Cocoy Tulawie Case: Supreme Court Granted Transfer of Venue

August 17, 2011 – The legal odyssey of Mr. Temogen “Cocoy” Tulawie has recently reached a positive development.

This is in relation to the criminal cases filed against him by Governor Abdulsakur Tan of Jolo, Sulu for multiple frustrated murder and multiple attempted murder, in violation of Section 3, in relation to Section 3-C of PD No. 1866, as amended by RA 9516, or the illegal possession of explosives used in the commission of crimes.

The cases are pending before the Regional Trial Court (RTC), Branch 3, Jolo Sulu, docketed as Criminal Case Nos. (07-09) 1648-3 and (07-09) 1649-3, raffled in the sala of Acting Presiding Judge Leo Jay T. Principe.

Supreme Court Granted Transfer of Venue

Mr. Tulawie maintained his position that he is prepared and willing to face the charges against him. He can prove his innocence only if he will be given a fair day in court, free from restrictions, reprisals, and judicial harassments. The accusations against him, implicating him to the crime he did not commit, will not hold water.

But due to the indication of actual and imminent threat to his life and his family, and on the belief that continuing with the trial of the subject criminal cases in the RTC Jolo, Sulu can lead to a miscarriage of justice, given the power and influence of Governor Abdulsakur Tan in the said province, Mr. Tulawie had asked the Supreme Court on 23 September 2009 to transfer the venue of the case to any court outside of Jolo, Sulu as it may deem convenient.

After a series of follow-ups and letters of appeal from local and international groups and human rights advocates, the Supreme Court finally issued on 13 June 2011 a Resolution granting the petition for transfer of venue and ordered the transfer of the cases to the RTC of Davao City.

The Supreme Court further resolved to direct the Clerk of Court of the Jolo, Sulu RTC to forward the entire records of the criminal cases to the Office of the Executive Judge of the Davao RTC for the raffle of the cases among the courts in the station and to direct the judge to whom the cases may be assigned to hear and decide the cases with utmost dispatch.

On its notice of the said Resolution thereafter issued on 11 July 2011, the Supreme Court, through its Clerk of Court, Atty. Lucita Abjelina-Soriano, noted the following documents which supported the granting of the petition:

1) the 12 April 2011 Report of the Office of the Court Administrator;

2) the letter dated 16 December 2010 of Chairperson Loretta Ann P. Rosales, Commission on Human Rights of the Philippines, addressed to Court Administrator Jose Midas P. Marquez, seeking consideration of the request of Mr. Temogen “Cocoy” Tulawie; and

3) the letter dated 24 February 2011 of Bae Lisa Saway of the Mindanao Peoples Caucus and Pastor Reu Montecillo of the International Solidarity Conference, requesting the immediate resolution of the case.

Read full article @ mpc.org.ph

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