CEBU CITY -- National Bureau of Investigation (NBI) Central Visayas agents Thursday flew former Compostela mayor Gilbert Wagas to Manila to turn him over to the Sandiganbayan division that sentenced him to 20 to 40 years in jail for malversation eight years ago.

Wagas, accompanied by a team led by Special Investigator Arnel Pura, was spotted inside the Mactan Cebu International Airport by a Cebu-based lawyer that Sun.Star Cebu interviewed Wednesday night for clarification on the lifespan of bench warrants.

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“Our argument (on the validity of the warrant) was sustained by the Sandiganbayan when it received former mayor Wagas,” said NBI director Medardo de Lemos in an interview Thursday night.

Wagas was turned over to Sandiganbayan chief of security and sheriffs Edgardo Urieta for commitment to the National Penitentiary in Muntinlupa.

“The handcuff is procedural for the sheriff. We will have to wait for the order of commitment before bringing him to the Bureau of Correction. The mayor will stay here,” Urieta said.

“Pinapatulan pala ng Sandiganbayan ang pambalot ng daing (the Sandiganbayan apparently upheld the wrapper for dried fish),” said one of the agents who escorted Wagas, in reference to the former mayor’s statement to the press that the NBI erred in arresting him because the warrant they used was invalid, a mere “putos’ buwad.”

Wagas admitted to reporters late Wednesday night that he resisted but stressed that it was he who was injured, as evidenced by a bruise on his forehead.

“I always resist. My father is a policeman and he taught me never to subject myself to an illegal arrest,” he said.

But he said, “I cannot blame the NBI. They’re just performing their job.”

Wagas said his arrest was illegal because the bench warrant used to authorize it was issued in 2003 yet and the Sandiganbayan granted him bail while he elevated his conviction to the Supreme Court (SC) on certiorari.

Wagas’ lawyer, George Bragat, said the bench warrant used to authorize the arrest was only valid for 10 days because it was not an alias warrant.

But de Lemos, who is also a lawyer, said records show the SC already ruled on the petition for certiorari and denied it on September 16, 2002.

An entry of judgment, signed by Deputy Clerk of Court Teresita Dimaisip of the SC’s third division, noted that the decision became “final and executory” in October 23 of the same year.

This, de Lemos explained, meant that there was no more legal impediment to the implementation of the Sandiganbayan’s October 8, 2001 decision convicting him of malversation and sentencing him to reclusion perpetua.

On the supposed 10-day lifespan of bench warrants, de Lemos said, “We can argue that point without an arbiter until we turn blue. The Sandiganbayan’s act of receiving Mr. Wagas is all the clarification necessary.”

At least 11 other lawyers, among them a law professor, several government prosecutors, including former Central Visayas regional state prosecutor Antonio Arellano, who now heads the justice department attached agency in Central Mindanao, say otherwise.

“Warrants of arrest issued by the court continue to remain valid until returned to the court after the accused is arrested or upon a manifestation that the accused is already dead or outside the jurisdiction of the court such as his being in a foreign country,” Arellano said.

“A bench warrant is issued by the judge in court session. It does not expire until the subject is arrested,” said lawyer Michael Yu, president of the Integrated Bar of the Philippines (IBP) Cebu City chapter.

Wagas, meanwhile, said he is confident he would be absolved in the end. He said the case should be resolved “not on technicalities but on substance.”

He said his arrest is politically-motivated, considering that he would be running against the Duranos. Wagas is planning to run for the fifth district House seat in May.

The Duranos, through media officer Yamie Vestal, denied the charge.

She said they found it ridiculous because Wagas was a long-time opponent of Representative Red Durano (Cebu, 5th district).

She said if the Duranos wanted to get Wagas, they would have done it a long time ago.

She said Wagas always used the phrase “politically motivated” every time he has done something negative to his image. (KNR/RSA/Sun.Star Cebu/Sunnex)