MANILA - One of 3 Court of Appeals (CA) justices who earned the ire of Speaker Pantaleon Alvarez for ordering the release of six Ilocos Norte employees detained by the House of Representatives was asked about the issue during his public interview on Monday by the Judicial and Bar Council (JBC).

• READ: House to defy court order to release Ilocos Norte Provincial employees

• READ: Alvarez threatens to dissolve Court of Appeals

The public interviews are part of the ongoing search for the next magistrate of the high court to replace retiring Associate Justice Bienvenido Reyes, who is set to reach the mandatory age of retirement of 70 for the judiciary on July 6.

Associate Justice Stephen Cruz was asked by retired Supreme Court (SC) Associate Justice Angelina Sandoval-Gutierrez, JBC Executive Committee chairperson, why his division issued the writ.

Cruz insisted he was merely doing his job.

"To determine really if the detention was legal, we wanted the bodies presented to the court together with the person detaining them and determine whether it is legal," he said.

"But you ordered the release, that means you determined that the detention was illegal. Why did you issue the writ if you have yet to determine [whether the detention is legal or not?]" asked Gutierrez.

"Your honor, please, that was pursuant to a case: Enrile vs Salazar, where persons subject of a writ of habeas corpus, while the merits are being determined, can be released on bail," Cruz said.

Cruz, along with Associate Justices Edwin Sorongon and Nina Antonino-Valenzuela of the Special Fourth Division, ordered the detained employees released on bail.

Pedro Agcaoili, chair of the bids and awards committee, and provincial planning and development officer; Evangeline Tabulog, provincial budget officer; Josephine Calajate, provincial treasurer; Eden Battulayan, provincial accountant; and provincial treasurer's office staff Genedine Jambaro and Encarnacion Gaor have been detained since May 29 for telling the House Committee on Good Governance and Public Accountability they could not recall transactions involving allegations of misuse of tobacco excise tax amounting to P66.45-million in the purchase of mini trucks, mini cabs, and second-hand buses.

The vehicles had been distributed to different barangay chairmen for use of tobacco farmers and other agricultural processes as a
post-harvest facility, such as in transporting produce from farms to markets.

Alvarez blew his top following the CA order, stressing that the CA is not a co-equal branch of Congress.

"They only exist because they were created by Congress. Anytime, we can dissolve them… That's really gross ignorance of the law. That is why I will not honor their order.

"For me, they have no jurisdiction over us. Who are they to dictate Congress on what to do? We have rights that have been upheld by the Supreme Court a number of times," Alvarez said.

The CA was created by Commonwealth Act No. 3 of 1935.

The other applicants to the SC post are CA Presiding Justice Andres Reyes Jr., and Associate Justices Rosmari Carandang, Jose Reyes, Japar Dimaampao, Apolinario Bruselas, Amy Lazaro-Javier, Ramon Paul Hernando, and Ramon Bato Jr.; Court Administrator Jose Midas Marquez; Centro Escolar University law school vice dean Rita Linda Ventura Jimeno; and Davao City Regional Trial Court Judge Rowena Apao-Adlawan.

Jimeno, Apao-Adlawan, Lazaro-Javier and Dimaampao will no longer be interviewed since their public interviews for the post months ago are still valid.

The seven-member JBC will vote and shortlist at least three names which will be submitted to President Duterte.