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Cebu pastor arrested for ‘killing’ his wife


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(from gmanews.tv)

MANILA, Philippines - A cellular phone subscriber identity module (SIM) card led to the arrest of an Adventist pastor in Cebu City for the abduction and killing of his wife, a radio report said early Friday.

Radio dzBB's Cebu affiliate reported that police arrested Leonardo Jastiva, pastor and president of International Missionary of the Seventh Day Adventists, for wife Judith's death.

Police said Jastiva faces parricide charges after they found in his possession the cell phone used by Judith's abductors supposedly to contact him.

Investigators also said the pastor appeared uneasy when they first interviewed him about his 39-year-old wife's abduction.

Earlier, Leonardo reported at least three men abducted his wife last Feb. 9.

Investigators said they noticed similarities in the “texting" styles of the pastor and the supposed kidnapper. - GMANews.TV

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This is evidently a pastor in the SDA Reform Movement. A very sad and tragic development in any case. There seems to be some evidence to think he may be innocent. Let's hope and pray they find the true killer of his wife and do not arrest and punish the wrong person.

CEBU CITY -- A daughter of Pastor Leonardo Jastiva Sr. questioned his warrantless arrest and filed Friday a petition to compel his presentation in court.

Jastiva also told reporters that he can present the SIM card that first received a text message of the alleged kidnapper who informed him of his wife's fate.

Valentine's 2009 blog

Relatives and pastors of the International Missionaries of the Seventh Day Adventist Reform Movement arrived Friday to show their support for Jastiva.

Despite Jastiva's explanation, police officers handling the case remain convinced of his involvement and are sure they have enough evidence to prove probable cause.

Cebu City Police Office Director Patrocinio Comendador told reporters the police will maintain their position that Jastiva acted as the kidnapper and victim at the same time.

Jastiva explained that he owns three SIM cards and two cellular phones. He admitted he could not exactly trace which SIM card first received the text message from his wife's kidnapper because some of the messages were sent to one SIM card while some to the number of one of his children.

Jastiva and his lawyers also believe his arrest was illegal.

The petition for habeas corpus filed by his eldest child, Gemaloe Jastiva Pitogo, will be heard Saturday morning in the sala of Regional Trial Court (RTC) Judge Gabriel Ingles. A writ of habeas corpus is an order directing a party to produce the body of someone who is illegally detained.

Lawyer Luzmindo Besario questioned Jastiva's arrest for parricide "even if the identity of the body found [in Sitio Cantimpla I, Tabunan, this city] remains to be ascertained."

Parricide

Lawyers Besario and Agueda Tiu-Monteclar also questioned the legality of Jastiva's arrest before Assistant Cebu City Prosecutor Liceria Lofranco-Rabillas during the filing of the parricide complaint.

Besario noted that the police based their arrest on Rule 113, Section 5 of the Revised Rules on Criminal Procedure on warrantless arrests.

The section states a peace officer and a private person may effect the warrantless arrest "when, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense."

"Did you have personal knowledge?" Monteclar asked the policemen who escorted Jastiva.

Cebu City Police Office-Homicide Section Chief Mario Monilar answered that the second provision of the same rule states a peace officer or a private person can make a warrantless arrest "when an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it."

In Jastiva's case, Monilar said he was only invited by the police to shed light on the incident. But circumstances showed probable cause to file a complaint against Jastiva.

"We requested him to turn over the victim's jacket, but he refused to give it. He refused to cooperate," explained Monilar.

Rabillas explained that if a writ of habeas corpus is signed, it doesn't mean the parricide complaint would be dismissed. Since the granting of the writ entails the release of Jastiva, he would undergo regular preliminary investigation.

If the petition for habeas corpus is denied, then Jastiva will undergo inquest proceedings.

No affair

Spectators and fellow church members of Jastiva filled the Office of the City Prosecutor in Friday's proceedings.

Jastiva said he and Judith celebrated their 21st wedding anniversary the Sunday before she went missing. He said he could not believe his wife would carry on an affair, saying she was always focused on their family and children.

His mother Aliponsa and sister Estrella arrived from Dipolog City when they heard over their local radio station that Jastiva had been arrested in connection with Judith's death.

Aliponsa said her son had never been involved in any criminal case and found it difficult to believe he is accused of killing his wife.

Estrella, for her part, said she was also familiar with Judith and could not believe insinuations that she was having an affair.

Pastor Arnulfo Cortez, their vice president and pastor for Mindanao, also said Jastiva would not even hurt a fly.

"Sa pagkaila nako niya, dili gani ni siya manigarilyo, dili moinom. Ug makaagi og mananap, iya gani nang likayan (He neither smokes nor drinks. He goes out of his way to avoid hurting animals)," Cortez told reporters.

Cortez admitted that members of their church were saddened by the events but they were one in praying for Jastiva.

Evidence

For his part, Comendador pointed out that if they request all records of telecommunication companies, these will reflect the time and date text messages were sent and received.

"It's the evidence that will prove (that he is guilty), not us," Comendador said in a news conference.

He also found it odd that Jastiva, who intended to forward the kidnapper's text message to Senior Inspector George Ylanan, would send it to another one of his phones before forwarding it to the policeman.

"If you intend to send it, why transfer it to another phone? It's your phone anyway," he noted.

Comendador said with Jastiva's denial, they could not expect cooperation from them and they will be careful in accepting new witnesses.

Witness

Another witness was picked up Friday and he claimed that Jastiva approached him the day before and "injected" ideas about what happened the night Judith was supposedly abducted.

The witness, a security guard, said Jastiva has been paying him visits regularly.

The witness claimed that on February 9, he was with friends in the area. He noticed a car and a motorcycle but did not think anything was wrong because there was no commotion and two men were talking.

When he returned, people were panicking and claiming that a robbery had just occurred.

The next day, the witness said Jastiva appeared at his workplace and introduced himself as one of those involved in the incident the night before.

He said Jastiva asked him if he saw what happened. But the witness told him that he did not. Jastiva allegedly told him his wife was kidnapped and a man pointed a gun at him.

He later asked the witness if he could get his contact number, name and address in case he needed a witness to help locate his wife.

The witness claimed Jastiva returned on Sunday but did not catch him.

Last Tuesday, Jastiva reportedly returned and told him the police did not believe in him. The witness said he could not do anything about it because he did not see anything that night.

On Thursday, the witness found a SIM card near his workplace. He and his fellow security guard picked it up. Since his cellular phone was locked to his service provider, his fellow security guard took the SIM card with him and used it with an open line cellular phone.

His fellow guard later told him that the SIM card contained messages connected to the Jastiva kidnapping.

The witness told reporters that he got scared and worried and found it suspicious that the SIM card happened to be near his workplace. This led him to approach the police and inform them of the events.

Comendador said his statement would corroborate another witness' account that there was no commotion. He said they will study the contents of the SIM card the witness recovered. (MEA/JGA/Sun.Star Cebu)

John 3:16-17

For God so loved the world, that he gave his only Son, that whoever believes in him should not perish but have eternal life. [17] For God did not send his Son into the world to condemn the world, but in order that the world might be saved through him.

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offtopic One of the few churches the Reform Movement has on the West Coast is only about 5 miles from me. I found out about it because one of the members was a coworker of mine. I went to a series of evangelistic meetings at the church as well as a couple of Sabbath services, and ate with them.

We need to try to make friends with them and show them love and understanding, I think.

backtopic

John 3:16-17

For God so loved the world, that he gave his only Son, that whoever believes in him should not perish but have eternal life. [17] For God did not send his Son into the world to condemn the world, but in order that the world might be saved through him.

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Quote:
hope they fine his wife

What did SHE do wrong?

(lol tic HaHa and whatever else would help me be forgiven for posting this)

May we be one so that the world may be won.
Christian from the cradle to the grave
I believe in Hematology.
 

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She probably asked the same question Redwood! :) hahahahahahaha

pk

phkrause

By the decree enforcing the institution of the papacy in violation of the law of God, our nation will disconnect herself fully from righteousness. When Protestantism shall stretch her hand across the gulf to grasp the hand of the Roman power, when she shall reach over the abyss to clasp hands with spiritualism, when, under the influence of this threefold union, our country shall repudiate every principle of its Constitution as a Protestant and republican government, and shall make provision for the propagation of papal falsehoods and delusions, then we may know that the time has come for the marvelous working of Satan and that the end is near. {5T 451.1}
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you guys are sick! smiley_throwrocks.gif

Pam     coffeecomputer.GIF   

Meddle Not In the Affairs of Dragons; for You Are Crunchy and Taste Good with Ketchup.

If we all sang the same note in the choir, there'd never be any harmony.

Funny, isn't it, how we accept Grace for ourselves and demand justice for others?

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I try my best Pam.

But I do realize that I can be 'trying'.

May we be one so that the world may be won.
Christian from the cradle to the grave
I believe in Hematology.
 

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LOL - I *thought* you guys were goofing around! :smile:

Pam     coffeecomputer.GIF   

Meddle Not In the Affairs of Dragons; for You Are Crunchy and Taste Good with Ketchup.

If we all sang the same note in the choir, there'd never be any harmony.

Funny, isn't it, how we accept Grace for ourselves and demand justice for others?

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I do my best to keep loose!

pk

phkrause

By the decree enforcing the institution of the papacy in violation of the law of God, our nation will disconnect herself fully from righteousness. When Protestantism shall stretch her hand across the gulf to grasp the hand of the Roman power, when she shall reach over the abyss to clasp hands with spiritualism, when, under the influence of this threefold union, our country shall repudiate every principle of its Constitution as a Protestant and republican government, and shall make provision for the propagation of papal falsehoods and delusions, then we may know that the time has come for the marvelous working of Satan and that the end is near. {5T 451.1}
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I hope they fine his wife and the

killers....

They found the wife, remember? One report had her naked while another reported that she had a t-shirt on. She was found by a guy grazing his animals off to the side of a road.

I still can't quite figure out the whole SIM card deal. There are conflicting reports about the texting origins; who had what phone at what time...

I am waiting for the next logical news post from the Philippines. Maybe that will clear up some of my confusion.

Les

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Than how come they arrested him for killing his wife when she is alive??????

pk

phkrause

By the decree enforcing the institution of the papacy in violation of the law of God, our nation will disconnect herself fully from righteousness. When Protestantism shall stretch her hand across the gulf to grasp the hand of the Roman power, when she shall reach over the abyss to clasp hands with spiritualism, when, under the influence of this threefold union, our country shall repudiate every principle of its Constitution as a Protestant and republican government, and shall make provision for the propagation of papal falsehoods and delusions, then we may know that the time has come for the marvelous working of Satan and that the end is near. {5T 451.1}
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Pastor Released - -

News report

"Pastor Leonardo Jastiva stepped out of jail yesterday afternoon shortly after the court ordered his release.

His children and several church members happily accompanied him home to Talisay City.

The Seventh Day Adventist pastor still has to answer a charge of parricide filed against him for the death of his wife.

But yesterday, because of legal lapses by Cebu City police who arrested the church leader when the victim's body was found over a week after her disappearance, the police were admonished about the “improper” arrest made without a warrant.

Regional Trial Court (RTC) Judge Gabriel Ingles of Branch 58 granted a petition for a writ of habeas corpus filed by the pastor’s daughter and ordered Jastiva’s release.

The judge said police officers failed to justify the warrantless arrest as a hot-pursuit operation.

In a hearing in the morning, police officers gave sometimes conflicting explanations about when the “crime” occurred – was it Feb. 10 when the pastor reported his wife was kidnapped? Or on Feb. 18, when the woman's body was found abandoned in the mountain barangay of Tabunan in Cebu City?

“Even if it may be conceded that based on what the respondent (Police Senior Inspector Mario Monilar) knew he had probable cause to believe that Jastiva committed parricide, this court fails to see how the lapse of about five to seven days between the commission of the crime and the arrest, can satisfy the requisite 'has just been committed',” Ingles said.

An arrest can be made without a warrant based on three situations: when a crime is being committed in one's presence, has just been committed, or is about to be committed.

For police to invoke a hot-pursuit operation, they have to establish when the crime was committed, not when it was discovered, as well as the time the suspect was placed under arrest.

Senior Inspector Monilar, homicide chief of the Cebu City Police Office (CCPO), said the pastor was arrested on Thursday, Feb. 19 and detained without a court order.

He invoked a hot-pursuit arrest under section 5 (B) of Rule 113 of the Rules of Court which states that an arrest without warrant can be made by a peace officer or private citizen “when an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.”

His lawyer Troy Cayanan said the crime of parricide should be considered as “having been committed” on Feb. 18, when police discovered the victim's body in a vacant lot in the mountain barangay of Tabunan.

But a police autopsy showed the woman may have been killed four to six days before it was discovered.

Judith Jastiva was reported by her husband as having been kidnapped by car-riding men who stopped the couple while they were riding through P. Abella Street, Cebu City on a motorbike.

“Following such line of argument would allow a hot pursuit arrest today even for a crime committed a long time ago because the body was only discovered today,” the court said in its order.

Judge Ingles, being the judge on duty, presided over the special court proceeding on the petition for a writ of habeas corpus.

The court room was full, mostly with policemen, when the hearing started at 10 a.m.

Jastiva, who has denied any role in his wife's death, sat on a bench with his four children. He embraced his 10-year-old son, the youngest child, throughout the proceeding.

At least 10 members of the International Missionary Society of the Seventh Day Adventist sat behind the pastor.

A writ of habeas corpus is a legal remedy in which a person can seek relief from unlawful detention. The writ has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action.

Jastiva spent two nights in jail.

After yesterday's hearing, Jastiva shed tears while his lawyer Agueda Tiu-Monteclar tried to console him.

The pastor, who did not speak throughout the proceeding, was escorted by police back to the police headquarters to await the court's order. The release order arrived past 2 p.m.

A preliminary investigation on the parricide charge will be conducted by Assistant City Prosecutor Liceria Lofranco-Rabillas.

Defense lawyer Tiu-Monteclar told Cebu Daily News her client's counter-affidavit will be submitted next week after discussion with co-counsels.

She said the pastor thanked her upon his release but “Wa pa mi nag-istorya sa details sa kaso. (We have yet to discuss about the details of the case),” she said.

She said Jastiva is already a free man, but the pastor needs to ask permission from his lawyers if wants to travel outside Cebu.

Yesterday's hearing was also attended by CCPO Director Senior Supt. Patrocinio Comendador Jr.; Senior Inspector George Ylanan, chief of the Intelligence and Detective Management Branch of CCPO; Jastiva's lawyers Tiu-Monteclar, Luzmindo Besario, and Fritz Quinanol and lawyer Troy Cayanan and Monilar representing the CCPO.

The police were first asked to explain the basis of their warrantless arrest.

Asked when the crime was committed, Monilar said Feb. 10, the day the pastor told police his wife was dead.

To this Ingles remarked: “You said the crime was committed on February 10. Hhow can you say that the crime has just been committed (when you arrested him only on February 19?),” Ingles asked.

At this point, Senior Supt. Comendador who was sitting behind Monilar suddenly stood up to answer.

“I will clarify it your honor. It's not yet determine when the crime was committed,” he said.

Comendador said Monilar's February 10 assumption was based on Jastiva's statement.

The judge remarked, ““You are not sure when the crime was committed. How can you say that the crime 'has just been committed'?”

With this, the judge advised the police not to “risk or compromise” the case by insisting on a warrantless arrest.

He asked the police to prove their contentions by undergoing a preliminary investigation in the prosecutor’s office. Later on, when the case is filed in court, the judge can be asked to issue a warrant of arrest.

Leonardo, 42, is the president of the International Missionary Society of the Seventh Day Adventist Church.

He said his wife was kidnapped the evening of Monday, Feb. 9 by men on board a blue Mitsubishi Lancer sedan. The incident happened a day after the couple celebrated their 21st wedding anniversary.

From the start, police said they doubted the pastor's story because he refused to sign a formal complaint.

Later, the pastor forwarded police officers text messages he said were sent by the kidnappers, indicating where Judith's body could be found.

Police arrested Jastiva Thursday after discovering that one of his cellphones had the same number as the sender of the text messages.

The pastor said he just got “confused” and that the original text messages were just forwarded from another phone he owned. He offered to take a lie-detector test to prove his innocence."

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dgrimmm ... you really do need to repent.

May we be one so that the world may be won.
Christian from the cradle to the grave
I believe in Hematology.
 

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I agree- that mistake needs to be repented of!

Isaiah 32:17 And the work of righteousness shall be peace; and the effect of righteousness quietness and assurance for ever.

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Hey Joe my ears are ringing, your shouting to loud. :) hahahahahaha just kidding

pk

phkrause

By the decree enforcing the institution of the papacy in violation of the law of God, our nation will disconnect herself fully from righteousness. When Protestantism shall stretch her hand across the gulf to grasp the hand of the Roman power, when she shall reach over the abyss to clasp hands with spiritualism, when, under the influence of this threefold union, our country shall repudiate every principle of its Constitution as a Protestant and republican government, and shall make provision for the propagation of papal falsehoods and delusions, then we may know that the time has come for the marvelous working of Satan and that the end is near. {5T 451.1}
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Seems to me they have a friendly arrangement with the Reform Church not to... after all they have been using that name for almost 100 years.

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What is the SDA Reform Movement? Is it the one that has their HQ in

Calif? Strong believers in SOP? Many of whom meet in house churches?

The same one that resisted Hitler in Germany while the "official" SDA

Church there capitulated to Hitler? I heard someone say that EGW is

unmentionable in the "official" SDA church circles in Germany, but that

the Reform Movement accepts her?

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The SDA Reform Movement is headquartered in Roanoke, Virginia.

They make the Spirit of Prophecy a test of fellowship.

http://www.sdarm.org/index.php

John 3:16-17

For God so loved the world, that he gave his only Son, that whoever believes in him should not perish but have eternal life. [17] For God did not send his Son into the world to condemn the world, but in order that the world might be saved through him.

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The SDA Reform Movement has split into two groups. NOTE: I am using the name is a generic sense and not a specific sense as there are slight differences in the names of the two groups.

Gregory

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