Appointee files for recall of Lina as BJMP head

The newly appointed chief of the Bureau of Jail Management and Penology will formally ask this morning the Quezon City Regional Trial Court to recall its order designating Interior and Local Government Secretary Jose Lina Jr. as "BJMP director" following a memorandum issued Thursday by Malacañang that recinded an earlier memorandum "holding in abeyance" his appointment.

Senior Superintendent Supt. Josue Engaño said his lawyer Plaridel Bohol will formally ask RTC Branch 216 Judge Modesto Juanson to recall the court order designating Lina as "BJMP director." He said the court order is actually defective because only the President has the sole authority to appoint/promote somebody in the uniformed service to the rank of a director which is the equivalent of major general in the Army or military service.

With Lina’s court appointment as "BJMP director," the latter became the record holder as the only civilian with the military rank of major general or director in the PNP, BJMP and the Bureau of Fire Protection.

Engaño also disclosed that his lawyer will also file today a petition asking Judge Juanson to inhibit himself from handling the quo warranto case filed by Chief Supt. Arturo Alit, former BJMP officer-in-charge, because of his manifest bias in favor of the petitioner.

Engaño pointed out that Juanson did not even allow him or Atty. Bohol to argue in open court, last Oct. 8, during the hearing of an urgent motion filed by Alit asking the court to stop him (Engaño) from dispensing (with the duties and responsibilities of BJMP chief. Alit’s petition which presented the "hold in abeyance order" dated Oct. 2, 2001 issued by Executive Secretary Alberto Romulo was used by Juanson in designating Lina as "BJMP director."