The Pasay City Regional Trial Court (RTC) presiding judge apologized to former broadcaster Jay Sonza for issuing his warrant of arrest despite the lack of due process, RH 15 Jecelle Ricafort reported on Monday.

According to Sonza’s lawyer, Atty. Mark Tolentino, the presiding judge stood at the beginning of the hearing this morning to apologize for the court’s misstep. Tolentino said that the judge apologized for Sonza’s 5-day incarceration without due process.

“Humingi siya ng paumanhin. In my long time of practice, ngayon lang ako nakarinig ng isang judge na tumayo, very humble enough, humingi ng paumanhin sa pagkakamali nila,” Tolentino said.

“Pagkakamali ng court, na because of that pagkakamali, na-deprive ang liberty ng isang presumed na innocent na tao. Hindi pa convicted si Jay Sonza. He is presumed innocent, [and] has the right to due process. But despite the presumption of innocence, nakulong siya for four or five days… because of sa pagkakamali,” he added.

The lawyer also mentioned that the Department of Justice (DOJ) itself ordered that the accused subject to bailable offenses cannot be apprehended on weekends, holidays, and on the eve of a weekend or holiday.

“Second, may order ang DOJ na bawal manghuli sa mga bailable offense pag weekend or eve ng weekend o holiday. But naghuli pa rin ang NBI kasi nakalagay doon sa warrant of arrest na non-bailable,”

He was referencing the error in the issued arrest warrant, which wrongfully indicated that his client’s case was a “non-bailable” offense.

The document also mistakenly indicates the case Sonza faces—as opposed to Republic Act (RA) 10591 or the Comprehensive Firearms and Ammunition Regulation Act, as shown in the warrant, he has been charged with unlawful publication under the Cybercrime Prevention Act of 2012.

In spite of the court’s error, Sonza’s camp does not plan to take legal action in retaliation, as it is not the court they are battling.

The Pasay RTC Branch 118 issued the said arrest warrant for Sonza on Thursday last week.

As of writing, the former newscaster has been freed temporarily, after being arrested Thursday night.

National Bureau of Investigation (NBI) Director Atty. Melvin Matibag confirmed that Sonza’s ₱10,000 bail has already been processed, and Tolentino said that a release order has been issued by the Pasay RTC.

Moreover, Matibag refuted Tolentino’s statement about the DOJ’s instructions for arresting accused with bailable offenses.