PULUPANDAN – “They can search the nation, we're out of the country.”

That was the reaction of Pulupandan Mayor Magdaleno Peña to the National Bureau of Investigation's second search of his house in Barangay Ubay here, for his 3-year-old son yesterday morning.

The Supreme Court Third Division has ordered the NBI to get the boy from Peña and turn him over to his mother, movie actress and television host, Marie Roxanne “Plinky” Recto.

The NBI agents led by Bacolod chief Mamerto Cortez conducted a second search of the house of Peña for the boy, the first having been conducted on Monday.

Caretaker Dolly Iraga said Peña had gone to Manila in November yet and had not been back. His son had left Ubay ahead of him, she said.

Peña, who was contacted by a caretaker on a cellular phone when the NBI arrived at his house, said the NBI agents were free to search his home but asked the media not to take photos and videos of the security men who could become targets of the New People's Army.

The NPA had earlier claimed responsibility for a failed ambush on Peña and had consequently warned that he was still on their hit list.

Peña said the NBI entry into his house was being done with his permission because, otherwise, they could not do it as they did not have a search warrant.

Peña would not say when he left the country and what country he is in. I'm in the south of France , Peña said obviously in jest.

“I'm not hiding from the Supreme Court, I'll go to the Supreme Court,” he said.

Peña said he will ask the SC for a stay of the execution of the order for turnover of the child until a final ruling on the custody case.

“And hopefully the court will come up with a resolution beneficial to all of us, especially for our son,” he said.

When asked when he would return to the country, he said whenever he wants to as the need may arise.

Or he could surrender himself to the NBI and they can bring him to Recto instead of the boy, he said.

Cortez said the NBI did not need a search warrant to enter the Peña house since they had an SC order to get the boy.

During the search, the NBI did not have a representative from the Department of Social Welfare and Development with them since they said they could always seek DSWD help for the care of the boy after they had found him.

The media was asked to go to the NBI office at 6 a.m. yesterday for an undisclosed operation and on reaching Pulupandan the NBI picked up the local police to accompany them.

On entering Barangay Ubay, leading to the house of Peña, the NBI had to pass through two checkpoints up to the heavily guarded Peña house that has sandbags in the yard and nets in front to prevent grenades from being lobbed inside.

Then they waited for a caretaker to open the doors of the locked-up Peña house that looked uninhabited with windows closed and no Christmas decorations up for the holidays.

They searched the rooms and left empty-handed.

Cortez said he had been in touch with the lawyer of Peña and told her that they were implementing the order of the SC.

Cortez said his next move is to report to the SC that they complied with its order and that Peña and his son could not be located at the address stated.

We will give the order back so a nationwide search or manhunt can also be conducted, he said.

The second search was made yesterday to confirm a tip that Peña was at his house or might return to it, Cortez said.

Asked if passing by the local police station and through two checkpoints would not have given sufficient warning to anyone at the house to go into hiding, Cortez said “Whether or not he has information or not, what is important is that we are implementing thoroughly this order from the Supreme Court.”

Cortez said he was ordered by NBI Deputy Director Reynaldo Esmeralda to personally confirm if Peña and the boy are in the Ubay house or not.

“What is important in this operation is that we send a message to the mayor that we are really serious in this implementation of the order of the Supreme Court,” Cortez said.

We have a certification from the municipal administrator that the mayor is on official vacation leave but it does not say how long, he added.*CPG

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