MANILA, Philippines -- A Quezon City court has stopped the proceedings on the petition for a writ of amparo filed by a ranking police official accused of involvement in a kidnap and murder case after the Police Anti-Crime and Emergency Response (Pacer) agreed to permanently detain the accused in Camp Bagong Diwa in Bicutan, Taguig City.
?With the agreement of the parties making the transfer of the aggrieved party in Camp Bagong Diwa, which is the main prayer of petitioner in her petition, the court deems it no longer necessary? to conduct further proceedings in this case,? Quezon City Regional Trial Court Judge Alexander Balut said in his one-page order dated July 17.
But a staff member of the court on Friday clarified that the court did not dismiss the petition for a writ of amparo filed by the wife of Chief Inspector Exequiel Cautiver.
?Judge Balut decided to stop the hearings when the police consented to the request of Cautiver?s family to bring him to another jail and not because he believed that the arrest was proper and legal,? the court employee told the Philippine Daily Inquirer, parent company of INQUIRER.net.
The court employee, who asked not to be named as he was not authorized to talk to the media, likewise stressed that Balut?s order did not sustain the legitimacy of Cautiver?s arrest.
Cautiver, a training director of the elite PNP Special Action Force (SAF), was arrested last July 4, along with former Dasmariñas, Cavite Vice Mayor Victor Carungcong and two others, for the kidnapping and murder of Demosthenes Cañete, a retired pilot, and his driver Allan Garay.
Cautiver was identified by Alejandrito Entolizo and Gary Pateo as the one who instructed them to pick up the ransom money in Pasay City. Cautiver later tagged Carungcong as the brain behind the kidnapping.
During last Thursday?s hearing, government lawyer Hermes Ocampo decided to put off the scheduled cross-examination on Cautiver who accused his fellow police officers of physically maltreating him during his arrest.
A Commission on Human Rights (CHR) doctor said there were clear indications that Cautiver was tortured by his police captors while in their custody.
But Philippine National Police (PNP) chief Director General Avelino Razon Jr. vehemently brushed off Cautiver?s allegations and the CHR report.
Ocampo said Pacer officials had already agreed to permanently detain Cautiver at the Metro Manila District Jail in Camp Bagong Diwa as requested by Cautiver?s wife, Penelope.
Penelope hailed Balut?s order, saying it was a step closer toward clearing her husband?s name of any wrongdoing.
She said Cautiver?s transfer to Bicutan would also ease their family?s anxiety over his safety.
Penelope also slammed the PNP and Pacer for ?intentionally feeding the media with misinformation? regarding her husband?s case.
?We won our case for a writ of amparo. That?s very clear with the judge?s order. On the other hand, Pacer?s case against my husband has yet to reach the court,? she said.
Penelope, meanwhile, disclosed that she and their family have been experiencing harassment since Cautiver was arrested.