MANILA, Philippines -- The Court of Appeals has directed the Armed Forces of the Philippines (AFP) to free two University of the Philippines (UP) students and a man abducted and missing since 2006.

It took the testimony of farmer Raymond Manalo, who earlier escaped from his military captors, to convince the appellate court that Sherlyn Cadapan, Karen Empeño and Manuel Merino are under military custody.

The appellate court, in a September 17 decision penned by Justice Jose Mendoza, granted the writ of amparo and writ of habeas corpus petitions filed by Cadapan and Empeño's mothers, Erlinda and Concepcion, and ordered the three missing persons' release.

The appellate court said the three persons' right to life, liberty and security were being violated. Concurring with the decision were Justices Monina Arevalo Zenarosa and Sesinando Villon.

Among the respondents in the petitions are President Gloria Macapagal-Arroyo; now retired generals Hermogenes Esperon Jr., Jovito Palparan, and Romeo Tolentino, and Philippine National Police (PNP) Director General Avelino Razon Jr.

Arroyo was later dropped as respondent because she cannot be sued while in office.

"There is now a clear and credible evidence that the three missing persons, [Cadapan, Empeño and Merino] are being detained in military camps and bases under the 7th Infantry Division. Being not held for a lawful cause, they should be immediately released from detention," the appellate court said.

It also directed the Philippine National Police to investigate the abduction of Cadapan, Empeño and Merino. It noted that the police earlier found it difficult to probe the case because the students' families were not cooperating.

"Now, there are enough leads -- names, places and dates-- recited all over the records of the proceedings in these cases. From there, the PNP can build up its case even without the active cooperation of the reluctant relatives and file the necessary charges, if warranted," it said.

It also said that with its order directing the three person's release, it saw no need to require the inspection of military camps sought by the UP students' mothers. It, however, rejected the mothers' plea for damages against the military officials, and added that it could not order the respondents' arrest.

Cadapan, Empeño and Merino were abducted in June 2006, and the two students' families have blamed the military for their disappearance. The AFP, however, denied holding the three in detention.

In 2007, brothers Raymond and Reynaldo Manalo surfaced and said they had escaped from their military captors. The two said that they saw the three missing persons while they were under detention.

In finding that military elements were keeping Cadapan, Empeño and Merino in custody, the appellate court cited the "clear, consistent and convincing" testimony of Raymond.

Raymond testified that he saw the three missing persons in Camp Tecson in Bulacan and Limay, Bataan where he and his brother Reynaldo were also detained.

Raymond said he saw several men abusing the girls. He witnessed Cadapan being subjected to water torture and electric shocks. He also said he saw Merino being burned. Later, when he failed to see the UP students, one of his captors also told him not to look for them because they and Merino were together.

"The testimony of Raymond Manalo can no longer be ignored and brushed aside. His narration and those of earlier witnesses, taken together, constitute more than substantial evidence warranting an order that three be released from detention if they are not being held for a lawful cause. They may be being moved from place to place but still they are considered under detention and custody of the respondents," it said.

The appellate court noted that it earlier ruled in the habeas corpus petition that the military respondents were "not telling the whole truth" and were evasive. It said the military officials denied or said they did not know about certain things which they were supposed to be well-informed of, and their testimonies did not fit together.

In 2007, it denied the habeas corpus petition, but now reversed itself and granted the motion for reconsideration filed by the mothers.

The appellate court also noted that the vehicle with plate number RTF-597 used in the abduction was later seen at the 56th Infantry Battalion headquarters in Hagonoy, Bulacan under the 7th Infantry Division.

The testimonies of Lieutenant Colonel Felipe Anotadao and Colonel Eduardo Davalan disputing Manalo's statements also failed to convince the court of the military's innocence.

"Again, their averments were the same negative ones which cannot prevail over those of Raymond Manalo. Indeed, Camp Tecson had been utilized as a training camp for Army Scout Rangers. Even Raymond Manalo noticed it but the camp's use for purposes other than training cannot be discounted," it said.

It noted Manalo's testimony that Merino was burned, but it would consider him alive in the absence of "confirmatory proof."

The appellate court further ruled that even though some of those named respondents were not in the AFP's roster, this did not clear them of responsibility.

It said that although respondents Arnel Enriquez and Donald Caigas were not regulars in the military hierarchy, they were under the control and supervision of elements in it who were "impatient of our democratic process."

Aside from Enriquez and Caigas, the other respondents were Lieutenant Colonels Rogelio Boac and Felipe Anotado and Lieutenant Francis Samson.

The appellate court also said it was not condemning the whole AFP in handing down the decision. It said the decision only dealt with "a few misguided, self-righteous people who resort to the extrajudicial process of neutralizing those who disagree with the country's democratic system of government."

The court described them as those who saw themselves as guardian of the country, but whose principles they dishonored by violating the rights of its citizens. It further said their actions undermined the system they have been tasked to protect.

"By and large, the military is still composed of honorable men whose selfless sacrifice has so far preserved the Republic. They remain faithful and true to their oath of defending the Constitution by abiding with the rules laid down to make certain that the right to life, liberty and security of every citizen will not be violated without due process of law," it said.

The granting of the writ of amparo in favor of the UP students and Merino was a departure from the recent string of amparo dismissals by other appellate court divisions.

Before this case, the last amparo petition decided by the appellate court was that of national broadband network deal witness Rodolfo Noel Lozada Jr. The court denied his plea for a protection order, and ruled that there was no substantial evidence to show that he was kidnapped by government agents.