MANILA, Philippines—The fathers of two of the “Alabang Boys” Tuesday filed a petition for a writ of habeas corpus against the Philippine Drug Enforcement Agency (PDEA) in the Court of Appeals.

Richard Brodett and Joselito Tecson, fathers respectively of respondents Richard Brodett and Joseph Tecson, asked the court to order the PDEA to produce their sons before the tribunal within 24 hours from receipt of the writ.

Lawyer Felisberto Verano, counsel for Joseph Tecson and Richard Brodett, said they resorted to the Court of Appeals “because nothing was happening at the DOJ [Department of Justice]. The DOJ is not acting on it [the order of release].”

In a 10-page petition, Verano told the appeals court that Brodett and Tecson should be released because the DOJ had dismissed the drugs case against the two last Dec. 2, 2008.

"But despite the express mandate, PDEA vehemently refused to comply and it even argued that it cannot release the subjects because of the existence of a department circular which requires the automatic review by the Secretary of Justice," Verano said.

Verano was referring to Department Circular No. 46 which requires the automatic review of dismissed cases involving violation of the Comprehensive Dangerous Drugs Act of 2002.

The petitioners argued that a Department of Justice review of the dismissed drug charges against the two suspects and their fellow respondent Jorge Joseph did not require their continued detention in the course of the re-evaluation.

“As there is no express law or even an express declaration in the said department circular (that required an automatic review of dismissed drug cases) authorizing the continuous detention of the subjects, they should be released during the automatic review,” the petitioners said.

Verano also pointed to the Constitution, which provides that "no person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied of the equal protection of the laws."

“At present, there is no charge against the subjects. PDEA, therefore, has no reason to deprive the subjects of their liberty,” they added.

They also asked the court to issue an order that the suspects shall no longer again be imprisoned for the same drug offenses “unless by the lawful order or process of a court having jurisdiction of the cause or offense.”