MANILA, Philippines — The Supreme Court gave the National Bureau of Investigation (NBI) 10 days to respond to the habeas corpus petition filed on behalf of Marvin Miranda, who is tagged as a co-mastermind in the killing of Negros Oriental Gov. Roel Degamo.
A writ of habeas corpus is a remedy applicable to illegal confinement or detention cases. The court directs the authority to bring the person to court and justify his or her detention.
“After deliberating on the Petition for Issuance of Writ of Habeas Corpus…without giving due course thereto, resolves to require the respondent [NBI] to comment within a non-extendible period of ten days from notice hereof,” read the Supreme Court First Division’s order dated April 17 but made public on Thursday.
Conchita H. Miranda, Marvin’s mother, has petitioned for a protection order against the NBI. The order would prohibit the NBI from committing any act that would violate Marvin’s rights. She also wants an order to suppress evidence due to Marvin’s illegal arrest.
Miranda was arrested on March 31 after the other suspects identified him as the one who allegedly recruited them to join the attack on Degamo.
Miranda, together with Osmundo R. Rivero, Joven C. Javier, Joric G. Labrador, Benjie B. Rodriguez, Winrich B. Isturis, Rogelio C. Antipolo, Eulogio L. Gonyon Jr., John Louie L. Gonyon, Romel A. Pattaguan, and Dahniel P. Lora are facing ten counts of murder, 12 counts of frustrated, and three counts of attempted murder cases before the Manila Court.
Four of the 11 accused were immediately arrested in a hot pursuit operation.
Department of Justice (DOJ) Assistant Secretary Jose Dominic Clavano said, “we will definitely comment on that matter [habeas corpus] using that argument and we believe that because his name was mentioned very early on in the search that he was also part of the hot pursuit.”
Clavano added that with a pending case against Miranda, “he knows exactly what he is answering to. Alam nya po kung ano ang hinaharap nyang kaso [he knows what case he is facing.]
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