Manila RTC denies Degamo slay suspects’ habeas corpus petition

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MANILA, Philippines — A Manila Regional Trial Court (RTC) has denied the petition for habeas corpus of one of the suspects in the killing of Negros Oriental Gov. Roel Degamo.

It can be recalled that Joven Javier in his petition claimed that he is “unlawfully detained and deprived of his liberty by the order and at the behest of” Justice Secretary Jesus Crispin Remulla and National Bureau of Investigation Director Medardo de Lemos.

Javier said that he has been confined without a formal complaint, a specific offense filed against him, nor a writ or order for his confinement.

Manila RTC Branch 16, in a decision dated July 5, however, found that his detention was lawful, hence, the habeas corpus remedy is not available to him.

A writ of habeas corpus is a remedy applicable to cases of illegal confinement or detention where a person is deprived of his or her liberty or where the rightful custody of any person is withheld from the person entitled thereto. This means the remedy does not apply to suspects restrained by legal process.

The court cited pending criminal cases against Javier before several Manila RTCs: a case for murder in Branch 51, a Violation of Section 3 of P.D. No. 1866 in Branch 40, as well as a Commitment Order from Branch 51 committing Javier to the Manila City Jail.

“In the case at bar, it appears that the petitioner is deprived of liberty under a warrant of commitment in pursuance of law, the return is thus considered prima facie evidence of the cause of restraint. The petitioner has failed to present evidence to rebut or contradict such,”

Thus, the court ruled that Javier’s detention is lawful, dismissing his petition and recommitting him to the Manila City Jail.

Javier’s petition came after he withdrew his testimony against Negros Oriental Rep. Arnolfo Teves and his former aide, Marvin Miranda, claiming he was forced by the police to implicate the two.

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JPV