CA grants Lee’s plea for habeas corpus
Copy of Court of Appeals ruling on Delfin Lee. TETCH TORRES-TUPAS/INQUIRER.net
MANILA, Philippines–The Court of Appeals has granted the writ of habeas corpus filed by Globe Asiatique President Delfin Lee.
In a ruling issued by the appeals court Special First Division, it ordered the National Bureau of Investigation to bring Lee to the appeals court on Wednesday at 10 a.m to hear his plea.
Lee, a fugitive for more than two years, was arrested last week in Manila and has since been detained in a jail in Pampanga.
In his petition, Lee insisted that the arrest was illegal considering that the appeals court has ordered the Pampanga court to recall the arrest warrant.
“To date, there is no temporary restraining order or injunction issued by the Supreme Court to stop the implementation of the direct injunction dated 7 November 2013 issued by the Court of Appeals…There is likewise no TRO or injunction issued by the Supreme Court to stop the immediate recall, quashal and liftig of the warrant of arrest against herein petitioner (Lee),” the petition stated.
Delfin Lee. INQUIRER FILE PHOTO
Lee, through his lawyer, said the ruling of the Court of Appeals was immediately executory.
They said the continued detention of Lee was a violation of his constitutional right to liberty.
The appeals court, in its ruling said Lee’s petition was “sufficient in form and substance.”
The appeals court wants the police and the NBI to explain why Lee should stay in detention.
“Regional Director, National Bureau of Investigation, Regional Office No. III, Capitol Compound City of Pampanga as well as Police Chief Inspector Rafael De Lero are directed to produce the body of the petitioner before this court on 12 March 2014, 10:00 a.m. at the Paras Hall, Main Building, Court of the Court of Appeals and to show cause why the relief sought in the petition should not be granted,” the appeals court said.
The ruling was signed by Associate Justices Manuel Barrios, Stephen Cruz and Normandie Pizarro.
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