CA dismisses habeas plea of Lanzanas

MANILA, Philippines–The Court of Appeals on Monday dismissed the habeas corpus petition filed on behalf of Edward Dimalaluan Lanzanas, who was arrested along with the daughter of the late rebel spokesperson Gregorio “Ka Roger” Rosal, last March 27.

Lanzanas or Rafael de Guzman was arrested last month together with Andrea Rosal, daughter of Ka Roger Rosal and Barangay Captain Ruben Gatchalian along Barangay 169, Caloocan City by virtue of an arrest warrants for kidnapping murder issued by the Regional Trial Court of Mauban, Quezon.

Lanzanas is currently detained at the Bureau of Jail Management and Penology (BJMO)-National Capital Region (NCR) Office, Special Intensive Care Area (SICA), Camp Bagong Diwa, Bicutan, Taguig City.

Lanzanas, through his mother Nimfa told the appeals court that his arrest and detention was illegal since his name does not appear in the list of names included in the warrant of arrest.

But the appeals court said the arrest warrant mandated the detention of the person alias “Ka Jomel” (a.k.a Rafael Arelllano de Guzon).

“Said detention order clearly made mention of the name Rafael de Guzman, which petitioner herself would have us believe to be one of the names Edward is known by. By virtue of the foregoing order of the Regional Trial Court of competent jurisdiction, the detention of Edward is undeniably impressed with legal character,” the appeals court said.

“Therefore, petitioner cannot resort to a petition for the issuance of a writ of habeas corpus to secure Edward’s release from restraint,” it further stated.

De Guzman and Andrea are facing a case for kidnapping with murder case pending with the Quezon court.