Share on facebook
Facebook
Share on twitter
Twitter
Share on email
Email

Court dismisses habeas corpus petition vs. 2 Bacolod cops

• GILBERT P. BAYORAN

A petition for habeas corpus filed against PMaj. Eugene Tolentino and PLt. Col. Joery Puerto, both of Bacolod City Police Office, in connection with the arrest of six transport group leaders on Wednesday, was dismissed by Bacolod Regional Trial Court Branch 79 Ferdinand Elbert Jomilla.

On September 18, a petition for habeas corpus of Lilian Sembrano, Rudy Catedral, Shallymar Leuthner, Eric Bendoy, Melchor Omangayon, and Rodolfo Gardoce Jr., was filed by their counsels, Atty. Rey Gorgonio and Atty. Lydio Apawan Jr, against Tolentino and Puerto, with RTC Branch 79 tasked to hear the petition.

When the hearing for the petition for habeas corpus invoking the right against the unwarranted arrests of Sembrano, Catedral, Leuthner, Bendoy, Omangayon, and Gardoce, Judge Jomilla said they and their counsels were nowhere to be found.

Based on the petition submitted to the court, there is no proof that the respondents Tolentino and Puerto were furnished with a copy of the petition. Likewise, there is no proof that they were notified of the time and date of the hearing, as requested by the counsels for the petitioner, the judge noted.

More so, the present petition suffers an infirmity considering that the petitioner and his counsel/s are not in court to argue their case, despite its alleged urgency, the judge further said.

Considering further that the police authorities made the arrest of the six persons, and who have been allegedly detained because they were in the act of staging a protest action in front of the L’ Fisher Hotel along Lacson Street in Bacolod City, where a transportation summit regarding the implementation of the Public Utility Vehicle Modernization Program (PUVMP) was being held, this may have been the reason for their arrest, which is presumably done in the regular course of the duty of the respondents under Section 5 of Rule II3 of the Rules on Criminal Procedure, he added.

The charges, if any, filed against the allegedly detained persons have not even been raised. All that is claimed by the petitioner is that the six detained persons have not been charged.

However, there is no proof presented by the petitioner, or in the petition, that the six persons were actually detained, as of this moment, Jomilla further noted.

Wherefore, the Court denies the relief prayed for by the petitioner and this petition is hereby ordered dismissed, he added.

PCol. Joeresty Coronica, BCPO chief, said the six protestors caused traffic to halt, refused to leave despite repeated requests from the police, and turned rowdy as firefighters started hosing them with water.

Coronica added that the protesters hurled stones at the police, injuring two of them, and damaging a fire truck.

They have long been given leeway, Coronica said, pointing out that they previously entered the lobby of the Bacolod City Government Center to stage a protest.

During the dispersal, two police officers sustained minor injuries when tensions escalated during a protest against the Public Utility Vehicle Modernization Program (PUVMP).

Sembrano told the media that they simply wanted to enter the hotel to speak with DOTr and LTFRB officials, claiming it was their right to defend the livelihood of drivers.

She said the alleged harassment by the city police, including the use of force and a water cannon, was considered a “violation of human rights.”

Catedral said he will face the charges being filed against him by the police.

Coronica also claimed the protesters had come prepared, bringing stones to the rally.

“This time, we must insist that we are a government of laws, not of men,” he added.

While BCPO respects freedom of expression, Coronica said it must be exercised at the proper place and time.*

ARCHIVES

Read Article by date

February 2025
MTWTFSS
 12
3456789
10111213141516
17181920212223
2425262728 

Get your copy of the Visayan Daily Star everyday!

Avail of the FREE 30-day trial.