Manila court denies habeas corpus petition of Degamo slay suspect
MANILA, Philippines — The Manila Trial Court on Monday, July 10 rejected the writ of habeas corpus petition of a suspect in the assassination of Negros Oriental governor Roel Degamo.
Suspect Joven Javier filed a plea writ of habeas corpus plea against Justice Secretary Jesus Crispin Remulla and National Bureau of Investigation Director Medardo De Lamos.
Javier, one of the alleged gunmen in the killing of Degamo at his residence in Pamplona town, claimed in his petition that he was being unlawfully detained and deprived of his liberty without any formal charge or judicial warrant.
Habeas corpus is Latin for “produce the body.” It is an order to present a person before the court to determine if the arrest or imprisonment is legal or if a person must be released from custody.
But in a decision dated July 5 and released Monday, July 10, Branch 16 Presiding Judge Janice Yulo-Antero wrote that the remedy is not available when the deprivation of liberty is lawful.
The court added that Javier has pending criminal cases before the Regional Trial Court of Manila as well as a commitment order to the Manila City Jail.
“Accordingly, it appearing that the cause of the deprivation of liberty of the petitioner Joven Calibjo Javier is lawful, this court is constrained to dismiss the instant petition and recommit the petitioner to the Manila City Jail,” the decision read.
The DOJ welcomed the decision of the court.
“The judiciary is now aware of the dilatory and diversionary tactics of lawyers that seek to further the conspiracy behind the Pamplona massacre,” DOJ spokesperson Mico Clavano said.
In May, Javier recanted his admission of the crime, and accused soldiers and police of forcing him to sign his previous affidavit. He previously gave sworn statement that implicated suspended Rep. Arnolfo Teves (Negros Oriental), who is accused of masterminding the massacre. — Gaea Katreena Cabico
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