Judge Jose Mendoza of Regional Trial Court Branch 219 ordered the release of Leoncio Pitao, alias Kumander Parago, and placed him under the custody of Rev. Tomas Millemena, Supreme Bishop of the Philippine Independent Church.
Mendoza directed Millamena to bring Pitao to court whenever he is needed such as during the trial of the robbery, kidnapping and murder charges against him.
The judge sent a copy of the release order to the Intelligence Service of the Armed Forces of the Philippines (ISAFP) at Camp Aguinaldo in Quezon City, where Pitao is detained since his arrest last Nov. 2, 1999.
The military claimed Pitao, alleged head of the NPA’s Merardo Arce command, masterminded the abduction of Army Brig. General Victor Obillo and his aide Captain Eduardo Montealto in February 1999.
Although the release of Pitao is not strictly in accordance with the rules, Mendoza said "the court is inclined to grant the release because no less than President Arroyo has approved it. The court noted that the President has the constitutional power to grant amnesty and pardon.
President Arroyo based her decision to approve Pitao’s release on the recommendation’s of the secretaries of justice, defense, interior and local government’s and the Office of the Executive Secretary as part of the government’s confidence and goodwill-building measures for the resumption of the peace negotiations with the National Democratic Front.
"The judiciary, however, will not pose itself as an obstacle to peace process being undertaken by the Executive department," the judge noted. "In the pursuit of peace, which the country constantly worked for since time immemorial, the court will give its wholehearted cooperation."