The Supreme Court (SC) has granted the writ of amparo petition filed in behalf of Monchito Lusterio, a discharged member of the Philippine Marines who is now in hiding after being implicated in the Manila Peninsula standoff last November.
In its resolution, the SC also ordered the respondents in the petition to make a verified return of the writ within five days from service of the writ.
The SC also directed the Court of Appeals to hear the petition on Feb. 26 at 10 a.m. and decide the case within 10 days after its submission for decision.
The petition was filed by Lusterio’s wife, Navy Petty Officer 3 Emelyn Lusterio, and mother Menchita Lusterio on Feb. 13. They also asked the SC to issue a temporary protection order and compel the respondents in the petition from continuing to disseminate “wanted” posters that include his name and photograph.
The respondents named in the petition were Executive Secretary Eduardo Ermita, Philippine National Police chief Director General Avelino Razon Jr., Interior and Local Government Secretary Ronaldo Puno, Armed Forces chief Gen. Hermogenes Esperon and Defense Secretary Gilberto Teodoro.
According to Lusterio’s lawyer, Ernesto Francisco Jr., his client is “was linked to the Manila Peninsula incident but there’s no proof to support that. The procedure is to file charges in court but no charges have been filed against him until now.”
Francisco said Lusterio was charged with the crime of coup d’ etat before the Makati Regional Trial Court for participating in the 2003 Oakwood mutiny. The charges were later dropped due to lack of evidence but a military court martial detained him for two years.
Lusterio was released in 2005 and demoted from sergeant to the rank of private. Because of the meager pay, Lusterio applied for discharge and started working as a security guard while maintaining a small business making cribs and cell phone pouches in Laguna for the past two years.
The Lusterios have three children, ages 4, 2 and 1. Lusterio’s wife is also five months pregnant with their fourth child. – Mike Frialde