NBI fails to bring suspect to court for Writ of Amparo petition hearing

BACOLOD CITY, Philippines — The court has reset the hearing of a petition for Writ of Amparo filed by the mother of Eddie Fortunado, suspect in the murder of slain Kabankalan Judge Henry Arles, because the NBI failed to bring him to court Thursday.

Regional Trial Court-branch 42 Judge Fernando Elumba has reset the hearing to August 22 and ordered the NBI and its legal counsel to bring Fortunado to the hearing of the petition for Writ of Amparo filed by the suspect’s mother Tessa.

“Be sure to bring the ‘living body of the subject’ on the scheduled hearing or you will be cited for contempt,” Elumba told lawyer Ormil Go of the Office of the Solicitor General. Go serves as legal counsel for the respondents from the NBI: Director Nonnatus Caesar Rojas, Bacolod chief Ferdinand Lavin, Syrus Aluzan and Modesto Orestes Cajita.  

Fortunado has been under protective custody of the NBI-Manila with other suspects Jessie Daguia and Alejandro Capunong since June. The Arles family has charged before the DOJ the three suspects, along with Ilog town Mayor John Paul Alvarez, whom they tagged as the alleged mastermind of the crime, as well as Marvin Salve, Gerard Tabujara, Emmanuel Medez, and three other unidentified suspects.

The judge said the NBI failed to heed the Writ of Amparo he issued last August 9 to bring Fortunado to the court during the summary hearing yesterday. The NBI also has not yet filed a verified return of the Writ.

During the hearing, Go said Fortunado is still detained at the NBI Manila and they failed to bring him to Bacolod for “lack of material time.” He added that the case was endorsed to him only on Wednesday so he did not have time to conduct a research. “We are very much willing to bring the ‘body of the subject’ given sufficient time,” Go said, but then he also still has to confer with his clients.         

Go also manifested “a pivotal question” before the judge, saying that he was wondering why a hearing was called because in the first place, Fortunado’s case does not warrant the issuance of a Writ of Amparo.

Go argued that the Writ only covers extra-judicial killings and enforced disappearances. “There was killing but the subject was not the one who died. He has not even disappeared,” Go said, adding that the relatives of the suspects were able to visit them at NBI Manila.

Lavin, for his part, said there is no reason for the NBI not to comply with the order of the court. “We cannot defy the order of the court,” he said. “We will take this up with the higher management of the NBI. We have until (Aug. 18) to file our return,” he said yesterday.

Romeo Subaldo Sr., counsel for Tessa Fortunado, argued that there was no case filed against Eddie therefore there is no legal reason for the NBI to detain him. Tessa said she was happy that Elumba ordered the NBI to bring her son to court, which was what she wanted from the start, to tell the suspects’ families and the media about the real situation. - THE FREEMAN