Detained for 10 days: Court grants habeas corpus, orders release of boy, 17

BAYBAY CITY, Philippines – The mother of a detained 17-year-old boy on Wednesday petitioned for a habeas corpus before the Regional Trial Court-Branch 14, which in turn issued the writ ordering the police to release her son that same day.

Alma, the boy’s mother complained in court that the police had been detaining his son for 10 days at the police detention cell, cramped together with many others, despite his juvenile age and even without any charges filed against him.

The boy was one of the 722 supporters of mayoral bet Marilou “Malot” Veloso Galenzoga, who were arrested and detained during a raid of a combined police-military force at her residential compound at dawn of July 1, which the raiding team said was part of a hot pursuit operation.

They were rounded up for alleged participation in the rally, after a thanksgiving mass, of Team Malot supporters at the City Hall, in the afternoon of June 30 to protest the alleged massive fraud in the May 13 election. The rally turned violent resulting in injuries of many people, including some policemen and Alma’s son himself.

The plight of the detained boy was known not only in the local and national media community but also in other agencies and non-government organizations because he was shot and hit in his side of the body during the rally.

Despite his injury and age, however, the police did not release him since his detention in July 1, and the city’s DSWD office also did not pursue efforts to transfer his custody to the agency. This prompted the mother to go to court and seek for a writ of habeas corpus.

Earlier on Friday (July 5), a Task Force Detainees (TFD) representative (name withheld on request pending the filing of report to her central office) also sought for the release of the boy, but was told by the local DSWD that the minor will be released on Monday (July 8) after processing some documents.

This DSWD commitment however did not materialize until the filing for the writ of habeas corpus before the RTC-Branch 14 in this city, docketed as SP Proc B-13-07-05.

According to the TFD representative, she found it hard to believe that the DSWD would allow the boy in the detention cell for such number of days. “They (DSWD) knew beforehand about the law on minors, and the boy’s detention at the Baybay Police Station. Clearly, there was a violation of the boy’s rights under Philippine laws,” she added.

Superintendent Carlito Gallardo, Baybay City Police chief, was in Tacloban City yesterday and could not be contacted for comment on the case of the detained teenager. (FREEMAN)