THE Court of Appeals (CA) has issued a writ of habeas corpus directing the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP) to bring before it indigenous peoples’ (IP) rights activists Gene Roz Jamil “Bazoo” de Jesus and Dexter Capuyan, who were believed to be victims of enforced disappearance.
In an eight-page resolution penned by Associate Justice Florencio Mamauag Jr., the CA’s Thirteenth Division granted separate petitions filed by the families of de Jesus and Capuyan, who have been reported missing since April 28.
De Jesus is an information officer of the Philippine Task Force on Indigenous Peoples Rights, while Capuyan is a former activist.
The appellate court said it granted the petitions for being sufficient in form and substance.
Named as respondents in the petition were AFP Chief of Staff Lt. Gen. Andres Centino, PNP Chief Gen. Benjamin Acorda Jr., Rizal Police Provincial Director Col. Dominic Baccay, and PNP-Criminal Investigation and Detection Group Chief Brig. Gen. Romeo Caramat.
A writ of habeas corpus “is a writ directed to a person detaining another, commanding the former to produce the body of the latter at a designated time and place.”
It extends “to all cases of illegal and arbitrary detention by which any person is deprived of his liberty….”
“Finding the instant petition to be sufficient in form and substance and it appearing from the allegations therein that the writ ought to issue, this Court hereby gives due course to this petition and orders the issuance of the corresponding writ by the Division Clerk of Court, this Court, under the seal of this Court,” the CA said.
The CA also directed the National Bureau of Investigation (NBI) to serve the writ to the respondents, requiring them to appear before it and produce the bodies and persons of de Jesus and Capuyan, if found to be in their custody, during the hearing scheduled today, July 14, 2023.
The respondents were also directed to show cause why de Jesus and Capuyan should remain in their custody.
“Respondents are ordered to make a proper return of this writ with this Court within five days from its implementation in accordance with the law,” the court said.
The families of Capuyan and De Jesus said the duo went missing on April 28 at Golden City Subdivision in Taytay, Rizal.
The two were reportedly on board a tricycle that was blocked by two cars. Witnesses said several armed men alighted from the vehicles and told them that they were personnel of the PNP-CIDG and that they should not intervene.
The armed men reportedly forced the victims to separately board the vehicles and left the area.
The petitioners said on May 12, 2013, the 1st Civil Relations Group of the AFP and the 5th Infantry Division of the Philippine Army announced on their Facebook pages that Capuyan was arrested based warrants for cases pending in the courts of Tagudin, Ilocos Sur and Bontoc, Mountain Province.
It was also reported that he is included in the wanted dead or alive list, with bounties in the amount of P1 million to P2.8 million.
The De Jesus family said since various military and police-backed Facebook pages announced Capuyan has a pending warrant, this has exposed him and anybody with him, including de Jesus, in danger from those going after him.
Thus, the de Jesus family maintained they have reasonable belief that de Jesus is under the custody of either the military or the police since they published on social media that Capuyan is a member of the New People’s Army with pending arrest warrants.
As such, the petitioners alleged military and police personnel may have every reason to abduct Capuyan and his companion.
CA issues writ of habeas corpus for 2 missing IP rights activists
Source: News Paper Radio
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