Jojo slay case update: RTC junks petition for habeas corpus

The Regional Trial Court has dismissed the petition for habeas corpus filed by the wife of SPO1 Marcial Ocampo, who is accused of killing Bantay Dagat chief and market administrator Elpidio "Jojo" de la Victoria over the Holy Week, because of the filing of the criminal case against him.

Executive judge Simeon Dumdum, Jr., in a three-page resolution released yesterday afternoon, said that he took judicial notice of the filing of the information of the case for murder against Ocampo and the issuance of the commitment order for his detention at the Talisay City Jail.

Dumdum likewise cited Section 13, Rule 102 of the Rules of Court, which provides that, "if it appears that the prisoner is in custody under a warrant of commitment in pursuance of law, the return shall be considered prima facie evidence of the cause of restraint."

Dumdum however did not rule on the issue of the legality of Ocampo's arrest, which was made basis by his wife, Grace, to file the petition for habeas corpus against Criminal Investigation and Detection Group 7 chief Jose Jorge Corpuz and his deputy Rex Derilo.

According to Dumdum, the Supreme Court has held that resorting to the writ of habeas corpus, "is not to inquire into the criminal act of which the complaint is made.

Ocampo's wife questioned the arrest of her husband because the CIDG did not have a warrant to do it. She also alleged that the CIDG just invited her husband for investigation after he was tagged as suspect in the murder of de la Victoria on April 12.

Meanwhile, Ocampo has been expected to appear in court this morning for arraignment, which RTC judge Ireneo Lee Gako has scheduled even if he has yet to resolve three motions of the defense.

Gako however is expected to decide on these motions first before the arraignment. The pending motions are to quash the information of the case, the transfer of Ocampo's detention to the National Bureau of Investigation, and the inhibition of Gako from the case.

The defense has been requesting for the transfer of Ocampo from the Talisay jail to the NBI due to security concerns. The defense has also been asking Gako to inhibit because he was allegedly overheard saying he will convict Ocampo. - Fred P. Languido