CEBU, Philippines - A petition for contempt was filed yesterday against Cebu Provincial Police Office director Carmelo Valmoria for allegedly defying a court order to turn over a rebel leader into the custody of the marshals of the witness protection program of the Department of Justice following the issuance of a writ of amparo.
Catalina Jacela, the concerned citizen who also filed the petition for writ of amparo on behalf of rebel leader Ramon Patriarca before the Regional Trial Court Branch 9 over the weekend, wanted Valmoria to be cited for contempt.
Assisted by lawyers Noemi Truya and Alfonso Cinco IV of the National Union of People’s Lawyer, Jacela said that on February 8, Judge Geraldine Faith Econg issued a writ of amparo to ensure that the rights to life, liberty and security of Patriarca, who was allegedly held incommunicado by the police and military personnel, are protected.
Econg ordered that Patriarca be placed under the protective custody of the witness protection program pending the hearing of the petition. However, Valmoria allegedly refused to turn over Patriarca to the marshals of the witness protection program until the day of the hearing on February 9.
Valmoria’s alleged disobedience to the court order, the petitioner claimed, constitutes contempt of court in which the police official should be penalized.
Cinco made an oral motion to cite Valmoria in contempt during the hearing of the petition for writ of amparo last Monday but Econg denied it, citing that under the rules it should be formally filed in writing.
The case stemmed from the arrest of Patriarca by the joint police and military operatives on February 5 in Casili, Consolacion based on a warrant of arrest for rebellion case filed in Danao City. Patriarca’s camp questioned the legality of his arrest, claiming that there was no warrant and that he was held incommunicado for 80 hours. Patriarca also claimed to have been tortured by the police and the military men who arrested him.
However, Econg later dismissed the petition for writ of amparo after the police and the military presented the warrant of arrest issued by RTC Judge Edito Enemecio in Danao City against Patriarca.
Patriarca is now detained at Danao City Jail after he was formally turned over to the court last Tuesday, and the issuance of the commitment order against him. — Fred P. Languido/WAB (THE FREEMAN)