CEBU, Philippines - Human rights group Karapatan- Central Visayas yesterday re-filed a petition for contempt against Cebu Provincial Police Office director Carmelo Valmoria for allegedly defying a court order to turn over a rebel leader to marshals of the witness protection program of the Department of Justice.
Catalina Jacela, assisted by Karapatan, filed the petition before the office of the clerk of court of the Regional Trial Court in Cebu City after Judge Geraldine Faith Econg dismissed her motion to cite Valmoria in contempt.
Karapatan- Central Visayas Secretary General Dennis Abarientos said the refilling of the petition was to comply with the order of the court, considering that the first petition was dismissed for failing to comply with the requisites under the rules.
Abarientos said it was the court’s ruling that a separate petition for contempt should be filed before the office of the clerk of court and have it raffled.
The petition stemmed from Valmoria’s alleged refusal to comply with the court order, which directed him to turn over alleged rebel leader Ramon Patriarca to the marshals of the DOJ witness protection program.
The order was issued by Econg together with a writ of amparo because of allegations that Patriarca was taken into police and military custody without a warrant of arrest and was held incommunicado for 80 hours inside the police camp.
Econg issued the order on February 8 to ensure that the rights to life, liberty and security of Patriarca will be protected.
However, Valmoria allegedly refused to comply with the order and continued to take custody of Patriarca until the following day when the court heard the petition for amparo.
The court eventually dismissed the petition for amparo after the police and the military were able to prove that the arrest was based on a valid warrant issued by judge Edito Enemecio of Danao City.
Patriarca was arrested by the joint police and military operatives on February 5 in Casili, Consolacion. — Fred P. Languido/JMO (THE FREEMAN)