Killing of DPWH Engineer: Suspect's wife asks court to declare arrest unlawful

CEBU, Philippines – The wife of the suspect in the ambush of an engineer of the Department of Public Works and Highways filed a habeas corpus petition with motion to suppress evidence obtained by policemen.

Nanette Jane Garcia, wife of accused Rene Garcia, through her legal counsel Giovanni Asensi Luna is asking the court to order those policemen who apprehended her husband to appear in court and to produce the living body of her husband and show cause satisfactorily explaining why he not be turned over to her.

She also asked the court to declare as unlawful, illegal and without any factual and legal basis the arrest of her husband last August 9 at their residence in Calubihan, Talamban, Cebu City, it being outside the purview of a valid warrantless arrest. Because of this, she wants the release of her husband, who is still being detained at the Cebu City Police Office detention cell at the Camp Sotero Cabahug on Gorordo Avenue.

Garcia likewise wants the court to suppress all the items obtained by the police in the search and seizure operation after her husband’s arrest which, according to her is illegal.

The respondents in the petition are Supt. Pablo Labra, Chief Insp. Goerge Ylanan, Senior Insp. Vicente Velasquez, Insp. Genilo Veraque, SPO1 Edado Borras, SPO1 Filomeno Mendaros, PO3 Raymundo Supatan, PO2 Philip Ray Alcazar, PO2 Philip Plasus, PO2 Dennis Mosqueda, PO1 Micheal Maucesa, all of who are stationed at Cebu City Police Office.

In her eight-page petition, Garcia stated that after her husband was brought to the police station, some of the CCPO officers and members went back to their residence in order to conduct search and seizure without the presence of anyone of legal age with only their two minor children around.

In the course of the said search, a .45 caliber firearm, cellular phones and others were obtained and now part of the complaint that the police is filing against her husband in connection with the death of DPWH Engr. Ciriaco Salazar last August 5.

Garcia’s petition further reads that the suspect was arrested without any warrant of arrest duly issued by the authorized judicial officer as the arresting officers reportedly claim that the arrest was effected pursuant to a hot pursuit.

Earlier, Rene, the alleged gunman in the killing of Salazar said that his target is the latter’s wife, Dolores, the DPWH head of maintenance who terminated Rene’s employment last August 1. (FREEMAN)