The petition for habeas corpus filed by the relatives of three suspects in the Batasan bombing who were allegedly illegally held by the Philippine National Police (PNP) will be heard today at the sala of Judge Thelma Ponferrada of Branch 104 of the Quezon City Regional Trial Court.
The lawyers of the three suspects said they will seek the immediate release from detention of their respective clients and the return of their cases to the Department of Justice (DOJ) for preliminary investigation.
Lawyers Salacnib Baterina, Jose Aspiras and Joventino Diamante told reporters during a press conference at a restaurant in Quezon City that the suspects – Caidar Aunal, Ikram Indama and Adham Kusain – are being held illegally and their constitutional rights to due process have been violated.
“The arrest and filing of the case were done hastily,” Aspiras said.
He said the three, who were rounded up during a raid in Payatas, Quezon City two days after the attack, were supposed to face obstruction of justice charges but ended up among the principal suspects in the bomb attack.
Three other suspects were killed during an alleged shootout, which was triggered by the attempt to arrest a suspected Abu Sayyaf member inside the house.
“They were just visitors in the place but ended up as suspects,” Diamante said.
The Supreme Court, in its Dec. 11 ruling, issued a writ of habeas corpus to the petition filed by Rasmia Aunal, brother of Caidar, Juloy Kusain, mother of Adham, and Asraf Indana, brother of Ikram.
The High Court required respondents Senior Superintendent Asher Dolina of the Criminal Investigation and Detection Group (CIDG) and Chief Inspector Joel Manuel Ana of the PNP Custodial Center in Camp Crame to appear and produce the persons of the three suspects before the Quezon City RTC at 8:30 a.m. today.
Judge Ponferrada was also directed to decide on the merits of the case within two days.
The case was supposed to be heard by RTC Judge Romeo Zamora of Branch 80 but he inhibited himself from hearing the high profile case.
The lawyers of the suspects said the habeas corpus petition is separate from the cases being investigated by the DOJ on the alleged brains of the attack. – With Lileth Abe and Elaine Gatchalian