Discharged Marine wanted for Pen siege asks SC for writ of amparo

MANILA, Philippines – A fugitive former Marine sergeant implicated in the Peninsula Manila hotel standoff last year asked the Supreme Court yesterday to stop the government from disseminating a wanted poster bearing his name and photograph.

The petition for a writ of amparo for Monchito Lusterio was filed by his wife, Navy Petty Officer 3 Emelyn Lusterio, and his mother, Menchita Lusterio.

“Petitioner was living a quiet life for the past two years when the Manila Peninsula Hotel standoff flared on Nov. 29, 2007,” read the petition.

“Much to the former’s surprise, police and military officials announced on national television that he is in the wanted list and posters for allegedly taking part in the failed putsch and made to appear as a dangerous fugitive.”

Lusterio’s lawyer Ernesto Francisco Jr. said his client is seeking the Court’s protection after he was included in the wanted list of those who escaped after troops in armored vehicles stormed the Peninsula Manila hotel in Makati last year.

“He was linked to the Manila Peninsula incident, but there’s no proof to support that,” he said. “The procedure is to file charges in court but no charges have been filed against him until now.”

Francisco said Lusterio, a seven-year Marine veteran who was awarded a Gold Cross Medal for gallantry in action, was made to appear in wanted posters as still active in the military service with the rank of Private 1st Class.

“By forcing those in the wanted poster to go into hiding and run for their lives, respondents have also prevented them from earning an honest living to support themselves and their families,” he said.

“In the case of Monchito, his wife and their minor children are going through very serious financial hardship as a result.”

Francisco said Lusterio was charged with the crime of coup d’etat before the Makati Regional Trial Court for participating in the failed 2003 Oakwood mutiny.

Although the charges were later dropped for lack of evidence, the military detained him for two years, he added.

The Lusterios have three children, ages four, two and one, and his wife is five months pregnant with their fourth child, Francisco said.

Named respondents in the petition for a writ of amparo were Executive Secretary Eduardo Ermita, Philippine National Police chief Director General Avelino Razon Jr., Interior Secretary Ronaldo Puno, Armed Forces chief Gen. Hermogenes Esperon Jr., and Defense Secretary Gilberto Teodoro. – Mike Frialde, Michael Punongbayan