SC to hold oral arguments on petition to free ex-NPA leader
MANILA, Philippines — The Supreme Court is set to tackle the Free Legal Assistance Group’s petition to free a former ranking leader of the Communist Party of the Philippines and its armed wing, the New People’s Army.
The SC’s Third Division will hear through oral arguments FLAG’s Petition for the Issuance of a Writ of Habeas Corpus for Rodolfo Salas on March 12 in the morning.
The SC issued a writ of habeas corpus and ordered Jail Chief Inspector Lloyd Gonzaga, warden of the Manila City Jail, to make a verified return of the writ to the SC Division within five days of receipt of the writ.
A return of the writ means that Gonzaga would have to answer and explain the Salas’ detention.
Salas is the former of the Communist Party of the Philippines and New People’s Army commander. He was arrested on February 18 in his home in Pampanga, under the warrant issued by Manila Regional Trial Court Branch 32 Judge Thelma Bunyi-Medina for murder.
Known as “Commander Bilog,” Salas, along with CPP founder Jose Maria Sison and 36 others were charged in court with murder in 2019 in connection to the Inopacan massacre in Leyte in the 1980s.
FLAG's petition
Citing Umil vs. Ramos, FLAG led by its chairperson Chel Diokno and former SC spokesperson Theodore Te said that “in all petitions for habeas corpus the court must inquire into every phase and aspect of petitioner’s detention.”
“The subject of this petition, Mr. Rodolfo Salas, is being illegally detained in violation of: (1) his right to due process as a protection against hasty, malicious and oppressive prosecutions, and (2) his right against being put twice in jeopardy of punishment for the same offense,” the petition read.
FLAG said the former rebel leader’s due process was violated because he was not given an opportunity to participate in the preliminary investigation.
“Had Rodolfo been given the opportunity to be heard in the preliminary investigation, he would have more than adequately defended himself. The State saw to it that not even a whisper would be heard from him,” the petition said.
It added: “And now Rodolfo finds himself once again in jail in the twilight of his years and without the possibility of posting bail.”
Associate Justice Marvic Leonen chairs the 3rd Division. Its members are Associate Justices Alexander Gesmundo, Rosmari Carandang, Rodil Zalameda and Samuel Gaerlan. — with reports from Gaea Katreena Cabico
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