CA junks petition of soldier detained over Estrada VCDs
The Court of Appeals (CA) has dismissed the petition for the issuance of a writ of habeas corpus filed by Marine 1Lt. Artemio Raymundo, Jr. and his wife, Salome, following his arrest and detention for distributing copies of three controversial video compact discs (VCDs).
In a decision penned by Associate Justice Marlene Gonzales-Sison, the CA’s 14th Division affirmed the jurisdiction of the military’s General Court Martial over Raymundo as well as the authority of his commanding officer to order his detention for violation of the Articles of War.
The appellate court said a petition for the issuance of a writ of habeas corpus should not be allowed after the party seeking to be released had already been charged before any court or a quasi-judicial body.
Raymundo was charged with disrespect toward a superior officer, unconduct unbecoming of an officer and a gentleman and conduct prejudicial to good order and military discipline for distributing a VCD of “Ang Mabuhay Para sa Masa,” which presented Estrada’s life and his rise to the presidency. This VCD was earlier banned from public showing by the Movie and Television Review and Classification Board (MTRCB).
The two other VCDs Raymundo distributed were “At All Costs,” which presented issues on the 2004 presidential elections; and “The Original Sin: Not Once But Twice,” a 16-minute documentary that focused on the controversial telephone conversation between President Arroyo and former elections official Virgilio Garcillano.
Raymundo “thus stands charged in court-martial proceedings for alleged violations of the Articles of War which are service-connected offenses or crimes. Accordingly, the filing of the case against (him) before the military court defeats this petition. The case having been filed in the military court, petitioner’s remedy lies in that court,” the CA said.
Last September, Marine Major Danilo Luna ordered that Raymundo be restricted within the confines of the 16th Marine Company headquarters after he gave Luna, his commanding officer, copies of the three VCDs.
Raymundo was then the officer-in-charge of the 16th Marine Company and Logistics Office of the Field Artillery Battalion.
Luna advised Raymundo to steer clear of politics and informed him of a directive coming from higher authorities banning a similar documentary on the life of Army Gen. Danilo Lim.
Last February, Raymundo joined some Marine soldiers in calling for Mrs. Arroyo’s resignation.
Raymundo, despite Luna’s warning, continued to distribute copies of the VCDs to at least 10 other ranking officers, prompting Luna to order his arrest and confinement. When he was confronted by Luna, Raymundo questioned his authority to order his arrest and confinement.
Raymundo admitted to the offense but claimed that the charge of disrespect towards a superior officer is only a minor offense which does not warrant his detention.
“As correctly observed by the respondents, the unmilitary conduct exhibited by 1Lt Raymundo itself exposes the gravity thereof. Hence, it cannot be considered as a minor offense,” the Court of Appeals said.
The respondents in Raymundo’s habeas corpus petition were Luna, Marine Maj. Gregorio Hernandez, 1Lt.
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