CA junks habeas corpus plea for judge’s widow

The Court of Appeals has dismissed the petition for habeas corpus filed in behalf of the late judge Dante Romero’s 76-year-old widow, who was allegedly illegally detained by one of her sons.

In a decision dated Nov. 8 and penned by Associate Justice Estela Perlas-Bernabe, the court ruled that there was no evidence of actual and effective detention or deprivation of the liberty of Aurora Romero.

Court records show that Aurora and Dante had two sons: Leo, a lawyer, and advertising filmmaker Vittorio.

According to the court, the Romero couple managed to acquire and accumulate several pieces of property and put up several businesses.

With the death of her husband, Aurora was appointed as guardian and administrator of her husband’s estate. The court said that since 1974, Aurora kept the businesses thriving

Last March 21, Leo filed a petition for a writ of habeas corpus before the appellate court and asked the court to direct Vittorio to present their mother in court.

Leo claimed their mother “is no longer possessed of sound, mind and body” as a result of a series of operations and illnesses, the most recent of which is Alzheimer’s disease.

Leo also claimed that Vittorio had also administered drugs and medicines to their mother beyond the prescribed dosage in order to weaken her into signing documents that allegedly transferred the couple’s conjugal properties to his brother.

Leo also claimed that his brother took cash, money placements, the contents of safety deposit boxes, expensive jewelry and vehicles belonging to their mother. Leo also accused his brother of abducting and detaining their mother, even surrounding her with guards on a round-the-clock basis.

On March 28, the CA found Leo’s petition sufficient in form and substance and issued a writ of habeas corpus.

The CA, however recalled an earlier writ of habeas corpus and dismissed the new petition after it found out that there was no evidence of an actual and effective detention or deprivation of Aurora’s liberty. In its ruling, the appellate court also said that Aurora’s mental state and competence be threshed out in a petition for guardanship now pending with the Quezon City Regional Trial Court.

The appellate court added that the allegations that Aurora was coerced to sign legal documents and was forced to give $20,000 to Vittorio are irrelevant in the petition and deserved no consideration.  –  Mike Frialde