CA issues writ of amparo for convicted kidnapper

MANILA, Philippines - The Court of Appeals (CA) has ordered the Department of Justice (DOJ) to explain the transfer of an inmate at the New Bilibid Prison (NBP) in Muntinlupa City to the National Bureau of Investigation (NBI).

Acting on the petition of convicted kidnapper Noel Martinez’s sister, the CA’s Sixth Division issued a writ of amparo, directing the DOJ to explain the transfer of Martinez and other inmates following a raid at the national penitentiary last month that yielded contraband like illegal drugs, firearms and cash.

In a four-page resolution penned by Associate Justice Myra Garcia-Fernandez, the CA gave due course to the petition of Marilou Martinez Raguro after finding it sufficient in form and substance.

The CA took note of allegations that Martinez’s rights were violated by “transferring him to the NBI facility without authority and depriving him of any form of visit by his relatives, friends including his lawyers.”

The writ, however, was only procedural as the court has yet to resolve the merits of the case.

The CA directed the respondents – Justice Secretary Leila de Lima, Bureau of Corrections (BuCor) Director Franklin Jesus Bucayu and NBI Director Virgilio Mendez – to answer the allegations and set the case for “summary hearing” tomorrow.

No authority

In her petition, Raguro argued that the DOJ has no authority to order the transfer of inmates from the NBP to the NBI, especially since her brother has a pending petition, also before the CA, challenging his conviction by the trial court.

She also questioned the DOJ’s move to bar their family and lawyers from visiting Martinez, saying it was a violation of his basic rights.

Martinez was one of the 19 inmates transferred to the NBI. The families of two others, Michael Ong and Willy Sy, filed similar petitions with the CA while drug lord Amin Imam Boratong sought relief from the Supreme Court.

The Manila regional trial court dismissed a petition for a writ of habeas corpus for inmate Peter Co, filed by his alleged cousin.

Robbery gang leader Herbert Colangco, another inmate transferred to the NBI, also questioned his transfer before the SC.

The other isolated inmates are Eugene Chua, Chua Sam Li, Vincent Sy, George Sy, Joel Capones, Clarence Dongail, Tom Chua, Rommel Capoines, Jojo Baligad, Jacky King Sy, Willy Chua, Jacky King Sy and Herman Agojo.   

Returned

Over the weekend, five more drug convicts – Joselito Valiente, Brando Ramirez, Gianfranco Pasco, Engelbert Durano and Noel Arnejo – were transferred to the NBI following another raid at NBP.

De Lima, however, said yesterday the five were brought back to the NBP due to a lack of space at the NBI detention center. They were instead brought to solitary cells at the penitentiary. 

She reiterated that there was nothing illegal with the transfer of the inmates, explaining that their detention center is an extension facility of the BuCor.