In a three-page decision, Executive Judge Sixto Marella of Makati RTC Branch 138 said Misuari and Usman may now be transferred from the St. Luke’s Medical Center to a house along 6th street in New Manila, Quezon City.
Misuari and Usman, who are under trial for the non-bailable offense of rebellion, initially asked for "hospital arrest," claiming that their health deteriorated while they were under detention at Fort Sto. Domingo in Sta. Rosa, Laguna.
After submitting medical certificates and undergoing medical check-ups, Marella granted their request to be confined at St. Luke’s last Jan. 23 to undergo medical examination for 10 days.
Their hospital stay eventually got extended to more than three months after they were found to be suffering from ailments that needed appropriate medical attention.
Because of this, Misuari and Usman, through lawyer Arthur Lim, asked the court to let them stay in a house near St. Luke’s.
Misuari, 65, was found to be suffering from essential hypertension and acute respiratory tract infection and hepatic nodules.
For his part, Usman, 68, was found to be suffering from diabetes mellitus, as suspected when he first asked for a medical check-up.
Marella said he found the request of Misuari and Usman "impressed with merit" considering that Misuari "has been found to be suffering from hypertension and that hepatic nodules have been detected which require monitoring."
He added that Usman is suffering from diabetes mellitus.
Marella said the two must have quick access to medical facilities and that should any untoward event occur, they must be brought to St. Luke’s within minutes.
Marella said he was also convinced that there is lack of adequate medical facilities in Fort Sto. Domingo, besides the fact that it is too far from St. Luke’s.
Marella directed Philippine National Police chief Director General Arturo Lomibao to oversee the implementation of the court’s orders since both Misuari and Usman are still under PNP custody during their entire stay in the New Manila house.
"In the posting of guards and other security personnel, Lomibao is ordered to adopt such degree of security with due regard to the stature of the persons concerned which will ensure (their) safe conduct from the hospital to (the New Manila house)," Marella said.
He said Misuari and Usman shall shoulder all their expenses during their stay in the New Manila residence.
He directed the director of the PNP’s Health Service to monitor the medical conditions of both Misuari and Usman and submit weekly reports.
Misuari, former governor of the Autonomous Region in Muslim Mindanao, was charged for allegedly leading a failed mutiny in Jolo, Sulu in 2001, or two weeks before the fourth ARMM elections.