OSG wants alleged NDF leader back in jail

MANILA, Philippines — The Office of the Solicitor General (OSG) is asking the Court of Appeals (CA) to overturn its decision ordering the release of 81-year-old Prudencio Calubid Jr. from the Manila city jail for being mistakenly identified as a leader of the National Democratic Front of the Philippines.

In a 19-page motion for reconsideration dated June 30, the OSG, now headed by Solicitor General Darlene Berberabe, asked the CA to reverse and set aside its decision granting the writ of habeas corpus petition filed by Calubid’s family.

A writ of habeas corpus is a court order that commands an official holding someone in custody to bring that person before the court, to determine the legality of the detention.

The OSG argued that law enforcers conducted an “extensive investigation and intelligence gathering” to ascertain the identity and whereabouts of Calubid, who has been missing since 2006 after he was kidnapped in Camarines Sur with five others.

The OSG also noted that the profile photo in the Facebook account of Calubid has “significant similarities” with the wanted Prudencio Calubid, who is listed by police as a fugitive and has a P7.8-million bounty on his head.

Calubid failed to challenge the legality of his arrest in 2024, the OSG said.

The issue of mistaken identity was likewise resolved when he did not object after he was positively identified by two prosecution witnesses during the hearing.

The CA’s 16th Division on June 27 ordered Calubid’s release from detention for being a victim of mistaken identity after it was proven that he is not the same person who is wanted for robbery with double homicide, damage to property and multiple counts of murder.

Calubid was detained for six months at the Manila city jail before being ordered released by the appellate court.

In its ruling, the CA said police should have based their findings and investigation on official records, not by browsing internet sources and social media.

The appellate court said authorities failed to exert due diligence to check whether Calubid was really the subject of the warrant and “utterly failed to substantiate their suspicion” that the two men are the same person.