A Manila courtroom denied the petition for a writ of habeas corpus filed by Joven Javier, one of many accused within the killing of Negros Oriental Governor Roel Degamo.
In a 5-page determination, the Manila Regional Trial Court Branch 16 discovered Javier’s detention lawful as a result of pending felony instances for homicide earlier than the courtroom.
The courtroom additional cited a dedication order from Branch 51 that dedicated Javier to the Manila City Jail.
“Accordingly, it appearing that the cause of the deprivation of liberty of the petitioner Joven Calibjo Javier is lawful, this Court is constrained to dismiss the instant petition and recommit the petitioner to the Manila City Jail,” the courtroom mentioned.
The DOJ mentioned Javier was detained on the National Bureau of Investigation (NBI).
In submitting the petition in opposition to Justice Secretary Jesus Crispin Remulla and NBI Director Medardo De Lemos, Javier argued that he was unlawfully detained with none formal cost or judicial warrant.
He was produced on May 30 earlier than the courtroom with Senior Deputy State Prosecutor Richard Fadullon and State Solicitor Erika Frances Buluran-Monzon.
Fadullon argued that Javier was not illegally detained as a result of case for unlawful possession of firearms and a case for 3 counts of homicide in opposition to him.
The Court mentioned the petition was submitted for determination as Javier’s camp had not filed his remark as of this date.
Meanwhile, Javier’s counsels Attys. Rodel Morta and Florian Banabana mentioned in a press release that that they had but to obtain a replica of the courtroom’s determination.
However, they reiterated that the habeas corpus petition was filed on the grounds that Javier was arrested with out warrant and never underneath any the three acknowledged circumstances by which arrests could also be effected with out warrant and likewise as a result of Javier was not conscious of any case filed in opposition to him.
“It was only lately that he learned that he was included as accused in the Degamo slay case,” mentioned the protection legal professionals.
“Mr. Javier will certainly avail of whatever available remedies available to him from the adverse judgment, if still warranted, after due evaluation of the court’s reasoning and disposition of Mr. Javier’s petition,” they added.
For their half, the Department of Justice welcomed the denial of the petition.
“The decision states in very simple terms that there was no basis to file the petition in the first place. The judiciary is now aware of the dilatory and diversionary tactics of lawyers that seek to further the conspiracy behind the Pamplona Massacre,” Justice Department spokesperson Atty. Mico Clavano mentioned in a message to reporters.
On March 4, Degamo and eight others have been killed whereas a number of others have been injured after an assault on the late governor’s house in Negros Oriental. The dying toll later climbed to 10. — DVM, GMA Integrated News
Source: www.gmanetwork.com
