‘Ka Roger’ compatriot fails to get writ of habeas corpus

From the Manila Standard Today (Apr 29): ‘Ka Roger’ compatriot fails to get writ of habeas corpus

The Court of Appeals has dismissed the petition for writ of habeas corpus filed on behalf of Edward Dimalaluan Lanzanas, who was arrested along with the daughter of the late rebel spokesperson Gregorio “Ka Roger” Rosal on March 27, 2014 by agents of the Intelligence Service of the Armed Forces of the Philippines (ISAFP).

In a decision, the CA denied the petition filed by Lanzanas mother, Nimfa, seeking the immediate release of his son from the custody of the AFP.

Lanzanas also known as Rafael de Guzman was arrested last month together with Andrea Rosal, daughter of the late rebel spokesman Gregorio “Ka Roger” Rosal and Barangay Captain Ruben Gatchalian, in Barangay 169, Caloocan City under arrest warrants for kidnapping murder issued by the Regional Trial Court of Mauban, Quezon.

Rosal was eight months pregnant when she was arrested by elements by authorities.

Lanzanas has been detained at the Bureau of Jail Management and Penology (BJMO)-National Capital Region (NCR) Office, Special Intensive Care Area (SICA), Camp Bagong Diwa, Bicutan, Taguig City.

Lanzanas’ camp insisted that his arrest and detention were illegal since his name was not in the list of names included in the warrant of arrest.
But the CA ruled that the arrest warrant mandated the detention of the person alias “Ka Jomel” (a.k.a. Rafael Arellano de Guzon).

“Said detention order clearly made mention of the name Rafael de Guzman, which petitioner herself would have us believe to be one of the names Edward is known by. By virtue of the foregoing order of the Regional Trial Court of competent jurisdiction, the detention of Edward is undeniably impressed with legal character,” the appellate court said.

“Therefore, petitioner cannot resort to a petition for the issuance of a writ of habeas corpus to secure Edward’s release from restraint.”

De Guzman was charged along with Andrea in the kidnapping with murder case pending with the Quezon court.

Gatchalian was slapped with obstruction of justice for harboring Andrea and De Guzman.

http://manilastandardtoday.com/2014/04/29/-ka-roger-compatriot-fails-to-get-writ-of-habeas-corpus/