From the Philippine Daily Inquirer (Oct 19): Mistaken identity victims run to CA vs wrongful arrest
Relatives of two elderly persons arrested in Mexico town in Pampanga on Oct. 1 have gone to the Court of Appeals to seek their release after the police and military arrested them and accused them of being top communist leaders in a case that those arrested said was one of mistaken identity.
They had been charged with the killing of six soldiers in Bulacan in 2004.
Alipio Quioc and Mary Ann Ingal asked the CA to issue a writ of habeas corpus ordering Chief Supt. Raul Petrasanta, Central Luzon police director; Senior Supt. David Allauigan, regional intelligence chief; policeman Roman Punzalan; and the Bulacan provincial jail warden to produce and release their relatives, Lourdes Quioc and Reynaldo Ingal.
The petition, filed on Oct. 13, said Lourdes Quioc and Reynaldo Ingal were not Eugenia Magpantay and Agaton Topacio, contrary to the claims of the police and military.
Magpantay and Topacio are among 72 people, including Communist Party of the Philippines (CPP) founder Jose Maria Sison, who were charged with 14 counts of murder for the 2004 killing of six Army soldiers in an ambush in Bulacan.
The warrant for their arrest was issued by Judge Victoria Parnilles of the Regional Trial Court Branch 10 in the City of Malolos in 2004.
Petrasanta said police served the arrest warrant and did not claim a reward of P10 million for the arrest of Magpantay and Agaton.
Lawyers of the relatives of Quioc and Ingal took the case to the CA after a court in Pampanga lost jurisdiction following their transfer to Bulacan provincial jail.
Pampanga Board Member Teddy Tumang and Pampanga Rep. Oscar Rodriguez told Central Luzon police chief Petrasanta that Quioc and Ingal were “innocent civilians.”
Lawyers also submitted to the CA documents establishing the identities of Quioc and Ingal, both residents of Barangay Tinajero in Mexico.
http://newsinfo.inquirer.net/645565/mistaken-identity-victims-run-to-ca-vs-wrongful-arrest
However, there is an old thought which says that water connects and mountain divides. Whether this principle is part of the discussion of the parties and relevant to the issue, we cannot say yes or no.
Without doubt, however, the validity of this claim cannot be applied without measure. For mountain, there is no problem, because its size and length are very much measurable, but in the case of water, it can connect up to the United States, Europe, Japan, and Africa. And, therefore, this water connectivity cannot be applied indiscriminately.
In the proposed Bangsamoro territory, the only problematic area is Zamboanga City, because the Bangsamoro waters, which is 22.22 kilometers from the lower watermark in the shoreline, and the municipal waters of Zamboanga City, which is 15 kilometers, overlap each other, so that in effect they have a common boundary if water also connects or provides contiguity.
But here we are not saying that villages (barangays), which are Moro-dominated, can avail of the petition for inclusion in the proposed plebiscite to determine the territory of the Bangsamoro. What we are saying is that this is a gray area as far as the issue of contiguity is concerned, which must be confronted squarely to stave-off a possible problem that can even reach the court in the future.
The Mirriam-Webster Dictionary defines contiguous as: 1) things that touch each other or are immediately next to each other; 2) being in actual contact: touching along a boundary or at a point; 3) of angles: adjacent; 4) next or near in time or sequence; and 5) touching or connected throughout in an unbroken sequence.
We understand the concerns of the politicians of Zamboanga City, but these must not be at the extent of curtailing the right of the people or the governed to be heard, which is not only a constitutional right but also a universal one.
On the part of the MILF, we assure these politicians that we have never had or will ever have the slightest of intention to include any part of the city to the proposed Bangsamoro territory.
We suppose the right approach of these politicians is to talk to the Moros in Zamboanga City and urge them not to petition for inclusion. More importantly, they must immediately stop their policy of disuniting the Moros and the Christians, for political or whatever reasons. This policy will not fare well in this 21st century.
Seriously speaking, the issue of contiguity is really hard to settle, because it does not only touch geographical proximity, but also legal, emotional, historical, and moral underpinnings. Besides, both R.A. 6734 and R.A.9054 are silent on contiguity; otherwise, the territory of the Autonomous Region in Muslim Mindanao (ARMM), which is composed of two mainland Mindanao provinces (Maguindanao and Lanao Del Sur which have common land borders) and three island provinces cannot be constituted.
Indeed, this issue of contiguity is a real challenge to everyone who discerns and who is guided by fairness and consistency.
http://www.luwaran.com/index.php/editorial/item/1287-issue-of-contiguity

