SC to hear case on arrest, detention of Salas
Published Mar 5, 2020 12:00 am
By Rey Panaligan
The Supreme Court (SC) has decided to hear on March 12 the issues involved in the arrest and detention of former Communist Party of the Philippines (CPP) leader Rodolfo C. Salas.
Supreme Court (MANILA BULLETIN)
Known as “Kumander Bilog” as leader of CPP, Salas was arrested last February 18 in Angeles City in Pampanga by the Philippine National Police (PNP) on alleged 29 counts of murder in the 1980s reportedly committed by the New People’s Army (NPA), CPP’s armed wing.
He is now detained at the Manila City jail on orders issued by Manila City regional trial court (RTC) Judge Thelma Bunyi Medina.
The official copy of the resolution containing the writ of habeas corpus petitioned by Salas’ son, Jody, was released on Thursday afternoon, March 5, by the SC’s public information office.
Ordered to answer the petition and present to the SC the elder Salas in person on March 12 was Maj. Lloyd Gonzaga, chief of the Manila City Jail Annex. He was given five days from receipt of the SC resolution to file his answer.
The resolution issued by the SC’s third division stated:
“NOW, THEREFORE, you, respondent, JCINSP. LLOYD GONZAGA, is hereby required to make a VERIFIED RETURN (answer) of the writ, together with supporting affidavits, before the Third Division of this Court, within a non-extendible period of five days from notice hereof, and APPEAR and PRODUCE the person of RODOLFO C. SALAS before the Third Division of this Court on March 12, 2020 at 9:30 a.m.
“Let a copy of this Writ and the Oral Advisory also be served on the Office of the Solicitor General. Copies of this Writ shall be served personally on the parties and their comments immediately.”
The younger Salas’ petition was filed through the Free Legal Assistance Group (FLAG), a legal advocacy organization.
A writ of habeas corpus is a court order “directing a person detaining another, to produce the body of the latter at a designated time and place.”
The writ covers all cases of illegal or arbitrary detention.
In the petition, the SC was told that the elder Salas is being detained “in violation of his right to due process as a protection against hasty, malicious, and oppressive prosecutions, and his right against being put twice in jeopardy of punishment for the same offense."
Only the writ of habeas corpus issued by the SC can remedy the continuing violations of the elder Salas’ constitutional rights, it said.
It said that the elder Salas’ right to due process was violated when he was not given the opportunity to rebut the charges filed against him before the prosecutors’ office.
"At no point in the proceeding did Rodolfo receive any subpoena from the public prosecutor requiring him to answer. The first time he found out about it was in the news wherein he heard that there was a case filed against him in Leyte," the petition also stated.
The elder Salas was convicted of rebellion in 1991 and had served his sentence, the petition said.
It pointed out that by prosecuting him again, his right against double jeopardy (being charged of the same offense twice) has been violated.
"By placing Rodolfo Salas in second jeopardy for murder when the State has actively negotiated for and entered into a plea-bargaining agreement that was used as the basis to secure Rodolfo’s conviction for rebellion in 1991 – a crime which absorbs and includes murder – the State has not only violated Rodolfo’s right against double jeopardy but also to due process of law," it stressed.
Supreme Court (MANILA BULLETIN)
Known as “Kumander Bilog” as leader of CPP, Salas was arrested last February 18 in Angeles City in Pampanga by the Philippine National Police (PNP) on alleged 29 counts of murder in the 1980s reportedly committed by the New People’s Army (NPA), CPP’s armed wing.
He is now detained at the Manila City jail on orders issued by Manila City regional trial court (RTC) Judge Thelma Bunyi Medina.
The official copy of the resolution containing the writ of habeas corpus petitioned by Salas’ son, Jody, was released on Thursday afternoon, March 5, by the SC’s public information office.
Ordered to answer the petition and present to the SC the elder Salas in person on March 12 was Maj. Lloyd Gonzaga, chief of the Manila City Jail Annex. He was given five days from receipt of the SC resolution to file his answer.
The resolution issued by the SC’s third division stated:
“NOW, THEREFORE, you, respondent, JCINSP. LLOYD GONZAGA, is hereby required to make a VERIFIED RETURN (answer) of the writ, together with supporting affidavits, before the Third Division of this Court, within a non-extendible period of five days from notice hereof, and APPEAR and PRODUCE the person of RODOLFO C. SALAS before the Third Division of this Court on March 12, 2020 at 9:30 a.m.
“Let a copy of this Writ and the Oral Advisory also be served on the Office of the Solicitor General. Copies of this Writ shall be served personally on the parties and their comments immediately.”
The younger Salas’ petition was filed through the Free Legal Assistance Group (FLAG), a legal advocacy organization.
A writ of habeas corpus is a court order “directing a person detaining another, to produce the body of the latter at a designated time and place.”
The writ covers all cases of illegal or arbitrary detention.
In the petition, the SC was told that the elder Salas is being detained “in violation of his right to due process as a protection against hasty, malicious, and oppressive prosecutions, and his right against being put twice in jeopardy of punishment for the same offense."
Only the writ of habeas corpus issued by the SC can remedy the continuing violations of the elder Salas’ constitutional rights, it said.
It said that the elder Salas’ right to due process was violated when he was not given the opportunity to rebut the charges filed against him before the prosecutors’ office.
"At no point in the proceeding did Rodolfo receive any subpoena from the public prosecutor requiring him to answer. The first time he found out about it was in the news wherein he heard that there was a case filed against him in Leyte," the petition also stated.
The elder Salas was convicted of rebellion in 1991 and had served his sentence, the petition said.
It pointed out that by prosecuting him again, his right against double jeopardy (being charged of the same offense twice) has been violated.
"By placing Rodolfo Salas in second jeopardy for murder when the State has actively negotiated for and entered into a plea-bargaining agreement that was used as the basis to secure Rodolfo’s conviction for rebellion in 1991 – a crime which absorbs and includes murder – the State has not only violated Rodolfo’s right against double jeopardy but also to due process of law," it stressed.