BACOLOD CITY – A Bacolod City Regional Trial Court has dismissed the petition for Writ of Habeas Corpus filed by local transport groups here against two police officers of the Bacolod City Police Office after they were arrested during a transport strike in this city recently.
The respondents were Police Lt. Col. Joery Puerto, head of the City Investigation and Detection Management Unit, and Police Major Eugene Tolentino, head of Police Station 2.
BACOLOD City Police Office
Legal counsels Rey Gorgonio and Lydio Apawan Jr. filed the petition in behalf of their clients – Rudy Catedral of Bacolod Alliance for Commuters Operators and Drivers (Bacod)-Negros; Lilian Sembrano of Kabakod Negros Transport Coalition Inc.; Rodolfo Gardose, chairman; Eric Bindoy, secretary general of United Negros Drivers and Operators Center Piston; Shalimar Saleut, a member of Bacod Manibela, and Melchor Umangayon, a member of Knetco.
The petition was filed after the petitioners were arrested during a rally against the Public Utility Vehicle Modernization Program in front of a hotel on Wednesday, September 18.
Police advised the protesters to disperse as they were disrupting traffic in a major road but they insisted and continued with their rally, prompting authorities to form a blocking force and used a water cannon.
The situation worsened when some protesters allegedly threw stones that injured two policemen.
Puerto said that the complainants wanted to make it appear that their arrest was illegal.
“The court dismissed the petition because we have basis and the arrest of the six of them was legal,” he added.
The Writ of Habeas Corpus allows a detained person to challenge the legality of their detention.
In a decision, Presiding Judge Ferdinand Elbert Jomilla of the Bacolod RTC Branch 79 noted that the counsels did not show up during the hearing of the petition.
The decision also stated that there is no proof that the respondents has been furnished a copy of the petition and no proof the six individuals were still in detention at the time of the hearing.
“Wherefore, the Court denies the relief prayed for by the petitioner, and this petition is hereby ordered dismissed,” Jomilla said.
Police charged Catedral, Sembrano, Gardose, Bindoy, and Saleut on Wednesday with disobedience to a person in authority but were later released after posting a bail of P3,000 each.
However, Umangayon was separately charged with direct assault after he was identified in the stoning incident. He failed to post a bail of P36,000.
The four transport leaders were also charged with violation of Batas Pambansa (BP) Bilang 880 or The Public Assembly Act of 1985. The charge was subjected to a preliminary investigation.
The BCPO reiterated its strict enforcement of the No Permit, No Rally policy under BP 880.
Police noted that under the law, any group or individual wishing to organize a rally or public assembly in areas that are not designated as freedom parks must first secure a permit from the local government.
The Bacolod Public Plaza is the designated freedom park here where rallies and public assemblies may be conducted without the need for a permit.
Police Col. Joeresty Coronica, BCPO director, said that they respect the right to freedom of speech and peaceful assembly but the public were encouraged to exercise their rights responsibly and in accordance with the law.