CA junks EDSA ‘hulidap’ cop’s bid for release

MANILA, Philippines - The Court of Appeals (CA) has junked the bid of a former Caloocan police official involved in the controversial EDSA “hulidap” incident in September last year to be released from restrictive custody of the Philippine National Police (PNP).

In a 10-page decision, the CA’s 10th Division dismissed for lack of merit the writ of habeas corpus petition filed by Senior Inspector Allan Emlano.

“In fine, restrictive custody is a nominal restraint beyond the ambit of habeas corpus. It is neither actual nor effective restraint that would call for the grant of the remedy called for. It is permissible precautionary measure to assure the PNP authorities that the police officers concerned are always accounted for,” read the ruling penned by Associate Justice Carmelita Salandanan Manahan.

The CA upheld Emlano’s continued detention at the PNP-Regional Holding and Accounting Unit (RPHAU) in Camp Bagong Diwa in Bicutan, Taguig.

Emlano was reportedly the one who commandeered and drove the white Toyota Fortuner of victims Samanodin Abdulgafur and Camal Mama, employees of a contractor based in Lanao del Sur, along EDSA on Sept. 1 last year.

Emlano and at least nine other police officers allegedly robbed the two of at least P2 million.

He vehemently denied the charge, claiming he does not even know how to drive.

Emlano was charged with grave misconduct for violation of Article 306 (brigandage) and Article 267 (kidnapping and serious illegal detention) under the Revised Penal Code in September last year.

In the same month, he was ordered dismissed from the police service for serious neglect of duty after going on absence without official leave from Nov. 26, 2012 to Jan. 18, 2013.

In seeking relief from the CA, Emlano argued that since he was already dismissed from service, the PNP’s restrictive custody over him is already without basis. 

His lawyer insisted that no warrant of arrest or commitment order has been issued by any court against him, allowing the PNP to place him under restrictive custody for his alleged involvement in the EDSA incident.

But the CA ruled that the Sept. 24, 2014 decision imposing the penalty of dismissal from the service against him is not yet final and executory as his motion for reconsideration is still pending before the National Police Commission.