SC denies habeas corpus petition of 6 cops in Taysan school fire

The Supreme Court has denied the petition for habeas corpus of six policemen tagged in the burning of an elementary school in Taysan, Batangas during the canvassing of votes in the May 2007 polls.

In their Aug. 7, 2007 petition, SPO2 Geronimo Manalo, PO3 Leo Morcilla, PO3 Rico Landicho, PO2 Romeo Medalla Jr., SPO2 William Relos Jr., and Inspector Roberto Marinda said they were unlawfully detained and restrained of their liberty when they were placed under restrictive custody by their superiors.

They added their movements were monitored while under restrictive custody.

Putting a detainee under restrictive custody means that a detainee is not allowed to receive visitors, not even his counsel. There are also instances when the detainee’s place of detention is not revealed.

In filing the petition for habeas corpus, the accused police officers argued that though they may not be technically detained or imprisoned, their physical liberties were limited within the police headquarters.

The Supreme Court, in its resolution, said a restrictive custody and monitoring of movements or whereabouts of police officers under investigation by their superiors is not a form of illegal detention or restraint of liberty.

“Measured by the foregoing yardstick, the petition, on its face, fails to convince us that petitioners are actually and unlawfully detained and restrained of their liberty… To the mind of the Court, petitioners are not illegally and involuntarily deprived of their freedom of action,” the Court said.

Named respondents in the suit were then Philippine National Police (PNP) chief Oscar Calderon, then Southern Tagalog Director Geary Barias, Chief Superintendent Nicasio Radovan, Senior Superintendent Aaron Fidel, and Senior Superintendent Luisito de Leon. It was Barias who ordered the police officers to be placed under restrictive custody.

The policemen were placed under restrictive custody after they were accused of carrying out the arson of the Pinagbayanan Elementary School in Taysan, Batangas last May 15 that killed three persons, including a teacher on poll duty and injuring six others.

The Pinagbayanan Elementary School was used as a polling precinct during the canvassing of the May 2007 polls when armed men barged in and burned the ballots. The fire spread to the entire building.

The detained policemen, formerly assigned to the Regional Special Operations Group in Camp Vicente Lim in Calamba, Laguna were ordered to remain at the Regional Support Group headquarters inside the same compound while the investigation was ongoing.  – Mike Frialde