CA junks BuCor execs’ appeal for habeas corpus

MANILA, Philippines – Almost a month after three officials of the Bureau of Corrections (BuCor) were released from Senate detention, the Court of Appeals (CA) dismissed as moot their petition for habeas corpus.

In its three-page resolution, the CA on Tuesday ruled the petition for habeas corpus filed by BuCor medical officer Ursicio Cenas, lawyer Fredric Anthony Santos and documents processing chief Ramoncito Roque was “dismissed and considered terminated.”

The resolution was issued by the CA’s Sixth Division chaired by Associate Justice Ramon Bato Jr. and its two members, Associate Justices Eduardo Peralta Jr. and Ruben Reynaldo Roxas.

The CA dismissed the petition after they were informed by Maj. Gen. Rene Samonte Jr. of the Senate Office of the Sergeant-at-Arms that the petitioners have already been released by virtue of an order issued by Sen. Richard Gordon, chairman of the Senate committee on justice and human rights.

“In their comment dated Oct. 3, 2019, signed by Senate legal counsel Maria Valentina Santana-Cruz, the respondents pointed out that the instant petition for habeas corpus had been rendered ‘moot and academic with the release of petitioners voluntarily by respondents on Sept. 19, 2019, or even before the honorable court’s issuance of its Preliminary Citation on Sept. 20, 2019.’

Accordingly, they prayed for the dismissal of the instant petition for being moot and academic,” the CA said.

The three BuCor officials were detained for eight days, from Sept. 12 until Sept. 19.

With the approval of Senate President Vicente Sotto III, Gordon, who chairs the Senate’s Blue Ribbon committee, ordered that the three BuCor officials be arrested and detained for reportedly being evasive when asked about the anomalies inside the New Bilibid Prison, particularly on the sale of good conduct time allowance.

It was on Sept. 18 when the three BuCor officials filed a petition before the CA and asked the court to issue a writ of habeas corpus to produce the body of the petitioners before the CA and summon the respondents to appear and to show cause why the writ of habeas corpus should not be issued, to provisionally release them while instant case is pending and to declare their arrest and detention as unlawful and order their permanent release from detention.