Army says release of 'rebel' illegal

MANILA, Philippines - The release from detention of Rolly Panesa, whom security officials claimed is a rebel leader, is irregular because the ruling on his case is not yet final, the Army said Monday.

Cpt. Alex Popanes of the Army’s Judge Advocate-General Service said they have filed a notice of appeal to the Court of Appeals, believing that the resolution ordering Panesa’s release is “contrary to law and evidence.”

“Furthermore, Mendoza’s release from detention is highly irregular considering that the case is not yet final and executory,” Popanes said in a text message.

He cited rule 102, section 15 of the Revised Rules of Court, which bars the release of a detainee pending any appeal on the case.

Panesa and three others were nabbed last October 6 by police and military forces in Aurora Boulevard in Quezon City.

The military claims that Panesa’s real name is Benjamin Mendoza and that he is a leader of communist rebels operating in Southern Tagalog. They claimed that Panesa was behind various violent incidents in the region.

Human rights activists, however, said Panesa is just a security guard and that he was arrested and detained illegally. They also accused the military of torturing the suspect.

The Court of Appeals has ordered Panesa’s release from jail, believing his arrest was a case of mistaken identity.

The camp of Panesa is reportedly considering filing torture and illegal detention charges against those who arrested him. The military has also expressed readiness to face the charges to be filed against its officials.

Popanes said the Bureau of Jail Management and Penology (BJMP) is now probing the release of Panesa, who introduced himself as a security guard.

“The BJMP is now investigating Jail Warden of BJMP-SICA) Special Intensive Care Area) Senior Insp. Edgar Camus for any possible administrative case on the preemptive release of Mendoza,” Popanes said.

”The Office of the Solicitor General is also considering filing an administrative case against jail warden Camus,” he added.