Republic of the PhilippinesREGIONAL TRIAL COURT

FOURTH JUDICIAL REGIONBranch __

Binangonan, Rizal

PETITION

PETITIONER, through counsel, and unto this Honorable Court, most respectfully avers:

1. That he is Twenty-Four years old, single and a resident of 57 F. Villaluz Street, Brgy. Kalayaan, Angono, Rizal.

2. Than on March 03, 2016, Thursday, at around 10:30 in the evening Petitioner was at a friend’s house on Graceville Subdivision, Brgy. Pagasa, Binangonan, Rizal.

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IN THE MATTER OF THE PETITIONFOR HABEAS CORPUS OFDEAN EVIAN P. ESERa.k.a “DIN DIN”

Petitioner.

- versus -

DENNIS DELEON MACALINTALPolice Superintendent, Angono Municipal Police Station, Brgy. San Isidro, Angono, Rizal

and

PO2 JEFFRAY B. MEJALAPO1 ROMMEL A. BILOGMR. PIAMONTEMR. BOGIEAll being Police Officers of AngonoMunicipal Police Station

Respondents.

x------------------------------------------------x

SP. PROC. NO. ____________ For: HABEAS CORPUS

3. That he and one of his friends “Micheal” who is a resident of Brgy. San Roque, Angono, Rizal decided to buy milk and liquor at the Diversion highway near a restaurant known as “Balaw Balaw” located at Brgy. San Roque, Angono Rizal.

4. That on their way back to Graceville Subdivision, they decided to drop by a near store within the subdivision to buy soft drinks and eat snacks.

5. That at around 11:30 PM of the same day, while taking their snacks, four male persons riding in a motorcycle who are all in civilian clothes with weapons suddenly dropped by and arrested his companion Michael.

6. That after arresting Micheal, one of the arresting persons told their companion “Mali Sir, hindi yan, eto si Din-Din” pointing and referring to the Petitioner.

7. As such, Petitioner was then restrained and arrested and was forced to come with the four (4) male persons in the latter’s motor vehicle.

8. The four (4) male persons who did not identify themselves with the Petitioner told the latter that “Sumama ka na lang ng maayos.”

9. That Petitioner was never served with any warrant of arrest neither was he appraised of his constitutional rights during his arrest.

10.That Petitioner was directly brought to the Angono Municipal Police Station at Brgy. San Isidro, Angono, Rizal at exactly at around 12:00 AM, Friday, March 04, 2016, and was processed and identified.

11.That the four male arresting persons who are in civilian clothes were later on identified by the Petitioner as “Mr. Bogie”, “Mr. Piamonte”, “Mr. Mejala” and “Mr. Bilog”, are all Police Officers of the Angono Municipal Police Station.

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12.That on Friday afternoon, March 04, 201, at around 4:00 in the afternoon, Petitioner was subjected to a Drug Testing at Provincial Police Office at Hilltop, Brgy. Dolores, Taytay, Rizal.

13.That On Saturday Afternoon, March 05, 2016, at around 4:00 PM Petitioner was brought to Prosecutor’s Office for inquest proceedings. That as of this filing, the Petitioner is being restrained of his liberty on account of his unlawful arrest and no information has been filed before the Courts charging him of any criminal offense.

GROUNDS IN SUPPORT OF THE PETITION

ITHE PETITIONER’S ARREST AS WELL AS HIS CONTINUOUS DETENTION IS ILLEGAL

II.NO SHABU WAS CONFISCATED FROM THE PETITIONER AND THAT THE AFFIDAVIT OF ARREST EXECUTED BY THE ARRESTING OFFICERS ARE FABRICATED AND MERE LIES SINCE THE ACCUSED WAS ARRESTED ON THE EVENING OF MARCH 03, 2016 (WHILE TAKING THEIR SNACKS) NOT ON THE AFTERNOON OF MARCH 04, 2016 (ALLEGEDLY WHILE PLAYING KARA Y KRUS)

ARGUMENTS

I. PETITIONER’S ARREST IS PATENTLY ILLEGAL AND VIOLATIVE OF HIS CONSTITUTIONAL RIGHTS.”

14.Section 2 of Article III of the 1987 Constitution explicitly provides:

“Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for

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any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.”

15.The sacred right against an arrest, search or seizure without valid warrant is not only ancient. It is also zealously safeguarded. The Constitution guarantees the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures. Any evidence obtained in violation of said right shall be inadmissible for any purpose in any proceeding. Indeed, while the power to search and seize may at times be necessary to the public welfare, still it must be exercised and the law implemented without contravening the constitutional rights of the citizens, for the enforcement of no statute is of sufficient importance to justify indifference to the basic principles of government. (Valdez v. People, G.R. No. 170180, 23 November 2007, 538 SCRA 611.)

16.In the present case, Petitioner, at the time of his arrest together with his friend Micheal was merely taking their snacks in the middle of the night. There was no scant amount of reason to believe that they are committing a crime to justify his arrest.

17.Section 5, Rule 113 of the Revised Rules of Criminal Procedure provides for valid instances where warrantless arrest may be conducted, to wit:

“Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a person:

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(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

(b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. “

18.In the present case, Petitioner and his companion was not committing any crime neither was there any probable cause to believe that a crime has just been committed.

19.Probable cause for a valid warrantless arrest is the existence of facts that would lead a discreet and prudent man to believe that a crime was likely committed by the person sought to be arrested. Thus, in the instant case, no facts nor any ground for suspicion to believe that the Petitioner was committing any crime was present during the arrest;

20.Therefore, the Police Officers should have applied a warrant of arrest as mandated by the law.

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II. “NO SHABU WAS CONFISCATED FROM THE PETITIONER AND THAT THE AFFIDAVIT OF ARREST EXECUTED BY THE ARRESTING OFFICERS ARE FABRICATED AND MERE LIES SINCE THE ACCUSED WAS ARRESTED ON THE EVENING OF MARCH 03, 2016 (WHILE TAKING THEIR SNACKS) NOT ON THE AFTERNOON OF MARCH 04, 2016 (ALLEGEDLY WHILE PLAYING KARA Y KRUS).”

21.That this Petition was not only to question the validity of the Petitioners arrest and detention, but more importantly, to show that the affidavit submitted by the Police Officers in order to support such arrest, is on its face, fabricated and mere lies.

22.That the affidavit of arrest submitted by the arresting Officers stated that the Petitioner was arrested while playing “kara y krus” on March 4, 2016 Friday at around 2:45 in the afternoon and on account of such arrest, they allegedly recovered a sachet containing shabu. Copy of the sinumpaang salaysay from the arresting officers is herein attached as Annex “A”.

23.That Such allegation is fabricated. The truth of the matter is that the Petitioner was already arrested as early as March 03, 2016 at around 11:30 in the evening. Therefore, it was impossible that the Petitioner was playing “kara y krus” in the afternoon of March 04, 2016. Such fabricated report is nothing more but to justify the illegality of arrest and detention of the Petitioner.

24.Further, it is impossible for the Police Officers to confiscate from the Petitioner a sachet of shabu on March 04, 2016 considering that on March 03, 2016 he was already unlawfully arrested and detained at the Angono Municipal Police Station;

25.That while a petition for habeas corpus does not ordinarily lie to question the validity of arrest and detention, we respectfully

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indulge this Honorable Court to look into the surrounding factual circumstances of this case: that there was an (a) invalid arrest, (b) non-existence of shabu confiscated from the petitioner and the (c) fabricating reports the Police Officers may use to justify the possible filing of a criminal case prolonging and in effect legalizing the Petitioner’s detention;

26.We respectfully submit that the writ of habeas corpus was devised and exists as a speedy and effectual remedy to relive persons from unlawful restraint, and as the best and only sufficient defense of personal freedom. (Villavicencio vs, Lukban, 39 Phil., 778,788.) It secures to a prisoner the right to have the cause of his detention examined and determined by a court of justice, and to have ascertained if he is held under lawful authority. (Quintos vs. Director of Prisons, 55 Phil., 304, 306.)

27.Thus, Petitioner cannot and will not stand this unlawful restraint of his liberty by letting this fabricated reports of the Police Officers and the unlawful warrantless arrest justify his detention and restraint of liberty as guaranteed by no less than the 1987 Constitution;

28. That for expedient resolution of the issues raised herein, early resolution of the instant petition has become glaringly exigent;

29. That this petition is intended for the purposes alluded thereto.

PRAYER

WHEREFORE, foregoing premises considered, it is most respectfully prayed that a (1) Writ of Habeas Corpus be issued by this Honorable Court directing the Respondent DENNIS DELEON MACALINTAL in his Capacity as the Police Superintendent of Angono Municipal Police Station to produce the body of Petitioner DEAN EVIAN P. ESER before this Court and forthwith explain the legality of his continued detention and declare such as invalid and unconstitutional.

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Other just and equitable reliefs are likewise prayed under the premises.

Quezon City, Philippines this 7th day of March 2016

Respectfully submitted.

ATTY. JAIRUS B. RUBIO Counsel for the Petitioner

Roll No. 64701; April 28, 2015PTR No. 2182274; January 06, 2016; Quezon City

  IBP No. 1022990; Quezon City                                  MCLE Compliance in process

Lot 4 Block 4 Crestwood Subdivision, Barangay San Luis, Antipolo City, Rizal

VERIFICATION AND CERTIFICATIONOF NON-FORUM SHOPPING

 I, JAIRUS B. RUBIO, of legal age, Filipino and with residence address at Lot 4 Blk 4, Crestwood Subd., Brgy. San Luis, Antipolo City, Rizal after having been duly sworn in accordance with law, hereby depose and state: 1. That I am the Counsel for the Petitioner who is authorized to represent the Petitioner in the instant case; 2. That I have caused the preparation of the foregoing Petition for the issuance of a Writ of Habeas Corpus; 3. That I have read and understood all the allegations therein and the same are true and correct to my personal knowledge and/or based on authentic records; 4. That I have not commenced any similar case or action before the Supreme Court, Court of Appeals, all other lower courts, or administrative tribunals and that there is no similar case or action pending in the Supreme Court, Court of Appeals, all other lower courts, or administrative tribunals; and that should I learn thereafter that a similar case or action is pending in the said courts or bodies, I hereby bound myself to notify this Honorable Court within five (5) days from notice therefrom.

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 IN WITNESS WHEREOF, I have hereunto affixed my signature this 7th day of March 2016 at Quezon City. 

 JAIRUS B. RUBIO

                                                           Affiant SUBSCRIBED AND SWORN to before me this 7th day of March 2016 at Quezon City, affiant exhibited to me his driver’s license with license no. N0-12-011973 issued on January 20, 2015 at East Avenue, Quezon City. 

NOTARY PUBLIC 

Doc. No. ______;Page No. ______;Book No.______;Series of 2016.Copy furnished: DENNIS DELEON MACALINTALPolice Superintendent, Angono Municipal Police Station, Brgy. San Isidro, Angono, Rizal

PO2 JEFFRAY B. MEJALAPO1 ROMMEL A. BILOGMR. PIAMONTEMR. BOGIEPolice Officers of AngonoMunicipal Police StationBrgy. San Isidro, Angono, Rizal

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