Manila court denies Degamo slay suspect's habeas corpus petition

A Manila court denied the petition for a writ of habeas corpus filed by Joven Javier, one of the accused in the killing of Negros Oriental Governor Roel Degamo.

In a 5-page decision, the Manila Regional Trial Court Branch 16 found Javier’s detention lawful due to pending criminal cases for murder before the court.

The court further cited a commitment order from Branch 51 that committed Javier to the Manila City Jail.

“Accordingly, it appearing that the cause of the deprivation of liberty of the petitioner Joven Calibjo Javier is lawful, this Court is constrained to dismiss the instant petition and recommit the petitioner to the Manila City Jail,” the court said.

The DOJ said Javier was detained at the National Bureau of Investigation (NBI).

In filing the petition against Justice Secretary Jesus Crispin Remulla and NBI Director Medardo De Lemos, Javier argued that he was unlawfully detained without any formal charge or judicial warrant.

He was produced on May 30 before the court with Senior Deputy State Prosecutor Richard Fadullon and State Solicitor Erika Frances Buluran-Monzon.

Fadullon argued that Javier was not illegally detained due to the case for illegal possession of firearms and a case for three counts of murder against him.

The Court said the petition was submitted for decision as Javier’s camp had not filed his comment as of this date.

Meanwhile, Javier's counsels Attys. Rodel Morta and Florian Banabana said in a statement that they had yet to receive a copy of the court's decision.

However, they reiterated that the habeas corpus petition was filed on the grounds that Javier was arrested without warrant and not under any the three recognized circumstances by which arrests may be effected without warrant and also because Javier was not aware of any case filed against him.

"It was only lately that he learned that he was included as accused in the Degamo slay case," said the defense lawyers.

"Mr. Javier will certainly avail of whatever available remedies available to him from the adverse judgment, if still warranted, after due evaluation of the court's reasoning and disposition of Mr. Javier's petition," they added.

For their part, the Department of Justice welcomed the denial of the petition.

“The decision states in very simple terms that there was no basis to file the petition in the first place. The judiciary is now aware of the dilatory and diversionary tactics of lawyers that seek to further the conspiracy behind the Pamplona Massacre,” Justice Department spokesperson Atty. Mico Clavano said in a message to reporters.

On March 4, Degamo and eight others were killed while several others were injured after an attack on the late governor’s home in Negros Oriental. The death toll later climbed to 10. — DVM, GMA Integrated News