Mary Jane Veloso's parents ask SC to release her from PH detention

Spouses Cesar and Celia Veloso have asked the Supreme Court to release their daughter, Mary Jane Veloso, on the ground that her detention in the Philippines has no legal basis.

Veloso's parents made the call in their petition for the writ of habeas corpus (right against illegal detention) that they filed on behalf of their detained daughter.

Mary Jane, who was convicted of an Indonesian court of drug trafficking in 2010, was initially meted a death sentence. Her death sentence was commuted in 2015 amid a strong appeal from Philippine officials led by the late President Benigno Simeon "Noynoy" Aquino III.

In December 2024, Veloso was able to return to the Philippines after Philippine President Ferdinand "Bongbong" Marcos Jr. and Indonesian President Prabowo Subianto agreed that Veloso can serve her sentence in her home country as a show of Prabowo's goodwill.

Mary Jane has denied the drug charges against her, saying narcotics were sewn in the seams of a suitcase which was a gift by her recruiters in the Philippines.

"Mary Jane Veloso's confinement at the CIW is without lawful basis. Her detention is not pursuant to any judicial warrant, judgment, or lawful order of confinement issued by a Philippine court, nor authorized by any statute of the Republic," the Veloso couple's petition read, referring to the Correctional Institution for Women (CIW) in Mandaluyong City.

Named respondents in the Veloso couple's petition for writ of habeas corpus were Bureau of Corrections Director General Gregorio Catapang, Jr., Chief Superintendent Marjorie Ann Sanidad of the Correctional Institute for Women, and Department of Justice Acting Secretary Fredderick Vida.

"It (Mary Jane's detention) rests solely on an undisclosed executive or diplomatic arrangement lacking constitutional, legislative, or judicial sanction. As such, her restraint of liberty is ultra vires, void, and in direct violation of Article III, Section 1 of the 1987 Constitution," it added.

Article III, Section 1 of the Charter states that "No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws."

"Again, even assuming arguendo that the Philippines may have acted under Article 17 of the United Nations Convention Against Transnational Organized Crime, such authority has been superceded and limited by the Philippine Government's subsequent and more specific obligations under the Palermo Protocol and Republic Act 9208," the petition read.

The Veloso couple then noted that since Mary Jane is recognized as a victim of trafficking in persons, thus she "cannot lawfully be penalized, confined, or otherwise deprived of liberty for acts directly resulting from her [drug] trafficking."

"Wherefore premises considered, petitioners respectfully pray of this Honorable Court to issue a writ of habeas corpus directing respondents to appear and immediately produce the body of Mary Jane Veloso before this Honorable Court and to show cause for the legality of her detention," the petition said.

"Petitioners respectfully pray of this Honorable Court to order the immediate release [of Mary Jane] from custody under the privilege of the writ of habeas corpus, on the ground that her continued restraint is unlawful and without legal basis; and grant such other reliefs as are just and equitable under the premises," the petition added. — VDV, GMA Integrated News