CA grants habeas bid of suspects in TV news crew's kidnapping

MANILA, Philippines - The Court of Appeals has ordered the Philippine National Police to bring before it a mayor in southern Philippines and his son who were arrested for the kidnapping of a television news crew and a university professor last year. In a minute resolution, the CA’s Sixth Division directed Police Superintendent Cesar Magsino, the acting chief of the PNP Custodial Center, to produce Indanan, Sulu Mayor Alvarez Isnaji and son Haider before the court on January 27 at 10 a.m. The order was in response to the petition for a writ of habeas corpus filed by the Isnajis, who negotiated for the release of ABS-CBN broadcaster Maria Cecilia "Ces" Drilon, her cameramen Angelo Valderama and Jimmyfred Encarnacion, and Mindanao State University professor Octavio Dinampo. [Habeas corpus is a legal action, or writ, through which a person can seek relief from the unlawful detention of him or herself, or of another person.] Drilon and her companions were abducted while on a coverage in Sulu province last June 8, 2008. Dimampo was acting as their guide. In granting the Isnajis’ petition, the CA also summoned Magsino to appear during the hearing to show cause on why petitioners should be restrained. The Isnajis named Magsino and branch 4 of the Jolo regional trial court as respondents in their petition. The resolution was penned by Associate Justice Jose Sabio Jr. and concurred by Associate Justices Fernanda Lampas-Peralta and Apolinario Bruselas Jr. Last November, Justice Secretary Raul Gonzalez denied the petition for review filed by the Isnajis against the state prosecutors’ recommendation to charge them in court for kidnapping for ransom. Gonzalez said that the decision of the kidnappers to appoint Isnaji as sole negotiator, their possession of certain vital information to the exclusion of concerned agencies, their failure to tender the full amount of the ransom to the kidnappers, strongly indicated that they acted more than negotiators for the kidnapping. The Justice chief also noted that the Isnajis had full knowledge in the circumstances and had participated in the commission of the crime. The Isnaji camp claims that the case falls under Section 13 of the Speedy Trial Act, “if an accused is not brought to trial within the time limit required by Sec. 7 of this Act as extended by Sec. 9, the information shall be dismissed on motion of the accused.” Jose Aspiras, the counsel for the Isnajis, said they filed the petition before the Supreme Court but the high court referred it to the CA last December 8. In a statement, Aspiras said kidnapping with ransom charges were filed against the Isnajis at a regional trial court in Parang, Sulu last July 22, but to this day, they have not yet been arraigned. The SC had already transferred the venue of the case to the RTC of Taguig, but the case is yet to be raffled. - GMANews.TV