THE Court of Appeals (CA) was asked to reconsider its ruling in dismissing a civil petition against the officers of a Talisay City Police Office relative to the shootout that killed two people last October 5.
Assisted by their lawyer, Rameses Villagonzalo, Adhmann Canangca-an and his wife Priscilla filed a motion asking the appeals court to reconsider its decision dismissing a petition for a writ of amparo against Talisay City Police Acting Chief Superintendent Aileen Recla and about 12 to 15 other policemen.
“What happened to the petitioners and their family was extraordinary, which needs extraordinary help from the Court of Appeals,” read the couple’s pleading.
The writ aims to provide the families of extralegal killings “the protection they need and the promise of vindication for their rights.”
Return
While the CA dismissed the couple’s petition, the appellate court directed PO1 Samuel Alvarez, one of the respondents, to make a return of the writ to the CA within 72 hours.
A “return” is a written report to the court indicating that the order has been served.
It was on October 14 when the couple lodged the petition before the CA.
They want to prevent the Talisay policemen from committing “unlawful acts” against them.
The couple wanted the CA, among others, to give them a temporary protection order under the National Bureau of Investigation Central Visayas.
Canangca-an stepped out of a detention cell on October 11 after posting P120,000 as bail in his direct assault and attempted murder cases.
Canangca-an had surrendered to the Talisay City police because he wanted to clear his name.
His cousin, Maghaway Councilman Felix Abacajan Jr., escaped from the police after an alleged shootout last October 5. Canangca-an was identified as Abacajanâs getaway driver.
No part
Canangca-an said he had no part in that shootout, which killed the councilmanâs brother Joeser Abacajan and Julian Bonghanoy Jr.
During the hearing last October 20, Associate Justice Marilyn Lagura-Yap said the petitioners need to show proof that there is a continuing threat on their lives that would warrant the issuance of a protection order.
Failure
CA-Cebu Executive Justice Gabriel Ingles, for his part, said the couple failed to state that a criminal case for direct assault and attempted murder against them is pending before the Regional Trial Court Branch 66 in Talisay City.
Ingles said the filing of a petition for writ of amparo, when there is a pending case in other courts, is prohibited so as to avoid the issuance of conflicting rulings.
In their pleading, the couple reiterated that they fear for their lives. In fact, Adhmann is no longer staying in their house in Talisay City since on suspicion that there are people who are monitoring his and that of his family’s movement.
