THE Presiding Judge of Regional Trial Court Branch 14 is set to release a resolution on the petition of the writ for habeas corpus case filed against the Davao City Police Office by the wife of one of the alleged Roxas night market bombers arrested in Cotabato City.
Judge Jill Jaugan-Lo, in special proceedings on Wednesday, November 9, heard the petition of the wife of Mohammad Lalaog Chenikandiyil, Allysanor Chenikandiyil, against City Director Senior Superintendent Michael Dubria, and Superintendent Edilberto Leonardo, the Davao Region Criminal Investigation and Detection Group (CIDG) chief.
Based on a copy of the petition obtained by VoxPop Davao, the petitioner said that her husband was arrested without a warrant last October 29 by joint elements of authorities inside their home in Cotabato City having in possession of an unlicensed firearm and explosives.
Chenikandiyil’s husband and three others were brought to Davao city where they are detained until today.
Chenikandiyil said since the arrest in Cotabato City and detention at the Davao City Police Office on October 29, there were no charges filed against her husband and his companions, and that their detention has exceeded the maximum period of 36 hours as allowed by the Revised Penal Code.
While there is information relayed to the petitioner that a criminal case has been filed in Cotabato, such was never confirmed nor was the complainant notified.
“Assuming that a criminal case has already been filed, the same does not justify the continued detention of Mohamad Chenikandiyil and his companions considering that no inquest proceeding was taken against them,” the petition read.
It also stated that the petitioner was also informed that based on the information gathered, the City Prosecutor’sOffice has yet to come up with a resolution on the complaint for multiple murder and multiple frustrated murder against the three suspects earlier arrested in the first week of October 2016.
It also cited that the continuous detention of Chenikandiyil for more than eight days is a violation of his constitutional right.
These points were raised by lawyer Wilmer Donasco during the hearing.
As for the reply of the CIDG, present during the hearing also asked for the judge to summon in court the authorities from the CIDG-Armm to explain about the matter, because it was stated that they are the ones who sought assistance to the local authorities to place under their custody the arrested suspects.
Chenikandiyil was arrested with Jackson Mangulamas Usi, Zack Villanueva Lopez and Ansan Abdulla Mamasapano who were allegedly also members of the Maute Group, a group allegedly composed of Islamist militants linked to terrorist organizations.