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Friday, August 25, 2006
Tan case dismissal preludes to dismissal of kidnapping and robbery cases?
By Jay Dooma Balnig
OBSERVERS are now asking if the recent dismissal of Conchita Tan's petition for Issuance of Writ of Habeas Corpus against the Criminal Investigation and Detection Group (CIDG) in Western Visayas could also mean the dismissal of the pending kidnapping and robbery cases before the Office of the Ombudsman.
On Wednesday, Judge Adriano Savillo of the Regional Trial Court Branch 30 junked the petition for Habeas Corpus and Custody of Minors filed by Tan against Supt. Renato Gumban of CIDG and Mike Zayco of Kabangkalan, Negros Occidental.
The petition stemmed after the January 8 incident inside the Tan mansion in Molo, which was the brutal massacre of house owner, Francisco "Bobby", his wife Cindy Zayco-Tan and daughter Kathy.
Conchita Tan alleged that Mike Zayco with the aid of Gumban and his men forcibly took the five minor children of Bobby and Cindy from the said mansion in January 19.
Conchita wanted Bobby's children to stay in their mansion while the Zayco clan wanted to bring them to their place.
She sought court intervention after the Zayco clan successfully brought with them the five children at around 2:00p.m. of January 19.
Criminal and administrative charges for kidnapping and robbery had been filed against the CIDG and now remained pending in the Office of the Ombudsman-Military Affair.
During the hearing of said petition, one of Bobby Tan's five children testify in court that they wanted to live in Kabangkalan-Zayco's custody and not in Molo mansion-Conchita's place.
The court reportedly appointed a female psychiatrist to check the emotional stability of the child during court appearances if the Zaycos influenced the testimonies.
Based on the findings, the children found to be answering questions according to her free will without force or intimidation in stating that they wanted to stay in Negros.
Thus Savillo in his two-page order dismissed Conchita's petition.
Members of the PNP are also speculating that the case of kidnapping and other criminal cases related in the said January 19 incident might be dismissed.
(August 25, 2006 issue)
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