JUDGE Douglas Marigomen of the Regional Trial Court Branch 5 set for resolution the petition filed by the kin of the suspects in the ambush of former Compostela mayor Joselito Reynes.
Lucia Viloria filed the petition for a writ of habeas corpus and alleged the arrest and detention of her husband Dominador Viloria Sr. and son Dominador Jr. were unlawful.
Marigomen tackled yesterday the petitions for writ of habeas corpus and amparo filed by Lucia.
A writ of habeas corpus is an order directing a party to produce the body of someone who is illegally detained.
The two were arrested by the Regional Special Operations Group in Central Visayas (RSOG) 7 last Aug. 6 on suspicion they served as lookouts in the crime.
However, lawyer Rex Fernandez, counsel for Lucia, said the petition for writ for amparo will be decided on once the criminal complaint against the suspects will be filed in court.
The petition for the writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened by an unlawful act by a public official or employee or by a private individual or entity.
Insp. Romeo Santander, chief of RSOG 7, took the witness stand and told the court the arrest of the Vilorias was legal.
Santander said he, five of his men and a witness went to Barangay Mulao in Compostela to conduct a surveillance last Aug. 6.
While inside a private vehicle, Santander said the Vilorias who were on a motorcycle passed by their vehicle.
A witness confirmed to police officers that one of the motorcycle riders was with suspect Wilson Pasaol the night before Reynes was shot dead.
Santander said he ordered two police officers to flag down the motorcycle-riding men for verification of their identities.
However, the motorcycle riders reportedly ran towards their house, leaving their motorcycle behind.
The police officers chased them.
Santander said his men knocked on the door of the suspects’ house but they refused to open it.
This prompted the police officers to “forcibly” open the door of the house and arrest the suspects, said Santander.
No warrant
They reportedly seized from Dominador Sr. a .357 revolver. A .45 pistol was recovered from Dominador Jr.
Santander said they did not apply for a search warrant when the witness informed them Dominador Sr. was with the alleged gunman before Reynes was shot dead.
Last Monday, police filed complaints for illegal possession of firearms against the Vilorias before the Provincial Prosecutor’s Office.
But Fernandez said they will file charges for unlawful detention against the police officials responsible for the arrest of the two.
Fernandez said he plans to file criminal charges against Santander before the Department of Justice and not before the Office of the Ombudsman-Visayas.
He will also file administrative charges against Santander and his men before the National Police Commission.
Lucia claimed Santander and his men barged into their house and forced her husband and son to go with them.
She also alleged the police damaged their residence’s door and ransacked their belongings. (GMD/JKV)