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CA denies amparo writ on JI suspect 12/13/2010

Monday, December 13, 2010

CA denies amparo writ on JI suspect

12/13/2010
The Court of Appeals (CA) has dismissed a petition for a writ of amparo filed by the wife of a suspected financier of terrorist group Jemaah Islamiyah in Mindanao.

The writ of amparo, Spanish for protection, bars military officers in judicial proceedings to issue denials regarding petitions on disappearances or extrajudicial executions which were legally permitted in habeas corpus proceedings.

The CA 10th Division ruling, penned by Associate Justice Michael Elbinias, effectively prevented Eduard Gerra, alias Abraham Lonto from being released from the custody of the Intelligence Service Group of the Philippine Army (ISG-PA).

“The reason why the pendency of a criminal action bars the filing of a petition for amparo is, as the Supreme Court (SC) explains in its annotation to the writ of amparo, to avoid the difficulties that may be encountered when the amparo action is allowed to proceed separately from the criminal action, wherein two courts trying essentially the same subject may issue conflicting orders,” the CA said in its ruling..... MORE

SourceThe Daily Tribune

URL: http://www.tribuneonline.org/headlines/20101213hed2.html

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