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CA denies habeas writ to Air Force ‘whistleblower’ By Benjamin Pulta 05/27/2010

Thursday, May 27, 2010

CA denies habeas writ to Air Force ‘whistleblower’


By Benjamin Pulta
05/27/2010

The Court of Appeals (CA) has turned down the petition questioning the continued detention of a Philippine Air Force (PAF) officer who was arrested and charged for uploading videos on a Web site detailing massive corruption among PAF officials.

In a 22-page decision issued by Associate Justice Franchito Diamante, the CA’s Special Former Ninth Division held that the petitioner, Maria Cristina Pogoy, failed to prove that the continued detention of his husband, Air Force Capt. Joenel Pogoy, violates the latter’s right to life, liberty and security that should entitle him to the privileges of amparo and habeas data.

The CA said the privilege of habeas corpus can no longer be availed of by the petitioner as formal charges have already been filed against her husband before the court martial.

Capt. Pogoy is being detained at the Custodial Center in Villamor Airbase while awaiting trial on the charges filed against him, which include violation of Articles of War 96 (conduct unbecoming an officer and gentleman) 97 (disorders and neglects prejudicial to good order and military discipline) and 64 (disrespect toward superior officer).

“Definitely, the charges against Pogoy are not relating to minor offenses as the videos he is suspected to have uploaded in the Internet, by their very nature or tenor, bring discredit upon the Philippine military. Hence, they are serious charges that, to the mind of this Court, justify his continuous detention in the military base,” the CA said in its ruling..... MORE    

SourceThe Daily Tribune

URL: http://www.tribuneonline.org/nation/20100527nat1.html


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