Court dismisses habeas corpus petition against Bacolod cops

By Glazyl Y. Masculino

BACOLOD CITY — The Regional Trial Court (RTC) here has dismissed a petition for a writ of habeas corpus filed by local transport groups against two Bacolod City Police Office (BCPO) officers.

The petition named Police Lt. Col. Joery Puerto, head of the City Investigation and Detection Management Unit (CIDMU), and Police Major Eugene Tolentino, head of Police Station 2, as respondents.

Legal counsels Rey Gorgonio and Lydio Apawan Jr. filed the petition on Sept. 18 on behalf of their clients: Rudy Catedral of Bacolod Alliance for Commuters Operators and Drivers (Bacod-Negros); Lilian Sembrano of Kabakod Negros Transport Coalition Inc. (KNETCO); Rodolfo Gardose, chairman, and Eric Bindoy, secretary-general, of United Negros Drivers and Operators Center (UNDOC) PISTON; Shalimar Saleut, a member of Bacod Manibela; and Melchor Umangayon, a member of KNETCO.

The petition followed the arrest of these six protesters during a rally against the Public Utility Vehicle Modernization Program (PUVMP) in front of a hotel last Wednesday.

Police asked the protesters to disperse, as they were disrupting traffic on one of the city’s major roads.

However, the group refused to leave, prompting authorities to form a blockade and use a water cannon.

Tensions escalated when some protesters allegedly threw stones, injuring two police officers.

In a media interview, Puerto said the complainants attempted to portray their arrests as unlawful.

“The court dismissed the petition because we had a basis, and the arrests of the six were legal,” he added.

A writ of habeas corpus allows detainees to challenge the legality of their detention.

However, Presiding Judge Ferdinand Elbert Jomilla of RTC Branch 79 dismissed the petition, noting that the counsels failed to appear at the hearing.

The judge also pointed out that there was no evidence the respondents had been served copies of the petition and no proof the six individuals were still in detention at the time of the hearing.

“Wherefore, the Court denies the relief prayed for by the petitioner, and this petition is hereby ordered dismissed,” the judge ruled.

Catedral, Sembrano, Gardose, Bindoy, and Saleut were charged with disobedience to a person in authority but were released after posting bail of P3,000 each.

Meanwhile, Umangayon was separately charged with direct assault for his involvement in the stone-throwing incident. He had not posted bail, set at P36,000, at the time of the report.

The four transport leaders also face charges for violating Batas Pambansa (BP) Blg. 880, or the “Public Assembly Act of 1985.” This charge is under preliminary investigation.

Following the protest, the BCPO reiterated its strict enforcement of the “No Permit, No Rally” policy under BP Blg. 880.

The law requires any group or individual organizing a public assembly outside designated Freedom Parks to secure a permit from the local government.

Bacolod’s Public Plaza is the city’s designated Freedom Park, where rallies may be held without a permit.

BCPO Director Police Col. Joeresty Coronica emphasized that while the police respect the public’s right to free speech and peaceful assembly, citizens must exercise their rights responsibly and within the law.