MANILA, Philippines – The Court of Appeals (CA) has ordered the National Bureau of Investigation (NBI) to present and explain the continued detention of suspected Abu Sayyaf Group member Salahim Hairal Dawani.
Dawani was arrested by the NBI over his alleged involvement in the 2001 kidnapping of Golden Harvest Plantation workers in Lantawan, Basilan and the 2001 Dos Palmas, Palawan kidnapping.
The CA's 9th Division granted the petition for a writ of habeas corpus of Jarum Bandang Balongking, Dawani's wife.
"Wherefore, the petition being sufficient in form and substance, let the writ of habeas corpus issue returnable to the Executive Judge of the RTC (Regional Trial Court) of Manila, directing respondents Dante Gierran, Director Sixto M. Burgos Jr., and Alfred Vitta to produce the body of Salahim Hairal Dawani,” the resolution read.
Dawani was ordered presented not later than 10 am of Wednesday, March 27.
After ruling on the habeas corpus petition, the CA ordered the case be tackled back in the Manila RTC.
"While we share jurisdiction with the RTC to issue extraordinary writ of habeas corpus, such concurrence of jurisdiction, does not, however, afford a party unbridled freedom of choices of court forum," the resolution read.
The 3-page decision was penned by Associate Justice Apolinario Bruselas Jr, with the concurring opinions of Associate Justices Myra Garcia-Fernandez and Geraldine Fiel-Macaraig. – Rappler.com