The Habeas Corpus Case

Luis Posa, Luisa’s brother and Rose Arado, Nilo’s wife filed a petition for writ of habeas corpus. The case was assigned to Judge Ma. Yolanda M. Panaguiton-Gaviño of Branch 34 of the Regional Trial Court. The first hearing scheduled on April 20, 2007 was reset to April 26 because the lawyer of the military respondents begged for more time to consult his clients.

On April 26, Col. David Tan, representing Maj. Gen. Juvenal Narcise of the 3^rd ID Phil. Army and Col. Renato David of the 301^st Brigade Phil. Army denied having Luisa and Nilo in their custody. Respondent Col. Mariano Perez of the Military Intelligence Battalion did not show up at the hearing because he was reassigned to somewhere in Manila, so the court ordered another notice be sent to the office of the MIB and reset the hearing to May 17, 2007.

Still no representative of the MIB was present at the court at the hearing on May 17. The hearing was once again reset to June 25, 2007.

June 25, 2007

During the hearing of the habeas corpus case, a lawyer representing Col. Perez appeared at the court with a letter acknowledging the court summons and explaining that the colonel can not appear in court because he was reassigned to Manila. The court told the petitioners to present evidence but its witness was indisposed. Next hearing was set for July 25, 2007.

July 25, 2007

Two lawyers of respondents were present, along with those of the petitioners. Leeboy Garachico was presented at the witness stand. He narrated the incident from his point of view to erase any doubt of the court that such an incident really happened. The petitioners then presented names of next witnesses to be summoned by the court, namely Punong Barangay Eduardo Erecre of Cabanbanan, Oton, Johncyd Aranda of the same place and Capt. Lowen Gil Marquez of the Philippine Army Civil Relations Service. Next hearing was set for Aug. 9, 2007, 2 p.m.

August 9, 2007

John Syd Aranda of Cabanbanan, Oton, Iloilo was presented as witness. He narrated how he saw a van block a pickup truck on the highway, he heard a shot, and saw two persons, a male and a female being dragged from a pickup truck to a van and then both vehicles sped away. He also told the court that he then saw the person he later knew as Garachico wobble along the highway, helped and brought him to the house of the punong barangay of Cabanbanan.

Punong Barangay Eduardo Erecre of Cabanbanan next took the stand. He narrated that he heard screeching of tires and when he looked out from his door he heard a shot. When the vehicles that stopped beside his house on the highway sped away, a resident named John Syd Aranda brought a wounded person he later known as Garachico to his house. He reported the incident to the Oton PNP and brought Garachico to the Iloilo Doctors Hospital.