Bahnarin Kamaong filed a petition for habeas corpus saying that Quezon City Regional Trial Court Branch 221 has yet to act on his motion for immediate release despite his acquittal.
Habeas Corpus means 鈥渢hat you have the body鈥� while 鈥渨rit鈥� is a court order. The Writ of Habeas Corpus requires an official to produce before the court a detained person and justify why he needs to be restrained. Failure to justify the legality of the detention would mean the detained person鈥檚 freedom.
Kamaong, in his habeas corpus petition, said the lack of action on the part of the QC Court on his immediate release despite his acquittal 鈥渟hall be deemed a denial of the same.鈥�
鈥淭hus, petitioner Kamaong鈥檚 continuous detention is considered illegal, arbitrary and inhumane,鈥� read his habeas corpus petition.
He said his family, relatives and even the public have watched the promulgation of the Maguindanao massacre case where his name was announced as one of those acquitted.
Kamaong said subjecting him 鈥渢o continuous incarceration despite acquittal is inconsistent with the Order given in open court on Dec. 19, 2019.鈥�
He said he has been put 鈥渋n a state of embarrassment, shame, public humiliation and persecution which is tantamount of compelling him to live in the continuing state of insecurity, anxiety and awkward situation.鈥�
Kamaong said the court already stated that the evidence against him was insufficient to warrant his conviction and there was no scintilla of evidence linking him to the death of the 58 personalities.
Based on the 761-page decision by the QCRTC, a certain Superintendent (now Lieutenant Colonel based on the new police rank classification)聽 Bahnarin Kamaong is among the 28 convicted for the death of 57 people including 31 journalists. He is meted with the penalty of reclusion perpetua without parole.
The convicted Kamaong is identified in the decision as the Regional Commander of the Philippine National Police鈥檚 Regional Mobile Group who offered his troop for the ambush.
However, the same ruling mentioned a certain Police Lieutenant Bahnarin Kamaong as one of those acquitted and ordered the immediate release.
In the original charge sheet filed by government prosecutors before the Quezon City Court, there is only one Bahnarin Kamaong as accused鈥搕he one with the rank of Lieutenant Colonel.
Justice Secretary Menardo Guevarra and Senior Deputy State Prosecutor Richard Anthony Fadullon both said that it is a matter for the court to clarify.
鈥淟ets clear it up with the court,鈥� Guevarra said.
While Fadullon said, 鈥渋t was a matter brought to the attention of the court and the court had also mentioned that it would try to see to reconcile if there was any discrepancy in the decision.鈥�