CA junks family’s plea for Quezon activist’s release
The Court of Appeals (CA) has turned down for being moot the petition seeking for the issuance for a writ of habeas corpus which would order the military to release Quezon youth activist Alexandrea Pacalda.
“Premises considered, the Petition for habeas corpus is dismissed,” read the CA decision.
The CA made the ruling pursuant to the Supreme Court’s (SC) October 2 order to act on the petition filed by Pacalda’s family.
In its petition, the family told the SC that “Alexandrea Pacalda is being held and detained by the 201st Brigade in Calauag, Quezon, without charges and legal basis September 14, 2019.”
However, the CA pointed out in its ruling that the petition became moot after Alexandrea has been charged in court last September 23 with illegal possession of firearms and ammunitions and illegal possession of explosives then transferred to the Lucena City Jail Female Dormitory.
When she got arrested, Alxandrea is also being suspected to be a political officer of the Communist Party of the Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF).
In its ruling, the CA declarde that:“If, however, the detention is proven lawful, then the habeas corpus proceedings terminate.”
“In this case, two information have already been filed against Alexandrea for violation of R.A. Nos. 9516 and 10591 in Criminal Case Nos. 19-0332-CAT and 19-0333, respectively,” the CA cited.
“Thus, pursuant to the last sentence of Section 4 of the cited Rule (Rules of Court), Alexandrea cannot be discharged, owing to her indictment for the two criminal offenses),” it ruled.