Group-no.-4-memorandum-petitioner.docx

Republic of the Philippines REGIONAL TRIAL COURT Seventh Judicial Region Branch 7, CEBU CITY

In the matter of the petition For Habeas Corpus in favor of SHIENAH ALONZO

SP Case No. 1241

ANNETTE ALONZO Petitioner, Vs. JERBEE ALBUTRA Respondent, x------------------------x MEMORANDUM for the PETITIONER COMES NOW THE PETITIONER, through the undersigned counsel, unto this Honorable Court most respectfully submits and presents this Memorandum in the above-titled case and aver that:

STATEMENT OF THE CASE On January 4, 2019, petitioner filed a Petition for Habeas Corpus against herein respondent and demanded the immediate release of her mother, SHIENAH ALONZO. On January 10, 2019, respondent filed her answer against the petitioner. On January 14, 2019, preliminary conference was held in the presence of the petitioner, respondent and their respective counsels. On January 16, 2019, the hearing for the petition was conducted.

Accordingly, after presentation of evidence, the Honorable Court ordered the parties to submit their respective Memoranda fifteen (15) days from notice, otherwise, the case is deemed submitted for decision.

STATEMENT OF FACTS On January 2, 2019, Shienah Alonzo, mother of the petitioner and a world-renowned human rights advocate, was the guest speaker at a human rights conference held at the University of Cebu-Banilad. At around 6 o’clock in the evening right after her speech, Sheinah Alonzo then proceeded outside of the University near Rose Pharmacy to wait for a taxi. Three (3) men wearing blue uniforms, who some witnesses claim were bearing the mark “Police”, emerged from a black Toyota Fortuner SUV with a red plate number AED-5492. The men then forcibly arrested and grabbed Sheinah Alonzo without a warrant of arrest. The following day, or on January 3, 2019 at around 3 o’clock in the afternoon, the petitioner heard from the radio on DYAB Radyo Patrol that her mother was detained at the Cebu City Police Headquarters at Camp Sotero Cabahug. Such restraint of liberty of her mother is without any legal authority.

STATEMENT OF THE ISSUE Whether or not the respondent should immediately release SHIENAH ALONZO and restore her of her liberty.

ARGUMENT SHIENAH ALONZO should immediately be released good health and be restored of her liberty and forthwith be discharged from confinement.

DISCUSSION Section 1 of Rule 102 of the Rules of Court provides for the cases when the issuance of a writ of habeas corpus by a proper and competent court is valid.

RULE 102 Sec. 1. To what habeas corpus extends. - Except as otherwise expressly provided by law, the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto. Our position is that MS. SHIENAH ALONZO was illegally arrested as she was abducted by police officers without an arrest warrant nor was her arrest under cases where a valid warrantless arrest may be made pursuant to Section 5, Rule 113 of the Rules of Court; to wit: RULE 113 Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and (c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. In the instant case, SHIENAH ALONZO did not commit a crime nor was attempting to commit a crime during her arrest. She is also not a prisoner who has escaped from a penal establishment.

CONCLUSION With the laws presented, the petitioner, through counsel, believes and submits that MS. SHIENAH ALONZO be immediately released.

PRAYER WHEREFORE, premises considered, petitioner most respectfully prays that this Honorable Court issue a Writ of Habeas Corpus directing the respondent, or whoever acts in their place or stead, to appear before this Honorable Court and to produce the body of SHIENAH ALONZO in good

health and be restored of her liberty and forthwith be discharged from confinement. Other forms of relief just and equitable under the premises are likewise prayed for. Cebu City, January 18, 2019

JUSTIN VAL R. VIRTUDAZO Counsel for the Petitioner Virtudazo and Associates Law Offices 28th floor, TGU Building Cebu IT Park, Cebu City Philippines IBP No. 961232/ 05-16-16/ Cebu City Roll No. 758222 MCLE Compliance No. VII-19512391 February 21, 2017 Tel No. (032) 412-0966