The Court of Appeals has dismissed the petition for habeas corpus of a Caloocan police officer implicated in last year’s kidnapping-robbery along Edsa that was caught on cellphone camera by a witness.
In a 10-page decision, CA’s Tenth Division Associate Justice Carmelita Salandanan Manahan held that the continued detention of Senior Insp. Allan Emlano at the Philippine National Police-Regional Holding and Accounting Unit (RPHAU) in Camp Bagong Diwa, Bicutan, Taguig is lawful.
Emlano sought the issuance of a writ of habeas corpus after he received a copy of the decision dated September 24, 2014, which dismissed him from the service for serious neglect of duty after going on absence without leave (AWOL) for November 26, 2012 to January 18, 2013.
The administrative case is different from another one that filed against him on Sept. 22 for grave misconduct for violation of Article 306 (brigandage) and Article 267, which governs kidnapping and serious illegal detention, under the Revised Penal Code.
Emlano said he was no longer an officer under the Sept. 24 decision dismissing him from the service, thus, the PNP’s restrictive custody had no basis.
He insisted that no warrant of arrest or commitment order has been issued by any court against him allowing the PNP to place him under restrictive custody for his alleged involvement in the Edsa kidnapping with robbery incident.
But the CA said the Sept. 24 finding of dismissal was not yet final and executory because his motion for reconsideration was still pending before the National Police Commission (Napolcom).
“In fine restrictive custody is a nominal restraint beyond the ambit of habeas corpus. It is neither actual nor effective restraint that would call for the grant of the remedy called for. It is permissible precautionary measure to assure the PNP authorities that the police officers concerned are always accounted for,” the CA held.
A photo showing several armed men surrounding an SUV along Edsa became viral in the social media prompting authorities to investigate.
The PNP confirmed the incident and tagged at least 10 policemen were involved in the abduction of two men where robbed P2 million cash.