THE Court of Appeals has dismissed the plea of an activist’s father to release his daughter whom the military had allegedly arrested without criminal charges.
In a 16-page decision, the court’s Third Division junked the petition for writ of habeas corpus filed by Arnulfo R. Pacalda for the release of her daughter Alexandrea. The subsequent filing of criminal charges against the detainee has made the petition moot, according to the court.
“The petition praying for the release of Alexandrea from detention loses legal mooring, and is rendered moot and academic by the subsequent informations filed against her,” the court said.
Mr. Pacalda said in his petition her daughter had been arrested by the military without a warrant on Sept. 14 and they were forced to sign a certification that Alexandrea had voluntarily surrendered.
But the Office of the Solicitor General said Alexandrea was charged with illegal possession of firearms. She was also transferred to the Bureau of Jail Management and Penology in the province.
The petitioner earlier argued the indictment of his daughter was an afterthought, but the court said she could no longer be discharged after she was charged with two criminal offenses. — Vann Marlo M. Villegas