ORIGINAL ~ '·::;J, .. ~ ?! , .. Republic of The Philippines ~ tda SUPREME COURT N ~ ,,. .II.' + :-·' ~-Ea En Banc .' .:..a:;...t;l"t".I > Manila a Q 0 JODY C. SALAS, ex rel Person "" Deprived of Liberty (POL) RODOLFO C. SALAS, SC G.R. SP PROC. No. Petitioner, 251693 -versus- JCINSP. LLOYD GONZAGA, FOR: HABEAS CORPUS AND Warden of the Manila City Jail ALL OTHER LEGAL AND Annex. EQUITABLE REMEDIES Respondent. Pc:-&T6D -··-- x-------------------------x AND '± COPIES EXTREMELY URGENT EXLPARTE MOTION FOR SPECIAL AND IMMEDIATE RAFFLE'tl\'Tt\ tDl\\10 Petitioner, by counsel, respectfully states: i. 1. On 20 February 2020, RTC Branch 32 of Manila (the "Manila RTC") issued an Order setting the case for arraignment and/ or pre-trial on 28 February 2020 at 8:30 in the morning until 4:30 in the afternoon of Mr. Rodolfo C. Salas on 28 February 2020 in People of the Philippines v. Jose Maria Sison, et.al. docketed as Criminal Cases Nos. 08-262163 (formerly H-1581) and 14-306533 -14-306546. 2. On 24 February 2020, herein Petitioner filed a Petition for the issuance of a writ of habeas coiyus dated 24 February 202Q. It includes a prayer for the immediate issuance of a Temporary Restraining Order (TRO) restraining the Manila RTC from proceeding with the arraignment and pre-trial scheduled on 28 February 2020. 3. Briefly, it is respectfully submitted that Petitioner's application for a TRO be immediately considered as the criminal 1 1 \C(lt ~-a~, AD AiJ proceeding for fifteen (15) counts of murder serves as an ongoing 4 violation of Mr. Rodolfo Salas' constitutional rights. 4. Accordingly, in view of the extremely urgent need to restrain the Manila RTC from proceeding with arraignment and/ or pre-trial due to the foregoing and the other justification as mention in the Petition, there is a need for the Petition to be immediately and specially raffled, summons served on the Respondent, and the application for a TRO be set for hearing and resolved. PRAYER WHEREFORE, in view of the foregoing and in the substantial interest of justice and fair play, Jody C. Salas, through undersigned counsel, most respectfully prays that the Honorable Court upon receipt hereof, immediately conduct a special raffle of the Petition dated 24 February 2020. Other reliefs just and equitable under the circumstances are likewise prayed for. Quezon City for Manila City, 24 February 2020. FREE LEGAL ASSISTANCE GROUP (FLAG) Counsel for Petitioner-Relafor RICHARD DE VELUZ 2nd Floor, Eastside Building 77 Malakas Street, Quezon City, PHL 1100 JOSE MANUEL I. DIOKNO, National Chairperson THEODORE 0. TE, Regional Coordinator for Metro Manila BY: Roll No. 35394 PTR No. 9668094/Feb. 4, 2020/Quezon City IBP Lifetime No. 00236/Feb. 9, 1995/Pasig City' MCLE Exemption No. VI-000914 (Valid until April 14, 2020) BM2012 Mandatory Legal Aid Service Exempt - Free Legal Assistance Group Email: [email protected] 2 THEODORE 0. TE 5 Roll of Attorneys No. 37142 PTR No. 7601766, January 25, 2019, Q.C. IBP No. 071683, January 31, 2019s, Makati City MCLE Exemption No. VI-001316 (Valid until 4-14-22) BM 2012 MLAS Exempt-Free Legal Assistance Group Tel No. 9205514 loc. 418/CP-09175202295 [email protected] 0 MICHAEL CHRISTO JRC. DE CASTRO Roll of Attom!1No. 68718 PTR No. 9343828/ January 6, 2020/Quezon City IBP No. 111122/January 20, 2020/Bicolandia/Masbate MCLE Compliance No. VI-0026337 /May 8, 2019-April 14, 2022 Email: [email protected] CP. No.: 0995 6512090 JOCEL ISIDRO S. DILAG Roll of Attorneys No. 69701 PTR No. 8131231, Makati City, January 10, 2020 IBP No. 109005, Laguna Chapter, January 10, 2020 MCLE Compliance No. VI-0007414 (Issued on 04-11-2018) TS [email protected] i, ...,,. ... 3 G NOTICE OF HEARING: THE CLERK OF COURT Supreme Court Padre Faura, Manila Greetings: Please submit the foregoing Motion for the consideration and approval of this Court immediately or at such time as may be available in this Court's calendar. MICHAEL CHRISTO~R C. DE CASTRO VERIFICATION I, MICHAEL CHRISTOPHER C. DE CASTRO, of legal age, Filipino, under oath, depose and state that: I am the counsel for the Petitioner in the above-entitled case; and in said capacity, have prepared the foregoing EXTREMELY URGENT EX-PARTE MOTION FOR SPECIAL AND IMMEDIATE RAFFLE; and hereby affirm that the contents are true and correct, to the best of my own personal knowledge and based on allthentic records. MICHAEL CHRISTOP~ C. DE CASTRO ACKNOWLEDGMENT Republic of the Philippines) Quezon City ) S.S. ~ BEFORE ME, a Notary Public, for and in Quezon this 24th day of February 2020, personally appeared MICHAEL CHRISTOPHER C. DE CASTRO presenting to me his competent evidence of identity his IBP ID valid until 13 September 2021, issued at Masbate; known to me to be same person who executed and signed the foregoing 4 7 signed the foregoing Motion and he acknowledged to me that the same is his free and voluntary act and deed. WITNESS MY HAND AND SEAL at the place and on the date first above-written. ATTY.J0 //1 _OP.CRISOLOGO ~Public Until Deeember 31, 2020 Doc.No.~(; Adm. Matter No. NP-023 (2020 .. 20~ 1) PTR No. 9270054-C / 01 ·02•20 Q,Q./ PageNo. ~ IBP Lifetime No, LRN-03680 Roll No. 49462 BookNo. 9(/f MCLE Vl-0017282 Valid Untll 4•14~2oaa Series of 2020. 11n No. 111-979•403•000 Add: 5 General de Jesus Heroes Hills Brgy. Sta. Cruz, Flshermall Q.C. ~ ~ ... 5 8 VERIFIED DECLARATION I, ATTY. MICHAEL CHRISTOPHER C. DE CASTRO, hereby declare that the document hereto submitted electronically in accordance with the Efficient Use of Paper Rule are complete and true copy of the document filed with the Supreme Court. ) I ATTY. MICHAELI CHRI~ TOPHER C. DE CASTRO )Counsel r Petitioner 1 24 February 2020 SUBSCRIBED AND SWORN TO before me this 24 February 2020, affiant exhibiting his competent evidence of identity, to wit: IBP ID No. 68718 valid until 13 September 2021 issued at Masbate. i, ~ ATTY. ELISEO S. CALMA, JR. Doc. No. -</"?r Notary Public Quezon City Page No. 18 Until December Tl, 2020 Book No. / .... A­ PTR No. 952 i 280 '/ /21 /2020-QC IBP No. 095230 I Roll No. 50183 Series of 2020. MCLE Comp. No. Vl-0012817 ADM. Matter No. NP-067 V, .. .' ORfGlf\fAL 1 l.·c , · 1 ,,_L___·- Republic of The Philippines 9 .. :ElL·. C-::7..,?,:1~_, ' .I'~: .)_ - -Ly·-2-.:l)-- SUPREME COURT Manila ~ ~ En Banc ...;, -­~ "'s:- -0 JODY C. SA.LAS, ex rel Person ::!'- Deprived of Liberty (POL) -';< •' RODOLFO C. SALAS, -0 Petitioner, SC G.R. SP PROC. No. 2'51693 -versus- HON. THELMA BUNYI- FOR: HABEAS CORPUS, TRO MEDINA, Presiding Judge of the and INJUNCTION AND ALL Regional Trial Court of the City of OTHER LEGAL AND Manila, Branch 32, JCINSP. EQUITABLE REMEDIES LLOYD GONZAGA, Warden of the Manila City Jail Annex, and all Jl,, those taking orders, instructions, p()5Tm .u: •. ,,.,., ~- , .§ !/.'·.:., ... ' --~-'; and directions from him, f, .• ~] ;i Respondents. OIUCINAL~ . :.,~. ~-t: x-------------------------x t,ND + COPIES . j' ~- PETITION WITH CD FILED i Petitioner, by counsel, respectfully states that: PREFATORY STATEMENT "How many times must a man look up Before he can see the sky? "1 ""' ... 1 "Blowin' in the Wind" by Bob Dylan. 1 0~?.!l~ 10 NATURE OF THE PETITION, PROPRIETY OF RESORT, AND URGENCY OF RELIEFS 1. This Petition is being filed under Rule 102 of the Rules of Court to free Mr. Rodolfo C. Salas from continuing illegal confinement, with application for a Temporary Restraining Order and Writ of Preliminary Injunction. Rodolfo is currently being detained by the Respondent in the City Jail of Manila without any legal justification, as will be demonstrated below. 2. There are no issues of fact that need to be threshed out in any of the lower courts as to preclude this Court's cognizance of this very urgent matter. For this reason, the observance of the first resort to trial courts may be dispensed with. Considering also the plea for immediate freedom from illegal detention under the circumstances narrated below, it is respectfully submitted that this matter may be acted upon by this Court. 3. CoRsidering the nature of the writ sought, it is respectfully submitted, finally, that no technical defects may and should be invoked towards defeating the remedies sought. THE PARTIES 4. Petitioner JODY S. SALAS is a Filipino citizen, of legal age, and a resident of Unit 1706 Tower 1, Avida Cityflex Towers, 7th Ave cor Lane T, Bonifacio Global City, Taguig City. He is the son of RODOLFO C. SALAS ("PDL" or {Rodolfo"), a 72-year-old retiree based in Angeles City. He may be served with pleadings, notices and other processes through counsel at the address below. 5. Public respondent Respondent HON. THELMA BUNYI-MEDINA is the Presiding Judge of the Regional Trial Court of the City of Manila, Branch 32 and, in such capacity, issued the warrant of arrest subject of this petition. She may be served with pleadings, notices and other processes at her official station at the 5 /F, LRT Wing, Manila City Hall, Gat Antonio Villegas St., Ermita, V, City of Manila, Metro Manila. · 6. Respondent JCINSP. LLOYD GONZi\.GA is the Warden of the Manila City Jail Annex and the public officer directly responsible for Rodolfo's confinement within the Manila City Jail Annex. He may be served with pleadings, notices and other processes at their official station at BJMP-NCR Compound, Camp 2 11 Bagong Diwa, General Santos Ave., Lower Bicutan Taguig City, Metro Manila. ANTECEDENTS 7. On 2 October 1986, an Information for rebellion was filed against Rodolfo.