Citing ‘unlawful detention,’ court frees mayor in extort case
CITY OF SAN FERNANDO—Mayor Abundio Punsalan Jr. returned to work in San Simon, Pampanga, on Wednesday after a court in a Sept. 2 decision approved to end his “unlawful detention” following his Aug. 5 entrapment.
A case for robbery by extortion and graft against Punsalan, however, remained pending with the Office of the Ombudsman.
Acting Presiding Judge Desiree Gertrude Orquiola Moldez of the Regional Trial Court Branch 206 in Muntinlupa City granted the petition for habeas corpus filed by Punsalan’s lawyer, Raymond Fluellin Viray.
In the nine-page decision, Moldez also directed the National Bureau of Investigation to release Punsalan, his supposed external administrator Ed Ryan Dimla, as well as his security personnel Domingo Ramones, Rodolfo Dagdag Jr., Philip Ronnie Jimenez Sr., Rufino Cruz and Erwin Calma.
Punsalan reported for work on Wednesday and informed the local government of the court’s decision through a letter, according to acting Mayor Anne Canlas. She said she did not oppose Punsalan’s resumption of duties.
Punsalan allegedly demanded election expenses amounting to P130 million from a Chinese-Filipino businessman whose plant made steel bars in San Simon. Punsalan supposedly agreed to get a partial amount of P30 million, which was delivered in the entrapment operation in Clark Freeport.
Moldez said the information indicting Punsalan’s group “[has] not reached the proper judicial authorities.”
Still unfiled
She said the “mere existence of information that remains unfiled does not justify their continued detention. Therefore, this court considers the information to still be in the possession of the Office of the Ombudsman at this time.”
According to the judge, Punsalan and his companions did not sign a waiver of Article 125 of the Revised Penal Code, referring to the 36-hour period to deliver those arrested to judicial authorities. “Consequently, the lapse of the mandatory 36-hour period without the filing of charges in court or the issuance of a judicial order renders their continued confinement unlawful,” a part of the decision read.
She said NBI officials failed to substantiate the legal basis for the continued detention despite several opportunities.
“Finally, it is important to note that the mere submission of the information to the Ombudsman is insufficient to justify the continued detention of [Punsalan and his companions]. Since the information has not been filed in court, no judicial authority has determined probable cause,” Moldez said.
