Republic of the Philippines

SUPREME COURT
Manila
IN THE MATTER OF THE
APPLICATION FOR HABEAS CORPUS
IN BEHALF OF CAPTAIN GERONIMO AMERIKA
MELINDA AMERIKA,
Petitioner,
- versus -

G.R. No_______________________

COL. MANUEL ROGA

Chief of the Military
Intelligence Service Group,
Camp Crame
Respondent.
x---------------------------------------------------------x
PETITION
COMES NOW the Petitioner, by the undersigned attorney, and unto this
Honorable Court, respectfully avers:

1.

That petitioner Melinda Amerika is of legal age, Filipino citizen, is the wife
of Captain G. AMERIKA, a resident of 110 Capitol Hills Drive, Old Balara,
Quezon City, Philippines, while respondent is the incumbent Chief of
Military Intelligence Service Group, also of legal age and may be served
summons, writs and all orders of this Honorable Court at his office address at
Camp Crame, Quezon City, Philippines;

2.

That sometime in the afternoon of November 1, 2015, Captain G. Amerika of

the PNP, Quezon City, while holding a gun was taken into custody by the
said respondent for alleged participation in a robbery with homicide in
Himlayang Pilipino, Quezon City;

3.

That Captain G. America is actually restrained of his liberty by the

respondent Col. M. Roga at Camp Crame;

4.

That Captain G. Amerika was arrested without a warrant of arrest and

detained at Camp Crame without criminal charges being filed against him
before the proper judicial authorities despite the lapse of twelve (12) days;

5.

That Captain G. Amerika did not participate in any alleged robbery with
homicide; hence his arrest and detention is without any lawful cause;

6.

That such restrain of liberty of the petitioner by the respondent is therefore

without any legal authority;

7.

That petitioner through counsel has exhausted all efforts available at law but
to no avail, and that he has no other plain, speedy, and adequate remedy to
protect his personal rights and secure his personal liberty except by his
application for a Writ of Habeas Corpus.
PRAYER

WHEREFORE, petitioner most respectfully prays that a Writ of Habeas Corpus

be issued by this Honorable Court, directed to respondent Col. M. Roga, commanding the
latter to produce the body of Captain G. Amerika before this Court and forthwith explain
why he should not be released from detention immediately; and declare his arrest and
detention as invalid and unconstitutional.
Petitioner further prays for such other relief and remedies as this Honorable Court
may deem just and equitable.
Quezon City, Philippines, 13 November 2015.

RHODORA P. REVENTAR
Counsel for Petitioner
Roll of Attorneys No. 12345
PTR No. 1234567; 01-02-2015; Quezon City
IBP No. 123456; 01-02-2015; Quezon City
VERIFICATION
I, Melinda Amerika, hereby deposes and states that:
I am the petitioner in the above-entitled case;
I have caused the filing of the petition and I have read the same and knows the
contents thereof; That the allegations contained therein are true and correct of my own
personal knowledge.
MELINDA AMERIKA
Petitioner

SUBSCRIBED AND SWORN to before me, this 13th day November 2015, by
MELINDA AMERIKA, exhibiting to her Voters ID No. 1234-4321A-B1234CDE10000
issued at Quezon City on March 1, 2012.

MICHAEL SIXTO
Notary Public
Until December 31, 2015
Roll of Attorneys No. 54321
PTR No. 7654321; 1/2/2015; QC
IBP No. 654321; 1/2/2015; QC

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