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Republic of the Philippines

COURT OF APPEALS
Special First Division, City of Manila

Bermin A. Capellan,
Petitioner,
Sp. Proc. No.: 12-3245
- versus -
For: HABEAS CORPUS
Jimmy B. Aglutay,
Respondent,
x-----------------x
PETITION FOR A WRIT OF HABEAS CORPUS

COMES NOW the Petitioner, by the undersigned attorney, and unto this

Honorable Court, respectfully avers:

1. That petitioner Bermin A. Capellan is of legal age, single and a resident of 720

Barrio Batungbakal, Manila, Philippines, while respondent is also of legal age

and may be served with summons, writs and all orders of the Honorable Court at

his office address at 603 Remedios St, Brgy. 698 Zone 076, Malate, 1004

Metro Manila, Philippines;

2. That the petitioner, Bermin Capellan, in whose behalf this application is being

made, is actually restrained of her liberty by the respondent Jimmy B. Aglutay

who is the Chief of Police of Manila Police District at the Ermita Police

Station;

3. That sometime in the morning of August 22, 2017, petitioner was taken into

custody by the said respondent without a warrant of arrest and detained at the

Ermita Police Station without any criminal charges being filed against her

before the proper judicial authorities. Moreover, petitioner was taken by the
respondent not under any of the circumstances where a warrantless arrest is

allowed by the law or the Rules of Court;

4. That such restraint of liberty of the petitioner by the respondent is therefore

without any legal authority;

5. That the petitioner through counsel has exhausted all efforts available at law but

to no avail, and that she has no other plain, speedy, and adequate remedy to

protect her personal rights and secure her personal liberty except by her

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 the respondent Jimmy B. Aglutay

commanding the latter to produce the body of Bermin A. Capellan before this Court at

the time and place therein specified, and to summon the respondent then and there to

appear and to show cause of the detention of said Petitioner; and that after due

proceedings, the said Petitioner be restored of her liberty and forthwith discharged from

confinement .

Manila, Philippines, September 29, 2017.

ADRIAN B. CABANA
COUNSEL
Roll No. 67730
IBP No. 9789 (Lifetime) Manila
MCLE Compliance No. III-000143
0PTR No. 11612345-6-7-2016-Manila
Telephone No. (032) 817-3255
E-mail Address: acabana@gmail.com
VERIFICATION AND CERTIFICATION

(REPUBLIC OF THE PHILIPPINES


City of Manila ) S.S.
x-----------------------x

I, Bermin A. Capellan, of legal age, Filipino, single, and a resident of 720 Barrio
Batungbakal, Manila, Philippines, after being sworn in accordance with law, hereby
depose and say:

That I am the Petitioner in the above-entitled case; That I have caused the
preparation of the above Petition and I have read the same and know the contents
thereof; That the allegations contained therein are true and correct of my own personal
knowledge.

That I further certify that: (a) I have not theretofore commenced any other action or
proceeding or filed any claim involving the same issues or matter in any court, tribunal, or
quasi-judicial agency and, to the best of my knowledge, no such action or proceeding is
pending therein; (c) if I should thereafter learn that the same or similar action or proceeding
has been filed or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five (5) days
therefrom to the court or agency wherein the original pleading and sworn certification
contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of


September, 2017 at Manila, Philippines.

Bermin A. Capellan
AFFIANT

SUBSCRIBED AND SWORN to before me, this 29th day of September, 2017, by
Bermin A. Capellan who exhibited to me her Community Tax Certificate No. 23327052
issued at City of Manila, Philippines on 28th day of September, 2017.
JERICHO R. CRUZ
Notary Public
Until December 31, 2018
Roll No. 47714
IBP No. 9899 (Lifetime) Manila
MCLE Compliance No. III-000891
0PTR No. 1161033-9-9-2016-Manila
Telephone No. (032) 254-7882
E-mail Address: jccruz@gmail.com

Doc. No. 189;


Page No. 38;
Book No. III;
Series of 2017;