Beruflich Dokumente
Kultur Dokumente
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
1. That petitioner Bermin A. Capellan is of legal age, single and a resident of 720
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
2. That the petitioner, Bermin Capellan, in whose behalf this application is being
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
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
PRAYER
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 .
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
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.
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