The National Bureau of Investigation will not bring one of the suspects in the murder of Judge Henry Arles to the petition hearing for a Writ of Amparo before Regional Trial Court Branch 42 in Bacolod City at 2:30 p.m. today, NBI Bacolod chief Ferdinand Lavin said yesterday.

The Writ of Amparo petition was filed by Tessa Fortunado, mother Revolutionary Proletarian Army-Alex Boncayao Brigade member, Eddie Fortunado, who is presently being held by the NBI in Manila.

He, along with Ilog Mayor John Paul Alvarez, a municipal employee and four other RPA-ABB members, have been charged before the Department of Justice for the murder of Arles in Ilog town on April 24.

In her petition, Mrs. Fortunado, of Barangay Tampalon, Kabankalan City, has asked the court to order NBI director Nonnatus Caesar Rojas, NBI Bacolod chief Ferdinand Lavin and agents Syrus Aluzan and Modesto Orestes Cajita to produce her son, and to explain why he is being deprived of his liberty, and tortured.

She is also asking that the court order the protection of her son from further harm, claiming he was tortured into admitting a crime he did not commit.

The petition for a Writ of Amparo is a remedy available to any person whose right to life, liberty and security is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

Mrs. Fortunado said her son was apprehended by NBI agents at the Land Transportation Office in Himamaylan on June 27.

Lavin, however, said Fortunado voluntarily went with the NBI agents after he learned that two of his RPA-ABB colleagues, also tagged in the murder of Arles, were already in the custody of the agency.

“We held him on the basis of his request for protective custody, which he made in the presence of a lawyer provided for him,” Lavin said.

He said NBI agents recovered a .45 caliber pistol from Fortunado’s residence later and raps for illegal possession of such weapon have been filed against him before the Prosecutor’s Office two weeks ago.

Lavin said they are not bringing Fortunado to court today because the order they received does not necessarily require it. He pointed out that it only directs the NBI officials to account for his whereabouts and state the basis for keeping him in their custody.*CPG

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