The camp of Eddie Fortunado, one of the suspects in the murderof Kabankalan City Judge Henry Arles, has filed a petition before Regional Trial Court Branch 42for his immediate release, saying there is no need for him to remain under the protective custody of the National Bureau of Investigation.

His legal counsel, Romeo Subaldo, Sr said at the resumption of the hearing for the Writ of Amparo filed by Fortunado’s mother, Tessa, yesterday that they also filed a petition for the release of the items seized from him when he was taken into custody by the NBI.

RTC Branch 42 Judge Fernando Elumba gave the NBI, through their counsel, Ormil Go of the Office of Solicitor General’s Office, ten days to file their opposition to the petitions filed by Fortunado’s camp.

If the petition is granted, the Negros Alliance of Human Rights Advocates, the group helping the family of the suspects in the Arles slay, may take custody of Fortunado, NAHRA vice chairman, Allan Gozon said.

Gozon saidFortunado had told him that if the court will not heed their request, he would rather be detained at the Bureau of Jail Management and Penology in Bacolod.

During the hearing of the Writ of Amparo yesterday, Go

also presented evidence proving that Fortunado was not tortured and that visitors were allowed to see him while in the custody of NBI-Manila.

The evidencepresented included the medical certificate issued by NBI-Manila Medico Legal Officer Roberto San Diego showing that there were no signs on Fortunado’s body showing that he had been manhandled.

However, Subaldo stressed that the medical certificate is not strong evidence as there are forms of manhandling that leave no marks including psychological and water therapy tortures.

The continuation of the hearing is scheduled today to further discuss the evidences presented by the NBI.

Meanwhile, another Arles slay suspect, Alejandro Capunong, who was charged for illegal possession of firearms by the NBI, wasbrought to the BJMP in Brgy. Taculing at about 11 a.m. yesterday on orders Regional Trial Court Judge Eliseo Geolingo.

Chief Insp. Gilbert Peremne, BJMP-Bacolod Warden, assured the family of Capunong of his safety and said that visitors are free to come to the jail and see him.

Peremne saidCapunong will be in a quarantine cell for a week so he can be oriented on the policies of the jail before he is mixed with other inmates.

Five Revolutionary Ploretarian Army-Alex Boncayao Brigade members including Fortunado, Capunong and Jessie Deguia, with Ilog Mayor John Paul Alvarez and his administrative aide, are facing a murder complaint before the Department of Justice, for the death of Arles.

Recently, Negros Occidental Vice Governor Genaro Alvarez, Cauayan Vice Mayor Jerry Tabujara and RPA-ABB Official Nelson Rustom Puro were included as respondents in the case.

The vice governor has denied involvement in the case and described the inclusion of his name as politically motivated.*APN

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