ACTING on a writ of amparo filed by his
siblings, Judge Elmo Alameda of the Makati regional trial court
branch 150 issued a Temporary Protection Order (TPO) for an
alleged Magdalo member involved in last November’s standoff at
the Manila Peninsula Hotel.
The court also issued an order to transfer
the custody of Pfc. Arvin Celestino from the Intelligence
Service of the Armed Forces of the Philippines (Isafp) compound
to the PNP custodial center in Camp Crame while the petition for
the issuance of a writ of amparo is being heard.
Celestino’s siblings, Nelson and Amelia,
asked the court to issue the writ against Armed Forces chief
Gen. Hermogenes Esperon, Major Gen. Arsenio Arugay, Isafp chief;
Colonels Tristan Kison and Roberto Almadin, and Capt. Ed-mar
Sorioso. They named them responsible for their brother’s
continued solitary confinement and continued interrogation
without a counsel at Isafp in violation of a court commitment
order issued last Dec. 21 transferring him to the Marines’
custodial center in Fort Bonifacio.
Alameda ordered the respondents to present
Celestino in court when the hearing on the writ is held on Jan.
22.
The court said it was not aware that
Celestino has remained at Isafp despite the commitment order. It
said Celestino’s immediate transfer to the PNP custodial center
is essential because "his life and safety may be at higher risk"
because of the filing of the motion for the issuance of writ of
amparo directed against the respondents.
The PNP detention center is temporarily
holding the other accused in the case, including Sen. Antonio
Trillanes IV, former Scout Ranger regiment commander Brig.
General Danilo Lim and 14 others.
Celestino’s siblings claimed certain AFP and
PNP officers and personnel have interrogated their brother and
tried to convince him to replace his counsel, turn state
witness, give various statements and even make it appear that he
is now part of Isafp.
They also claimed Celestino’s custodians did
not given them privacy during brief visits and even censored and
reviewed documents passed on by their brother’s lawyer Reynaldo
Robles.
Alameda said in his order that he will not
allow a general denial of the allegations in the motion. He also
said the court will bar the filing by respondents of any motion
to dismiss, extend the time to file a return, opposition,
reconsideration, postponement, affidavit, position paper, bill
of particulars, counterclaims or cross claims, third party
complaint, interlocutory order or interim relief order and
petition for certiorari, mandamus or prohibition.
Robles said Celestino, a former member of the
Philippine Marine Corps, was already on "dependency discharge
status" when the Manila Pen incident occurred. But authorities
alleged he was part of the Magdalo team tasked to secure
Trillanes and Lim during the standoff. He was arrested at NAIA
last Dec. 5 on his way to Virginia, USA where he was supposed to
work as a swimming instructor and lifeguard based on a working
visa issued by the US Embassy dated Nov. 23, 2007.
Military and police officials said
Celestino’s trip to the US was a "test run" for the escape of
Magdalo leader Capt. Nicanor Faeldon who vanished at the height
of the standoff and is now the subject of a massive manhunt
operation with a P1 million reward for his arrest. –
Ashzel Hachero
