CA orders NBI to present suspected Abu Sayyaf member

In a resolution dated March 21, the CA’s 9th Division issued a writ of habeas corpus, in connection with the petition filed by Jarum Bandang Balongking, the wife of suspected Abu Sayyaf member Salahim Hairal Dawani. (File Photo By Ramon FVelasquez/Wikimedia, CC BY-SA 3.0)

MANILA — The Court of Appeals (CA) has ordered the National Bureau of Investigation (NBI) to present before the Manila Regional Trial Court a suspected Abu Sayyaf member allegedly involved in the kidnapping several plantation workers in Basilan in 2001.

In a resolution dated March 21, the CA’s 9th Division issued a writ of habeas corpus, in connection with the petition filed by Jarum Bandang Balongking, the wife of suspected Abu Sayyaf member Salahim Hairal Dawani.

Balongking claimed that Dawani’s continued detention at the NBI is illegal, considering the failure of the agency to produce copies of the warrant of arrest and information filed against him, in connection with the 2001 Golden Harvest Plantation kidnapping case filed before the Regional Trial Court of Zamboanga City, Branch 15.

Last March 6, members of the NBI-Counter Terrorism Division, headed by Alfred Vitta, arrested Dawani.

“Wherefore, the petition being sufficient in form and substance, let the writ of habeas corpus issue returnable to the Executive Judge of the RTC of Manila, directing respondents Dante Gierran, Director Sixto M. Burgos Jr., and Alfred Vitta to produce the body of Salahim Hairal Dawani before such court not later than 10 o’clock in the morning of March 27, 2019, at which time the respondents shall show cause of the restraint,” the CA resolution reads.

The CA sent the case to the Manila RTC since the petitioner failed to cite “special or important reasons” to file the petition straight to the appellate court.

“While we share jurisdiction with the RTC to issue extraordinary writ of habeas corpus, such concurrence of jurisdiction, does not, however, afford a party unbridled freedom of choices of court forum.

After all, the hierarchy of courts serves as a general determinant of the appropriate forum for petitions for the extraordinary writ,” the resolution added.

It is the trial court, according to the CA, which conducts the appropriate hearing and disposes of the case.

The NBI said Dawani is wanted for his role in the kidnapping of several workers of the Golden Harvest Plantation in Tairan, Lantawan, Basilan in 2001.

Dawani also served as one of the Abu Sayyaf members, who llegedly helped guard the Dos Palmas, Palawan kidnap victims, including American couple Martin and Gracia Burnham, the NBI said.