Republic of the Philippines COURT OF APPEALS Manila In the matter of the petition for Habeas Corpus in favor of GABRIEL

GARCIA MARQUEZ ISABEL ALLENDE MARQUEZ Petitioner, xx___________________________xx

SP Case No.___________

PETITION FOR HABEAS CORPUS

Petitioner , by counsel , to this honorable Court , respectfully states : PREFATORY STATEMENT The petitioner in this case represents her father , Gabriel Garcia Marquez who was Forcibly abducted and arbitrarily detained by the respondents . Gabriel Garcia Marquez had been a physician since 1980s, seeking to cure the diseases In rural poor communities before he was illegally arrested and abducted. His unlawful Arrest and enforced disappearance happened on the occasion of the government initiative to launch an all out war against those critical of its policies, which has resulted in unabated extrajudicial killings, abductions, political persecution and violations of civil and political persecution and violations of civil and political rights of the people. Since his fundamental rights have been desecrated, he, represented by petitioner , now Seeks the protection and restoration of their rights through this petition. THE PARTIES 1. Petitioner ISABEL ALLENDE MARQUEZ is a resident, of legal age, and she represents herein her father , GABRIEL GARCIA MARQUEZ, 48 years old. The petitioner may be served with all notices, orders, resolutions and other legal processes of this honorable court through the office address of the undersigned counsel. 2. The following respondents are being impleaded because of their participation, role and position in the formulation and implementation of the governments all-out war policy against suspected rebels and political activists resulting in various human rights violations, including the forcible abduction, illegal arrest and detention of GABRIEL GARCIA MARQUEZ.

3. Respondent Gen. HERMOGENES ESPERON is the current Chief of Staff of the Armed Forces of the Philippines (AFP). He may be served with notices , decisions and other legal processes of this Honorable Court at Camp Aguinaldo , Quezon City. 4. Respondent Gen. JESUS VERZOSA is of legal age and the incumbent Director General of the Philippine National Police (PNP). He may be served with notices , decisions and other legal processes of this Honorable Court at the PNP Headquarters at Camp Crame, Quezon City. 5. Respondent Lt. Gen. ALEXANDER YANO is the current Chief of the Philippine Army (PA). He may be served with notices , decisions and other legal processes of this Honorable Court at Fort Bonifacio, Taguig City. 6. The respondent Col. EDUARDO AO is of legal age and is the head of the Philippine Armys Intelligence and Security Group (PA-ISG). The processes of this Most Honorable Court may reach the respondent in his office at the Philippine Army Headquarters at Fort Bonifacio , Taguig City. His office is responsible for the governments implementation of the all-out war policy against suspected rebels and political activists. STATEMENT OF FACTS ON THE ABDUCTION OF GABRIEL GARCIA MARQUEZ 7. GABRIEL GARCIA MARQUEZ studied from 1978-1981 at the Ateneo De Manila University. Inspired and encouraged by the Jesuit brothers to serve the poor and oppressed people in the rural areas, GABRIEL GARCIA MARQUEZ decided to work on the rural communities of the Cordillera Region. 8. He continued to work in the rural communities until his forcible abduction and arbitrary detention by the respondent military officers and police on April 1, 2009. 9. The following are the circumstances behind the abduction of GABRIEL GARCIA MARQUEZ and his continued unlawful and arbitrary detention, as well as the efforts of his family and concerned organizations to determine his whereabouts. 10.On April 1, 2009 in St. Lukes Medical Center , Quezon City , at around 4 p.m. to 5 p.m., GABRIEL GARCIA MARQUEZ was leaving the Medical Arts Building after he conducted a lecture. 11.Eight (8) men wearing black uniforms , who some witnesses claim were emblazoned Police and CIDG, emerged from a black L-300 van that was positioned at the vicinity of the clinics entrance. The men then punched GABRIEL GARCIA MARQUEZ and forcibly shoved him into the waiting van.

12.The black van that had a special number 8 plate number quickly sped away in the direction of EDSA. The uniformed men expertly carried out the abduction of GABRIEL GARCIA MARQUEZ in less than ten (10) minutes. 13.The captors of GABRIEL GARCIA MARQUEZ subjected him to seventy-two (72) hours of physical and psychological torture as he was in handcuffs, blindfolded, threatened with bodily harm to himself and his daughter, linked to live electric wires, burnt with cigarettes, forced to confess and identify her alleged subversive activities as well as subjected to extremely high volumes of April Boy Regino, Salbakuta and Lito Camo jingles. 14.Petitioner ISABEL ALLENDE MARQUEZ learned of her fathers illegal abduction and the governmental agency that held her captive while watching GMA7s news update at around 8 p.m. of that day. Here, the Armed Forces of the Philippines, through respondent Gen. Hermogenes Esperon, announced that the intelligence and Security Group of the Philippine Army (PA-ISG) have captured GABRIEL GARCIA MARQUEZ and that he was in a detention facility in Fort Bonifacio. 15.The petitioner and members of the human rights organization Ateneo Human Rights Center (AHRC) then went to Fort Bonifacio to ascertain the condition of GABRIEL GARCIA MARQUEZ. Upon reaching this Army Camp, they were directed to the office of Lt. Gen. Alexander Yano who issued a certification that GABRIEL GARCIA MARQUEZ was not within the confines of the Army Headquarters at Fort Bonifacio. He encouraged the petitioner to return the next day. 16.When petitioner and the AHRC members arrived at around 11 a.m. on 3 April 2009 at Fort Bonifacio, the Lt Gen. Yano directed them to the Army Officers Clubhouse where ranking officials of the police and military were to present GABRIEL GARCIA MARQUEZ in a press conference. 17.Lt. Gen. Alexander Yano and Gen Jesus Verzosa said in the press conference that members of the 16th Infantry Division of the Philippine Army lawfully arrested GABRIEL GARCIA MARQUEZ in St. Lukes Medical Center, Quezon City, allegedly on the basis of a warrant of arrest for Rebellion that different Courts from Cordilllera Autonomous Region allegedly issued against him. 18.Though Lt. Gen. Alexander Yano stated the docket numbers for the specific offense of Rebellion during the 3 April 2009 press conference, ther was no mention of the court that issued the arrest warrants that validated GABRIEL GARCIA MARQUEZs continued confinement. 19.Moreover , the warrant that the PNP-CIDG released appears dubious and highly irregular. It was purportedly issued by Judge Emilio Jacinto on 11 March 1999 in the case of rebellion entitled People v. Kurtis Vonnegut alias Vonvon, et al., docketed as Crim. Case No. 99-0311 filed before the Municipal Trial Court of Bangued, Abra. GABRIEL GARCIA MARQUEZs name

appears on the list at number three (3) , with bail recommended at Twenty Thousand Pesos (Php 20,000.00). 20.The AHRC discovered that the case was passed around in different courts. However , upon verification from the office of the clerk of court of the Regional Trial Court of Lacub, Abra, the records of this rebellion case against GABRIEL GARCIA MARQUEZ are not in their custody and could not be found. 21.GABRIEL GARCIA MARQUEZ through counsel requested from the respondent PNP officers to furnish copies of all documents that would justify his arrest and continued detention. Unfortunately, the respondents made no response to this request. 22.All of these events point to the obvious fact that GABRIEL GARCIA MARQUEZ was abducted without the benefit of a valid subsisting warrant and neither were his rights as a citizen respected when State security forces took him into custody on 1 April 2009 . it is likewise worthwhile to note that policemen in plainclothes accosted the AHRC in the Bangued, Abra, who were trying to confirm the existence of the criminal cases against GABRIEL GARCIA MARQUEZ. 23.The foregoing circumstances serve to engender the well-founded belief that the respondents and their agents are responsible for the abduction of GABRIEL GARCIA MARQUEZ despite the fact that he has not committed, was not then committing and was not attempting to commit any offense that called for his arrest or deprivation of liberty in the absence of any formal charge or valid judicial warrant. 24.At no point in time was GABRIEL GARCIA MARQUEZ apprised incident to an arrest as enumerated in the landmark case of Arizona, and embodied in the Bill of Rights under the Philippine The purported warrants themselves were never presented GARCIA MARQUEZ at the time of abduction. of his rights Miranda v. Constitution. to GABRIEL

25.As no court of law has validity issued a warrant for the arrest of GABRIEL GARCIA MARQUEZ, for any crime whatsoever, his confinement under the circumstances recounted above is therefore patently illegal. 26.The petitioner, with her family , AHRC, and counsel , have exhausted all efforts available at law, and she has no plain, speedy and adequate remedy to protect the dundamental rights of her father except through this application for the issuance of a Writ of Habeas Corpus to require the respondents to bring and present GABRIEL GARCIA MARQUEZ before this honorable court. 27.Lt. Gen. Alexander Yano announced during the press conference that they would transfer his custody over to any of the courts in Cordillera Region that allegedly issued the warrants of arrest. Considering that the warrant

presented to their petitioner are all invalid, dubious and non-existent, the declaration of GABRIEL GARCIA MARQUEZs transfer to Cordillera will put her life in mortal danger since , in the unequivocal pronouncement of Mr. Philip Alston , the United Nations Special Rapporteur on extrajudicial killings, the AFP has the reputation of dealing severely with perceived rebels.

PRAYER WHEREFORE, premises considered, the petitioner respectfully prays that this Honorable Court issue a Writ of Habeas Corpus directing the respondents, or whoever acts in their place or stead, to appear before this Honorable Court and to produce GABRIEL GARCIA MARQUEZ in good health, and to explain forthwith why the respondents should not set GABRIEL GARCIA MARQUEZ at liberty without delay. Other forms of relief just and equitable under the premises are likewise prayed for. Makati City, April 09, 2009.

Atty. Jennifer Pendejito Quibilan IBP No. 454564; 09-01-13; Cebu PTR No. 09651322; 08-21-12; Cebu Roll No. 413535 MCLE Compliance No. 123565

Copy Furnished: Gen. HERMOGENES ESPERON Gen. JESUS VERSOZA JR. Lt. Gen. ALEXANDER YANO Col. EDUARDO AO