THE military and police establishments yesterday said two missing indigenous peoples (IP) rights activists who were allegedly abducted by government troops in Rizal last April are not in their custody.
The AFP and the PNP issued this remark after the Court of Appeals approved the petition for habeas corpus filed by the families of the victims, Gene Jamil De Jesus and Dexter Capuyan.
De Jesus is an information and communication officer of the Philippine Task Force for Indigenous Peoples’ Rights while Capuyan is an IP rights activist leader based in Benguet. Both are alumni of the University of the Philippines.
The CA has ordered Armed Forces chief Gen. Andres Centino, PNP chief Gen. Benjamin Acorda and other military and police officials to present De Jesus and Capuyan before the court if the victims are in AFP or PNP custody.
Citing information from informants, the petitioners said the two were abducted by government security forces last April 28 in Taytay, Rizal.
They said the victims were on board a tricycle when they were intercepted by individuals who introduced themselves as members of the PNP Criminal Investigation and Detection Group. The two were later forced into separate vehicles, they also said.
“They are not in the custody of the military… We don’t have in our possession the two (De Jesus and Capuyan),” said AFP spokesman Col. Medel Aguilar.
Aguilar said the military will appear before the CA to formally inform the court that De Jesus and Capuyan are not in their custody.
Asked if the AFP has exerted efforts to find De Jesus and Capuyan, Aguilar said: “Since they are also Filipinos and they are reported to be missing, it is our constitutional duty to look for them to protect them as well.”
Aguilar said finding the two is the “primary function” of the PNP.
“But just the same. we have to contribute since it’s the mandate of the AFP is to protect every Filipino…We will do our best also to help locate these two missing (individuals).”
Citing intelligence information, Aguilar said Capuyan is a member of the communist New People’s Army.
If Capuyan had an arrest warrant and is in AFP custody, Aguilar said “the proper way to do is to turn him over to the court.”
In a statement, PNP Public Information Office chief Brig. Gen. Redrico Maranan said the two were not arrested by the PNP or are under police custody.
“Records would also show that there were certifications issued by various units of the PNP stating that Capuyan and De Jesus are not within their custody,” said Maranan.
“They are neither among the list of Persons Under Police Custody nor can they be found within any PNP facilities,” added Maranan, adding the PNP is set to file its return of writ tomorrow.
Maranan said the PNP has exerted “diligent effort” to locate De Jesus and Capuyan when news about their ordeal came out. This, he said, was “in faithful compliance with our duty to serve and protect the people.”
“Until today, they remain listed as missing persons and subject to follow-up searches thru backtracking from the time they were last seen,” said Maranan.
