Petition for the Issuance of a Writ of Habeas Corpus for the Release of Lumad Minor – March 11, 2021

C4HR together with the IBP – Integrated Bar of the Philippines Cebu City Chapter and FLAG Cebu filed a Petition for the Issuance of a Writ of Habeas Corpus for the release of one of the minors detained during the raid conducted by the police authorities last Feb. 15, 2021 inside the USC Retreat House.

On March 11, 2021, the Regional Trial Court granted the Petition and ordered the DSWD to release the minor to her father. However, the DSWD defied the court order and refused to release the minor.

The Court stated in its decision:

“The Court is not persuaded by the respondent’s protestation that XXX’s liberty is not restrained because of February 15, 2021 incident was a legitimate rescue operation, and not a raid. No matter how respondents wish to characterise XXX’s confinement at DSWD, the fact remains that she does not have freedom of movement, she cannot see anyone from outside (not even her own father) without the approval of respondents, and she does not have freedom and privacy of communication. The Court cannot see how these deprivations are constitutional rights be in XXX’s best interest.”

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