July 2004 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
Dwikarna v. Domingo : 153454 : July 7, 2004 : J. Corona : En Banc : Decision
EN BANC
[G.R. NO. 153454. July 7, 2004]
AGUS DWIKARNA, Petitioner, v. HON. ANDREA D. DOMINGO, Commissioner, Bureau of Immigration, GEN. LEANDRO MENDOZA,* Chief, Philippine National Police, GEN. JAIME G. CARINGAL, Chief, Intelligence Group, Philippine National Police, RONALDO P. LEDESMA, Chief, Bureau of Special Inquiry, and the Board of Commissioners, Bureau of Immigration, Respondents.
D E C I S I O N
CORONA, J.:
Before us is a Petition for Certiorari, prohibition and mandamus, filed under Rule 46, in relation to Rule 56, Sections 1 and 2 of the Revised Rules of Court, with a prayer for a temporary mandatory injunction for the immediate release of petitioner from detention.
The facts of the case follow.
On March 13, 2002, at around 7:25 p.m., petitioner Agus Dwikarna and two other Indonesian nationals, namely, Abdul Jamal Balfas and Hamsid Lin Rung, were at the Ninoy Aquino International Airport, checking in their luggage for x-ray screening in preparation for their departure for Bangkok, Thailand. The police authorities apprehended them when they were found to be in possession of two pieces oval-shaped C-4 plastic explosives and five pieces detonating cords.
The following day, on March 14, 2002, an information was filed against petitioner and his two companions in the Regional Trial Court of Pasay City, Branch 117, for violation of PD 1866 (illegal possession of firearms and ammunition), as amended. The accusatory part of the information read:clubjurisvirtua
That on 13 March 2002, in Pasay City, Philippines, and within the jurisdiction of this Honorable Court, said accused, conspiring and confederating, together and mutually helping one another, with intent to possess, did then and there, willfully, unlawfully and feloniously have in their possession, custody and control, incendiary devices capable of producing destructive effects on contiguous objects and/or causing injury or death to persons without the necessary license and authority to possess the same, viz. : two (2) pcs. oval shaped C-4 plastic explosives and five (5) pcs. detonating cords.
CONTRARY TO LAW.1 red
The case was docketed as Criminal Case No. 02-0576.
On March 19, 2002, a charge sheet was filed by the special prosecutor of the Bureau of Immigration against petitioner and his two co-accused, docketed as D.C. No. ADD No. 02-004, for violation of section 37 (a) (7) of the Philippine Immigration Act of 1940, as amended. The charge sheet read:clubjurisvirtua
The undersigned Special Prosecutor charges for deportation, AGUS DWIKARNA, ABDUL JAMAL BALFAS and TAMSIL LIN RUNG all Indonesian nationals for violation of Sec. 37 (a) (7) of the PIA of 1940, as amended, committed as follows:clubjurisvirtua
That herein respondents were arrested at the NAIA on 13 March 2002 at about 7:25 p.m. for violation of P.D. 1866 by joint elements of PNP, IG, NICA, BID, PAF-AISG in cooperation with ASG, PNP and under the supervision of TASK FORCE SANGLAHI.
That on or about 7:15 PM March 13, 2002 the trio, AGUS DWIKARNA, ABDUL JAMAL BALFAS and TAMSIL LIN RUNG entered the International Terminal 1, Pasay City, and submitted themselves for routine security check. However, during the course of the inspection by the IRASCO personnel, PNP-ASG, the pieces of luggage of the trio yielded components for making improvised explosive devices (IEDs) without necessary and legal authority to possess the said items.
That consequently the corresponding charge for violation of PD 1866 was filed before Pasay City prosecutor. Office and Inquest Prosecutor Bernabe Augustus C. Solis ordered their detention with the PNP Intelligence Group.2 red
On March 25, 2002, the charge sheet was amended and petitioner and his co-accused were further charged with violation of section 37 (a) (8) of the same Act. The amended charge sheet read:clubjurisvirtua
The undersigned Special Prosecutor charges for deportation, AGUS DWIKARNA, ABDUL JAMAL BALFAS, TAMSIL LIN RUNG all Indonesian nationals for violation of Sec. 37 (a) (7) of the PIA of 1940, as amended, committed as follows:clubjurisvirtua
That herein respondents were arrested at the NAIA on 13 March 2002 at about 7:25 p.m. for violation of P.D. 1866 by joint elements of PNP, IG, NICA, BID, PAF-AISG in coordination with ASG, PNP and under the supervision of TASK FORCE SANGLAHI.
That on or about 7:15 PM March 13, 2002 the trio AGUS DWIKARNA, ABDUL JAMAL BALFAS, TAMSIL LIN RUNG entered the International Terminal 1, Pasay City, and submitted themselves for routine security check. However, during the course of the inspection by the IRASO personnel, PNP-ASG, the pieces of luggage of the trio yielded components for making improvised explosive devices (IEDs) without necessary and legal authority to possess the said items;
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