REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FIRST JUDICIAL REGION BRANCH 60 BAGUIO CITY In the Matter Petition

of AMOR POWER, - versus HABEAS CORPUS The Chief Of Ormoc City Police Of Defendant . of the SPEC. PROC. CASE NO. 7369-R For

ANSWER

The undersigned defendant in the above-entitled case hereby makes due return of the writ of Habeas Corpus issued by this Court on February 23, 2009, and by way of answer, most respectfully states: 1) That the herein respondent has Amor Power under restraint in the police detention cell at the Ormoc Police Department headquarters, pending completion of and transfer to the city jail now under reconstruction; 2) That the herein respondent caused the apprehension of the said Amor Power on January 30, 2009, and the authority, the true, and the whole story and cause of the said restraint of the said person are the following, to wit: a) That said party, Amor Power, was apprehended and placed under police custody on suspicion of having smuggled unlicensed firearm found abandoned in an army bag at the corner of Teresa and Magallanes Streets, this city, reported by a person to have been carried by said Amor Power; That in the evening of January 30, 2009, while investigation of the detainee was being conducted, the Warrant Section of the Ormoc City Police Department

b)

discovered among its files a warrant for the arrest of said Amor Power issued by the Regional Trial Court of this city, Branch II, in Criminal Case No. 1234 entitled People of the Philippines vs. Amor Power for the crime of Assault upon a person in Authority; c) That in the above-mentioned criminal case, the detainee has not posted a bond for her provisional liberty up to the present time; That said detainee has been detained temporarily in the police detention cell of the Ormoc City Police Department in view of the destruction through fire of the Ormoc City Jail; That a copy of the warrant of arrest issued against Amor Power is Criminal Case No. 1234 entitled People of the Philippines vs. Amor Power commanding her apprehension, is hereto attached as Annex A made an integral part of this return and answer.

d)

e)

PRAYER
WHEREFORE, all the foregoing premises considered, it is respectfully prayed that the petition for Habeas Corpus be dismissed, and that the said Amor Power be ordered to remain in the custody of the Ormoc City Police Department. Other relief's, just and equitable under the premises are likewise prayed for. RESPECTFULLY SUBMITTED this 5th day of March 2013, Baguio City, Philippines. VIVAS AND ASSOCIATES LAW OFFICES Counsel for the Defendant 2nd Floor Cuevas Bldg., Hill Avenue, Baguio City by: ANGELICA F. VIVAZ Of Counsel

Roll No. 53516; May 3, 2008 PTR No. 486686; 01.11.2013; Baguio City IBP Member 844018; 01.10.2013; Baguio City MCLE Cert. of Compliance No. IV-0000732; 09.08.2012; Pasig City Copy furnished by registered mail with registry return card: Atty. Mark De Guzman De Guzman Law Office Rm. 209 JM Dominguez Bldg, Gen. Luna Road, Baguio City EXPLANATION Copy of the foregoing Answer was served through registered mail because of time constraint and due to distance and lack of office personnel who can serve the same in person. ANGELICA F. VIVAZ