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[G.R. No. 150609.December 3, 2001]

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF HUI KWAI FU et al.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 3 2001.

G.R. No. 150609(In the Matter of the Petition for Habeas Corpus of Hui Kwai Fu a.k.a Charles Uy y Gan, Rosalinda Hui.)

This petition for habeas corpus was filed on November 19, 2001 by Rosalinda Hui, wife of Hui Kwai Fu, a.k.a. Charles Uy y Gan, who is allegedly being detained by the National Bureau of Investigation without lawful cause.

Petitioner narrates that around 10:30 P.M. on November 6, 2001, Uy came out of the Sugar Dynasty Restaurant (which he co-owns with his wife) in Ermita, Manila to check on his Toyota Revo. The vehicle had allegedly been borrowed by a certain Allan Lee ¹ Spelled as "Alan Lee" in the affidavit of arrest.Rollo, pp. 7-8. earlier that day and returned that evening, in Uy's absence.

Petitioner claims that after Uy opened the Revo by remote control, a woman suddenly opened the door and took what looked like a plastic bag from inside.She then walked towards a passenger jeep but was held by a man with a gun and made to board the Revo.Another armed man accosted Uy, who was later on also forced to board the Revo despite his protests.

Uy was brought to the office of the National Bureau of Investigation's Special Task Force and detained at the NBI detention cell, where he remains up to the present.The two armed men were identified as members of the NBI-STF.

From the affidavit of arrest filed on November 7, 2001 by the arresting officers, it appears that Uy was arrested on the basis of information received by NBI agents on October 6, 2001, at around 7:00 P.M.NBI informants allegedly arranged for the purchase of one kilogram of methamphetamine hydrochloride or shabu, with one Allan Lee and one John Sy.The sale was to be consummated at the parking lot of Heritage Hotel along Roxas Boulevard at 8:30 P.M. on the same date.A buy bust operation was thereafter planned.

The two informants together with NBI Special Investigators Eric C. Isidoro and Charlemagne Q. Veloso, posing as buyer and driver, respectively, proceeded to Heritage Hotel.At around 8:30 P.M., Lee called up one of the informants and instructed her to go in front of the hotel.The informant did so and came back with Shi Hui Tsing, a.k.a. John Sy y Chua.Sy was shown the money and after he had counted the same, he went inside the hotel with one of the informants to get instructions from Lee.

Isidoro, Veloso, Sy, and the informants then went to Cowboy Grill Restaurant on Mabini Street, Ermita, Manila.They waited in front of the restaurant.The group was tailed by several other NBI operatives.

At around 11:00 P.M., Charles Uy allegedly approached Isidoro's vehicle and was greeted by Sy.The latter introduced Uy as the buyer of shabu.Uy gave Isidoro a car key and told him to get the shabu inside a green Toyota Revo parked in from of Cowboy Grill.

Isidoro did as told and upon seeing the plastic bag with white crystalline granules inside the Revo, he gave the pre-arranged signal to the other NBI agents who immediately arrested Sy and Uy.The latter allegedly tried to escape but was promptly restrained by the agents.On the other hand, Lee eluded arrest at the Heritage Hotel.Sy and Uy were brought to the NBI-STF office.

Chemical tests done on November 7, 2001 on the crystalline substance found by the NBI agents inside the Revo showed that the substance was shabu.

Inconsistencies are readily apparent from the narrations of petitioner and the NBI agents, on the following points:(1) the date Uy was arrested; (2) the place of arrest; (3) the circumstances leading to his arrest; and (4) the cause of his arrest.The booking sheet and arrest report filed with the NBI does not contain said information; the spaces provided therefor had not been filled up.

Inquest proceedings were allegedly conducted on November 7, 2001 while an Information for violation of Section 15 of Republic Act No. 6425 ² Otherwise known as the Dangerous Drugs Law.Section 15 thereof concerns the penalty for the sale, administration, dispensation, delivery, transportation, and distribution of regulated drugs. was allegedly filed against Uy only on November 15, 2001.If Uy was indeed arrested on October 6, 2001, why were inquest proceedings done only a month later on November 7, 2001?Why was the affidavit of arrest executed only on November 7, 2001 and not immediately after Uy's supposed arrest on October 6, 2001? Chemical tests were only done on the shabu allegedly found in the Revo also on November 7, 2001, a month after it was seized by the NBI agents.

Indeed, the narration of facts surrounding this case, even that made by NBI agents, raises more questions than answers.This being so, we find it proper to issue the writ of habeas corpus as prayed for, to enable the concerned authorities to explain the nature and cause of Charles Uy's arrest and continued detention.

WHEREFORE, we hereby resolve:[1] to ISSUE the Writ of Habeas Corpus, and in this regard, (a) to ORDER the Executive Judge of the Regional Trial Court of Manila to immediately raffle this case among the incumbent judges thereof; and (b) to REQUIRE the Judge to whom this case is raffled to SET the case for HEARING five days after the date of the raffle, try and decide the case on the merits, and forthwith FURNISH this Court with a copy of his decision thereon; [2] to ORDER National Bureau of Investigation Special Task Force Agents and Special Investigators Anthony Y. Yu, RommelJ. Vallejo, Dominador M. Villanueva, III, Eduardo T. Villa, Eric C. Isidoro, Charlemagne Q. Veloso, Romeo Aradanas, Jr., Job Gayas, Edgardo C. Kawada, Ariel Fernandez, and HA Mariano E. Panganiban, to make a RETURN of the Writ one day before the date of the hearing to be set by the Regional Trial Court of Manila, and to APPEAR PERSONALLY and PRODUCE the person of Hui Kwai Fu, a.k.a. Charles Uy y Gan on the date and time of the hearing to be set, before the Judge to whom this case will be raffled, and [3] to DIRECT the Director General, Philippine National Police, through his authorized representative(s) to SERVE the Writ and make a RETURN thereof as provided by law, and for his duly authorized representative(s) to APPEAR PERSONALLY and ESCORT the person of Hui Kwai Fu, a.k.a. Charles Uy y Gan at the date and time of hearing to be set.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court

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