Republic of the Philippines SUPREME COURT

Manila

IN THE MATTER OF THE APPLICATION FOR HABEAS CORPUS IN BEHALF OF CAPTAIN GERONIMO AMERIKA MELINDA AMERIKA, Petitioner,

- versus - G.R. No_______________________

COL. MANUEL ROGA Chief of the Military Intelligence Service Group, Camp Crame Respondent. x---------------------------------------------------------x

PETITION

COMES NOW the Petitioner, by the undersigned attorney, and unto this

Honorable Court, respectfully avers:

1. That petitioner Melinda Amerika is of legal age, Filipino citizen, is the wife

of Captain G. AMERIKA, a resident of 110 Capitol Hills Drive, Old Balara,

Quezon City, Philippines, while respondent is the incumbent Chief of

Military Intelligence Service Group, also of legal age and may be served

summons, writs and all orders of this Honorable Court at his office address at

Camp Crame, Quezon City, Philippines;

2. That sometime in the afternoon of November 1, 2015, Captain G. Amerika of

the PNP, Quezon City, while holding a gun was taken into custody by the

said respondent for alleged participation in a robbery with homicide in

Himlayang Pilipino, Quezon City;

3. That Captain G. America is actually restrained of his liberty by the

respondent Col. M. Roga at Camp Crame;

4. That Captain G. Amerika was arrested without a warrant of arrest and

detained at Camp Crame without criminal charges being filed against him

before the proper judicial authorities despite the lapse of twelve (12) days;

5. That Captain G. Amerika did not participate in any alleged robbery with

homicide; hence his arrest and detention is without any lawful cause;

6. That such restrain of liberty of the petitioner by the respondent is therefore

without any legal authority;

7. That petitioner through counsel has exhausted all efforts available at law but

to no avail, and that he has no other plain, speedy, and adequate remedy to

protect his personal rights and secure his personal liberty except by his

application for a Writ of Habeas Corpus.

PRAYER

WHEREFORE, petitioner most respectfully prays that a Writ of Habeas Corpus

be issued by this Honorable Court, directed to respondent Col. M. Roga, commanding the

latter to produce the body of Captain G. Amerika before this Court and forthwith explain

why he should not be released from detention immediately; and declare his arrest and

detention as invalid and unconstitutional.

Petitioner further prays for such other relief and remedies as this Honorable Court

may deem just and equitable.

Quezon City, Philippines, 13 November 2015.

RHODORA P. REVENTAR

Counsel for Petitioner Roll of Attorneys No. 12345

PTR No. 1234567; 01-02-2015; Quezon City IBP No. 123456; 01-02-2015; Quezon City

VERIFICATION

I, Melinda Amerika, hereby deposes and states that:

I am the petitioner in the above-entitled case;

I have caused the filing of the petition and I have read the same and knows the

contents thereof; That the allegations contained therein are true and correct of my own

personal knowledge.

MELINDA AMERIKA

Petitioner

SUBSCRIBED AND SWORN to before me, this 13th day November 2015, by

MELINDA AMERIKA, exhibiting to her Voter’s ID No. 1234-4321A-B1234CDE10000

issued at Quezon City on March 1, 2012.

MICHAEL SIXTO

Notary Public Until December 31, 2015 Roll of Attorneys No. 54321 PTR No. 7654321; 1/2/2015; QC IBP No. 654321; 1/2/2015; QC

Doc. No. ____________; Page No. ____________; Book No. ___________; Series of ___________.