Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
BRANCH ___
Dumangas, Iloilo, Philippines

JUAN KAPI Special Proceedings No.:

Petitioner, ___________________

-versus- For:

PETITION FOR THE

PAULO EDGECOMB, Warden, ISSUANCE OF WRIT OF
Bureau of Jail Management and HABEAS CORPUS
Penology, Iloilo District Jail – Male
Dormitory
Respondent.
x--------------------------------------x

PETITION FOR THE ISSUANCE OF A

WRIT OF HABEAS CORPUS

COMES NOW, the Petitioner, through the undersigned counsel,

respectfully states, THAT:

1. The Petitioner, JUAN KAPI, is of legal age, Filipino and a resident of

Brgy. Parara Sur, Tigbauan, Iloilo, Philippines;

2. The Respondent PAULO EDGECOMB is the Warden of Bureau of Jail

Management and Penology, Iloilo District Jail – Male Dormitory and
may be served with summons, writs, and all orders of the Honorable Court at
his office address at Barangay Nanga, Pototan, Iloilo;

3. The Petitioner is currently detained in Bureau of Jail Management and

Penology, Iloilo District Jail – Male Dormitory, Brgy. Nanga, Pototan,
Iloilo without any lawful ground;

4. The Petitioner has been detained since January 1, 2024 until the present day
as stated in the attached Certificate of Detention issued by SENIOR JAIL
WARDEN BRUTUS HAWIL which forms part of this Petition and marked
as Annex “A”;
5. On December 7, 2023, the arresting officers came to the residence of the
Petitioner, for the purpose of serving a Warrant of Arrest against a certain
Feitan Portor for the said person was a previous resident of the said place;

Page 1 of 5 І Petition for the Issuance of a Writ of Habeas Corpus

 6. However, the arresting officers falsely arrested the Petitioner, JUAN KAPI,
who only bought the said property in which he was arrested a few months
earlier. The Petitioner purchased the said property from Mr. Portor;

7. After the arresting officers arrested the Petitioner, they declared in their
Affidavit of Arrest that they have arrested Mr. Feitan Portor;

8. Yet, the real name of the Petitioner is JUAN KAPI and a mere glance of the
Warrant of Arrest would lead to a conclusion that, FEITAN PORTOR is a
completely different person from the Petitioner;

9. For proof of the identity of the Petitioner, attached in this Petition are his
Certificate of Live Birth issued by the Philippine Statistics Authority, hereto
attached as Annex-“B” and his Philippine Passport issued by the Department
of Foreign Affairs, hereto attached as Annex-“C”. In his Certificate of Live
Birth, it is clearly indicated that his name is “JUAN KAPI”. Moreover, in his
Philippine Passport, which bears his name and photograph, the same name
reflects therein. Additionally, the photograph in the Petitioner’s passport is
identical to the facial features of the Petitioner;

10. Despite of the Petitioner’s denial and insistence that he is JUAN KAPI and
not FEITAN PORTOR as stated in the Warrant of Arrests, still, the members
of the Philippine National Police arrested him by virtue of the said Warrant
of Arrest. For a clear and accurate narration of the Petitioner of the events
that transpired during the day he was arrested, the Judicial Affidavit of the
Petitioner is hereto attached as Annex-“D”.

11. Lastly, the Petitioner has no pending case before any court within the
Philippines, particularly in the City and Province of Iloilo, as evidenced by
the Certifications of No Pending Case issued by the Regional Trial Court of
Iloilo City, Dumangas, Guimbal, Janiuay, and Sara-Barotac Viejo, which are
hereto attached as Annex-“E” to Annex-“E-4”.

PRAYER

WHEREFORE, premises considered, Petitioner most respectfully

prays unto this Honorable Court that a Writ of Habeas Corpus be issued
directing the Respondent, to produce the body of the Petitioner, and to
summon the Respondent then and there to appear and to show cause of the
detention of said Petitioner, and that after due proceedings, the
aforementioned Petitioner be restored of his liberty and be discharged from
confinement.

Other reliefs just and equitable under the premises are likewise prayed
for.

Page 2 of 5 І Petition for the Issuance of a Writ of Habeas Corpus

 RESPECTFULLY SUBMITTED.

Iloilo City for Dumangas, Iloilo, Philippines. March 11, 2024.

RENE AVILES JR.

Counsel for the Petitioner
Second Floor, 9-11 Bldg., Quezon Street, Iloilo City
e-mail: reneavilesjr@gmail.com
PTR No. 7700908/ January 3, 2024 / Iloilo City
IBP No. 132619 / January 4, 2024/ Iloilo City Chapter
Roll of Attorney No. 93002
MCLE Certificate of Compliance dated February 14, 2022
MCLE Compliance No. VII-0009674 valid until April 14, 2025

Copy Furnished:

PAULO EDGECOMB,
Warden, Bureau of Jail Management and Penology, Iloilo District Jail –
Male Dormitory
Barangay, Nanga, Pototan, Iloilo

Received by: ________________

Date Received: __________________

Page 3 of 5 І Petition for the Issuance of a Writ of Habeas Corpus

Republic of the Philippines)
Province of Iloilo ) s.s.
x------------------------------x

VERIFICATION and CERTIFICATION

AGAINST FORUM SHOPPING

I, JUAN KAPI, of legal age, resident of Brgy. Parara Sur, Tigbauan,

Iloilo, Philippines and currently detained at Bureau of Jail Management
and Penology, Iloilo District Jail – Male Dormitory after having been
duly sworn to in accordance with law, do hereby depose and say:
1. I am the Petitioner in the above-stated Petition for the issuance of the
Writ of Habeas Corpus and have caused the preparation of this
Verified Petition;

2. I have read and understood the same and all the contents thereof are
the true and correct of my personal knowledge or based on authentic
documents in my possession;

3. The factual allegations therein have evidentiary support or, if

specifically identified, shall likewise have evidentiary support after a
reasonable opportunity for discovery;

4. Pursuant to 2019 Amended Rules on Civil Procedure, I hereby certify

under oath that I have not commenced any action or file any claim
before the Supreme Court, Court of Appeals or any of its Divisions,
Regional Trial Court, Metropolitan and Municipal Trial Courts, and
any other quasi-judicial or administrative bodies, tribunals or
agencies any similar case involving the same issues;

5. Neither I am aware of any similar case pending before the aforesaid

courts, administrative bodies, tribunals or agencies involving the
same issues raised in the said petition;

6. Furthermore, I hereby certify that in case I learned or become aware

of any case involving the same issue as the instant case pending in
any court, administrative bodies, tribunals or agencies, I undertake to
inform the Honorable Court of the pendency of the said case within
the period of five (5) days from the knowledge thereof; and

7. That the foregoing petition is not filed to harass, cause unnecessary

delay, or needlessly increase the cost of the litigation and that the
factual allegations on the foregoing petition have evidentiary support
after a reasonable opportunity for discovery.

Page 4 of 5 І Petition for the Issuance of a Writ of Habeas Corpus

 IN WITNESS WHEREOF, I have set my hand this ____________ at
Pototan, Iloilo, Philippines.

JUAN KAPI
Affiant
Philippine Passport No. P213312A

SUBSCRIBED AND SWORN to before me this

__________________ at Pototan, Iloilo, Philippines by JUAN KAPI,
personally known to me who is the same person who personally signed
before me the foregoing documents and acknowledged that she executed the
same, and acknowledged that this Verification & Certification is his true and
voluntary act and deed.

Doc. No._____;
Page No._____;
Book No._____; IAN NEPOMNIACHTCHI
Series of 2024. NOTARY PUBLIC FOR THE PROVINCE OF ILOILO
Under Notarial Commission No. 21
Golden Star Building, Pototan, Iloilo
e-mail: iasqches@gmail.com
PTR No. 5723214/ January 5, 2024 / Pototan, Iloilo
IBP No. 395123/ January 4, 2024/ Iloilo City Chapter
Roll of Attorney No. 67699
MCLE Certificate of Compliance dated February 14, 2022
MCLE Compliance No. VII-0009674 valid until April 14, 2025

Page 5 of 5 І Petition for the Issuance of a Writ of Habeas Corpus