REPUBLIC OF THE PHILIPPINES

FIFTH JUDICIAL REGION

MUNICIPAL TRIAL COURTS IN CITIES
NAGA CITY, BRACH 3

IN THE MANNER OF
PETITION FOR HABEAS
CORPUS OF CARDO
DALISAY

ALYANA DALISAY
Plaintiff,
-versus- S.P Case No. _________
For: Habeas Corpus
POLICE OFFICER RIGOR
DIMAGUIBA
Respondent,
x-------------------------------------------------------------------------------------------------x
VERIFIED PETITION FOR
HABEAS CORPUS

Petitioners ALYANA DALISAY, through the undersigned counsels,

respectfully states:

I.
NATURE OF THE PETITION
1. This is a Verified Petition for Habeas Corpus filed pursuant to Rule
102 of the Revised Rules of Court. This Petition seeks for a judicial order
directing respondent Police Officer Rigor Dimaguiba to appear before this
Honorable Court and produce the body of Cardo Dalisay, and, after due
proceedings in the instant case, discharge Cardo Dalisay from confinement
or detention.
II.
PARTIES
2. Petitioner ALYANA DALISAY, is of legal age, a Filipino citizen,
married, and a resident of Pulang Araw, Magarao, Naga City. She is the wife
 of Cardo Dalisay whose liberty is currently being restrained by the
Respondent. The petitioner may be served with notices, orders, subpoena,
and other papers from this Honorable Court through the undersigned counsel
with office address at ABC Law, Panganiban Drive, Naga City.
3. Respondent, POLICE OFFICER RIGOR DIMAGUIBA, is, on
information, of legal age, a Filipino citizen, and with office address at Naga
City Police Station 10, Diversion Road, Concepcion Pequena, Naga City,
Camarines Sur, 4400.

III.
STATEMENT OF FACTS / DISCUSSION
4. On 13 January 2024, Petitioner was taken from his residence by police
officers from Naga City Station 10, and since then confined, restrained and
deprived him of his liberty at the said police station.
5. That in spite of the fact that Petitioner has been confined for nearly six
(6) months, no formal complaint or accusation for any specific offense has
been filed against him nor any judicial writ or order for his commitment has
at any time been issued so far.
6. Petitioner did not commit any offense for which he may be arrested or
deprived of his liberty without any formal charge or judicial warrant.
7. On information, Cardo Dalisay is still being unlawfully detained and
deprived of his liberty at Naga City Police Station 100 at Diversion Road,
Concepcion Pequena, Naga City, by order and at the behest of Police Officer
Pedro Penduko.
8. There being no martial law in the Philippines, the confinement of
Cardo Dalisay under the above-mentioned circumstances is utterly illegal.

RELIEFS
WHEREFORE, Petitioner prays that this Honorable Court: (a) issue a Writ
of Habeas Corpus directing the respondent Police Officer Rigor Dimaguiba
to appear and produce the body of Cardo Dalisay at the hour and date
designated by the Honorable Court, and (b) after due proceedings, a
judgement be rendered ordering respondent to discharge Cardo Dalisayfrom
confinement.
Other reliefs, just and equitable under the foregoing premises, are likewise
prayed for.
Naga City, Philippines. 20 June 2024.

ATTY. JUAN DELA CRUZ

PTR No.
IBP No.
Roll of Attorneys No.
MCLE Compliance
 VERIFICATION AND CERTIFICATION
OF NON-FORUM-SHOPPING

I, CARDO DALISAY, of legal age, Filipino, and a resident of Pulang

Araw, Magarao, Naga City, after having been sworn in accordance with the
law, hereby depose and state:
1. I am the Plaintiff in the above-entitled case.
2. I caused the preparation and filing of the foregoing
Complaint.
3. The said Complaint was not filed to harass, cause
unnecessary delay, or needlessly increase the cost of
litigation.
4. I have read and understood the contents of the same and
that the allegations stated therein are true and correct to
the best of our knowledge and based on authentic
records.
5. I further attest that the factual allegations therein have
evidentiary support or, if specifically, so identified, will
likewise have evidentiary support after a reasonable
opportunity for discovery.
6. I have not heretofore commenced any other action or
filed any claim involving the same issues in any court,
tribunal, or quasi-judicial agency, and to the best of our
knowledge, no other claim is pending therein. If I should
thereafter learn that the same or similar claim has been
filed or is pending, I undertake to report such fact to this
Honorable Court within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto set our

hands this 25th day of June 2024 in Naga City,
Philippines.

ALYANA DALISAY

SUBSCRIBED AND SWORN to before me, this 20th day of May 2024 in
Naga City, Philippines. Affiant exhibited to me his Passport No. E12345678Z
bearing his photo and signature, to prove to me that he is the same person who
signed the foregoing Verification and Certification of Non-Forum Shopping.

NOTARY PUBLIC
Doc. No. ____
Page No. ____
Book No. ____
Series of 2024