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Odicta’s release illegal?

The release of Melvin Odicta Sr. from the National Bilibid Prisons in 1995 continues to be a burning issue among lawyers.
A few night ago, a municipal trial court judge and two lawyers told me the Muntinlupa City RTC executive judge who issued the release order by virtue of a petition for a writ of habeas corpus did so without legal basis.
“If it was an application of the indeterminate sentence law under the new law amending the prison sentences for illegal drugs, then there should have been an application with the Parole and Pardon Board,” the judge said.
It was purely an executive function which needed approval of the President of the Republic, the two lawyers added.
Besides, the three of them echoed my earlier observation — based on Supreme Court decisions — that a petition for habeas corpus is not a proper remedy for convicted felons.
The release order was, in effect, an illegal act overturning the decision of an equal court which was affirmed by the Supreme Court.
It is turning out that Jun Alojado Capulot has succeeded in opening up a huge can of worms that could bring down an empire in Iloilo City.

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