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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
Branch 1, Quezon City

IN THE MATTER OF THE


APPLICATION FOR HABEAS CORPUS
IN BEHALF OF MAJOR R. SOLAR

MARY A. SOLAR,
Petitioner,

-versus-

JOSE C. CRUZ,
Superintendent, PHILIPPINE NATIONAL POLICE
Respondent.
x---------------------------------------------------------------------------------------x

PETITION

Petitioner, through undersigned counsel, unto this Honorable Court respectfully


alleges:

1. That petitioner is of legal age, Filipino citizen, is the wife of Major R. Solar,
residing at 177 Mayon, Quezon City; that respondent is the incumbent
Superintendent of the Philippine National Police, Quezon City with office at City
Hall, Quezon City, where he may be served with summons and other court
processes;

2. That on August 30, 2017 Major R. Solar of the PNP, Quezon City while holding
office was arrested by superior police authorities for alleged participation in a
robbery with homicide in Quezon City;

3. That since then Major R. Solar was detained at the Police Sub-Station 5, Quezon
City, without any formal charge filed against him;

4. That Major R. Solar had not participated in the alleged robbery with homicide
hence his arrest and detention is without any lawful cause;

5. That Major R. Solar is restrained of his liberty without due process of law.
PRAYER

WHEREFORE, it is respectfully prayed that this Honorable Court:

1. Order respondent and/or his agents to appear before this Honorable Court
and produce Major R. Solar and forthwith explain why he should not be
released from detention immediately;
2. Declare his arrest and detention as invalid and unconstitutional;.

Petitioner further prays for such other relief and remedy as this Honorable Court
may deem just and equitable.

Quezon City, Philippines, September 23, 2017.

(sgd.)ATTY. MANUEL FRANCISCO


Unit 6, Rose Bldg., Quezon City
IBP No. 123456; 01/12/16
PTR No. 123456; 04/23/16
Roll No. 602697; 3/21/16
MCLE No. V – 002976; 8/16/16
MCLE No. VI – 012978; 1/23/17

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, MARY SOLAR, after being duly sworn hereby depose and state:

a. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or different Divisions
thereof, or any other tribunal or agency.

b. No such action or proceeding is pending in the Supreme Court, the Court of


Appeals, or different Divisions thereof, or any other tribunal or agency.

c. If I should learn that a similar action or proceeding has been filed or is


pending before the Supreme Court, the Court of Appeals, or different
Divisions thereof, or any other tribunal or agency, I hereby undertake to
notify this Honorable Court within five (5) days from such notice.

In witness whereof, I have hereunto set my hands this 23 rd day of September 2017, in
the city of Quezon, Philippines.
(sgd.)MARY A. SOLAR
Petitioner
JURAT

SUBSCRIBED and sworn to before me the notary public for Quezon City, this
20th day of September, 2017 in the City of Quezon. Affiant is identified through her
Professional Driver’s License with License No. 0012345 issued on June 30, 2017 at
Quezon City.

(sgd.)ATTY. SOFIA SANTOS


Appointment No. 123
Until December 31, 2018
IBP No. 123456; 01/12/16
PTR No. 123456; 04/23/16
Roll No. 602697; 3/21/10
MCLE No. V – 002976; 8/16/16
MCLE No. VI – 012978; 1/23/17
Serial No. of Commission M-456

NOTARY PUBLIC
Doc. No. 01;
Page No.56;
Book No.10;
Series of 2017.

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