Republic of the Philippines

REGIONAL TRIAL COURT, Branch 13

Quezon City

ROHANIFAH BIDIN, SP. PROC. NO. 12345

Petitioner, For: WRIT OF HABEAS
CORPUS
- versus -

J/SUPT. FERDINAND PEREZ, WARDEN, QUEZON CITY JAIL,

QUEZON CITY, METRO MANILA, AND ALL OTHER PERSONS
ACTING ON HIS BEHALF AND/OR HAVING CUSTODY OF
YAHYA BIDIN,
Respondents.
x ----------------------------------- x

PETITION FOR WRIT OF HABEAS CORPUS

PETITIONER, by counsel, respectfully states that:

PARTIES

1. Rohanifah Bidin is 41 years old, married to Yahya Bidin, Filipino

citizen and a resident of No. 11, Brgy. Talon-Talon, Zamboanga
City, where she may be served with summons. Yahya Bidin, the
husband of Rohanifah Bidin, has been illegally confined at Quezon
City Jail, Quezon City, Metro Manila since November 10, 2017,
without having been judicially charged under any Information,
Amended Information, or Resolution.

2. J/Supt. Ferdinand Perez is the warden of Quezon City Jail, Quezon

City, Metro Manila, having principal office at the same address,
where he may be served with summons. Respondent also includes
all other persons acting on behalf of J/Supt. Ferdinand Perez and/or
having custody of Yahya Bidin.

STATEMENT OF FACTS

3. On July 19, 2018, Yahya Bidin departed from Manila to Saudi

Arabia. From July 20, 2017 to September 20, 2017, Yahya Bidin
and other Filipinos were allegedly in Saudi Arabia for the Hajj
Pilgrimage. He returned to the Philippines on September 21, 2017.
The foregoing facts are evidenced by the following: (a)
Certification from Saudi Arabian Airlines confirming Yahya
Bidin's departure from and arrival in Manila on board its flights on
said dates, attached as Annex “A”; (b) Flight Manifest issued by

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 the Bureau of Immigration, attached as Annex “B”; and (c) Saudi
Arabian Airlines Ticket No. 0652113, attached as Annex “C”.

4. On November 5, 2017, Yahya Bidin learned that police officers of

Quezon City Police Station, Station 10 suspected him to be Yahya
B. Adiong.

5. Yahya B. Adiong was one of the five (5) accused of the two (2)
counts of murder of Maricar and Maricris Perez on August 1, 2017
in Quezon City, Metro Manila. He had a pending warrant of arrest,
issued by the Regional Trial Court of Quezon City, Branch 13, in
People of the Philippines v. Adiong, Jr., et al. and is charged with
two (2) counts of murder therein.

6. On November 10, 2017, Yahya Bidin presented himself before the

police officers of Quezon City Police Station, Station 10 to clear
his name. There, he explained that he was not Yahya B. Adiong
and that he could not have participated in the August 1, 2017
murder of Maricar and Maricris Perez in Quezon City, Metro
Manila, because he was in Saudi Arabia at that time.

7. To support his allegations, Yahya Bidin presented to the police

officers pertinent portions of his passport, boarding passes and
other documents, tending to prove that a certain a certain Yahya
Bidin was in Saudi Arabia from July 20, 2017 to September 20,
2017.

8. The police officers initially assured Yahya Bidin that they would
not arrest him, because he was not Yahya B. Adiong.

9. Afterwards, however, the police officers apprehended Yahya Bidin

and tore off page two of his passport that evidenced his departure
for Saudi Arabia on July 19, 2017. Evidence of the torn passport is
attached as Annex “D”.

10.They then detained him at Quezon City Jail, Quezon City, Metro
Manila since that date, November 10, 2017, without having been
judicially charged under any Information, Amended Information,
or Resolution.

11.Pieces of evidence are attached to prove that Yahya Bidin is not

Yahya B. Adiong, the one whom a warrant of arrest is issued and
charged of two (2) counts of murder in People of the Philippines v.
Adiong, Jr.. These are as follows:
11.1 Certificate of Live Birth showing the name “Yahya Bidin”,
attached as Annex “E”;

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 11.2 National Bureau of Investigation Clearance dated May 20,
2018, showing that Yahya Bidin has not been charged of any crime
as of the date of the certificate, attached as Annex “F”; and
11.3 Philippine Passport bearing Yahya Bidin's picture showing
the name "Yahya Bidin”, attached as Annex “G”.

12.Rohanifah Bidin has exhausted all efforts legally available and that
there is no other plain, speedy, and adequate remedy to protect the
rights of the Yahya Bidin, except by this application for a Writ of
Habeas Corpus.

PRAYER

WHEREFORE, petitioner respectfully prays that a Writ of Habeas

Corpus be issued by this Honorable Court, directed to the respondents,
commanding the latter to produce the body of Yahya Bidin, before this
Court, at 8:30 in the morning on July 30, 2018; and to summon the
respondents then and there to appear and to show cause of the detention of
Yahya Bidin; and that after due proceedings, Yahya Bidin be restored of his
liberty and forthwith discharged from his illegal confinement.

Other forms of relief just and equitable under the premises are
likewise prayed for.

Quezon City; June 1, 2018.

[SIGNATURE]
Pulido & Tiamson Law Offices
Counsel for Petitioner
Unit 812, One Corporate Centre Condominium, J. Vargas Ave. Cor.,
Meralco Ave, Pasig, Metro Manila

Atty. Roberto R. Pulido

IBP Lifetime No. 1234; Manila
PTR No. 1234; Manila
Roll of Attorney No. 1234
MCLE Compliance No. 123

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Republic of the Philippines)
Quezon City……………...) S.S

VERIFICATION & CERTIFICATION AGAINST FORUM

SHOPPING

I, Rohanifah Bidin, of legal age, Filipino citizen and a resident of No.

11, Brgy. Talon-Talon, Zamboanga City, do hereby state that: I am the
petitioner in the pleading entitled Petition for Habeas Corpus and in such
capacity, caused this Complaint to be prepared; I have read its contents and
affirm that they are true and correct to the best of my own personal
knowledge; I hereby certify that there is no other case commenced or
pending before any court involving the same parties and the same issue and
that, should I learn of such a case, I shall notify the court within five (5)
days from my notice.

IN WITNESS WHEREOF, I have signed this instrument on June 1,

2018.

[SIGNATURE]
Rohanifah Bidin

SUBSCRIBED AND SWORN TO before me in Quezon City on this

day of June 2018, affiant exhibiting before me her Voter’s ID no. 1234
issued on June 6, 2016 at Zamboanga City.

[SIGNATURE]
Atty. Vincent Reyes
Notary Public

Until January 1, 2019

PTR No. 1234
Issued at Quezon City
On May 2, 2007

Doc. No.
Page No.
Book No.
Series of 2018.

Copy furnished through personal service:

Office of the Solicitor General

Counsel for the Defendant
134 Amorsolo Street, Legazpi Village, Makati, Metro Manila
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