Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch __, Manila

In the Matter of the

Petition for the Habeas Corpus of
Romeryan Bernardo Del Rosario
S.P. Proc. No._________
HABEAS CORPUS
ROMERYAN BERNARDO DEL
ROSARIO,
Petitioner.
x----------------------------------x

PETITION
COMES NOW, Petitioner, in the above-entitled case, through the
undersigned counsel, and to this Honorable Court most respectfully
represents that:

1. On the night of December 10, 2017, ROMERYAN BERNARDO

DEL ROSARIO was served with a Warrant of Arrest for the crime
of Rape under Art. 266-A par. 1(a) and the name to be arrested is one
RYAN DEL ROSARIO @ “KUYA” and was taken from his
residence by the Cavite City Police;

2. Petitioner ROMERYAN BERNARDO DEL ROSARIO was

shocked as to why he was to be arrested since he knew nothing of the
crime and that his name was not RYAN DEL ROSARIO nor his alias
was “KUYA”;

3. However, he did not resist the arresting officers out of fear of incurring
liability and out of respect to the arresting officers. He then
immediately contacted his family members to seek legal assistance;

4. Upon perusal of the records in Criminal Case No. 17-332225 for

Rape under Art. 266-A par. 1(a), it can be seen that there has been a
mistake in his arrest and a mistake in the identity of the real RYAN
DEL ROSARIO;

5. Based on the narrations of the Complainant she was with the Accused
and his live-in partner at around 1:00 am when the crime happened,
logic dictates that a girl of such tender age was there for the reason that
she trusted and knew them very well. Hence, the Complainant’s
knowledge of details and other information regarding the Accused and
 his live-in partner are very comprehensive and should be given
credence;

6. In stating that there has been a mistake in the arrest of the Petitioner,
it is stated, first and foremost, that it is apparent that the Complainant
in the above titled case knew that the name of the Accused is RYAN
DEL ROSARIO @ “KUYA”, however, the Petitioner’s name is
ROMERYAN DEL ROSARIO @ “ILONG” due to his large nose
or “NEGRO” or “NATIVE” due to his dark complexion. In all of
the allegations of the Complainant the name of the perpetrator was
named as RYAN DEL ROSARIO @ KUYA, from the Sworn
Statement of the Complainant, the Complaint Sheet, up to the
Information filed by the Prosecutor;

7. The NSO birth certificate as well as the Certificate of Live Birth

issued by the Local Civil Registrar is herein attached in order to prove
that the name of the Petitioner is ROMERYAN DEL ROSARIO and
not RYAN DEL ROSARIO and are aptly labelled as ANNEXES “A”
and “B”, respectively. The Sworn Statement of the Complainant, the
Complaint Sheet, and the Information are also herein attached as
ANNEXES “C”, “D”, and “E”, respectively;

8. Second, is that the Complainant knew that the perpetrator lived and
stayed in Gagalangin, Tondo, Manila and not in Cavite, however, the
Petitioner’s residency as well as domicile are in Cavite City and never
Tondo, Manila. In the allegations of the Complainant, the Accused as
well as his live-in partner both have houses in Tondo, Manila, however,
the Petitioner and his live-in partner have always resided in Cavite City.
In the attached Birth Certificate from the Local Civil Registry, he was
born in Cavite City and the herein attached Barangay Clearances and
Police Clearance obtained in 2010 shows that he is, and has always
been a resident of Cavite City. Also, he has resided and continued to
reside in Cavite City since his birth and also a bona fide registered voter
in Cavite City. The Barangay Clearances as well as Police Clearance
and Voter Certification is herein attached as ANNEXES “F”, “F-
1”, “G”, and “H”, respectively;

9. Third, is that in the Sworn Statement of the Complainant, she also

knew the live-in partner of the Accused and was named as JUVY
IBASAN @ ATE JUVY, however, the live-in partner of the
Petitioner is one JERNIE PURIFICACION @ “NINI” or
“NIENIE”, since 2004, and they have a child since then who is now
14 years of age named Micaella Nicole Purificacion Del Rosario. A
copy of the Affidavit of Truth executed by Jernie Purificacion is
herein attached as ANNEX “I”;

10. Fourth, is that in the Sworn Statement of the Complainant under item
no. 4, she was made to describe the Accused, her reply was as, to wit:
 “S: Kasalukuyang ka-live-in ng kaibigan ng tatay ko na si “ATE
JUVY” na kapitbahay namin sa Avellana Street. Medyo
matangkad, me katamtamang laki ng pangangatawan,
kayumanggi, pina-unat ang buhok, medyo singkit at mga
nasa treinta o higit pa ang edad.”

11. It is apparent that the Complainant knew fully well how the Accused
looks like, however, the Petitioner is and has always been thin, has dark
complexion, has a natural straight to wavy hair, and has ROUND
EYES. A picture of the Petitioner is herein attached showing his facial
features as well as a picture from a Police Clearance obtained in 2010
and labelled as ANNEXES “J” and “K”, respectively. In a scientific
journal found in
http://jov.arvojournals.org/article.aspx?articleid=2137642, the
Abstract for the The Use of the Eyes for Human Face
Recognition Explained Through Information Distribution
Analysis, states that:

“During face recognition human gaze predominantly

centers on the eye region (Barton et. al., 2006), with human
decisions preferentially based on the eyes' visual
information (Schyns et. al., 2002; Peterson et. al., 2006).
The reason behind this strategy, however, is largely
unknown. We previously showed using ideal observer
analysis that the eye region contains the greatest amount
of objective diagnostic information (Peterson et. al.,
2007).”

12. It is apparent that if it is really the Petitioner herein is the perpetrator,

the Complainant would not have indicated in her Sworn Statement that
the perpetrator is “medyo singkit” (slightly chinky eyed), “may
katamtamang laki ng pangangatawan” (medium built)
“kayumanggi” (brown skinned) and “pina-unat ang buhok”
(rebounded hair) since the Petitioner has big round eyes, is very thin,
has dark toned skin, and naturally straight to wavy hair. This shows a
very large disparity in the physical attributes of the real Accused versus
the Petitioner herein which obviously shows that the person identified
by the Complainant is completely different from the detained person;

13. The only link of the Petitioner to the criminal case is that he had a hit
in the records of the National Bureau of Investigation showing he had
a previous case for Serious Physical Injuries due to an altercation which
was committed, filed, prosecuted, sentenced, and served in Cavite City.
However, even then, the records of the NBI was erroneous since it
showed that his name was RYAN DEL ROSARIO while his alias was
listed as ROMERYAN or ROMER YAN. Such was untrue since
ROMERYAN is his real name while his aliases were really “ILONG”,
“NEGRO” or “NATIVE”. It can be shown that there are several
persons all named Ryan Del Rosario with a hit in the NBI since RYAN
is such a common name and DEL ROSARIO is, admittedly, a very
 common surname in the Philippines. A copy of the NBI hits are
attached herein as ANNEX “L” series;

14. Lastly, in relation to the abovementioned case of the Petitioner, he

applied for probation upon the termination of the case for Serious
Physical Injuries which was granted by MTC Branch 2 of Cavite City
and was terminated only on September 15, 2009. The alleged rape
was, based on the Complainant, committed on March 2009 at Tondo,
Manila. However, under P.D. 968 or the Probation Law the
Conditions of Probation are as follows:

Section 10. Conditions of Probation. Every probation order

issued by the court shall contain conditions requiring that the
probationer shall:

(a) present himself to the probation officer designated to

undertake his supervision at such place as may be specified in
the order within seventy-two hours from receipt of said order;

(b) report to the probation officer at least once a month at

such time and place as specified by said officer.

The court may also require the probationer to:

(a) xxxx
(b) xxxx
...
(j) reside at premises approved by it and not to change
his residence without its prior written approval; or

15. Hence, it is apparent that under the rules of the Probation Law, that
the Petitioner Romeryan Del Rosario reported every month to the
Probation Officer for one (1) year and eight (8) months or until
September 15, 2009 while he is residing and staying ONLY in Cavite
City as he is under the direct supervision of the Court as well as the
Probation Officer. As narrated by the Complainant, she was allegedly
raped on March 2009, on which date, there is an impossibility for the
Petitioner to reside and have two (2) houses along with his live-in
partner in Tondo, Manila and establish a life there while being under
probation in Cavite City, moreso establish himself in the community
and commit the crime of rape. The Order from the Judge of MTC Br.
2 terminating his Probation on September 15, 2009 is herein attached
and aptly labelled as ANNEX “M”;

16. In many Supreme Court cases, it has always been said that:

“Here is yet another instance where the Court, aware as it is of the

persistent calls of the public for the conviction of society's misfits,
finds itself constrained to apply the maxim "Better to free a guilty
man than to punish the innocent." In a recent decision, the Court
 aptly stated: “It is better to liberate a guilty man than to unjustly
keep in prison one whose guilt has not been proved by the
required quantum of evidence.” (Peo. Vs. Geron, G.r. 113788)

17. This case is one of such illustration. The statements made above clearly
shows that the Petitioner ROMERYAN DEL ROSARIO is innocent
of the crimes imputed at him, rather, there was only a mistake in the
arrest and mistake in identity. It would be great injustice if he will be
continued to be incarcerated and suffer the consequences of the crime
of rape, if in the outset, there is no proof of having the same identity
as the Complainant stated;

18. There being no martial law in the Philippines, the confinement of

Petitioner under circumstances above narrated is utterly illegal.

PRAYER

WHEREFORE, Petitioner most respectfully prays of this Honorable

Court that the Cavite City Police or Manila City Police, or whoever acts in
their place or stead, be directed to produce the body of Petitioner, and explain
forthwith why Petitioner should not be set at liberty without delay.

Other relief just and equitable are likewise prayed for.

By:

NEMUEL RESURRECCION CAMARSE

Counsel for the Plaintiff

Roll No. 69395

IBP No. 003320; 05.11.2017
PTR No. CVT 0369759; 08.16.2017
MCLE Compliance No.: New Lawyer
Mobile : 09178036938
Email: [email protected]
Republic of the Philippines )
Cavite City, Province of Cavite ) S.S.

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING
I, ROMERYAN BERNARDO DEL ROSARIO, Filipino, of legal age,
after having been duly sworn in accordance with law, depose and state that:

1. I am the Petitioner in the above-stated Petition for the Issuance of

Writ of Habeas Corpus;

2. I caused the preparation of the foregoing Petition;

3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis of copies
of documents and records in my possession;

4. I have not commenced any other action or proceeding involving the

same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;

5. To the best of my knowledge and belief, no such action or

proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;

6. If I should thereafter learn that a similar action or proceeding has

been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this ___th

day of __________, 2017 in Cavite City, Province of Cavite, Philippines.

ROMERYAN BERNARDO DEL ROSARIO

Affiant

SUBCRIBED AND SWORN TO BEFORE ME this ___th day of

_______ 2017 in Cavite City, Province of Cavite, Philippines, affiant
exhibiting to me his competent evidence of identity by way of his
________________________.

Doc. No. ___;

Page No. ___; Notary Public
Book No. ___;
Series of 2017.
 NOTICE OF HEARING

To: Branch Clerk of Court

RTC Br. __, City of Manila

Warmest greetings! Please take note that the foregoing Motion shall be
submitted for the consideration and approval of the Honorable Court on
____ day of _____ , 2017, _______ at ____, motion day.

NEMUEL RESURRECCION CAMARSE

Copy furnished via registered mail with return card:

MARY CRIS GUNGON

Manila City

Explanation

Copy of this Motion was served to the abovementioned concerned party

via mail with return card due to lack of manpower complement.

NEMUEL RESURRECCION CAMARSE