Tuesday 12 December, 2017
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SC denies amparo petition for release of detained undocumented alien

The Supreme Court (SC) has denied the petition for a writ of amparo filed by an unrelated person seeking the release of detained undocumented alien Danielle Tan Parker.

In a recent 9-page en banc decision, the SC said the petition of Lorie Marie Tomas Callo had no merit because the privilege of the protection order that covers only extralegal killings, enforced disappearances, and threats to that effect.

The SC noted that “there is no refusal to acknowledge the deprivation of freedom or refusal to give information on the whereabouts of Parker,” since it is known that she is detained at the Immigration Detention Facility of the Bureau of Immigration (BI) pending a criminal case against her.

“Simply put, we see no enforced or involuntary disappearance, or any threats thereof, that would warrant the issuance of the writ of amparo,” read the decision penned by Associate Justice Antonio Carpio.

The High Court also said that Callo failed to prove that authorities wrongfully detained Parker as she was confused with another person.

The SC noted that Callo failed to state her relationship to Parker, which meant she had no legal standing to file the petition.

Parker was charged on January 15, 2013 for deportation for being an undesirable, undocumented and overstaying alien. Authorities said she was the same person as Danielle Nopuente, who was a fugitive with an outstanding arrest warrant in the United States. Although Parker held a purported Philippine passport, she did not appear in the list of approved applications for dual citizenship.

Parker was arrested in Tagaytay City on June 5, 2014 and has been detained since in Taguig City, as she was charged with falsification and use of falsified documents before the Davao City Municipal Trial Court in Cities (MTCC) Branch 4.

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