The Court of Appeals (CA) has stopped the release from prison of road rage convict Rolito Go.
This came about after the CA’s 11th Division decided to junk a motion of Go for immediate execution of an order of a lower court to free him pending appeal.
Judge Juanita Guerrero of Muntinlupa City Regional Trial Court (RTC) Branch 204 had ordered the release of Go, saying he has served his sentence.
The ruling of the appellate court dismissing the convict’s petition and penned by Associate Justice Pedro Corales was concurred in by Justices Sesinando Villon and Rodil Zalameda.
Go had filed a petition for a writ of habeas corpus where he stated that he has served his sentence inside the New Bilibid Prisons, the national penitentiary, located in Muntinlupa City (Metro Manila).
The Office of the Solicitor General (OSG) elevated the case before the CA, which concurred in with the RTC ruling that was handed down on August 27, 2015.
On April 5, 2016, Go filed a Motion for Immediate Execution Pending Appeal invoking Section 2, Rule 39 of the Rules of Court and arguing that his advanced age and deteriorating health warrant the appellate court’s exercise of its discretion to release him pending appeal of his case.
He contended that the RTC’s decision in the habeas corpus case is immediately executory to protect persons from unlawful arrest.
But the CA opined that based on records, the OSG already filed with the Supreme Court a petition for review of certiorari assailing the CA decision on the RTC’s August 27, 2015 ruling.
“With this recent development, there is therefore no legal basis to order the immediate release of Go as explicitly mandated by Section 15, Rule 102 of the Rules of Court,” it said.
Further, “it must also be emphasized that there is no discretionary execution of a decision of the Court of Appeals.”
Go was sentenced up to 40 years of imprisonment by the Pasig RTC in 1993 for killing De La Salle University student Eldon Maguan in 1991 after they figured in a road accident.