Benedict Maravilla

The Office of the Solicitor General (OSG) opposed the decision of the Current of Appeals (CA) to free the 81-year-old Prudencio Calubid Jr. who was mistakenly identified as an insurgent with the same name.

Photo Courtesy of Facebook/KARAPATAN.

In a 19-page motion for reconsideration dated June 30, the agency appealed that the CA decision that granted the writ of habeas corpus petition by Calubid’s family and his release be revoked due to the petition’s lack of merit.

“WHEREFORE, in view of the foregoing, Respondents respectfully pray of this Honorable Court to RECONSIDER, REVERSE and/or SET ASIDE its Decision dated June 27, 2025, and a new one be entered, DENYING the privilege of the Writ of Habeas Corpus and DISMISSING the instant Petition for lack of merit,” the motion read.

OSG stated that Calubid failed to contest the legality of his arrest in 2024 at the earliest opportunity and voluntarily submitted to the jurisdiction of the trial court by undergoing arraignment, making the said defect of his arrest “cured” of law violations.

Opposition to OSG’s motion

In a press release on July 6, rights group Karapatan slammed OSG’s motion for reconsideration because it only reiterates the false claims of the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) that they did an extensive investigation.

“It is utterly devoid of substantive issues. The OSG’s motion for reconsideration harps on technicalities and merely repeats the PNP-CIDG’s false claims that it had conducted ‘extensive investigation and intelligence gathering’ to verify Calubid’s identity,” Karapatan Secretary General Cristina Palabay said.

She added that the OSG should focus on ‘better’ things, rather than jailing an “innocent, old, and ailing man just to save face”.

Identity of the real suspect 

In a separate press release on June 28, Karapatan stated that Calubid Jr. was imprisoned for being the namesake of a certain Prudencio Calubid, a consultant of the National Democratic Front of the Philippines (NDFP) with a Php 7.8-million bounty on his head.

The said revolutionary has been missing since 2006 after he and four others were abducted by state forces in Camarines Sur.

Calubid Jr., on the other hand, is a retired technician from Olongapo City who has lived his entire life in the said town.

Karapatan stated that Calubid Jr. was forced to admit that he was the Prudencio Calubid that they are looking for.

“Under custody, Prudencio Calubid Jr. was constantly pressured by the PNP to admit to being the NDFP consultant despite the former’s presentation of several government-issued documents proving his identity,” the release read.

Calubid Jr. was detained by the police in December 2024 for mistaken identity and was only released six months later on June 28.