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Thursday, March 28, 2024

SC urged to resolve pleas on amparo, habeas corpus writs

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Human rights groups led by Karapatan on Tuesday prodded the Supreme Court to immediately resolve its petition seeking a reversal of the Court of Appeals decision that denied their petition for the issuance of the writs of amparo and habeas against government officials led by President Rodrigo Duterte, in light of the recent killing of community health work and political activist Zara Alvarez.

In an 11-page manifestation filed through lawyer Edre Olalia, Karapatan also pleaded the high court to re-examine its understanding of red-tagging and terrorist-labeling and to consider these as threats “to the people’s rights to life, liberty and security.”

The Human Rights group attributed Alvarez killing to her inclusion in the government’s list of “communist terrorists.”

“Her death proves that being subjected to red-tagging and terrorist-labeling constitutes an actual threat and not merely one of supposition with the likelihood of happening,” the group said.

The petitioner said Alvarez along with murdered peace consultants Randy Malayao and Randal Echanis, were branded as “communists” and “terrorists” by the Department of Justice when their names were included in the petition for proscription that it filed before the Regional Trial Court of Manila in 2018.

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Karapatan said Alvarez’s name was eventually removed in the list along with numerous others but threats to her life, liberty and security did not cease.

On August 17, Alvarez was shot dead by still unidentified assailant while she was walking home in Eroreco Subdivisions, Bacolod City.

Last May 6, 2019, petitioners Karapatan, Rural Missionaries of the Philippines and Gabriela filed a petition for the issuance of the writs of amparo and habeas data before the high tribunal.

Acting on the petition, the SC issued an order on May 24, 2019 directing the CA to conduct hearings and resolve the petition.

On June 18, 2019, the CA’s Fourteenth Division held a three-hour summary hearing on the petition filed by the groups, but the court justices disallowed the petitioners to present testimonial evidence and other documents to prove the allegations and incidents cited in the petition.

Alvarez was among the witnesses who were supposed to be presented by the petitioners to support their petition.

Ten days after, the appellate court dismissed the petition.

Writ of Amparo is a remedy available to any person whose right to life, liberty and security has been violated or under threat while the writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or security has been violated or under threat by the unlawful gathering of information about the person, his or her family and home.

On the other hand, the issuance of a writ of habeas data is being sought by the petitioners to compel the government to disclose and destroy all files or records gathered against their members.

The petitioners lamented that labeling them as fronts of the communist movement by the current administration has resulted to numerous killings, disappearances and other human rights violations against their human rights workers.

“Petitioners submit that the merits of the subject petition be examined in light of these events. It can be recalled that the Court a quo (Court of Appeals) precipitously dismissed the petition with inexplicable skepticism, holding, among others, that ‘there was no evidence that the alleged killings and disappearances are on account of the victims’ membership in organizations tagged as legal fronts’ even without giving petitioners the opportunity to present such evidence. Petitioners were, in effect deprived of their fundamental right to due process,” the petitioners pointed out.

“Alvarez’ untimely demise is precisely what petitioners sought to prevent by coming to court. Nevertheless, they continue to hope that the protection she was never given be extended to them – especially at a time when the promotion and defense of human rights is susceptible to being wrongfully interpreted, suppressed and punished by the State as terrorism,” they added.

Aside from Duterte, the petitioners named National Security Adviser , Defense Secretary Delfin Lorenzana, Presidential Spokesperson Salvador Panelo, Armed Forces of the Philippines Chief of Staff Benjamin Madrigal, AFP Deputy Chief of Staff Maj. Gen. Antonio Parlade Jr; National Security Council Deputy Director General Vicente Agdamag, Philippine National Police Directorate for Investigation and Detective Management Senior Supt. Omega Jireh Fidel , Palace Undersecretary and Executive Director of the Presidential Task Force on Media Security Joel Sy Egco, Presidential Human Rights Committee Secretariat Undersecretary Severo Catura and Presidential Communication Operations Office Undersecretary for New Media and External Affairs Lorraine Marie Badoy; and National Intelligence Coordinating Agency Director General Alex Paul Monteagudo as respondents.

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