ISAFP Commanding Officer Major Gen. Eduardo Año, one of the respondents in the Court of Appeals order. INQUIRER.NET FILE PHOTO
The Court of Appeals has ordered the Armed Forces of the Philippines (AFP) to identify those in their ranks that are allegedly harassing a human rights lawyer and file appropriate charges against them.
In a 22-page decision, the appeals court Former Special
Sixth Division also ordered respondents to produce before the court for
possible destruction all information that the military has gathered about Atty.
Maria Catherine Dannug-Salucon including records, photographs and dossiers.
Respondents include Chief Superintendent Miguel De Mayo
Laurel, acting Regional Director of the Police Regional Office 2; General
Hernando Irriberi, Commanding General of the Philippine Army; General Eduardo
Año, the Commanding Officer of the Intelligence Services of the AFP; and former
AFP chief of staff Emmanuel Bautista.
Dannug-Salucon, in her petition for writs of habeas data and
amparo, said she received information that the military has put her under
surveillance and labelled her as a “red lawyer” for representing political
prisoners suspected to be members of the New People’s Army (NPA).
A member of the National Union of Peoples’ Lawyer (NUPL)
based in Isabela, she said there were several instances of military men casing
and asking about her and her activities. She said there was an instance
when a motorcycle cut off her car while pulling out of the garage.
Dannug-Salucon’s counsel Ephraim Cortez added that when her
paralegal, William Bugatti, was killed that same day, he informed her that she
needs additional security measures for her protection.
A writ of amparo is a remedy available to any person whose
right to life, liberty, and security has been violated or is threatened with
violation by an unlawful act or omission of a public official or employee, or
of a private individual or entity. The writ covers extralegal killings and
enforced disappearances or threats.
A habeas data on the other hand, protects a person’s right
to control information especially when the information against the person was
illegally obtained.
The military, in its response to her petition, denied that
it ever placed her under surveillance. It branded the allegations of the lawyer
as “sweeping and mere fabrication.”
Still, the military said it verified the allegations of
Dannug-Salucon.
But ISAFP denied involvement in any surveillance activity
against the lady lawyer.
In its ruling, the appeals court said “after a careful
review of the records of the instant case, we find that petitioner was able to
prove by substantial evidence her allegation that she was subjected to
surveillance operations and harassment by individuals working under the command
of the respondents.”
While on some instances, the petitioner, according to the
court relied heavily on hearsay evidence which are inadmissible but the
petition involves her right to life, liberty and security.
“Thus, there is a need to exercise flexibility in the
consideration of evidence which would otherwise not be admissible under the
ordinary rules of procedure,” the appeals court thru Associate Justice Hakim
Abdulwahid said.
Also, the appeals court added that they are not satisfied
with the efforts taken by the military to confirm the allegations of
Dannug-Salucon.
“A review of the records and documentary evidence presented
by respondents [AFP] will show that, aside from the orders issued by
respondents to the units or subordinates under their respective command,
respondents did not exert greater effort in verifying the allegations of
petitioner,” the appeals court said.
Concurring in the decision are Associate Justices Romeo
Barza and Zenaida Galapate-Laguilles.
http://newsinfo.inquirer.net/681254/afp-ordered-to-file-charges-vs-personnel-who-allegedly-harassed-lawyer
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