CA junks NUPL protection order plea in amparo writ case

From the Philippine News Agency (Jul 17, 2019): CA junks NUPL protection order plea in amparo writ case

The Court of Appeals (CA) has turned down a plea for a temporary protection order (TPO) sought by the National Union of People's Lawyers (NUPL) in its writ of amparo suit against the government.

In a nine-page resolution dated July 11, the appellate court through Associate Justice Pedro B. Corales said that "after a careful study of the allegations in the petition, the respective arguments of the parties, and the evidence fo far as presented, the Court finds no basis to grant a TPO," as sought by NUPL.

Associate Justices Stephen C. Cruz and Germano Francisco D. Legaspi concurred and also pointed out that "in applying for the issuance of TPO, petitioners did not bother to furnish this Court with a full list of the individual NUPL members, dispersed presumably far and wide across the country, for whom they seek the benefit of such relief,"

The CA added that since the charges are against members of the military and police, NUPL should have named a group which would they want to protect them instead.

"Furthermore, given their allegations against the police and military authorities, petitioners should have identified an accredited or to be an accredited person or private institution capable of providing the protection desired as required under Sec. 14 (a) of the rule on the writ of amparo," the appellate court said.

The tribunal added that the NUPL motion seeking to stop the respondent military and police leadership from issuing public statements supposedly maligning their activities as human rights lawyers is not within the powers of the court under an amparo rule which it said "does not provide for the said relief (and) hence, not within the power of this COurt to grant the said TPO in the context prayed for by petitioners,"

The CA noted that the Office of the Solicitor General has pointed out that leftist organizations have participated in governance and even won electoral exercises over the last 50 years and thus said, "It is speculative for petitioners to claim that all members or supporters of leftist organizations are in danger of neutralization as enemies of the state,"

The Court said the writ of amparo issued by the Supreme Court in its May 3, 2019 and remanding the case for trial before the CA "there is no need to issue a TPO independently of the former (SC writ),".

The CA is scheduled to resume hearing on the amparo case on Thursday.

https://www.pna.gov.ph/articles/1075234