4 Aetas in jail, sans bail, in 1st case under new terror law

From Business Mirror (Nov 19, 2020): 4 Aetas in jail, sans bail, in 1st case under new terror law (By Joel R. San Juan)

Artist and peasant advocates hang a poster against the Anti-Terrorism Law in this file photo 

THE Bagong Alyansang Makabayan (Bayan) has informed the Supreme Court of the first case involving alleged violation of the controversial Republic Act 11479 or the Anti-Terrorism Act (ATA) of 2020 with a plea to immediately act on the petitions seeking to immediately enjoin its implementation as well as its implementing rules and regulations (IRR).

In a 16-page compliance and manifestation, Bayan through lawyer Edre Olalia of the National Union of Peoples’ Lawyers (NUPL) said two Aetas have been charged with violation of Section 4 (a) of RA 11479 before the Regional Trial Court of Olongapo City last September.

They were identified as Japer Gurung and Junior Ramos who are now detained at the Olongapo City Jail awaiting their trial for the nonbailable offense.

Gurung and Ramos and two other female Aetas are accused of being members of the communist New People’s Army (NPA) as they were going down the mountain in Sitio Lumibao, Barangay Buhawen, San Marcelino Zambales, where a recent encounter took place between a group of NPA members and soldiers.

In their manifestation, Bayan said the Aetas were merely evacuating from the area due to intense military operations and continued bombings in their ancestral lands.

They were accosted by elements of the 7th Infantry Division of the Philippine Army last August 21.

Olalia said the four Aetas were all charged with nonbailable illegal possession of firearms and explosives, but only Gurung and Ramos were charged with violation of the provision of the ATA.

The military is accusing Gurung and Ramos of taking part in the firefight against the military that resulted in the death of one of its members.

The group said the filing of the case as well as the series of pronouncements of military officials threatening the prosecution of several well-known individuals for supposed violation of the ATA should prompt the SC to immediately act on the petitions seeking to enjoin the enforcement of the said law.

“In view of these incidents, petitioners reiterate their prayers for injunctive reliefs and the nullification of the Anti-Terrorism Act as well as its Implementing Rules and Regulations, which have all become even more urgent and imperative,” the group said.

Bayan also cited the admission of Armed Forces of the Philippines-National Task Force to End Local Communist Armed Conflict (NTF-Elcac) and chief of staff of the Southern Luzon Command Lt. Gen. Antonio Parlade that lawyer Neri Colmenares and members of the Makabayan bloc at the House of Representatives were under surveillance for allegedly being members of the Communist Party of the Philippines.

Colmenares is one of the petitioners in the SC seeking to declare the ATA unconstitutional.

Bayan also cited Parlade’s statements warning actresses Liza Soberano and Angel Locsin against associating themselves with human-rights advocate Gabriela, which is believed to have links with the communist movement in the country.

Bayan also noted the admission of the members of the NTF-Elcac before the Senate Committee on National Defense and Security, Peace, Unification and Reconciliation hearing that they have been targeting progressive party-lists and nongovernment organizations for allegedly being legal fronts of the CPP.

“These baseless, blatant, and damaging vilification and red-tagging by those who are key components of the Anti-Terrorism Council have escalated the petitioners’ well-founded fear that RA 11479 and its unbridled power of designation will be used arbitrarily, without recognition of the principles of due process, presumption of innocence and basis rules of evidence,” the group said.

https://businessmirror.com.ph/2020/11/19/4-aetas-in-jail-sans-bail-in-1st-case-under-new-terror-law/