From the Manila Bulletin (Oct 9, 2021): SC affirms protection order issued to family of slain ‘NPA member’ (By Rey Panaligan)
Supreme Court (SC)
The Supreme Court (SC) has affirmed its 2019 ruling that barred members of the Philippine National Police (PNP) from surveilling or monitoring the family members of a suspected New People’s Army (NPA) member who was killed by the police in Antique in 2018.
In a resolution made public last Oct. 8, the SC – through Associate Justice Marvic M.V.F. Leonen – denied the motion for reconsideration filed by the PNP as it reiterated its permanent protection order (PPO) issued in favor of Vivian A. Sanchez and her two children.
The Supreme Court (SC) has affirmed its 2019 ruling that barred members of the Philippine National Police (PNP) from surveilling or monitoring the family members of a suspected New People’s Army (NPA) member who was killed by the police in Antique in 2018.
In a resolution made public last Oct. 8, the SC – through Associate Justice Marvic M.V.F. Leonen – denied the motion for reconsideration filed by the PNP as it reiterated its permanent protection order (PPO) issued in favor of Vivian A. Sanchez and her two children.
Associate Justice Marvic M.V.F. Leonen
The 2019 decision granted the petition for a Writ of Amparo filed by Sanchez.
A Writ of Amparo “is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.”
In its 2019 decision on Sanchez’s petition, the SC said: “Pursuing rebels is a legitimate law enforcement objective, but the zeal with which our law enforcement officers clamp down on persons of interest or their loved ones must be bound by the fundamental rights of persons.”
Now in its resolution that denied the motion for reconsideration, the SC said: “One’s right to privacy is not set aside because of their relationship with a person of interest or because they have become a person of interest.”
It pointed out that “the continued drive against communists — with President Rodrigo Duterte even proclaiming that the New People’s Army posed a bigger threat than extremist groups — puts petitioner (Sanchez) and her children in a precarious position, because while respondents (police) deny surveilling petitioner and her children, they nonetheless admit that as the family members of a communist, they were proper subjects of investigation.”
“The totality of petitioner’s evidence convincingly shows that she and her family became subject of unwarranted police surveillance due to their relationship with a suspected member of the New People’s Army, resulting in an actual threat to their life, liberty, and security due to the government’s unparalleled zeal in eradicating communism,” it added.
Case records showed that Vivian learned of the death of Eldie Labinghisa, her estranged husband, on Aug. 16, 2018. Eldie was one of seven suspected NPA members who were killed by the police in Barangay Atabay, San Jose, Antique.
Vivian went to the funeral home to verify the news of her husband’s death but she left in a hurry after policemen took her photographs without her permission.
She again went to the funeral home but left hurriedly when policemen threatened her of arrest and detention if she would not answer their questions.
Later, two policemen went to Vivian’s house and showed her a photograph of Eldie’s cadaver. She confirmed that the body belonged to her estranged husband.
Vivian testified during the trial of her petition for Writ of Amparo before the trial court that a police car had frequent drive-bys in front of her house and that a vehicle tailed her when she and her children went to Iloilo to attend her husband’s wake.
She also testified she feared for her and her children’s safety every time she noticed that someone was following her and monitoring her and her children’s whereabouts.
While the trial court issued a temporary protection order for her and her children, it eventually dismissed her petition for a Writ of Amparo. The dismissal prompted her to elevate the case to the SC which granted her petition.
Dismissing the PNP’s motion to reconsider the 2019 decision, the SC ruled:
“WHEREFORE, the Motion for Reconsideration is DENIED. The issued PERMANENT PROTECTION ORDER prohibiting members of the Philippine National Police from monitoring or surveilling petitioner Vivian A. Sanchez and her children, Scarlet Sanchez Labinghisa and Star Sanchez Labinghisa, over their suspected association with the New People’s Army is REITERATED. SO ORDERED.”
The 2019 decision granted the petition for a Writ of Amparo filed by Sanchez.
A Writ of Amparo “is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.”
In its 2019 decision on Sanchez’s petition, the SC said: “Pursuing rebels is a legitimate law enforcement objective, but the zeal with which our law enforcement officers clamp down on persons of interest or their loved ones must be bound by the fundamental rights of persons.”
Now in its resolution that denied the motion for reconsideration, the SC said: “One’s right to privacy is not set aside because of their relationship with a person of interest or because they have become a person of interest.”
It pointed out that “the continued drive against communists — with President Rodrigo Duterte even proclaiming that the New People’s Army posed a bigger threat than extremist groups — puts petitioner (Sanchez) and her children in a precarious position, because while respondents (police) deny surveilling petitioner and her children, they nonetheless admit that as the family members of a communist, they were proper subjects of investigation.”
“The totality of petitioner’s evidence convincingly shows that she and her family became subject of unwarranted police surveillance due to their relationship with a suspected member of the New People’s Army, resulting in an actual threat to their life, liberty, and security due to the government’s unparalleled zeal in eradicating communism,” it added.
Case records showed that Vivian learned of the death of Eldie Labinghisa, her estranged husband, on Aug. 16, 2018. Eldie was one of seven suspected NPA members who were killed by the police in Barangay Atabay, San Jose, Antique.
Vivian went to the funeral home to verify the news of her husband’s death but she left in a hurry after policemen took her photographs without her permission.
She again went to the funeral home but left hurriedly when policemen threatened her of arrest and detention if she would not answer their questions.
Later, two policemen went to Vivian’s house and showed her a photograph of Eldie’s cadaver. She confirmed that the body belonged to her estranged husband.
Vivian testified during the trial of her petition for Writ of Amparo before the trial court that a police car had frequent drive-bys in front of her house and that a vehicle tailed her when she and her children went to Iloilo to attend her husband’s wake.
She also testified she feared for her and her children’s safety every time she noticed that someone was following her and monitoring her and her children’s whereabouts.
While the trial court issued a temporary protection order for her and her children, it eventually dismissed her petition for a Writ of Amparo. The dismissal prompted her to elevate the case to the SC which granted her petition.
Dismissing the PNP’s motion to reconsider the 2019 decision, the SC ruled:
“WHEREFORE, the Motion for Reconsideration is DENIED. The issued PERMANENT PROTECTION ORDER prohibiting members of the Philippine National Police from monitoring or surveilling petitioner Vivian A. Sanchez and her children, Scarlet Sanchez Labinghisa and Star Sanchez Labinghisa, over their suspected association with the New People’s Army is REITERATED. SO ORDERED.”
https://mb.com.ph/2021/10/09/sc-affirms-protection-order-issued-to-family-of-slain-npa-member/
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