Monday, December 21, 2015

CA upholds writs of amparo, habeas data vs military, police

From the Philippine News Agency (Dec 21): CA upholds writs of amparo, habeas data vs military, police

The Court of Appeals (CA) has upheld its ruling granting the petition for issuance of the writs of amparo and habeas data filed by a lawyer who was allegedly subjected to surveillance operations and harassment by individuals working under the command of President Benigno S. Aquino III, as commander-in-chief of the Armed Forces of the Philippines (AFP) and several military and police officials.

In a seven-page ruling written by Associate Justice Romeo Barza, the CA's Special Former Special Sixth Division denied the motion for reconsideration (MR) filed, among others, by Department of Defense (DND) Secretary Voltaire Gazmin, President Aquino, AFP Chief Gen. Hernando Iriberri and resigned PNP Chief Director General Alan Purisima.

Their MR was filed through the Office of the Solicitor General (OSG).

In her petition with the CA, Atty. Maria Catherine Dannug-Salucon argued that she had been subjected to surveillance operations, being a human rights defender.

In March this year, the CA ordered the respondents to exert extra-ordinary diligence and efforts, not only to protect the life, liberty and security of Dannug-Salucon and the immediate members of her family, but also to conduct further investigation to determine the veracity of the alleged surveillance operations and acts of harassments upon the petitioner, and identify the persons supposedly involved.

The CA also ordered the respondents to submit quarterly report of their actions, as a way of periodic review to enable the court to monitor their actions.

They were also told by the CA to disclose to the CA any and all facts, information, statements, records, photographs, dossiers and other evidence, documentary or otherwise, pertaining to Dannug-Salucon.

This prompted the respondents to seek redress with the CA through its petition, arguing that the issuance of the writs had no basis and that it was largely based on hearsay evidence.

In its Dec. 2, 2015 ruling, the CA said that Dannug-Salucon was able to prove by substantial evidence her allegation against the respondents.

"Corollarily, the Court finds a unique circumstance necessitating the relaxation of the hearsay rule," the CA said.

"Indeed, as the Court previously held, the difficulty to obtain direct evidence to prove petitioner’s entitlement to the writs being prayed for stems from the fact that no actual extrajudicial killing or enforced disappearance has yet to occur in this case, and, thus, involves acts which, as of the present, only threaten to violate petitioner's rights to life, liberty and security, or which may be interpreted as preliminary steps to the possible extrajudicial killing or enforce disappearance of the petitioner," the CA added.

In such a case, the CA said, "the Court can exercise flexibility in the consideration of evidence which would otherwise not be admissible under the ordinary rules of procedure."

Concurring in the ruling were Associate Justices Magdangal de Leon and Zenaida Galapate Laguilles.
 

1 comment:

  1. Atty. Maria Catherine Dannug-Salucon is a founding member of the National Union of People's Lawyers (NUPL), an organization that routinely provides legal defense for captured/detained Communist Party of the Philippines/National Democratic Front/New People's Army cadre and members of CPP front organizations.

    ReplyDelete

Note: Only a member of this blog may post a comment.