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Court of Appeals turns down journalist's 'amparo' plea

Says fear of attack unfounded

By Leila Salaverria
Philippine Daily Inquirer
First Posted 23:13:00 07/06/2008

Filed Under: Media, political killings

MANILA, Philippines--The Court of Appeals has thrown out a journalist's plea for protection under a writ of amparo.

In a June 27 decision, the appellate court said journalist Nilo Baculo Sr. failed to prove his allegation that Calapan officials led by Mayor Paulino Salvadro Leachon wanted him dead because of his exposés.

Baculo is a former broadcaster and radio show host, and former publisher and business manager of the Traveler's News and Pacific Review.

The other respondents from whom Baculo sought court protection were Vice-Mayor Rafael Infantado; City Administrator Antonio Perez; councilors Allan Mañibo, Teddy Flores and Roberto Concepcion; former councilors Victor Ulayan Jr., Juan Pablo Luna, Federico Cabailo, Benjamin Cacha and Ralph Rojas; former mayor Carlos Brucal; former vice mayor Robert Paras; Governor's Special Action Group head Maximo Evora; and businessman Wilfredo Caballero.

Baculo alleged that he was subjected to harassment and threats because of his exposés about illegal gambling, child trafficking, murder and fraud in Mindoro.

He also said the respondents hired a man to kill him, but the would-be assassin balked and disclosed the plan to him.

A new assassin is being sought to carry out the murder plot, according to Baculo, who asked the court to issue a protection order.

But the appellate court found Baculos's allegations "unsubstantiated, hearsay and merely based on suspicions, speculations and presumptions."

There was also no proof that he was followed or watched by suspicious people, it added.

"There is no basis for his fear," said the ruling penned by Justice Rosmari Carandang.

"This Court reasonably doubts the believability of petitioner's murder-plot story. At most, (the) story is hearsay, a story relayed to petitioner by his would-be assassin," it added.

It noted that Baculo could not establish the credibility of the alleged informant.

The appellate court also described as a "remote scenario" Baculo's allegation that the Calapan officials advertised their need for an assassin.

Baculo's contention that his work as hard-hitting journalist was the reason the Calapan City officials wanted him dead was also set aside by the appellate court.

It said the alleged illegal acts, fraudulent transactions and contracts that he exposed happened a decade or so ago, and added that Baculo was no longer an active journalist.

Not all of the Calapan City officials that Baculo accused of involvement in the alleged murder plot were involved the reported controversies.

All of the respondents were only implicated in one case--a complaint before the Ombudsman about the contract of service of Brucal to become the mayor's chief of staff.



Copyright 2009 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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