SC grants writs for leaders of cause oriented groups

THE Supreme Court on Tuesday granted the writs of amparo and habeas data sought by leaders of cause oriented organizations who claimed that they were being harassed by members of the military and police. High Court’s Information Chief Theodore Te said the high court referred the case filed by the leaders of the Confederation for the Unity, Recognition and Advancement of Government Employees (COURAGE), Salinlahi Alliance for Children’s Concerns (Salinlahi) and Children’s Rehabilitation Center (CRC) to the Court of Appeals for summary hearing. At the same time, the high court also ordered respondents Philippine National Police (PNP) and Armed Forces of the Philippines (AFP) to submit their verified return to answer the allegations within 15 days. “The Court directed the Court of Appeals to immediately set the petition for hearing and to decide the case within 30 days of its submission,” Te said in a press briefing.

The Supreme Court granted the writs prayed for under Section 7 of the Rule on the Writ of Habeas Data and Section 6 of the Rule on the Writ of Amparo which provide that the Court “shall immediately issue the writs if on the face of the petition, it ought to issue,” Te said.

“The court noted that the material allegations of the petition show that the petitioners are entitled to the protection of the writs of amparo and habeas data,” he added.

The petition was filed by Rosalinda Nartates, Antonieta Setias-Dizon, Felicidad Sano, Roman Sanchez, Evelyn Garcia, Hilario Tan, Josefina Delloro, Santiago Dasmarinas Jr., Elvira Prudencio, Manuel Baclagon, Ma. Theresa Gonzales, Benny Angeles, Erwin Lanuza, Oliver Rosales, Juan Alexander Reyes, Generosa Manilag, Hector Juliano, Romeo Manilag II, Raquel Toquero, Madella Santiago and Eilekrenes Manan–union officers of the National Housing Authority, National Food Authority, Department of Social Welfare and Development, Metropolitan Manila Development Authority; National Wages and Productivity Commission and Quezon City Hall; personnel of the Courage National Secretariat/Office; and officer of Salinlahi and CRC.

Last April, Sanchez, Sano, Garcia, Nartates and Baclagon received letters from authorities listing down their involvement in the union and alleging that they were linked to the Communist Party of the Philippines-New People’s Army (CPP-NPA). On the other hand, a certain Sergeant Borres who introduced himself as liaison officer of the Intelligence Service of the Armed Forces of the Philippines (ISAFP) entered the NFA premises looking for Tan and Garcia. He was carrying a .45-caliber pistol. “[N]o other conclusion can be reached other than that their lives, security, and liberty are under threat… [T]he incidents establish the participation of state forces, especially that of the military and police establishments,” the petition stated.

It is the Court of Appeals which will conduct a hearing and make a recommendation since the Supreme Court is not a trier of facts.