Court junks Arroyo plea vs P5.4-M suit filed by Protestants

Former President and now Pampanga Rep. Gloria Macapagal-Arroyo. INQUIRER FILE PHOTO

THE COURT of Appeals has dismissed the petition of Pampanga Rep. Gloria Macapagal-Arroyo to stop a Quezon City court from proceeding with the P5.4-million civil suit filed against her by Protestant denominations over the extrajudicial killings of clergymen and church workers and the disappearance of a pastor during her term as President.

In a 16-page decision, the appellate court’s Seventh Division affirmed the Quezon City Regional Trial Court’s denial in January of Arroyo’s motion to dismiss the civil suit filed by the United Church of Christ in the Philippines (UCCP) over the extrajudicial killings of three pastors and two members, and the abduction of another pastor, between 2003 and 2006.

The slain church workers were pastors Edison Lapuz, Raul Domingo and Andy Pawican and members Joel Baclao and Noel Capulong.

“Clearly, the RTC’s denial of petitioner’s motion to dismiss and motion for reconsideration, were neither whimsical nor capricious. Petitioner, in praying for the issuance of the writ of certiorari, has failed to discharge the burden of proving grave abuse of discretion on the part of the RTC in accord with the definition and standards set by law and jurisprudence,” the court said in the decision written by Justice Victoria Isabel Paredes.

In the civil suit filed in June 2011, the UCCP, represented by its general secretary Bishop Reuel Marigza, together with Pastor Berlin Guerrero and the family members of the slain clergymen and church members, said Arroyo was liable for civil damages as she failed “either by commission or omission, either by manifest negligence or by culpable acts” to fulfill her duties as President and Commander in Chief.

The complainants blamed Oplan Bantay Laya, a counterinsurgency operation launched during Arroyo’s term, for including the UCCP among the civil society and church organizations identified as front organizations of the Communist Party of the Philippines and, thus, targets for neutralization by the military.

Liquidated, harassed

In the course of the implementation of Oplan Bantay Laya, Marigza said several pastors, leaders and members were either liquidated, harassed, unlawfully detained or tortured by alleged military agents who were under Arroyo’s control and command responsibility.

In its ruling, the Court of Appeals said the RTC did not commit a grave abuse of discretion when it denied Arroyo’s motion to dismiss on the grounds that the complaint failed to state a cause of action against her as it did not contain a sufficient allegation about her actual role in Oplan Bantay Laya (OBL).

Arroyo also claimed the UCCP lacked cause of action against her on the grounds that there was “damnum absque injuria” (loss without injury); that the complaint was a suit against the state; and the UCCP leaders did not have any cause of action for any alleged act on her part in the performance of her official duties as President and Commander in Chief.

The Court of Appeals, however, disagreed. It said that based on its reading of the complaint, the UCCP was able to sufficiently state a cause of action.