Supreme Court. INQUIRER.net FILE
The Supreme Court dismissed the bid of militant lawmakers, human rights advocates and several others to seek protection due to threats to their life, liberty and security after they were included in a military “hitlist.”
In its ruling, the high court said there is no basis on the petitions for writ of habeas data and amparo filed by Bayan Muna Rep. Carlos Zarate, Gabriela Rep. Emmi de Jesus, former Anakpawis Rep. Rafael Mariano, former Bayan Muna Rep. Teddy Casiño, Karapatan Secretary General Cristina Palabay, Children’s Rehabilitation Center executive director Jacqueline Ruiz, Rural Missionaries Coordinator Sr. Mary Francis Añover, Rev. Irma Balaba of the National Council of Churches in the Philippines, and Ofelia Beltran-Balleta, representing the family of former Anakpawis Rep. Crispin Beltran who passed away in 2008.
“Petitioners have suffered from surveillance, red-tagging and various forms of harassment through the years and are now being implicated in trumped-up charges involving the hundreds of Lumad who fled their homes in Talaingod, Davao del Norte to escape atrocities of the military and paramilitary forces occupying their communities,” the 36-page petition stated.
Petitioners, through their counsel from the National Union of People’s Lawyers (NUPL) said the hitlist was appended to a criminal complaint by the Armed Forces of the Philippines and Philippine National Police, on charges of kidnapping, serious illegal detention, and violations of the Republic Act No. 9298 or the “Anti-Trafficking of Persons Act of 2003” and Republic Act No. 10364 or the “Anti-Trafficking in Persons Act of 2012.”
The crimes were allegedly committed against some evacuees from Lumad communities in Davao del Norte and Bukidnon. There are more than 700 evacuees, who were forced to flee due to AFP operations and rights abuses, staying at the compound of the United Church of Christ in the Philippines in Davao City.
“This is an indication that the CIDG (Criminal Investigation and Detection Group) was provided with dossiers of the Petitioners and the other individuals included in the lists. Obviously, such dossiers came from other sources, since the individuals whose names appear in the lists, including the Petitioners, are not fugitives from justice, and that the conduct of counterinsurgency operations is not a function of the CIDG,” the petition stated.
But the high court said petitioners failed to present evidence that their right to privacy was being violated.
“The information contained in the rogues gallery is only their photographs, their names and their position in their respective organizations,” the high court said.
“All these data are of public knowledge and are readily accessible to anyone as petitioners are known personalities,” the high court added.
Respondents in the said petition are Pres. Benigno Aquino III, Defense Secretary Voltaire Gazmin, AFP Chief of Staff Lt. Gen. Hernando Iriberri, PNP Chief P/Dir. Ricardo Marquez, other AFP officials such as Army Chief Maj. Gen. Eduardo Año and Eastern Mindanao Command Chief Lt. Gen. Aurelio Baladad, CIDG Director C/Supt. Victor Deona, among others.