The Supreme Court on Wednesday ordered the Philippine National Police (PNP) to investigate the possibility that a founding member of the Cordillera Peoples Alliance (CPA), a coalition of non-government organization, who has been missing since 2008 was abducted by their own members.
In its ruling, James Balao, founding member of CPA was abducted by five armed men on Sept. 17, 2008 in Tomay, La Trinidad in Benguet province. After efforts to find him proved futile, his siblings Arthur, Winston, Nonette, Jonilyn and CPA Chairperson Beverly Longid filed a petition for a writ of amparo.
A writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened.
The Regional Trial Court (RTC) of La Trinidad in Benguet granted the writ of amparo. The lower court said Balao’s disappearance was due to his political leanings or activities and that the investigation conducted by the authorities was superficial.
But in 2011, the high court reversed the grant of privilege of the writ of amparo stating that “the totality of the evidence did not warrant the grant of the relieves.”
The high court said government involvement in Balao’s disappearance should not be inferred from Balao’s activities.
“Amparo petition as it is not the occasion for pinpointing criminal liability but only to ascertain a violation of the right to life, liberty, or security of person. Notwithstanding this, the Court agreed with the RTC that the investigation conducted by the concerned public officials was limited, superficial and biased,” the high court said.
It then ordered the Commission on Human Rights (CHR) and the National Bureau of Investigation (NBI) to conduct the probe and submit a final report for the court.
In its recent ruling, however, the high court relieved the CHR and the Armed Forces of the Philippines (AFP) from their respective obligations to investigate Balao’s abduction.
The PNP, on the other hand, has been ordered to pursue the angle presented by witness Bryan Gonzales that fellow CPA members have abducted Balao.
The PNP was given six months to submit a result of its probe. RAM
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