The Supreme Court has been asked to reverse the decision of the Court of Appeals dismissing their plea for the issuance of writs of amparo and habeas data to protect its members from alleged threats and harassment supposedly done by state security forces.
In a petition for review filed on Monday, the National Union of Peoples’ Lawyers sought for the reversal of the CA decision last July 26 and instead pleaded to grant their petition for the issuance of the said writs.
The CA’s Former Special 15th Division ruled that the NUPL failed to produce sufficient evidence to substantiate its contention that security forces are behind the cases of harassment, threats, and attack on its members.
The appellate court stressed that “while mere threats fall within the mantle of protection of the writs of amparo and habeas data, the alleged threats imputed against the respondents herein are not supported by substantial evidence, thus stand on nebulous grounds.”
The CA ruling also noted that there was no evidence of President Rodrigo Duterte’s involvement in the alleged threats and harassment against NUPL members, contrary to the group’s claim.
A writ of amparo is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity while a writ of habeas data protects a person’s right to control information especially when the information against the person was illegally obtained.
However, in its petition, the NUPL insisted that the threats and harassment of its members were continuing despite the denial of the respondents.
“The continued vilification, harassment and threats to the lives, security and liberty of the petitioners by any act of the respondents, including but not limited to issuing public statements maligning and vilifying the petitioners and their activities as human rights lawyers must stop now. We ask your Honors to stand by your lawyers,” the NUPL told SC magistrates.
“How many more lives, Your Honors?” the group said, noting that a human rights lawyer in Negros was killed shortly after the CA issued its decision.
The petitioner was referring to lawyer Anthony Trinidad who was shot dead by unknown assailants last July 23 in Guihulngan City, Negros Oriental.
They also cited the killing last November of NUPL-Negros Oriental secretary general Ben Ramos.
The group also disputed the findings of the CA, saying there were numerous incidents of alleged threats experienced by its members and officers namely the inclusion of NUPL President Edre Olalia, NUPL chairman Neri Colmenares and other members in the alleged plot to oust Duterte from Malacañang Oust-Duterte matrix, the continued “red-tagging” by the military of their officers and members as supporters of the communist movement and its armed wing, the New Peoples’ Army, as well as the claim of Armed Forces of the Philippines Deputy Chief of Staff for Civil Military Operations Major General Antonio Parlade Jr. that the NUPL is a front organization of the Communist Party of the Philippines.
“If members of the bar cannot avail [themselves] of these legal remedies, what more for the ordinary victims of state-sponsored violence and impunity. As members of the bar, we do not only serve justice, we also seek it. We do not seek protection for ourselves alone; we seek protection so we can perform our sworn duty to serve our clients effectively,” the group argued.
The group also assailed the ruling of the appellate court to drop Duterte as one of the respondents, saying he should be held liable for his utterances against the group citing his own statements threatening human rights activists and their lawyers.
They further said that Duterte should be held accountable for his failure to fully investigate and prosecute the killings of lawyers in the country, adding that since he assumed the presidency in 2016, 36 lawyers have been killed and another 55 had been attacked and threatened due to their work.
“To be linked to the CPP-NPA, considered an enemy of the state, is, for petitioners, equivalent to a carte blanche authority to state forces to “neutralize” them without due regard to their rights. To be considered a combatant, in the context of war, is to be a target in deadly counter-insurgency operations,” the NUPL said.
Aside from Duterte, also named as respondents in the petition are Defense Secretary Delfin Lorenzana, AFP Chief of Staff Gen. Benjamin Madrigal Jr., National Security Adviser Hermogenes Esperon Jr., AFP Deputy Commander for Intelligence Brig. Gen. Fernando Trinidad, AFP Chief of the Intelligence Service Maj. Gen. Erwin Bernard Neri, Philippine Army chief Lt. Gen. Macairog Alberto and Parlade.
The CA decision dismissing the NUPL’s petition follows a similar decision by the appellate court that also dismissed a plea for the issuance of the same writs filed by Karapatan, Gabriela and the Rural Missionaries of the Philippines also due to their failure to present substantial evidence to back up their claim.
This prompted the NUPL to bring the case before the SC.
