THE Office of the Solicitor General (OSG) has asked the Supreme Court (SC) to recall the temporary protection order (TPO) granted to two environmentalists who were detained by the military.
This developed as a Bulacan trial court issued a warrant of arrest against the two activists, Jhed Tamano and Jonila Castro, who early on claimed that they were kidnapped by soldiers last year.
But Tamano and Castro immediately posted bail for the charge of grave oral defamation filed against them by the government.
According to their release order, the two posted a cash bond of P18,000.
Solicitor General Menardo Guevarra said in the urgent motion that the TPO prevents the implementation of the arrest warrants against Castro and Tamano who have a pending grave oral defamation case before the Dona Remedios Trinidad Municipal Trial Court.
“In light of these considerations, it is therefore imperative to beg the indulgence of the honorable court to ask for a reassessment of the TPO, with an aim to provide clear guidance on its enforcement, particularly in scenarios where protective measures intersect with law enforcement actions,” the OSG said.
In a resolution handed down last week by the SC, government officials including law enforcers were prohibited from entering within a radius of one kilometer from the places of residence or locations of Castro and Tamano and their immediate families.
The OSG also questioned the writs of amparo and habeas data granted by the High Tribunal which supposedly undermined an assessment yet to be done by the Court of Appeals on the sufficiency of evidence of petitioners Castro and Tamano.
“Therefore, the issuance of an order of the writ necessarily precludes the finding of substantial evidence, as this is a matter to be adjudicated by the Court of Appeals in the conduct of summary hearing,” the OSG explained.
The OSG also said it was “unfortunate” for the SC to have paid less attention to the right to due process of respondent government officials compared to the “due regard given to the petitioners’ rights and welfare.”
“To give credence on unverified allegations and media reports deviates from the established standards of evidence required in judicial proceedings,” the OSG argued.
