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Thursday, Novenber 01, 2007

 

Tribunal issues its third writ of amparo

By Jomar Canlas Reporter

THE Supreme Court (SC) on Wednesday issued its third writ of amparo to protect a 63-year-old urban poor leader allegedly abducted, illegally detained, and subsequently released by military agents in April.

In a three-page resolution, the SC en banc issued its writ and ordered President Arroyo, as lead respondent, to make a return of the writ before the Court of Appeals by November 9.

It also directed the CA to hear the petition of Ugnayan ng Maralita Para sa Gawa at Adhikain Federation Chairman Lourdes Rubrico on November 13, 2 p.m. and decide the case within 10 days after its submission for decision.

“You, respondents President Gloria Macapagal-Arroyo, [Armed Forces of the Philippines Chief of Staff] Gen. Hermogenes Esperon, [Philippine National Police Director] Gen. Avelino Razon, Major Darwin Sy a.k.a. Darwin Reyes, Jimmy Santana, Ruben Alfaro, Cap. Angelo P. Cuaresma, a certain Jonathan, Police Supt. Edgar B. Roquero, and Police Senior Insp. Arsenio C. Gomez are hereby required to make a return of the writ before the Court of Appeals Ninth Division on or before 4:00 p.m. of November 9, 2007,” the SC says.

The CA Ninth Division is headed by Associate Justice Edgardo Cruz, as chairman.

The petition was filed by Lourdes Rubrico on Tuesday against the members of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP).

Rubrico was allegedly abducted by armed men belonging to the 301st Air Intelligence and Security Squadron, based at the Philippine Air Forces Field Station Fernando Air Base, Lipa City on April 3.

While Lourdes was detained, her daughters Mary Joy Rubrico Car­bonel and Jean Rubrico Apruebo were harassed by Sr. Inspector Arsenio Gomez. There were also armed men following them. Lourdes filed a criminal case before the Office of the Ombudsman on April 20, 2007 but the case is still pending against Gomez and several members of the AFP and PNP.

She was later on released from detention, but wanted to get back against her captors at this time since the Commission on Human Rights faced a blank wall in their investigation and there is no other remedy but the issuance of a writ of amparo.

The amparo writ for Rubrico is the third released by the High Court. Last week, it issued a writ of amparo last week in favor of the parents of UP students Sherlyn Cadapan and Karen Empeno, along with one Manuel Merino, allegedly forcibly abducted by elements of the Philippine Army 56th Infantry Batallion, under then-Gen. Jovito Palparan, in the house of Raquel Halili, at Barangay San Miguel, Hagonoy, Bulacan on June 26, 2006.

The second writ of amparo issued by SC mandates Court of Appeals Justice Lucas Bersamin to conduct a summary hearing on the petition of brothers Raymond and Reynaldo Manalo, both allegedly abducted by the military.

   
 

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Severino O. Frayna Jr., Benjie Dela Rosa
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