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Wednesday, October 31, 2007

 

Third amparo case reaches SC

By Jomar Canlas, Reporter

THE Supreme Court is challenged to issue another petition for a writ of amparo after a third case was lodged before the magistrates.

A seven-page petition with prayers for temporary protection order and inspection of documents was filed by Lourdes Rubrico of the Ugnayan ng Maralita para sa Gawa at Adhikain against the members of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP).

In her petition, Rubrico said she wanted her place of detention be identified and the documents pertaining to her arrest be surfaced.

She alleged that she was 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.

The petitioner alleged she was kidnapped and detained without any legal basis, without charges being filed, and without any warrant of arrest shown to her.

One week after her abduction, on April 10, at 10 p.m., she was released after signing a statement that she would become their asset, the pleading recounted.

While Rubrico was detained, her daughter Mary Joy Rubrico Carbonel and Jean Rubrico Apruebo were harassed by Senior Insp. Arsenio Gomez. They were also followed by armed men.

She filed a criminal case before the Office of the Ombudsman on April 20, but the case is still pending against Gomez and several members of the AFP and PNP.

Rubrico was released from detention, but wanted to put to task her captors this time. She lodged a petition for a writ of amparo since the Commission on Human Rights faced a blank wall in its investigation, and she deemed that there is no other remedy to probe her case, but for the High Court to issue a writ of amparo.

She prayed before the High Court to order the Office of the Ombudsman to file the case of kidnapping against the AFP and PNP men.

“It is most respectfully prayed unto this most honorable court to allow the inspection of the office of the 301st Air Intelligence and Security Squadron, based at the PAF Field Station…for purposes of identifying the place of detention of Lourdes Rubrico,” the petition says.

It was also prayed that the necessary documents regarding the case of Rubrico be disclosed to the court.

Recently, the SC issued a writ of amparo in favor of the parents of UP students Sherlyn Cadapan and Karen Empeno, along with one Manuel Merino, a farmer.

The trio were allegedly forcibly abducted by elements of the Philippine Army 56th Infantry Batallion, under then-Gen. Jovito Palparan, in the house of a certain Raquel Halili, at Barangay San Miguel, Hagonoy, Bulacan on June 26, 2006.

The petitioners, led by Erlinda Cadapan, mother of Sherlyn, argued that new evidence on the enforced disappearance will be presented in the court proceedings for the petition for a writ of amparo to force the military elements responsible for the abduction of the victims.

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

The case reached the SC when it reviewed the CA’s decision to junk their petition for habeas corpus.

   
 

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