SC issues Writ of Amparo for Karapatan, Gabriela
Credit to Author: Tempo Desk| Date: Thu, 30 May 2019 07:03:00 +0000
The Supreme Court has ordered the Court of Appeals to hear the petition against the police and the military for their alleged harassment of cause-oriented groups in pursuing their work and advocacies.
In a resolution released Thursday, the SC issued Writs of Amparo and Habeas Data on the petitions filed by Karapatan Alliance Philippines Inc., Rural Missionaries of the Philippines Inc., and General Assembly of Women for Reforms, Integrity, Equality, Leadership, and Action Inc.
The resolution referred the petition to the CA which was ordered to hear it on June 18 after the respondents in the case have submitted their comment on or before June 13.
The CA was also ordered to resolve the petition within 10 days “after it (CA) deems the case submitted for decision.”
Named respondents are President Duterte, Defense Secretary Delfin Lorenzana, National Security Adviser Hermogenes Esperon Jr., presidential spokesperson Salvador Panelo, Armed Forces of the Philippines Chief of Staff Gen. Benjamin Madrigal Jr., Brig. Gen. Fernando Trinidad, Major Gen. Erwin Neri, Major Gen. Antonio Parlade Jr., Lt. Gen. Macairog Sabiniano Alberto, National Intelligence Coordinating Agency Director General Alex Paul Monteagudo, NICA Deputy Director Gen. Vicente Agdamag, Police Col. Omega Jireh Fidel, and Undersecretaries Joel Egco, Severo Catura, and Lorraine Marie Badoy.
A Writ of Amparo is a “special constitutional writ to protect or enforce a constitutional right other than physical liberty.”
A Writ of Habeas Data, on the other hand, “is a remedy available to any person whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting, or storing of data or information.”
The petitioners pleaded the SC for the issuance of a Temporary Protection Order against the military and the police, and the disclosure and destruction of all files or records gathered against them.
Theirs was the second petition of the same nature filed with the SC.
The first petition was filed by members of the National Union of People’s Lawyers which had been acted upon by the SC through the same directives to the CA. (Rey Panaligan)