Professional Documents
Culture Documents
SUPREME COURT
Manila
ROSALINDA
R.
NARTATES,
ANTONIETA
SETIAS-DIZON,
FELICIDAD B SANO, ROMAN M.
SANCHEZ, EVELYN P. GARCIA,
HILARIO M. TAN, JOSEFINA
DELLORO,
SANTIAGO
Y.
DASMARIAS,
JR.,
ELVIRA
PRUDENCIO,
MANUEL
R.
BACLAGON,
MA. THERESA B.
GONZALES, BENNY C. ANGELES,
ERWIN P. LANUZA, OLIVER B.
ROSALES,
ROWENA
V.
ROSALES, JUAN ALEXANDER A.
REYES, GENEROSA C. MANILAG,
HECTOR JULIANO,
ROMEO
MANILAG
II,
RAQUEL
L.
TOQUERO,
,
MADELLA
T.
SANTIAGO,
EILEKRENES
C.
MANANO,
Petitioners
- versus -
WOA NO.
WHD NO.
For: WRIT OF AMPARO AND
WRIT OF HABEAS DATA.
PETITION
PETITIONERS, through Counsel, respectfully state that:
PREFATORY STATEMENT
The Writ of Amparo emerged as a beacon of justice at a time of
intense persecution and threats to the life, liberty, and security of
members of progressive organizations.
In September 2007, when the Supreme Court promulgated the
Writ of Amparo, human rights groups had tallied 885 cases of
extrajudicial killings1 perpetrated since 2001.
Explaining the basis for the promulgation of the Rule on the
Writ of Amparo, the Supreme Court explained that [i]n light of the
prevalence of extralegal killings and enforced disappearances, the
Supreme Court resolved to exercise for the first time its power to
promulgate rules to protect our peoples constitutional rights.2
Many of those killed belonged to what were considered by the
State as leftist organizations as noted by then United Nations
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
Philip Alston in his report on extrajudicial killings in the Philippines.
The killings often followed a campaign by the military and the police
to vilify the victim and identify him as a rebel.3
Human rights defenders and trade unionists, along with many
other civil society leaders, appear to be killed due more to their
association with leftist groups than to their particular activity, Alston
noted in his report. He cited that Kilusang Mayo Uno (KMU), a trade
union organization, has lost numerous members to extrajudicial
executions while the Federation of Free Workers (FFW), another
trade union organization, has not lost any.
The key distinction appears to be that KMU is commonly cited
by Government officials as a CPP (Communist Party of the
Philippines) front group and FFW is not, Alston said.4
Under the Aquino administration, the number of killings have
decreased, but they have continued. Human rights watchdog,
KARAPATAN, has recorded 238 cases of extrajudicial killings as of
March 2015.
1
5.
MATERIAL ALLEGATIONS
6.
Petitioners are officers and/or members of three national
organizations: COURAGE, SALINLAHI, and CRC.
7.
COURAGE is recognized as the leading umbrella
organization of public sector unions in the Philippines.
It is
considered as the organization of government employees with the
biggest number of union, association and group affiliates as well as
the biggest number of individual members.
COURAGE was
5
established in 1986.
8.
SALINLAHI, on the other hand, was established on 28
April 2008. It is a non-stock, non-profit, progressive and nationalist
alliance which promotes childrens rights and child empowerment for
genuine social transformation.6
9.
The CRC is a non-stock, non-profit, non-government
institution which serves children and their families who are
considered victims of state violence as well as children survivors of
disasters and sexual abuse by providing them with psycho-social
services and other forms of assistance.7
10. Petitioners, who are members of these organizations,
have been subjected, in varying degrees, to threats and harassment
from people who claim to either be a policeman or a soldier.
Petitioners have been accused of being members of either the NPA
or the CPP and have been asked to cooperate with either the police
or the military.
11. In nine cases, the threats were made on the same date,
27 April 2015, against several officers and members of COURAGE,
as if to ensure that both the organization and the officers and
members receiving the threats would get the message clearly.
12. The set of facts attendant to each Petitioner, including the
threats and harassments they experienced, are as follows:
www.courage-phil.org.
10
11
8. Magaling managalog
9. At nagpakilala na inutusan lang daw
po sila, o messenger.8
a.6.
ENRIQUE AGAGAS y
ELEGIDO, the NFA employee mentioned by
BERTE in his Sinumpaang Salaysay, also
executed his own Sinumpaang Salaysay,
attached hereto as Annex A-4, which
corroborates the facts averred by BERTE in
his Sinumpaang Salaysay. AGAGAS stated
that he would be able to identify the man who
delivered the letter if he sees him again.
b. Petitioner ANTONIETA SETIAS DIZON (SETIASDIZON):
b.1. SETIAS-DIZON is currently a
member of the Council of Advisers of
COURAGE. She served as a member of the
National Executive Committee of the said
organization for 20 years. She is also a Board
Member of the Public Services Resource
Institute, an organization of retired and active
government employees. Moreover, she is an
incoming Board Member of the Claro M.
Recto Resource Center and President of the
Majorem Consultancy and Marketing Services
Inc., an independent consultancy firm on
disaster risk management;
b.2. On 06 May 2015, on or about
4:00 to 5:00 pm, Petitioner SETIAS-DIZON
was at the Dulcinea restaurant in Glorietta
Mall in Makati City after attending a
COURAGE staff meeting. After finishing her
meal and as she was preparing to leave the
establishment, she noticed a man enter the
restaurant. The man, who was wearing a
baseball cap and a blue polo shirt, sporting
long hair, and appearing not to have shaved
for days, settled in a table about one (1) meter
away from hers;
Annex B-1.
13
Lubos na gumagalang,
09998367212
16
NABIBILANG
SA
MGA
ORGANISASYONG MAKAKALIWA NA
LUMALABAN SA GOBYERNO.
BILANG NASA GOBYERNONG
TULAD MO, NINANAIS KO ANG
IYONG
MATAIMTIM
NA
KOOPERASYON
AT
PAKIKIPAGTULUNGAN
PARA
SA
IYONG KABUTIHAN HABANG IKAW
AY NASA IYONG GOBYERNONG
PINAGTATARABUHAN.
WAG MO SANA ITONG IPAGBALEWALA, ANG AKING ALOK NA
IKAW AY MAKIPAGTULUNGAN AY
MABISA
NG
PARAAN
PARA
MAITUWID
MO
ANG
MGA
PAGKAKAMALI
MO
LABAN
SA
GOBYERNO.
NARITO AKO PARA TULUNGAN
KITA AT ITO ANG AKING NUMERO
PARA TAWAGAN MO: 0906-309-7399.
SALAMAT!
JAY
18
Ka SANTI,
MAPAGPALAYANG PAGBATI
Kasamahang
Santiago
Dasmarinas Jr. May rebelasyon ang
iyong dating kasama na ngayun ay
kasalukuyang nakakulong. Isa sa mga
nabanggit niya na ikaw Santiago
Dasmarinas Jr ay isa sa mga mataas na
pinuno ng Organo ng Partido Komunista
ng Pilipinas na nasa ahensya ng
Gobyerno at sa ligal na Organisasyon
ng COURAGE.
Isa ka sa mga gumagawa ng
plano at programa sa lihim at hayag na
Organisasyon. Nais naming na ikaw ay
kausapin kung papahintulutan mong
makipag usap at makipag tulungan sa
amin.
Hintayin naming ang iyong
positibong pagtugon sa numerong ito
0916-574-8176. Hindi ako masamang
tao, ang hangad ko lng ay makatulong
sa iyo.
Salamat
Para sa Bayan
CPT. MAGDIWAN
Phil. Army
19
g. As to Petitioner
(DELLORO):
JOSEFINA
E.
DELLORO
g.1.
Petitioner DELLORO, an
employee of the Metropolitan Manila
Development Authority (MMDA) and an officer
of the KKK-MMDA, experienced a similar
incident on 27 April 2015;
g.2. In her Sinumpaang Salaysay,
attached hereto as Annex G, Petitioner
DELLORO narrated that on her way home
from an appointment with her doctor, she
bought refreshments from a neighborhood
store. While doing so, a man, who introduced
himself as Dindo Corpuz from the Department
of National Defense, told Petitioner DELLORO
to cooperate dahil may ginagawa daw akong
iba and allegedly because mayron akong
aktibidades bukod sa opisina;
g.3. Just like the previous
incidents, the man left a mobile phone number
that Petitioner DELLORO could call should
she decide to cooperate.
See Note 9.
22
23
i. As to Petitioner
(BACLAGON):
MANUEL
R.
BACLAGON
26
m.1.
Petitioner
ROWENA
ROSALES is the Chief-of-Staff of COURAGE
since 2001 and concurrent Information and
Public Affairs Officer of the same;
27
28
m.6.
When the Petitioner
SPOUSES pretended to go down at SM North
Edsa, the man also stood up. The Petitioners
moved to another row of seats and the man
again moved to the seat behind them. When
Petitioners tried to take pictures of
themselves, which would show the man sitting
behind them, the man covered his face. After
two more such selfies the man moved to
another seat;
m.7. Petitioner Oliver Rosales is
worried because all leaders who complained
of harassment and his co-petitioners in this
petition were from the unions assigned to him
NHA, DSWD, MMDA and QC Hall.
Rosalinda Nartates, CUE-NHA President
informed him that she got a text message few
days after the harassment saying it was from
Oliver and asking the recipient to meet him
urgently.
m.8.
Petitioners
Sinumpaang Salaysay is
hereto as Annex M.
Joint
attached
o. As to Petitioner
(MANILAG):
GENEROSA
C.
MANILAG
31
32
Petitioners
are
s.4.
In their Joint Affidavit,
attached hereto as Annex S, Petitioners
SANTIAGO and MANANO narrated that on 14
May 2015, at around 7:30 pm, they left their
offices, both located at #90 J. Bugallon St.,
Project 4, Quezon City to have dinner;
s.5.
Both Petitioners walked
towards the corner of Bugallon and Lakandula
Sts., and rode a tricycle going to Metrolane on
20th Avenue, Cubao, Quezon City. They went
straight to Mang Inasal restaurant
and
ordered food at the counter;
33
s.6.
At
around
7:40
pm,
SALINLAHI volunteer Christofer Calibuso
arrived at the restaurant and told them that
they were being followed by four (4) men.
Calibuso apparently came from the same
waiting shed where the Petitioners boarded a
tricycle. He saw one of the four men who were
tailing Petitioners SANTIAGO and MANANO
positioned at the very same waiting shed.
The said man was wearing a black sando and
jacket. He had a handheld radio. Calibuso
then heard him telling someone else over the
radio: Alpha, positive narito na sila.
Suddenly, a motorcycle arrived and the man
with the radio rode on the motorcycle. The
men then followed Petitioners who were on
board the tricycle;
s.7. Petitioners and Calibuso saw
that the man who tailed them from the waiting
shed was standing outside Mang Inasal;
s.8. Another staff, Bruce Dig, who
was eating at the Mcdonalds restaurant
beside Mang Inasal, also saw the four (4)
men;
s.9.
At around 8:20 pm, the
unidentified men were seen at the periphery of
their office.
35
v.
11
12
13
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of
the Honorable Court that:
1.
Upon filing of this Petition, a Temporary Protection
Order be issued for the protection of the Petitioners and their
immediate family;
2.
ii.
To direct the Respondents
and/or any persons acting
on their behalf to destroy
any information gathered on
each of the Petitioners.
Other reliefs just and equitable are likewise prayed for.
RESPECTFULLY SUBMITTED, 10 July 2015, Quezon City for
the City of Manila.
38
By:
EDRE U. OLALIA
IBP No. 0994858 - 1/29/15 - RSM
PTR No. 0756373C- 1/28/2015- Quezon City
Roll of Attorneys No. 36971
MCLE Compliance No. IV-0016615 - 04/11/2013
EPHRAIM B. CORTEZ
IBP No. 0994860 1/29/15 Isabela
PTR No. 0756375C- 1/28/2015- Quezon City
Roll of Attorneys No. 41366
MCLE Compliance No. IV-0018068 - 04/25/2013
MINERVA F. LOPEZ
IBP Lifetime Member No. 011325 - 01/04/13- Pangasinan
PTR No. 0560822-1/5/15 - Quezon City
Roll of Attorneys No. 60637
MCLE Compliance No. IV -0015617 - 04/11/2013
JOSALEE S. DEINLA
IBP No.1007279 Quezon City
PTR No. 1511745 C -6/23/2015- Quezon City
Roll of Attorneys No. 64967
Admitted to the Bar 2015, MCLE not yet required
39
COPY FURNISHED:
H.E. BENIGNO SIMEON C. AQUINO III
Malacaan Palace
Manila
VOLTAIRE GAZMIN
DND Building, Segundo Avenue
Camp Aguinaldo, Quezon City
GEN. HERNANDO IRIBERRI
General Headquarters Building
Camp Aguinaldo, Quezon City;
MAJ. GEN. VIRGILIO A. HERNANDEZ
General Headquarters Building
Camp Aguinaldo, Quezon City;
BRIG. GEN. ARNOLD M. QUIAPO
ISAFP Headquarters
Camp Aguinaldo, Quezon City;
The Commanding General of the Philippine Army
Philippine Army Headquarters
Fort Bonifacio, Taguig City;
The Deputy Commander for Personnel of the Armed Forces
of the Philippines
General Headquarters Building
Camp Aguinaldo, Quezon City;
P/DIR. LEONARDO ESPINA
PNP General Headquarters
Camp Crame, Quezon City;
PDIR. CARMELO E. VALMORIA
NCRPO Headquarters
Camp Bagong Diwa, Bicutan
40
Taguig City;
PSSUPT. ROLANDO Z. NANA
Manila Police District Headquarters
United Nations Avenue, Paco, Manila;
PSUPT. NICOLAS S. PINON
Police Station 8
V. Mapa St., Sta. Mesa
Manila
PSINSP. ALFREDO F. AGBUYA
Police Station 8
V. Mapa St., Sta. Mesa, Manila.
EXPLANATION:
Copies of this pleading were served on the parties by registered mail
due to time and personnel constraints.
41