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Cebu News

Teacher says brgy chief illegally raided her farm

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A public school teacher has filed before the court a petition for a Writ of Amparo against Tabunan barangay captain Bernabe Arcayan and his tanods for illegally raiding her ampalaya farm last March 17 on suspicion that she is growing marijuana.

Soledad Pador, a teacher of the Tabunan Elementary School, and her husband Nerio, strongly denied that they are planting marijuana and asked the court to order the police or the National Bureau of Investigation to give them protection, and to refrain Arcayan and his tanods from conducting raids, searches and other similar activities on their farm.

“It would not be impossible that marijuana seeds will be thrown at their farmlands in order for them to be held criminally liable. Knowing the personalities of these respondents, they are capable of violence that would gravely threaten my clients’ right to life, liberty and security,” the couple’s counsel Rameses Villagonzalo said.

The farm’s caretaker Rey Pador said there are rumors circulating in their barangay that the couple is growing marijuana.

A policeman assigned in barangay Tagbao reportedly told Pador’s wife that he has been ordered to monitor the activities of the couple following reports they are into illegal activities.

Pador said while he was tending the plants last March 17, barangay tanods Roberto Alimorin, Alberto Alivio and Carmelo Revales entered the farm to search for marijuana plants.

The other tanods named respondents in the petition for the issuance of a writ of Amparo are barangay tanod chief Romeo Pador, Winelo Arcayan, Christopher Alivio and Bienvenido Arcayan.

A Writ of Amparo simply means protection or shelter.  Such remedies and actions generally heard the courts serve a dual protective purpose.

It will protect the citizen and his basic guarantees, and they also protect the Constitution itself by ensuring that its principles are not violated by statutes or actions of the state that undermine the basic rights.

In the same way that Habeas Corpus guarantees physical freedom, Amparo protects other basic rights. It may therefore be invoked by any person who believes that any of his rights protected by the Constitution is being violated.  Rene U. Borromeo/BRP

 

A WRIT OF AMPARO

ALBERTO ALIVIO AND CARMELO REVALES

BERNABE ARCAYAN

CHRISTOPHER ALIVIO AND BIENVENIDO ARCAYAN

ELEMENTARY SCHOOL

HABEAS CORPUS

NATIONAL BUREAU OF INVESTIGATION

PADOR

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