Court rejects Writ of Amparo filed vs. GMA, AFP officials

The Court of Appeals has dismissed a petition for Writ of Amparo filed against President Gloria Arroyo, former AFP chief of staff Hermogenes Esperon and several ranking military officials of the Central Command by the wife of a missing farmer believed to be a member of the New People’s Army in Negros Oriental.

The 20th Division of the appellate court denied the petition for Writ of Amparo filed by Carmen Arante and her son, Anie, for lack of evidence to support their claim that the military was responsible for the disappearance of Flaviano Arante last January 25.

Carmen claimed that her husband was forcibly taken by the military on January 25 in barangay Nagbinlod, Sta. Catalina, Negros Oriental, on suspicion that he was a member of the NPA.

The military admitted having invited Flaviano for questioning where he allegedly admitted to 2nd Lt. Gary Dida and Cpl. Michael Pelayo that he worked for the NPA as a courier and informer and that his house is used as an NPA safehouse.

The military also said that Flaviano was allowed to go home after the questioning but his family claims otherwise.

Carmen claimed that her husband remained under military custody until his disappearance. Carmen sought the assistance of the militant group Karapatan, which assisted her in filing the petition.

Carmen named the president, Esperon, former Centcom chief Victor Ibrado, 3rd Civil Relations Group chief Lt. Col. Oscar Lasangue, 303rd Infantry Brigade Civil Military Operations officer Maj. Nathaniel Villasor and 61st Infantry Brigade commander Lt. Col. Romeo Basco and four others as respondents.

The Court of Appeals however said that Arroyo cannot be impleaded as party-respondent to the case as she is the incumbent president. The appellate court likewise said that Carmen and her son are not entitled to a Writ of Amparo because they failed to establish their claim.

According to the court, it was not proven that Flaviano was forcibly taken by the military.  In fact, the petitioners did not immediately report the incident. It took three days before they made the claim that Flaviano was taken by the military.

The Court of Appeals likewise said that the petitioners failed to present evidence that Flaviano is still under military custody until now.  The court said that it could have been that Flaviano was taken by the rebels on his way home from the military camp considering that he has given vital information to the AFP. — Fred P. Languido/BRP