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Cebu News

Teacher to SC: Reverse RTC on ‘Amparo’

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A teacher from barangay Tabunan, Cebu City has asked the Supreme Court to reverse a decision by the court dismissing her petition for a Writ of Amparo and to help her ensure the safety of her family from alleged harassment by their barangay officials.

Soledad Pador, a teacher of the Tabunan Elementary School, claimed that Regional Trial Court Judge Silvestre Maamo Jr. erred when he rejected her petition for a Writ of Amparo for the reason that the complaint against her has no basis.

Pador asked the Supreme Court to issue an order for the police or the National Bureau of Investigation to protect her and her family against the alleged illegal activities of barangay captain Bernabe Arcayan and his tanods who have accused her of planting marijuana.

Pador’s counsel Rameses Villagonzalo said the raid conducted by the tanods on his client’s ampalaya farm in barangay Tabunan last March 17 reportedly to look for marijuana plants was illegal because it was done without a search warrant.

Before the raid was conducted, there were rumors that Pador and her husband, Nerio, were cultivating marijuana.  The couple believes that it was circulated by the tanods.

“Thus, it is erroneous for the trial court to deny the petition on the ground that the same is anchored on rumors, speculations, surmises and conjectures as the illegal acts were already committed by the respondents when they raided the ampalaya farm,” Villagonzalo said.

Villagonzalo also said the barangay officials continued to harass them by sending summons for a hearing in the barangay hall.

Maamo said he saw no ground for the issuance of a Writ of Amparo against the concerned barangay officials.

Amparo, in a non-legal context, means protection or shelter.  It protects the basic rights of citizens.

The Writ of Amparo is a remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.  - Rene U. Borromeo/BRP

BARANGAY

BERNABE ARCAYAN

ELEMENTARY SCHOOL

PADOR

SUPREME COURT

TABUNAN

WRIT OF AMPARO

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