Court of Appeals orders Gadian to substantiate claims of death threats

MANILA, Philippines - The Court of Appeals (CA) ordered yesterday Navy Lt. Senior Grade Nancy Gadian to prove threats on her life supposedly from some military officials she had implicated in her exposé.

Gadian exposed alleged anomalies in the handling of the P46-million Armed Forces fund for the RP-US Balikatan exercises in 2007.

Gadian appeared in public to affirm a petition filed by her sister Nedina Diamante seeking protection from the Supreme Court (SC).

She was escorted by a group of nuns who provided sanctuary to national broadband network deal whistle-blower Rodolfo Lozada Jr.

She told reporters she would reveal everything she knows about the alleged anomaly in the Balikatan fund “in the proper time and place.”

“I am seeking the protection of the court and of religious people for fear of my life and liberty. As former noble soldier, it is my responsibility to tell the truth,” she said.

During the hearing, the ninth division of the appellate court told lawyers of Gadian to submit within three days, or on Monday, her sworn affidavit detailing threats she and her family received.

Division chair and Associate Justice Rebecca de Guia Salvador said the petition could not be properly heard without detailed circumstances of the supposed threats on the life and liberty of Gadian.

Lawyer Harry Roque, who assisted Gadian’s family in seeking the writ of amparo from the SC, told the appeals court that they failed to attach the affidavit of Gadian in the petition because they only got in contact with her last Wednesday.

Assistant Solicitor General Amparo Tang, who represents respondent military officials, argued that there was a procedural flaw when petitioners failed to attach the affidavit of Gadian to their petition with the SC and moved for the dismissal of the case.

“The petition was premature. No act or commission of threat on the life and liberty of the aggrieved party has been proven yet, so there is no cause of action that the respondents can respond to. You should first prove these supposed threats and it should not be by supporting affidavit,” she explained.

But Roque stressed that the SC already resolved their petition when it issued a writ of amparo in their favor and ordered the CA to hear the case.

After the debate, the CA division ruled to allow late submission of the affidavit of Gadian and ordered respondents to answer the charges three days after receipt of the affidavit.

The next hearing was set at 10 a.m. on June 5.

The CA, on order of the High Court, is tasked to determine if there is basis in the allegation of Gadian and if threats against her life are real in deciding whether or not there is need to make permanent the writ of amparo issued by the SC for the protection of the whistle-blower.

Roque believes Gadian would not be arrested by the Armed Forces, especially after Defense Secretary Gilbert Teodoro reportedly stated that the order for the arrest of the fund scam whistle-blower was superseded by the writ of amparo issued by the High Court.

Roque explained that the temporary protection writ issued by the SC on Gadian is valid until the CA issued a ruling of their application for temporary restraining order directing four active Armed Forces and Navy officials and a former official “to refrain from issuing or carrying out any threat to the life, liberty and security” of Gadian.

In its writ of amparo issued last May 21, the SC also ordered respondents – Armed Forces chief of staff Lt. Gen. Victor Ibrado, Navy flag officer-in-command Vice Admiral Ferdinand Golez, Western Mindanao Command chief of staff Col. Joel Ibanez, management and financial officer Lt. Col. Antonio Dacanay, and former commander retored Lt. Gen. Eugenio Cedo – to submit verified return of writ and their comments on the petition on or before the hearing.