CA junks GMA plea to dismiss P5.4-M damage suit

MANILA, Philippines - The Court of Appeals (CA) has junked the bid of detained former President and now Pampanga Rep. Gloria Macapagal-Arroyo to dismiss a P5.4-million damage suit filed against her by the protestant United Church of Christ in the Philippines (UCCP) over alleged extrajudicial killings of five of its members and the kidnapping of another priest from 2003 to 2006.

In a 16-page decision, the seventh division of the appellate court dismissed the petition of Arroyo questioning an earlier ruling of the Quezon City regional trial court (RTC) denying her motion to dismiss the case.

Instead, the CA affirmed the RTC ruling and allowed the trial to proceed.

The CA held that the RTC was correct in dismissing Arroyo’s motion, which argued that the complaint failed to state a cause of action against her as it does not contain any sufficient allegation about her actual role in Oplan Bantay Laya (OBL), an operation and counter-insurgency plan.

The CA said based on its perusal of the complaint, it shows that it sufficiently states a cause of action, such that: (1) victims of extrajudicial killings, who are members of the UCCP and family members of its leaders, have a right against forcible abduction, illegal arrests, detention and torture; (2) it is the duty of the petitioner to respect such right; (3) petitioner violated such right when she ordered the implementation of OBL, which led to the extrajudicial killings, disappearances and other illegal acts.

“Since it is apparent that evidence has yet to be presented before the RTC and any question of fact resolved through stipulations, the RTC’s denial of the motion to dismiss on the ground of lack of cause of action was proper,” read the ruling penned by Associate Justice Victor Isabel Paredes.

The CA further ruled that petitioner’s defenses can be passed upon and threshed out in a full-blown trial on the merits and not in a motion to dismiss.

“Clearly, the RTC’s denial of petitioner’s motion to dismiss and motion for reconsideration, were neither whimsical nor capricious. Petitioner, in praying for the issuance of the writ of certiorari, has failed to discharge the burden of proving grave abuse of discretion on the part of the RTC in accord with the definition and standards set by law and jurisprudence,” the court added.

Associate Justices Magdangal de Leon and Elihu Ybanez concurred with the ruling.

The UCCP earlier claimed that Arroyo was liable for damages as she failed “either by commission or omission, either by manifest negligence or by culpable acts” to fulfill her duties as president and commander-in-chief of the armed forces.

The UCCP, represented by Bishop Reuel Norman Marigza, joined by six UCCP families as plaintiffs, claimed that during Arroyo’s term, OBL was conceived.

Under OBL, the UCCP was among the society and church organizations identified as front organizations of the Communist Party of the Philippines, and thus, targets for neutralization by the military.

In the course of the implementation of OBL, the protestant church said several pastors, leaders and members were either liquidated, harassed, unlawfully detained, or tortured by alleged military agents under Arroyo’s control.