SC issues writ of amparo for two missing labor organizers
MANILA, Philippines — The Supreme Court has issued a writ of protection in favor of labor organizers Elizabeth “Loi” Magbanua and Alipio “Ador” Juat, who are allegedly abducted by the military.
In a statement from its Public Information Office, the SC en banc on Tuesday also referred their petition for the issuance of a writ of amparo to the Court of Appeals to hear their plea on August 30 and resolve the case within 10 days after its submission of decision.
The writ of amparo is a protection extended to petitioners when threats to their life, liberty and security emanate from the military, police and other state security forces. It covers extralegal killings and enforced disappearances or threats thereof.
Under the Rule on the Writ of Amparo, the verified written return must contain supporting affidavits with lawful defenses that the respondent did not violate or threaten the rights of the aggrieved party; actions taken by the respondent to determine the fate or whereabouts of the aggrieved party and relevant information in the possession of the respondent pertaining to the threat, act or omission against the aggrieved party.
“The return shall also state other matters relevant to the investigation, its resolution and the prosecution of the case. A general denial of the allegations in the petition shall not be allowed,” the Rules provided.
The SC also ordered the military officers named as respondents in the case to make a verified return of writ of amparo and file a comment before the CA within 72 hours after service of the directive.
Named as respondents are armed forces chief Lt. Gen. Bartolome Bacarro, Department of National Defense Officer-in-Charge Jose Faustino Jr., National Intelligence Coordinating Agency Director General Ricardo de Leon and five others from the military.
The SC also granted Temporary Protection Order to the petitioners, families of Magbanua and Juat, and barred the respondents from going within a radius of ne kilometer.
The petition
Magbanua and Juat are full-time community organizers for labor group Kilusang Mayo Uno.
Petitioners said the two were incommunicado for days after a meeting with workers in Valenzuela on May 3, prompting KMU to launch fact-finding missions.
Petitioner Maureen said she was able to talk to her father when the latter visited his other daugther where she learned the he and Magbanua were abducted on May 3. He also told his other daughter Marielle that he has been staying at Camp Aguinaldo.
Meanwhile, Magbanua has been incommunicado since May 3.
"Respondents and their agents and others acting on their behalf evidently violated and continue to violate the rights to life, liberty and security of [Juat and Magbanua]," the petitioners told the SC.
The petitioners also contended that even if Juat was able to visit his daughter and talk to his family do "not mean his right of liberty has not been violated and is continuously being violated" since he may be under duress.
"The fact remains that both Loi and Ador are victims of enforced disappearance," they said.
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