Activist told to appear in amparo hearing

MANILA, Philippines - The Court of Appeals (CA) has ordered a Filipino-American activist to return to the country if she wants to pursue a petition seeking to protect her and her relatives in the country following her alleged abduction and torture in the hands of the military in La Paz, Tarlac last month.

This, as the CA’s 16th Division postponed yesterday the hearing on the petition of activist Melissa Roxas for the issuance of a protection order under the amparo rule to give her a chance to appear before the court on June 29.

“What kind of relief are you asking for if the petitioner is outside the jurisdiction of the court?” Associate Justice Noel Tijam, who chairs the 16th Division, asked Roxas’ legal counsel, lawyer Rex Fernandez.

Fernandez told the court that his client fled to the United States last June 1 for medical treatment.

The CA did not specifically warn that it would dismiss the case should Roxas still fail to attend the next hearing.

Still, the CA justices ruled to defer the hearing in the absence of Roxas, refusing to deliberate on a medical report and other documents presented by Fernandez.

They also directed Fernandez to present the corroborating witnesses, Juanito Carabeo and John Edward Handoc, who were allegedly abducted along with Roxas last May 19 in Sitio Bagong Sikat, Barangay Kapanikian, La Paz town by 15 suspected military personnel, based on her petition.

Yesterday’s hearing, however, gave an opportunity for the respondents, through the Office of the Solicitor General, to deny Roxas’ allegations.

In her petition filed last June 3, Roxas named as respondents President Arroyo, Defense Secretary Gilbert Teodoro, Armed Forces chief Gen. Victor Ibrado, PNP chief Director General Jesus Verzosa, Army commanding general Lt. Gen. Delfin Bangit, PNP-Region 3 director Chief Superintendent Leon Nilo de la Cruz, Army’s 7th Infantry Division chief Maj. Gen. Ralph Villanueva, Tarlac police director Senior Superintendent Rudy Gamido Lacadin, and a certain Dex, RC and Rose, all alleged to be military personnel.

State Solicitor Bernardo Villar said Roxas’ allegation that she was abducted was “staged,” citing “serious factual inconsistencies and apparent perjured statements.”