MANILA, Philippines - Filipino-American activist Melissa Roxas appeared before the Court of Appeals yesterday and affirmed allegations in her petition seeking to protect her and her relatives here following her reported abduction and torture allegedly in the hands of the military last May in La Paz town in Tarlac.
Roxas, who was earlier compelled by the former special 16th division of the Appeals Court to return to the country from the US and attend hearing of her petition, recalled her ordeal in the hands of alleged military personnel for the third time this week.
She claimed that she was abducted on May 19 at around 1:30 p.m. in Sitio Bagong Sikat, Barangay Kapanikian, La Paz, Tarlac by some 15 suspected military personnel along with two others, Juanito Carabeo and John Edward Handoc.
Her lawyer Rex Fernandez submitted to the Appeals Court division pieces of evidence to prove her ordeal, including results of medical examination that showed injuries she incurred when she was allegedly tortured during six days of abduction.
Division chair and Associate Justice Noel Tijam thanked Roxas for flying back to the country and appearing before the appeals court.
But lawyers of the Office of the Solicitor General representing military officials she accused of perpetrating her abduction and torture were quick to question the petition of Roxas, who wants to be protected from the military under a private sanctuary for her plan to return to the country to pursue her activism.
Not a trial court
Assistant Solicitor General Amparo Tang said during hearing in the afternoon that petitioner does not have any proof linking respondents, which include President Arroyo, to the alleged abduction.
“The petition has no cause of action. Petitioner failed to establish specific acts of respondents that threaten her life, liberty and security as alleged in her petition,” she argued.
And assuming without conceding that Roxas was abducted, she still has to prove that the respondents were behind it, added the government counsel.
In her petition for issuance of protector order under rules of amparo filed on June 3, Roxas also named as respondents Defense Secretary Gilbert Teodoro, Armed Forces Chief of Staff Victor Ibrado, Police chief Dir. Gen. Jesus Versoza, Army commanding general Lt. Gen. Delfin Bangit, PNP-Region III Regional Director Chief Supt. Leon Nilo de la Cruz, Army 7th Infantry Division chief Maj. Gen. Ralph Villanueva, Tarlac Police director Sr. Supt. Rudy Gamido Lacadin and certain Dex, RC and Rose, who were believed to be members of the Armed Forces.
Tijam, however, clarified that the CA is not a trial court and would not dwell on the guilt of parties. He said they would only determine if Roxas deserves the relief she is seeking under the amparo rules.
Still, the justice stressed that the appeals court has to be sure it would issue protection without proper basis so he asked Roxas why she believed the respondents were behind her abduction.
She told the CA division that earlier activities she attended in the country as member of militant group Bayan, which she considers as “missions,” had influenced her to believe that such kind of abductions are normally perpetrated by the military.
“Yes, my exposure to the program of Bayan and experiences with families of victims of killings influenced me to believe that people in position are behind my abduction,” a teary-eyed Roxas admitted upon questioning Justice Tijam.
She believes that killings of leftists are a “policy of the government.”
Also during the hearing that ended at 4 p.m., the 31-year-old Roxas said under oath that she is a political activist - but not a member of the New People’s Army (NPA): “I never spoke to any member of the NPA.”