There's no question that as a principle of law, the protective "writ of amparo", together with the writ of "habeas data" to access information compulsorily, is a giant leap for civil liberties. Whether or not it finds easy sailing in legal practice, as to solve extra-legal slayings and forced disappearances, is another matter altogether.
That there will be hitches, conflicts of interests, obstacles, and whatever dampers, is a given. So far, the fact that Chief Justice Reynato Puno and the Puno Court have taken the cudgels is in itself per se salutary, gratifying, and very edifying.
Definitely, though the Supreme Court has the mandate to promulgate rules for the protection and enforcement of the constitutional rights, it's not superfluous for Congress as the law-making branch to pass a law on this constitutional issue. That will reinforce and strengthen the government's democratic commitment as a national policy, as well as, provide logistics and teeth to carry out the judicial initiative as part of its legal procedure. In fact, one drawback of the witness protection program which is an essential relief for the writs of amparo and habeas data to succeed, is the dearth of funding that only Congress can appropriate.
There are conflicts of interests that are certain to crop up… Firstly, the president is the commander-in-chief of the military or AFP and head of all law enforcement agencies whom anti-GMA critics and self-anointed human rights advocates often zero in as the "culprits" of extrajudicial slayings and abductions, even including journalists' rubouts. They may argue that GMA and her implementing subalterns among the AFP/PNP are perforce with conflicting interests against the law and/or court decisions/orders to compel them to divulge data or information on said killings and abductions for which they may be perceived as the "culprits" or "abductors".
For instance, in the hitherto unsolved disappearance of young Jonas Burgos, alleged left-leaning activist, his family and the media appear vocal against the military as abductors. So far, the habeas corpus case has not yielded or "produced the body".
Now, would issuance of a "writ of amparo" and "writ of habeas data" change the remedial dead-end? In fairness to the state's agents, the rule of law and the due process principle are equally invocable by them. Well, in the final reckoning, it is the indubitability of proof and/or the strength of evidence that prevails and will give meaning and efficaciousness of the writ of habeas data.
Corollarily, it appears that GMA has lately issued an administrative order to the AFP leadership to draft a bill for legislation that would protect and uphold the secrecy of military records or info in the name of national security. The rationale of the proposed bill is beyond question, but then, this could also be interpreted as a subtle ploy in self-defense against the dire effects of the writs of amparo and habeas data on the sub-rosa nature of military matters or secrets.
The latest cases filed with the Supreme Court for writs of amparo by the mothers of two young UP activist-coeds, Karen Empeño and Sherlyn Cadapan, abducted last year yet while on off-campus activity - or teach-ins as hinted - may be a litmus test. Per media report, another student who had escaped has allegedly fingered the military as the kidnappers, could build a case not only for issuance of the two remedial writs, but more, for their effectiveness to bear fruit.
As one previously opined, the success of both complementary writs advocated by the Puno Court, hinges on the citizenry's commitment, cooperation, civic-mindedness, and courage as most indispensable factors. Without them, the Puno brainchild may falter.
There is no better evidence than what is obtaining in the home turf as regards the more than 180 vigilante-style salvagings that not one has ever been solved. Not even the mostly ragged poor aggrieved families have had the guts to cooperate with the CHR and the crime-busters.
Will the writs of amparo and habeas data change radically the apathetic aptitude and the fear-driven attitude?
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Email: lparadiangjr@yahoo.com