Thursday, February 21, 2008 Court of Appeals issues amparo v. Centcom By Karlon N. Rama Sun.Star Staff Reporter
THE Court of Appeals (CA) Cebu Station issued yesterday two separate writs of amparo covering the allegedly forced disappearances of two persons the military suspected of having ties to the New People’s Army (NPA).
“Considering the allegations contained, the issues raised and the arguments adduced in the petition, the Court hereby resolves to issue an amparo (and) to direct respondents to make a return of the writ to this court,” said the orders penned separately by Associate Justices Francisco Acosta and Amy Lazaro-Javier.
A “return” is a written report to the court indicating the service of an order.
The appellate court also scheduled the cases for formal hearing on Thursday next week, Feb. 28.
This is the first writ of amparo the CA station here in Cebu issued since the Supreme Court (SC) released the guidelines for it last Oct. 24.
The writ, which SC Associate Justice Adolfo Azcuna once described as a remedy to protect the right to life, liberty and security of every person, is deemed one of the most significant rulings handed down by the Supreme Court in recent years.
The remedy has the same basic intent of habeas corpus, established in Rule 102 of the Revised Rules of Court, but goes further. It prevents military officers from refusing to answer questions on disappearances or extra-judicial executions during judicial proceedings.
The writ of amparo, according to the SC, will provide the families of victims of extralegal killings and enforced disappearances with “the protection they need and the promise of vindication for their rights.”
Relief
With the adoption of the remedy, courts are authorized to issue judicial orders of protection, production, inspection and “other relief to safeguard one’s life and liberty.”
The respondents in the two cases include President Arroyo; AFP Chief of Staff Gen. Hermogenes Esperon; Lt. Gen. Victor Ibrado of the AFP Central Command based in Cebu City; Lt. Col. Oscar Lasangue of the 3rd Civil Relations Group; Lt. Col. Romeo Basco, commanding officer of the 61st Infantry Battalion based in Oriental Negros; and Lt. Rodrigo Jimenea of the Bravo Company of the 61st Infantry Battalion.
In the first case, they were charged together with a certain 2nd Lt. Pututan, a certain Jake Daquit and a certain Santos.
In the second case, they were charged together with Maj. Nathaniel Villasor, the Civil Military Operations officer of the 303rd Infantry Battalion, a certain Sgt. Alfaparas and Cañaga of the 12th Infantry Battalion.
The first case tackles the petition filed by Rosalia Carillo-Yanoc, of Sta. Catalina, Negros Oriental, in behalf of her son, Reynaldo Carillo Yanoc.
In her affidavit, she said she last saw her son last Jan. 25.
She said soldiers apprehended her son last Dec. 7 on suspicion that he was a member of the NPA. She only knew he had been arrested when he failed to come home the following day.
Lost patrol
Reynaldo, she said, was brought to a detachment of the Bravo Company. When she went there to see him, camp guards told her he wasn’t there.
She traveled all the way to the Bravo Company headquarters, in Sitio Cabcaban, Barangay Banga in Bayawan City, Oriental Negros, before she knew where he was.
Even then, she said, she wasn’t able to see him, merely to talk to him over a military handheld radio.
Carmen Lastimosa-Arante, in behalf of her missing husband, Flaviano Arante, filed the second case.
In her affidavit, she said that operatives of the 303rd Infantry Battalion went to their house in Sitio Lag-asan, Nagbinlog, Sta. Catalina, looking for Flaviano last Jan. 25.
When they saw him, she said, they took him into custody, telling her only that they’d be borrowing him for two days.
The next thing she knew was that he was “taken on patrol” last Jan. 29 and was not seen nor heard from ever since.
