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CA to PDEA, PNP, AFP, NICA, DILG: 'Delete name of Rep. Veloso in narco-list'
CA to PDEA, PNP, AFP, NICA, DILG: 'Delete name of Rep. Veloso in narco-list'
The Court of Appeals (CA) has ordered several government agencies to delete the name of Leyte 3rd District Rep. Vicente S. E. Veloso from the list of politicians reportedly involved in illegal drugs trade in the country.
The list of persons contained in the “narco list” was made public by President Duterte last March 14, 2019.
In a resolution promulgated last June 8, the CA granted the petition filed by Veloso against the Philippine Drug Enforcement Agency (PDEA), the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP), the Department of the Interior and Local Government (DILG), and the National Intelligence Coordinating Agency (NICA).
The ruling, written by Associate Justice Apolinario D. Bruselas Jr. and concurred in by Associate Justices Germano Francisco D. Legaspi and Ruben Reynaldo G. Roxas, stated:
“Accordingly, the respondents are hereby ordered to destroy all documents, records and information which pertain to the person of the petitioner (Veloso) obtained in relation to the 14 March 2019 narco-list. They are further ordered to rectify the said narco-list and delete the name of the petitioner therein.
“They are also enjoined from further including the petitioner’s name in any publicized derogatory list that fails to follow due process and from taking any further courses of action in direct relations to the documents, records and information which resulted in the issuance of the 14 March 2019 narco-list.”
But the CA said its ruling in favor of Veloso should not be construed as an obstruction to government efforts to resolve the proliferation of illegal drugs trade in the country.
“It should not be construed as an absolute censure on the part of the government to take actions against personalities who are involved in illegal drug trade and other criminal activities,” it said.
“Any course of action, however, which fails to observe respect for constitutional rights will never be tolerated,” it stressed.
Veloso first filed his petition for a writ of habeas data with the Supreme Court (SC) to challenge his inclusion in the so-called narco-list. The SC remanded the petition to the CA for resolution.
On Nov. 5, 2019, the CA decided to turn over the case to the Office of the Ombudsman for consolidation with the administrative case filed by the DILG against Veloso.
He appealed to the CA which resolved it in the resolution issued last June 8.
In his petition, Veloso – a retired CA associate justice – pleaded for the “rectification, suppression or destruction of the data base, information or files kept by the respondents" which he said "erroneously" included him in the list of politicians involved in illegal drugs trading.
He pointed out that the PDEA, PNP, and the military in Region VIII had certified that he was not involved in narcotics trading. He blamed politics for his inclusion in the “narco list.”
Resolving the issue in favor Veloso, the CA said the grant of the writ of habeas data to Veloso will not prevent the filing of a case against him if the government has evidence, which it said “should have been done to begin with as matter of due process.”
The appellate court pointed out that the inclusion of Veloso’s name in the narco-list at this point threatened his right to privacy in life, liberty and security.