The Supreme Court (SC) has acted on the pleas of various cause-oriented groups and individuals “to address the worsening state of human rights in the country.”
Among other things, the pleas involved issues on alleged red-tagging and reported filing of trumped-up charges against human rights advocates and activists.
In a resolution, the SC referred the letter sent to Chief Justice Alexander G. Gesmundo to the court’s Committee on Human Rights “for appropriate action.”
Also with the committee headed by Associate Justice Marvic M.V.F. Leonen are the reports by the Philippine National Police (PNP) and civil society groups on the killings of lawyers, prosecutors, and members of the judiciary.
Justice Leonen’s committee is expected to consolidate, analyze and make a report and recommendation to the SC as a full court on what actions to take.
The letter to Chief Justice Gesmundo date May 18, 2021 was signed by representatives of the Bagong Alyansang Makabayan, Karapatan Alliance Philippines, Alliance of Concerned Teachers, Kilusang Mayo Uno, Kilusang Magbubukid ng Pilipinas, Confederation for Unity, Recognition and Advancement of Government, Cordillera People’s Alliance, Gabriela and several individuals.
They asked the SC to review the rules on the Writ of Amparo, the Writ of Habeas Data, the Writ of Habeas Corpus, and other pre-detention and pre-trial remedies to determine whether these measures are still efficient in safeguarding fundamental rights.
The SC was also asked to assess on how courts have appreciated and ruled upon, in amparo and Habeas Data proceedings, the discharge of the burden of proof by petitioners as well as compliance with the required standard of diligence by respondents.
Also, they pleaded the inclusion of groups or associations of persons sharing a common advocacy or cause as aggrieved parties who may file a petition for the writ of Amparo or Habeas Data.
They pushed for the mandatory issuance of a Temporary Protection Order (TPO) simultaneously with the issuance of the Writ of Amparo to be served on the respondents together with the writ, which may include an injunction on acts of red-tagging, both online and offline.
At the same time, they asked the SC to abandon its ruling that declared moot and academic a Habeas Corpus petition with the filing of criminal charges in court.
Their other requests: Promulgation of rules that will ensure the proper and timely receipt of subpoenas and criminal complaints by respondents; establishment of a central repository of criminal charges by which the people can be informed of cases filed against them; the promulgation of uniform rules for pre-trial remedies that uphold the accused’s constitutional right to due process;
Requiring the active presence of independent witnesses during implementation of search warrant to ensure strict compliance with constitutional requirements and due regard for constitutional rights; inventory and investigation of serially issued search warrants by alleged “search warrant factories;” and issuance of new rules that are more responsive in providing urgent and practical reliefs for victims of rights violations.