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NTF-ELCAC says SC decision in favor of 'abducted' environmental activists a 'temporary setback'
NTF-ELCAC says SC decision in favor of 'abducted' environmental activists a 'temporary setback'
The decision of the Supreme Court (SC) to grant a temporary protection order (TPO) and writs of amparo and habeas data to two environmental activists who claimed they had been kidnapped by the military in Bataan last year was considered a "temporary setback" by an anti-communist government task force.
Undersecretary Ernesto Torres Jr., executive director of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC), said the SC decision granting a TPO and protective writs to Jonila Castro and Jhed Reiyana Tamano only "presents a great opportunity for [the] government to further debunk their deceptive narratives and expose their lies in open court."
"As stated by the NTF ELCAC’s Legal Cooperation Cluster (LCC), the SC decision is simply part of the due process of law and by no means is the case over yet for the high court remanded the case to the Court of Appeals (CA) to conduct hearings," Torres said in a statement on Friday, Feb. 16.
Torres expressed the readiness of the NTF-ELCAC to present their side backed up by "incontrovertible evidence" to refute the allegations hurled against them by Castro and Tamano.
"This opens up a significant opportunity to shed light on the grand conspiracy to malign and destroy the credibility and integrity of our public officers, soldiers and lawyers from the Public Attorney’s Office (PAO)," he said.
"The legal procedure laid down by the high court guarantees all parties the right to be heard, giving government and public officials named in the petition the avenue to provide proof and refute all accusations leveled against them," he added.
The NTF-ELCAC official further stated that the task force will comply with all legal obligations asked of them by the SC, stressing that the High Court's decision was "just a small battle among so many" amid their collective effort to achieve peace after over five decades of fighting the insurgency.
"We remain committed to tell the truth in a court of law and defend what is legally and morally right," Torres said.
The SC bared Thursday that it has granted the petition of Castro and Tamano for a temporary protection order and writs of amparo habeas against officials of the NTF-ELCAC and the Philippine Army.
The writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. It covers extralegal killings and other enforced disappearances or threats.
Meanwhile, the writ of habeas data is available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.
On Sept. 19, 2023, Castro and Tamano were presented by the national government in a press briefing organized by the NTF-ELCAC as alleged communist rebels who surrendered to elements of the 70th Infantry Battalion in Bulacan, citing sworn affidavits the two supposedly provided through the help of PAO lawyers.
Castro and Tamano, who had been tagged by the NTF-ELCAC as affiliates of Left-leaning groups Karapatan and Anakbayan, were expected to narrate in the press conference how they left their organizations to surrender to the government forces.
But in a shocking turn of events, they denied being communists and insisted they were only volunteers for the Alyansa para sa Pagtatanggol sa Kabuhayan, Paninirahan, at Kalikasan ng Manila Bay (AKAP KA Manila Bay), a group of community organizers helping fishing communities fight the reclamation in Manila Bay.
They also accused the military of abducting them in Orion, Bataan on Sept. 2, 2023, and forcing them to sign the sworn affidavits prepared by the government forces.
In that same month, Tamano and Castro filed a petition for a writ of amparo, writ of habeas data, and a temporary protection order against the respondents identified by SC as Lt. Col. Ronnel dela Cruz, commander of the Army's 70th Infantry Battalion, and its members; Capt. Carlito Buco, of the Bataan Provincial Police Office, and its members; National Security Council (NSC) Asst. Director General Jonathan Malaya; and the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC).