SC issues protection order for 4 persons 'red-tagged' by military
The Supreme Court (SC) issued on Wednesday, August 5, a temporary protection order (TPO) for four persons who claimed they were red-tagged by the military and other law enforcement agencies and labelled them as members of the outlawed Communist Party of the Philippines-New People’s Army (CPP-NPA).
The TPO was issued in favor of Atty. Rey A. Gorgonio, Joselito B. Macapobre, Analyn S. Mirano, and Ma. Anabelle Ilustrisimo.
They told the SC they were red-flagged for their human rights work and involvement with Paghida-et sa Kauswagan Development Group, Inc., a non-government organization supporting farmers and rural communities in Negros Island in their pursuit of genuine agrarian reform.
The SC granted the TPO in the group’s petition for Writs of Amparo and Habeas Data.
A 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.”
A Writ of Habeas Data, on the other hand, “is a legal remedy 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.”
With the TPO, the SC directed the commanding general of the Philippine Army (PA) – then Lt. Gen. Antonio G. Nafarrete and now Lt. Gen. Donald M. Gumiran – and other respondents not to go within one kilometer of the petitioners and their immediate family members.
The PA and other law enforcement officers were also directed to file, within 10 days of receipt of the order, a verified return containing their lawful defenses and other relevant information, as well as their comment on the petition, before the Court of Appeals (CA).
The CA was directed to conduct a summary hearing to determine whether the petitioners are entitled to the privileges of the Writs of Amparo and Habeas Data, and to decide the case within 10 days of its submission for resolution.