Task force says CA dismissal of activists' petition is ''triumph of justice''
The National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) on Monday called the decision of the Court of Appeals(CA) to dismiss the petition of two activists to writ of amparo and writ of habeas data a “triumph of justice”.
It can be recalled that two environmental activists, Jhed Castro and Jonila Tamano accused the military of abducting them and filed a petition against them.
In a press briefing, NTF-ELCAC Executive Director Ernesto Torres said: “The Court of Appeal’s decision, not to grant the writs of amparo and data to the petitioners Jhed and Jonila is a manifestation that mere conjectures and assumptions cannot stand in court and shall the word not allow or authorize any fishing expedition.”
“We, therefore, stand by the original handwritten affidavits of the petitioners that they were former members of the CTG (communist terrorist group) have decided to surrender and return to the force of the law and that the government was genuinely offering them assistance,” he added.
Jonathan Malaya, the head of the NTF-ELCAC’s strategic communication cluster and the assistant director general of the National Security Council, said that it was a “vindication” for the task force.
“The decision of the Court of Appeals is a clear vindication for the NTF-ELCAC as an organization. And, of course, also to me because I was made a respondent in what is clearly a harassment and baseless case,” Malaya told reporters.
“Using this case, the left and the allied organizations have attempted to demonize and use it as another excuse for its abolition, both in the court of law and input of public opinion. They attempted to use our laws to intimidate, scare, and silence us by finding these cases in the ports. But all that they have done has backfired on them,” he said.
Citing the CA’s 55-page ruling, Malaya said the petitioners failed to prove by “substantial evidence” that they were entitled to the Writ of Amparo since they failed to prove an imminent threat to their life, liberty, and security.
He added that when Tamano and Castro filed the petition, they were no longer detained and were “exercising full freedoms under the Constitution”.
Angelita Miranda, head of the NTF-ELCAC’s legal cooperation cluster and assistant solicitor general, said that the NTF-ELCAC will “surely” file cases against Tamano and Castro.
“Yes we’re going to continue to uphold the rule of law, so we’re going to resort to all legal means,” Miranda said.
She added that the Department of Justice had previously filed a case of grave oral defamation against them and it is pending in the Bulacan Courts.
Torres said the Department of National Defense (DND) had also filed a perjury case against the two activists. Jaspearl Tan/DMS
