The Court of Appeals (CA) rejected the petition of environmental activists Jonila Castro and Jhed Tamano to be granted with Writ of Amparo and Writ of Habeas Data.
This is in line with the red-tagging and abduction incident faced by the two, allegedly committed by military officials and state agencies.
However, in a 55-page decision by CA signed on August 2, the Court dismissed the petition following lack of substancial evidence to support the claims of the party regarding the allegations.
It can be recalled that on September 19th, the two environmental activists revealed that they were abducted, forced to sign affidavit and surrender as rebels–under the influence of the military.
Eight days later, Castro and Tamano filed the petition to be granted with protective writs under the Supreme Court.
However, after examination of CA regarding the case and the evidences, Castro and Tamano’s party failed to submit substancial evidence to prove their claims, thus, resulting to the Court not granting them the appealed writs.
Following this ruling, the National Security Council (NSC) and other state agencies involved in the case welcomed the Court’s decision.
In a press release, National Security adviser Eduardo Año stated that the decision was a manifestation of innocence and cleared the name of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) against the said harassment and baseless accussation against them.
Other officials of the NTF-ELCAC also expressed gratitude to CA following their decision over the matter.
“We are here to celebrate the triumph of justice. The Court of Appeals’ 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 that the court shall not allow or authorize any phishing expedition,” said Usec. Ernesto C. Torres Jr., Executive Director of NTF-ELCAC in a press conference on Monday.
He also emphasized that the agency will stand by with the original handwritten and sworn affidavits of the petitioners, stating that they are former members of the CTG and surrendered to the law.
Similarly, NSC Spokesperson and NTF-ELCAC Strategic Communications Cluster Chair Assistant Director General Jonathan Malaya addressed the matter stating that the issue is an attempt to taint and “demonize” the image of the agency.
“They attempted to use our laws to intimidate, scare, and silence us by filing these cases in the court. But all that they have done has backfired on them. After a long and extensive hearing, where witnesses were heard and evidences were presented from both sides, the CA has completely dismissed the petitions for the issuance of writ of Amparo and writ of Habeas Data against the NTF-ELCAC, Col. Dela Cruz, Captain Buco, myself,” he stressed.
Malaya further emphasized their stance and their fight against terrorism in the country.
“Indeed, truth and justice will prevail in the end. and no amount of propaganda or character assassination can ever defeat the truth. We will march on until we have swept the scourge of communist terrorism in the country,” he added.