AMPARO VICTORIES: PUBLIC OFFICIALS WARNED TO ABIDE BY COURT DECISIONS

The first Supreme Court Amparo decision through the Manalo brothers’ case will be a major step in efforts to identify the perpetrators of enforced disappearances and extra judicial killings if the Arroyo government will not subvert the Court’s order granting protection to the Manalo brothers and for the production of documents relevant to the brothers’ detention in military camps. Likewise, the recent decision of the Regional Trial Court (RTC) in Kabankalan, Negros Occidental ordering the respondent military to surface and release two victims enforced disappearance to their parents and Atty. Ben Ramos, a founding member of NUPL, is also a victory for human rights and public officials are warned that they will be subject of criminal and administrative cases should they refuse to abide by the court decision.
 

SC Decision sets aside erroneous lower court decisions
 

The finding by the Supreme Court that the writ of amparo and its temporary protection order are still availing even to those who are no longer physically detained by respondents should set aside a series of erroneous decisions by the Court of Appeals that interpreted “physical freedom” as freedom from threats. Secondly, the Court’s order for the military to produce documents, including medical records, related to the Manalo brothers case, should completely obliterate the military’s self serving claim that they never had custody of the brothers. This finding by the Court only bolsters the assertion by human rights victims that government security forces are responsible for the killings and disappearances that have been taking place all over the country. Thirdly, considering that the Court of Appeals has admitted that Gen. Jovito Palparan “at least knew” of the detention, the victims have one more evidence to pin Gen. Palparan and hold him accountable for his crimes.
 

Pres. Gloria Arroyo refused to file charges against Gen. Palparan despite the findings of her own Melo Commission of Palparan’s culpability in the killings. With the Supreme Court and Court of Appeals Amparo decisions, the Arroyo government will be virtually admitting its complicity to the killings and disappearances if Pres. Arroyo will persist in protecting Gen. Palparan from criminal prosecution and still refuse to file the necessary charges against him.
 

Negros RTC Decision: Contempt of Court for Public Officials
 

NUPL hails the decision of Judge Henry Arles of RTC Kabankalan to release to their lawyer and family two women illegally detained by the military. The act of Lt. Gen. Ike Inserto of turning over the women to Mayor Soledad Montillla instead of their families is a direct contravention of the Court’s order and subjects the military respondents and Mayor Montilla to several criminal and administrative cases not only for illegal arrest and detention under Art. 267 of the Revised Penal Code and Sec. 3 (e) of RA 3019 or the Anti Graft Law but also for violation of Art. 231 of the Penal Code:
 

Art. 231. Open disobedience. — Any judicial or executive officer who shall openly refuse to execute the judgment, decision or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties of arresto mayor in its medium period to prision correccional in its minimum period
 

Mayor Soledad has not been designated custodian by the court and is therefore criminally and administratively liable if she accepts custody of the women. The Kabankalan RTC should cite the military respondents and Mayor Montilla for contempt for their blatant disregard of the court’s orders. The decision has been rendered and any attempt to pressure the judge to reverse the decision will only add to the liability of the respondents.
 

Despite positive results from the two decisions above, human rights lawyers should remain vigilant against government acts to subvert these decisions. Human rights advocates must pursue these amparo decisions relentlessly until those who committed these human rights crimes are held accountable for their criminal acts and that justice be served.

Reference: Atty. Neri Javier Colmenares – 09178350459
Date: October 8, 2008

Nationall Union of Peoples Lawyers