SC to Duterte: Comment on writ in NUPL’s favor

MANILA, Philippines — The Supreme Court (SC) yesterday ordered President Duterte, as commander-in-chief of the Armed Forces of the Philippines (AFP), to comment on the writ of amparo and habeas data in favor of the National Union of Peoples’ Lawyers (NUPL) that sought protection from alleged harassment and violence of the state. 

In a statement, the SC said it ordered Duterte and National Security Adviser Hermogenes Esperon Jr., a retired military general, and several others to confirm they received a copy of the writ of amparo and habeas data order on or before May 8 and to submit their comments before Wednesday. 

The SC, which has yet to release a full copy of the order, said it also referred the NUPL petition to the presiding justice of the Court of Appeals (CA) who was directed to immediately raffle the case among the appellate justices. 

The CA was further directed to hear the petition on May 14 and to decide the case within 10 days after submission of the case for decision.

In its petition, NUPL and the other petitioners sought the issuance of the writ of amparo and habeas data for their protection as they claimed that their rights to life, liberty and security have been violated and continue to be violated through the persistent threats and harassment and red-tagging allegedly done to vilify, intimidate and prevent them from pursuing their profession as members of the Bar and from practicing their advocacy as peoples’ lawyers serving the poor and the marginalized.  

They claimed that some NUPL members have died in the line of duty. 

The also asked the SC to compel the respondents, under the writ of habeas data, to provide them with copies of all the facts, information, statements, records, photographs and other evidence, documentary or otherwise, pertaining to each of them in the respondents’ files and records. 

Also named as respondents were Defense Secretary Delfin Lorenzana, AFP chief of staff Gen. Benjamin Madrigal Jr., AFP deputy commander for intelligence Brig. Gen. Fernando Trinidad, AFP Intelligence Service of the Philippines (ISAFP) chief Maj. Gen. Erwin Bernard Neri, Philippine Army commanding general Lt. Gen. Macairog Alberto and AFP deputy chief of staff for civil military operations Maj. Gen. Antonio Parlade Jr. 

Meanwhile, NUPL president Edre Olalia said they were pleased that the high court favorably acted on their petition. 

The SC’s order was issued on the day when the results of the 2018 Bar exams were released and as they welcome their new colleagues in the profession.

“It gives our new lawyers a veritable food for thought while they rightfully celebrate,” Olalia said.  

He added that this “also sends a strong and clear signal to the military and government officials alike, as well as their proxies or agents, that there are certain well-defined rules of evidence not incompatible with basic fairness, decency, common sense and logic that must be observed.”