CA junks amparo petition of teen witness’ parents

MANILA, Philippines - A16-year-old boy who tagged Pangasinan Gov. Amado Espino Jr. in the killing of Infanta town Mayor Ruperto Martinez in December last year would have to remain in government custody after running away from home.

This, after the Court of Appeals (CA) dismissed the petition for writ of amparo filed by the teenager’s parents seeking to regain his custody from the Department of Social Welfare and Development (DSWD).

In a 10-page decision, the CA’s former 17th Division junked the allegation of the witness’ parents that their son was “abused and manipulated” by authorities and enticed into pointing to Espino and Pangasinan first district Rep. Jesus Celeste as the alleged masterminds in the Martinez slay.

“There is no proof that the respondents are responsible or accountable for violating or threatening the right to life, liberty and security of (witness),” read the ruling penned by Associate Justice Sesinando Villon.

Associate Justices Florito Macalino and Samuel Gaerlan concurred with the ruling.

The CA held that the fears of petitioners Jaime and Ester Aquino emanate from “unnamed elements that are not connected to the respondents.”

“With more reason, then, that the Court is inclined to believe that (the witness’) security and safety will be better served if he remains at the custody of the DSWD,” it said.

The writ of amparo sought by the boy’s parents, according to the CA, is an “extraordinary remedy” dedicated to cases of extra-legal killings and enforced disappearances.

The CA also thumbed down the petitioners’ prayer to stop the Department of Justice (DOJ) from proceeding with its preliminary investigation into the murder charges against Espino and Celeste based on their son’s affidavit.

“Their bare claim that (the witness’) statements in his affidavit were fabricated is not enough to stop the DOJ’s investigation, nor enjoin its prosecutors from utilizing (the witness) as witness to the crime,” it said.