Farmers group seeks amparo writ vs AFP, PNP

A farmers group has asked the Supreme Court (SC) to hand down a writ of amparo and habeas data to stop the states security forces from undertaking acts of abuse against them in Aurora province.

In a 20-page petition for review on certiorari, Elmer Dayson of the Anakpawis party-list group and leader of the Panlalawigang Alyansa ng mga Magbubukid sa Aurora (Pamana) asked the SC to reverse the decision rendered by the Regional Trial Court of Baler, Aurora, Branch 66 last July 31, which turned down his petition for writ of amparo and habeas data.

Dayson named Armed Forces of the Philippines (AFP) Chief of Staff Gen. Victor Ibrado, Philippine National Police (PNP) chief Director General Jesus Versoza, former Army 48th Infantry Battalion (IB) commander Col. Natalio Jayson, incumbent 4th IB commander Col. Elias Escarcha, a certain Jimmy Ruidera, a certain Lt. Igloria and a certain Lt. Carsano of the Army’s 48th IB and several John Does, as respondents in the case.

He also asked the high court to order the abovementioned military and police officials and men to desist from conducting surveillance on his family and getting near their residence and place of work.

Represented by lawyer Amelia Garchitorena of the Public Attorney’s Office, Dayson said the lower court committed error when it dismissed his suit on the ground of lack of substantial evidence.

“It is true that the petitioner is not certain about the identity of the uniformed men lurking in the vicinity of his house, and those responsible for the series of knocks that disturbed the tranquility of his home. But as these annoyances happened after the respondents threatened to harass him, the likelihood that the respondents were the ones responsible therefore is too evident to be regarded as coincidental. Thus, the grant of the interim relief of temporary protection order is warranted to forestall further violation of the petitioner’s already tarnish constitutional right,” Dayson said in his petition.

According to Dayson, after visiting his daughter on Sept. 29 last year in Sitio Barangay Sabang, Baler, Aurora and was on his way home, he was approached by Ruidera who insisted on taking him to a nearby nipa hut because someone wanted to talk to him.

After a few minutes, several soldiers on board a hummer-type jeep arrived and tried to force him to board the vehicle. The farmers’ leader said he resisted the soldiers’ attempt to accost him, prompting them to just search his belongings and took pictures of him.

According to Dayson, the soldiers questioned him for three hours as they accused him of being a member of the communist rebel group New People’s Army (NPA) and one of those responsible for ambushing soldiers at Sitio Alasanay, Barangay Dimanayat, San Luis town, Aurora.

Dayson also claimed that in a meeting last May 20, members of the Army’s 48th IB associated him with the NPA and accused Anakpawis and Pamana of being subversive groups.

He said the soldiers threatened to knock at the door of his house every night if he fails to report to their camp.

Since then he and his family heard knocks on their door and noticed the presence of uniformed men surrounding their house for several nights, thus, prompting him to file a petition for writ of amparo and habeas data against the military and the police.

Dayson also sought the return of his pictures and other documents that were allegedly taken from him by the soldiers who had accosted him and for the purported military intelligence reports involving him to be disclosed by the Armed Forces. –Benjamin B. Pulta, Daily Tribune