A PETITION for writ of amparo was filed yesterday before the Supreme Court seeking protection and the return of two “arrested” labor organizers, and the inspection of Camp Aguinaldo in Quezon City and Fort Magsaysay in Palayan City, Nueva Ecija.
Named respondents in the petition were AFP chief of staff Lt. Gen. Bartolome Vicente Bacarro, acting Defense Secretary Jose Faustino Jr., National Intelligence Coordinating Agency chief Ricardo De Leon, Philippine Army Commanding General Romeo Brawner Jr., Army acting chief of staff Maj. Gen. Roy Galido, AFP deputy chief of staff for Intelligence and ISAFP Chief Maj. Gen. Romulo Manuel, and Brig. Gen. Nolasco Mempin in his capacity as deputy chief of staff for Civil Military Operations.
Petitioners Ruth Manglalan and Alyssa Marie Magbanua alleged that Elizabeth “Loi” Magbanua and Alipio “Ador” Juat were “abducted last May 3, 2022 and are being held against their will in Camp Aguinaldo.”
They said that the speedy issuance of a writ of amparo and temporary protection order and the immediate inspection of the two military camps where they are being held against their will is needed to ensure their safety and return from detention.
“Petitioners assert that Juat and Magbanua’s rights to life, liberty and security are being violated and continue to be violated as of the filing of this petition and invoke the jurisdiction and power of this Honorable Court to issue this protective writ,” the 19-page petition said.
A writ of amparo (a Spanish word that means protection) is a special writ to protect or enforce a constitutional right other than physical liberty.
They said that they have no other recourse but to seek the court’s intervention after their efforts to locate the two, including visits to police stations and detention facilities proved futile.
Among the police stations and detention facilities they have visited are the Manila Police District, Sta. Cruz police station 3, Camp Bagong Diwa in Taguig City, Camp Karingal in Quezon City, Quezon City Quarantine Jail Facility in Payatas, Bagong Silang police station 13, Quezon City police station 10, Quezon City jail, CIDG-NCR in Camp Crame, Valenzuela City police station and Valenzuela City jail.
“Most of the police stations and detention facilities refused to give any information while others confirmed that Ador and Loi or any of them are not detained or in their custody or within the premises of said facilities but refused to sign the inquiry forms,” the petitioners said.
At Camp Aguinaldo, the petitioners said, they were able to talk to one Brig. General Alejandro Noel Nacnac but were not allowed to search the premises and was issued only a certificate of appearance to prove that they visited the military headquarters.
They added that when they went to the NICA office, they were told that there was no detention facility to hold any individual.
Visits to several hospitals in Metro Manila, including the Philippine General Hospital, also proved futile.
With this, they told the SC that the respondents and their agents and others acting on their behalf continue to violate the duo’s rights to life, liberty and security.
“The continued disappearance of Loi is an indisputable proof that her rights to life, liberty and security was already violated the moment she was abducted and eventually ‘disappeared’ on May 3, 2022. The fact that she remains missing up to the filing of this petition is proof that that there is violation of these immutable rights,” the petition said.
As to Juat, they said that while he has been able to continuously communicate with his daughter Marielle, and the latter was able to visit him three times in Camp Aguinaldo since May 3, “does not mean that his right to liberty was not violated and is continuously being violated.”
“The fact remains that both Loi and Ador are victims of enforced disappearance,” they added.
While Juat was detained in Camp Aguinaldo, the petitioners said Fort Magsaysay should also be inspected as it was the biggest military camp outside of Metro Manila.
Juat is a long-time unionist and community organizer for the Kilusang Mayo Uno and a survivor of martial law.
KMU secretary general Jerome Adonis said he and Magbanua were abducted by armed men who said they were from the Philippine Navy.
Magbanua is also a long-time organizer of KMU.
Maglalan, who is Magbanua’s partner, said the two have just attended a meeting in Valenzuela City on May 3 related to their community organizing work when they were abducted.
