Writ of Amparo filed

CEBU, Philippines - Continuous threats allegedly received by farmers in Aloguinsan recently involved in a land dispute has prompted their counsels to seek permanent protection by filing a Writ of Amparo in court.

Defense lawyer Ian Vincent Manticajon filed last Friday a petition for the Writ of Amparo and sought for protection orders and production of personal belongings.

The Writ of Amparo is a legal means designed to protect the constitutional right to life, liberty and security of the people.

The farmers’ lawyers also filed a motion to quash the information filed against the farmers, minors and students whom they alleged were illegally arrested and their belongings confiscated.

Manticajon earlier said this was a legal move to protect farmers against respondents which include Police Regional Office (PRO-7) Director Senior Supt. Ager Ontog, Cebu Provincial Police Office (CPPO) Director Senior Supt. Patrocinio Comendador Jr., Chief Insp. Rusty Santos, Inspector Julius Ompad, Senior Supt. Jamie Tolentino, Assistant Provincial Prosecutor Petronio Elesterio and heirs Jufil Gantuangco Sato, Venus Perez, Rhet Nadela and Blossom Rose Osigan.

The farmers and students claim they were illegally arrested last August 29, 2011 at Sitio Bonbon, municipality of Aloguinsan.

They also alleged that they were “subjected to all kinds of physical manhandling and harassment under the supervision and direction of respondent-police officers while they were protesting the fencing of their disputed farmlands by purported landowners assisted by the police, military and private armed guards.”

According to the petition, “petitioner-students were likewise illegally arrested while they were conducting a countryside immersion activity and documenting the plight of the farmers whose occupancy and rights over their farmlands were being severely threatened.”

Manticajon said their clients did not commit any offense when they were arrested on August 29 and were not informed of the cause for their arrest which he said is another violation of their rights.

Petitioners said they were “dragged like pigs” and subjected “to all sort of physical manhandling and heavy-handedness.”

Their right to security and liberty were allegedly violated after they were illegally arrested and detained.

In their motion to quash information, petitioners stressed that the case filed against them was not the same with the cause of their arrest and is a clear manifestation that the charges and the information filed is politically motivated..

Petitioners also questioned the filing of the case before Regional Trial Court Toledo City claiming Prosecutor Elesterio based it only on a single joint-affidavit executed by the police.

“The affidavit lacked the material allegation that the petitioners were caught in the act of throwing things at the police or attacking them. Police also could not produce the inventory of the alleged confiscated items recovered from the petitioners, raising suspicions that these alleged evidences were planted to support their baseless charges,” the petition reads.

Petitioners alleged the police officers also arrested civilians on the site without basis. They were released from detention last Friday and Saturday after posting bail for two cases of direct assault and resisting arrest.

The farmers are now back in Aloguinsan and rebuilding their camp site on the disputed land in Barangay Bonbon.

Bayan Muna Secretary-General Arman Perez said this only shows that the farmers resolved to continue and even leveled up their struggle “onward to victory.”

“Nahibong gani ko last Saturday pagka-release nila. Dapat naa pa’y psychosocial ug medical check up. Sa sobra tali nilang kalipay, miuli dayon, a sign na wa jud sila nahadlok sa bisan unsa nga form of harassment,” he said.

Perez said the Department of Public Works and Highways’ issuance of an order for the Gantuangco family to remove the concrete fence that they constructed on the lot as it exceeded the five-meter easement from the highway, is a small victory for the farmers.

“Blessing in disguise ni kay mismo sila (Gantuangco camp) wa kahibaw sa ilang mga ginabuhat. Ang mga farmers karon mas firm sa ilang baruganan. Di na sila mapapahawa diha. It’s another headache for the Gantuangcos,” he said.

Perez disclosed that the Gantuangco family, through lawyer Francisco Amit, met with some of the farmer leaders before and offered them a relocation site just near the area for them to leave the lot.

He said the relocation site offered is not enough for over 300 families that would be leaving the lot.

“Lahi man gud ang panguma kaysa mag-garden na lang ka,” Perez added.

He said these families, who are original members of Bayan Muna, are also the beneficiaries of their water system project in the barangay. Perez said the farmers welcome the willingness of Cebu Archbishop Jose Palma to mediate in the issue. (FREEMAN)