SC denies review petition filed by “marijuana planters”

CEBU, Philippines - The Supreme Court has denied a petition for review filed by alleged marijuana planters in Barangay Tabunan on the dismissal of their petition for writ of amparo against the barangay captain and several tanod members.

 In a six-page decision, Chief Justice Maria Lourdes Sereno found no sufficient evidence to reverse the Regional Trial Court ruling dismissing the petition for writ of amparo filed by spouses Nerio and Soledad Pador and their son Rey Pador against barangay captain Bernabe Arcayan and barangay tanods Romeo Pador, Alberto Alivio, Carmelo Revales, Roberto Alimorin, Winelo Arcayan, Christopher Alivio and Bienvenido Arcayan.

“We uphold the RTC’s resolution and deny the instant petition. To be entitled to the privilege of the writ, petitioners must prove by substantial evidence that their rights to life, liberty and security are being violated or threatened by an unlawful act or omission,” the en banc decision reads.

The high tribunal ruled that based on the evidence presented there was no indication that petitioners’ rights were being violated.  The petitioners claimed that sometime in February 2008, rumors circulated in the barangay that they are into “marijuana planting.” As a result the respondents raided the petitioners “ampalaya farm” on March 17, 2008 but no marijuana plants were found.

Despite the negative result, the petitioners said they were summoned by the barangay to a conference but they refused to attend upon the advice of their counsel.

The petitioners instead sent a letter reply to the barangay which the respondent barangay captain allegedly refused to receive. The petitioners took the raid and the refusal of the barangay captain to receive their letter as threats to their right to life, liberty and security.

The respondents said they received information on March 16, 2008 about the alleged marijuana plantation in Sitio Gining, Tabunan. On March 17, 2008, one of the respondents was accused by Nerio of allegedly uprooting his marijuana plants. Nerio even threatened one of the respondents to be killed.

The respondents denied conducting the raid against the petitioners. According to the respondents, they conducted a search in the lot owned by David Quintana.  (FREEMAN)