The Supreme Court recently issued a writ of amparo to protect a 63-year old urban poor leader who was allegedly abducted, illegally detained and subsequently released by military agents last April.
In a three-page resolution issued last Oct. 31, the Court ordered the respondents, including President Arroyo, to make a return of the writ before the Ninth also likewise directed the Court of Appeals to hear the petition of Ugnayan ng Maralita Para sa Gawa at Adhikain (UMAGA) Federation chairperson Lourdes Rubrico, et al. on Nov. 13 and decide the case within 10 days after its submission for decision.
Respondents were President Arroyo, Armed Forces of the Philippines chief Gen. Hermogenes Esperon, Philippine National Police chief Director Gen. Avelino Razon, Maj. Darwin Sy a.k.a. Darwin Reyes, Jimmy Santana, Ruben Alfaro, Capt. Angelo Cuaresma, a certain Jonathan, Police Supt. Edgar Roquero and Police Senior Insp. Arsenio Gomez.
Ma. Luisa Villarama, clerk of court of the Supreme Court, signed the writ of amparo.
In her complaint, Rubrico said suspected military agents took her into custody last April 3 in Dasmariñas, Cavite where she was then attending pabasa or the Holy Week tradition of reading Christ’s passion.
She said she was detained at the Philippine Air Force field station at Fernando Air Base in Lipa City, Batangas.
Rubrico said her captors interrogated her about her alleged links to the communist movement.
“They accused me of being a communist. They kept asking me to confirm the involvement of certain individuals in the communist movement. They said they were already digging a grave where I would be buried,” Rubrico said.
She said she was detained until last April 10, when her abductors released her after she signed a statement that she would become their asset.
She said motorcycle-riding men wearing bonnets or ski masks had harassed her and her two daughters, co-petitioners Rubrico Apruebo and Mary Joy Rubrico Carbonel, after her release.
Fearing that there will be threats on their lives, they were forced to leave their house in Bagong Bayan, Dasmariñas, Cavite.
The High Court has already issued a writ of amparo for five persons.
The first writ was issued for University of the Philippines (UP) students Sherlyn Cadapan and Karen Empeno and farmer Manuel Merino.
The second was issued for farmer brothers Raymond and Reynaldo Manalo, who sought the High Court’s protective custody and to stop their arrest.
The High Court has already initiated the education of the public on the writ of amparo, which was described by Chief Justice Reynato Puno as “the greatest legal weapon to protect the constitutional rights of our people.”
The writ of amparo, which took effect last Oct. 24, is considered the most potent remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission by public officials or employees and by private individuals or entities, the Supreme Court said.
The writ of amparo was promulgated pursuant to the recommendations of the National Consultative Summit on Extrajudicial Killings and Enforced Disappearances called last July by the Chief Justice.
Rubrico, who was allegedly abducted by military agents last April in Cavite, asked the Supreme Court last Oct. 30 to issue a writ of amparo for her protection.
Also known as “Nanay Ude,” Rubrico was accompanied by members of the militant women’s group Gabriela in filing her petition.
“Nanay Ude’s case is significant in the continuing fight for justice of families of the desaparecidos. She was able to survive the military abduction and now dares to confront her abductors,” said Emmi de Jesus, Gabriela secretary general.
De Jesus said there are now 29 women missing and believed to have been abducted by authorities and considered as desaparecidos or victims of enforced disappearance.