No coercion in Aeta farmers' SC plea, NUPL says after government swoops in
MANILA, Philippines — Aeta farmers Japer Gurung and Junior Ramos were not forced to sign a pleading signifying their intent to join the legal fight against the Anti-Terrorism Act (ATA) at the Supreme Court, the National Union of Peoples' Lawyers said.
The group issued the statement after Solicitor General Jose Calida told the Supreme Court that the Public Attorney's Office was now lawyering for the two and wish to withdraw the said pleading, a development that NUPL was not informed about beforehand.
“The two Aetas were ‘not forced to sign.’ In fact they could not read or write so they just affixed their thumbmarks, after the ATA, the pending petitions before the [SC] and the final draft Petition-in-Intervention were discussed to them patiently,” the NUPL said in a statement.
The lawyers’ group also said that a notary public went to their detention cell on January 31 and asked them "if the Petition-in-Intervention was explained to them before she notarized the document."
Calida, at Tuesday’s resumption of oral arguments, made a manifestation that Gurung and Ramos — detained and charged for an alleged violation of the ATA — are withdrawing their petition-in-intervention submitted last week with the assistance of the NUPL.
Calida had claimed that Gurung and Ramos, in their affidavits now subscribed to with lawyers from the PAO, said they were duped into signing the pleading.
Chief Justice Diosdao Peralta however said that the SC had already voted unanimously to junk the Aetas’ pleading in its en banc session. No other details on the justices’ vote has been made public.
NUPL: Our lawyers were not informed
Calida told the SC that he will be submitting affidavits of Gurung and Ramos, “subscribed before PAO lawyers, attached to the endorsement to the OSG duly signed by provincial commissioner on National Commission on Indigenous Peoples.”
Reading from the affidavit, Calida said the two Aetas said: “Aming inuurong ang Petition-in-Intervention na aming napirmahan sa kadahilanang hindi bukal sa aming puso at kapasyaan ang pagpirma.”
(We are withdrawing the Petition-in-Intervention that we signed because we did not do so voluntarily)
Calida said Gurung and Ramos said in their new affidavit that they were offered P1,000 to sign the NUPL's affidavit.
The NUPL said lawyers from its Central Luzon chapter are representing Gurung and Ramos in the criminal cases against them and in the Petition-in-Intervention. Thus, they should have been informed of the development by PAO and NCIP.
“We requested Atty. Julian Oliva, NUPL-National lawyer, who was then in his provincial residence in Olongapo, to visit the Aetas in the Olongapo City District Jail with full knowledge, authority and close coordination with NUPL-CL lawyers, on or about January 30 for personal consultations,” the NUPL said of discussion on the petition.
They also said Oliva had explained carefully to Gurung and Ramos what the pleading to be submitted to the SC was about and how it might affect the pending criminal case against them.
“There was no coercion, force, deceit, misrepresentation, favor or any other act or omission that vitiated the free, prior and informed consent of the Aetas to agree to the filing of the Petition-in-Intervention as the well-documented (videos and photos) consultations with Atty. Oliva was conducted before a long table separated by a plastic barrier within sight and hearing distance of the BJMP guards,” the NUPL added.
The group also said they received reports that representatives from the NICP and PAO, before and after the filing of the petition, have been visiting the Aetas and persuading them to sever ties with them. The NUPL has not presented proof of this allegation.
The lawyers’ group however said they will address in writing Calida’s Manifestation and any motion that may later be filed over the case.
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