Despite Calida manifestation, NUPL lawyers say they still represent Aeta farmers
MANILA, Philippines — Disputing Solicitor General Jose Calida’s claim, the National Union of Peoples’ Lawyers-Central Luzon has asserted its lawyers are still the counsels on record of Aeta farmers Japer Gurung and Junior Ramos in the anti-terrorism law case filed against them.
In a statement, NUPL-CL also said that the Aeta farmers’ “accounts of the illegal arrest, arbitrary detention, torture, and cruel, inhumane and degrading treatment and punishment, and incriminatory machinations that they suffered in the hands of their military captors are well-documented and they have not repudiated these.”
Calida on Tuesday made an oral manifestation that he has an affidavit signed by Gurung and Ramos, subscribed before Public Attorney’s Office lawyers, that they were “forced” to sign the Petition-in-Intervention filed February 2, through the NUPL, and are withdrawing it.
But the NUPL-CL lawyers, who have been legal counsels for Gurung and Ramos since September 2020, said they were “clueless” about the two Aeta farmers’ denial that their signing of the Petition-in-Intervention was done voluntarily.
“What we know is that representatives from the National Commission on Indigenous Peoples (NCIP), including a lawyer, have been visiting and talking to them without our knowledge and in our absence,” they said.
The lawyers also asserted: “No force, coercion, bribery, deception, or any other means that vitiate their will was employed to get their full, prior and informed consent regarding their Petition-in-Intervention assailing the constitutionality of the [Anti-Terrorism Act].”
“Unless a proper pleading or motion is duly filed, confirmed as voluntary, and granted by the court accordingly, the NUPL-CL still technically remains their counsel of record. But if they wish to change counsel, which is their absolute right, we will fully respect their decision,” the NUPL-CL added.
The Aetas’ account
In their Petition-in-Intervention filed February 2, hours before the SC started its oral arguments, Gurung and Ramos said they were detained for six days and said they were tortured and made to confess to being members of the NPA. They narrated that they were tied up, mauled, placed inside a sack and hung upside down, a plastic bag was also placed over their head, and they were ordered to eat their own feces.
“They were interrogated without counsel and were forced to admit that they are members of the NPA,” the petition read.
The same account was also included in an earlier pleading filed by the NUPL national chapter in November 2020, where the petitioners pressed the SC to issue a temporary restraining order to suspend the implementation of the law.
The SC earlier Tuesday unanimously denied Gurung and Ramos’ petition. Spokesperson Brian Hosaka said this was “because there is already a pending case before the trial court.”
Sen. Panfilo Lacson was quoted in an ABS-CBN tweet report as saying that the SC’s denial of the petition “does not indicate anything.”
“The Supreme Court does not telegraph how they resolve constitutional issues brought before its attention,” he added.
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