Appeal of young activist's mom to reverse dismissal of kidnapping rap vs Elago, Anakbayan junked
MANILA, Philippines — The Department of Justice has junked the appeal of the mother of a young activist to reverse the dismissal of criminal complaints against activists, including Rep. Sarah Elago (Kabataan party-list), accused of kidnapping her daughter to join Anakbayan.
The DOJ junked the appeal, by way of Petition for Review, of Relissa Lucena, mother of young activist Alicia Jasper, for “failure to comply with mandatory requirements” held in an earlier department circular.
Relissa sought to overturn the dismissal of the kidnapping and failure to return a minor, and crimes against international humanitarian law complaints against Elago, Communist Party of the Philippines founding member Joma Sison, National Union of Peoples’ Lawyers member Neri Colmenares, five officers of Ankabayan and three others.
Assistant State Prosecutor Noel Antay Jr., in a resolution dated Oct. 15, 2020, dismissed the complaints due to lack of evidence. "In fact, their allegation that Anakbayan recruits minors to become members of the CPP-NPA-NDF remains unsupported by any evidence and would not suffice to determine the existence of probable cause," the resolution read.
The Office of the Secretary of Justice, in resolving the Petition for Review, pointed out that Department Circular No. 70 series of 2000 provides that dismiss a petition for review if the procedure or requirements in the directive is not followed.
Among these is that the petition should have proof of service of a copy thereof to the adverse party and the prosecution office.
“It is not clear in the instant Petition that both Respondents-Appellees and the Prosecutor General were furnished with a copy thereof. Moreover, Complainant-Appellant failed to attach a legible duplicate original or certified true copy of the Resolution appealed from,” the resolution penned by Justice Assistant Secretary Margaret Castillo-Padilla read.
The DOJ said that while the right to appeal is also part of due process, it should be exercised in accordance with the law.
“The party who seeks to avail of the same must comply with the requirements set forth in the law. Failing to do so, the right to appeal is lost,” it added.
Relissa was represented by the Office of the Solicitor General in her Petition for Review.
Supreme Court petition
Alicia’s parents also ran to the Supreme Court by way of petition for writ of amparo and habeas corpus, but the tribunal junked their pleading as it held that the young activist’s situation “does not qualify either as an actual or threatened enforced disappearance or extralegal killing.”
The court also held that AJ was not missing, or being detained and kept against her free will.
AJ’s mother, Lucena, was one of the resources speakers, in the Senate committee on public order and dangerous drugs’ hearings on the supposed disappearance of minors after being recruited by left-leaning groups in 2019.
AJ in a video posted by Film Weekly said that she was not missing and was not kidnapped. She also said that she left their home and voluntarily joined Anakbayan.
- Latest
- Trending
