SC junks Anakpawis man's plea for amparo, habeas data
MANILA, Philippines - The Supreme Court (SC) has denied with finality Anakpawis member Francis Saez's plea for the issuance of the writs of amparo and habeas data and the inclusion of former President and now Pampanga Rep. Gloria Macapagal Arroyo as a respondent in the special civil action.
In a 19-page Resolution penned by Associate Justice Bienvenido Reyes, the high court junked Saez's motion for reconsideration (MR) on the junking of his petition for review which sought a reversal of a Court of Appeals (CA) ruling denying "on formal and substantial grounds" his petition for the issuance of the writs.
The high court said it agreed with with the CA that the petitioner failed "to discharge the burden of proof imposed upon him by the rules to establish his claims."
On March 6, 2008, Saez filed with the high court a petition to be granted the privilege of the writs of amparo and habeas data with prayers for temporary protection order, inspection of place and production of documents, expressing fear of being abducted and killed in the wake of alleged surveillance and monitoring of his activities by state forces on suspicion he is connected with the Communist Party of the Philippines (CPP).
He named the following as respondents: Mrs. Arroyo, as then commander-in-chief of the Armed Forces of the Philippines (AFP), then AFP chief-of-staff Gen. Hermogenes Esperon, then national police chief Dir. Gen. Avelino Razon, '22Nn Mico,' Capt. Lawrence Banaag, 'Sgt. Castillo,' Capt. Rommel Gutierrez, Capt. Jake Obligado, Cpl. Romanito Quintana, Pvt. Jerico Duquil, Cpl. Ariel Fontanilla, 'Capt. Alcaydo,' '1Sgt,' Pvt. Zaldy Osio, 'PFC Sonny,' 'Cpl. James,' 'Joel,' Roderick Clanza, and Jeffrey Gomez.
The high court issued a writ of amparo and remanded the case to the appellate court for hearing and decision.