In civilian petition for Writ of Amparo

Will CPP-NPA respondents show up for March 24 hearing by Judge Abarquez?

By CHITO D. DELA TORRE
March 23, 2008

BASEY, Samar  –  At 8:30 o’clock in the morning of March 24, all heads and eyes may turn to the sala of presiding judge Jovito C. Abarquez of Branch 30, Regional  Trial Court, here to find out if Communist Party of the Philippines founder Jose Maria Sison and 37 others in the underground armed rebel organizations will walk in and answer, or “file their verified return with their supporting affidavits”,  whether or not a 14-page petition for a Writ of Amparo can be granted to a civilian petitioner for a writ of amparo.

Judge Abarquez, in Special Proceedings No. 2008-03-664 issued on March 18, copy of which was furnished this writer today by Lt. Col. Jonathan G. Ponce, battalion commander of Philippine Army’s 62nd Infantry (Unifier) Battalion, has directed Sison (known in the 70s as “Amado Guerrero”), and co-respondents in the case to filed their return.

Security Concerns

Lt. Col. Ponce said “security will be provided” to all, meaning all the parties involved, petitioner, respondents, and others concerned, including the town proper.  The assurance of the battalion commander is made in light of anxieties of a few residents that the mere appearance of respondents and their possibly armed supporters might pose security risks.  The whole battalion is ready for everything just to let the process of justice go smoothly, Ponce told this writer.

Petitioner is 19-year old Dennis Gutierrez Gacuma of barangay Cancaiyas, Basey who appears to be the first civilian in the Philippines to have filed a petition for a court writ of amparo.  His petition was received by the RTC Branch 30 at four o’clock in the afternoon of March 17.

Dennis is one of several eyewitnesses to the October 24 late afternoon forcible abduction of her mother, Elizabeth Gutierrez, by the NPA, while her mother was campaigning for punong barangay in the interior sitio of Lanaga in Cancaiyas, (a post which she won days after her abduction).  Since that day, her mother remained in the hands of the NPA and was unable to assume the position to which she was elected convincingly.  Also since the hour after the NPA rebels “dragged” away from the village plaza, the NPA had been hunting for Dennis.

Court’s Desire

The Monday hearing of the petition, the first of its kind to be witnessed in this town which, despite its 30-minute-travel-distance proximity to Tacloban City, the regional capital of Region VIII, reportedly went cloaked in fear for over 30 years due to presence of members of the New People’s Army and several training grounds, until subjected to massive tactical clearing operations by Lt. Col. Ponce and his men from November 3, 2006 until lately.

In his order, Judge Abarquez directed Sison, et al, to file their lawful defenses “to show that the respondents did not violate or threaten the life, liberty and security of the petitioner, through any acts or commission”, among others.

The order also said: “This return as directed in this writ cannot be extended except on highly meritorious grounds.  It shall be remembered that a general denial (of) the allegations in this petition shall not be allowed.  All defenses shall be raised in the return, otherwise, they shall have been deemed waived.”

Judge Abarquez prohibited 12 specific motions, namely: motion to dismiss; motion for  extension of time to file opposition, affidavit, position papers and other pleadings; dilatory motion for postponement; motion for bill of particulars; counterclaim or cross-claim; third party complaint; reply; motion to declare respondent in default; intervention; memorandum; motion for reconsideration of interlocutory orders or interim relief orders; and petition for certiorari, mandamus or prohibition against any interlocutory orders.

The judge’s order said that in case of respondents’ failure to file their return, “the Petition will be heard by the Court ex-parte”.

Co-Respondents

Named along with Jose Maria Sison, who is the CPP-New People’s Army central committee chairman reportedly based in Utrecht, the Netherlands “where he can be served summons and other court processes”, are the following:

Julieta De Lima-Sison and Luiz Jalandone alias “Loouie” who are CPP-NPA members also believed to be in Utrecht; Saturnino Ocampo, also known as “Ka Satur”, a CPP-NPA member and Member of the House of Representatives;

Other alleged CPP-NPA members – Gregorio Rosal, a.k.a. Ka Roger, of Sto. Tomas, Batangas; Benito Tiamson, a.k.a. Celo, and Wilma Austria-Tiamson, both of 38 Kapitan Milyong, San Roque, Marikina, Metro Manila; Allan Jasminez of 955 Sto. Tomas St., Sampaloc, Manila; Elizabeth Principe, a.k.a. Salen of Balay Obrero, Project 3, Quezon City; Randall Echaniz, a.k.a. Open, who is presently detained at the Leyte Provincial Jail in Kauswagan, Palo, Leyte; Prudencio Calubid, a.k.a. Red Star, Rosita Taboy, a.k.a. Laling, Eliseo Pecorro, a.k.a. Selong, and Lilia Bucatcat, a.k.a. Gilay, all of San Andres, Villareal, Samar; Serapio Garabilis of Calbayog City;

Abdias Guadiana, a.k.a. Abdul, of San Julian, and Santiago Salas, a.k.a. Mando, of Guiuan and Gregorio Tadeos, a.k.a. Amir of Del Remedio, Sulat, all in Eastern Samar; Eduardo Sarmiento, a.k.a. Edok, of Irawahan, Catarman, Northern Samar; Renato Baleros, a.k.a. Kanor, Vangie Colinaryo, a.k.a. Adin, Artemio Estuita (a.k.a. Maning), Tirso Estuita (a.k.a. Doto or Goryo), Leo Estuita (a.k.a. Nardo or Buko) and Edward Ecaldre (a.k.a. Neil), of sitio Cambabang, Cogon, Basey; Rene Rodriguez (a.k.a. Bador) and Enrique Herellana (a.k.a. Mito), Jose Belanigue, Roque Herellana (a.k.a. Okaw), Erwin Lagucay (a.k.a. Eman), and Bodoy Mabahin of sitio Ogbok, and Julie Abena, all of Villa Aurora, Basey; Tenny Amante and a certain “Camlon”, both of Cancaiyas, Basey;

Amado Adelantar, a.k.a. Butil, of Inalad, Paranas, Samar; Ciriaco Jerusalem, a.k.a. Gimo; Eddie Rodriguez, a.k.a. Eds, of Magsaysay, Sta. Rita, Samar; Baltazar Abaratigue, a.k.a. Homer, of Lim-aw, Hinabangan, Samar.

Positions of Respondents in Rebel Group

In his petition, Dennis identified Abdul as secretary and Edok, Laling, Mando, Amir, Selong, and Toots as members of the CPP-NPA Executive Committee of the Eastern Visayas Regional Party Committee (ERPC). While Kanor is secretary, Butil, Gimo and Adin are members of the executive committee of the Komiting Tagapagpatuman (KT) of the Samar Provincial Party Committee.

Dennis claimed that except for Ka Gilay whose is secretary, Eds, Homer, Bador, Mito, Julie, Jose, Okaw, Eman, Bodoy, Maning, Doto/Goryo, Neil, Nardo/Buko, Tenny and Camlon are members of the Komiting Tagapagpatuman (KT) of the South Samar Front 2 (SSF2), SPPC, EVRPC, CPP-NPA and of the so-called Sentro de Grabidad (SDG) of the SSF2.

Dennis’ Prayer

Having averred “the gross and blatant violation of the right to life of Elizabeth Merced Gutierrez and the real and imminent threat to the life, liberty and security of herein petitioner”, Dennis prayed for a court order directing the respondents to “cease and desist from further committing the acts complained of, that is, from further hounding and harassing the petitioner and the immediate members of his family thereby threatening the latter’s life, liberty and security”.

Dennis wishes that the court will require respondents “to surrender or at least pinpoint the mortal remains of Elizabeth Merced Gutierrez so that she will be given the prescribed rites and a decent burial in consonance with her and her family’s religious beliefs and affiliation”

He is also praying for a court “production order” requiring them to allow the RTC Branch 30 and him “to have access and/or be given copies of pertinent documents, records, papers, photographs and other tangible things or objects which the respondents and/or their organization may have germane to the kidnapping and extra-judicial killing of Elizabeth Merced Gutierrez”.

Dennis further sought for a temporary protection order so that a government agency can extend protection to himself and his family members, at the 8th Infantry Division, Philippine Army based at Camp Lukban, Catbalogan City.

He signed his petitioned on March 14, 2008 and filed it with the RTC Branch 30 in Basey on March 17.