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.
In his verification
and affidavit of non-forum shopping, Dennis said that except for the
case for “Kidnapping and Serious Illegal Detention” which was filed by
the Basey Philippine National Police and is now pending before the
Provincial Prosecutor’s Office of Samar “(and thus treats of an issue
different from this petition), I have not commenced any other action
involving the same issue or issues in the Supreme Court, the Court of
Appeals or in any other court, board, tribunal or agency”.
Escaped provincial
jail inmate re-arrested
By BONG PEDALINO (PIA Southern
Leyte)
March 20, 2008
SAINT BERNARD,
Southern Leyte – A man detained at the provincial jail for a highway
robbery criminal case four years ago had escaped last March 8 and was
believed hiding here being his hometown.
The leads pursued by
Police authorities of this town turned out to be right when
CelsoTombiga, 30, single, was caught March 15 at barangay Sug-angon,
exactly eight days after he escaped from the provincial jail in Maasin
City.
At the time of his
renewed arrest at about
8:00 in the morning of March 15, Tombiga was with a companion
identified as Ramil Aclon, 23, single, a resident of Mahaplag,
Leyte.
“Subjects were armed
with cal .38 revolver (paltik) loaded with two live ammunition each
which were recovered from their possession and control; subjects
offered no resistance when cornered by the apprehending authorities,”
Police Chief Inspector Hector Flores Enage, Municipal Police Chief,
reported in an after-operations report to Provincial PNP Director
Supt. Nilo Donayre.
The two were
immediately brought to the police station here, preparatory for the
filing of illegal possession of firearms case, C/Insp Enage added.
Also joining the
manhunt for the escaped prisoner were elements of the Southern Leyte
Provincial Jail (SLPJ) Custodial Force and the PNP Mobile Group, it
was learned.
In Maasin City,
Joselito Magalllanes, the Officer-in-Charge (OIC) Provincial Warden
said he expected Tombiga to be back at the provincial jail next week,
when all the paper works for his new offense of possession of firearms
shall have been filed at the San Juan Municipal Court.
Asked how the prisoner
was able to escape in broad daylight on that lazy Saturday morning,
March 8, Magallanes explained that there was an ongoing seminar
conducted by a Catholic Charismatic Renewal Movement on that day, and
so this may have been taken advantaged of.
His theory was that
Tombiga managed to ride the service vehicle used by the charismatic
group on their way out through the main gate unnoticed by the guards
on duty, although he hastened to add that this was only a theory.
As of now, even with
news of the captured escapee was already known, Magallanes said he
still suspended the granting of privileges to the 81 inmates – two of
them females – as a disciplinary action for not telling the guards
that an escape plan was already hatched.
He also instructed the
guards to really do their jobs as jail guards to avoid a repeat of the
incident, Jail Warden Magallanes, who assumed as OIC only last year,
told PIA by phone on Monday.
In the past there
were also instances of jail breaks but the escapee would be
subsequently captured, it was learned.
SAGUPA-SB launch
Tabang Parag-uma to help farmers in time of calamity
Press Release
By SAGUPA-SB
March 20, 2008
TACLOBAN CITY, Leyte
– Days of continued rains due to the development of a weak La Niña
since middle of last year brought landslides, floods, displaced
several communities, isolated a province from the rest of the region,
injured many and killed eighteen as of date. Such alarming situation
prompted Sagupa-SB to launch Tabang Parag-uma, an
information-education campaign geared to help farmers understand the
effects of the La Niña phenomenon, find ways to cope with this
situation and facilitate help and assistance to hardly-hit peasant
communities.
“As of February 22,
estimated figures of the damages brought by the incessant rains are at
P659.5 million covering both damages to infrastructure and
agriculture. Around ten percent of the rice farm area in the region or
around 16,000 hectares of newly-planted areas were badly damaged with
an estimated production loss of 31,738 metric tons, as reported by the
officers of the Department of Agriculture (DA) Region 8. The province
of Eastern Samar sustained the biggest loss at P79.4 million
equivalent to 18,095 metric tons of rice. Eastern Samar is followed by
Leyte which recorded a loss of P28.9 million or 10,749 metric tons;
Northern Samar with P17.3 million worth of rice losses equivalent to
2,712 metric tons then Samar with losses of P865,000 or 182 metric
tons,” Diana Ragub, Advocacy Officer of Sagupa-SB said.
Apart from the losses
in agriculture, several communities all over the region were likewise
displaced. According to reports from the Office of Civil Defense (OCD),
nearly 100,000 families or 313,628 individuals were reported to be
displaced and affected by the floods.
“It may not be a storm
or a typhoon but the continuous rains have brought damage of greater
heights and claimed lives like no other typhoon in recent history. The
OCD reports that 18 people died mainly by drowning,” said Ragub.
These are devastating
figures to speak of but these are expected to rise with the rains
pouring again continuously since the first days of March.
“In these kinds of
situation and calamities, it is our farmers who are badly affected. It
is their farmlands that get inundated; it is their crops that get
destroyed. In addition to the everyday problems farmers face in the
light of high land rent, lack of capital for production, usurious
interest for credits, low market prices for their products, among
others, calamities, both natural and man-made add unnecessary burden
on their shoulders. We are likewise aware that the domino effect would
later sink in – with our farms and crops washed away, the
consumer-public would later on feel the increase in prices of rice,
vegetables and other agricultural products, especially with
landlords-cartels taking advantage of the situation. Therefore, there
is a need to help our farmers face this calamity. It is not enough
that several groups, local government units and various agencies give
out relief packs to the victims because such are only band-aid and
short term solutions. Apart from addressing the day to day needs of
the victims, a special attention must likewise be extended to address
the damages in agriculture and production.
Thus, came Tabang
Parag-uma, which particularly aims to:
1. Facilitate agricultural rehabilitation efforts from the farmers,
farmers’ organization, government, church sectors, non-government
organization and individuals;
2. Call on
the local government units and concerned government agencies like the
Department of Agriculture (DA) to subsidize production expenses,
provide credit assistance to farmers’ organizations and cooperatives;
3. Call on
a moratorium in the payment of land rent and usurious credit
interests;
4. Conduct
relief operations;
5. Educate
the farmers regarding the phenomenon of La Niña, its effects and how
to prepare or address the problems brought by it;
6. Solicit
the support of farmer’s group and organizations, barangay officials,
local government units, various government agencies, church groups,
media and non-government organizations. Encourage volunteers among
youth and students for the various activities of Tabang Parag-uma.
Ragub said that anyone
willing to extend their assistance may go to DYDW Radyo Diwa where
boxes labeled “Tabang Parag-uma” were placed so that anyone willing to
help can place the items they donate. For questions and inquiries, you
may contact 0928-592-1610.
PIA cites more media
women for advocating gender empowerment
By Philippine Information Agency (PIA 8)
March
19, 2008
TACLOBAN CITY, Leyte
– The Philippine Information Agency presented the Media Woman for
Women to more women media practitioners during the Media Forum second
edition held at the PIA Regional Office on Tuesday.
"No Filipino has done
what Manny Pacquiao did to our country even in the next 100 years,"
commented Allan Recto, a Texas-based doctor and personal friend of the
Pacquiao couple. "His win will definitely unite everyone in the
Philippines because of his popularity."
Rey Golingan, a
businessman and boxing impresario from
General Sanrtos City,
who is also Pacquiao's wedding godfather, said the popularity of
Pacquiao among the Americans and Mexicans is phenomenal.
"He is one of the most
prized and sought after VIPs in Las Vegas today," observed the
64-year-old Golingan, who joined the Pacquiao husband and wife in
praying the rosary on Friday evening inside the couple's suite room on
the 61st floor several hours after the boxer tipped the scale at 129
lbs during the official weigh-in ceremony at the events center of the
Mandalay Bay Resort and Casino.
A special mass was to
be held in the morning of March 15 inside Pacquiao's room to be
officiated by Fr. Bernardo Beop who arrived from
New York.
Even in the Strip of
this glitzy city known as entertainment capital of the world,
Filipinos are easily recognized for being "compatriots of Manny
Pacquiao" and are asked to say something about the rematch dubbed as
"Unfinished Business".
"We Filipinos are
getting the kind of respect we never experienced before only because
of Manny Pacquiao," said James "Tata" Yap, a board member from
Saranggani Province, who arrived here together with Pacquiao's brother
Ruel, president of MP Promotions.
"Manny Pacquiao is
actually known all over the United States and this is one reason why
we are also very proud to be Filipinos," said Sheila Colocado-Garcia,
a nurse from Iloilo City, who has relocated in this city.
RDC 8 conducts
investment forum on jatropha
By Philippine Information Agency (PIA 8)
March
18, 2008
TACLOBAN CITY, Leyte
– In response to the National Government’s thrust of developing
renewable sources of fuel, the Regional Development Council of Eastern
Visayas (RDC 8) is scheduled to conduct an Investment Forum on
Jatropha for Districts I to III of the province of Leyte, on March 26,
2008, NEDA Director and RDC Vice Chair Buenaventura Go-soco, Jr.,
informed.
Director Go-soco said
that the Investment Forum will be conducted at 1:30 to 5:00 o’clock in
the afternoon at the RDC Conference Room,
NEDA Building,
Government Center, Palo, Leyte.
In the Philippines,
there is currently much hype surrounding its production as a source of
renewable fuel. Philippine President Gloria Macapagal-Arroyo has
signed into law the Biofuels Act of 2006, RA 9637, which mandates a
minimum one per cent biodiesel blend and five per cent bioethanol
blend in all diesel and gasoline fuels.
To meet demand, the
government is aggressively pushing for the cultivation of Jatropha,
believing it to be one of the best candidates for future biofuel
production. It is now being encouraged for farming in idle areas or as
an intercrop to coconut and abaca which are both abundant in the
Region.
Director Go-soco said
that the Investment Forum will include the presentation of Jatropha
and its prospects in Eastern Visayas by the
Visayas State
University, so that the participants will know the viability of
Jatropha farming in the Region.
This will be followed
by the presentation of KIBIO, a Korean company and its Investment
initiatives in Region 8 on Jatropha production. It is based in San
Roque, Northern Samar.
During the latest
meeting of the Regional Development Council, the manager of KIBIO made
a presentation for the members of the Council. It was there that the
members requested for the Jatropha economics so that the farmers in
the Region will better appreciate the idea of Jatropha farming.
Contract Growing
Schemes of the company will also be presented and discussed, Director
Go-soco said so that the participants will know how they will be able
to know how they are able to help in the government’s thrust of
developing Jatropha production in the country.
During the Open
Forum, the participants will have the chance to ask questions and
clarifications from the KIBIO presentors.
LGU lauds health
officials for quick response on suspected typhoid cases
By NINFA B. QUIRANTE (PIA
Samar)
March 15, 2008
CATBALOGAN CITY, Samar
– Samar Provincial Health Office (PHO) Provincial Epidemiology and
Surveillance Unit (PESU) is all praises for Zumarraga LGU and
officials of Barangay Alegria, Zumarraga for the immediate action and
management of suspected typhoid cases.
Marian Pantaleon,
sentinel nurse said that while the number of cases seems alarming, the
Municipal Health Officer (MHO) of Zumarraga, Dr. Francis Langi
immediately acted on the health problem.
It was reported
earlier that some 110 rural folks of Barangay Alegria become ill with
symptoms resembling that of typhoid fever. Some 27 of these patients
were admitted to the Samar Provincial Hospital from March 7 to 12,
2008.
The hospital staff
confirmed that it was one Barangay Kagawad who escorted the patients
to the provincial hospital.
Dr. Langi when
informed, immediately rushed to the scene, checked the patients and
dispatch those needing more medical attention to the hospital. He
himself treated the others who were not as worse as those rushed to
the hospital.
Mayor Edwin Figueroa
immediately authorized the distribution of medicines to the patients.
Barangay Chairman
Mario Dante convened his Kagawads and declared the barangay in a state
of calamity whereby he authorized disbursement of P20,000 for the
medicines of the affected residents.
On March 11, the PESU
team went to the barangay and discovered that only one water source
supplies the drinking requirement of the whole barangay. Said water
system although sealed may have been contaminated with flood waters
coming from the mountains during the heavy rains that occurred in the
region.
Laboratory tests are
being conducted to determine if the water is indeed contaminated.
Similarly, rectal swab has been done by the PESU team also for
laboratory analysis.
Pantaleon said that
typhoid fever should be confirmed by laboratory tests.
The PESU team also
distributed stock solution of chlorinated water to residents to avoid
recurrence of the outbreak. The barangay folks were also instructed on
sanitation tips.
The PESU team also
learned that only 10% of the total households numbering 100 have
sanitary toilets.
With the combined
efforts of the Zumarraga LGU, MHO, Barangay officials of Alegria and
the Samar Provincial Health Office the medical catastrophe did not
claim any lives.
As of press time,
some patients earlier confined had been discharged and laboratory
tests are being conducted if indeed there was a typhoid fever
outbreak.
