CA grants Fil-Am’s writ of amparo petition

The Court of Appeals has ruled that the claims of abduction and torture of a Filipino-American activist are "factual and true," as it granted the victim's petition for a writ of amparo. "There is no doubt, therefore, that Petitioner's claims of abduction, detention and torture are factual and true. The question remaining therefore to be answered is, considering her abduction and torture, is Petitioner entitled to the privilege of the writ of amparo? We rule in the affirmative," part of the CA decision reads. The writ is a remedy available to any person whose right to life, liberty, and security is violated or threatened with violation by an unlawful act or omission. In its August 26, 2009 decision signed by Associate Justice Noel G. Tijam, the appellate court granted Fil-Am activist Melissa Roxas' petition for a writ of amparo in connection to her alleged abduction and torture in May 2009 in Tarlac province. Shortly after the publication of the CA ruling, militant Bagong Alyansang Makabayan (Bayan) on Thursday thanked the court’s decision, which it said, affirmed Roxas' claims that the military indeed abducted and tortured her. It added that the decision has belied government claims that the incident was "stage-managed" or self-inflicted just to inflict damage on the image of the military. In her affidavit, Roxas said that 15 armed men forcibly took her and two other people in Tarlac province on May 19 while her team was conducting research for a future medical mission in the area. It added that Roxas was subjected to mental and physical torture in a place which she believed was a military camp, and that she was released six days later. But the military denied the accusations, even hinting that the supposed abduction and torture did not ever take place. In an interview on July 22, Armed Forces chief Gen. Victor Ibrado said results of their internal investigation showed that no Army personnel were involved in the alleged abuse of Roxas in La Paz town last May 19. The CA handled the proceedings for Roxas’ petition for the writ of amparo. But shortly after she filed her plea, she went back to the United States for security reasons. [See story: Roxas files complaints in US court vs RP] Last June 29, the CA said Roxas’ petition could still be archived if she won’t appear before the court’s hearing on July 30. Meanwhile, Bayan said that with the granting of the petition for a writ of amparo, the military and its agents must stop disseminating videos and other information, alleging that Roxas is a member of the New People’s Army. It added that Roxas’ lawyer, Rex Fernandez, is still studying the court’s denial of the other reliefs prayed for by the petitioner. - GMANews.TV