CA orders authorities to remove Leyte Rep. Veloso's name from narco list

The Court of Appeals (CA) has ordered law enforcement agencies to remove the name of Leyte Representative Vicente Veloso III from President Rodrigo Duterte's list of politicians allegedly involved in the illegal drug trade.

The appellate court also directed the authorities to destroy all documents, records, and information related to Veloso's inclusion in the so-called "narco list," according to the resolution issued by the CA Former Special Eighth Division on Tuesday.

"They are also enjoined from further including [Veloso's] name in any publicized derogatory list that fails to follow due process and from taking any further courses of action in direct relation to the documents, records, and information which resulted in the issuance of the March 14, 2019 narco list, other than to commence appropriate criminal proceedings," the CA said.

The CA, however, clarified that its action should not be seen as a hindrance to the Executive department's duty to enforce all laws nor an "absolute censure" on the part of the government to go after those involved in the illegal drug trade and other criminal activities.

"Any course of action, however, which fails to observe respect for constitutional rights will never be tolerated," it said.

Veloso, a retired CA magistrate, had asked the Supreme Court (SC) to rectify, suppress, or destroy the information that he said "erroneously" tagged him as a drug personality. The SC then tossed the case to the CA, which ruled to grant the lawmaker's plea for writ of habeas data.

The writ of habeas data is a remedy available to a person whose right to privacy, liberty or security is violated or threatened by a public official or a private individual who gathers, collects, or stores information on the aggrieved party, their family, home, and correspondence.

The ruling came months after the CA directed the heads of the Philippine Drug Enforcement Agency, the Philippine National Police, the Armed Forces of the Philippines, the National Intelligence Coordinating Agency, and the Department of the Interior and Local Government to submit all the data they have on Veloso that led to his inclusion in the list.

In reversal, the CA orders gov’t to submit info behind Leyte Rep. Veloso’s narco list inclusion.

After reviewing the documents, the CA said it found no basis to the government's argument of national security to bar the issuance of the writ of habeas data.

"They [documents] merely relate to the petitioner's (Veloso) purported involvement in the illegal drug trade," the resolution stated.

"There is nothing herein that could have affected or potentially affect the territorial integrity or national sovereignty of the country."

Associate Justice Apolinario Bruselas Jr. penned the resolution, which was concurred in by Justices Germano Francisco Legaspi and Ruben Reynaldo Roxas. —KBK, GMA News