'Amparo' frees 3 detainees - SC chief

Sun.Star: DAVAO CITY - The writ of amparo has been delivering the results expected from it just over a month after it was implemented. Chief Justice Reynato Puno said last Monday that the writ has already released at least three victims, including that of Luisito Bustamante of Davao City. "I would like to think that after the enactment and effectivity (of the writ), the number of extrajudicial killings and disappearances have gone down," Puno told Sun.Star Davao. The writ was made effective last October 24 by the Supreme Court (SC) to solve the rising incidents of disappearances and extrajudicial killings in the country. It was put to test immediately in Davao City after Bebelita Bustamante filed for its issuance in the Regional Trial Court to recover her missing 22-year-old son, Luisito. Luisito disappeared after he was held for questioning in a Task Force Davao checkpoint in Malabog District on October 27 -- just three days after the SC adopted the writ of amparo. Luisito and his friends, Avelino Lorenzana, 20, and Salazar Amad, 23, were on their way to Malabog Proper to distribute barangay election handbills when picked up by the military. Executive Judge Isaac Robillo of the Regional Trial Court then immediately issued the writ of amparo. However, after hearing the testimony of the reported victim (Luisito), Judge Robillo withdrew the writ. On the witness stand, Luisito admitted that he voluntarily surrendered to a certain Noli Ubat, a Civilian Armed Forces Geographical Unit (Cafgu), and was not in any way coerced. Luisito also admitted his membership with the New People's Army (NPA) and that his voluntary surrender to Ubat caused his disappearance. After his release, Luisito said he just feared for his life and thus admitted he was a rebel during the court hearing. On the contrary, he said, he was tortured to admit such while in military custody. The writ of amparo and habeas data are prerogative writs to supplement the writ of habeas corpus, which has proven to be ineffective in forcing government agencies to present suspects believed to be in their custody. Justice Puno and Justice Adolfo Azcuna officially declared the legal conception of the writ of amparo on July 16, 2007 during the National Summit on Extrajudicial Killings and Enforced Disappearances held at the Manila Hotel. On August 25, the chief justice declared the legal conception of Philippine habeas data, deemed as the twin of amparo. The writs of amparo and habeas data were proclaimed in October. Amparo means protection while habeas data means access to information. With these two writs, the historical failure of government officers to produce the missing body (as what the habeas corpus demands for) by mere denial that they know anything about the missing person is corrected. Aside from barring officers from just invoking an alibi of denial as what the writ of amparo ensures, the habeas data will compel military and government agents to release information on disappeared persons or the so-called desparecidos, but also demands access to military and police files. The chief justice remains a non-partisan regarding the recent report of United Nations Rapporteur Philip Alston attributing the number of killings and disappearances in the country to the military. "If appropriate evidence be presented as to who are culpable suspects, either they belong to the government or private sector, charges would then be filed," Puno said. - Sun.Star