REPUBLIC OF THE PHILIPPINES
COURT OF APPEALS
MANILA
IN THE MATTER OF THE
PETITION
FOR
WRIT
OF
AMPARO
AND
WRIT
OF
HABEAS DATA FOR ATTY.
MARIA CATHERINE DANNUG
SALUCON.
ATTY.
MARIA
CATHERINE
DANNUG - SALUCON
Petitioner,
- versus -
CA-G.R. SP No.
For: Writ of Amparo and Writ of
Habeas Data
H.E. BENIGNO SIMEON C.
AQUINO, III, in his capacity as the
Commander in Chief of the Armed
Forces
of
the
Philippines,
VOLTAIRE GAZMIN, in his
capacity as Secretary of the
Department of National Defense
(DND),
GEN,
EMMANUEL
BAUTISTA, in his capacity as the
Chief of Staff of the Armed Forces
of the Philippines (AFP), GEN.
EDUARDO AÑO, in his capacity
as the Commanding Officer of the
Intelligence Service of the Armed
Forces of the Philippines (ISAFP),
GEN. HERNANDO IRRIBERI, in
his capacity as the Commanding
General of the Philippine Army,
GEN. BENITO ANTONIO T. DE
LEON , in his capacity as the
Commanding General of the 5th
Infantry Division, P/DIR.GEN.
ALAN PURISIMA, in his capacity
as the Director General of the
Philippine National Police (PNP),
and C/SUPT. MIGUEL DE MAYO
LAUREL , in his capacity as the
Chief of the Isabela Provincial
Police Office.
Respondents.
x---------------------------------------------x
[2]
PETITION
=========
PETITIONER ATTY. MARIA CATHERINE DANNUG SALUCON (to be hereinafter referred to as Atty. Salucon), through
counsel, respectfully states that:
NATURE OF PETITION
----------------------------------
1.
This is a petition for Writ of Amparo pursuant to A.M. No.
07-9-12-SC and for Writ of Habeas Data under A.M. No. 08-1-16-SC.
2.
This is being filed for the protection of Atty. Salucon
whose life, liberty and security have already been violated by the
respondents through threats and harassments obviously intended to
prevent her from performing her duties as a member of the Bar and
as an officer of the court providing legal services to victims of human
rights violations.
3.
It is also designed to require the respondents to produce
and, if necessary, to update and rectify or, in the alternative, to
suppress or destroy data, information or files in their possession,
under their control, or contained in their data base which relates to or
concerns Atty. Salucon.
THE PARTIES
---------------------
4.
The petitioner is a Filipino, of legal age and a resident of
Burgos, Isabela. She may be served with notices and other
processes of this Honorable Court at her given address or through
the undersigned counsel at the 3rd Floor Erythrina Building, 1
Maaralin corner Matatag Street, Central District, Quezon City.
5.
Respondent H.E. BENIGNO SIMEON C. AQUINO, III is
impleaded in this Petition in his capacity as the Commander in Chief
of the Armed Forces of the Philippines. He may be served with
notices and other processes of this Honorable Court at Malacañan
Palace, Manila.
[3]
Respondent VOLTAIRE GAZMIN is impleaded in this Petition in
his capacity as the Secretary of the Department of National Defense
(DND) and he may be served with notices and other processes of this
Honorable Court at the Department of National Defense Building,
Camp Aguinaldo, Quezon City.
Respondent GEN. EMMANUEL BAUTISTA is impleaded in this
Petition in his capacity as the Chief of Staff of the Armed Forces of
the Philippines, and he may be served with notices and other
processes of this Honorable Court at the General Headquarters,
Armed Forces of the Philippines, Camp Aguinaldo, Quezon City.
Respondent GEN. EDUARDO AÑO is impleaded in this Petition
in his capacity as the Commanding Officer of the Intelligence Service
of the Armed Forces of the Philippines (ISAFP), and he may be
served with notices and other processes of this Honorable Court at
the ISAFP Headquarters, Camp Aguinaldo, Quezon City.
Respondent GEN. HERNANDO IRRIBERRI is impleaded in this
case in his capacity as the Commanding General of the Philippine
Army, and he may be served with notices and other processes of this
Honorable Court at the Philippine Army Headquarters, Fort Bonifacio,
Taguig City, Metro Manila.
Respondent GEN. BENITO ANTONIO T. DE LEON is
impleaded in this Petition in his capacity as the Commanding General
of the 5th Infantry Division, and he may be served with notices and
other processes of this Honorable Court at Camp Melchor F. Dela
Cruz, Upi, Gamu, Isabela,
Respondent P/DIR.GEN. ALAN PURISIMA is impleaded in this
Petition in his capacity as the Director General of the Philippine
National Police (PNP). He may be served with notices and other
processes of this Honorable Court at the PNP General Headquarters,
Camp Crame, Quezon City.
Respondent C/SUPT. MIGUEL DE MAYO LAUREL
is
impleaded in this Petition in his capacity as the Chief of the Isabela
Provincial Police Office. He may be served with notices and other
processes of this Honorable Court at Isabela Provincial Police Office
Compound, Baligatan, Ilagan City, Isabela.
[4]
MATERIAL ALLEGATIONS
----------------------------------------6.
Atty. Salucon is a member of the Philippine Bar and has
been a human rights lawyer since her admission to the Bar, although
she was initially employed with the Public Attorney’s Office (PAO)
assigned in Isabela .
7.
She is a founding member of the National Union of
Peoples’ Lawyer (NUPL), a national association of human rights
lawyers, law students and paralegals which is principally engaged,
among others, in public interest cases and human rights advocacy.
Atty. Salucon is the incumbent National Auditor of the NUPL, and
actively participated and is visibly seen in all its activities, even during
the time when she was still employed with the PAO.
8.
Atty. Salucon eventually resigned from the PAO and put
up her own Law Office in Ilagan, Isabela.
9.
As a private practicing lawyer, Atty. Salucon took on the
defense of several political detainees. Most of her clients are leaders
and/or members of peasant and other sectoral organizations and
people’s organizations, including human rights defenders, who are
labeled or suspected as members of the Communist Party of the
Philippines (CPP) and/or the New People’s Army (NPA) and are
being harassed with trumped up charges by the Government.
10. Among her latest clients is an accused facing murder and
frustrated murder charges before the Regional Trial Court of Lagawe,
Ifugao. Her aforesaid client is among the several leaders of people’s
organizations/sectoral organizations who were falsely charged in the
said case.
11. In the morning of March 24, 2014, Atty. Salucon attended
the hearing in the RTC of Lagawe for the said murder and frustrated
murder case. She was accompanied by an activist and human rights
defender, WILLIAM BUGATTI (to be hereinafter referred to as
“William”) who has been his paralegal in this case in Ifugao.
12. During the hearing, the prosecution presented its third
witness who virtually admitted on cross-examination by Atty. Salucon
and during clarificatory questioning by the court that he did not
actually see Atty. Salucon's clients at the scene of the ambush and
that he was just shown pictures of them before the hearing. However,
the witness failed to divulge the identity of the person who showed
him the pictures, prompting Atty. Salucon to task William to get the
names, ranks and addresses of the prosecution’s witness’ handler/s.
[5]
13. After the hearing, Atty. Salucon and William joined the
relatives of their detained political prisoner client for late lunch. In
their conversation, they discussed the security risks that they have in
handling the case. William suggested certain security measures to
Atty. Salucon for her own safety. William conveyed that he personally
observed that surveillance was being done on them, including Atty.
Salucon, especially during scheduled hearings for the case in Ifugao.
14.
William was gunned down later that evening.
15. It was after she learned of the death of William that Atty.
Salucon realized the significance of his advice to her.
16. A few minutes after Atty. Salucon learned of Bugatti’s
death, she learned from a very reliable source (whose identity is
being withheld for security reasons), who verbally relayed to her the
information, that the Regional Intelligence Division of the Philippine
National Police (PNP) through the PNP Isabela Provincial Police
Office issued a directive to PNP Burgos, Isabela, Atty. Salucon’s
home town, to conduct a background investigation and to confirm
Atty. Salucon as a "Red Lawyer". She further learned that she is
being secretly followed by agents of the Intelligence Service of the
Armed Forces of the Philippines (ISAFP).
17. Atty. Salucon’s name is reportedly included in the
military’s Watch List of so-called Communist Terrorist supporters
rendering legal services. As mentioned earlier, she has been a public
defender for several years, an active founding member of and
recently elected as National Auditor of the NUPL.
18. Atty. Salucon was able to confirm the information relayed
to her after she and her staff observed following incidents:
a.
Three different persons obviously looking like soldiers and
all riding on motorcycles, and a civilian intelligence operative from the
so-called Criminal Investigation Service (CIS), a group maintained by
the Criminal Investigation and Detection Group (CIDG), came around
Atty. Salucon’s office to ask for her whereabouts with civilian
intelligence operative leaving when told that Atty. Salucon was at the
Hall of Justice but returned an hour after only to leave again after
Atty. Salucon decided to stay late at the court.
[6]
b.
Around lunch time on the same day, Atty. Salucon also
received text messages from an investigator of the CIDG requesting
for a copy of the records of a human rights case which was dismissed
at the preliminary investigation level. The CIDG investigator said he
lost his copies and the record was required, according to him, by the
Regional Commander. Atty. Salucon was surprised because it was
his third time to ask for a copy, so she decided to just ignore his text
messages.
c.
On or about 7:30 o' clock in the morning of April 3, 2014
while Atty. Salucon’s driver was waiting for her in front of her
residence at Poblacion, Burgos, Isabela, a red "Wave" motorcycle
with its plate number cased inside a tinted plastic cover which made it
impossible to read the plate numbers, passed by their house.
d.
The motorcycle driver who is of medium height, of dark
complexion, with the haircut and demeanor of a military/policeman,
with a tattoo at his left arm, wearing a white sando shirt and with a
pistol bag slung around his shoulder, looked intently at Atty.
Salucon’s driver when he passed by.
e.
Then after passing by the whole stretch of Atty. Salucon’s
house, the motorcycle rider suddenly made a U-turn and again stared
intently at Atty. Salucon’s driver. As the unidentified motorcycle rider
passed the second time, Atty. Salucon’s driver noticed that the
motorcycle rider, while speeding away, was looking intently at the
motorcycle’s side mirror continually observing him and the
surroundings until he reached the highway and turned left towards
the west.
19. Information also reached Atty. Salucon that persons
looking like military/policemen have been asking people around her
office about the whereabouts and routine of Atty. Salucon.
20. It cannot be denied that Atty. Salucon is being harassed
and intimidated by the respondents to prevent her from practicing her
profession as a human rights lawyer, and to deprive her clients of
competent legal representation. For this, the respondents committed
acts threatening her life, liberty and security.
21. This is disturbing considering previous incidents where
human rights lawyers, human rights defenders, political activist and
dissenters were killed or abducted after having been labeled as
“communist” and were subjected to military surveillance. The abovedescribed acts, taking into consideration previous incidents, may be
interpreted as preliminary acts for the abduction and/or the killing of
Atty. Salucon. A copy of the Affidavits of Atty. Salucon and Regie
[7]
Lutao Gamongan are hereto attached as Annexes “A” and “B”,
respectively.
22. The military and police operatives who have conducted,
and are still conducting, surveillance and harassments on ATTY.
SALUCON are unidentified as of this time. However, they were
identified as members of the ISAFP, the Philippine Army and the
police, and there is also no doubt that they all acted upon orders of
their superiors within the chain of command. The Philippine Army in
Isabela is within the operational control of the 5th Infantry Division
which is under the command of respondent De Leon, who is in turn
under the control and supervision of the Philippine Army under the
command of respondent Iriberri. ISAFP operatives are under the
command of respondent Año. Both the ISAFP and the Philippine
Army are under the command of respondent Bautista as the Chief of
Staff of the AFP and respondent Gazmin as the Secretary of the
DND. The police operatives in Isabela are under the operational
control of respondent Laurel in his capacity as the Chief of the
Isabela Police Provincial Office, which is in turn under the command
of respondent Purisima, in his capacity as Director General of the
PNP. All of the said military and police officers are under the control
of respondent H.E. Aquino in his capacity as the Commander in Chief
of the AFP.
ACTIONS TAKEN AFTER THE INCIDENTS
---------------------------------------------------------------
23. After realizing the significance of the information relayed
to her, which were confirmed by the facts enumerated above, she
immediately reported the matter to the NUPL and human rights group
KARAPATAN (Alliance for the Advancement of Peoples’ Rights).
24. She also sought the assistance of the National Bureau of
Investigation (NBI) in Isabela. To date, however, no positive report
has yet been made identifying those who actually conducted the
surveillance on Atty. Salucon, although information specifically
pointed to the military and police units as the one doing the
surveillance on Atty. Salucon.
25. The threat on the life, liberty and security of Atty. Salucon
is continuing, and no adequate safeguard has been provided for her
security and safety.
[8]
THE RIGHTS OF THE PETITIONER
WHICH WERE VIOLATED, AND THE
MANNER OF VIOLATION BY RESPONDENT
--------------------------------------------------------------26. The acts of the respondents violate the constitutional right
to life, liberty and security.
27. The respondents are also depriving Atty. Salucon of her
right to freely practice her profession without intimidation and
harassment in accordance with the Code of Professional
Responsibility.
28. The said acts of the respondents likewise violate
paragraphs 16 to 22 of the United Nations Basic Principles on the
Role of Lawyers which provide that:
“16. Governments shall ensure that lawyers (a) are
able to perform all of their professional functions without
intimidation, hindrance, harassment or improper
interference; (b) are able to travel and to consult with their
clients freely both within their own country and abroad;
and (c) shall not suffer, or be threatened with, prosecution
or administrative, economic or other sanctions for any
action taken in accordance with recognized professional
duties, standards and ethics.
“17. Where the security of lawyers is threatened as
a result of discharging their functions, they shall be
adequately safeguarded by the authorities.
“18. Lawyers shall not be identified with their clients
or their clients' causes as a result of discharging their
functions.
“19. No court or administrative authority before
whom the right to counsel is recognized shall refuse to
recognize the right of a lawyer to appear before it for his
or her client unless that lawyer has been disqualified in
accordance with national law and practice and in
conformity with these principles.
“20. Lawyers shall enjoy civil and penal immunity for
relevant statements made in good faith in written or oral
pleadings or in their professional appearances before a
court, tribunal or other legal or administrative authority.
[9]
“21. It is the duty of the competent authorities to
ensure lawyers access to appropriate information, files
and documents in their possession or control in sufficient
time to enable lawyers to provide effective legal
assistance to their clients. Such access should be
provided at the earliest appropriate time.
“22. Governments shall recognize and respect that
all communications and consultations between lawyers
and their clients within their professional relationship are
confidential.”
29. It is strongly believed that the threats and intimidation
against Atty. Salucon are due to her involvement in various cases
involving human rights violations, including the case pending in RTC,
Lagawe. Ifugao, and because of his close association with the NUPL
and other human rights groups, it is evident that the respondents are
in possession of information which indicate that they have unlawfully
compiled information on her, which they used as basis in including
her in the “Watch List” of so called “communist supporter” and which
erroneously and maliciously tagged her as a “communist lawyer”.
30. Such data and information, including the continuous
surveillance on Atty. Salucon, violated her right to privacy and,
incorrect though it may be, was used as justification to harass and
intimidate her.
31. By reason of such data and information, the life, liberty,
and security of Atty. Salucon is under constant threat from the
respondents and their agents. As in fact, the continued surveillance
on Atty. Salucon by the respondents and their agents is an indication
that there is an existing threat on her life, liberty and security, and that
the respondents are still gathering information on her in violation of
her right to privacy and security;
[10]
PRAYER
WHEREFORE, petitioner Atty. Maria Catherine Dannug Salucon respectfully prays of this Honorable Court that:
1.
Upon filing of this Petition, a temporary protection order
be issued for her protection and that of her immediate family;
2.
After notice and hearing judgment be rendered:
a.
For the issuance of the privilege of the Writ of Amparo in
her favor;
b.
For the issuance of the Writ of Habeas Data ordering the
respondents as follows:
(1) To disclose to Atty. Salucon and to provide her with
copies of, all the facts, information, statements, records, photographs,
dossier and all other evidence, documentary or otherwise, pertaining
to her in their files or record including the watch list of alleged
communist supporters and the Memorandum Order of the PNP;
(2) To direct the respondents, and/or any persons acting on
their behalf, to destroy any information gathered on Atty. Salucon.
Other reliefs just and equitable under the circumstances are
also prayed for.
Quezon City, April 11, 2014.
NATIONAL UNION OF PEOPLES’ LAWYERS
Counsel for Petitioner
3rd Floor Erythrina Building
No. 1 Maaralin corner Matatag Streets
Central District, Quezon City
Telefax No. (632) 920-6660
Email address: nupl2007@gmail.com
By:
[11]
EDRE U. OLALIA
IBP No. 961189 - 2/4/2014 - RSM
PTR No. 9254661B - 1/24/2014 - Quezon City
Roll of Attorneys No. 36971
MCLE Compliance No. IV-0016615
JULIAN F. OLIVA, JR.
IBP No. 961190- 2/4/2014 - RSM
PTR No. 9254660B - 1/24/2014 - Quezon City
Roll of Attorneys No. 35870
MCLE Compliance No. IV-0021476
EPHRAIM B. CORTEZ
IBP No. 961188 - 2/4/2014 - Isabela
PTR No. 9254662B - 1/24/2014- Quezon City
Roll of Attorneys No. 41366
MCLE Compliance No. IV-0018068 - 04/25/2013
ALNIE G. FOJA
IBP No. 886729 - 1/25/2012 -Romblon
PTR No. 9195670B - 1/17/2014- Quezon City
Roll of Attorneys No. 46372
MCLE Compliance No. IV-0015932 - 04/08/2013
NOEL V. NERI
IBP No. 05613 –lifetime /Quezon City
PTR No. 9018960 - 1/06/2014- Quezon City
Roll of Attorneys No. 47168
MCLE Compliance No. IV-0016240 - 04/10/2013
VICENTE JAIME M. TOPACIO
IBP No. 894942/03-06-14
PTR No. 9018959/01-06-14
Roll of Attorneys No. 59418
MCLE Compliance No. IV-0018786/04-24-13
[12]
Copy furnished:
H.E. BENIGNO SIMEON C. AQUINO, III
Malacañang, Manila
SEC. VOLTAIRE GAZMIN
DND Building
Camp Aguinaldo, Quezon City
GEN. EMMANUEL BAUTISTA
General Headquarters, Armed Forces of the Philippines
Camp Aguinaldo, Quezon City
GEN. HERNANDO IRRIBERI
Headquarters, Philippine Army
Fort Bonifacio, Taguig City
GEN. EDUARDO AÑO
ISAFP Headquarters
Camp Aguinaldo, Quezon City
GEN. BENITO ANTONIO T.DE LEON
5th Infantry Division
Camp Melchor F. Dela Cruz
Upi, Gamu, Isabela,
P/DIR.GEN. ALAN PURISIMA
PNP Headquarters
Camp Crame, Quezon City
C/SUPT. MIGUEL DE MAYO LAUREL
Isabela Provincial Police Office Compound
Baligatan, Ilagan City, Isabela.
For lack of material time and due to the distance involved, the
foregoing Petition was served through registered mail.