Defense department will abide by proposed SC measures against extrajudicial killings

By Ronron
September 2, 2007

The Defense department will adhere to the rules of court that will be drafted and later adopted by the High Tribunal as part of measures to address extrajudicial killing and forced disappearance cases.

Even as he regard the proposed “writ of Amparo” and “writ of habeas data” at the Supreme Court as “very powerful,” Defense Secretary Gilberto Teodoro, Jr. told the Foreign Correspondents Association of the Philippines (FOCAP) last Friday that they have no other recourse but to follow it if there will be future cases against members of the military.

“Given the fact that the Supreme Court has plenary authority to draft and enact its own rules of procedures regarding judicial proceedings with a writ of habeas data, writ of Amparo and other writs and processes, we will have no choice but to comply,” Teodoro said.

A lawyer by profession, Teodoro refused to comment further about the proposed measures, which, he said, are within the province of the Supreme Court.

Teodoro is a graduate of Law from the University of the Philippines (UP) and the Harvard Univeristy in the US.

In July, the Supreme Court held a summit on extrajudicial killings and forced disappearances to find ways for the judiciary to help address the problem that has marred the present government.

Among the measures that cropped up are the use of the writ of Amparo and the writ of habeas data, which would make it not enough for government agencies to just deny the allegations they are behind the killing or abduction of some personalities.

In an earlier interview, Chief Justice Reynato Puno explained that a writ of Amparo will compel government agencies accused of being responsible for extrajudicial killings and forced disappearances to do something to produce the victim.

Military personnel are usual suspects in cases of abductions and forced disappearances because according to militant groups, only they have the motive to do so, particularly with its anti-insurgency campaign.

The military, however, consistently denies the allegation, and blame instead the communist movement’s alleged purging activities due to infighting for said cases./DMS