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Friday, March 29, 2024

SC junks Aetas’ ATA suit; lawyers told to stop talking

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CHIEF Justice Diosdado Peralta on Tuesday warned parties in the 37 petitions questioning the constitutionality of the Anti-Terrorism Act (ATA) to stop discussing the merits of the cases in the media to avoid possible sanctions from the Court.

Peralta made the warning at the end of the second round of the oral argument on the ATA, saying the magistrates had seen some lawyers who are involved in the petitions discussing their positions and the merits of the cases in the media.

“We have seen lawyers being interviewed in television stations and even in social media discussing the merits of this case or these cases and also discussing their respective positions,” Peralta noted.

“Now, we would like to ask the lawyers to please refrain from being interviewed while these cases are pending resolution. You know the effect when one goes into the media and discusses his position, it might affect the outcome of these cases, so please refrain; we don’t like to use our coercive  power in disciplining lawyers,” Peralta warned.

Peralta, however, refused to name the lawyers involved.

Peralta said the third round of the oral argument would be held next Tuesday (February 16).

He said the magistrates intend to finish the interpellation of the petitioners and hear the position of their former colleague, retired Associate Justice Francis H. Jardeleza, who has been designated “amicus curiae” or friend of the court for the oral arguments next week.

As such, Jardeleza is expected to be asked to share his knowledge and expertise on the issues surrounding the controversial law.

After that, Peralta said the Court will hear the oral arguments of the respondents through the Solicitor General, to be followed by the interpellation of the Court.

Aetas’ petition junked

Also on Tuesday, the SC ruled to deny the bid of two Aeta natives seeking to intervene in the 37 petitions filed before the Court seeking to declare unconstitutional Republic Act 11479 or the Anti-Terrorism Act.

Chief Justice Peralta announced the magistrates’ unanimous decision after their en banc session and prior to the continuation of  oral arguments.

Peralta disclosed the Court’s decision after Calida, in an oral manifestation, said the two Aetas have decided to withdraw their petition-intervention.

Calida said petitioners Japer Gurung of San Marcelino, Zambales, and Junor Ramos of Porac, Pampanga, have executed an affidavit through the assistance of the Public Attorney’s Office (PAO) and the National Commission on Indigenous Peoples (NCIP), claiming they were convinced to sign the petition after being offered P1,000.

Gurung and Ramos had been represented by counsel from the National Union of Peoples’ Lawyers (NUPL) Central Luzon Chapter in filing their petition-in-intervention.

Calida claimed that the filing of the petition-in-intervention by the NUPL using the two Aetas was “a desperate attempt to establish actual justiciable controversy” that would force the Court to exercise jurisdiction over the case. Without any actual case, the government could call on the magistrates to dismiss all legal challenges to the ATA.

Calida expressed belief that the withdrawal of the petition-in-intervention will affect not only the continuance of the oral argument but the resolution of the pending petitions as well.

He said three video clips, copies of transcripts and affidavits authenticating the videos—to prove that the Aetas were pressured into signing the petition-in-intervention—were also submitted to the Court en banc.

However, Peralta cut short Calida’s oral manifestation to inform him that the Court has already denied the Aetas’ petition-in-intervention.

“The petition for intervention filed by the would-be intervenors is being unanimously denied by us this morning, so, is there still a need for you to read all of  those documents because we have already denied the petition for intervention?” Peralta told Calida.

He directed the chief government counsel to put in writing his manifestation in order to give the other parties a chance to comment on the matter.

Meanwhile, NUPL president Neri Javier Colmenares told the Court that his camp was not aware of the Aetas’ decision to withdraw their petition-in-intervention.

Colmenares wondered aloud how Calida’s camp managed to secure the affidavits of the Aetas. “It is really strange, why lawyers can force a detainee inside a PNP camp, that is really outrageous,” Colmenares said.

Last September 10, Gurung and Ramos were indicted by the Office of the Prosecutor of Zambales for reportedly violating Section 4 (a) of the ATA or Republic Act 11479 or for engaging “in acts intended to cause death or serious bodily injury to any person or endangers a person’s life.”

They were arrested on August 21, 2020, for allegedly killing a soldier in a gunfight between the military and Kilusang Larangang Gerilya Bataan Zambales, an alleged unit of the New People’s Army in San Marcelino, Zambales.

They were charged with murder, attempted murder, terrorism under Republic Act 11749 or the Anti-Terrorism Act, as well as violations of RA 11188 (Special Protection of Children in Situations of Armed Conflict Act) and illegal possession of firearms and explosives.

The two Aetas, detained at the Olongapo City Jail, denied the allegations, saying they were just fleeing from the firefight when they were accosted.

In a statement, NUPL denied that “forcing” the two Aetas to sign the petition-in-intervention, even noted that they could not read or write so they just affixed their thumbmarks.

It added that  the provisions of the ATA, the pending petitions before the  SC  and the final draft petition-in-intervention were discussed with Aetas patiently.

The NUPL-Central Luzon Chapter, which represents the Aetas  in the pending criminal cases and in the petition-in-intervention, was also not priorly informed by PAO and NCIP of their “intercession.”

Image credits: Aerous
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