Samar court summons top CPP leaders and party-list rep

By Joey A. Gabieta

Visayas Bureau

First Posted 02:03:00 03/25/2008

BASEY, SAMAR – The Regional Trial Court (RTC) here has ordered the clerk of court to issue anew summonses to 37 respondents to a petition of writ of amparo filed by the family of a missing barangay official.

During the hearing on March 24, RTC Branch 30 Judge Jovito Abarquez also issued an order of protection for Dennis Gutierrez, son of Elizabeth Gutierrez who was allegedly abducted by New People’s Army (NPA) members on Oct. 24 last year.

Elizabeth, the barangay chair of Canca-iyas here, disappeared while campaigning during the barangay elections. On Nov. 18, 2007, the National Democratic Front-Eastern Visayas admitted to having killed her for being an alleged government spy.

Dennis filed the petition on Feb. 17 against Bayan Muna Rep. Satur Ocampo and top officials of the Communist Party of the Philippines (CPP). On Feb. 18, Judge Abarquez ruled that the petition was sufficient in form and substance and ordered the respondents to appear in court on March 24.

But they failed to appear during the hearing since the majority did not have known addresses, the judge said.

The summons issued to Ocampo was sent to the House of Representatives in Quezon City. Ocampo has denied any involvement in the disappearance of Gutierrez, saying his inclusion was part of a continuing military persecution against militant groups.

On the other hand, three respondents – CPP founder Jose Maria Sison, his wife Julieta De Lima-Sison and Luis Jalandoni of the National Democratic Front – are in The Netherlands.

Randall Echanis received his summons at his detention cell at the provincial jail in Palo town, Leyte. He is one of the respondents in the mass murder case filed in connection with the mass grave of alleged communist purge victims from 1984 to 1987 in Hilongos, Leyte.

Echanis, deputy secretary general of the Kilusang Magbubukid ng Pilipinas, denied participation in the Gutierrez abduction, saying that the petition was meant to “malign and harass” him.

The rest of the respondents, some identified as NPA regional and local leaders, have no known addresses.

Roy Perez, legal counsel of Dennis Gutierrez, suggested to the court during Monday’s preliminary hearing that the summonses be issued through “substitute service” or publication in the newspapers of general circulation.

Abarquez accepted the suggestion of Perez and scheduled the next hearing for March 30.