Tactical Victory-CA Grants Roxas Partial Writ

PESANTE NEWS

August 26, 2009

CA GRANTS PARTIAL WRIT FOR MELISSA ROXAS

Manila --The Philippine Peasant Support Network (Pesante)-USA learned through news sources in the Philippines that the Court of Appeals has partially granted the petition for writ of amparo and habeas data filed by Filipino-American activist Melissa Roxas, and directed the military establishment to provide protection to her and her family while in the country against any form of harassment.

In a 33-page decision penned by Associate Justice Noel Tijam, the CA’s Former Special 16th Division also enjoined the military from distributing to the public any documents or records pertaining to Roxas’s alleged ties with the Communist Party of the Philippines-New People’s Army (CPP-NPA).

Roxas’s prayer for an inspection of her alleged detention cells and the return of her belongings was denied by the CA, though.

“Although there is no evidence that respondents are responsible for the abduction, detention or torture of the petitioner, said respondents pursuant to their legally mandated duties are, nonetheless, ordered to continue/complete the investigation of this incident with the end in view of prosecuting those who are responsible. Respondents are also ordered to provide protection to the Petitioner and her family while in the Philippines against any and all forms of harassment intimidation and coercion as may be relevant to the grant of these reliefs,” the CA said.

Roxas Appeals Case

In an interview, Roxas’s lawyer Rex Fernandez said he will appeal the CA decision denying her prayer for the issuance of an inspector order and production order.

Roxas has named Defense Secretary Gilbert Teodoro and police and military officials as respondents.

In its ruling, the CA dismissed the respondents’ claim that the abduction of Roxas was stage-managed and that her injuries were self-inflicted.

“We have carefully reviewed the evidence on record and came to the conclusion that Petitioner was, indeed, abducted. As former Regional Trial Court Judges, we have had extensive experiences with perjurers and prevaricators falsely testifying in our courts. However, in this case, we are not prepared to accept the insinuation that the physical injuries sustained by the Petitioner were self-inflicted,” the decision said.

The CA added that based on the police report and medical report, Roxas was not only actually abducted, but was also tortured. “Respondents, therefore, are not competent to contradict the same because they themselves admitted that they had no prior knowledge, no participation and no inkling about the entire incident,” the decision said.

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