Justice or Little Mercy?

By Kilusang Dekada 70 (KD70)



Keywords: Social Issues, Human Rights,

Kilusang Dekada 70 (KD70)

San Francisco, California

Contact: Prof. Guillermo Ponce De Leon

August 26, 2009

Dear Editor

For the Kilusang Dekada 70( KD70), the association of Filipino-American activists who are now residing in the United States,we firmly believe that the CA partial writ for Melissa Roxas is just a carbon copy of the some of the ruling of the high courts and other courts that upheld the concept of justice but contradicts the inequities of the ruling system.

The recent The Court of Appeals decision on the partial granting of the petition for writ of amparo and habeas data filed by Filipino-American activist Melissa Roxas only successfully highlights and exposes the contradictions in the bourgeois justice system in the Philippines.

The Court of Appeals (CA) writ--A Big Cruel Joke

It was a big joke for the CA to " direct the military establishment to provide protection to her and her family while in the country against any form of harassment."

Again, 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 toRoxas’s alleged ties with the Communist Party of the Philippines-New People’s Army (CPP-NPA).

For the KD70 this can be counted as a 'partial legal tactical victory" for it protects Roxas from the malicious and vicious black propaganda attacks of the AFP psywar machine, Palparan and Alcover.

Rubbing Salt to the Wounds

But rubbing salt to the wounds , the CA denied Roxas’s prayer for an inspection of her alleged detention cells and the return of her belongings. The CA just succesffuly contradicting itself by saying:

“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.

While the CA dismissed the respondents’ claim that the action 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.

But it did not find the AFP equally guilty and made the AFP the protector of Roxas. What travesty of justice is this!

People should remember that this is the Court of Appeals that denied the justice to Mrs Edith Burgos and refused to say that the AFP is guilty of kidnapping. This while another lower court just recently acquitted one of General Palparan henchman on " flimsy ground"

For the KD70 and the Filipino community, one thing is certain. As long as the US-Arroyo Regime is in power, we cannot expect full justice to be served.

Little "tender mercies from the court are only ripples in a big sea of injustice that the people will continue to suffer.



Prof. Guillermo Ponce De Leon

KD70-USA

San Francisco, CA