Court dismisses amparo petition against top Western Visayas police

An Antique regional trial court has dismissed a petition against the top officials of the Western Visayas regional police in connection with the death of seven alleged local officials of the New People’s Army (NPA).

In dismissing the petition, Judge Francisco Guzman of the Branch 12 of the Regional Trial Court in Antique also made it clear how and when the Writ of Amparo could be availed by a person.

“The Writ of Amparo as a remedy is confined to cases of extrajudicial killings and enforced disappearances or threats thereof which cannot be issued on amorphous and uncertain grounds or in cases where the alleged threats have ceased,” Francisco said.

The petitioner, Vivian Sanchez, also based her allegations on hearsay, the judge said.

Only actual threats maybe addressed under the Amparo Rule, and Sanchez failed to present substantial evidence.

In her petition dated August 16, Sanchez said three police officers interrogated her and threatened to arrest her and charge her for obstruction of justice for refusing to answer questions.

She also alleged that her family was placed under surveillance, which made her children afraid.

Sanchez is the wife of Eldie Labinghisa, one of the seven NPA members who were killed in the August 15 encounter with a team of police and soldiers in Barangay Atabay, San Jose, Antique.

Chief Supt. John Bulalacao, director of the Western Visayas police, said he expected the petition to be dismissed because the allegations were baseless and were mere results of the petitioner’s paranoia over the death of her husband.

“I have always emphasized in my talk to my men about the threats by the communist terrorists. Likewise, I have reminded them to respect human rights and accord the suspects’ due process of law,” Bulalacao said.

“I assure the people of Western Visayas that we will be constantly proactive in dealing with the insurgency problem in and that we remain on top of the situation,” he added.