REPUBLIC OF THE PHILIPPINES

SUPREME COURT
Manila

ROSALINDA
R.
NARTATES,
ANTONIETA
SETIAS-DIZON,
FELICIDAD B SANO, ROMAN M.
SANCHEZ, EVELYN P. GARCIA,
HILARIO M. TAN, JOSEFINA
DELLORO,
SANTIAGO
Y.
DASMARIAS,
JR.,
ELVIRA
PRUDENCIO,
MANUEL
R.
BACLAGON,
MA. THERESA B.
GONZALES, BENNY C. ANGELES,
ERWIN P. LANUZA, OLIVER B.
ROSALES,
ROWENA
V.
ROSALES, JUAN ALEXANDER A.
REYES, GENEROSA C. MANILAG,
HECTOR JULIANO,
ROMEO
MANILAG
II,
RAQUEL
L.
TOQUERO,
,
MADELLA
T.
SANTIAGO,
EILEKRENES
C.
MANANO,
Petitioners

- versus -

WOA NO.
WHD NO.
For: WRIT OF AMPARO AND
WRIT OF HABEAS DATA.

H.E. BENIGNO SIMEON C. AQUINO

III in his capacity as the Commanderin-Chief of the Armed Forces of the
Philippines, VOLTAIRE GAZMIN in
his capacity as the Secretary of
National
Defense,
LT.
GEN.
HERNANDO
IRIBERRI
in
his
1

capacity as Chief of Staff of the

Armed Forces of the Philippines
(AFP), MAJ. GEN. VIRGILIO A.
HERNANDEZ in his capacity as
Deputy Commander for Intelligence
of the Armed Forces of the
Philippines, BRIG. GEN. ARNOLD
M. QUIAPO in his capacity as the
Chief of the Intelligence Service of
the Armed Forces of the Philippines
(ISAFP), The Commanding General
of the Philippine Army, The Deputy
Commanding
General
for
Personnel of the Armed Forces of
the
Philippines,
P/DIR.
LEONARDO ESPINA in his capacity
as Officer-in-Charge of the Philippine
National Police (PNP),
P/DIR.
CARMELO E. VALMORIA in his
capacity as Regional Director of the
National Capital Region Police Office
(NCRPO), PSSUPT. ROLANDO Z.
NANA in his capacity as Acting
District Director of the Manila Police
District, PSSUPT. NICOLAS S.
PION in his capacity as Station
Commander of Police Station 8, and
PSINSP. ALFREDO F. AGBUYA in
his capacity as Chief of Intelligence
Section of Manila Police Station 8,
Respondents.
x-------------------------------------------x

PETITION
PETITIONERS, through Counsel, respectfully state that:

PREFATORY STATEMENT
The Writ of Amparo emerged as a beacon of justice at a time of
intense persecution and threats to the life, liberty, and security of
members of progressive organizations.
In September 2007, when the Supreme Court promulgated the
Writ of Amparo, human rights groups had tallied 885 cases of
extrajudicial killings1 perpetrated since 2001.
Explaining the basis for the promulgation of the Rule on the
Writ of Amparo, the Supreme Court explained that [i]n light of the
prevalence of extralegal killings and enforced disappearances, the
Supreme Court resolved to exercise for the first time its power to
promulgate rules to protect our peoples constitutional rights.2
Many of those killed belonged to what were considered by the
State as leftist organizations as noted by then United Nations
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
Philip Alston in his report on extrajudicial killings in the Philippines.
The killings often followed a campaign by the military and the police
to vilify the victim and identify him as a rebel.3
Human rights defenders and trade unionists, along with many
other civil society leaders, appear to be killed due more to their
association with leftist groups than to their particular activity, Alston
noted in his report. He cited that Kilusang Mayo Uno (KMU), a trade
union organization, has lost numerous members to extrajudicial
executions while the Federation of Free Workers (FFW), another
trade union organization, has not lost any.
The key distinction appears to be that KMU is commonly cited
by Government officials as a CPP (Communist Party of the
Philippines) front group and FFW is not, Alston said.4
Under the Aquino administration, the number of killings have
decreased, but they have continued. Human rights watchdog,
KARAPATAN, has recorded 238 cases of extrajudicial killings as of
March 2015.
1

Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary

Executions, Philip Alston, citing Karapatan figures as of June 2007. 16 April
2008.
2
Annotation to the Writ of Amparo. Promulgated in September 2007, the Rule
took
effect
in
October
2007,
after
the
requisite
publication.
http://sc.judiciary.gov.ph/admin%20matters/others/annotation.pdf. Page 8. (last
accessed March 28, 2013)
3
Supra. Page 10. Counterinsurgency Strategy in the Central Luzon Region.
4
Footnote no. 11 in Alstons report.
3

Many of the killings are seen to follow a pattern. First, threats

are made, often sent through text messages or anonymous
correspondences alleging that the recipient is a member of either the
New Peoples Army (NPA) or the CPP. Subsequently, people are
spotted asking bystanders or neighbors information about the victim
near his/her residence or place of work. Surveillance of the activities
of the victim is conducted, but it is carried out indiscreetly so as to
constitute a threat rather than actual surveillance. After these, the
victim is killed.
It is in this context that Petitioners, all of them key officers and
members of sectoral and political organizations, are petitioning the
Court for the issuance of a Writ of Amparo that will protect their life,
liberty and security, and a Writ of Habeas Data that will compel
respondent government officials to allow the petitioners to rectify,
update, or suppress if necessary, government information concerning
the petitioners.
NATURE OF THE PETITION
1.
This is a petition for a Writ of Amparo pursuant to A.M.
No. 07-9-12 SC and for a Writ of Habeas Data under A.M. No. 08-116 SC.
2.
This is being filed for the protection of the Petitioners
whose rights to life, liberty and security have been violated and
continue to be violated through persistent threats and harassment
clearly intended to intimidate them and prevent them from pursuing
their work as community and union organizers and as staff and/or
officers of their respective sectoral and/or political organizations.
3.
Petitioners are likewise asking the Court to compel
Respondents, under the Writ of Habeas Data, to produce and, if
necessary, to update and rectify, or to suppress and destroy, data,
information, and files in their possession, under their control, or
contained in their data base which relate to or which concern
Petitioners.
THE PARTIES
4.

PETITIONERS are the following:

a. ROSALINDA R. NARTATES, 62 years old,

married, and a resident of 2358 Singalong,
Malate, Manila, is an employee of the National
Housing Authority (NHA). She is Secretary
4

General of the Confederation for Unity

Recognition and Advancement of Government
Employees (COURAGE) and the National
President of the Consolidated Union of
Employees of the National Housing Authority
(CUE-NHA);
b. ANTONIETA SETIAS-DIZON, 56 years old and
a resident of 118 Scout Rallos, Sacred Heart,
Quezon City, is a member of the Council of
Advisers of the Confederation for Unity
Recognition and Advancement of Government
Employees (COURAGE). She served as a
member of the National Executive Committee of
COURAGE for 20 years and is the current
President of Majorem Consultancy and
Marketing Services Inc.;

c. FELICIDAD B. SANO, 55 years old and a

resident of Phase 1 Block 15 Lot 14 Senate
Village, Bagumbong, Novaliches, is an
employee of the National Housing Authority
(NHA) and the Vice-President of the CUE-NHA;
d. ROMAN M. SANCHEZ, 57 years old, married,
and a resident of 5099 Barangay Maahas, Los
Banos, Laguna, is an employee of the National
Food Authority (NFA) and is the National
President of the National Food Authority
Employees Association (NFAEA);
e. SANTIAGO Y. DASMARIAS, JR., 56 years
old, married, and a resident of Block 6 Lot 20,
Silvergull St., Rainbow Homes I, Novaliches,
Quezon City, is the current President of the
National Federation of Employees of the
Department of Agriculture (NAFEDA);
f. EVELYN P. GARCIA, a Filipino, of legal age,
and a resident of Tondo, Manila is the current
Assistant Secretary-General of the NFAEA;
g. HILARIO TAN, 60 years old, married, and a
resident of #5 Samuel St., Phase 3D, Sto. Nino,
Meycauayan, Bulacan, is a retired NFA
employee and the former Vice-President of the
NFAEA;
5

h. JOSEFINA E. DELLORO, 55 years old and a

resident of 239 Sinagtala St., Batasan Quezon
City, is an employee of the Metropolitan Manila
Development Authority and a member of the
KKK-MMDA Education Committee;
i. ELVIRA PRUDENCIO, married, of legal age and
with office address at the National Wages
Productivity Commission (NWPC) Office, Dy
Building, Malvar St., San Marcelino, Malate,
Manila, is the President of the NWPC
Employees Association (NWPCEA) and National
President of DOLE-EU COURAGE;
j. MANUEL R. BACLAGON, 55 years old, married
and a resident of Barangay Commonwealth,
Quezon City, is the National President of the
Social
Welfare
Employees
AssociationDepartment of Social Welfare and Development
(SWEAP-DSWD) and former COURAGE Deputy
Secretary-General;
k. MA. THERESA B. GONZALES, 51 years old,
married and a resident of Block 10 Lot 19,
Salinas III, Bacoor, Cavite, is currently the
President of the Kapisanan para sa Kagalingan
ng mga Kawani ng MMDA (KKK-MMDA);
l. BENNY C. ANGELES, 66 years old and a
resident of No. 5 Maliksi St., Barangay
Pinyahan, Quezon City, is a retired MMDA
employee and a former officer of the KKKMMDA;
m. ERWIN LANUZA, 49 years old, married and a
resident of 15 Simoun St., Sta. Mesa Heights,
Quezon City, is the President of KASAMAKA
QC, the union of Quezon City Hall employees,
and the National President of the League of LGU
Employees (LEAGUE);
n. OLIVER B. ROSALES, 44 years old, married
and with office address at 118 Scout Rallos
Extension, Barangay Sacred Heart, Quezon City
and is a National Organizer of COURAGE;

o. ROWENA V. ROSALES, 44 years old, married

and with office address at 118 Scout Rallos
Extension, Barangay Sacred Heart, Quezon
City, is the Chief of Staff of COURAGE and
member of the National Secretariat of
COURAGE;
p. JUAN ALEXANDER A. REYES, 44 years old,
married and a resident of Barangay 11,
Poblacion, Caloocan City, is a national organizer
of COURAGE;
q. GENEROSA C. MANILAG, 59 years old,
married and a resident of Blk.50 Lot 3, Purok 2,
San Juan Street, Brgy. Central Bicutan, Taguig
City, is an Administrative Staff at the National
Office of COURAGE;
r. HECTOR JULIANO, 35 years old, married and a
resident of 118 Sct. Rallos Extension, Barangay
Sacred Heard, Quezon City, is a member of the
Campaign Staff of COURAGE;
s. ROMEO C. MANILAG II, 38 years old, married
and resident of 118 Sct. Rallos Extension,
Barangay Sacred Heart, Quezon City, is a
member of the Campaign Staff of COURAGE;
t. RAQUEL L. TOQUERO, 39 years old, married
and a resident of 930 Ri Saya St. Spring Ville
Subdivision, Blg. 1, Purok 4, Silang, Cavite, is a
national organizer of COURAGE;
u. MADELLA T. SANTIAGO, 31 years old, single,
and with office address at 90 J. Bugallon St.,
Barangay Bagumbuhay, Project 4, Quezon City,
is the Chairperson of the Salinlahi Alliance for
Childrens Concerns (SALINLAHI); and
v. EILEKRENES C. MANANO, 29 years old,
single, and with office address at 90 J. Bugallon
St., Barangay Bagumbuhay, Project 4, Quezon
City, is Deputy Director of the Childrens
Rehabilitation Center (CRC).
The Petitioners are represented by the undersigned Counsel
where they may be served with notices and other processes of the
Honorable Court at the address indicated hereunder.
7

5.

RESPONDENTS are the following:

a. H.E. BENIGNO SIMEON C. AQUINO III, with
address at the Malacaan Palace, Manila is
being impleaded in his capacity as the
Commander-in-Chief of the Armed Forces of the
Philippines (AFP);
b. VOLTAIRE GAZMIN, with office address at the
DND Building, Segundo Avenue, Camp
Aguinaldo, Quezon City, is impleaded in this
Petition in his capacity as the Secretary of
National Defense;
c. GEN. HERNANDO IRIBERRI is impleaded in
this Petition in his capacity as the Chief of Staff
of the Armed Forces of the Philippines, and may
be served with notices and other processes of
this Honorable Court at the General
Headquarters Building, Camp Aguinaldo,
Quezon City;
d. MAJ. GEN. VIRGILIO A. HERNANDEZ is
impleaded in this Petition in his capacity as
deputy commander for Intelligence, or J2, of the
Armed Forces of the Philippines and may be
served with notices and other processes of this
Honorable Court at the General Headquarters
Building, Camp Aguinaldo, Quezon City;
e. BRIG. GEN. ARNOLD M. QUIAPO is impleaded
in this Petition in his capacity as chief of the
Intelligence Service of the Armed Forces of the
Philippines (ISAFP) and may be served with
notices and other processes of this Honorable
Court at the ISAFP Headquarters, Camp
Aguinaldo, Quezon City;
f. The Commanding General of the Philippine
Army, who may be served with notices and
other processes of this Honorable Court at the
Philippine Army Headquarters, Fort Bonifacio,
Taguig City;
g. The Deputy Commander for Personnel of the
Armed Forces of the Philippines, who may be
8

served with notices and other processes of this

Honorable Court at the General Headquarters
Building, Camp Aguinaldo, Quezon City;
h. P/DIR. LEONARDO ESPINA is impleaded in
this Petition in his capacity as Officer-in-Charge
of the Philippine National Police (PNP), and may
be served with notices and other processes of
this Honorable Court at the PNP General
Headquarters, Camp Crame, Quezon City;
i. PDIR. CARMELO E. VALMORIA is impleaded
in this Petition in his capacity as Regional
Director of the National Capital Region Police
Office, and may be served with notices and
other processes of this Honorable Court at the
NCRPO Headquarters in Camp Bagong Diwa,
Bicutan, Taguig City;
j. PSSUPT. ROLANDO Z. NANA is impleaded in
this Petition in his capacity as Acting District
Director of the Manila Police District, and may be
served with notices and other processes of this
Honorable Court at the Manila Police District
Headquarters on United Nations Avenue, Paco,
Manila;
k. PSUPT. NICOLAS S. PINON is impleaded in
this Petition in his capacity as Station
Commander of Police Station 8, which has
jurisdiction over Sta. Mesa, Manila. He may be
served with notices and other processes of this
Honorable Court at Police Station 8 on V. Mapa
St., Sta. Mesa, Manila; and
l. POLICE SENIOR INSPECTOR ALFREDO F.
AGBUYA is impleaded in this Petition in his
capacity as Chief of the Intelligence Section of
Police Station 8, Manila Police District, and may
be served with notices and other processes of
this Honorable Court at Police Station 8, Manila
Police District, on V. Mapa St., Sta. Mesa,
Manila.

MATERIAL ALLEGATIONS
6.
Petitioners are officers and/or members of three national
organizations: COURAGE, SALINLAHI, and CRC.
7.
COURAGE is recognized as the leading umbrella
organization of public sector unions in the Philippines.
It is
considered as the organization of government employees with the
biggest number of union, association and group affiliates as well as
the biggest number of individual members.
COURAGE was
5
established in 1986.
8.
SALINLAHI, on the other hand, was established on 28
April 2008. It is a non-stock, non-profit, progressive and nationalist
alliance which promotes childrens rights and child empowerment for
genuine social transformation.6
9.
The CRC is a non-stock, non-profit, non-government
institution which serves children and their families who are
considered victims of state violence as well as children survivors of
disasters and sexual abuse by providing them with psycho-social
services and other forms of assistance.7
10. Petitioners, who are members of these organizations,
have been subjected, in varying degrees, to threats and harassment
from people who claim to either be a policeman or a soldier.
Petitioners have been accused of being members of either the NPA
or the CPP and have been asked to cooperate with either the police
or the military.
11. In nine cases, the threats were made on the same date,
27 April 2015, against several officers and members of COURAGE,
as if to ensure that both the organization and the officers and
members receiving the threats would get the message clearly.
12. The set of facts attendant to each Petitioner, including the
threats and harassments they experienced, are as follows:

a. In her Sinumpaang Salaysay, attached hereto as

Annex A, Petitioner ROSALINDA R. NARTATES
(NARTATES) avers that:
5

www.courage-phil.org.

http://salinlahi.weebly.com/about-us.html last accessed on 07 July 2015.

http://www.childrehabcenter.org/ last accessed on 07 July 2015.

10

a.1. On 27 April 2015, on or about

9:00 am, after the National Housing
Authoritys (NHA) flag ceremony in Sta. Mesa,
Manila, an NHA administrative staff, Adelaida
Mira, handed NARTATES a white envelope
addressed to her and apparently sent by the
Barangay Chairman of Barangay 733 of
Malate, Manila;
a.2. Inside the envelope was a
letter, the content of which is reproduced
below:
MAM ROSE,
PAGBATI!
BATAY SA REBELASYON NG
IYONG
DATING
KASAMA
NA
KASALUKUYANG
NAKAPIIT
SA
PIITAN,
IKAW, KA
ROSALINDA
NARTATES
AY
NAMUMUNONG
ORGANO NG PARTIDO SA HANAY
NG KAWANI NG NHA AY TUMATAYO
RIN
PANGKALAHATANG
PRESIDENTE NG CUE-NHA BILANG
LIGAL NA ORGANISASYON.
NAIS NAMING BIGYAN KA NG
PAGKAKATAON NA IPAGTANGGOL
ANG IYONG SARILI O PABULAANAN
ANG MGA REBELASYON NG INYONG
DATING KASAMA.
0932-109-2849.
KUNG NAIS MONG MAKIPAG-USAP.
NAWAY DI PA HULI ANG LAHAT.
Lubos na gumagalang:
(sgd)
CAPT. EVANGELISTA
PHIL ARMY
a.3. Copies of the envelope and
the letter are attached hereto as Annexes A1 and A-2, respectively;

11

a.4. Petitioner NARTATES asked

the security guard on duty at that time the
identity of the person who delivered the
envelope.
In his Sinumpaang Salaysay,
attached hereto as Annex A-3, security
guard DANILO BERTE y BIGNAYAN, attested
that:
Humigit kumulang ika 0705H ng
umaga, Lunes, April 27, 2015 may
dalawang lalake na dumating sa
pinagtratrabahuan ko at may dalang
sulat na nakalagay sa sobreng puti at
naka-address kay Maam Rose Nartates
at nagtatanong kung si Maam Rose ay
nandyan sabi ko wala pa po at ang sabi
ng lalaki na may dala ng sulat baka
pwede kong iwanan na lang sa yo. Ang
sabi ko naman hindi pwede Sir kasi
hindi kami authorize tumanggap ng sulat
lalo kung para kay Maam Rose at
nagkataon na dumaan si Sir Enrique
Agagas, isang regular employee ng
NHA at sinabi ko ang tungkol sa sulat
para kay Maam Rose kaya si Sir
Enrique Agagas na po ang kumausap
sa lalake at tinanggap ni Sir Enrique ang
sulat pero bago umalis ang lalake
hiniling ko ang buong pangalan niya.
Siya po ay si Ginoong John Jed David
ng Singalong, Malate, Manila.
a.5.
BERTE provided the
following description of the man who delivered
the envelope:
1. May taas na humigit kumulang 56
Ft.
2. Katamtaman ang pangagatawan
3. Humigit kumulang may timbang na
55 kilos pataas
4. Katamtaman ang haba ng buhok
5. Medyo matangos ang ilong, gwapo
6. Maliit at medyo pahaba ang mukha
7. Ang gulang ay nasa pagitan ng 30
years old pataas
12

8. Magaling managalog
9. At nagpakilala na inutusan lang daw
po sila, o messenger.8

a.6.
ENRIQUE AGAGAS y
ELEGIDO, the NFA employee mentioned by
BERTE in his Sinumpaang Salaysay, also
executed his own Sinumpaang Salaysay,
attached hereto as Annex A-4, which
corroborates the facts averred by BERTE in
his Sinumpaang Salaysay. AGAGAS stated
that he would be able to identify the man who
delivered the letter if he sees him again.
b. Petitioner ANTONIETA SETIAS DIZON (SETIASDIZON):
b.1. SETIAS-DIZON is currently a
member of the Council of Advisers of
COURAGE. She served as a member of the
National Executive Committee of the said
organization for 20 years. She is also a Board
Member of the Public Services Resource
Institute, an organization of retired and active
government employees. Moreover, she is an
incoming Board Member of the Claro M.
Recto Resource Center and President of the
Majorem Consultancy and Marketing Services
Inc., an independent consultancy firm on
disaster risk management;
b.2. On 06 May 2015, on or about
4:00 to 5:00 pm, Petitioner SETIAS-DIZON
was at the Dulcinea restaurant in Glorietta
Mall in Makati City after attending a
COURAGE staff meeting. After finishing her
meal and as she was preparing to leave the
establishment, she noticed a man enter the
restaurant. The man, who was wearing a
baseball cap and a blue polo shirt, sporting
long hair, and appearing not to have shaved
for days, settled in a table about one (1) meter
away from hers;

Annex B-1.
13

b.3. Because he was sitting

closely next to her, she stared at him. She
was surprised when the man smiled at her.
Thinking that she knew him from somewhere,
SETIAS-DIZON asked him who he was. The
man replied that he was a soldier and told her:
Alam na namin ang mga pinaggagawa
ninyo. Instantly, SETIAS-DIZON felt scared.
She was aware that similar incidents of
harassment of her fellow COURAGE
members happened a few days ago, carried
out by men who introduced themselves as
members of the Philippine Army. In that
instant, SETIAS-DIZON stood up and tried to
leave the restaurant;
b.4. The man also stood up. She
heard him call her Ka Tonette and telling her
to just listen to what he has to say. SETIASDIZON ignored the man. She approached the
cashier to pay for her meal but the man
followed her to the counter. While they were
standing in front of the cashier, the man told
her, Ako lang ang makakatulong sa iyo and
Tanggapin mo lang ito, while handing her a
piece of paper. SETIAS-DIZON could only
remember those two (2) sentences and not
what the man was actually saying as she
wanted to leave right away;
b.5. The cashier of the restaurant
and two waiters noticed that the man was
bothering SETIAS-DIZON. The cashier asked
her if the man was her acquaintance. When
SETIAS-DIZON said no, the cashier asked the
man to leave the establishment, which he did.
When Petitioner SETIAS-DIZON looked at the
small piece of paper that the man handed to
her, she saw a name and a mobile phone
number. Aware of previous and similar
incidents of harassment, she tore the piece of
paper out of fear. However, she was able to
recall that the name written on the paper was
Colin. She could not remember the mobile
phone number written with the name;
b.6.
Petitioner SETIAS-DIZON
called her sister, current Integrated Bar of the
14

Philippines (IBP) National President Atty.

Rosario T. Setias-Reyes, and told her about
the incident;
b.7. The 06 May 2015 incident
was not the last. On 01 June 2015, on or
about 1:00 pm, at the open parking area of the
SM Mall of Asia, while SETIAS-DIZON was
about 5-10 meters away from her car, the
same man who troubled her at Dulcinea
suddenly approached her from her right. The
man walked towards her and told her angrily:
Ka Tonette dito ka lang pala naiinip na ako sa
kakaantay. That was all she could remember
him say. Because she was alone in the area,
she ran back to the mall where there are
many restaurants and people. She then hailed
a taxi cab and asked the driver to bring her to
the IBP National Office;
b.8. Petitioner SETIAS-DIZONs
sworn statement is attached hereto as Annex
B.
c.

As to Petitioner FELICIDAD B. SANO (SANO):

c.1. Petitioner SANO is the VicePresident of CUE-NHA;
c.2.
On the same date that
Petitioner NARTATES received the envelope
containing the threatening letter or on 27 April
2015, Petitioner SANOs child got hold of an
envelope with SANOs name written on it in
their yard. In her Sinumpaang Salaysay,
attached hereto as Annex C, Petitioner
SANO narrated that she was only able to
open the envelope and read the letter that it
contained when she got home that night.
c.3. The letter, attached hereto as
Annex C-1, reads:
KA Fely,
Sa kasalukuyan, may mga
rebelasyon ang iyong dating
15

kasama na ikaw Felicidad Sano y

Bautista ay kabilang at aktibong
kasapi
ng
ORGANO
NG
PARTIDO na kumikilos sa Hanay
ng mga Kawani ng NHA, at
kasalukuyang
Pangalawang
Pangulo ng CUE-NHA bilang
Legal na UNION. Alam naming
kung sinu sino ang bumubuo at
nagbibigay ng direksyon sa
kabuuang plano at programa ng
Partido Komunista ng Pilipinas
sa ahensya ng National Housing
Authority.
At ikaw bilang regular na
kawani ng gobyerno ay nais ka
naming tulungan.
Maaring makipag ugnayan
ka sa numero ito kung ikaw ay
makapagpasya

Lubos na gumagalang,
09998367212

c.3. Two days after Petitioner

SANO received the letter, a neighbor told her
that a man had roamed their neighborhood
asking for directions to NHAs Northville
Project where SANO is working and inquiring
whether the neighbor knew of Petitioners
office phone number;
c.4. On 2 May 2015, Petitioner
SANO received three text messages from an
unidentified sender. All of the cited messages
asked her for details pertaining to NHAs
Northville Project in Bagumbong, Caloocan
City where Petitioner was assigned.

16

d. As to Petitioners ROMAN M. SANCHEZ (SANCHEZ)

and
SANTIAGO
Y.
DASMARIAS,
JR.
(DASMARIAS):
d.1. Petitioners SANCHEZ and
DASMARIAS are both officers of NFAEA.
SANCHEZ is the current National President of
NFAEA. DASMARIAS presently serves as
National Adviser of NFAEA, President of
NAFEDA, and First Vice-President of
COURAGE;
d.2.
In the joint Sinumpaang
Salaysay of SANCHEZ and DASMARIAS,
attached hereto as Annex D, Petitioner
SANCHEZ narrated that on 27 April 2015, on
or about 8:00 am, a man who introduced
himself as Jay came to the NFAEA office
and left an envelope for Petitioner SANCHEZ;
d.3. After the flag ceremony at
NFA, Petitioner SANCHEZ proceeded to the
NFAEA office where an office staff handed to
him an envelope intended for him. When he
opened the envelope, there was a letter inside
with the following content:
KA ROMAN N. SANCHEZ
MAGANDANG ARAW SAYO,
GINAWA KO ANG LIHAM NA ITO
UPANG IPARATING SA IYO NA WALA
AKONG HANGARING MASAMA SA
YO, KUNDI IPAABOT LAMANG SA IYO
NA GUSTO KITANG TULUNGAN.
LINGID SA KAALAMAN MO, ALAM KO
ANG
PARTE
MO
BILANG
FOUNDER/PRESIDENTE
NG
NATIONAL
FOOD
AUTHORITY
EMPLOYEES ASSOCIATION OF AN
NFA-EA NA SUMASALUNGAT SA
AHENSYA NA PINAGTATARABUHAN
MO AT IT ANG NATIONAL FOOD
AUTHORITY (NFA). ALAM KO AT
ALAM MO NA ANG KUMAKANDONG
SA BINUO MONG UNYON AY ANG
COURAGE, NA ITO AY ISA SA
17

NABIBILANG
SA
MGA
ORGANISASYONG MAKAKALIWA NA
LUMALABAN SA GOBYERNO.
BILANG NASA GOBYERNONG
TULAD MO, NINANAIS KO ANG
IYONG
MATAIMTIM
NA
KOOPERASYON
AT
PAKIKIPAGTULUNGAN
PARA
SA
IYONG KABUTIHAN HABANG IKAW
AY NASA IYONG GOBYERNONG
PINAGTATARABUHAN.
WAG MO SANA ITONG IPAGBALEWALA, ANG AKING ALOK NA
IKAW AY MAKIPAGTULUNGAN AY
MABISA
NG
PARAAN
PARA
MAITUWID
MO
ANG
MGA
PAGKAKAMALI
MO
LABAN
SA
GOBYERNO.
NARITO AKO PARA TULUNGAN
KITA AT ITO ANG AKING NUMERO
PARA TAWAGAN MO: 0906-309-7399.
SALAMAT!
JAY

d.4. A copy of the said letter is

attached hereto as Annex D-1.
d.5. On the same date, 27 April
2015, Jaime Saligumba, an NFAEA officer,
arrived at the NFAEA office at around 9:00
am. He saw a letter tucked in one of the
posters on their office door. He plucked the
letter out and saw that it was addressed to
Petitioner DASMARIAS and sent by a
certain Randy Baylosis of #9 K-F St.
Kamuning, Quezon City;
d.6.
When
Petitioner
DASMARIAS subsequently opened the cited
envelope, he found a letter which read:

18

Ka SANTI,
MAPAGPALAYANG PAGBATI
Kasamahang
Santiago
Dasmarinas Jr. May rebelasyon ang
iyong dating kasama na ngayun ay
kasalukuyang nakakulong. Isa sa mga
nabanggit niya na ikaw Santiago
Dasmarinas Jr ay isa sa mga mataas na
pinuno ng Organo ng Partido Komunista
ng Pilipinas na nasa ahensya ng
Gobyerno at sa ligal na Organisasyon
ng COURAGE.
Isa ka sa mga gumagawa ng
plano at programa sa lihim at hayag na
Organisasyon. Nais naming na ikaw ay
kausapin kung papahintulutan mong
makipag usap at makipag tulungan sa
amin.
Hintayin naming ang iyong
positibong pagtugon sa numerong ito
0916-574-8176. Hindi ako masamang
tao, ang hangad ko lng ay makatulong
sa iyo.
Salamat
Para sa Bayan

CPT. MAGDIWAN
Phil. Army

d.7. A copy of the said letter,

including the envelope, is attached hereto as
Annexes D-2 and D-3, respectively;
d.8. Petitioners SANCHEZ and
DASMARIAS also learned that several
people on several previous occasions had
gone to the NFA to look for NFAEA officers;

19

d.9. On 21 April 2015 at around

10:59 am, a man who introduced himself as a
liaison officer of the Intelligence Service of the
Armed Forces of the Philippines (ISAFP)
entered the NFAs premises and deposited his
.45 caliber pistol with the lobby guard. The
man was looking for Petitioners HILARIO M.
TAN and EVELYN P. GARCIA;
d.10. The next day or on 22 April
2015, another man again went to the NFA
looking for Petitioner GERALD S. TUBAO;
d.11. Alarmed by these incidents,
Petitioner SANCHEZ requested from NFA
security a copy of closed-circuit television
(CCTV) footages and photocopies of pages of
the NFA logbook covering the aforesaid dates.
A copy of the letter-request is attached hereto
as Annex D-4;
d.12. Acting on the said request,
SG III Noel G. Rodriguez, CCTV Operator,
submitted his report dated 05 May 2015 to
Atty. Anna Karina A. Coronel, Director of the
Security
Services
and
Investigation
Department (SSID) of the NFA. Attached to
the said report is the firearms deposit slip
confirming the deposit of a .45 caliber pistol by
a certain A. Borres, the logbook entry, and
screen captures of CCTV footages for 21 April
2015. The said report, together with its
annexes, is attached hereto and collectively
marked as Annex D-5.

e. As to Petitioner EVELYN P. GARCIA (GARCIA):

e.1. Petitioner GARCIA works at

the Accounting Services Department (ASD) of
the NFA. She currently serves as NFAEAs
Assistant Secretary General;
e.2. On 21 April 2015, Petitioner
GARCIA was at the NFAEA office when she
was informed by security officer Renato
Publico that a man who introduced himself as
20

a liason officer of the ISAFP was looking for

her and Petitioner HILARIO M. TAN (TAN).
Petitioner GARCIA then asked lobby guard
Renel Dechino to confirm the information.
Dechino informed her that, indeed, a certain
A. Borres was looking for her. Dechino also
told her that the man deposited a bag with a
service firearm;9
e.3. Petitioner GARCIA, in her
Sinumpaang Salaysay, attached hereto as
Annex E, stated that she does not know
anybody with the said name;
e.4.
On 27 April 2015, while
GARCIA was on her way to the NFAEA office,
a man noticeably boarded the same jeepney
that she hailed. The man had been waiting for
a jeepney in front of her house. He introduced
himself as a soldier and said, Hindi mo ba
alam na ang Unyon ay ginagamit laban sa
pamahalaan? When she asked who he was,
he handed her a piece of paper and suddenly
asked the driver to stop. The man alighted
even before the jeep had fully stopped.
Written on the said piece of paper is a note
that reads:
09774647750
Ate Evelyn,
Wait ko text or tawag mo para sa
bayan
TY.

d.5. A copy of the said note is

attached hereto as Annex E-1;
f. As to Petitioner HILARIO M. TAN (TAN):
f.1. Petitioner TAN is a retired
NFA employee, a former NFA Central Office
Union Vice-President and a Spokesperson of
the Koalisyon ng Progresibong Mangagawa at
Mamamayan (KPMM);
9

See Annex C-3.

21

f.2. In his Sinumpaang Salaysay,

attached hereto as Annex F, Petitioner
TAN averred that when he visited the NFA on
22 April 2015, a parking lot guard informed
him that a person from the ISAFP was looking
for him;
f.3. Just like Petitioner Garcia,
TAN asked Dechino to confirm whether,
indeed, a man from ISAFP came to look for
him. Dechimo confirmed the information and
said that a man introducing himself asA.
Borres had deposited a bag with a service
firearm.10

g. As to Petitioner
(DELLORO):

JOSEFINA

E.

DELLORO

g.1.
Petitioner DELLORO, an
employee of the Metropolitan Manila
Development Authority (MMDA) and an officer
of the KKK-MMDA, experienced a similar
incident on 27 April 2015;
g.2. In her Sinumpaang Salaysay,
attached hereto as Annex G, Petitioner
DELLORO narrated that on her way home
from an appointment with her doctor, she
bought refreshments from a neighborhood
store. While doing so, a man, who introduced
himself as Dindo Corpuz from the Department
of National Defense, told Petitioner DELLORO
to cooperate dahil may ginagawa daw akong
iba and allegedly because mayron akong
aktibidades bukod sa opisina;
g.3. Just like the previous
incidents, the man left a mobile phone number
that Petitioner DELLORO could call should
she decide to cooperate.

h. As to Petitioner ELVIRA PRUDENCIO (PRUDENCIO):

10

See Note 9.
22

h.1. Petitioner PRUDENCIO is an

employee of the NWPC and the President of
the NWPCEA and National President of
DOLEEU-COURAGE;
h.2. On 27 April 2015, at or about
2:33 pm, an unidentified man went to the
second floor of the NWPC office looking for
her. The man is 58 tall and about 40 years
old, dark, muscular and with a large belly;
h.3. At around 4:25 pm, Petitioner
PRUDENCIO left the NWPC office. The man
approached her at Malvar Street, just outside
the NWPC office;
h.4. The man said that he knew
who she was and that she occupied a high
position in the org. He also told Petitioner
PRUDENCIO that he knew she was a cadre.
The man promised her that he would help her
with all her problems as long as she
cooperates.
He
invited
Petitioner
PRUDENCIO to a nearby restaurant to eat
and talk but she refused. He did not identify
himself when she asked who he was, but
simply said he was from OP;
h.5. Petitioner PRUDENCIO went
inside the nearby Winwin condominium to
elude the man, but he waited for her until she
came out again. He gave her a small note
indicating a name and a phone number to call,
but did not follow after she took the note and
boarded a jeep. The name indicated in the
note was Josie and the phone number was
0947-2769709;
h.6. Petitioner PRUDENCIOSs
Sinumpaang Salaysay is attached hereto as
Annex H.

23

i. As to Petitioner
(BACLAGON):

MANUEL

R.

BACLAGON

i.1. Petitioner BACLAGON is the

National President of the SWEAP-DSWD. He
is also the former Deputy Secretary-General
of COURAGE;
i.2. In his Sinumpaang Salaysay,
attached hereto as Annex I, Petitioner
BACLAGON averred that on the night of 27
April 2015, he received a call from his child
who asked him whether he had a quarrel with
anyone. He asked why, then was told that his
wife received an envelope around 6:00 pm
that night from an unidentified suspiciouslooking man. Apparently, his wife had opened
the envelope and found a letter inside,
attached hereto as Annex I-1, and
reproduced in its entirety as follows:
Isang mapagpalayang pagbati
sayo iyo Manuel Reyes Baclagon.
Nais ko ipaabot at iparating sa iyo
na nais ko ikaw matulongan sa
isang bagay una sa seguridad
moa lam ko ang lahat sa buhay
mo, aswa, anak at tirahan mo
kahit na pangkabuhayan mo.
Alam ko ang ginagalawan at
tungkulin mo sa organo ng Partido
lihim man at hayag na pagkilos.
Dipa huli para sa iyo ang lahat
bago ka mag retiro. Tulad ko na
kagaya mo dati na kumilos at
nagamit
ng
Partido
dmali
ginagawa mo lalo isa kang
Empleyado din ng Gobyerno na
pinapasahod ng galing sa buwis
ng Masang Pilipino. Alam ko din
dahil sa paggalaw mo at
pagsunod s autos ng mga
nakakataas na organi o idibidwal
na tao na ang hangad lang ay
sirain at manggulo lang sa Bansa
ay pati trabaho mo sa DSWD ay
napababayaan
mo.
Hindi
masama ang kumilos pero sa
24

isang marahas na pakikibaka o

rebolusyon na tutunguhin mo mali
yan.
Ako ay isang sundalo
nagmamalasakit sa isang kagaya
mo. Kaya di pa huli kung hangad
mo
magbago
Ito
CP#
09773931763. Txt o tawagan mo
ako magpakilala ka lang na EMAN
kung nagpasya kana kasama o
kuya Manny na makipagtulongan
sa ating Gobyerno.

i.3. On 28 April 2015, Petitioner

BACLAGON saw a similar letter on his desk at
the DSWD Central Office in Batasan Hills,
Quezon City. Upon inquiry, the receiving clerk
told him that a man who was looking for him
arrived at their office at about 6 pm the day
before and left the letter when told that he was
not in the office. The DSWD Lobby Guard told
Petitioner BACLAGON that the man
introduced himself as someone from PUP
and had signed the guest logbook as Eric
Evangelista. Petitioner BACLAGON requested
a copy of the CCTV footage of the office, but
was told that it had been erased;
i.4. Because of the incident,
Petitioner BACLAGON was constrained to ask
his neighbors and officemates for details
about the man who delivered the letters. One
of his neighbors told him that a few days
before he received the letters, a man came
asking where Petitioner BACLAGON lives.
The man told the neighbor that they were
conducting a background check on him
because he was about to be promoted at
work.

j. As to Petitioner MA. THERESA B. GONZALES

(GONZALES):
j.1. Petitioner GONZALES is the
current President of KKK-MMDA, the
employees union of the Metro Manila
Development Authority (MMDA);
25

j.2. In her Sinumpaang Salaysay,

attached hereto as Annex J, Petitioner
GONZALES narrated that on 27 April 2015,
two men claiming to be trade union members
visited her at the KKK-MMDA Office at the
MMDA building;
j.3. One of the men introduced
himself as Romeo Angeles, but the other man
did not identify himself. They insisted on
talking to Petitioner GONZALES alone and
were asking about a rally to be participated in
by KKK on 1 MAY 2015;
j.4. The men asked Petitioner
GONZALES to go downstairs so they could
talk to her alone. Feeling that something was
wrong, she asked another union officer to
accompany her. The men then invited her to
meet with them alone two days later at a
Jollibee restaurant in Kamias Road in Quezon
City. However, Gonzales, fearing for her
safety and security, did not attend the said
meeting.

k. As to Petitioner BENNY C. ANGELES (ANGELES):

k.1. Petitioner ANGELES is a

former MMDA employee and is also a former
officer of the KKK-MMDA;
k.2. Petitioner ANGELES narrated
that on 16 June 2015, between 9:00 am and
10:00 am, two men visited him in his house;
k.3. In his Sinumpaang Salaysay,
attached hereto as Annex K, Petitioner
ANGELES described one of the unidentified
men as between 30-40 years old, slightly built,
about 57, with curly hair and a pale
complexion. The other was described as
between 40-45 years old, nearly bald, with big
eyes and brown complexion;

26

k.4. The younger of the two men

approached Petitioner ANGELES and said,
masyado na ang inyong pagkilos. When
Petitioner Angeles asked what he meant, the
man simply gave a note with a mobile phone
number written on it, telling him to call the
number in case he encountered a problem.
The two men then left on board a vehicle that
was parked about a hundred meters away
from Petitioner ANGELES house.

l. As to Petitioner ERWIN P. LANUZA (LANUZA):

l.1.
Petitioner LANUZA is the
President of KASAMAKA QC. He is also the
National President of the League of Local
Government Unit Employees;
l.2. In his Sinumpaang Salaysay,
attached hereto as Annex L, Petitioner
LANUZA narrated that on 19 June 2015,
between 9:00 a.m. and 10:00 a.m., a man
intercepted him beside his office while he was
about to enter;
l.3 The man, who is about 54
and around 40 years old, medium-built and
fair-skinned, introduced himself as a soldier.
He told Petitioner, Militar ako, kilala kita at
alam ko ang lahat ng iyong ginagawa. Tigilan
mo na yan at tutulungan kita kung anuman
ang maging problema mo ay tawagan mo
ako. He handed a piece of paper to Petitioner
LANUZA where the name Jed and a mobile
phone number, 0915-3170413, were written.
The man left thereafter after handing LANUZA
the said note. A copy of the note is attached
hereto as Annex L-1.
m. As to Petitioners OLIVER ROSALES AND ROWENA
ROSALES (SPS. ROSALES):

m.1.
Petitioner
ROWENA
ROSALES is the Chief-of-Staff of COURAGE
since 2001 and concurrent Information and
Public Affairs Officer of the same;
27

m.2. Petitioner OLIVER ROSALES

on the other hand is a National Organizer of
COURAGE tasked with organizing employees
unions of the NHA, DSWD, Quezon City Hall
and the MMDA;
m.3. On the evening of 11 June
2015, the Petitioners SPS. ROSALES were on
their home, when they felt that they were
being tailed. While they were still at the
Baliwag Transit Terminal, they noticed a man
who boarded, sat beside them, and then
alighted from the bus and never came back.
When their bus was about to leave, suspicious
looking men boarded the bus, but when the
conductor asked them where they were
destined, the men seemed to have no idea
where they were headed. The same thing
happened when men who looked like
members of the military boarded their bus
when it stopped at the SM North bus bay.
Upon noticing the men, the Petitioner
SPOUSES alighted from the bus before it
exited the North Luzon Expressway (NLEX);
m.4. On 24 June 2015, at about
8:30 p.m., the Petitioner SPOUSES were on
board a bus on their way home when a tall
man with a sling bag stood beside them. He
kept looking around the bus and at a particular
vehicle on the road. Once the bus was at the
NLEX, the man appeared to be trying to hand
to them a piece of paper but stopped midway
when the bus suddenly stopped;
m.5. On 25 June 2015, between
8:00 to 9:00 a.m., the Petitioner SPOUSES
were on board a bus on their way to work
when a man hurriedly boarded the bus. He
was between 30-35 years old, and had a short
haircut similar to that sported by soldiers. He
sat behind the Petitioners and, when asked by
the bus conductor where he was supposed to
alight, instead asked, GMA sila di ba? with
his lips gesturing towards the Petitioners.
GMA din, the man said;

28

m.6.
When the Petitioner
SPOUSES pretended to go down at SM North
Edsa, the man also stood up. The Petitioners
moved to another row of seats and the man
again moved to the seat behind them. When
Petitioners tried to take pictures of
themselves, which would show the man sitting
behind them, the man covered his face. After
two more such selfies the man moved to
another seat;
m.7. Petitioner Oliver Rosales is
worried because all leaders who complained
of harassment and his co-petitioners in this
petition were from the unions assigned to him
NHA, DSWD, MMDA and QC Hall.
Rosalinda Nartates, CUE-NHA President
informed him that she got a text message few
days after the harassment saying it was from
Oliver and asking the recipient to meet him
urgently.
m.8.
Petitioners
Sinumpaang Salaysay is
hereto as Annex M.

Joint
attached

n. As to Petitioner JUAN ALEXANDER A. REYES

(REYES):

n.1. Petitioner REYES is a

national organizer of COURAGE. As a major
part of his task, Petitioner organizes
employees unions in government agencies
such as the Philippine Senate, National
Museum, National Parks and Development
Committee and the Department of Tourism;
n.2. On 16 June 2015, at about
11:45 a.m., an unidentified man was seen
roaming around the compound where
Petitioner REYES resides. The man entered
the compound and knocked on Petitioners
door. When Petitioner REYES opened the
door, the man suddenly quipped, Bob,
sundalo ako, alam ko ang katayuan mo sa
partido at gusto kitang tulungan. He handed
29

Petitioner Reyes a paper, on it was written:

Rey 0918-6514110;
n.3. In his Sinumpaang Salaysay,
attached hereto as Annex N, Petitioner
REYES recounted that he replied: Anung
partido? Wala akong alam sa sinasabi mo.
Anung kailangan mo?
n.4. The man retorted: Bob, wag
ka na mag-deny, gusto kita tulungan, kontakin
mo ako diyan sa number na iyan. Petitioner
REYES then asked, Anung tulong sinasabi
mo, may ID ka ba? Ano apelyido mo? The
man said his surname was Dizon and insisted
that he only wanted to help. When petitioner
asked for an ID, and how the man knew
where Petitioner Reyes lived, the man said:
Sa kasamahan mo din, basta mag-usap tayo
sa labas. Pag may nangyari sa iyo ay wala na
ako magagawa;
n.5. Petitioners neighbor caught
the incident on CCTV. Footages show that the
man was accompanied by another man and a
woman.

o. As to Petitioner
(MANILAG):

GENEROSA

C.

MANILAG

o.1. Petitioner MANILAG is part of

COURAGEs Administrative Staff. Before this,
she served as a volunteer-organizer of the
same organizations Community Welfare
Assistance Program in Taguig City;
o.2. In the early morning of 20
June 2015, two men went to her house,
introduced themselves as soldiers, and told
her husband: Ka Omie, mga sundalo kami at
alam naming kumikilos ka. When her
husband asked who they were, they said they
were friends from Taguig who just wanted to
help. They left a number for her husband to
call and added, just before leaving:
Pagsabihan mo na rin si Misis mo na si Ka
30

Lance at anak na si Ka Andie. The two men,

who were wearing jackets, short pants and
baseball caps, then left aboard a motorcycle;
o.3.
Petitioner MANILAGs
Sinumpaang Salaysay, is attached hereto as
Annex O.

p. As to Petitioner HECTOR JULIANO (JULIANO):

p. In his Sinumpaang Salaysay,
attached hereto as Annex P, Petitioner
JULIANO narrated that he is a member of the
Campaign Staff of COURAGE;
p.1. On 26 June 2015, while
attending a rally in front of the Office of the
Presidential Adviser on the Peace Process
(OPAPP), Petitioner JULIANO noticed a man
taking pictures or videos using his cellphone
on the opposite side of the street. Petitioner
JULIANO noticed the man because he did not
take off his motorcycle helmet even while
taking pictures.
Petitioner JULIANOs
companion, Andie, approached him and told
him that there was indeed a man on the other
side of the street taking pictures or videos
using his cellphone;
p.3.
After the rally, Petitioner
JULIANO and Andie rode a rented jeep and,
while en route to the street corner going to
EDSA, noticed that a motorcycle is tailing their
jeepney. The motorcycle is similar to the one
that the man who was seen taking photos or
videos of the rally owned. Petitioner JULIANO
instructed the driver of the jeep to slow down
to see if the motorcycle will drive past them
but it did not. The motorcycle was a Honda
125 with plate number 3265 WU.

q. As to Petitioner ROMEO C. MANILAG (MANILAG II):

q.1. Petitioner MANILAG II is also

member of the Campaign Staff of

31

COURAGE and is the son of Petitioner

GENEROSA MANILAG;
q.2. In his Sinumpaang Salaysay,
attached hereto as Annex Q, Petitioner
MANILAG II corroborated the testimony of his
mother that on 20 June 2015, a soldier went
to their house;
q.3. Petitioner MANILAG II was
also with Petitioner JULIANO during the rally
at the OPAPP on 26 June 2015 where a man
with a motorcycle was taking pictures and
videos of them using his cellphone. He was
also on board the jeepney that was being
tailed by the said motorcycle on their way
back from the rally at the OPAPP.
r. As to Petitioner RAQUEL L. TOQUERO (TOQUERO):

r.1. Petitioner TOQUERO is a

national organizer of COURAGE;
r.2. In her Sinumpaang Salaysay,
attached hereto as Annex R, Petitioner
TOQUERO narrated that on 28 June 2015,
while her whole family was having breakfast,
her husband heard someone calling Tao po!
outside. Petitioners husband stood up to see
who was outside and saw a man of medium
height and built, around 25-30 years old, with
fair complexion and wearing a green baseball
cap, green pants, and a yellow polo shirt
outside. The unidentified man had chinito
eyes and puffy lips;
r.3. Petitioners husband, Mervin,
asked the man who he was and what he
needed. The man answered, Mga sundalo
kami, hinahanap naming si Raquel, alam na
naming ang pinaggagawa niya, gusto naming
siya makausap para matulungan. Mervin
asked for the mans name again and whether
he has any identification card or a mission
order. Mervin also told the man that they
were actually at the back of the house and

32

that if they wanted to talk they should go at

the front of the house;
r.4. Mervin then went to the front
portion of the house but did not see the man
follow. Petitioner TOQUERO on the other
hand went to the kitchen and he saw the man
who was wearing a yellow shirt. The man
called her and said, Raquel, sundalo kami,
kilala ka na namin, alam naming ang pinaggagawa mo. Gusto ka naming tulungan.
Kami ang makakatulong sa yo, eto ang
number kontakin mo. He handed a piece of
paper to the Petitioner with the name Delia
and the number 0926-1430628. A copy of the
note is attached hereto as Annex R-1;
r.5. The incident was reported to
the barangay.
s. As to Petitioners MADELLA T. SANTIAGO, RSW
(SANTIAGO) and EILEKRENES C. MANANO, RSW
(MANANO):

s.1. Petitioner SANTIAGO is the

Chairperson of SALINLAHI;
s.2. Petitioner MANANO on the
other hand is the Deputy Director of the CRC;
s.3.
Both
registered social workers;

Petitioners

are

s.4.
In their Joint Affidavit,
attached hereto as Annex S, Petitioners
SANTIAGO and MANANO narrated that on 14
May 2015, at around 7:30 pm, they left their
offices, both located at #90 J. Bugallon St.,
Project 4, Quezon City to have dinner;
s.5.
Both Petitioners walked
towards the corner of Bugallon and Lakandula
Sts., and rode a tricycle going to Metrolane on
20th Avenue, Cubao, Quezon City. They went
straight to Mang Inasal restaurant
and
ordered food at the counter;

33

s.6.
At
around
7:40
pm,
SALINLAHI volunteer Christofer Calibuso
arrived at the restaurant and told them that
they were being followed by four (4) men.
Calibuso apparently came from the same
waiting shed where the Petitioners boarded a
tricycle. He saw one of the four men who were
tailing Petitioners SANTIAGO and MANANO
positioned at the very same waiting shed.
The said man was wearing a black sando and
jacket. He had a handheld radio. Calibuso
then heard him telling someone else over the
radio: Alpha, positive narito na sila.
Suddenly, a motorcycle arrived and the man
with the radio rode on the motorcycle. The
men then followed Petitioners who were on
board the tricycle;
s.7. Petitioners and Calibuso saw
that the man who tailed them from the waiting
shed was standing outside Mang Inasal;
s.8. Another staff, Bruce Dig, who
was eating at the Mcdonalds restaurant
beside Mang Inasal, also saw the four (4)
men;
s.9.
At around 8:20 pm, the
unidentified men were seen at the periphery of
their office.

13. On 08 June 2015, when some of the Petitioners filed

complaints of harassment and direct threat before the Commission
of Human Rights (CHR), a policeman went to the office of CUE-NHA
where Petitioner NARTATES is based. He took pictures of the office
staff and, when asked why he was taking pictures, said: Dahil sa
mga rally. He later showed a Memorandum requiring students of a
police intelligence course to conduct a security survey of various
police stations of the Manila Police District to determine the existing
security measures being implemented to safeguard the Police
Station from possible enemy attack by the different threats. A copy
of the said Memorandum is attached hereto as Annex T.
14. He also showed a request from the Sta. Mesa Police
Station, addressed to the security personnel of the NHA office in Sta.
Mesa, Manila, signed by Respondent Police Senior Inspector
ALFREDO FRIAS AGBUYA, for permission to conduct security
34

survey and inspection to the offices and security education to the

personnel and particularly to the security of your installation. The
letter was signed by Police Senior Inspector Alfredo Agbuya, chief of
the intelligence section of Police Station 8. The directive is a clear
and direct threat to the members of the CUE-NHA and to Petitioner
NARTATES who is based in that office. A copy of the said letterrequest is attached hereto as Annex U.
15. These incidents are not something new for Petitioner who
are members of COURAGE. On 03 December 2012, two of its
national organizers Randy Vegas and Raul Camposano were
illegally arrested, detained and were slapped with trumped up
charges which include several counts of murder, frustrated murder
and theft. They were vilified and maliciously tagged as members of
the NPA.
16. Taken together, the threats and surveillance activities
portend a pattern: tagging the Petitioners as members of either the
NPA or the CPP, vilifying them for such alleged membership, and
urging them to cooperate with the military in ambiguous terms. It is
the same pattern that the Alston report mentioned and the same
pattern that KARAPATAN has observed in recent cases of extrajudicial killings of members of militant organizations. It is the same
pattern that has been seen to precede either an extrajudicial killing or
an enforced disappearance. Upon observing that the same pattern
exists in the cases of Petitioners herein, no other conclusion can be
reached other than that their lives, security, and liberty are under
threat. It is also obvious that the modus operandi manifest in the cited
incidents establishes the participation of state forces, especially that
of the military and police establishments.

ACTIONS TAKEN BY PETITIONERS

17. The Petitioners have filed a complaint before the

Commission on Human Rights (CHR), asking the said Commission to
look into the matter. To date, the CHR has yet to start its
investigation;
18. Petitioners also reported the many incidents of
harassment to KARAPATAN and consulted the National Union of
Peoples Lawyers (NUPL).

35

THE RIGHTS OF THE PETITIONERS WHICH WERE VIOLATED

AND THE MANNER OF VIOLATION BY THE RESPONDENTS
19. The acts of the Respondents and their agents violate the
Petitioners rights to life, liberty and security.
20. It is evident from the facts and the circumstances of this
case, that Petitioners, most of whom are members of government
employees associations and unions under the umbrella organization,
COURAGE, and two of which are members of organizations devoted
to childrens rights and welfare, are targets of an orchestrated plan to
sow fear among their ranks and membership.
21. In Secretary of Defense v. Manalo11, the Court held that
the right to security includes freedom from threat and can exist
independently of the right to liberty.
22. The Court cited the case of Delgado Paez
Colombia12, where the UN Human Rights Committee held that:

v.

It cannot be the case that, as a matter of law,

States can ignore known threats to the life of
persons under their jurisdiction, just because
he or she is not arrested or otherwise
detained. States parties are under an
obligation to take reasonable and appropriate
measures to protect them. An interpretation
of Article 9 which would allow a State party to
ignore threats to the personal security of
non-detained persons within its jurisdiction
would
render
totally
ineffective
the
guarantees of the Covenant.
23. In the instant case, the pattern is clear: Petitioners are
harassed not for their individual actions, but for being members of
militant organizations and, allegedly, of either the NPA or the CPP.
24. In many instances the Petitioners were told that their
activities are anti-government and illegal and that they should
cooperate with the military.
25. The message is rather clear: the Petitioners are being
harassed and threatened because of their political affiliations and/or

11
12

G.R. No. 180906. October 7, 2008.

Communication No. 195/1985, U. N. Doc. CCPR/C/39/D/195/1985 (1990)
36

their organizational work as officers, organizers and/or members of

COURAGE, CRC and SALINLAHI.
26. The fact that the officers, members and organizers of
other union of government employees not connected or affiliated with
COURAGE are not subjected to the same threat and harassment is
an indication that they are being singled out because of their
organizational affiliation.
27. This trend brings back to mind the observation of Prof.
Alston when he said that (h)uman rights defenders and trade
unionists, along with many other civil society leaders, appear to be
killed due more to their association with leftist groups than to their
particular activity.
28. Similarly, the key distinction is that, unlike the other union
of government employees, COURAGE, and also CRC and
SALINLAHI, are tagged by the Philippine Government as a front
organization of the CPP.
29. The threatening notes, the requests to cooperate, the
two-faced profession of concern for the Petitioners, the reminder
that pag may nangyari sa iyo wala na akong magagawa, are clear
threats to and constitute violations of the Petitioners rights to life,
liberty and security. The probability that the same modus operandi
may later on result in the abductions or killings of these individuals is
not remote in this case. This scenario, has happened before and may
happen again. The Petitioners experiences are indications of an
intensified repressive campaign by the military and police against
petitioners as members and/or officers of progressive organizations.
30. These threats and intimidation, including the fact that
Petitioners are being subjected to surveillance are clear indicia that
Respondents are in possession of information which they have
unlawfully compiled and are using as basis in the cited spate of
attacks. These data and information, including continued surveillance,
not only violate the Petitioners right to privacy but also negate the
Constitutionally protected and inviolable right of every person to be
secure in their persons, houses, papers and effects.13
31. Given the foregoing, it is but just and imperative that the
Honorable Court grants this Petition and issue the writs as prayed for
by the Petitioners.

13

Article III, Section 2, 1987 Constitution.

37

PRAYER
WHEREFORE, premises considered, it is respectfully prayed of
the Honorable Court that:
1.
Upon filing of this Petition, a Temporary Protection
Order be issued for the protection of the Petitioners and their
immediate family;
2.

After notice and hearing, judgment be rendered:

a. For the issuance of the privilege of the
Writ of Amparo in Petitioners favor;
b. For the issuance of the Writ of Habeas
Data ordering the Respondents as follows:
i.

To disclose to the Petitioners

and to provide them with
copies of, all the facts,
information,
statements,
records,
photographs,
dossier
and
all
other
evidence, documentary or
otherwise, pertaining to each
of them in their files or
record;

ii.
To direct the Respondents
and/or any persons acting
on their behalf to destroy
any information gathered on
each of the Petitioners.
Other reliefs just and equitable are likewise prayed for.
RESPECTFULLY SUBMITTED, 10 July 2015, Quezon City for
the City of Manila.

NATIONAL UNION OF PEOPLES LAWYERS

Counsel for Petitioners
3rd Floor Erythrina Building
No. 1 Maaralin corner Matatag Streets
Central District, Quezon City
Telefax No. (632) 920-6660
Email address: nupl2007@gmail.com

38

By:

EDRE U. OLALIA
IBP No. 0994858 - 1/29/15 - RSM
PTR No. 0756373C- 1/28/2015- Quezon City
Roll of Attorneys No. 36971
MCLE Compliance No. IV-0016615 - 04/11/2013

JULIAN F. OLIVA, JR.

IBP No. 0994859 1/29/15- RSM
PTR No. 0756374C- 1/28/2015- Quezon City
Roll of Attorneys No. 35870
MCLE Compliance No. IV-0021476 - 07/26/2013

EPHRAIM B. CORTEZ
IBP No. 0994860 1/29/15 Isabela
PTR No. 0756375C- 1/28/2015- Quezon City
Roll of Attorneys No. 41366
MCLE Compliance No. IV-0018068 - 04/25/2013

CARLOS MONTEMAYOR, JR.

IBP No. 0983686; 01/06/15; Q.C
PTR No. 0595402; 01/06/15; Q.C.
Roll No. 61085
MCLE Compliance No. IV 0017620; 04-22-13

MINERVA F. LOPEZ
IBP Lifetime Member No. 011325 - 01/04/13- Pangasinan
PTR No. 0560822-1/5/15 - Quezon City
Roll of Attorneys No. 60637
MCLE Compliance No. IV -0015617 - 04/11/2013

JOSALEE S. DEINLA
IBP No.1007279 Quezon City
PTR No. 1511745 C -6/23/2015- Quezon City
Roll of Attorneys No. 64967
Admitted to the Bar 2015, MCLE not yet required

39

FRANK LLOYD TIONGSON

IBP No.1007278 Quezon City
PTR No. 159999 C -7/13/2015- Quezon City
Roll of Attorneys No. 64966
Admitted to the Bar 2015, MCLE not yet required

COPY FURNISHED:
H.E. BENIGNO SIMEON C. AQUINO III
Malacaan Palace
Manila
VOLTAIRE GAZMIN
DND Building, Segundo Avenue
Camp Aguinaldo, Quezon City
GEN. HERNANDO IRIBERRI
General Headquarters Building
Camp Aguinaldo, Quezon City;
MAJ. GEN. VIRGILIO A. HERNANDEZ
General Headquarters Building
Camp Aguinaldo, Quezon City;
BRIG. GEN. ARNOLD M. QUIAPO
ISAFP Headquarters
Camp Aguinaldo, Quezon City;
The Commanding General of the Philippine Army
Philippine Army Headquarters
Fort Bonifacio, Taguig City;
The Deputy Commander for Personnel of the Armed Forces
of the Philippines
General Headquarters Building
Camp Aguinaldo, Quezon City;
P/DIR. LEONARDO ESPINA
PNP General Headquarters
Camp Crame, Quezon City;
PDIR. CARMELO E. VALMORIA
NCRPO Headquarters
Camp Bagong Diwa, Bicutan
40

Taguig City;
PSSUPT. ROLANDO Z. NANA
Manila Police District Headquarters
United Nations Avenue, Paco, Manila;
PSUPT. NICOLAS S. PINON
Police Station 8
V. Mapa St., Sta. Mesa
Manila
PSINSP. ALFREDO F. AGBUYA
Police Station 8
V. Mapa St., Sta. Mesa, Manila.

EXPLANATION:
Copies of this pleading were served on the parties by registered mail
due to time and personnel constraints.

JULIAN F. OLIVA, JR.

41