NTF-ELCAC Scores Legal Victory vs 'Harassment' Case

August 12, 2024

The National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) celebrated a major legal triumph after the Court of Appeals (CA) dismissed the petition for writ of amparo and habeas data filed by Jonila Castro and Jhed Tamano, who were linked to a communist front organization disguised as environmental community organizers.

During a press conference at Camp Crame, Assistant Director General Jonathan Malaya emphasized that this legal victory is a testament to truth and justice, countering the vilification campaign and propaganda against NTF-ELCAC by the communist terrorist group.

“The decision of the Court of Appeals is a clear vindication for NTF-ELCAC as an organization and for me personally, as I was named a respondent in what was clearly a baseless and harassment case,” Malaya stated.

The CA's Former Special Eighth Division – Division of Five denied the petitions, citing a lack of “substantial evidence.” The 55-page decision, dated August 2, 2024, concluded that the petitioners “failed to prove the existence of an imminent or continuing threat to their rights to life, liberty, or security,” which is a necessary element for issuing the writ of amparo.

“We extend our gratitude to the Legal Cooperation Cluster (LCC), led by the Office of the Solicitor General, for securing this victory against the agents of the terrorist Communist Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF). This is, in fact, a victory for the Filipino people against local terrorism in our country,” said Undersecretary Ernesto Torres Jr., Executive Director of NTF-ELCAC National Secretariat.

The CA also rejected the petitioners’ claim that their alleged abduction and enforced disappearance were carried out by, or with the acquiescence of, the state, noting that they failed to identify any government-affiliated individuals as the perpetrators of their alleged abduction. Additionally, the court ruled that Castro and Tamano’s “blanket request for the production of information or data from the respondents was a grievous overreach, warranting the denial of the petition.”

In rejecting the petition, the CA affirmed the respondents’ position that the alleged abduction was “baseless and unfounded” and that the extraordinary writs of amparo and habeas data cannot be weaponized against government officials without sufficient proof.

Following the decision, Malaya warned the communist terrorist group (CTG) handlers of the two young women to cease their terror grooming of students for a lost cause. “The militant left and their allied organizations attempted to demonize NTF-ELCAC and use this case as another excuse to call for its abolition, both in the court of law and in the court of public opinion,” Malaya said. “But all of this backfired on them.”

In light of this legal victory, NTF-ELCAC officials also called for transparency and accountability from Kabataan Partylist Representative Raoul Manuel. Undersecretary Torres emphasized the importance of Rep. Manuel addressing the allegations linking him to the New People's Army (NPA), especially considering his continued refusal to appear in the Senate.

“The public deserves nothing but the truth. We urge Rep. Raoul Manuel to come forward and explain his actions and associations. His silence may suggest he has something to hide,” Torres added.

Malaya echoed these sentiments, urging Rep. Manuel to address the allegations and clear his name.

Meanwhile, Justice Angelita V. Miranda, Assistant Solicitor General and Chair of NTF-ELCAC’s Legal Cooperation Cluster, called on universities to take a stronger stance against the recruitment and terror grooming activities on their campuses.

"This legal victory should serve as a wake-up call for all of us to remain vigilant against the recruitment of our youth by violent organizations. It’s imperative that we act decisively to prevent further harm," Miranda asserted.

The Court of Appeals' ruling marks a significant moment in the ongoing efforts to combat communist insurgency and protect the nation from the threats posed by the NPA and its affiliated organizations. NTF-ELCAC officials continue to push for accountability and transparency, urging those implicated to step forward and address the allegations head-on. ###

NTF-ELCAC MEDIA BUREAU

Ref: Joel M. Sy Egco

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