The Court of Appeals (CA) deems seven military officers accountable for the state-endorsed disappearance of labor organizers Elizabeth “Loi” Magbanua and Alipio “Ador” Juat, from Kilusang Mayo Uno (KMU), as stated in an order released on Friday, September 9.
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The order signed by Associate Justice Ronaldo Roberto Martin noted, “[w]ithout any specific pronouncement on exact authorship and responsibility, declaring the respondents accountable for the enforced disappearance and continued disappearance of Elizabeth ‘Loi’ Magbanua and Alipio ‘Ador’ Juat.”
Based on the previous decision of the Supreme Court (SC), the referred accountable respondents are:
• Lieutenant General Bartolome Vicente Bacarro, Armed Forces of the Philippines (AFP) chief of staff;
• Jose Faustino Jr., Department of National Defense officer in charge;
• Ricardo de Leon, National Intelligence Coordinating Agency director general;
• Lieutenant General Romeo Brawner Jr., Philippine Army commanding general;
• Major General Roy Galido, Army acting chief of staff;
• Major General Romulo Manuel, AFP Deputy Chief of Staff for Intelligence; and
• Brigadier General Nolasco Mempin, Deputy Chief of Staff for Civil Military Operations.
Earlier, KMU reported that two of its members, Loi and Ador, went missing and were last seen on May 3, 2022 in Barangay Punturin, Valenzuela City after attending a meeting.
A daughter of Ador revealed that she was able to contact her father who informed her that he and Loi were forcibly abducted by state forces of the Philippine Navy. Ador also mentioned that he was being held captive inside Camp Aguinaldo while Loi was separated from him.
Loi and Ador have been active in organizing workers for their rights, welfare, and for unionization.
Coinciding with Loi and Ador’s cases, two Central Luzon land rights activists, Elgene Mungcal and Cha Pampoza, were also reportedly abducted by state forces in front of a local supermarket in Moncada, Tarlac last July 3, 2022.
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On August 23, 2022, the SC issued a Writ of Amparo in favor of Loi and Ador. This was the response to a petition filed by Ruth Manglahan, Loi’s partner; Alyssa Marie Magbanua, Loi’s niece; and Maureen Juat, Ador’s daughter, on behalf of the two desaparecidos.
The Writ of Amparo is a legal remedy for any person whose right to life, liberty, and security is violated or threatened by a public or private individual or entity. This covers the cases of extrajudicial killings and enforced disappearances or threats thereof.
The SC also referred the petition to the CA to hear the case on August 30, 2022 and to release a decision within ten days.
The August decision from the SC only counted for partial protection. The new decision from the CA made the earlier decision official and permanent.
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The CA suitably released its decision last Friday, also in favor of Loi and Ador.
The Court decision orders the issuance of the privilege of the Writ of Amparo in favor of the two desaparecidos, as well as the issuance of a Permanent Protection Order for the desaparecidos and their immediate family.
The identified accountable military officials are directed to conduct an immediate, comprehensive, and exhaustive investigation to find Loi and Ador. They are currently holding no post.
The officials are ordered to submit a written report on the results of their efforts within six months upon receiving the decision. Failure to comply will constitute contempt of court.
KMU welcomes the Court decision. “The exercise of our Constitutional right to organize and unionize is not and will never be a crime. For decades, Loi and Ador poured their strength and energies into advocating for the rights and welfare of Filipino workers. They have tirelessly campaigned for just and living wages, decent and regular jobs, and trade union and labor rights,” KMU Chairperson Elmer “Ka Bong” Labog contended.
The labor rights group continues to condemn the AFP and other agencies involved in state-endorsed suppression.
“[W]e challenge Marcos Jr. to direct his military officers and department heads to urgently comply with the investigation and to hold everyone involved accountable,” Labog added, amplifying the decision of the Court.
The group warned, “[w]e will remain vigilant and ensure a speedy search and investigation. We will not be silenced until Loi and Ador are surfaced and their perpetrators are held accountable.”
Labog also urges others to join KMU and other formations in calling for an end to extrajudicial arrest and detention and to resurface Loi and Ador.
#SurfaceAllDesaparecidos
#StopTheAttacks
Featured image courtesy of Kilusang Mayo Uno Facebook page
