CA denies NUPL bid for temporary protection order

(Eagle News)–The Court of Appeals has denied the National Union of Peoples Lawyers bid for a temporary protection order.

In denying the NUPL’s petition, the Special 15th Division noted that  the TPO the group sought for was one that enjoined the military and police from issuing public statements maligning their activities,  something that Section 14 of the rule on the writ of amparo does not provide for.

“Hence, it is not within the power of this court to grant said TPO in the context prayed for by the petitioners. It bears stressing that the privilege of the writ of amparo is envisioned basically to protect and guarantee the rights to life, liberty and security of persons, free from fears and threats that vitiate the quality of this life,” the court said.

The writ, it said, was confined to two instances: extralegal killings or enforced disappearances.

According to the division, the NUPL also “did not bother to furnish” the court with a list of members it said was being harassed following the military’s and police’s allegations it was a front for Communists.

It added the group  “should have given an accredited or to-be-accredited person or private institution capable of providing the protection desired as required under Section 14 of the rule  on the writ of amparo,” given its allegations against the police and the military.

The division added that a writ of amparo was already issued by the Supreme Court last May 3.

This was remanded for trial before the CA.

“All told, in so far as the TPO sought herein necessarily partakes of the protective aspect of the privilege of the writ of amparo, we therefore deny petitioners’ application,” the division said.