Cordillera Human Rights Alliance
#10 Rimando Road, Baguio City 2600
Email: chra@cpaphils.org
Telefax: 074-445 2586

Balao Family Files for Resolution of Amparo Case

Lawyers of the National Union of Peoples Lawyers (NUPL) representing the Balao family and the Cordillera Peoples Alliance (CPA) in the petition for the Writ of Amparo for James Balao filed a Manifestation and Motion to Submit the Case for Resolution.   Atty. Jennifer Asuncion who is also a member of the Free Legal Assistance Group (FLAG) explained that the motion was filed, “…because the Writ of Amparo is summary in nature.  We want to get through this process quickly because the the life, liberty and security of James Balao is a very urgent matter.”  The motion states that the Balao family and the CPA have rested their case and have agreed to accept the witnesses affidavits of the respondents as their testimony thus, waving their right to cross examine the respondents' witnesses.  The motion requests that Judge Galacgac of the Regional Trial Court (RTC) Branch 63 cancel the hearing on November 27 and come out with a resolution on the petition. 

During the last hearing, the Balao family, CPA and CHRA were heavily disappointed by the delay in the case forced at the last hearing by the Office of the Solicitor General (OSG).  With the motion filed last November 13, they now wait for the court’s decision. 

James Moy Balao, a founding member of the Cordillera People's Alliance (CPA) and the President of the Oclupan Clan Association was the victim of an enforced disappearance perpetrated by elements of the state security forces on September 17, 2008 in Lower Tomay, Benguet. On October 8 the Balao family and Beverly Longid, the Chairperson of the Cordillera Peoples Alliance (CPA), filed a Petition for the Writ of Amparo, praying for the court to,  “(a) issue a Writ of Amparo ordering the respondents to disclose where James Balao is detained or confined, (b) to release James Balao considering his unlawful detention and (c) to cease and desist from further inflicting harm upon his person.” It was hoped that the Writ of Amparo, a special legal measure created by Chief Justice Puno last year to assist in cases where a person's life, liberty and security are in immediate risk, would finally force James Balao's abductors to surface him. 

On October 30, during the second hearing on the Writ of Amparo, the Petitioners presented the last of their witnesses and rested their case. The Office of the Solicitor General (OSG), representing all the 13 respondents, including President Gloria Macapagal-Arroyo and the highest ranking officials of the PNP and AFP, seemingly unconcerned with the urgency of the case, requested a third hearing in order to present the witnesses of the Respondents.  The third hearing was scheduled for November 27, forcing the Balao family to wait another month for the proceedings to continue. Jude Baggo, Secretary General of the Cordillera Human Rights Alliance (CHRA), waiting outside the court with different organization reacted to the situation saying,  “James has already been missing for almost two months, and now his family has to wait until the end of November? The OSG knows that the rules for the Writ of Amparo state that the hearings should be summary.  They continue to delay the case and deny the Balaos and us access to this important legal remedy.” 

If the Writ of Amparo is granted it will allow the Balao family access to Philippine National Police (PNP) and Armed Forces of the Philippines (AFP) camps and other specified places in their search for James Moy Balao. Since the abduction the Balao family has attempted to search camps in the Cordillera Administrative Region, Region 1 and the National Capital Region (NCR). On October 28 the Chairperson of the National Commission on Human Rights (CHR), Leila de Lima, issued a mission order to her staff to aid the Balao family in their camp searches, facilitating better access. However, even when they are accompanied by CHR staff the Balao family's access to PNP and AFP camps has continued to be restricted. Until they receive a resolution on the Writ of Amparo the Balao family plans to continue searching camps in Central Luzon and around the NCR, maximizing the CHR mission order, despite its limitations.#

For reference:

Jude Baggo
Secretary General
Cordillera Human Rights Alliance