Breaking News:
Philippine Navy welcomes SC grant of privilege of writ to Gadian; hopes she will face investigation.
The Supreme Court granted today the writ of amparo for Lt. Nancy Gadian, the navy officer who has been declared AWOL by the Philippine Navy. (Download writ-of-amparo)
The Supreme Court also directed the Court of Appeals to hear the petition on March 28, 2009 at 10 a.m. and decide it within 10 days.
The petition was filed last Tuesday by Nedina Gadian Diamante, sister of Lt. Gadian with the assistance of CenterLaw Philippines. (Download petition)
CenterLaw’s Harry Roque said, “This is unpredented that a military officer is granted relief by the Supreme Court.”
Upon receipt of the High Court’s order, Roque, counsel for Diamante, filed a motion manifestation for Gadian to seek temporary sanctuary with the Supreme Court in the absence of accredited sanctuary.
The Philippine Navy said they will abide by the grant by the Supreme Court to Lt. Gadian of the privilege of the writ. “The Navy leadership itself has long been offering her assurance of her ‘life, liberty, and security’made subject of the petition,” the Navy said in a statement.
“With this, we hope Lt. Gadian will finally face the Investigation Committee formed by the Secretary of the Department of National Defense to substantiate her serious allegation of corruption of Balikatan ’07 fund that has dragged the AFP into a controversy,” the Navy said.
Following is the statement of CenterLaw:
“The Supreme Court, under the authority of Chief Justice Reynato Puno, issued yesterday an unprecedented Writ of Amparo directing top officials of the armed forces to desist from issuing or carrying out any threat to the life, liberty and security of whistleblower Lt. Senior Grade Mary Nancy P. Gadian.
“This is the first time that the Supreme Court provided protection under the Writ of Amparo to an officer of the Armed Forces of the Philippines (AFP).
“As this developed, lawyer Harry Roque, counsel for Gadian’s sister, Nenida Diamante, who filed a Petition for the issuance of Writ of Amparo on behalf of the junior Navy officer, said Lt. SG Mary Nancy Gadian’s life is more important than all the benefits that she could lose if she were to be dropped from the rolls of the Armed Forces of the Philippines.
“Roque was reacting to a 48-hour ultimatum given by Philippine Navy authorities to Lt. SG. Gadian to surrender or risk being dropped from the rolls of the AFP.
“It is indeed a waste for a be-medaled officer to end her career in this manner. It must be understood though that Lt. Gadian has already determined that her life is more important than her title and her career in the military. I concur with Gadian that this is the correct decision,” said Roque.
Gadian went into hiding after declaring in a radio interview that high-ranking AFP officers were involved in corrupt practices as a result of the 2007 BALIKATAN exercises.
“In a two-page order, the Supreme Court directed AFP Chief of Staff, Lt. Gen. Victor Ibrado, Navy Flag-Officer-in-Command, Vice Admiral Ferdinand Golez, Western Mindanao Command Chief of Staff, Col. Joel Ibañez , Management and Financial Officer, Lt. Col. Antonio Dacanay and Retired Lt. Gen. Eugenio Cedo to make a return of the writ on or before May 28, 2009.
“The High Court also directed the Court of Appeals to hear the petition on the same day and decide the case within ten (10) days after its submission for decision.
“The order, signed by the Ma. Luisa D. Villarama, Clerk of Court of the Supreme Court, was issued under the authority of Chief Justice Puno.
“There is a higher interest than the exigency of military service for Lt. Gadian to tell the truth behind her allegations of corruption. If proven, it will provide proof that the only viable policy justification for the Visiting Forces Agreement, the financial assistance that the Philippines would receive , is more illusory than real, “said lawyer Romel Bagares, Excutive Director of the Center for International Law (CENTERLAW) that provided legal service for the filing of the Amparo petition. . “It will prove that the VFA only benefits the corrupt Generals who have been helping to perpetuate Mrs. Arroyo in power.”
“The BALIKATAN exercises are being conducted pursuant to the visiting Forces Agreement. While the Arroyo justification maintains that the VFA is anchored on the Mutual Defense Treaty (MDT) between the US and the Philippines.
“Critics, including Former Senate President Jovito Salonga, have argued that the MDT is already a legal anachronism since the use of force has already been made illegal under international law. Salonga is lead Petitioner in a petition that seeks to declare the VFA unconstitutional.
“Meanwhile, Mr. Felipe Pestano, father of the deceased Navy Ensign Phillip Andrew Pestano, also advised Lt. Gadian to continue to stand up for the truth: “continue what you are doing in exposing the truth. We who have lost our loved ones stand solidly behind you.” The Senate had previously issued a report that Philip Pestano, also a whistleblower on corruption in the Navy, was murdered although this has been denied by authorities in the Philippine Navy.”
First, it’s Judge Lorredo and now this. There is still hope with our justices after all. Hope they sustain their fairness and credibility and don’t get pressured by Gloria and her minions.
The journalists who are in the AFP’s order of battle should also seek the court’s protection.
Ang sarap pakinggan Skip ang winika mo at NAWA e yan ang mangyari…datapwa’t sa hinagap e row four ang grades ng Judiciary kung ang topic e ipaglaban ang Katotohanan.
E numoro unong sakit ng ulo ang ating Judiciary di ba si Ingkong Goon ang bosing diyan at yon namang rubber-stamp na Korte Suprema wala akong bilib selictive yan…ang Ombudsama wala ding kabuhay-buhay.
Ang dami ng journalists ang itinumba ng dahil sa pagbubulgar ng katiwalian? Di ba dapat ang AFP or PNP ang siyang protektor ng bayan…dapat sila ang taga-pagpatupad nito at kailangang tulungan ang sinumang kinauukulan na nagsisiwalat ng katotohanan.
Ang hirap e sa halip na tulungan ang mga pobre, sila pa ang pinagdidiskitahan, dapat kung sino ang nagkasala sa batas e papanagutin sa hustisya.
Paano titino ang ating bansa…gumawa ka ng mabuti, kakasuhan ka ng komunista o kaya supporter ng NPA, pero kung magnanakaw ka ng Milyon, mang-aagaw ng poder ng kapangyarihan e ipagtatanggol ka pa ng AFP/PNP at ni Ingkong Goon and co.
Sige nga po paki isplika ito ha? Ang daming nagmamadunong sa ating lipunan e puro vested interest lamang ang laman ng kukote.
Pag nakapwesto na akala mo sa kanila ang Pinas, obvious naman kung magsiasta parang di naghihirap ang Pinas. Yong tinatangkilik nilang kayamanan sa buhay e saan ba nanggaling yan.
HON. Ltsg. dobleng ingat at wag kang pakasiguro sa ating husgado sapagka’t halos appointed ni GMA ang mga iyan, posibleng ilag-ilag ka ng mga iyan.
Good, the SC is showing some inedependence and compassion for the oppressed. Sana ganito sila sa lahat ng mga kaso nila.
Had the AFP given equal attentions to the Allegations of Lt. Gadian than trying to help their very own wiggle out of this mess, the writ would have not been necessary and orderly surrender could have been facilitated and the Truly impartial inquiry into the Corruption within the High Command could be conducted and done with and the results would be one of the basis for the complete Reform of the whole system…
An Independent Inquiry into Former PM Brian Mulroney dealings with Lobbyist and Fugitive German Businessman Schreiber wrapped yesterday after 6 days of testimonies by Mulroney.
The case revolves around the Claim of Schreiber that he had given the former PM (immediately after he left Government) $300 thousands to Lobby for Him and wants the Money Back since he did not get anything in Return…Pls. Note that Schreiber is fighting Extradition to Germany for numerous Criminal Charges, mostly Frauds…
Mulroney successfully sued the Government for $1.8 millions for Libel in mid-1990 when word Leaked that he was under investigations for alleged wrongdoings in Connection of Sale of Airbus Aircraft in the amount of $1.8 billions while he was PM…he was not charged…
The Inquiry is of the Blameless Type and would be an Aid for Legislation regarding Ethics, and Conflict of Interest (how long can an Elected Official act in behalf of lobbyist or lobbyist after leaving office, the old guidelines is immediately, now the proposal is between 3 to 5 years) and many more reforms that will be recommended by the Inquiry Panel…
http://www.thestar.com/news/canada/article/636834
Take note: Philippines Senate and House of Representatives of how the Aid of Legislation is done effectively…
May pag-asa pa pala tayo. Pero pag itong si Lt. Gadian pumasok sa bitag ng AFP o di kaya tanggapin ang alok ni Teodoro (Gagong Harvardian at Bar Topnotcher daw) na sumuko sa kanya … e di nilamutak siya ng mga Buwaya ni Glorya.
Mabigat kasi yang maging whistleblower ka sa isang corruption case … bawal yan kay Glorya. Siya ay nasasaktan … lol.
Good news, the Supreme Court has finally awoken that lives in Gloria’s regime is lima-singko.
Kung sumuko si Lt. Gadian sa pa-sweet ng Navy ay tapos na s’ya. Si Gloria at Asspweron pa, walang honor ang salita!
Ngayon, ang dapat gawin ni Gadian ay isiwalat niya, complete with documents, ang kanyang nalalaman sa corruption sa Philippine Navy na matagal nang iniaangal ni Trillanes.
Hindi dapat matakot si Gadian, mapoprotektahan siya ng katotohanan. Sinimulan na, mabuti ay tapusin na niya.
Good luck and mabuhay, Atty. Harry Roque.
Under ba ng DOJ ang Supreme Court? mas makapangyarihan ba ang salita ni Ingkong Goon siraulo kaysa decision ng SC? Akala ko final ang decision ng SC ang pinakataas na hustisya sa atin? Ang turo sa akin noong araw Lady Justice when equal scales she holds is blind..I guess iba na ngayon kung na bigyan ng power ang DOJ under Ingkong..ay hindi pala siya Lady! kaya tinatapun niya ang mga orders or decisions ng lower cours sa kangkungan! BUT inspite of him we have hope and there seems to be a light shining at the end of the justice tunnel..may mga ilang alitaptap na lumilipad..salamat sa kanila..Hon. Puno, Atty. Roque, at Judge Lorredo…we are praying for you..Truth and Justice is our cry and thank you for leading us..I understand Lt. Gadian is from Iloilo..raku gid nga salamat kag mag andam ka gid..pagadian ka namon tanan..Thank you Lord and God bless you all..
Okay. Issues have been joined, time to turn up the heat.
Isulat lahat ni Gadian ang nalalaman, as a supplement to the petition, para ang kaalaman niya will already be part of court records, bago mabura.
Subpoena the COA report; humingi ng kopya, bago ma-doctor. So far, I trust the COA; pero baka ang militar ang mag-doctor.
Puwede ring mag-intervene ang media, and ask for a copy of the records. Hindi puwede diyan ang argument ng national security, dahil pera lang yan, at tapos na ang event, in fact, na-audit na.
In the Michael Ray Aquino case, an NJ newspaper intervened, and got copies of the pleadings of the parties, with their attachments.
SnV and Atty, could you please take a look at the SC order. Some military lawyer argue the SC has not granted the writ of amparo yet. They said the SC directs the CA to order respondents to make a verified return of the writ of amparo and for the CA hear petition on May 28 and decide on it within 10 days. That’s when we would know if the petition is granted or not. Is that correct?
Staying in the philippines now for me is a nightmare right now dahil sa mga mataas na tax at mga pangungurakot..
This is her time to prove her allegations,about the said corruption is Balikatan.Show evidence, a lot of people will support and back you up in this case.
Correct. What was granted was the opportunity to be heard. The return order is actually the date when the respondents will appear in court to show cause why the writ should not be issued. The hearing will evaluate the merits of the case, whether or not the allegations of the petition can be substantiated.
Kaya nga, I recommend, subpoena the COA; subpoena also the documents detailing Gadian’s “misconduct” to prove the intent to cook up a case to shut Gadian up. Mabigat ang burden of proof diyan, but it can be done.
A, akala ko ay medyo ayos na, hindi pa pala!
So our news stories are wrong. So why didn’t the Supreme Court spokesman correct the interpretation of broadcast media when he was being interviewed.
Also, the press statement of Atty. Roque said the SC issued writ of amparo. Naku, mali pala kami.
“Some military lawyer argue the SC has not granted the writ of amparo yet.” Talagang pinag-aaralan nila ha. Gusto nila talagang tirahin si Lt. Gadian. Masama talaga ang binabalak itong mga General na putak ng putak kay Lt. Ang aking maipapayo na lang sa butihing Lt. … mag-buo ka na lang ng sarili mong army … tignan mo titigil na sa kapuputak ng mga walanghiyang yan.
Ako din Chi kala ko okie na..hay alam mo naman militar…gagawa ng paraan yan tumahimik lang si Gadian.
The correct term for a news item is “The Supreme Court granted due course to the petition.” To be granted due course means to be heard. Mahirap makakuha ng due course, because most cases filed before the Supreme Court are summarily dismissed (not even heard).
If there is a hearing and the prayer is not granted, the petition is said to be denied. Kung panalo, granted.
This will be more difficult than a petition for a writ of habeas corpus. For habeas, one only needs to prove that there is no legal basis for detention. Pure legal argument yan, usually the facts are not in dispute; like is there legal basis to hold Querubin et al? My contention is there isn’t. But that will be for another thread.
Here, how do you prove a threat?
I hope the case is raffled to Justice Salazar-Fernando.
tama lang ang batas c gonzales at gma malacanang lang ang di marunong sa batas mabuhayu si gadian ilabas ang katotohanan. kasi sa pilipinas ang katotohanan ay pinapatay. kailan kaya mawawala si sira ulo gonzales. godbls philipines.
Gee, the SC may be just trapping Gadian para lumabas. Huwag muna siyang lumabas kung ganun. Let us not rejoice. I remember the cases filed by Querubin et al. All were referred back to the Court Martial. Look at where they they are now? Still incarcerated inspite of lack of witnesses for the mutiny. The best witness they have so far is John RAT Martir who himself is an AWOL, not necessary a good witness. if you ask me.
Na basa ko kanina sa local paper namin dito sa JC…”old golfers never die, they just lose their balls”..hindi ba maraming golfers sa administration ni gloria?..kaya pala maraming walang balls..
Yan oh.. ganeri talaga! may esperonza pa kaya?
psb,
It is not the SC through its misinterpreted order trapping Lt Gadian to come, but the Navy heirarchy which has a reason/motive to do so.
Nakakatakot na baka kapag sumuko siya sa custody ng Navy ay matulad siya kay Ensign Pestano na walang awang pinatay upang lubusang manahimik.
Lt Gadian, do not let yourself fall to their trap. Watch their bait!
I remember Ensign Pestano who stumbled into the Navy/Coast Guard anomaly and was killed before he could expose it.
Bitchevil.. same here,I suddenly saw Philip’s image in my mind when the allegations of Lt. Gadian surfaced.God rest his soul. i hope Lt. Gadian is safe wherever she is ..