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27 January 2010

CA grants Writ of Amparo in favor of Minor Leomar Bueno, with the assistance of CHR - Region II

On 18 January 2010 , the Court of Appeals (CA) promulgated its decision in CA-GR SP No. 00038, entitled “In the Matter of the Petition for the Issuance of a Writ of Amparo for Leomar Bueno”. In its decision, the CA not only granted the Writ of Amparo, but also cited the role of the CHR Region II Office (CHR-2) in the filing of the petition.

CHR-2 first took cognizance on 16 June 2009 , when the PNP Region II Director’s Office referred Leomar’s mother, Marites Bueno, to the Commission for assistance. CHR-2 promptly conducted a rescue operation and, on 18 June 2009, Leomar and his companion, Lorenzo Javier, were released from the custody of Mayor William Mamba of Tuao, Cagayan and brought to Tuguegarao City for proper legal and medical assistance.

In was eventually learned that the two boys, along with Robin and Raymond Rodriguez, all minors, were accosted by a group of men at the instance of Mayor Mamba and the Mayor’s brother, Atty. Francisco Mamba, a presidential appointee, on 14 June 2009 on the allegation that they were involved in the robbery of the Mayor’s canteen a day earlier.

The Mambas and their men, identified as Ariel Malana, Narding Agganan, Jomari Sagalon, Joseph Tumaliauan, Randy Dayag, Jun Cinabre, Rommel Encollado and Frederick Baligod, all municipal or barangay officers from Tuao, purportedly tortured or, at the very least, caused or allowed the torture of Leomar and Lorenzo, causing them serious injuries that have resulted in both physical and emotional scarring.

“The reports and photographs sent by the Region II office clearly show the extent of physical abuse suffered by Leomar and Lorenzo,” says CHR Chairperson Leila de Lima. “Regardless of any misdeed the boys may be accused of committing, absolutely nothing justifies the treatment they received.”

While Leomar and Lorenzo have taken action against the Mambas and their men, the Rodriguez brothers have denied any maltreatment. Instead, Robin claims that the Mayor was simply helping him and his brother stop stealing.

The CA declared that Leomar had sufficiently established, through witnesses and documentary evidence, that the respondents, all public officers, violated his right to security of person. It said:

“There is, hence, no doubt that Leomar is covered by the protective mantle of the Writ of Amparo, as, in the minimum, his liberty and security were violated by the offending public officers and individuals…”

The CA further stated that it would not be reasonable to convince Leomar that he would not suffer through the same ordeal again, as long as there is no positive action from the government, to punish those who did him wrong.

CHR-2 aided in the preparation and filing of the petition for the Writ of Amparo. CHR’s Legal and Investigation Office (LIO) also aided and participated in the proceedings. In granting the petition, the CA extends the protection of the writ to all those who aided Leomar and his family, especially CHR-2 personnel and witnesses for the Buenos.

The CA also ordered the PNP Regional Office in Cagayan to continue the investigation into Leomar’s case. Furthermore, Mayor Mamba was directed to fully cooperate in the investigation. Both the PNP and the Mayor were required to update the court on the investigation and make the findings available to Leomar and his counsel.