Motion filed to resolve case of missing activist

LA TRINIDAD, Benguet -- Lawyers of the Balao family and the Cordillera Peoples’ Alliance filed a motion last week with the Regional Trial Court to submit the case for resolution regarding their petition for the writ of Amparo in relation to the search for activist James Balao who was believed abducted here by the military.

Lawyer Jennifer Asuncion of the Free Legal Assistance Group said the “motion was filed because the writ of amparo is summary in nature. We want to get through this process quickly because the life, liberty and security of James Balao is a very urgent matter.”

The motion stated that the Balao family and the CPA 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 requested that RTC judge Galacgac of Branch 63 cancel the hearing on Nov. 27 and come out with a resolution on the petition.

“During the last hearing, the Balao family, CPA and Cordillera Human Rights Organization were heavily disappointed by the delay in the case forced at the last hearing by the Office of the Solicitor General,” said Jude Baggo, CHRA secretary general.

With the motion filed last Nov. 13, they now await the court’s decision. Balao, a founding member of the CPA and president of the Oclupan Clan Association was abducted Sept. 17 in Lower Tomay, Benguet.

On Oct. 8 the Balao family and Beverly Longid, the chairperson of the CPA, filed a petition for the writ of amparo, praying the court to, “issue a writ of amparo ordering the respondents to disclose where James Balao is detained or confined, to release James Balao considering his unlawful detention and 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 Oct. 30, during the second hearing, petitioners presented the last of their witnesses and rested their case.

The OSG, representing all the 13 respondents, including President Gloria Macapagal-Arroyo and the highest ranking officials of the Philippine National Police and the Armed Forces of the Philippines, requested a third hearing in order to present the witnesses of respondents.

The third hearing was scheduled Nov. 27, forcing the Balao family to wait another month for the proceedings to continue.

If the writ is granted, it will allow the Balao family access to PNP and AFP camps and other specified places in their search for James.

Since the abduction the Balao family has attempted to search camps in the Cordillera, Region 1 and the National Capital Region.

On Oct. 28 the Chairperson of the National Commission on Human Rights, 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 were accompanied by CHR staff, the Balao family's access to PNP and AFP camps has continued to be restricted. -- AD