QC court junks bid for perjury case injunction filed by 9 militant group leaders

A copy of the Nov. 20, 2020 order of Quezon City Regional Trial Court Branch 92 Judge Eleuterio L. Bathan denying a petition of nine militant groups' leaders for a provisional remedy to a perjury case filed by National Security Adviser Hermogenes Esperon, Jr. (Contributed photo)

QUEZON CITY, Jan. 6 (PIA) -- Some nine leaders of militant groups with reported links to the Communist Party of the Philippines- New People's Army (CPP-NPA) failed to secure a provisional remedy to a perjury case filed by National Security Adviser Hermogenes Esperon, Jr. in March last year, a report by the Philippine News Agency on Monday said.

In an order dated November 20, 2020, Regional Trial Court Branch 92 Judge Eleuterio L. Bathan denied the application of Karapatan secretary general Cristina E. Palabay and eight others for the issuance of a writ of preliminary injunction.

Bathan, in his order, said the petitioners did not present evidence or proof to prove the existence of the requisites required in issuing a writ of preliminary injunction.

“The evidence adduced by the petitioner during the hearing on the application for the issuance of the injunctive relief prayed for does not prove or short of proving that (1) there exists a clear and unmistakable right to be protected; (2) this right is directly threatened by an act sought to be enjoined; (3) the invasion of the right is material and substantial; and (4) there is an urgent and paramount necessity for the writ to prevent serious and irreparable damage,” the judge's order said.

When the case was called for presentation of evidence for preliminary injunction application, the petitioners, instead of presenting a witness, opted to seek admission from the respondents by way of a stipulation, Bathan’s order said referring to Metropolitan Trial Court Branch 139 Judge Aimee Marie B. Alcera.

Palabay, along with Elisa Tita P. Lubi, Roneo S. Clamor, Edita T. Burgos, Wilfredo S. Ruazol, Gabriela Krista L. Dalena, Jose Marie T. Callueng, Gertrudes Ranjo-Libang, and Joan May E. Salvador, officials of Gabriela, Karapatan, and the Rural Missionaries of the Philippines (RMP), were named in the complaint filed by Secretary Esperon for allegedly lying under oath in their petition for writs of amparo and habeas corpus filed against the government before the Court of Appeals that were later dismissed in June 2020.

Quezon City Prosecutor Vimar Marcellano, in his two-page resolution dated February 24, 2020, found probable cause to indict the nine officials including one Emma Cupin, and recommended to Judge Alcera a bail of P18,000 for each of the respondents’ temporary liberty.

The CPP-NPA is listed as a terrorist organization by the United States, the European Union, the United Kingdom, Australia, Canada, New Zealand, and the Philippines.

Source: Philippines Information Agency (pia.gov.ph)

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