By ELLEN TORDESILLAS
THE Supreme Court issued Thursday a writ of amparo to protect Navy Lt. Nancy Gadian from alleged threats to her life, liberty and security, after she exposed alleged anomalies in the P46-million fund for the 2007 Balikatan exercises.
The Supreme Court directed the Court of Appeals to hear on May 28 the petition filed Tuesday by Gadian’s sister Nedina G. Diamante, and decide the case within 10 days.
The High Tribunal directed respondents Armed Forces Chief Lt. Gen. Victor Ibrado, Navy Flag Officer in Command Vice Admiral Ferdinand Golez, Western Mindanao Command (Westmincom) Col. Joel Ibanez, Westmincom financial officer Lt. Col. Antonio Dacanay and now retired former Westmincom commander Lt. Gen. Eugenio Cedo to answer the allegation on or before May 28, 2009.
The writ of amparo is a legal option that can be taken by persons whose lives and safety are under threat. It has been used by victims of extrajudicial killings and disappearances reportedly committed by the military.
Lawyer Harry Roque of CenterLaw, counsel for Diamante, hailed the High Court’s order, noting that this was “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).”
Upon receipt of the order, Roque filed a motion for Gadian to seek temporary refuge with the Supreme Court in the absence of an accredited sanctuary.
The Philippine Navy said they will abide by the Supreme Court’s decision to grant 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. 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 in a statement.
The Navy yesterday gave Gadian 48 hours or until Friday to surrender or be dropped from the roll.
Gadian was deputy of the Civil-Military Operations for the RP-US Balikatan exercise held in Zamboanga from 2002 to 2007, and has gone into hiding, fearing her life was in danger after she expressed her wish to expose the corruption inside the AFP.
Download documents here:
- Supreme Court order on writ of amparo for Lt. Nancy Gadian
- Urgent motion for sanctuary in court premises