Bayan Muna has provided the full text of its petition asking the Supreme Court to order the pullout of soldiers in Metro Manila’s communities. The petition is scheduled to be filed today at 1 p.m.
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
MANILA
BAYAN MUNA, GABRIELA, KABATAAN,
SUARA BANGSAMORO, and ROBERTO
CORBES
Petitioners,
– versus – G.R. No. _______________
For: Certiorari, Prohibition and Mandamus
GEN. HERMOGENES ESPERON, in
his capacity as Chief of Staff,
Armed Forces of the Philippines,
GEN. BENJAMIN DOLORFINO, in his
capacity as AFP NCR Command,
Lt. ROEL COTILLON.
Respondents.
x —————————————————- x
URGENT PETITION FOR CERTIORARI
(WITH MANDAMUS TO ORDER THE AFP TO PULL OUT TROOPS
FROM THE NATIONAL CAPITAL REGION)
Warriors who fight wars have] values and skills [which] are not those of politicians and diplomats. They are those of a world apart, a very ancient world, which exists in parallel with the everyday world but does not belong to it. Both worlds change over time, and the warrior world adopts in step to the civilian. It follows it, however, at a distance. The distance can never be closed, for the culture of the warrior can never be that of civilization itself. . . .1[GUDANI VS. SENGA]
A protector of some people. This is what the Armed Forces of the Philippines is. Petitioners contend that the Respondents have further entrenched partisan politics within AFPs ranks by becoming tools of politicians vigorously campaigning against groups that do not share views with, that demand accountability from, that criticize the Executive Branch of Government. And the Armed Forces of the Philippines does this without even a semblance of finesse. Indeed it not only rabidly campaigns against petitioners Bayan Muna and others in the opposition, it has committed violent acts and threats against supporters and volunteers of petitioners. It was not enough that the AFP was charged with involvement in electoral fraud in the 2004 elections, the AFP wants to intervene again in the 2007 elections through voters education. The military must be stopped on its tracks immediately, not only to prevent their electioneering in the 2007 elections but also preempt their involvement in the crucial 2010 elections. Its generals must be discouraged from entertaining the notion that military participation in politics will go unheeded and unpunished.
The militarization of Metro-Manila is not just a threat to human rights. It is already injurious to the rights to association of political parties and a violation of the peoples right to suffrage. Petitioners are finding it difficult to continue participating in electoral politics under this condition.
Make no doubt that petitioners are more than willing to debate and participate in electoral politics. But it cannot do so when faced with such an insidious campaign clothe with the much abused presumption of regularity principle and illegally protected by official authority. As things stand the Armed Forces of the Philippines has not only supplanted the constitutional precepts of civilian supremacy over the military, the limited role of the military in civilian affairs, the parameters of martial and military rule in times of real crises more critically it has been acting so maliciously and malignantly against petitioners and their rightful interest in a free polity and society.
Eight hundred plus deaths have taken toll on the ranks of petitioners and many other unarmed and defenseless groups. Eight hundred plus have had their lives snuffed out. Eight hundred plus have lost their families, and families losing their loved ones. All because certain institutions do not have the heart and the brains to debate in the marketplace of ideas. And now this militarization in the urban areas.
2007 Elections
