The unilateral deployment of troops is a
violation of the Constitution and
the Omnibus Election Code
The COMELEC was not pretending when it expressed surprise when informed of the deployment of troops in the National Capital Region. The deployment was without coordination, much less sanction, from the electoral body. Considering that troop deployments require COMELEC approval, especially in the light of charges that these troops conduct partisan political activity, the current deployment violates the omnibus election code and various election rules, including the Memorandum of Agreement signed between the Comelec and the AFP.
CONCLUSION AND PRAYER
Since the deployment of troops is a violation of the Constitution, threatens the will of the voters and injurious to the rights of Petitioners, it is respectfully prayed that this Honorable Court immediately order the complete pull out of the troops deployed in the NCR, pending the resolution of herein petition, considering that the injury sustained by petitioners irreparably increases as election day nears. The justification for the deployment, civilian-military activities or training, and even stamping out rebellion do not constitute a life threatening situation, and therefore, Petitioners pray that this Honorable Court order their complete pull out pending the resolution of this Petition. The AFP can always return after the election to conduct civilian-military activities or training or investigate reported presence of rebels should this Honorable Court rule adversely against the Petitioners.
WHEREFORE, petitioners respectfully pray that this Honorable Court:
1. NULLIFY the Respondents Order deploying troops in the National Capital Region, and ORDER the complete pullout from the barangays of the National Capital Region of all the soldiers of the Armed Forces of the Philippines troops deployed thereat and issue a PERMANENT INJUNCTION prohibiting Respondents from unilaterally deploying troops in the National Capital Region without strictly complying with the Constitution.
2. PENDING the resolution of this Petition, the Honorable Court IMMEDIATELY ORDER Respondents to pull out their troops within twenty four hours from notice.
Other forms of relief just and equitable are also prayed for.
NERI JAVIER COLMENARES
Counsel for Petitioners
PTR NO. 7154810; 2/20/07; Q.C.
IBP NO. 676020; 2/21/07; Antique
Roll No. 43060
Erythrina Building,
No. 1 Matatag cor Maaralin Sts.
Bgy. Central District, Quezon City
COPY FURNISHED
1. Gen. Hermogenes Esperon
Chief of Staff (AFP)
Office of the Chief of Staff
Camp Aguinaldo, Quezon City
2. Gen. Benjamin Dolorfino
Office of the Commander
NCR Command
Armed Forces of the Philippines
3. Lt. Roel Cotillon
c/o Barangay Hall, Bgy. Payatas
Quezon City
4. Office of the Solicitor General
Amorsolo St. Makati City
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2007 Elections
