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CA decides vs. issuing temporary protection order to NUPL

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The Court of Appeals (CA) has decided to no longer issue a temporary restraining order (TPO) in favor of the National Union of People’s Lawyers (NUPL) against government threats.

In its resolution, the CA reminded “the Supreme Court already issued a writ of amparo in its May 3, 2019 Resolution.”

“Thus, given the Supreme Court’s issuance of the privilege of the writ of amparo, there is no need to issue a TPO independently of the former,” read the CA ruling.

“We need not overemphasize that the writ of amparo serves both preventive and curative purposes,” it added.

The appelate court explained it becomes preventive “when it seeks to end the impunity of committing offenses that violates a person’s right to live and be free.”

Last May 3, the SC granted the petition of NUPL to issue writs of amparo and habeas data against the government.

In the same order, the SC directed the Court of Appeals (CA) to conduct hearings over the NUPL’s petition.

In its petition, the NUPL sought the protection order which would prevent Duterte, the police and the military from threatening and harming NUPL members.

“The present Duterte administration has shown open disdain for human rights activists and lawyers,” the NUPL lamented in its petition.

The NUPL cited that Armed Forces of the Philippines (AFP) deputy chief of staff Brigadier General Antonio Parlade Jr. Has already publicly described the NUPL aspart of the “international network of the Communist Party of the Philippines and the New People’s Army.”

A writ of amparo is sought by persons whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

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