Court clears NTF-ELCAC in key ruling

The National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) celebrated a significant legal victory on Monday after the Court of Appeals (CA) dismissed the petition for writ of amparo and habeas data filed by Jonila Castro and Jhed Tamano, who were linked to a communist front posing as environmental community organizers.

At a press conference held at Camp Crame, Assistant Director General Jonathan Malaya hailed the court’s decision as a victory for truth and justice, countering what he described as a smear campaign against NTF-ELCAC by communist insurgents.

“The Court of Appeals’ decision vindicates NTF-ELCAC and myself personally, as this case was clearly baseless and intended for harassment,” Malaya stated.

The CA’s Former Special Eighth Division denied the petitions, citing insufficient evidence.

The 55-page decision, dated 2 August 2024, found that Castro and Tamano failed to demonstrate an imminent or ongoing threat to their rights, a prerequisite for issuing the writs.

Undersecretary Ernesto Torres Jr., Executive Director of NTF-ELCAC National Secretariat, praised the Legal Cooperation Cluster, led by the Office of the Solicitor General, for their role in this legal success against the Communist Party of the Philippines-New People’s Army-National Democratic Front. “This is a win for the Filipino people against local terrorism,” Torres said.

The CA also rejected the petitioners’ claims of abduction and enforced disappearance by state actors, noting their failure to identify any government-affiliated individuals as perpetrators. The court deemed their broad request for information from the respondents as excessive, leading to the petition’s denial.

In response to the ruling, Malaya warned the communist terrorist group handlers of Castro and Tamano to cease their attempts to radicalize students. “The militant left tried to demonize NTF-ELCAC and use this case to call for its abolition, but it backfired,” Malaya said.