The Court of Appeals in Cebu City yesterday denied the twin petitions for a Writ of Amparo filed by the wives of two farmers who were allegedly illegally arrested early this year by the military for being members of the underground movement in Negros Oriental.

The decisions were read at a press conference in Cebu City yesterday afternoon by Associate Clerk of Court Attorney Joseph Stephen Ignacio.

The resolutions came 10 days after the May 22 hearing of the petition filed by Rosalia Yanoc and the May 23 hearing of a similar petition filed by Carmen Arante.

Both are asking the respondents, to include the 61st Infantry Battalion of the Philippine Army, to produce the living bodies of Reynaldo Carillo, the first husband of Rosalia Yanoc, and Flaviano Arante, husband of Carmen.

Yanoc claimed 61st IB soldiers took Carillo in December 7, 2007 from Sitio Avocado, Barangay Talalak in Sta. Catalina, Negros Oriental, under suspicion that he is a member of the New People’s Army.

Carmen Arante is also asking them to produce the living body of her husband, Flaviano Arante, who, she claimed, was abducted by Army soldiers from their residence in Nagbinlod, Sta. Catalina on January 25, 2008.

Earlier, the petitions filed in Cebu City, with the aid of the militant group Karapatan-Central Visayas, named as respondents President Gloria Macapagal Arroyo, being the commander-in-chief of the Armed Forces; chief of staff Gen. Hermogenes Esperon; Lt Gen Victor Brado, commanding officer of the AFP Central Command; Lt Col Romeo BAsco, 61st IB commanding officer; 2Lt Pututan of the Bravo Coy 61stIB, 1Lt Rodrigo Jimena and army regulars Jake Dequit and Santos.

Before the arrival of the 79th IB in Negros Oriental, the 61st IB's area of operations covered most parts of the province.

Lt. Col. Romeo Basco, commander of the 61st IB, had earlier denied taking Arante by force, saying the latter was simply invited for questioning and that he returned home later.

Arante also admitted being a member of the NPA guerilla front operating in southern Negros Oriental, and acting as a courier for the rebels until he had to lie low in recent months due to "old age", Basco added.

In denying the petitions, the Court of Appeals' 20th Division said Yanoc and Arante failed to present a burden of proof for their claims.

The court also noted the length of time it took Yanoc to file a complaint.

The petitioners are given five days from receipt of a copy of the appellate court's decision to appeal their case with the Supreme Court.*JG

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