To ones right to life liberty and security by

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to one’s right to life, liberty and security by substantial evidence. The statement of Representative Ocampo that the respondents are the real source of the OB List from an unnamed source merely described as ‘’a conscientious soldier,’’ he had no personal knowledge concerning its preparation. But even if the Court were to apply the appropriate measure of flexibility in the instant cases by admitting the hearsay testimony of Representative Ocampo, a consideration of this piece of evidence to the totality of those adduced, namely, the Press Release issued by the 10th ID admitting the existence of a military-prepared Order to Battle, the affidavits of petitioners attesting to the threatening visits and tiling of their vehicles be menacing strangers, as well as the violent deaths of alleged militant personalities, lead to the conclusion that the threat to petitioners security has not be adequately proven. Petitioners sought to prove that the inclusion of their names in the OB List presented a real threat to their security by attributing the violent deaths of known activist Celso Pojas, Ludenio Monzon and Dr. Rogelio Penera to the inclusion of the latter’s names or the names of their militant organizations in the subject OB List. Petitioner Atty. Librado- Trinidad even attributed the alleged tailing of her /vehicle by motorcycle-riding men and the attempted entry by suspicious men into her home to the inclusion name in the OB List. The RTC, however, correctly dismissed both arguments, holding that the existence of the OB List could not be directly associated /with the menacing behavior of the suspicious men or the violent deaths of certain personalities. The court holds that the imputed pattern of targeting militants for execution by way systematically identifying and listing them in an Order of Battle cannot be inferred simply from the Press Release admitting the existence of a military document known as an Order of Battle and the fact that activists Celso Pojas, Ludenio Monzon and Dr. Rogelio Penerato have become supposed victims of extralegal killings. The adduced evidence tends to bear strongly against the proposition because, except for Celso Pojas, the names of the supposed of the extrajudicial killings are manifestly absent in the subject OB List and the supposes connection of the victims to the militant groups explicitly identified in the OB List is nothing short of nebulous. Moreover, while respondents may have admitted through various statements to the media the military has its own Order of Battle, such an admission is not equivalent to proof that the subject OB List, which was publicly disclosed by Representative Ocampo by way of a PowerPoint presentation, is one and the same with the Order of Battle that the military has in its keeping. And, assuming that the Press Release do not amount to an admission not only of the existence but also the authenticity of the subject OB List, the inclusion of petitioners’ names therein does
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  • Winter '15
  • Atty. Ignacio
  • Candide

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