The court is cognizant of the evidentiary

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The Court is cognizant of the evidentiary difficulties attendant to a petition for the issuance of the writs. Unlike, however, the unique nature of cases involving enforced disappearances or extra-judicial killings that calls for flexibility in considering the gamut of evidence presented by the parties, this case sets a different scenario and a significant portion of the petitioner’s testimony could have been easily corroborated. In his Sinumpaang Salaysay dated March 5, 2008 and the Fact Sheet dated December 9, 2007 executed before the Alliance for the Advancement of People’s Rights -Southern Tagalog (KARAPATAN-ST), the petitioner stated that when he was invited and interrogated at the military camp in Naujan, Oriental Mindoro, he brought with him his uncle Norberto Roxas, Barangay Captain Mario Ilagan and two of his bodyguards, and Edwardo Estabillo five witnesses who can attest and easily corroborate his statement but curiously, the petitioner did not present any piece of evidence, whether documentary or testimonial, to buttress such claim nor did he give any reason for their non-presentation. This could have made a difference in light of the denials made by the respondents as regards the petitioner’s claims. The existence of an order of battle and inclusion of the petitioner’s name in it is another allegation by the petitioner that does not find support on the evidence adduced. Moreover, the evidence showed that the petitioner’s mobility was never curtailed. From the time he was allegedly brought to Batangas in August of 2007 until the time he sought the assistance of KARAPATAN-ST, there was no restraint upon the petitioner to go home, as in fact, he went home to Mindoro on several instances. And while he may have been wary of Pvt. Osio’s presence at the pier , there was no claim by the petitioner that he was threatened or prevented by Pvt. Osio from boarding any vehicle that may transport him back home. The petitioner also admitted that he had a mobile phone; hence, he had unhampered access to communication and can readily seek assistance from non- governmental organizations and even government agencies. The respondents also belied the petitioner’s claim that they forced him to become a military informant and instead, alleged that it was the petitioner who volunteered to be one. Thus, in his Sinumpaang Salaysay executed on March 25, 2008, Pvt. Osio admitted that he actually knew the petitioner way back in 1998 when they were still students. He also stated that when he saw the petitioner again in 2007, the latter manifested his intention to become a military informant in exchange for financial and other forms of assistance. The petitioner also harps on the alleged "monitoring" activities being conducted by a certain "Joel", e.g., the latter’s alleged act of following him, pretending to peddle pandesal and asking him about his personal circumstances. Such allegation by the petitioner, however, is, at best, a conclusion on his part, a mere impression that the petitioner
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  • Winter '15
  • Atty. Ignacio
  • Candide

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