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The Supreme Court has dismissed the appeal for amparo and habeas corpus filed by the parents of 19-year-old activist Alicia Jasper Lucena against the youth group Anakbayan.
The decision, drawn up by the Chief Justice Diosdado Peralta, was promulgated on September 15.
The high court ruled that the petition of Alicia’s parents, Francis and Relissa Lucena, for the issuance of a writ of amparo is not adequate and that the sentence for the issuance of a writ of habeas corpus is without merit.
The remedy of amparo is a remedy against extralegal killings and enforced disappearances, while the writ of habeas corpus is used to bring a prisoner or detainee before the court to determine whether the imprisonment or detention of the person is lawful.
The Supreme Court held that the remedy of amparo, in its current formulation, is limited only to cases of extra-legal executions or forced disappearances and threats thereof.
In the case of the bar, he said that there is not much problem that Lucena is not missing, so her situation does not qualify as a real or threatened enforced disappearance or as an extralegal homicide.
On the issue of the writ of habeas corpus, the higher court held that the court’s regulations provide for the appeal as a remedy applicable to cases of illegal detention in which a person is deprived of his liberty.
It indicated that Lucena did not appear to be deprived of liberty or that the petitioners had been excluded from their legitimate custody of her person.
The petitioners did not argue that Lucena is being detained or that the Anakbayan is being held against her will.
He also pointed out that Lucena is 18 years old, the age of majority, so he has the right to make independent decisions regarding the places where he wishes to stay, as well as his choice of company.
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