The National Security Council (NSC) said it welcomes the Court of Appeals decision dismissing the petition for Writ of Amparo and Writ of Habeas Data filed by Jonila Castro and Jhed Tamano against the National Task Force to End Local Communist Armed Conflict (NTF ELCAC), Philippine Army, Philippine National Police, and its officials including Asst. Director General Jonathan Malaya of the NSC.
“This decision is an unequivocal vindication for the National Task Force to End Local Communist Armed Conflict (NTF ELCAC) and its officials and clearly exposes this case as a mere harassment and baseless case against the task force,” said National Security Adviser Eduardo M. Año.
In a press conference on Monday, Malaya expressed his gratitude for the Court’s ruling and reaffirmed the NTF ELCAC’s unwavering commitment to its mission. He asserted that the ruling is a decisive affirmation of both the NTF ELCAC as an organization and himself personally.
“Using this case, the militant left and all their allied organizations have attempted to demonize the NTF ELCAC and use it as another excuse to call for its abolition both in the court of law and in the court of public opinion. They attempted to use our laws to intimidate, scare, and silence us by filing cases in the courts,” Malaya said.
“But all of these backfired on them. After a long and extensive hearing where witnesses were heard and evidence presented from both sides, the Court of Appeals completely dismissed the petition for the issuance of a Writ of Amparo and Writ of Habeas Data against the NTF ELCAC, Col. De la Cruz, Captain Buco, and myself. We have been vindicated,” he added.
In a 55-page decision dated August 2, 2024, the Former Special Eight Division of the Court of Appeals dismissed the petitions, citing a lack of substantial evidence from the petitioners to establish their entitlement to the writs sought.
Malaya also underscored that the court’s decision affirmed that the statements he made during his ABS-CBN Headstart interview were solely intended to disclose the circumstances surrounding the petitioners’ surrender to government forces and did not in any way threaten their right to life, security, or even privacy.
“When I made that statement on ABS-CBN, I meant that I will reveal to the public the circumstances behind their surrender to government forces, which is exactly what I did. Nothing more, nothing less. Therefore, what I said never threatened the life, liberty, security, or privacy of Jhed and Jonila, and I am glad that the Court of Appeals saw through the smoke and mirrors employed by the other side.”
He extended his appreciation to the Former Special Eight Division of the Court of Appeals for upholding justice and to the Office of the Solicitor General for its support throughout the legal process.
“Indeed, truth and justice will prevail in the end. And no amount of propaganda or character assassination can ever defeat the truth,” Malaya said. “We will march on until we have swept the scourge of communist terrorism in the country,” he added.
