CA junks ACT petition vs. profiling

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Teachers protest police profiling of ACT members. (ACT)

The bid of the Alliance of Concerned Teachers (ACT) to stop the profiling by police of their members both from public and private schools was junked by the Court of Appeals (CA).

In a four-page resolution, the CA 11th Division dismissed the petition ACT national chairperson Joselyn Martirez and secretary general Raymond Basilio filed last month on grounds of technicality.

It said the petitioners failed to submit certified true copies of the assailed memoranda issued by the Philippine National Police’s intelligence units.

The petition, according to the appellate court, also failed to meet the requirement under Rule 65, Section 2 in relation to Rule 46, Section 3 of the Rules of Court. The rules require that “the petition shall likewise be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto.”

The failure of the teachers group to state material dates in their petition, specifically the dates when the petitioners received the various assailed PNP memoranda was cited by the CA.

Also, the petition did not include the “current date of issuance of the IBP Membership Number of the petitioners’ counsel” and “the current date of issuance of the Professional Tax Number (“PTR”) of the petitioners’ counsel” in violation to Bar Matter Number 287 dated 26 September 2000 and Bar Matter Number 1132 dated 12 November 2002, respectively.

Due to the said technical reasons the petition was dismissed by the CA without even asking the respondents led by PNP chief Director General Oscar Albayalde and Department of Interior and Local Government Secretary Eduardo Año to answer and submit their comments.

The ruling was penned by CA Associate Justice Nina Antonio-Valenzuela and concurred by Associate Justices Ricardo Rosario and Perpetua Atal-Pano.

In their petition, the ACT officers and members sought issuance of a writ of preliminary injunction or temporary restraining order stopping the implementation of the PNP memoranda ordering its members to conduct an inventory of all teachers who belong to ACT.

p: wjg

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