Raymart, Claudine to appeal junking of amparo petition

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InterAksyon.com
The online news portal of TV5

MANILA, Philippines -- Showbiz couple Raymart Santiago and Claudine Barretto will appeal a court order dismissing their petition for a writ of amparo against brothers Raffy, Ben and Erwin Tulfo, who host TV5’s “T3.”

The couple's lawyer Alex Avisado said the temporary protection order against the Tulfo brothers issued in May by a retired Quezon City judge remains in effect until the Santiagos' motion for reconsideration is resolved.

Avisado issued the statement after last week’s dismissal of their petition for a writ of amparo by a Quezon City court.

Judge Maria Filomena Singh of Regional Trial Court Branch 219 junked the pleading, saying the writ applies only to victims of extrajudicial executions and other human rights violations perpetrated by the state.

Avisado said their appeal would be based on the grounds that the motion to dismiss filed by Erwin's lawyer Nelson Borja was a "prohibited pleading."

"We will question the court's ruling that a writ of amparo can only be availed of by victims of human rights abuses and forced disappearances," he said.

Avisado said he disagreed with the argument that since his clients are not victims of a human rights violation, they are not entitled to relief through the writ.

"The writ of amparo is a legal remedy available to those who seek freedom from fear," he added.

The Quezon City court, in dismissing the petition for a writ of amparo, also dissolved the TPO issued by retired judge Bayani Vargas last May.

The Santiagos sought court protection after the Tulfo brothers aired threats against them on their program a day after their older brother, Ramon, figured in an airport brawl with the celebrity couple.

"We would like to thank the previous judge, however, for granting us the relief of temporary protection which helped our clients move on with their normal lives," Avisado said.

But Avisado acknowledged that, since there is not much prevailing jurisprudence, he expects their appeal to reach the Supreme Court.

InterAksyon.com is the online news portal of TV5.

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