(Supreme Court of the Philippines}
MANILA, June 24 (Mabuhay) — The Supreme Court has ruled that a Korean fugitive wanted for stealing $200 million is not entitled to protection under the writ of amparo.
In an en banc session, the SC even ordered the filing of administrative charges against Manila Judge Paulino Gallegos of the Regional Trial Court Branch 47 for granting Ja Hoon Ku’s amparo request.
In its ruling, the SC said the elements for an enforced disappearance under Republic Act 9851 were not present in Ku’s case, meaning he is not entitled to the writ of amparo.
A writ of amparo is a remedy available to any person whose right to life, liberty, and security is violated or threatened with violation by an unlawful act or omission.
While Ku was arrested by Immigration agents, there was no attempt to conceal where he was nor was there a refusal to acknowledge such arrest or his whereabouts, the SC pointed out.
“There was no attempt to remove Ku from the protection of the law for a prolonged period of time. That Ku’s counsel was able to enter an appearance on his behalf the day after he was arrested demonstrates this clearly,” it said.
In seeking protection, Ku, a contractor of Iglesia ni Cristo’s Philippine Arena, claimed he is fearing for his life while under detention at the Bureau of Immigration (BI).
The SC, however, said there was no basis presented by Ku to substantiate his fears.
“This does not satisfy the burden required by the Rules of the Writ of Amparo, which places the burden on petitioner to substantiate his claims,” it said.
The SC said Gallegos’ grant of amparo privileges to Ku was “improper… as the alleged threats to his life, liberty and security were unfounded and unsubstantiated.” It also emphasized that Ku’s case cannot be categorized as an enforced disappearance.
The International Criminal Police (INTERPOL) of South Korea, on December 23, 2013, requested assistance from INTERPOL Manila to locate and deport Ku for arbitrarily spending money allotted as reserve fund of Phildip-Korea Co. Ltd.
Ku’s visa expired in January 2014. The Bureau of Immigration, on January 16, 2014, issued a summary deportation order against him for being a “risk to public interest” and an undesirable alien.
The Korean was eventually arrested and detained at the BI detention center. His passport was also voided.
Ku then filed a writ of amparo with Judge Gallegos’ sala, which granted the request for being sufficient in form and substance. Gallegos later issued a temporary restraining order entrusting Ku’s custody to the Philippine National Red Cross or its chairman, former Senator Richard Gordon, as well as directed the Philippine National Police to protect Ku and his immediate family.
On January 29, 2014, Gallegos issued a second order directing the transfer and protection of Ku to the PNP. Immigration chief Siegfred Mison challenged the RTC order before the Supreme Court, which issued a temporary restraining order, stopping Gallegos from further proceeding with the case and directing the BI to retain custody of Ku.
Despite the SC order, Gallegos on February 28, 2014, denied a motion from Mison to dismiss his order for the transfer and protection of Ku to the PNP.
In its resolution, the SC said Gallegos knowingly disregarded the Court’s directive regarding the case.
“[The SC order] should have alerted Judge Gallegos to proceed with caution and restraint in granting the privilege of the writ of amparo. And yet despite having knowledge of the court’s pronouncement, Judge Gallegos proceeded to grant said privilege,” the high court said.
The SC said it resolutions should not be construed as mere requests and should be complied with promptly and completely.
“Judge Gallegos should know that judges must respect the orders and decisions of higher tribunals, especially the Supreme Court from which all other courts take their hearings,” the SC said, adding its resolutions should not be complied with partially, inadequately or selectively.
“When the judge himself becomesthe transgressor of the law… he places his office in disrepute, encourages disrespect for the law and impairs public confidence in the integrity of the judiciary itself,” the SC said.
The SC also said Ku committed forum shopping when he injudiciously filed petitions for the issuance of a writ of amparo, a remedy which he had already solicited from another tribunal.
Three days before Gallegos had dismissed Mison’s motion to dismiss, or on February 25, 2014, Ku had filed an appeal memorandum on his deportation before the Office of the President, which granted Ku’s provisional liberty a month later, in March 2014.
His temporary liberty was only until August 31, 2014 or until his appeal has been resolved, whichever comes first, the OP said.
The SC directed the Office of the Court Administrator to file charges against Gallegos “in accordance with the tenor of this decision and to forthwith submit to the court its report and recommendation thereon.”(MNS)