ACT appeals dismissal of case vs PNP profiling

The Alliance of Concerned Teachers has asked the Court of Appeals to reconsider its ruling that dismissed, on technicality, the group’s petition to stop the Philippine National Police from profiling and obtaining the list of its member-teachers in public and private schools.

In its motion for reconsideration, ACT pointed out that the Supreme Court in many cases has relaxed procedural rules to serve substantial justice on matters of life, liberty, honor, or property, if there are compelling circumstances, and if the procedural lapses are not entirely attributable to the party.

“Time still remains of the essence as teachers continue to be subjected to the nefarious consequences of being profiled as ACT members. The Court, therefore, must heed the relief they are seeking to prevent further and worse harm to their persons and organization brought by the assailed profiling,” it said.

Last February, the CA dismissed outright ACT’s petition on four technical grounds:

1.  “The Petition is not accompanied by certified true copies of the various assailed PNP Memoranda, in violation of Rule 65, Section 2, Rules of Court in relation to Rule 46, Section 3, Rules of Court.
2. “The Petition does not indicate the material dates when the petitioners (ACT) received the various assailed PNP Memoranda, in violation of Rule 46, Section 3, of the Rules of Court.
3. “The Petition does not indicate the current date of issuance of the IBP (Integrated Bar of the Philippines) Membership Number of the petitioners’ counsel, in violation of Bar Matter No. 287 dated 26 September 2000.
4. “The Petition does not indicate the current date of issuance of the Professional Tax Number (PTR) of the petitioners’ counsel, in violation of Bar Matter No. 1132 dated 12 November 2002.”

However, ACT told the CA that it failed to attach certified true copies of the PNP memoranda because the PNP itself has publicly denied their existence.

It pointed out that it requested copies of the documents from PNP chief Police Gen. Oscar Albayalde but their requests remained unheeded. (Rey Panaligan)