In a four-page resolution dated February 4, the 11th division of the appellate court dismissed the petition filed by the Alliance of Concerned Teachers (ACT).
The CA cited shortcomings in the petition, including ACT's failure to include certified true copies of the memoranda supposedly issued by the PNP's intelligence units.
CA Associate Justices Ricardo Rosario, Nina Antonio-Valenzuela and Perpetua Atal-Pano explained that the petition failed to meet the requirement under Rule 65, Section 2 in relation to Rule 46, Section 3 of the Rules of Court. These 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 court also cited the failure of ACT to state material dates in their petition, specifically the dates when the petitioners received the various assailed PNP memoranda.
It stressed that the petition likewise 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 Sept. 26, 2000 and Bar Matter Number 1132 dated Nov. 12, 2002, respectively.
PNP chief, Director General Oscar Albayalde and Department of the Interior and Local Government Secretary Eduardo Año were no longer asked to answer the suit.
In their petition, ACT officers and members sought issuance of a writ of preliminary injunction or temporary restraining order stopping the implementation of the memoranda issued by the PNP ordering its members to conduct an inventory of all teachers who belong to ACT.
The teachers' group argues that the PNP's action violated their constitutional right to association, right to assembly and to petition the government for redress of grievances, right to privacy, freedom of expression and right to protection to labor.
It told the CA that there has already been a "chilling effect" to their members.
ACT also claimed that the PNP order violates Republic Act 10173 (Data Privacy Act), which safeguards right to privacy of every individual.