Secretary of NatDes vs Manalo.docx

8/9/2019 Secretary of NatDes vs Manalo.docx

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Happy Valentines Day! -From people who must not be named.

EN BANC

.". No. #$%&%'. ()tober *+ ,%%$.

HE /EC"EA"0 (F NA1(NA2 DEFEN/E+ HE CH1EF (F /AFF+ A"3ED F("CE/ (FHE 4H121441NE/+ petitioners+ 5s. "A03(ND 3ANA2( and "E0NA2D( 3ANA2(+

respondents.

D E C 1 / 1 ( N

46N(+ C.7 p8

9hile 5i)tims o: en:or)ed disappearan)es are separated :rom the rest o: the world

behind se)ret walls+ they are not separated :rom the )onstitutional prote)tion o:

their basi) ri;hts. he )onstitution is an o5erar)hin; s? o: the "ules o: Court in

relation to /e)tion #& # o: the "ule on the 9rit o: Amparo+ see+ ,%%*. Forthwith+ therein petitioners =led a 3ani:estation

and (mnibus 3otion to reat EKistin; 4etition as Amparo 4etition+ to Admit

/upportin; Ada5its+ and to rant 1nterim and Final Amparo "elie:s. hey prayed


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that8 # the petition be )onsidered a 4etition :or the 9rit o: Amparo under /e). ,'

' o: the Amparo "uleJ , the Court issue the writ )ommandin; therein respondents

to ma the Court+ a:ter hearin;+ render ud;ment as re@uired in /e).#$ * o: the Amparo "uleJ and ? all other ust and e@uitable relie:s. $ )DCaHA

(n ()tober ,?+ ,%%*+ the Court resol5ed to treat the Au;ust ,+ ,%%* 4etition as a

petition under the Amparo "ule and :urther resol5ed+ 5iI.8

9HE"EF("E+ let a 9"1 (F A34A"( be issued to respondents re@uirin; them to =le

with the CA Court o: Appeals a 5eri=ed written return within =5e ? wor


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Hen)e+ this appeal. 1n resol5in; this appeal+ we =rst un:url the :a)ts as alle;ed by

herein respondents8

"espondent "aymond 3analo re)ounted that about one or two wee+ ,%%'+ se5eral uni:ormed and armed soldiers and members o: the

CAF6 summoned to a meetin; all the residents o: their baran;ay in /an 1del:onso+Bula)an. "espondents were not able to attend as they were not in:ormed o: the

;atherin;+ but "aymond saw some o: the soldiers when he passed by the baran;ay

hall. ## 1E/CA

(n February #>+ ,%%'+ "aymond was sleepin; in their house in Buhol na 3an;;a+

/an 1lde:onso+ Bula)an. At past noon+ se5eral armed soldiers wearin; white shirts+

:ati;ue pants and army boots+ entered their house and roused him. hey as


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o: the New 4eopleMs Army. Ea)h time he said he was not+ he was hit with the butt o:

their ;uns. He was @uestioned where his )omrades were+ how many soldiers he had

? pistol+ pun)hed

him on the mouth+ and burnt some parts o: his body with a burnin; wood. 9hen he

)ould no lon;er endure the torture and )ould hardly breathe+ they stopped. hey

then sube)ted "eynaldo to the same ordeal in another room. Be:ore their torturers

le:t+ they warned "aymond that they would )ome ba)< the neKt day and


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N;ayon na /a1C)

A:ter about three months in /apan;+ "aymond was brou;ht to Camp e)son under

the ,>th 1n:antry Battalion. He was :et)hed by three unidenti=ed men in a bi; white


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5ehi)le. E:ren went with them. "aymond was then blind:olded. A:ter a %-minute

ride+ his blind:old was remo5ed. Chains were put on him and he was th 1n:antry Battalion in 2imay+ Bataan. here were

many huts in the )amp. hey stayed in that )amp until 3ay $+ ,%%*. /ome soldiers

o: the battalion stayed with them. 9hile there+ battalion soldiers whom "aymond


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be)ause he had a son who was a member o: the N4A and he )oddled N4A members

in his house. >% Another time+ in another (peration 2ubo;+ "aymond was brou;ht

to Baran;ay (rion in a house where N4A men stayed. 9hen they arri5ed+ only the

old man o: the house who was si)< was there. hey spared him and


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sasa


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>? )aliber pistol+ "eynaldo was hit on the ba)< and pun)hed in the :a)e until he

)ould no lon;er bear the pain.

At one point durin; their detention+ when "aymond and "eynaldo were in /apan;+

"eynaldo was separated :rom "aymond and brou;ht to 4inaud by "iIal Hilario. He

was ' AE1)/a

Dr. Benito 3olino+ 3.D.+ )orroborated the a))ounts o: respondents "aymond and"eynaldo 3analo. Dr. 3olino spe)ialiIed in :orensi) medi)ine and was )onne)ted

with the 3edi)al A)tion roup+ an or;aniIation handlin; )ases o: human ri;hts

5iolations+ parti)ularly )ases where torture was in5ol5ed. He was re@uested by an

N( to )ondu)t medi)al eKaminations on the respondents a:ter their es)ape. He

=rst as*

4etitioners dispute respondentsM a))ount o: their alle;ed abdu)tion and torture. 1n

)omplian)e with the ()tober ,?+ ,%%* "esolution o: the Court+ they =led a "eturn o:

the 9rit o: Amparo admittin; the abdu)tion but denyin; any in5ol5ement therein+

5iI.8 )1E/a

#. 4etitioners "aymond and "eynaldo 3analo were not at any time arrested+

:or)ibly abdu)ted+ detained+ held in)ommuni)ado+ disappeared or under the )ustody

by the military. his is a settled issue laid to rest in the habeas )orpus )ase =led in

their behal: by petitionersM parents be:ore the Court o: Appeals in C.A.-.". /4 No.

&>># a;ainst 3G/;t. "iIal Hilario a


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4hilippine Army+ and on /eptember #&+ ,%%'+ 3a. si) 7o5ito /. 4alparan+ then

Commandin; eneral+ *th 1n:antry Di5ision+ 4hilippine Army+ stationed at Fort

3a;saysay+ 4alayan City+ Nue5a E)ia+ upon a =ndin; that no e5iden)e was

introdu)ed to establish their personal in5ol5ement in the ta$ H1aC)

Atta)hed to the "eturn o: the 9rit was the ada5it o: therein respondent herein

petitioner /e)retary o: National De:ense+ whi)h attested that he assumed o)e

only on Au;ust $+ ,%%* and was thus unaware o: the 3analo brothersM alle;ed

abdu)tion. He also )laimed that8

*. he /e)retary o: National De:ense does not en;a;e in a)tual military

dire)tional operations+ neither does he underta


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herein respondent AF4 Chie: o: /ta also submitted his own ada5it+ atta)hed to

the "eturn o: the 9rit+ attestin; that he re)ei5ed the abo5e dire)ti5e o: therein

respondent /e)retary o: National De:ense and that a)tin; on this dire)ti5e+ he did

the :ollowin;8

.#. As )urrently desi;nated Chie: o: /ta+ Armed For)es o: the 4hilippines AF4+ 1ha5e )aused to be issued dire)ti5e to the units o: the AF4 :or the purpose o:

establishin; the )ir)umstan)es o: the alle;ed disappearan)e and the re)ent

reappearan)e o: the petitioners.

.,. 1 ha5e )aused the immediate in5esti;ation and submission o: the result

thereo: to Hi;her head@uarters andGor dire)t the immediate )ondu)t o: the

in5esti;ation on the matter by the )on)erned unitGs+ dispat)hin; "adio 3essa;e on

No5ember %?+ ,%%*+ addressed to the Commandin; eneral+ 4hilippine Army 1n:o8

C(3N(2C(3+ C+ *#D 4A and C( ,> 1B 4A. A Copy o: the "adio 3essa;e is

atta)hed as ANNET o: this Ada5it. /a)CH

.. 9e underta. A parallel in5esti;ation has been dire)ted to the same units relati5e to

another 4etition :or the 9rit o: Amparo .". No. #*&&&> =led at the instan)e o:

relati5es o: a )ertain Cadapan and EmpeQo pendin; be:ore the /upreme Court.

.?. (n the part o: the Armed For)es+ this respondent will eKert earnest eorts to

establish the surroundin; )ir)umstan)es o: the disappearan)es o: the petitioners

and to brin; those responsible+ in)ludin; any military personnel i: shown to ha5e

parti)ipated or had )ompli)ity in the )ommission o: the )omplained a)ts+ to the bar

o: usti)e+ when warranted by the =ndin;s and the )ompetent e5iden)e that may be

;athered in the pro)ess. ?% H)aAE

Also atta)hed to the "eturn o: the 9rit was the ada5it o: 2t. Col. Felipe Anontado+

1NF /C 4A+ earlier =led in .". No. #*&&&>+ another amparo )ase in this Court+

in5ol5in; Cadapan+ EmpeQo and 3erino+ whi)h a5erred amon; others+ 5iI.8

#% 6pon readin; the alle;ations in the 4etition impli)atin; the ,>th 1n:antry

Batallion deta)hment as detention area+ 1 immediately went to the ,>th 1B

deta)hment in 2imay+ Bataan and :ound no untoward in)idents in the area nor any

detainees by the name o: /herlyn Cadapan+ aren EmpeQo and 3anuel 3erino

bein; held )apti5eJ

## here was neither any reports o: any death o: 3anuel 3erino in the ,>th 1B in

2imay+ BataanJ


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#, A:ter ;oin; to the ,>th 1B in 2imay+ Bataan+ we made :urther in@uiries with

the 4hilippine National 4oli)e+ 2imay+ Bataan re;ardin; the alle;ed detentions or

deaths and were in:ormed that none was reported to their ;ood o)eJ DA)Ca

# 1 also dire)ted Company Commander #st 2t. "omeo 4ubli)o to in@uire into the

alle;ed bea)hhouse in 1ba+ Rambales also alle;ed to be a detention pla)e where/herlyn Cadapan+ aren EmpeQo and 3anuel 3erino were detained. As per the

in@uiry+ howe5er+ no su)h bea)hhouse was used as a detention pla)e :ound to ha5e

been used by armed men to detain Cadapan+ EmpeQo and 3erino. ?#

1t was eKplained in the "eturn o: the 9rit that :or la)< o: su)ient time+ the

ada5its o: 3a. en 7o5ito /. 4alparan "et.+ 3G/;t. "iIal Hilario a


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7imeneI was beside 2in;ad when the latter too< the statements. ' he siK persons

were not


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their pro5in)e. hat at the time o: the alle;ed abdu)tion o: the two , brothers and

:or a))usin; him to be one o: the suspe)ts+ he )laims that on February #>+ ,%%'+ he

was one o: those wor


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a))used+ he )laims that on #> February ,%%'+ he was in his residen)e at /itio

3uIon+ Br;y. Buhol na 3an;;a+ /an 1lde:onso+ Bula)an. hat he 5ehemently denied

any parti)ipation o: the alle;ed abdu)tion o: the two , brothers and learned only

about the in)ident when rumors rea)hed him by his barrio mates. He )laims that his

impli)ation is merely :abri)ated be)ause o: his relationship to "oman and 3aKimo

who are his brothers. /aEC1

: /worn statement o: 3i)hael dela CruI y Faustino dated ,& 3ay ,%%' in

EKhibit states that he is a resident o: /itio 3uIon+ Br;y. Buhol na 3an;;a+ /an

1lde:onso+ Bula)an+ the Chie: o: Br;y. anod and a CAF6 member based at Bia< na

Bato Deta)hment+ /an 3i;uel+ Bula)an. He )laims that he Feb ,%%' he was helpin; in the )onstru)tion o: their )on)rete

)hapel in their pla)e and he learned only about the in)ident whi)h is the abdu)tiono: "aymond and "eynaldo 3analo when one o: the Br;y. a;awad in the person o:

4ablo Cunanan in:ormed him about the matter. He )laims :urther that he is truly

inno)ent o: the alle;ation a;ainst him as bein; one o: the abdu)tors and he

)onsiders e5erythin; :abri)ated in order to destroy his name that remains loyal to

his ser5i)e to the ;o5ernment as a CAA member. D1aHE

1V. D1/C6//1(N

?. Based on the :ore;oin; statements o: respondents in this parti)ular )ase+ the

proo: o: lin February ,%%' at /itio 3uIon+ Br;y. Buhol na3an;;a+ /an 1lde:onso+ Bula)an+ is unsubstantiated. heir alle;ed in5ol5ement

thereto:ore to that in)ident is )onsidered doubt:ul+ hen)e+ no basis to indi)t them as

)har;ed in this in5esti;ation.

hou;h there are pre5ious ;rud;es between ea)h :amilies si) in the past to @uote8

the


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'. 4remises )onsidered surroundin; this )ase shows that the alle;ed )har;es o:

abdu)tion )ommitted by the abo5e named respondents has not been established in

this in5esti;ation. Hen)e+ it la)+ ,%%' 6N12 A66/

#,+ ,%%*. *% aD/AE1

he )ase at bar is the =rst de)ision on the appli)ation o: the "ule on the 9rit o:

Amparo Amparo "ule. 2et us hear


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perspe)ti5e on the issue o: eKtraudi)ial


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)onstitution by prote)tin; indi5idual ri;hts in parti)ular )ases+ but pre5ents them

:rom usin; this power to ma 9hat be;an as a prote)tion a;ainst a)ts or omissions o: publi) authorities in

5iolation o: )onstitutional ri;hts later e5ol5ed :or se5eral purposes8 # amparo

libertad :or the prote)tion o: personal :reedom+ e@ui5alent to the habeas )orpus

writJ , amparo )ontra leyes :or the udi)ial re5iew o: the )onstitutionality o:

statutesJ amparo )asa)ion :or the udi)ial re5iew o: the )onstitutionality and

le;ality o: a udi)ial de)isionJ > amparo administrati5o :or the udi)ial re5iew o:

administrati5e a)tionsJ and ? amparo a;rario :or the prote)tion o: peasantsM ri;hts

deri5ed :rom the a;rarian re:orm pro)ess. $? )1H/C

1n 2atin Ameri)an )ountries+ eK)ept Cuba+ the writ o: amparo has been

)onstitutionally adopted to prote)t a;ainst human ri;hts abuses espe)ially

)ommitted in )ountries under military untas. 1n ;eneral+ these )ountries adopted an

all-en)ompassin; writ to prote)t the whole ;amut o: )onstitutional ri;hts+ in)ludin;

so)io-e)onomi) ri;hts. $' (ther )ountries li


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o: human ri;hts abuses P oers a better remedy to eKtrale;al

1n del5in; into the 5era)ity o: the e5iden)e+ we need to mine and re=ne the ore o:

petitionersM )ause o: a)tion+ to determine whether the e5iden)e presented is metal-

stron; to satis:y the de;ree o: proo: re@uired.

/e)tion # o: the "ule on the 9rit o: Amparo pro5ides :or the :ollowin; )auses o:

a)tion+ 5iI.8 AaC)1

/e)tion #. 4etition. P he petition :or a writ o: amparo is a remedy a5ailable to

any person whose ri;ht to li:e+ liberty and se)urity is 5iolated or threatened with


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5iolation by an unlaw:ul a)t or omission o: a publi) o)ial or employee+ or o: a

pri5ate indi5idual or entity.

he writ shall )o5er eKtrale;al


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1lde:onso+ Bula)an+ and the brothers "andy 3endoIa and "udy 3endoIa+ also

CAF6 members+ ser5ed as loo+ ,%%'.

"aymond also attested that Hilario parti)ipated in subse@uent in)idents durin; the


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)apti5ity o: the petitioners+ one o: whi)h was when Hilario :et)hed them :rom Fort

3a;saysay on board a "e5o and )on5eyed them to a deta)hment in 4inaud+ /an

1lde:onso+ Bula)an where they were detained :or at least a wee< in a house o: stron;

materials EKhibit D+ rollo+ p. ,%? and then Hilario alon; with E:ren brou;ht them

to /apan;+ /an 3i;uel+ Bula)an on board the "e5o+ to an un=nished house inside

the )ompound o: apitan where they were


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in early No5ember #&$&. he CommissionMs =ndin;s o: :a)t were mostly based on

the )onsistent and )redible statements+ written and oral+ made by /ister (rtiI

re;ardin; her ordeal. #%' hese statements were supported by her re)o;nition o:

portions o: the route they too< when she was bein; dri5en out o: the military

installation where she was detained. #%* /he was also eKamined by a medi)al

do)tor whose =ndin;s showed that the ### )ir)ular se)ond de;ree burns on herba)< and abrasions on her )hee< )oin)ided with her a))ount o: )i;arette burnin;

and torture she suered while in detention. #%$ 1CD)EA

9ith the se)ret nature o: an en:or)ed disappearan)e and the torture perpetrated on

the 5i)tim durin; detention+ it lo;i)ally holds that mu)h o: the in:ormation and

e5iden)e o: the ordeal will )ome :rom the 5i)tims themsel5es+ and the 5era)ity o:

their a))ount will depend on their )redibility and )andidness in their written andGor

oral statements. heir statements )an be )orroborated by other e5iden)e su)h as

physi)al e5iden)e le:t by the torture they suered or landmar


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## that the ri;ht to liberty may be made more meanin;:ul only i: there is no

undue restraint by the /tate on the eKer)ise o: that liberty ##> su)h as a

re@uirement to report under unreasonable restri)tions that amounted to a

depri5ation o: liberty ##? or bein; put under monitorin; and sur5eillan)e. ##'

1n sum+ respondents assert that their )ause o: a)tion )onsists in the threat to theirri;ht to li:e and liberty+ and a 5iolation o: their ri;ht to se)urity. 1DC/)A

2et us put this ri;ht to se)urity under the lens to determine i: it has indeed been

5iolated as respondents assert. he ri;ht to se)urity or the ri;ht to se)urity o:

person =nds a teKtual hoo< in Arti)le 111+ /e)tion , o: the #&$* Constitution whi)h

pro5ides+ 5iI.8

/e). ,. he ri;ht o: the people to be se)ure in their persons+ houses+ papers

and ee)ts a;ainst unreasonable sear)hes and seiIures o: whate5er nature and :or

any purpose shall be in5iolable+ and no sear)h warrant or warrant o: arrest shall

issue eK)ept upon probable )ause to be determined personally by the ud;e. . .

At the )ore o: this ;uarantee is the immunity o: oneMs person+ in)ludin; the

eKtensions o: hisGher person P houses+ papers+ and ee)ts P a;ainst ;o5ernment

intrusion. /e)tion , not only limits the stateMs power o5er a personMs home and

possessions+ but more importantly+ prote)ts the pri5a)y and san)tity o: the person

himsel:. ##* he purpose o: this pro5ision was enun)iated by the Court in 4eople 5.

CF1 o: "iIal+ Bran)h 1T+ LueIon City+ 5iI.8 ##$ HCEaD1

he purpose o: the )onstitutional ;uarantee a;ainst unreasonable sear)hes and

seiIures is to pre5ent 5iolations o: pri5ate se)urity in person and property and

unlaw:ul in5asion o: the se)urity o: the home by o)ers o: the law a)tin; under

le;islati5e or udi)ial san)tion and to ;i5e remedy a;ainst su)h usurpation when

attempted. Adams 5. New 0or'.

he ri;ht to pri5a)y is an essential )ondition to the di;nity and happiness and to the

pea)e and se)urity o: e5ery indi5idual+ whether it be o: home or o: persons and

)orresponden)e. aQada and Carreon+ 4oliti)al 2aw o: the 4hilippines+ Vol. ,+ #&

#&',. he )onstitutional in5iolability o: this ;reat :undamental ri;ht a;ainst

unreasonable sear)hes and seiIures must be deemed absolute as nothin; is )loser

to a manMs soul than the serenity o: his pri5a)y and the assuran)e o: his personal

se)urity. Any inter:eren)e allowable )an only be :or the best )auses and reasons.

##& emphases supplied )DCa/

9hile the ri;ht to li:e under Arti)le 111+ /e)tion # #,% ;uarantees essentially the ri;ht

to be ali5e #,# P upon whi)h the enoyment o: all other ri;hts is pre)onditioned P

the ri;ht to se)urity o: person is a ;uarantee o: the se)ure @uality o: this li:e+ 5iI.8

he li:e to whi)h ea)h person has a ri;ht is not a li:e li5ed in :ear that his person

and property may be unreasonably 5iolated by a power:ul ruler. "ather+ it is a li:e

li5ed with the assuran)e that the ;o5ernment he established and )onsented to+ will

prote)t the se)urity o: his person and property. he ideal o: se)urity in li:e and


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property. . . per5ades the whole history o: man. 1t tou)hes e5ery aspe)t o: manMs

eKisten)e. #,, 1n a broad sense+ the ri;ht to se)urity o: person emanates in a

personMs le;al and uninterrupted enoyment o: his li:e+ his limbs+ his body+ his

health+ and his reputation. 1t in)ludes the ri;ht to eKist+ and the ri;ht to enoyment

o: li:e while eKistin;+ and it is in5aded not only by a depri5ation o: li:e but also o:

those thin;s whi)h are ne)essary to the enoyment o: li:e a))ordin; to the nature+temperament+ and law:ul desires o: the indi5idual. #,

A )loser loo< at the ri;ht to se)urity o: person would yield 5arious permutations o:

the eKer)ise o: this ri;ht. HED/C)

First+ the ri;ht to se)urity o: person is :reedom :rom :ear. 1n its whereas )lauses+

the 6ni5ersal De)laration o: Human "i;hts 6DH" enun)iates that a world in whi)h

human bein;s shall enoy :reedom o: spee)h and belie: and :reedom :rom :ear and

want has been pro)laimed as the hi;hest aspiration o: the )ommon people.

emphasis supplied /ome s)holars postulate that :reedom :rom :ear is not only

an aspirational prin)iple+ but essentially an indi5idual international human ri;ht. #,>1t is the ri;ht to se)urity o: person as the word se)urity itsel: means :reedom

:rom :ear. #,? Arti)le o: the 6DH" pro5ides+ 5iI.8

E5eryone has the ri;ht to li:e+ liberty and se)urity o: person. #,' emphasis

supplied

1n :urtheran)e o: this ri;ht de)lared in the 6DH"+ Arti)le & # o: the 1nternational

Co5enant on Ci5il and 4oliti)al "i;hts 1CC4" also pro5ides :or the ri;ht to se)urity

o: person+ 5iI.8 1CHAa

#. E5eryone has the ri;ht to liberty and se)urity o: person. No one shall be

sube)ted to arbitrary arrest or detention. No one shall be depri5ed o: his liberty

eK)ept on su)h ;rounds and in a))ordan)e with su)h pro)edure as are established

by law. emphasis supplied

he 4hilippines is a si;natory to both the 6DH" and the 1CC4".

1n the )onteKt o: /e)tion # o: the Amparo "ule+ :reedom :rom :ear is the ri;ht and

any threat to the ri;hts to li:e+ liberty or se)urity is the a)tionable wron;. Fear is a

state o: mind+ a rea)tionJ threat is a stimulus+ a )ause o: a)tion. Fear )aused by the

same stimulus )an ran;e :rom bein; baseless to well-:ounded as people rea)t

dierently. he de;ree o: :ear )an 5ary :rom one person to another with the

5ariation o: the proli=)a)y o: their ima;ination+ stren;th o: )hara)ter or past

eKperien)e with the stimulus. hus+ in the amparo )onteKt+ it is more )orre)t to say

that the ri;ht to se)urity is a)tually the :reedom :rom threat. Viewed in this li;ht+

the threatened with 5iolation Clause in the latter part o: /e)tion # o: the Amparo

"ule is a :orm o: 5iolation o: the ri;ht to se)urity mentioned in the earlier part o: the

pro5ision. #,* 1CH)D


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/e)ond+ the ri;ht to se)urity o: person is a ;uarantee o: bodily and psy)holo;i)al

inte;rity or se)urity. Arti)le 111+ /e)tion 11 o: the #&$* Constitution ;uarantees that+

as a ;eneral rule+ oneMs body )annot be sear)hed or in5aded without a sear)h

warrant. #,$ 4hysi)al inuries inSi)ted in the )onteKt o: eKtrale;al


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. . . the appli)ant did not brin; his alle;ations to the attention o: domesti)

authorities at the time when they )ould reasonably ha5e been eKpe)ted to ta 5iI.8 )/EaDA

he duty to in5esti;ate must be underta


29/34

his third sense o: the ri;ht to se)urity o: person as a ;uarantee o: ;o5ernment

prote)tion has been interpreted by the 6nited NationsM Human "i;hts Committee

#' in not a :ew )ases in5ol5in; Arti)le & #* o: the 1CC4". 9hile the ri;ht to

se)urity o: person appears in )onun)tion with the ri;ht to liberty under Arti)le &+

the Committee has ruled that the ri;ht to se)urity o: person )an eKist independently

o: the ri;ht to liberty. 1n other words+ there need not ne)essarily be a depri5ation o:liberty :or the ri;ht to se)urity o: person to be in5o


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moreso now that they ha5e sur:a)ed and impli)ated spe)i=) o)ers in the military

not only in their own abdu)tion and torture+ but also in those o: other persons

& 4re)isely be)ause respondents are bein; shielded :rom the

perpetrators o: their abdu)tion+ they )annot be eKpe)ted to show e5iden)e o: o5ert

a)ts o: threat su)h as :a)e-to-:a)e intimidation or written threats to their li:e+ liberty

and se)urity. Nonetheless+ the )ir)umstan)es o: respondentsM abdu)tion+ detention+

torture and es)ape reasonably support a )on)lusion that there is an apparent threat

that they will a;ain be abdu)ted+ tortured+ and this time+ e5en eKe)uted. hese

)onstitute threats to their liberty+ se)urity+ and li:e+ a)tionable throu;h a petition :or

a writ o: amparo. Ca)1E

NeKt+ the 5iolation o: the ri;ht to se)urity as prote)tion by the ;o5ernment. Apart

:rom the :ailure o: military elements to pro5ide prote)tion to respondents by

themsel5es perpetratin; the abdu)tion+ detention+ and torture+ they also miserably

:ailed in )ondu)tin; an ee)ti5e in5esti;ation o: respondentsM abdu)tion as re5ealed

by the testimony and in5esti;ation report o: petitionersM own witness+ 2t. Col. "uben

7imeneI+ 4ro5ost 3arshall o: the *th 1n:antry Di5ision.

he one-day in5esti;ation )ondu)ted by 7imeneI was 5ery limited+ super=)ial+ and

one-sided. He merely relied on the /worn /tatements o: the siK impli)ated members

o: the CAF6 and )i5ilians whom he met in the in5esti;ation :or the =rst time. He

was present at the in5esti;ation when his subordinate 2in;ad was ta


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)aused to be issued a dire)ti5e to the units o: the AF4 :or the purpose o:

establishin; the )ir)umstan)es o: the alle;ed disappearan)e and the re)ent

reappearan)e o: the respondents+ and undertoo< to pro5ide results o: the

in5esti;ations to respondents. #?# o this day+ howe5er+ almost a year a:ter the

poli)y dire)ti5e was issued by petitioner /e)retary o: National De:ense on ()tober

#+ ,%%*+ respondents ha5e not been :urnished the results o: the in5esti;ationwhi)h they now see< throu;h the instant petition :or a writ o: amparo. 1EHDC

6nder these )ir)umstan)es+ there is substantial e5iden)e to warrant the )on)lusion

that there is a 5iolation o: respondentsM ri;ht to se)urity as a ;uarantee o:

prote)tion by the ;o5ernment.

1n sum+ we )on)lude that respondentsM ri;ht to se)urity as :reedom :rom threat is

5iolated by the apparent threat to their li:e+ liberty and se)urity o: person. heir

ri;ht to se)urity as a ;uarantee o: prote)tion by the ;o5ernment is li


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do)uments to be produ)ed must be apparent+ but this is not true in the present

)ase as the in5ol5ement o: petitioners in the abdu)tion has not been shown.

1/CHE

4etitionersM ar;uments do not hold water. he produ)tion order under the Amparo

"ule should not be )on:used with a sear)h warrant :or law en:or)ement underArti)le 111+ /e)tion , o: the #&$* Constitution. his Constitutional pro5ision is a

prote)tion o: the people :rom the unreasonable intrusion o: the ;o5ernment+ not a

prote)tion o: the ;o5ernment :rom the demand o: the people su)h as respondents.

1nstead+ the amparo produ)tion order may be li


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(n the )ontrary+ the dis)losure o: the present pla)es o: assi;nment o: 3G/;t. Hilario

a

Secretary of NatDes vs Manalo.docx

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Transcript of Secretary of NatDes vs Manalo.docx