Professional Documents
Culture Documents
Human Rights Case Digest
Human Rights Case Digest
Human Rights Case Digest
FACTS: Petitioners failed to appear in two hearings before the house committee
for an alleged violation of RA 7171, RA 9184, and PD 1445. A show cause order
was issued against them which led them to attend to the next hearing where they
were allegedly subjected to threats and intimidation. Finding the need to protect
themselves, petitioners filed a petition for Habeas corpus and a subsequent
omnibus petition to compel the Court to assume jurisdiction over the former
before the Court of Appeals and upon assumption, to direct the CA to forward the
records of the case to the Court for proper disposition and resolution. Co-
petitioner marcos, filed a petition for issuance of a writ of prohibition with a
prayer for the ancillary remedy of a preliminary injunction against the
respondents. While the petition for Habeas corpus was still pending both
petitioner and co-petitioner filed another petition for the issuance of writ of
amparo contending that their rights to liberty and personal security were violated
as they have been detained, while Marcos is being threatened of arrest.
ISSUE: should the writ of amparo be granted?
HELD: NO. Even in civil cases pending before the trial courts, the Court has no
authority to separately and directly intervene through the writ of Amparo. While
there is no procedural and legal obstacle to the joining of a petition for habeas
corpus and a petition for Amparo, the peculiarity of the then pendency of
the Habeas Corpus Petition before the CA renders the direct resort to this Court
for the issuance of a writ of Amparo inappropriate. Moreover, the Court
categorically pronounced that the Amparo Rule, as it presently stands, is confined
to extralegal killings and enforced disappearances, or to threats thereof.
CALLO vs MORENTE
FACTS: Parker was charged for deportation for being an undesirable,
undocumented, and overstaying alien. It was alleged that she was a fugitive from
USA with an outstanding warrant. She was subsequently arrested and detained in
the immigration detention facility. She was charged with falsification and use of
falsified documents. She then filed a petition for habeas corpus against the
Bureau of Immigration. The latter alleges that the SDO served as the legal
authority to detain parker and that she cannot be deported without the
disposition of the criminal case against her. The detention was held legal by both
the RTC and the CA. Subsequently, Callo filed a writ of amparo for the Immediate
Release of Parker from Detention, arguing that Parker is a natural-born Filipino
citizen. And that the life of Parker is endangered in the detention center.
ISSUE: Should the writ of amparo be issued?
HELD: NO. The protective writ of amparo is a judicial remedy to expeditiously
provide relief to violations of a person's constitutional right to life, liberty, and
security, and more specifically, to address the problem of extralegal killings and
enforced disappearances or threats thereof. It is clear that the elements of
enforced disappearance are not attendant in this case. There is also no threat of
such enforced disappearance. Callo contends that Parker's life is endangered in
the Immigration I Detention Facility because of the threats against her by her co-
detainees and the living conditions of the facility which pose health problems for
Parker. Unfortunately, these allegations - even if proven - will not support the
issuance of a writ of amparo. Lastly, the petition for the writ of amparo was filed
by Callo. However, there was no allegation of her relationship to Parker which
violates the order of priority provided for by law.
CIDG vs CAYANAN
FACTS: Cayanan and Perez were forcibly taken by a group of armed men led by
SPO2 Pascua and has not been seen nor heard from then. A petition for habeas
corpus was filed in behalf of Cayanan by his wife, alleging that Cayanan was being
illegaly detained by the head of the CIDG. Despite repeated demands by the wife
and other relatives, the CIDG failed to produce the body of Cayanan and denied
that they had custody over cayanan or having detained him. The RTC then issued
a writ of amparo ordering the CIDG director to conduct further investigations and
for SPO2 pascua to appear before the court. The CIDG filed a motion for
reconsideration but was denied.
ISSUE: WON sufficient evidence supported the grant of the writ of amparo by the
RTC?
HELD:YES, aSection 17 of the Rule on the Writ of Amparo specifies the degree of
proof required from the petitioner as a respondent named in the petition for the
writ of amparo, states that the Burden of Proof and Standard of Diligence
Required. – The parties shall establish their claims by substantial evidence.
Substantial evidence is such relevant evidence as a reasonable mind might accept
as adequate to support a conclusion. That the respondent discharge her burden
of proof when she provided substantial evidence to support her petition for the
writ of amparo such as the Sinumpaang salaysay of Perez, Pascual admission that
the abduction took place but inserted himself as another victim, and the
presentation of other witnesses of the respondents there was substantial
evidence and it never impaired
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BRAGA ET AL VS ABAYA
FACTS:
The petitioners in this case sought the issuance of a writ of continuing mandamus
and/or writ of kalikasan with a prayer for the issuance of a TEPO to stop the DOTC
project to modernize the Davao Sasa Wharf. They alleged that the DOTC neither
conducted prior consultation and public hearings nor secured the approval of the
sanggunian. And that the respondents have begun the process of transgressing
their right to health and a balanced ecology through the bidding process. The
environmental impacts can have consequences for the health of the population of
the port city. In their defense, respondents claimed that the petition was
premature because the project was still in the bidding process, with no proponent
to implement it.