Republic of the Philippines

Fifth Judicial Region

REGIONAL TRIAL COURT
Branch V
Legazpi City

PEDRO VILLANUEVA,
Petitioner,

-versus-

SPEC. PRO No. ____________________________

MAYOR ELIGIO MARCAIDA, CARDO VERSOZA alias For: Writ of Amparo with Prayer for
PINUNO, MARLON AGUILAR, JETHRO GARRIDO, Protection Order.
RYAN GUZMAN alias BABY BOY, and JUANITO
GAPUZ.
Respondent.

x---------------------------------------------------------------x

PETITION FOR WRIT OF AMPARO

PETITIONER, through Counsel, and unto this most Honorable Court,

respectfully avers:

1. Petitioner, PEDRO VILLANUEVA, is a Filipino Citizen, of legal age,

married, with residence and postal address at 528 Barriada, Legazpi City,
Albay, where he may be served with summons and other court processes;

2. Respondents, MAYOR ELIGIO MARCAIDA, CARDO “PINUNO”

VERSOZA, MARLON AGUILAR, JETHRO GARRIDO, RYAN
“BABY BOY” GUZMAN AND JUANITO GAPUZ, all Filipino Citizen,
all of legal age with residence and postal address at 26-D Garalde
Compound, Barangay 4, Legazpi City, Bonot Legazpi City, Banadero,
Legazpi City, Tagatay, Camalig, Albay, respectively, where they may be
served with summons and other court processes;

3. Petitioner Pedro Villanueva, “Pedro” for brevity, a known journalist in

Legazpi City, was violated of his right to life, liberty, and security when on
January 9, 2020 he was abducted and kidnapped while parking his car along
the alley of their subdivision by 4 men wearing camouflage and black
 bonnets covering their faces and was forcibly brought to a kubo. Attached
herewith is the affidavit of petitioner Pedro marked as Annex “A”.

4. Upon arrival on the said kubo, Petitioner Pedro underwent to an

interrogation with his hands and feet tied back to a chair and was tortured
by numerous punches evidently scene in the abdomen, face, and other parts
of his body. Attached herewith is a medical certificate marked as ANNEX
“B”.

5. That the a so called “Pinuno” identified as respondent CARDO VERSOZA

, who was acting as the leader, instructed the three other respondents to rip
off the clothing of Petitioner Pedro even his undergarment exposing his
genitals while being flooded in his face and whole body with water through
a hose.

6. That the respondents countlessly threaten Petitioner Pedro by pointing a

gun to his head, and/ or by pressing a knife to his neck and other vulnerable
parts such as his genitals and tongue.

7. That the respondents told Petitioner Pedro while being tortured to stop
writing against MAYOR ELIGIO MARCAIDA or his alliances in the
newspaper where herein Petitioner works or else his family will be
endangered too.

8. That this torturous act went on for three days without giving him food or
any intake. On the fourth day, Petitioner Pedro woke up with no one with
him inside the kubo with his hands and feet free from being tied.

9. That Petitioner was able to walk for approximately 50 meters before he

passed out.

10. That Petitioner Pedro was found by a certain ADOLFO CORTES, “Adolfo”
for brevity, a tanod who was doing a ronda on the barangay along the
bushes beside a small alley and petitioner Pedro was brought to the nearest
hospital. Attached herewith is the affidavit executed by Adolfo Cortes
marked as ANNEX “C”.
11. The incident was immediately reported and was investigated on January 26,
2020 by Police Inspector RAFAEL DELA CRUZ, PO1 ARNULFO
SOLOMON and PO1 JAMES VALENCIA, all policemen detailed in
Legazpi City Police Station.

12. That in the initial report it was found out that the kubo where the incident
happened is located in Pinaric, Legazpi City. Also, it was discovered that
the said land area where the kubo stands on is owned by Mayor
MARCAIDA. Attached herewith is the police investigation report and
marked as ANNEX “D”.

13. That the Petitioner in his affidavit, identified and testified that the
respondents who were responsible committing the mentioned offenses is
the same person who serves as bodyguards/ security of the said Mayor. He
also stated that he is certain of the identities of the respondents since he
have seen them many times when he was conducting an interview with
Mayor Marcaida. Attached herewith is the affidavit of the Petitioner
marked as ANNEX “A”.

14. That the incident heavily caused trauma, depression and fear for Petitioner
Pedro’s life, liberty, and security.

15. That the life, liberty and security of the Petitioner have been violated and
threatened by the unlawful act of the respondents and that the former’s life
is in real imminent danger and threat;

16. That Petitioner Pedro has exhausted all the efforts legally available and that
there is no other plain, speedy, and adequate remedy to protect the rights of
the victim except by application for a Writ of Amparo.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

unto this Honorable Court that a WRIT OF AMPARO ORDERING THE
RESPONDENTS, MAYOR ELIGIO MARCAIDA, CARDO VERSOZA
alias PINUNO, MARLON AGUILAR, JETHRO GARRIDO, RYAN
GUZMAN alias BABY BOY, and JUANITO GAPUZ.
 FUTHERMORE, it is likewise most respectfully prayed unto this
Honorable Court to issue a Protection Order in favor of the Petitioner PEDRO
VILLANUEVA and his family against and from the respondents and to enjoin
the respondents from doing harm or even approaching the said persons.

Other reliefs just and equitable are also prayed for.

Legazpi City, Albay. February 28, 2020.

FERNANDEZ LAW OFFICE

Door No. 567, No. 317, Peñaranda Ext. St., Bonot,
Legazpi City, 4500.
Mobile No: 0912-34-45-678
Land Line No: (052) 480-5566
Email Add: atty_roger_fernandez@yahoo.com

Atty. Roger L. Fernandez

Roll No: 678902
IBP Lifetime No: 103649/16June 2020/Albay Chapter
PTR No: 9014350/03Jan2020 / Legazpi City
MCLE Compliance No. V-0005788/2Feb2015

VERIFICATION AND CERTIFICATE OF NON-FORUM

SHOPPING

I, PEDRO VILLANUEVA, of legal age, married with residence and

postal address at 528 Barriada, Legazpi City, Albay after having been duly
sworn to in accordance with law, depose and say that:

1. That I am the Petitioner in this case.

2. That I caused the preparation of the foregoing PETITION, the

contents of which are true and correct of my personal knowledge
and/or based on authentic records;
 3. That I have not heretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial
agency and to the best of my knowledge, no such action or claim is
pending therein, if I should hereafter learn that the same or similar
action or claim has been filed or pending, I shall report that fact
within five days therefrom to this Honorable Court.

FURTHER I SAYETH NOT.

PEDRO VILLANUEVA
Competent Evidence of Identity: __________

SUBSCRIBED AND SWORN to before me this _____________, at

Legazpi City the above affiant exhibiting to me his competent evidence of
identity.

WITNESS MY HAND AND SEAL.

Notary Public
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2020.

Table of Attachments:

ANNEX A Affidavit of Pedro Villanueva

ANNEX B Medical Certificate dated January 25, 2020.
ANNEX C Affidavit of Adolfo Cortes
ANNEX D Police Investigation Report dated January 26, 2020.