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Facts:: CA Decision Being Appealed
Facts:: CA Decision Being Appealed
Manalo
Facts:
2. The CA rendered a decision in favor of the Manalo brothers and ordered the current
petitioners to:
To furnish the Manalos n o ll o l n no l po o
investigation undertaken in connection with their case, except those already
on l
To confirm in writing the present places of official assignment of M/Sgt
Hilario aka Rollie Castillo and Donald Caigas
To cause to be produced to this Court all medical reports, records and
charts, reports of any treatment given or recommended and medicines
prescribed, if any, to the petitioners, to include a list of medical and (sic)
personnel (military and civilian o n o m om
n l n om no o on
Ito na talaga
Feb. 14, 2006 - Raymond and Reynaldo Manalo, brothers and herein
respondents, were abducted by elements of the military (AFP and Citizen
Armed Force Geographical Unit or CAFGU) from their house in Buhol na
Mangga, San Ildefonso, Bulacan.
o T o look n o n “B ” M n lo o p
of being members of the NPA
o The white L300 van was driven by M/Sgt. Rizal Hilario aka Rollie Castillo
o The brothers were repeatedly beaten and tortured and questioned about their
knowledge of the NPA.
Reynaldo was brought to Camp Tecson a week later. Other captives (Karen Empeño
and Manuel Merino) also arrived.
o All the captives were chained every night. They were told that their families
would be killed if they escaped.
o Cadapan, Empeño and Merino would later on be killed. Merino would even
be burned.
o November 22, 2006 – the captives were transferred to a camp of the 24th
Infantry Battalion in Limay, Bataan. They were continually beaten and made
to do chores.
o Here, respondents witnessed how soldiers killed an old man suspected of
harboring the NPA and also of an Aeta who was subsequently burned.
The captives were then brought to Zambales, in a safehouse near the sea. They were
brought back to Limay on June 2007 by Caigas, the commander of the 24th Infantry
Battalion.
June 13, 2007 – Respondents were brought to Pangasinan to farm the land of Caigas.
Here, they started to save their earnings to aid in their escape. When they saved
1000 pesos, they were able to acquire a cellphone.
August 13, 2007 – Reynaldo and Raymond Manalo were able to escape and board a
bus bound for Manila.
T pon n l o o o o o ’ vits.
Dr. Benito Molino also corroborated the accounts of the Manalo brothers. He
specializes in forensic medicine. He conducted a medical exam on the respondents
After their escape. The scars and wounds of respondents were consistent with their
account of physical injuries inflicted on them. He followed the Istanbul Protocol in
the medical exam.
Petitioners also submitted affidavits
Gen. Palparan and M/Sgt. Hilario filed their affidavits late.
Lt. Col. Ruben Jimenez, Provost Marshall and witness for the petitioner, conducted
an investigation on May 29, 2006, from 8am to 10pm.
All 6 persons (CAFGU members) implicated in the abduction denied the allegation.
They had alibis (some were building a chapel, some were just at home)
Discovered that “Ka Bestre” is actually Rolando Manalo, elder brother of the
respondents.
Recommendation was for the dismissal of the case.
Issue:
Held:
The adoption of the Amparo Rule is a result of the two-day National Consultative
Summit on Extrajudicial Killings and Enforced Disappearances sponsored by the
Court on July 16-17, 2007.
o I n x o m o o ’ xp n po o
promulgate rules to prote o p opl ’ on on l
“Amparo” l ll m n “p o on” n Sp n
o Amparo thus combines the principles of judicial review derived from the U.S.
with the limitations on judicial power characteristic of the civil law tradition
which prevails in Mexico.
o It enables courts to enforce the constitution by protecting individual rights
in particular cases, but prevents them from using this power to make law for
the entire nation
This concept evolved into the (1) amparo libertad for the protection of personal
freedom, equivalent to the habeas corpus writ; (2) amparo contra leyes for the
judicial review of the constitutionality of statutes; (3) amparo casacion for the
judicial review of the constitutionality and legality of a judicial decision; (4) amparo
administrativo for the judicial review of administrative actions; and (5) amparo
agrario o p o on o p n ’ om n o m
process
In Latin American countries, except Cuba, the writ of amparo has been
constitutionally adopted to protect against human rights abuses especially
committed in countries under military juntas.
In the Philippines, while the 1987 Constitution does not explicitly provide for the
writ of amparo, several of the above amparo protections are guaranteed by our
charter. The second paragraph of Article VIII, Section 1 of the 1987 Constitution, the
G l p o o j l po “o mn o no
there has been a grave abuse of discretion amounting to lack or excess of
j on on p o n n o n m n l o Go nm n ” The
Clause accords a similar general protection to human rights extended by the amparo
contra leyes, amparo casacion, and amparo administrativo. Amparo libertad is
comparable to the remedy of habeas corpus found in several provisions of the 1987
Constitution.
The continuing threat on the life of the Manalo brothers is apparent. This threat
vitiates their free will because they are forced to limit their movements and
activities. Threats to liberty, security, and life are actionable through a petition
for a writ of amparo.
The military failed to provide protection for the respondents. They were even the
ones who actually tortured them. The one-day investigation conducted by Jimenez
was limited, superficial and one-sided.
“In m on l pon n ’ o “ om om ”
violated by the apparent threat to their life, liberty and security of person. Their
right to security as a guarantee of protection by the government is likewise violated
by the ineffective investigation and protection on th p o ml ”