Republic of the Philippines Supreme Court Manila EN BANC THE
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Republic of the Philippines Supreme Court Manila EN BANC THE SECRETARY OF NATIONAL G.R. No. !"#"$ DEFENSE, THE CHIEF OF STAFF, ARMED FORCES OF THEPHILIPPINES, Present: Petitioners, PUNO, C.J., QUISUM IN!, "N#R$S-S#N%I#GO, &#RPIO, #US%RI#-M#R%IN$', &ORON#, - versus - &#RPIO MOR#($S, #'&UN#, %IN!#, &HI&O-N#'#RIO, *$(#S&O, JR., N#&)UR#, R$"$S, ($ON#RDO-D$ &#S%RO, and RAYMOND MANALO and REYNALDO RION, JJ. MANALO, Respondents. Pro-ulgated: October /, 0112 3- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x D E C I S I O N P%NO, C.J.& 4hile victims of enforced disappearances are separated fro- the rest of the 5orld behind secret 5alls, the6 are not separated fro- the constitutional protection of their basic rights. %he constitution is an overarchin. s76 that covers all in its protection. %he case at bar involves the rights to life, libert6 and securit6 in the 8rst petition for a 5rit of amparo 8led before this &ourt. %his is an appeal via Petition for Revie5 under Rule 9: of the Rules of &ourt in relation to Section ;< =;> of the Rule on the 4rit of Amparo, see7in. to reverse and set aside on both ?uestions of fact and la5, the Decision pro-ul.ated b6 the &ourt of #ppeals in &.#. G.R. #MP#RO No. 1111;, entitled Ra6-ond Manalo and Re6naldo Manalo, petitioners, versus %he Secretar6 of National ,efense, the &hief of Staff, #r-ed Aorces of the Philippines, respondents. %his case 5as originally a Petition for Prohibition, Injunction, and %e-porar6 Restrainin. Order C%RO)=0> 8led before this &ourt b6 herein respondents Ctherein petitionersD on #u.ust 0E, 011/ to stop herein petitioners (therein respondentsD andFor their officers and a.ents fro- deprivin. the- of their ri.ht to libert6 and other basic rights. %herein petitioners also sou.ht ancillar6 re-edies, Protective &ustod6 Orders, #ppoint-ent of &o--issioner, Inspection and #ccess Orders, and all other le.al and e?uitable reliefs under #rticle VIII, Section :C:D =E> of the ;<2/ &onstitution and Rule ;E:, Section H of the Rules of &ourt. In our Resolution dated #u.ust 09, 011/, 5e C;D ordered the Secretar6 of the ,epart-ent of National ,efense and the &hief of Sta@ of the #AP, their a.ents, representatives, or persons actin. in their stead, includin. but not limited to the &itizens #r-ed Aorces Geo.raphical Unit C&#AGUD to sub-it their &o--entJ and C0D enjoined the- fro- causin. the arrest of therein petitioners, or other5ise restrictin., curtailin., abrid.in., or deprivin. the- of their right to life, libert6, and other basic rights as .uaranteed under #rticle III, Section ;=9> of the ;<2/ &onstitution.=:> 4hile the #u.ust 0E, 011/ Petition 5as pendin., the Rule on the 4rit of Amparo too7 effect on October 09, 011/. Aorth5ith, therein petitioners 8led a Manifestation and Omnibus Motion to %reat $3istin. Petition as Amparo Petition, to #d-it Supportin. #ffidavits, and to !rant Interim and Ainal Amparo Reliefs. %he6 pra6ed that: C;D the petition be considered a Petition for the 4rit of Amparo under Sec. 0H=H> of the Amparo RuleJ C0D the &ourt issue the 5rit co--andin. therein respondents to -a7e a verified return 5ithin the period provided b6 la5 and containin. the speci8c -atter re?uired b6 la5J CED the6 be .ranted the interim reliefs allo5ed b6 theAmparo Rule and all other reliefs pra6ed for in the petition but not covered b6 the Amparo RuleJ C9) the &ourt, after hearin., render jud.-ent as re?uired in Sec. ;2=/>of the Amparo RuleJ and C:) all other just and e?uitable reliefs.=2> On October 0:, 011/, the &ourt resolved to treat the #u.ust 0E, 011/ Petition as a petition under the Amparo Rule and further resolved, viz: 4)$R$AOR$, let a 4RI% OA #MP#RO be issued to respondents re?uirin. the- to 8le 5ith the &# C&ourt of #ppealsD a verified 5ritten return 5ithin 8ve C:D 5or7in. da6s fro- service of the 5rit. 4e R$M#N, the petition to the &# and desi.nate the Division of #ssociate Justice Lucas P. ersa-in to conduct the su--ar6 hearin. on the petition onNove-ber 2, 011/ at 0:11 p.-. and decide the petition in accordance 5ith the Rule on the 4rit of #-paro.=<> On Dece-ber 0H, 011/, the &ourt of #ppeals rendered a decision in favor of therein petitioners (herein respondents), the dispositive portion of 5hich reads, viz: ACCORDINGLY, the PRIVILEGE OF THE (RIT OF AMPARO is GRANTED. %he respondents SECRETARY OF NATIONAL DEFENSE and AFP CHIEF OF STAFF are hereb6 R$QUIR$D: ;. %o furnish to the petitioners and to this &ourt 5ithin 8ve da6s fro- notice of this decision all official and unofficial reports of the investigation underta7en in connection 5ith their case, e3cept those alread6 on 8le hereinJ 0. %o con8r- in 5ritin. the present places of official assign-ent of M/S.t Hilario aka Rollie &astillo and Donald &aigas 5ithin 8ve da6s fro- notice of this decision. E. %o cause to be produced to this &ourt all -edical reports, records and charts, reports of an6 treat-ent .iven or reco--ended and -edicines prescribed, if an6, to the petitioners, to include a list of -edical and CsicD personnel C-ilitar6 and civilianD 5ho attended to the- fro- Aebruar6 ;9, 011H until #u.ust ;0, 011/ 5ithin 8ve da6s fro- notice of this decision. %he co-pliance 5ith this decision shall be -ade under the si.nature and oath of respondent #AP &hief of Sta@ or his duly authorized deput6, the latters authorit6 to be e3press and -ade apparent on the face of the s5orn co-pliance 5ith this directive. SO OR,$R$D.) "* Hence, this appeal. In resolvin. this appeal, 5e 8rst unfurl the facts as alle.ed b6 herein respondents: Respondent Ra6-ond Manalo recounted that about one or t5o 5ee7s before Aebruar6 ;9, 011H, several unifor-ed and ar-ed soldiers and -e-bers of the &#AGU su--oned to a -eetin. all the residents of their barangay in San Idelfonso, ulacan. Respondents 5ere not able to attend as the6 5ere not infor-ed of the .atherin., but Ra6-ond sa5 so-e of the soldiers 5hen he passed b6 the barangay hall.=;;> On Aebruar6 ;9, 011H, Ra6-ond 5as sleepin. in their house in uhol na Man..a, San Ildefonso, ulacan. #t past noon, several ar-ed soldiers 5earin. 5hite shirts, fatigue pants and ar-6 boots, entered their house and roused him. %he6 as7ed him if he 5as estre, but his -other, $ster Manalo, replied that he 5as Ra6-ond, not estre. %he ar-ed soldier slapped him on both chee7s and nud.ed him in the sto-ach. He 5as then handcuffed, brou.ht to the rear of his house, and forced to the .round face do5n. He 5as 7ic7ed on the hip, ordered to stand and face up to the light, then forcibly brou.ht near the road. He told his -other to follo5 him, but three soldiers stopped her and told her to sta6.=;0> #-on. the -en 5ho ca-e to ta7e him, Ra6-ond reco.nized brothers Michael de la &ruI, Madnin. de la &ruI, Puti de la &ruI, and Pula de la &ruI, 5ho all acted as loo7out. %he6 5ere all -e-bers of the &#AGU and residin. in ManuIon, San Ildefonso, ulacan. He also reco.niIed brothers Rand6 MendoIa and Rud6 MendoIa, also -e-bers of the &#AGU. 4hile he 5as bein. forcibly ta7en, he also sa5 outside of his house t5o barangay councilors, Pablo &unanan and ernardo Lin.asa, 5ith so-e soldiers and ar-ed -en.=;E> %he -en forced Ra6-ond into a 5hite (E11 van. Once inside, he 5as blindfolded. efore bein. blindfolded, he sa5 the faces of the soldiers 5ho too7 him. Later, in his ;2 -onths of captivit6, he learned their na-es. %he one 5ho drove the van 5as Rizal Hilario alias Rollie &astillo, 5ho- he estimated 5as about 91 6ears of a.e or older. %he leader of the tea- 5ho entered his house and abducted him 5as Ganata. He 5as tall, thin, curly-haired and a bit old. #nother one of his abductors 5as !eor.e 5ho 5as tall, thin, 5hite-s7inned and about E1 6ears old.=;9> %he van drove off, then ca-e to a stop. # person 5as brou.ht inside the van and -ade to sit beside Ra6-ond. oth of the- 5ere beaten up. On the road, he reco.nized the voice of the person beside him as his brother Re6naldos. %he van stopped several ti-es until the6 8nally arrived at a house. Ra6-ond and Re6naldo 5ere each brou.ht to a different roo-. 4ith the doors of their roo-s left open, Ra6-ond sa5 several soldiers continuously hittin. his brother Re6naldo on the head and other parts of his bod6 5ith the butt of their .uns for about ;: -inutes. #fter 5hich, Re6naldo 5as brou.ht to his (Ra6-ondsD roo- and it 5as his (Ra6-ondsD turn to be beaten up in the other roo-. %he soldiers as7ed him if he 5as a -e-ber of the Ne5 Peoples #r-6. $ach time he said he 5as not, he 5as hit 5ith the butt of their .uns. He 5as ?uestioned 5here his co-rades 5ere, ho5 -an6 soldiers he had 7illed, and ho5 -an6 NP# -e-bers he had helped. $ach time he ans5ered none, the6 hit him.=;:> In the ne3t da6s, Ra6-onds interro.ators appeared to be high officials as the soldiers 5ho beat him up 5ould salute the-, call the- sir, and treat the- 5ith respect.)e 5as in blindfolds 5hen interro.ated b6 the high officials, but he sa5 their faces 5hen the6 arrived and before the blindfold 5as put on.