SC's first Amparo case

FACTS:

Brothers Raymond and Reynaldo Manalo were abducted by military men belonging to the CAFGU on the suspicion that they were members and supporters of the NPA. After 18 months of detention and torture, the brothers escaped on August 13, 2007.

Ten days after their escape, they filed a Petition for Prohibition, Injunction, and Temporary Restraining Order to stop the military officers and agents from depriving them of their right to liberty and other basic rights. While the said case was pending, the Rule on the Writ of Amparo took effect on October 24, 2007. The Manalos subsequently filed a manifestation and omnibus motion to treat their existing petition as amparo petition.

On December 26, 2007, the Court of Appeals granted the privilege of the writ of amparo. The CA ordered the Secretary of National Defense and the Chief of Staff of the AFP to furnish the Manalos and the court with all official and unofficial investigation reports as to the Manalos’ custody, confirm the present places of official assignment of two military officials involved, and produce all medical reports and records of the Manalo brothers while under military custody. The Secretary of National Defense and the Chief of Staff of the AFP appealed to the SC seeking to reverse and set aside the decision promulgated by the CA.

HELD:

In upholding the CA decision, the Supreme Court ruled that there is a continuing violation of the Manalos right to security. xxx The Writ of Amparo is the most potent remedy available to any person whose right to life, liberty, and security has been violated or is threatened with violation by an unlawful act or omission by public officials or employees and by private individuals or entities. xxx Understandably, since their escape, the Manalos have been under concealment and protection by private citizens because of the threat to their life, liberty, and security. The circumstances of respondents’ abduction, detention, torture and escape reasonably support a conclusion that there is an apparent threat that they will again be abducted, tortured, and this time, even executed. These constitute threats to their liberty, security, and life, actionable through a petition for a writ of amparo,” the Court explained. (GR No. 180906, The Secretary of National Defense v. Manalo, October 7, 2008)

Distinguish the production order under the Rule on the Writ of Amparo from a search warrant.

SUGGESTED ANSWER:

The production order under the Rule on the Writ of Amparo should not be confused with a search warrant for law enforcement under Art. III, sec. 2 of the 1987 Constitution. It said that the production order should be likened to the production of documents or things under sec. 1, Rule 27 of the Rules of Civil Procedure which states that “upon motion of any party showing good cause therefor, the court in which an action is pending may (a) order any party to produce and permit the inspection and copying or photographing, by or on behalf of the moving party, of any designated documents, papers, books of accounts, letters, photographs, objects or tangible things, not privileged, which constitute or contain evidence material to any matter involved in the action and which are in his possession, custody or control.” (GR No. 180906, The Secretary of National Defense v. Manalo, October 7, 2008)