G.R. No.

180906

October 7, 2008

THE SECRETARY OF NATIONAL DEFENSE vs RAY OND ANALO !"# REYNALDO ANALO $%NO, C.J.& T'() c!)e *!) or(+("!,,- ! $et(t(o" .or $ro'(b(t(o", I"/0"ct(o", !"# Te12or!r- Re)tr!("("+ Or#er 3TRO4 .(,e# be.ore t'() Co0rt b- 'ere(" re)2o"#e"t) to )to2 'ere(" 2et(t(o"er) !"#5or t'e(r o..(cer) !"# !+e"t) .ro1 #e2r(6("+ t'e1 o. t'e(r r(+'t to ,(bert- !"# ot'er b!)(c r(+'t). While the Petition was pending, the Rule on the Writ of Amparo took effect. Forthwith, therein petitioners filed a Manifestation and Omnibus Motion to Treat !isting Petition as Amparo Petition. The "# issued the writ and re$uired the petitioners to file a return with #%. #% granted the privilege of the writ. FACTS& Respondent Manalo recounted that several uniformed and armed soldiers and members of the #%F&' summoned to a meeting all the residents of their barangay in "an (delfonso, )ulacan. Respondents were not able to attend as the* were not informed of the gathering, but Ra*mond saw some of the soldiers when he passed b* the barangay hall. Ra*mond was sleeping in their house in )uhol na Mangga, "an (ldefonso, )ulacan. %t past noon, several armed soldiers entered their house and roused him. The* asked him if he was )estre, but his mother, ster Manalo, replied that he was Ra*mond, not )estre. +e was then handcuffed, brought to the rear of his house, and forced to the ground face down. The men forced Ra*mond into a white ,-.. van. Once inside, he was blindfolded. )efore being blindfolded, he saw the faces of the soldiers who took him. The van drove off, then came to a stop. +is brother Re*naldo was also taken. Ra*mond and Re*naldo were each brought to a different room. The soldiers asked him if he was a member of the /P%. ach time he said he was not, he was hit with the butt of their guns. ,ater, the* were able to escape after 01 months of detention. ISS%E& Whether to issue the writ. HELD&

0. %fter careful perusal of the evidence presented, we affirm the findings of the #ourt of %ppeals 2 b!)e# o" )0b)t!"t(!, e6(#e"ce3 that respondents were abducted from their houses in "ito Mu4on, )rg*. )uhol na Mangga, "an (ldefonso, )ulacan on Februar* 05, 6..7 and were continuousl* detained until the* escaped on %ugust 0-, 6..8. The abduction, detention, torture, and escape of the respondents were narrated b* respondent Ra*mond Manalo in a clear and convincing manner. +is account is dotted with countless candid details of respondents9 harrowing e!perience and tenacious will to escape, captured through his different senses and etched in his memor*. 6. 7e re/ect t'e c,!(1 o. 2et(t(o"er) t'!t re)2o"#e"t R!-1o"# !"!,o8) )t!te1e"t) *ere "ot corrobor!te# b- ot'er ("#e2e"#e"t !"# cre#(b,e 2(ece) o. e6(#e"ce. Ra*mond9s affidavit and testimon* were corroborated b* the affidavit of respondent Re*naldo Manalo. The testimon* and medical reports prepared b* forensic specialist :r. Molino, and the pictures of the scars left b* the ph*sical in;uries inflicted on respondents, also corroborate respondents9 accounts of the torture the* endured while in detention. Respondent Ra*mond Manalo9s familiarit* with the facilities in Fort Magsa*sa* such as the <:T',< as shown in his testimon* and confirmed b* ,t. #ol. =imene4 to be the <:ivision Training 'nit,<0 firms up respondents9 stor* that the* were detained for some time in said militar* facilit*. 7(t' t'e )ecret "!t0re o. !" e".orce# #()!22e!r!"ce !"# t'e tort0re 2er2etr!te# o" t'e 6(ct(1 #0r("+ #ete"t(o", (t ,o+(c!,,- 'o,#) t'!t 10c' o. t'e (".or1!t(o" !"# e6(#e"ce o. t'e or#e!, *(,, co1e .ro1 t'e 6(ct(1) t'e1)e,6e), !"# t'e 6er!c(t- o. t'e(r !cco0"t *(,, #e2e"# o" t'e(r cre#(b(,(t- !"# c!"#(#"e)) (" t'e(r *r(tte" !"#5or or!, )t!te1e"t). T'e(r )t!te1e"t) c!" be corrobor!te# b- ot'er e6(#e"ce )0c' !) 2'-)(c!, e6(#e"ce ,e.t b- t'e tort0re t'e- )0..ere# or ,!"#1!r9) t'e- c!" (#e"t(.- (" t'e 2,!ce) *'ere t'e- *ere #et!("e#. 7'ere powerful militar* officers are implicated, the hesitation of witnesses to surface and testif* against them comes as no surprise. -. We now come to the right of the respondents to the privilege of the writ of Amparo. There is no $uarrel that the enforced disappearance of both respondents Ra*mond and Re*naldo Manalo has now passed as the* have escaped from captivit* and surfaced. :0t *'(,e re)2o"#e"t) !#1(t t'!t t'e- !re "o ,o"+er (" #ete"t(o" !"# !re 2'-)(c!,,- .ree, t'e- !))ert t'!t t'e- !re "ot ;.ree (" e6er- )e")e o. t'e *or#; !) t'e(r ;1o6e1e"t) co"t("0e to be re)tr(cte# .or .e!r t'!t 2eo2,e t'e- '!6e "!1e# (" t'e(r <0#(c(!, A..(#!6(t) !"# te)t(.(e# !+!(")t 3(" t'e c!)e o. R!-1o"#4 !re )t(,, !t ,!r+e !"# '!6e "ot bee" 'e,# !cco0"t!b,e (" !"- *!-. These people are directl* connected to the %rmed Forces of the Philippines and are, thus, in a position to t're!te" re)2o"#e"t)8 r(+'t) to ,(.e, ,(bert- !"# )ec0r(t-.> The* claim that the* are under t're!t o. be("+ o"ce !+!(" !b#0cte#,

9e2t c!2t(6e or e6e" 9(,,e#, which constitute a direct violation of theirr(+'t to )ec0r(t- o. 2er)o". (n sum, respondents assert that their cause of action consists in the t're!t to t'e(r r(+'t to ,(.e !"# ,(bert-, and a 6(o,!t(o" o. t'e(r r(+'t to )ec0r(t-. 7'(,e t'e r(+'t to ,(.e 0"#er Art(c,e III, Sect(o" 1 +0!r!"tee) e))e"t(!,,- t'e r(+'t to be !,(6e = 02o" *'(c' t'e e"/o-1e"t o. !,, ot'er r(+'t) () 2reco"#(t(o"e# = t'e r(+'t to )ec0r(t- o. 2er)o" () ! +0!r!"tee o. t'e )ec0re >0!,(t- o. t'() ,(.e, viz? <The life to which each person has a right is not a life lived in fear that his person and propert* ma* be unreasonabl* violated b* a powerful ruler. Rather, (t () ! ,(.e ,(6e# *(t' t'e !))0r!"ce t'!t t'e +o6er"1e"t 'e e)t!b,()'e# !"# co")e"te# to, *(,, 2rotect t'e )ec0r(t- o. '() 2er)o" !"# 2ro2ert-. The ideal of securit* in life and propert*... pervades the whole histor* of man. (t touches ever* aspect of man9s e!istence.< (n a broad sense, the right to securit* of person <emanates in a person9s legal and uninterrupted en;o*ment of his life, his limbs, his bod*, his health, and his reputation. (t includes the right to e!ist, and the right to en;o*ment of life while e!isting, and it is invaded not onl* b* a deprivation of life but also of those things which are necessar* to the en;o*ment of life according to the nature, temperament, and lawful desires of the individual.< F(r)t, t'e r(+'t to )ec0r(t- o. 2er)o" () ;.ree#o1 .ro1 .e!r.; (n its <whereas< clauses, the %"(6er)!, Dec,!r!t(o" o. H01!" R(+'t) 2':+R3 enunciates that <a world in which human beings shall en;o* freedom of speech and belief and .ree#o1 .ro1 .e!r and want has been proclaimed as the highest aspiration of the common people.< 2emphasis supplied3 "ome scholars postulate that <freedom from fear< is not onl* an aspirational principle, but essentiall* an individual international human right. (t is the <right to securit* of person< as the word <securit*< itself means <freedom from fear.< %rticle - of the ':+R provides, viz? ver*one has the right to life, libert* and )ec0r(to. 2er)o". (n furtherance of this right declared in the ':+R, %rticle @203 of the I"ter"!t(o"!, Co6e"!"t o" C(6(, !"# $o,(t(c!, R(+'t) 2(##PR3 also provides for the right to securit* of person, viz? 0. ver*one has the right to libert* and )ec0r(t- o. 2er)o". /o one shall be sub;ected to arbitrar* arrest or detention. /o one shall be deprived of his libert* e!cept on such grounds and in accordance with such procedure as are established b* law. 2emphasis supplied3 The Philippines is a signator* to both the ':+R and the (##PR.

(n the conte!t of "ection 0 of the Amparo Rule, <freedom from fear< is the right and !"- t're!t to t'e r(+'t) to ,(.e, ,(bert- or )ec0r(t- is the !ct(o"!b,e *ro"+. Fear is a state of mind, a reactionA t're!t is a stimulus, a c!0)e o. !ct(o". Fear caused b* the same stimulus can range from being baseless to wellBfounded as people react differentl*. The degree of fear can var* from one person to another with the variation of the prolificac* of their imagination, strength of character or past e!perience with the stimulus. Thus, in the Amparoconte!t, it is more correct to sa* that the <right to securit*< is actuall* the ;.ree#o1 .ro1 t're!t.; Ciewed in this light, the <threatened with violation< #lause in the latter part of "ection 0 of the Amparo Rule is a form of violation of the right to securit* mentioned in the earlier part of the provision. Seco"#, t'e r(+'t to )ec0r(t- o. 2er)o" () ! +0!r!"tee o. bo#(,- !"# 2)-c'o,o+(c!, ("te+r(t- or )ec0r(t-. %rticle (((, "ection (( of the 0@18 #onstitution guarantees that, as a general rule, one9s bod* cannot be searched or invaded without a search warrant.061 Ph*sical in;uries inflicted in the conte!t of e!tralegal killings and enforced disappearances constitute more than a search or invasion of the bod*. (t ma* constitute dismemberment, ph*sical disabilities, and painful ph*sical intrusion. %s the degree of ph*sical in;ur* increases, the danger to life itself escalates. /otabl*, in criminal law, ph*sical in;uries constitute a crime against persons because the* are an affront to the bodil* integrit* or securit* of a person.06@ Ph*sical torture, force, and violence are a severe invasion of bodil* integrit*. When emplo*ed to vitiate the free will such as to force the victim to admit, reveal or fabricate incriminating information, it constitutes an invasion of both bodil* and ps*chological integrit* as the dignit* of the human person includes the e!ercise of free will. %rticle (((, "ection 06 of the 0@18 #onstitution more specificall* proscribes bodil* and ps*chological invasion, viz? 263 /o torture, force, violence, threat or intimidation, or an* other means which vitiate the free will shall be used against him 2an* person under investigation for the commission of an offense3. "ecret detention places, solitar*, incommunicado or other similar forms of detention are prohibited. Parentheticall*, under this provision, threat and intimidation that vitiate the free will B although not involving invasion of bodil* integrit* B nevertheless constitute a violation of the right to securit* in the sense of <freedom from threat< as aforeBdiscussed. %rticle (((, "ection 06 guarantees freedom from dehumani4ing abuses of persons under investigation for the commission of an offense. Cictims of enforced disappearances who are not even under such investigation should all the more be protected from these degradations. T'(r#, t'e r(+'t to )ec0r(t- o. 2er)o" () ! +0!r!"tee o. 2rotect(o" o. o"e8) r(+'t) b- t'e +o6er"1e"t. (n the

conte!t of the writ of Amparo, this right is b0(,t ("to t'e +0!r!"tee) o. t'e r(+'t to ,(.e !"# ,(bert- under %rticle (((, "ection 0 of the 0@18 #onstitution !"# t'e r(+'t to )ec0r(t- o. 2er)o" 2as freedom from threat and guarantee of bodil* and ps*chological integrit*3 under %rticle (((, "ection 6. The right to securit* of person in this third sense is a corollar* of the polic* that the "tate <guarantees full respect for human rights< under %rticle ((, "ection 00 of the 0@18 #onstitution. %s the government is the chief guarantor of order and securit*, the #onstitutional guarantee of the rights to life, libert* and securit* of person is rendered ineffective if government does not afford protection to these rights especiall* when the* are under threat. Protection includes conducting effective investigations, organi4ation of the government apparatus to e!tend protection to victims of e!tralegal killings or enforced disappearances 2or threats thereof3 andDor their families, and bringing offenders to the bar of ;ustice. ISS%E& 7'et'er t'ere () ! co"t("0("+ 6(o,!t(o" o. re)2o"#e"t)8 r(+'t to )ec0r(t-. F(r)t, t'e 6(o,!t(o" o. t'e r(+'t to )ec0r(t- !) .ree#o1 .ro1 t're!t to re)2o"#e"t)8 ,(.e, ,(bert- !"# )ec0r(t-. While respondents were detained, the* were threatened that if the* escaped, their families, including them, would be killed. (n Ra*mond9s narration, he was tortured and poured with gasoline after he was caught the first time he attempted to escape from Fort Magsa*sa*. % call from a certain <Mam,< who wanted to see him before he was killed, spared him. T'() t(1e, re)2o"#e"t) '!6e .("!,,- e)c!2e#. T'e co"#(t(o" o. t'e t're!t to be 9(,,e# '!) co1e to 2!)). (t should be stressed that the* are now free from captivit* not because the* were released b* virtue of a lawful order or voluntaril* freed b* their abductors. (t ought to be recalled that towards the end of their ordeal, sometime in =une 6..8 when respondents were detained in a camp in ,ima*, )ataan, respondents9 captors even told them that the* were still deciding whether the* should be e!ecuted. T'e 2o))(b(,(t- o. re)2o"#e"t) be("+ e?ec0te# )t!re# t'e1 (" t'e e-e *'(,e t'e- *ere (" #ete"t(o". 7(t' t'e(r e)c!2e, t'() co"t("0("+ t're!t to t'e(r ,(.e () !22!re"t, 1ore)o "o* t'!t t'e- '!6e )0r.!ce# !"# (12,(c!te# )2ec(.(c o..(cer) (" t'e 1(,(t!r- "ot o",- (" t'e(r o*" !b#0ct(o" !"# tort0re, b0t !,)o (" t'o)e o. ot'er 2er)o") 9"o*" to '!6e #()!22e!re# )0c' !) S'er,-" C!#!2!", @!re" E12eAo, !"# !"0e, er("o, !1o"+ ot'er). 'nderstandabl*, since their escape, respondents have been under concealment and protection b* private citi4ens because of the threat to their life, libert* and securit*. The threat vitiates their free will as the* are forced to limit their movements or activities. Precisel* because respondents are being shielded from the perpetrators of their abduction, the* cannot be e!pected to show evidence of overt acts of threat such as faceBtoBface intimidation or written threats to

their life, libert* and securit*. /onetheless, the circumstances of respondents9 abduction, detention, torture and escape reasonabl* support a conclusion that there is an apparent threat that the* will again be abducted, tortured, and this time, even e!ecuted. These constitute threats to their libert*, securit*, and life, actionable through a petition for a writ of Amparo. Ne?t, t'e 6(o,!t(o" o. t'e r(+'t to )ec0r(t- !) 2rotect(o" b- t'e +o6er"1e"t. %part from the failure of militar* elements to provide protection to respondents b* themselves perpetrating the abduction, detention, and torture, the* also miserabl* failed in conducting an effective investigation of respondents9 abduction as revealed b* the testimon* and investigation report of petitioners9 own witness, ,t. #ol. Ruben =imene4, Provost Marshall of the 8th (nfantr* :ivision. The oneBda* investigation conducted b* =imene4 was ver* limited, superficial, and oneBsided. +e merel* relied on the "worn "tatements of the si! implicated members of the #%F&' and civilians whom he met in the investigation for the first time. +e was present at the investigation when his subordinate ,ingad was taking the sworn statements, but he did not propound a single $uestion to ascertain the veracit* of their statements or their credibilit*. +e did not call for other witnesses to test the alibis given b* the si! implicated persons nor for the famil* or neighbors of the respondents. (n his affidavit, petitioner "ecretar* of /ational :efense attested that in a Memorandum :irective dated October -0, 6..8, he issued a polic* directive addressed to the %FP #hief of "taff, that the %FP should adopt rules of action in the event the writ of Amparo is issued b* a competent court against an* members of the %FP, which should essentiall* include verification of the identit* of the aggrieved part*A recover* and preservation of relevant evidenceA identification of witnesses and securing statements from themA determination of the cause, manner, location and time of death or disappearanceA identification and apprehension of the person or persons involved in the death or disappearanceA and bringing of the suspected offenders before a competent court.0E.Petitioner %FP #hief of "taff also submitted his own affidavit attesting that he received the above directive of respondent "ecretar* of /ational :efense and that acting on this directive, he immediatel* caused to be issued a directive to the units of the %FP for the purpose of establishing the circumstances of the alleged disappearance and the recent reappearance of the respondents, and undertook to provide results of the investigations to respondents.0E0 To this da*, however, almost a *ear after the polic* directive was issued b* petitioner "ecretar* of /ational :efense on October -0, 6..8, respondents have not been furnished the results of the investigation which the* now seek through the instant petition for a writ of Amparo. %"#er t'e)e c(rc01)t!"ce), t'ere () )0b)t!"t(!, e6(#e"ce to *!rr!"t t'e co"c,0)(o" t'!t t'ere () !

6(o,!t(o" o. re)2o"#e"t)8 r(+'t to )ec0r(t- !) ! +0!r!"tee o. 2rotect(o" b- t'e +o6er"1e"t. I" )01, *e co"c,0#e t'!t re)2o"#e"t)8 r(+'t to )ec0r(t- !) ;.ree#o1 .ro1 t're!t; () 6(o,!te# b- t'e !22!re"t t're!t to t'e(r ,(.e, ,(bert- !"# )ec0r(t- o. 2er)o". T'e(r r(+'t to )ec0r(t- !) ! +0!r!"tee o. 2rotect(o" b- t'e +o6er"1e"t () ,(9e*()e 6(o,!te# bt'e ("e..ect(6e ("6e)t(+!t(o" !"# 2rotect(o" o" t'e 2!rt o. t'e 1(,(t!r-.