Saturday, October 13, 2012

RAFFY RUIZ BULADO

raffy_baggins@yahoo.com





FR. REYES V. GONZALES (2009)
G.R. No. 182161 December 3, 2009

FACTS:
            Fr. Reyes was among of those who were arrested during the Manila Peninsula Hotel siege, 30th of November, 2007 and they were temporarily held at Camp Crame. A Hold Departure Order (HDO) for the petitioner and to the other accused was issued by the DOJ upon the request of the Department of Interior and Local Government. Probable cause was found during investigation and petitioner was charged with rebellion. The RTC however dismissed the charge against him but the HDO was still in effect. Petitioner requested that HDO should be lifted in view of the dismissal of the criminal case. Petitioner argued that a writ of amparo should be issued against the respondents, violating the whole breadth of rights enshrined in the Constitution, specifically, his right to travel.

ISSUE: Whether the right to travel is covered by the Rule on the Writ of Amparo.

RULING:
            No. The petition for a writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover extralegal killings and enforced disappearances or threats thereof.
            The restriction on petitioner’s right to travel as a consequence of the pendency of the criminal case filed against him was not unlawful. Petitioner has failed to establish that his right to travel was impaired in the manner and to the extent that it amounted to a serious violation of his right to life, liberty and security, for which there exists no readily available legal recourse or remedy.
            A person’s right to travel is subject to the usual constraints imposed by the very necessity of safeguarding the system of justice. In such cases, whether the accused should be permitted to leave the jurisdiction for humanitarian reasons is a matter of the court’s sound discretion.
           





 

SO V. TACLA (2010)

G.R. No. 190108 October 19, 2010


FACTS:
            Herein petitioner is the father of Elena Guisande who was charged with a criminal case of Qualified Theft, a non-bailable offense. Prior to the institution of the criminal proceedings, Elena was admitted to Makati Medical Center for psychiatric treatment and declared “not ready for discharge” by her attending personal psychiatrist.
            The prosecution however requested the trial court to seek the assistance of NCMH a Government Hospital to further evaluate the psychological illness of the accused, to determine if she could stand arraignment. The RTC, thru Judge Esteban Tacla granted their motion, and Elena, upon request by NCMH was brought to the said hospital, was further examined and later on, confined. Because of her claim of “life-threatening" circumstances surrounding her confinement at the NCMH which supposedly worsened her mental condition and violated her constitutional rights against solitary detention, the counsel of the accused and his father, filed a petition for habeas corpus and amparo. Because of this claim, she was then transferred to Saint Claire’s Medical Center.
            However, she was released from confinement because as per report by the NCMH regarding the psychological state of the accused, it was stated that she is already competent to stand the rigors of the court trial.
            And unpredictably, during the pendency for her petition for the writs, the criminal case against her was dismissed.
ISSUE:  Whether the accused can still be granted of her petition for the writ of amparo and writ of habeas corpus
RULING:
            No. The petition for the writs of habeas corpus and amparo was based on the criminal case for Qualified Theft against petitioner So’s daughter, Guisande. To recall, petitioner So claimed that the conditions and circumstances of his daughter’s, accused Guisande’s, confinement at the NCMH was "life threatening"; although Guisande was accused of a non-bailable offense, the NCMH could not adequately treat Guisande’s mental condition.  The petition has been therefore rendered moot and academic by the dismissal of the Criminal Case.
            The Rules on the Writs of Habeas Corpus and Amparo are clear; the act or omission or the threatened act or omission complained of - confinement and custody for habeas corpus and violations of, or threat to violate, a person’s life, liberty, and security for amparo cases - should be illegal or unlawful.




YANO V. SANCHEZ (2010)
G.R. No. 186640 February 11, 2010
FACTS:
            Cleofas and Marciana (respondents) alleged that one evening, their respective sons Nicolas Sanchez and Heherson Medina were catching frogs outside their home in, Tarlac; that at around past midnight the next day, Nicolas’ "wives" Lourdez and Rosalie Sanchez, who were then at home, heard gunshots and saw armed men in soldiers’ uniforms passing by; that at around dawn of the same day, Lourdez and Rosalie went out to check on Nicolas, but to no avail.

            Respondents alleged that Josephine Galang Victoria, niece of a neighbor, later informed them that she had seen two men inside Camp Servillano Aquino of the Northern Luzon Command (Nolcom) Tarlac City, whom Josephine later identified as Nicolas and Heherson (the victims) after respondents had shown her their photographs; and that Josephine informed them that she saw the victims again on September 24, 2006 and November 1, 2006, this time at the Camp of the Bravo Company of the Army’s 71st Infantry Batallion inside Hacienda Luisita.
           
            Upon the endorsement of the CHR to the Ombudsman, respondents prayed for the issuance of writ of amparo.
           
            The appellate court, after hearing, absolved herein petitioner among others, but granted herein respondents with the reliefs of investigation of the camps and thorough impartial investigation.

ISSUE:
            Whether the grant of the reliefs by the appellate court after finding want of substantial evidence are valid and proper

           
RULING:
            No. These provisional reliefs are intended to assist the court before it arrives at a judicious determination of the amparo petition. For the appellate court to, in the present case, still order the inspection of the military camps and order the army units to conduct an investigation into the disappearance of Nicolas and Heherson after it absolved petitioners is thus not in order. The reliefs granted by the appellate court to respondents are not in sync with a finding that petitioners could not be held accountable for the disappearance of the victims.          


               


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