Case Digest (G.R. No. 69866)
Facts:
Aberca, et al. v. Maj. Gen. Fabian Ver, et al., G.R. No. 69866, April 15, 1988, the Supreme Court En Banc, Yap, J., writing for the Court. Petitioners (several individuals listed collectively) sued various military officers (including Maj. Gen. Fabian Ver) and the Regional Trial Court, Branch 95, Quezon City, for damages arising from alleged illegal searches, seizures, arrests, detention, denial of counsel and silence, torture and other deprivations of constitutional rights committed by elements of Task Force Makabansa (TFM) acting on orders to conduct "pre-emptive strikes" against alleged communist-terrorist houses in Metro Manila.The complaint sought actual, moral and exemplary damages and attorney’s fees. Respondents, through the Solicitor General, moved to dismiss on several grounds: (1) the civil suit amounted to a forbidden judicial inquiry into detention circumstances while the privilege of the writ of habeas corpus was suspended; (2) respondents were immune from liability for acts done in the performance of official duties; and (3) the complaint failed to state causes of action against most named defendants.
On November 8, 1983, Branch 95 (Judge Willelmo C. Fortun, sitting for Judge Esteban Lising) granted the motion to dismiss, sustaining the three defenses. Motions to set aside and for reconsideration were filed; Judge Fortun later inhibited and Judge Esteban Lising acted. On May 11, 1984 Judge Lising ordered that the dismissal had become final as to certain plaintiffs who allegedly failed to move for reconsideration. Plaintiffs filed amplification and motions for reconsideration; defendants filed comments.
In its September 21, 1984 resolution the respondent trial court denied the motion to set aside the order of finality and upheld dismissal for lack of cause of action as to numerous high-ranking officers (including Gen. Ver, Col. Fidel Singson, Col. Rolando Abadilla, and others), but granted reconsideration and reinstated the suit only as to Major Rodolfo Aguinaldo and Master Sgt. Bienvenido Balaba. Petitioners filed the instant petition for ...(Subscriber-Only)
Issues:
- Was the trial court correct in dismissing the complaint for lack of cause of action as to most defendants and in treating the dismissal as final with respect to certain plaintiffs?
- Does the suspension of the privilege of the writ of habeas corpus bar a civil action for damages for illegal arrest, detention and other constitutional violations?
- May superior military officers be held liable, jointly and severally, for constitutional violations committed by their subordinates (i.e., is respondeat superior/command r...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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