Case Digest (G.R. No. 182497)
Facts:
In Ampatuan v. Macaraig, decided on March 28, 2011, petitioner Nurhida Juhuri Ampatuan assailed by certiorari the April 25, 2008 order of the Regional Trial Court (RTC) of Manila, Branch 37, which denied her petition for writ of Habeas Corpus on behalf of her husband, Police Officer 1 Basser B. Ampatuan. PO1 Ampatuan, then assigned to Sultan Kudarat Municipal Police Station, was ordered on April 14, 2008 by his Chief of Police to report to Provincial Director Supt. Esmael Pua Ali in Shariff Kabunsuan, who in turn brought him to PNP Provincial Director Piang Adam in Maguindanao. Without being informed of any charge, Ampatuan was directed to remain at the provincial office. On April 15, he was forced onto a Philippine Airlines flight to Manila, turned over to Manila police, and presented at a press briefing by Police Director Geary Barias and General Roberto Rosales as the suspect in the killing of two Commission on Elections (COMELEC) officials. He was detained at the Manila PoliCase Digest (G.R. No. 182497)
Facts:
- Petitioner's Allegations
- 14 April 2008 – PO1 Basser B. Ampatuan was summoned by his Chief of Police to report to PNP superiors in Shariff Kabunsuan and Maguindanao and was directed to stay at the provincial police office without being informed of any charges.
- 15 April 2008 – He was flown to Manila, turned over to Manila police authorities, presented at a press briefing for the alleged killing of two COMELEC officials, and detained at the Manila Police Jail.
- 20 April 2008 – Transferred to Camp Bagong Diwa, Taguig.
- 21 April 2008 – Chief Inquest Prosecutor Nelson Salva ordered his release for further investigation; Police officials (Co Yee Co Jr. and Agapito Quimson) refused to comply.
- 22 April 2008 – Wife filed a petition for writ of habeas corpus before RTC Manila Branch 37; 24 April the court issued the writ commanding respondents to show cause; 25 April the RTC denied the petition.
- Respondents’ Version
- 10 November 2007 – Atty. Alioden D. Dalaig, COMELEC Legal Department head, was murdered; MPD investigation identified PO1 Ampatuan as the suspect.
- 18 April 2008 – Pre‐Charge Evaluation by PNP Superintendent Guinto found probable cause for grave misconduct (murder); administrative charge sheet was filed against Ampatuan under Section 52, RA 8551.
- 18–19 April 2008 – PNP Chief General Razon issued a memorandum and Special Order No. 921 placing Ampatuan under restrictive custody pending administrative proceedings.
- 21 April 2008 – Manila City Prosecutor recommended release of Ampatuan for further investigation of the criminal complaint but without prejudice to other legal grounds.
- 25 April 2008 – RTC Branch 37 denied the habeas corpus petition, holding that restrictive custody under RA 8551 is a valid administrative restraint not subject to habeas corpus.
Issues:
- Whether the RTC gravely abused its discretion by failing to consider that Ampatuan’s arrest and detention were made without a warrant and thus illegal.
- Whether the RTC gravely abused its discretion by conceding the Chief PNP’s authority under Section 52(4), RA 8551 to place Ampatuan under restrictive custody for administrative proceedings.
- Whether the RTC gravely abused its discretion in refusing to order Ampatuan’s release from police custody.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)