Case Digest (G.R. No. 269249)
Facts:
In the Matter of the Issuance of the Writ of Amparo and Habeas Data for Jonila F. Castro and Jhed Reiyana C. Tamano, G.R. No. 269249, October 24, 2023, the Supreme Court En Banc, Hernando, J., writing for the Court.Petitioners are Jonila F. Castro and Jhed Reiyana C. Tamano, volunteers of AKAP KA Manila Bay; respondents include Lieutenant Colonel Ronnel B. Dela Cruz and members of the 70th Infantry Battalion, Police Captain Carlito Buco and members of the PNP Bataan, National Security Council Assistant Director General Jonathan Malaya, the National Task Force to End Local Communist Armed Conflict (NTF‑ELCAC), and others acting under their instruction. The petition filed on September 28, 2023 seeks writs of amparo and habeas data with prayers for a Temporary Protection Order (TPO), Permanent Protection Order (PPO), and a Production Order (PO).
On September 2, 2023, petitioners allege they were abducted in Orion, Bataan: masked men forcibly seized them, forced them into a vehicle, blindfolded and restrained them, searched their belongings, interrogated them repeatedly over several days, and threatened their lives. They recount being taken to multiple locations over several days, coerced to sign handwritten affidavits prepared by their captors, and ultimately brought to the 70th Infantry Battalion camp in Bulacan where they underwent medical checks and met Lt. Col. Dela Cruz and other officials. Petitioners were introduced to an NTF‑ELCAC representative and to a public attorney who arranged their printed affidavits; they were later presented at a publicly organized press conference on September 19, 2023 where they declared they had been abducted and coerced to sign affidavits, contradicting the military’s version that they had "surrendered."
After the press conference petitioners were turned over to CHR custody and released to their families. Petitioners allege continuing threats to their life, liberty, and security, including public statements by ADG Malaya that the National Security Council would "expose all information they have on Jonila and Jhed" and that they "may be charged [of perjury]"—statements they contended evidences government-held data and a continuing threat. Supporting materials attached to the petition included affidavits, a fact‑finding report, Facebook posts and photos of footwear left at the abduction scene, a mother’s affidavit, and news screenshots.
Rather than filing in a trial court, petitioners filed directly with the Supreme Court an "Extremely Urgent Petition" for the issuance of writs of amparo and habeas data under the relevant writ rules (amparo and habeas data rules). The Supreme ...(Subscriber-Only)
Issues:
- Whether petitioners’ direct recourse to the Supreme Court was proper.
- Whether petitioners are entitled to writs of amparo and habeas data.
- Whether petitioners are entitled to interim reliefs (TPO, ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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