Case Digest (G.R. No. 186640)
Facts:
Gen. Alexander B. Yano, Lt. Gen. Victor S. Ibrado, and Maj. Gen. Ralph A. Villanueva v. Cleofas Sanchez and Marciana Medina, G.R. No. 186640, February 11, 2010, Supreme Court En Banc, Carpio Morales, J., writing for the Court.On December 28, 2007 Cleofas Sanchez filed G.R. No. 180839 seeking a Writ of Amparo with a Motion for Production and Inspection against then AFP Chief of Staff Gen. Hermogenes Esperon; on January 2, 2008 the Court issued a Writ and referred the matter to Court of Appeals Justice Edgardo Sundiam, later redocketed as CA-G.R. SP No. 00010 WR/A. Cleofas amended her petition on January 14, 2008 to join Marciana Medina and to implead several military officers, including Lt. Ali Sumangil and Sgt. Gil Villalobos.
Respondents alleged that their sons, Nicolas Sanchez and Heherson Medina, went missing on September 18, 2006 after encountering armed men in soldiers' uniforms; family members found only personal effects and bloodstains and reported the matter to barangay officials and the PNP. A witness, Josephine (Antonina) Galang Victoria, later stated she saw the missing men on September 21, 2006 inside Camp Servillano Aquino and again on September 24 and November 1, 2006 at military facilities including the Bravo Company camp inside Hacienda Luisita. The CHR endorsed the complaint to the Ombudsman.
The military respondents filed a consolidated verified Return denying custody of the missing men, arguing habeas corpus was the proper remedy, contending the petition relied on hearsay and lacked required allegations and affidavits under the Amparo Rule, and denying any policy or acts to detain civilians. Gen. Esperon averred that directives to investigate were issued; other commanders disclaimed knowledge and asserted compliance with investigations where appropriate. They opposed inspection and production orders on national security grounds and as akin to search warrants.
After hearing, the Court of Appeals (Justice Sundiam) absolved Gen. Esperon, Lt. Gen. Yano, Maj. Gen. Gomez and Lt. Col. Bayani for lack of evidence linking them to the disappearances, and found the credibility of Josephine destroyed by testimony of her relatives; yet, noting the two men remained missing, the CA nevertheless ordered (1) inspections of specified camps during reasonable hours and (2) thorough and impartial investigations by the Army units with reports due in three months. The CA decision was rendered September 17, 2008.
The military sought partial reconsideration; the CA denied the Motion by Resolution dated March 3, 2009. Gen. Alexander Yano, Lt. Gen. Victor Ibrado, and Maj. Gen. Ralph Villanueva (petitioners) then filed the present petition for review in the Supreme Court (G.R. No. 186640), c...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in granting inspection and investigation reliefs after finding that respondents failed to prove their Amparo petition by substantial evidence, such that the privilege of the writ should have been denied under Section 18 of the Rule on the Writ of Amparo?
- Could respondents obtain modification of the CA decision or additional affirmative reliefs in this Court despite their ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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