Case Summary (G.R. No. 233857)
Key Dates
• 2018: AJ enrolls in Grade 11 at Far Eastern University.
• Feb. 2, 2019: AJ officially joins Anakbayan.
• Feb. 3–6, 2019: First departure and return.
• Mar. 10–May 25, 2019: Second departure and return.
• July 10, 2019: Third departure; AJ does not return.
• Aug. 7 & 14, 2019: Senate hearing and party-list press conference, where AJ affirms voluntary membership.
• Sept. 15, 2020: Petition for writs of amparo and habeas corpus filed (G.R. No. 252120).
• May 19, 2020: SC resolution directing respondents to show cause.
• Nov. 7, 2022: En banc decision rendered.
Applicable Law
• 1987 Constitution of the Republic of the Philippines (freedom of association; due process; personal liberty).
• Rules of Court, Rule 102 (Habeas Corpus).
• Rule on the Writ of Amparo (confined to extralegal killings and enforced disappearances).
• R.A. No. 9851 (Anti-Enforced or Involuntary Disappearance).
Procedural History
Petitioners sought a writ of amparo to protect AJ’s right to life, liberty, and security, and a writ of habeas corpus to regain her custody. The Court required respondents to show cause within ten days; all complied. The en banc Court thereafter dismissed the petition.
Issues
- Whether AJ’s circumstances warranted issuance of a writ of amparo.
- Whether a writ of habeas corpus lay to compel respondents to produce AJ and return her to parental custody.
Court’s Ruling
The petition is dismissed; the requested writs of amparo and habeas corpus are denied.
Reasoning on Writ of Amparo
• The amparo remedy is limited to extralegal killings and enforced disappearances (or threats thereof).
• AJ’s case involves no deprivation of life or enforced disappearance: her whereabouts are known, and respondents are private individuals not acting with State acquiescence.
• Without elements of enforced disappearance or extrajudicial killing, amparo relief is unavailable.
Reasoning on Writ of Habeas Corpus
• Habeas corpus addresses illegal confinement or wrongful withholding of custody.
• No evidence of force, violence, or coercion by Anakbayan against AJ; she publicly denied any abduction or brainwashing in a
Case Syllabus (G.R. No. 233857)
Facts of the Case
- Alicia Jasper S. Lucena (“AJ”), born July 24, 2001, enrolled in Grade 11 at Far Eastern University (FEU) in 2018.
- AJ joined the FEU chapter of Anakbayan, a youth organization advocating national democracy.
- On February 2, 2019, AJ informed her parents she was an official member of Anakbayan.
- AJ left home without explanation on three occasions: February 3–6, March 10–May 25, and July 10, 2019; she never returned after the third departure.
- During her absences, AJ engaged in recruiting activities for Anakbayan and campaigned for Kabataan Party-list and Neri Colmenares.
- AJ dropped out of FEU and publicly declared she joined Anakbayan voluntarily, denying any abduction or brainwashing.
Procedural History
- Petitioners Relissa and Francis Lucena filed for writs of amparo and habeas corpus on September 15, 2020 (G.R. No. 252120).
- Respondents impleaded: Sarah Elago (Kabataan Party-list), Alex Danday (Anakbayan spokesperson), Charie Delos Reyes, Bianca Gacos, Jay Roven Ballais Villafuente (Anakbayan leaders/recruiters), and Atty. Maria Kristina Conti.
- On May 19, 2020, the Court required respondents to show cause within ten days why the writs should not issue; all complied timely.
Reliefs Sought
- Writ of amparo in favor of AJ and her parents.
- Temporary protection order prohibiting respondents and Anakbayan/Kabataan Party-list from recruiting or threatening AJ.
- Writ of habeas corpus ordering respondents to produce AJ in Court.
- Custody of AJ returned to her parents.
- Medical and psychological examinati