Case Summary (G.R. No. 242257)
Procedural History
• Aug. 24, 2018: Petition for Writ of Amparo filed in RTC Branch 12, San Jose, Antique; seeks protection from unlawful threats and surveillance.
• Aug. 28, 2018: RTC issues writ of amparo, temporary protection order (TPO), directs verified return.
• Sept. 4, 2018: Summary hearing conducted.
• Sept. 13, 2018: RTC denies amparo; lifts TPO, finds petitioner’s evidence uncorroborated and speculative.
• Oct. 15, 2019: SC grants petition for review on certiorari, reverses RTC.
Standard for Writ of Amparo
• Writ of Amparo protects rights to life, liberty, security against unlawful acts or threats by public officials.
• Summary proceeding requiring “substantial evidence” (more than scintilla; reasonable mind could accept as adequate).
• Hearsay and circumstantial evidence admissible under “totality of circumstances” approach when consistent with other evidence.
Assessment of Surveillance and Threats
• Unauthorized photography at funeral home linked to subsequent monitoring.
• Daughter’s consistent, detailed account of police drive-bys and tailing establishes credible fear.
• Totality of evidence indicates focused surveillance tied to petitioner’s spousal connection with a suspected insurgent.
Spousal and Privacy Rights
• Spousal privilege and marital communications protected by Constitution and Rules of Court, barring compulsion to testify.
• Privacy rights under Const. Art. III, Secs. 2-3 and Civil Code Art. 26 violated by nonconsensual photography and display.
• Proper investigative protocol requires formal advisements of rights, nonintimidating environment, access to counsel—absent here.
Respondents’ Defenses and Duty of Diligence
• Respondents’ verified return: general denials, reliance on “logical investigation” rationale.
• Rule on Amparo Sec. 17 demands public officials prove “extraordinary diligence” in performance of duty; presumption of regularity inapplicable.
• Officers failed to produce detailed affidavits showing exhaustive efforts to verify or dispel alleged threats (e.g., full LTO inquiries).
Power Dynamics and Gender Considerations
• Two tiers of imbalance—law enforcer vs. civilian and male vs. female—heightened petitioner’s vulnerability.
• RTC’s failure to account for
Case Syllabus (G.R. No. 242257)
Facts
- On August 16, 2018, petitioner Vivian A. Sanchez learned her estranged husband, Eldie Labinghisa, was among seven alleged New People’s Army members killed by the PNP in Barangay Atabay, San Jose, Antique.
- Sanchez went to St. Peter’s Funeral Home to verify her husband’s death; police officers there took her photograph without permission, prompting her to leave without identifying the body.
- Hours later, PO2 Nerissa A. De la Cruz, a close friend, informed Sanchez that her photo was being circulated at the police station and urged her to reveal her husband’s name or face repercussions.
- On her return to the funeral home the next day, three police officers threatened to charge her with obstruction of justice if she did not answer their questions, causing her to flee before confirming her husband’s identity.
- Later that day, two officers brought a photograph of a cadaver to Sanchez’s home, and she confirmed the body as her husband’s.
- In the days following, Sanchez and her family experienced frequent police drive-bys in front of their house, a vehicle tailing them during travel to Iloilo for the wake, and an individual shadowing her, generating fear for their safety.
- Sanchez’s 15-year-old daughter, Scarlet, testified to recurring patrol cars passing their house at night and vehicles following them en route to school and Iloilo, resulting in anxiety and sleep disturbance.
Procedural History
- August 24, 2018: Sanchez filed a Petition for Writ of Amparo in the RTC of San Jose, Antique against PSupt. Darroca, PSSupt. Agpangan, PCSupt. Bulalacao, and their subordinates, alleging unlawful surveillance and threats.
- August 28, 2018: The RTC issued a writ of amparo, a temporary protection order (TPO), and directed respondents to file a verified written return within 72 hours.
- Respondents’ Verified Return denied any threat or violation of petitioners’ rights, attributing allegations to hearsay and speculation.
- September 4, 2018: A summary hearing was conducted.
- September 13, 2018: The RTC denied the writ of amparo and lifted the TPO, finding Sanchez failed to present specific, corroborated evidence of targeted threats or unlawful acts by the police.
- Sanchez filed a Petition for Review on Certiorari before the Supreme Court. Respondents commented reiterating denials and justifying investigative actions; Sanchez did not file a reply.