Professional Documents
Culture Documents
Manalo
Petitioner: Secretary of National Defense; Chief of staff, AFP
Respondent: Raymond and Reynaldo Manalo
G.R. No. 180906 / 7 October 2008
Ponente: CJ Puno
Facts:
CA Decision being appealed
1. The Manalo brothers filed, on 23 August 2007, a Petition for Prohibition,
Injunction, and Temporary Restraining Order (TRO) against petitioners
and their officers from depriving them of their right to liberty and other
basic rights.
The Writ of Amparo was approved on Aug 24, 2007 and
petitioners filed Motion to Treat Existing Petition as Amparo
Petition.
2. The CA rendered a decision in favor of the Manalo brothers and
ordered the current petitioners to:
Ito na talaga
o
o
o
Issue:
WON the privilege of the writ of amparo was properly given
Dispositive: Petition dismissed. CA decision reaffirmed.
Held:
History of the Amparo Rule
Promulgated in October 24, 2007. First time that the Supreme Court
exercised its expanded power in the 1987 Constitution to promulgate
rules to protect the peoples constitutional rights (life, liberty,
property)
Coverage of which is confined to:
o Extralegal killings killings committed without due process of
the law
o Enforced disappearances an arrest, detention or abduction by
the government; refusal of the State to disclose the fate or
whereabouts places him outside the protection of the law
Amparo literally means protection in Spanish. Writ of Amparo
originated in Mexico (Yucatan State). Eventually incorporated into the
Mexican Constitution in 1847. Spread across the Western hemisphere
and eventually to the Philippines.
Provides for swift relief because of the summary nature of its
proceedings. Only substantial evidence is required.
There is still a threat to the life, liberty, and a violation of their right to
security of the Manalo brothers because their captors, whom they
escaped from, still remain at large.
o Right to security is in Art. III, Sec. 2 of the 1987 Constitution.
o It is the right to enjoyment of life.
Three ways of exercising right to security:
o Freedom from fear.
Enunciated in the Universal Declaration of Human Rights
(UDHR) Article 3
Everyone has the right to life, liberty and security
of person.
It is the right to security of person as the word
security itself means freedom from fear.
International Covenant on Civil and Political Rights
(ICCPR), Art. 9 (1)
Everyone has the right to liberty and security of
person.
Freedom from fear is the right and any threat to
the rights to life, liberty or security is the
actionable wrong. Fear is a state of mind, a
reaction; threat is a stimulus, a cause of action. (PH
is a signatory to both conventions)