Writ of Amparo

Secretary of National Defense Vs Amparo

Facts: Brothers: Raymond and Reynaldo Manalo- abducted by the military men of CAFGU on the
suspicion that they were members of NPA. After 18 months of detention and torture they escaped.

They files a petition for Prohibition, Injunction and TRO to stop the military officers and agents from
depriving them of their right to liberty.

They filed and granted the privilege of the writ of amparo. The Secretary of National Defense appealed.

Issue: WON, the grant on the privilege of writ of AMparo is valid.

Held:

There is a continuing violation of the Manalos right to liberty and security. The Writ of Amparo is the
most potent remedy available to a person whose right to life, liberty and security has been violated or
threatened with violation by an unlawful act and omission by public officials or employees and by
private individuals.

Since the escape of the Manalos they have been under concealment and protection by private citizens
because of the threat to their life. This threat vitiates their free will because they are forced to limit their
movements and activities.

Threats to life, liberty and security are actionable through a petition of Writ of Amparo. Hence, VALID.