Secretary of National Defense vs Manalo

Facts:

The Manalo’s (Raymond and Reynaldo, brothers), farmers from Bulacan who were
suspected of being members of the NPA, were forcibly taken from their home, detained in
various locations, and tortures by CAFGU and military units. After several days in captivity,
the brothers recognized their abductors as members of the AFP led by General Palparan.
They also learned that they were being held in place for their brother, Bestre, a suspected
leader of the communist insurgents. While in captivity, they met other desaperacidos
(including the still-missing UP students Karen Empeno and Sherlyn Cadapan) who were also
suspected of being communist insurgents and members of the NPA. After 18 months of
restrained of liberty, torture and other dehumanizing acts, the brothers were able to escape
and file a petition for the writ of amparo.

Issue:

1. Whether the right of freedom from fear can be protected by existing laws.

2. Whether the Writ of Amparo is applicable to the case.

Held:

1. YES. The right to security of person is not merely a textual hook in Article 3, Section 2 of
the Constitution. At its core is the immunity of one’s person against government intrusion.
The right to security of person is “freedom from fear”, a guarantee of bodily and
psychological integrity and security.

The law thus gives the remedy of the writ of amparo, in addition to the rights and liberties
already protected by the Bill of Rights, Amparo, literally meaning “to protect”, is borne out
of the long history of Latin American and Philippines human rights abuses. The writ serves to
both prevent and cure extralegal killing, enforced disappearances, and threats thereof,
giving the powerless a powerful remedy to ensure their rights, liberties, and dignity. Amparo,
a triumph of natural law that has been embodied in positive law, gives voice to the preys of
silent guns and prisoners behind secret walls.

2. The SC ruled that there is a continuing violation of the Manalo’s right to security. The
writ of Amparo is the most potent remedy available to any person whose right to life, liberty,
and security has been violated or is threatened with violation by an unlawful act or omission
by public officials or employees and by private individuals or entities. Understandably, since
their escape, the Manalos have been under concealment and protection by private citizens
because of the threat to their life, librety and security. The circumstances of respondents’
abduction, detention and torture and escape reasonably support a conclusion that there is
an apparent threat that they will again be abducted, tortured and this time, even executed.
These constitute threats to their liberty, security and life, actionable through a petition for a
writ of amparo.