In Re Manglalan

EN BANC

[G.R. No. 262026. August 23, 2022.]

IN THE MATTER OF THE PETITION (FOR A WRIT OF AMPARO) WITH URGENT PRAYER FOR THE ISSUANCE OF A TEMPORARY PROTECTION ORDER AND INSPECTION ORDER DATED 10 AUGUST 2022, RUTH H. MANGLALAN AND ALYSSA MARIE C. MAGBANUA (REPRESENTED BY HER ATTORNEY-IN-FACT RUTH H. MANGLALAN FOR AND IN BEHALF OF ELIZABETH "LOI" MAGBANUA, and MAUREEN T. JUAT), FOR AND IN BEHALF OF ALIPIO "ADOR" JUAT, petitioners,vs. LT. GEN. BARTOLOME VICENTE BACARRO, IN HIS CAPACITY AS CHIEF-OF-STAFF OF THE ARMED FORCES OF THE PHILIPPINES [AFP], GEN. JOSE FAUSTINO, JR. [RET.], IN HIS CAPACITY AS OFFICER-IN-CHARGE, DEPARTMENT OF NATIONAL DEFENSE [DND], GEN. RICARDO F. DE LEON [RET.], IN HIS CAPACITY AS DIRECTOR-GENERAL OF THE NATIONAL INTELLIGENCE COORDINATING AGENCY [NICA], LT. GEN. ROMEO BRAWNER, JR., IN HIS CAPACITY AS COMMANDING GENERAL, PHILIPPINE ARMY [PA], MAJ. GEN. ROY M. GALIDO, IN HIS CAPACITY AS ACTING CHIEF-OF-STAFF, PHILIPPINE ARMY [PA], MAJ. GEN. ROMULO MANUEL, IN HIS CAPACITY AS DEPUTY CHIEF-OF-STAFF FOR INTELLIGENCE [J2] OF THE AFP, CHIEF OF THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES [ISAFP], and BRIG. GEN. NOLASCO A. MEMPIN, IN HIS CAPACITY AS DEPUTY CHIEF OF STAFF FOR CIVIL MILITARY OPERATIONS AFP, respondents.

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution dated AUGUST 23, 2022, which reads as follows:

"G.R. No. 262026—(In the Matter of the Petition (for a Writ of Amparo) with Urgent Prayer for the Issuance of a Temporary Protection Order and Inspection Order dated 10 August 2022, Ruth H. Manglalan and Alyssa Marie C. Magbanua (represented by her Attorney-in-Fact Ruth H. Manglalan for and in behalf of Elizabeth "Loi" Magbanua, and Maureen T. Juat), for and in behalf of Alipio "Ador" Juat vs. Lt. Gen. Bartolome Vicente Bacarro, in his capacity as Chief-of-Staff of the Armed Forces of the Philippines [AFP], Gen. Jose Faustino, Jr. [Ret.], in his capacity as Officer-in-Charge, Department of National Defense [DND], Gen. Ricardo F. De Leon [Ret.], in his capacity as Director-General of the National Intelligence Coordinating Agency [NICA], Lt. Gen. Romeo Brawner, Jr., in his capacity as Commanding General, Philippine Army [PA], Maj. Gen. Roy M. Galido, in his capacity as Acting Chief-of-Staff, Philippine Army [PA], Maj. Gen. Romulo Manuel, in his capacity as Deputy Chief-of-Staff for Intelligence [J2] of the AFP, Chief of the Intelligence Service of the Armed Forces of the Philippines [ISAFP], and Brig. Gen. Nolasco A. Mempin, in his capacity as Deputy Chief of Staff for Civil Military Operations AFP). —

Acting on the Petition for Writ of Amparo (the Petition) filed on 10 August 2022, the Court resolves to: CAIHTE

(1) ISSUE the WRIT OF AMPARO (Writ), returnable to the Presiding Justice of the Court of Appeals who shall cause the immediate RAFFLE of this case among its incumbent Justices;

(2) REQUIRE the Justice of the Court of Appeals to whom the case is raffled to conduct a SUMMARY HEARING on the Petition and the prayers for Permanent Protection Order and Inspection Order on 30 August 2022 at 9:00 in the morning; DECIDE the same on the merits within ten days from the submission of the case for decision; and FURNISH this Court with a copy of the decision within five days from rendition thereof;

(3) ORDER respondents Lieutenant General Bartolome Vicente Bacarro, in his capacity as Chief of Staff of the Armed Forces of the Philippines; [Ret.] General Jose Faustino Jr., in his capacity as Officer-in-Charge of the Department of National Defense; [Ret.] General Ricardo F. de Leon, in his capacity as Director General of the National Intelligence Coordinating Agency; Lieutenant General Romeo Brawner, Jr., in his capacity as Commanding General of the Philippine Army; Major General Roy M. Galido, in his capacity as Acting Chief of Staff of the Philippine Army; Major General Romulo Manuel, in his capacity as Deputy Chief of Staff for Intelligence of the Armed Forces of the Philippines; and Brigadier General Nolasco A. Mempin, in his capacity as Deputy Chief of Staff for Civil Military Operations, to make a verified RETURN of this Writ of Amparo before the Court of Appeals within 72 hours after its service, together with this Resolution, and to COMMENT on the Petition within the same period. The RETURN, together with supporting affidavits, shall among other things contain the following:

(a) The lawful defenses to show that the respondents did not violate or threaten with violation the right to life, liberty and security of the petitioners, through any act or omission;

(b) The steps or action taken by the respondents to determine the fate or whereabouts of Elizabeth "Loi" Magbanua and Alipio "Ador" Juat, and the person or persons responsible for the threat, act, or omission;

(c) All relevant information in the possession of the respondents pertaining to the threat, act, or omission against the petitioners;

(d) The actions that have been or will still be taken: (i) to recover and preserve evidence related to the disappearance of Elizabeth "Loi" Magbanua and Alipio "Ador" Juat, which may aid in the prosecution of the person or persons responsible; (ii) to identify witnesses and obtain statements from them concerning the aforementioned disappearances; (iii) to determine the cause, manner, location and time of disappearance, as well as any pattern or practice that may have brought about their disappearance; (iv) to identify and apprehend the person or persons involved in their disappearance; and (v) to bring the suspected offenders before a competent court;

(4) GRANT the TEMPORARY PROTECTION ORDER, prohibiting the respondents from going within a radius of one (1) kilometer of the petitioners and their immediate family; and

(5) NOTE the Ex-Parte Manifestation/Explanation, dated 18 August 2022, filed by the petitioners.

Let a copy of the Writ and this Resolution, together with a copy of the Petition and its annexes, be served upon the respondents and the Court of Appeals by personal service." (adv26)

By authority of the Court:

(SGD.) MARIFE M. LOMIBAO-CUEVASClerk of Court