EN BANC
[G.R. No. 247533. July 2, 2019.]
RICARDO "ARDOT" PAROJINOG, petitioner, vs.POLICE DIRECTOR GENERAL OSCAR ALBAYALDE IN HIS CAPACITY AS THE CHIEF OF THE PHILIPPINE NATIONAL POLICE, POLICE CHIEF INSPECTOR JOVIE ESPENIDO, IN HIS CAPACITY AS THE CHIEF OF POLICE OF OZAMIZ CITY, JUDGE SOLIVER C. PERAS [IN] HIS CAPACITY AS THE ACTING EXECUTIVE JUDGE OF REGIONAL TRIAL COURT OF OZAMIZ CITY AND ALL OTHER PERSONS ACTING UNDER RESPECTIVE CONTROL, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution datedJULY 2, 2019, which reads as follows:
"G.R. No. 247533 (Ricardo "Ardot" Parojinog vs. Police Director General Oscar Albayalde in his capacity as the Chief of the Philippine National Police, Police Chief Inspector Jovie Espenido, in his capacity as the Chief of Police of Ozamiz City, Judge Soliver C. Peras [in]his capacity as the Acting Executive Judge of Regional Trial Court of Ozamiz City and all other persons acting under respective control). — Before Us is a Petition for a Writ of Amparo filed by Ricardo "Ardot" Parojinog (Ricardo) with prayers of Protection Orders and Temporary Restraining Orders to enjoin the Philippine National Police (PNP) and the Regional Trial Court (RTC) of Ozamiz City from transferring Ricardo to Ozamiz City and from commencing the proceeding of the cases filed against him. The petition was filed against Police Director General Oscar Albayalde (Albayalde) in his capacity as the Chief of the PNP, Police Chief Inspector Jovie Espenido (Espenido), in his capacity as the Chief of Police of Ozamiz City, Judge Soliver C. Peras in his capacity as the Acting Judge of the RTC of Ozamiz City, and all other persons acting under respective control (collectively referred to as respondents).
The Antecedent Facts
Ricardo alleged that on July 30, 2017 at around 2:30 a.m., members of the Regional Criminal Investigation and Detection Group (CIDG) together with the Misamis Occidental Police Provincial Office and the Ozamiz City Police Station headed by Espenido, raided the house of Ricardo's brother, Mayor Reynaldo Parojinog (Reynaldo). Ricardo learned that his brother Reynaldo, his wife, and fourteen others were murdered. Immediately thereafter, fearing for his life, Ricardo left the country and went into hiding.
Meanwhile, on May 21, 2018, the lawyer of the Parojinog family, former Prosecutor Geronimo Marave Jr., was gunned down also by unidentified personalities.
On May 23, 2018, Ricardo was arrested in Pingtung Country, Taiwan for violation of Immigration Law. Then, he was deported back to the Philippines on July 27, 2018 and was detained at the PNP Custodial Center in Camp Crame Quezon City.
Thereafter, on August 6, 2018, Ricardo's lawyer filed before the RTC Branch 15 of Ozamiz City a Motion to Hold in Abeyance and to Maintain the Custody of Ricardo in Custodial Center in Camp Crame, Quezon City. Also, on August 17, 2018, Ricardo's lawyer filed before the Office of the Bar Confidant a Petition for Change of Venue so as to transfer the cases of Ricardo from Ozamiz City to Metro Manila.
On September 14, 2018, the aforementioned Motion was granted in open court without any objection from Prosecutor Diosdado Cabrera, however it was not signed due to the sudden demise of Judge Edmundo Pintac, who was gunned down on October 8, 2018 by unknown personalities.
On December 6, 2018, a case of Pilferage of Electricity was filed against Ricardo. Hence, on March 5 and 6, 2019, respectively, his lawyer filed a Petition for Change of Venue before the Office of the Bar Confidant and a Motion to Hold in Abeyance and to Maintain the Custody of Ricardo in Custodial Center in Camp Crame, Quezon City.
In the Petition, Ricardo expressed his fear of being killed since it could easily be inferred that Espenido's mission is to eradicate the whole Parojinog Clan, considering that four (4) of his relatives were already killed, namely, Reynaldo, Susan Echavez-Parojinog, Octavio Parojinog Jr. and Mona Parojinog.
Ricardo alleged that he feared for his life and security and was prevented from going through the normal course of his day due to the continuous threats he received from those persons who want to kill him. Further, Ricardo alleged that his threat to life and security continues as the PNP made several attempts to know his whereabouts. Hence, the petition prayed for the following reliefs:
1. The issuance of a Writ of Amparo ordering respondents to desist from violating Ricardo's right to life, liberty and security;
2. The issuance of a Temporary Restraining Order to enjoin the PNP and the RTC of Ozamiz City from transferring Ricardo to Ozamiz City and from commencing the proceeding of the cases filed against him; and
3. The issuance of a Temporary Protection Order and after hearing the issuance of Permanent Protection Order against the respondents.
The Issue
Whether or not Ricardo is entitled to the issuance of a Writ of Amparo and subsequently the award of the interim reliefs.
The Ruling of the Court
The petition has no merit.
We note that there are pending cases against Ricardo for violations of Immigration Law and Republic Act No. 7832 or for Pilferage of Electricity. It can also be inferred that Ricardo is detained at PNP Custodial Center in Camp Crame, Quezon City pursuant to his Motion to Hold in Abeyance and to Maintain the Custody of Ricardo in Custodial Center in Camp Crame, Quezon City filed before the RTC Branch 15 of Ozamiz City. Under the rules of Section 22 of Writ of Amparo, A.M. No. 07-9-12-SC, it is specifically emphasized that no separate petition for the Writ of Amparo can be filed because of the previous commencement of criminal action, and the succeeding Section 23 states that when the criminal suit is filed subsequent to a petition for amparo, the petition shall be consolidated with the criminal action, wherein the amparo rule shall also govern the disposition of the relief as prayed for in the petition provided for by the rules. 1 Sections 22 and 23 of the amparo rules provide:
Sec. 22. Effect of Filing of a Criminal Action. — When a criminal action has been commenced, no separate petition for the writ shall be filed. The reliefs under the writ shall be available by motion in the criminal case.
The procedure under this Rule shall govern the disposition of the reliefs available under the writ of amparo.
Sec. 23. Consolidation. — When a criminal action is filed subsequent to the filing of a petition for the writ, the latter shall be consolidated with the criminal action.
When a criminal action and a separate civil action are filed subsequent to a petition for a writ of Amparo, the latter shall be consolidated with the criminal action.
After consolidation, the procedure under this Rule shall continue to apply to the disposition of the reliefs in the petition.
Moreover, Ricardo's purpose in filing of this petition is due to fear for his life and security, and in order to remain in the custody of the PNP Custodial Center in Camp Crame, Quezon City. Considering that Ricardo is in detention of the PNP Custodial Center, a government agency capable of keeping and securing his safety, his prayed interim relief of protection order would be useless. It is clear, therefore, that Ricardo is within the ambit of law and under the protection of law enforcement agencies.
Finally, We see no need to address and grant the other relief prayed for in this petition, specifically, the change of venue or to transfer the cases filed against Ricardo from Ozamiz City to Metro Manila, simply because the reliefs prayed for are adjudged in a different forum and not the proper subject of a petition for a Writ of Amparo.
Accordingly, this Court has no other recourse but to deny the instant petition.
WHEREFORE, the petition is hereby DISMISSED OUTRIGHT." Gesmundo, J., on official leave. (adv59)
Very truly yours,
(SGD.) EDGAR O. ARICHETAClerk of Court
Footnotes
1.Rubrico v. Macapagal-Arroyo, 627 Phil. 37, 100 (2010).