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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


7th Judicial Region
Branch 19, Cebu City

IN THE MATTER OF THE


PETITION FOR THE WRIT OF
AMPARO IN FAVOR OF JUAN
DE LA CRUZ

JUAN DE LA CRUZ,
Petitioner,

SP. PROC NO. 233-22


-versus- For: WRIT OF AMPARO with Urgent
Prayer for issuance of Temporary
Protection Order, Inspection Order,
and Production Order

PRESIDENT RODRIGO R.
DUTERTE, P/DIR. GEN.
OSCAR ALBAYALDE,
PCSUPT. DEBOLD M. SINAS,
PSSUPT. CLARITO C. BAJA,
PSSUPT. ROYINA M.
GARMA, certain persons
known as KEEU, EARL, and
DAN.
Respondents.
x----------------------------------------x

PETITION FOR THE WRIT OF AMPARO


With Urgent Prayer for Issuance of a Temporary Protection Order,
Inspection Order, and Production Order
PETITIONER JUAN DE LA CRUZ, represented herein by his
mother Mrs. Juana de la Cruz, through counsel, unto this Honorable
Court, most respectfully state that:

1. Petitioner is a Filipino Citizen, of Legal Age and has temporary


residence in Cebu City and is the aggrieved party and victim in
this Petition and he can be served with processes of this
Honorable Court at his attorneys-in-fact and his lawyer’s
address at 20/F Ayala Center Cebu Tower
Bohol Street, Cebu Business Park
Cebu City
2. Respondents are: RODRIGO R. DUTERTE, the
President of the Philippines and who can be served with
summons and other court processes and matters at Malacañang
Palace, Manila, P/DIR. GEN. OSCAR ALBAYALDE, the
Director General of the Philippine National Police, and who can
be served with summons and other court processes and matters
at Camp Crame, EDSA, Quezon City, PCSUPT. DEBOLD
SINAS, the Regional Director of the Philippine National Police
Region Office VII, and who can be served with summons and
other court processes and matters at Camp Sergio Osmena, R.
Landon St, Cebu City, PSSUPT. CLARITO C. BAJA, Police
Director of The Province of Cebu, and who can be served
summons and other court processes and matters at Cebu Police
Provincial Office, Dona Modesta Gaisano St, Cebu City, and
PSSUPT. ROYINA M. GARMA, Police Director of the City of
Cebu, and who can be served summons and other court
processes and matters at Camp Sotero Cabahug, Cebu City,
Cebu, CERTAIN PERSONS WHO GO BY THE NAMES KEEU,
EARL, and DAN and they being members or officers of the
Philippine National Police can be served summons, court
processes and matters at Camp Sotero Cabahug, Cebu City,
Cebu,
3. That on the month of September 2018, various activities were
conducted in commemoration of the declaration of Martial Law
and by reason of which, petitioner, took part and sponsored
such activities and that respondents, on the same month, issued
a nationwide warning against university professors and
students who are perceived to engage in destabilization against
the government in the guise of their participation in Martial
Law commemoration activities.
4. That various persons were able to witness that during one of
the events where petitioner was one of the organizers, that
petitioner, while waiting for a jeepney outside the school
campus, was approached by several men in civilian attire and
that he was forced to by such men to ride into the waiting
vehicle and that one of the witnesses was able to observed that
the vehicle was driven by a police officer who was assigned at
PNP Regional Office VII, whom the witness was able to
recognized as one of her neighbor and that the waiting van had
a sticker at its windshield that says “PNP PRO-VII”
5. That by reason of such revelations, Mrs. De La Cruz,
accompanied by student witnesses, went to regional police
office at Camp Sergio Osmena, and inquired about her son and
that the attending police officer told her that Juan was simply
invited to shed light on the nature of the activities held in
commemoration of the Proclamation of Martial Law and that
he was released immediately after he was invited in the
afternoon of September 29, 2018.
6. That upon her request of any proof of invitation and the release
order, the police office refused to give her these documents
because it was merely a police invitation and that while she
was in the reception area of the police office, she saw the
petitioner’s school backpack with his name tag on it and that
upon asking the matter to the police on duty, she was merely
told that maybe Juan just forgot to bring it.
7. That after petitioner has been invited by such Police Officers, he
was not able to return home and that until now he is nowhere
to be found and that the last time he was seen was when he was
brought into the car bearing signs of the said Police.
8. That Petitioner has exhausted all efforts legally available and
that there is no other plain, speedy, and adequate remedy to
protect the rights of the victims except by this application for a
Writ of Amparo.
CLOSING STATEMENT

Life, liberty, and security.

There is no greater human desire than that of self-preservation. This


shared necessity, if some political theorists are to be believed, has
been the proximate cause to the creation of the state and its legal
mandate to protect and preserve these crucial individual rights.

The regrettable reality, however, is that the state is sometimes the


transgressor of these rights. Through the indispensable process of
delegation of authority, certain individuals are vested with the
incredible powers of the state through public office. Acknowledging
with honesty the truth of human frailty, it does not come as a
surprise why abuse of authority is common among those who hold
power.

The state, as a human institution and a reflection of humanity itself, is


not insusceptible to flaws and faults. But fallible as we are, there is no
reason to allow failure after failure. To remedy our own
shortcomings, there exists judicial mechanisms which are designed to
put a stop to this prevailing culture of abuse and impunity.

And this is what the instant Petition now wishes to seek, as it hereby
respectfully beckons this Honorable Court to put the Writ of Amparo
into operation in order to defend and uphold the right to life, liberty,
and security of Mr. Juan de la Cruz.

PRAYER

WHEREFORE, premises considered, it is prayed of this


Honorable Court after due notice and hearing, that:

1) Upon the filing of the instant petition, a Temporary Restraining Order


be issued restraining and enjoining, the respondents and their agents
and all persons acting on their behalf and/or under their direction and
control from doing any act geared towards implementing the assailed
alleged Decisions, Orders and writs, including the conduct of further
proceedings by respondent Court in the case below;
2) The instant Petition be given due course and the assailed Judgment,
Decisions, Orders, and writs be declared void;

3) After due consideration of petitioner’s application for a writ of


preliminary injunction, which should follow posthaste or as soon as
possible, a writ of preliminary injunction be issued restraining and
enjoining respondent Court from the conduct of further proceedings in
the case below, and all the respondents, including their agents, and all
persons acting on their behalf and/or under their direction and control
from implementing the assailed alleged Decisions, Orders and writs;
and

4) The preliminary injunction issued be made permanent.

Other reliefs just and equitable are likewise prayed for.

Cebu City. April 27, 2017.

Counsel for Petitioner:

JOHN ANTHONY F. ALMERINO


Roll of Attorneys No. 34936
IBP No. 872160 (Lifetime); Cebu City
PTR No. 5565067; 1/9/2015; Cebu City
MCLE Compliance No. IV-0024203; August 29, 2014

(Verification and Certification against Forum-Shopping follows.)


Republic of the Philippines….)
City of Cebu…………. ……...)
VERIFICATION AND
CERTIFICATION AGAINST FORUM SHOPPING

We, ______ , Filipinos, of legal age, and residents of Sitio Upper


Torre, Inayawan, Cebu City, Philippines 6000, after being duly sworn
to in accordance with law, do hereby depose and state that:

1. We are the Petitioners in the above-entitled Petition;

2. We have caused the preparation of the foregoing Petition


and have read all the allegations therein which are true and correct of
our personal knowledge;

3. We further certify that there is no pending action or


proceeding involving the same issues in the Supreme Court, Court of
Appeals, or any other tribunal or agency;

4. If we should thereafter learn that the same or similar


action is pending, we undertake to inform the Honorable Court of
this fact within five (5) days therefrom.

IN WITNESS WHEREOF, we have hereunto affixed my


signature this ___________________, at Cebu City, Philippines.

REYNALDO BACALSO JULIETA PAGLOMOTAN

NARCISO BERIAN BENJAMIN MONTEROLA

DOMINADOR BACALSO

SUBSCRIBED AND SWORN to before me this


______________ in Cebu City, Philippines. Affiant exhibited to me his
competent proof of identity written below his name and I have
personally examined herein affiant and I am convinced that he is the
same person who executed this Verification and Certification of Non-
Forum Shopping and that I am satisfied that he have fully read and
understood the contents hereof.

Witness my hand and seal.

Doc. No. ____;


Page No. ____;
Book No.____;
Series of 2017.

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