Philippine Supreme Court Resolutions > Year 2012 > February 2012 Resolutions > [G.R. No. 200350 : February 21, 2012] AMINA HARAIN ABDURAHMAN, MARWA C. SIDDIK AND JASIYA JANA KASARAN v. ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF LT. JESSIE D. DELLOSA AND THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE PHILIPPINES (ISAFP) CHIEF BRIGADIER GENERAL CESAR RONNIE ORDOYO :

Please take notice that the Court en banc issued a Resolution dated FEBRUARY 21, 2012, which reads as follows:cralaw

"G.R. No. 200350 (Amina Harain Abdurahman, Marwa C. Siddik and Jasiya Jana Kasaran v. Armed Forces of the Philippines Chief of Staff Lt. Jessie D. Dellosa and the Intelligence Service of the Armed Forces of the Philippines (ISAFP) Chief Brigadier General Cesar Ronnie Ordoyo). - Before this Court is a Petition for the Issuance of the Writ of Amparo, which includes a prayer for the issuance of a temporary protection order (TPO) against respondents, directing them to refrain from issuing or carrying out any threat to the life, liberty and security of the aggrieved parties.

The relevant provisions of the Rule on the Writ of Amparo  provide: 

SECTION 1. Petition. - The petition for a writ of amparo  is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. 

The writ shall cover extralegal killings and enforced disappearances or threats thereof. 

SEC 14. Interim Reliefs. � Upon filing of the petition or at anytime before final judgment, the court, justice or judge may grant any of the following reliefs: 

(a) Temporary Protection Order. - The court, justice or judge, upon motion or motu proprio, may order that the petitioner or the aggrieved party and any member of the immediate family be protected in a government agency or by an accredited person or private institution capable of keeping and securing their safety. If the petitioner is an organization, association or institution referred to in Section 3 (c) of this Rule, the protection may be extended to the officers involved. xxx

In this case, the Petition is bereft of any reasonable indication that the military may have custody of the missing men. This Court cannot issue the writ of amparo or a TPO on the basis of bare claims that (a) the Armed Forces of the Philippines (AFP) may have abducted the three men because the latter were from Al-Barka, Basilan, where AFP Special Forces were massacred, and (b) the missing men may be in the hands of the AFP because they are not in the custody of the Philippine National Police. Petitioners' contention that the Commission on Human Rights purportedly received information that the men are detained by the Intelligence Service of the AFP is also an unsubstantiated allegation. It must be remembered that the Rule on the Writ of Amparo was not promulgated to allow the conduct of fishing expeditions. (Roxas v. Arroyo, G.R. No. 189155, 7 September 2010, 630 SCRA 211)cralaw

WHEREFORE, the Petition for the Issuance of the Writ of Amparo is DISMISSED.  The prayer for the issuance of a Temporary Protection Order is likewise DENIED."

Velasco, Jr., J., on official business.
Brion and Del Castillo, JJ., on leave.

Very truly yours,

(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court