SC grants writ of amparo sought by widow of an alleged NPA member

February 27, 2020

The Supreme Court ( SC) has granted the writ of amparo sought by a widow of an alleged member of the New People’s Army who was gunned down by policemen in Antique on 2018.

The SC also ordered the Philippine National Police to stop its monitoring and surveillance activities against her and two daughters.

Voting 8-5, with one abstention, the SC granted the petition of Vivian  Sanchez. Jr assailing the September 13, 2018 decision of San Jose, Antique Regional Trial Court of San Jose, denying her petition for a writ of amparo.

In a 19-page decision dated October 15, 2019, copy of which was released to the media only on Thursday, the SC through Associate Justice Marvic M.V.F Leonen also issued an order prohibiting members of the PNP from monitoring or surveilling petitioner Sanchez and her children  -- Scarlet Sanchez Labinghisa and Star Sanchez Labinghisa.

The SC also reminded the respondent police officers to uphold the rights of citizens as contained in the constitution as well as conduct investigations in accordance with their promulgated manuals including the Ethical Doctrine Manual.

“While pursuing rebels is a legitimate law enforcement objective, the zeal of our police must be bound by the fundamental rights of persons, especially the loved ones of persons in interest. After all, the values we have in our Constitution are what differentiate us from lawless elements,” the high court ruled.

Court records showed that on August 16, 2018, Vivian learned that her estranged husband, Eldie Labinghisa, was among seven alleged members of the New People’s Army (NPA) shot by the PNP in Barangay Atabay, San Jose, Antique.

When she went to the funeral home to verify the news of her husband’s death, police officers took her photos without her permission.

The following day, Vivian went back to the funeral home, where she was confronted by three police officers who threatened to apprehend and charge her with obstruction of justice if she refused to answer their questions.

Vivian hurried home without confirming the identity of her husband’s body.

Later that day, two police officers went to Vivian’s house and showed her a photo of a cadaver. She confirmed the dead body as Labinghisa. In the following days, Vivian noticed the frequent drive-bys of a police car in front of her house and a vehicle tailed her and her family when they went to Iloilo to attend her husband’s wake. She also noticed someone shadowing her when she was outside her house, causing her to fear for her and her children’s safety.

In resolving whether or not Vivian was able to prove with substantial evidence her entitlement to the privilege of a writ of amparo, the SC found that the totality of Vivian’s evidence undoubtedly showed that she became a person of interest after she had first visited the funeral home, where her photo was taken.

Respondent Police Officer 2 Nerissa A. De la Cruz tried to downplay the situation by claiming that Vivian’s photo was not "posted” in the police station, but she likewise did not deny telling Vivian that she saw the latter’s photo at the police station.

“Whether [Vivian]’s photo was actually posted and distributed at the police station or was just taken for future reference, the taking of the photo bolsters [Vivian]’s claims that she was being monitored by the police,” the SC noted.

The SC also said that Vivian and her 15-year old daughter, Scarlet, categorically stated that police cars have driven by their house with alarming regularity after Vivian had identified her husband’s body.

The high court also found that Police Superintendent Marc Anthony D. Darroca only issued a blanket denial that he did not direct his officers to tail or monitor Vivian and her family and failed to even present affidavits from his police officers to support his claim.

“The police, which had better resources to perform the investigation, should have done more to follow up her request. Their failure to exert the extraordinary diligence expected of them hints at a motive against her and her family,” the tribunal said.

The SC lamented that respondent police officers tried to paint Vivian’s claims as the ramblings of a paranoid and overly suspicious person when, in fact, even her daughter, Scarlet, confirmed the numerous times the police drove by their house and being tailed whenever they set foot outside their house.

The tribunal concluded that this only shows that Vivian was not merely imagining the threats against her and her family.

“The totality of obtaining circumstances likewise shows that Vivian and her children were the subject of surveillance because of their relationship with a suspected member of the New People’s Army, creating a real threat to their life, liberty or security,” the High Court declared.

As the widow of Labinghisa, the Court considered Vivian’s apprehension at being targeted as a suspected member of the NPA as palpable and understandable, causing her to “act suspiciously” as claimed by the respondent police officers, who subjected her to threats and accusations.

The SC also highlighted that the drive-bys and the tailings intensified after Vivian had identified her husband, belying Police Superintendent Darroca’s assertion that their investigation was innocuous.

On August 24, 2018, Vivian filed before the RTC of San Jose, Antique a Petition for writ of amparo against Police Superintendent Darroca, Police Superintendent Leo Irwin D. Agpangan, Police Chief Superintendent John C. Bulalacao, and the police officers under their authority.

She alleged that the police officers’ constant surveillance of her and her family made them fear for their safety and prevented them from going out of their house. She pointed out that if the conduct of surveillance and monitoring was for her and her family’s safety, then the police should have informed them of it beforehand.

The RTC issued the writ of amparo and a temporary protection order on August 28, 2018. It also directed the members of the PNP to file a verified written return. The police officers denied violating or threatening to violate Vivian and her family’s right to life, liberty, and security. They stressed that Vivian’s allegations were grounded on “baseless assumptions, hearsay, mistaken belief, speculations, impressions, and feelings.”

After a summary hearing was conducted, the RTC dismissed the petition for a writ of amparo on September 13, 2018. It held that Vivian failed to substantiate her assertion that she became a person of interest to the police after she had identified her husband’s dead body.

The lower court ruled that she was unable to specifically allege the police officers’ acts or the acts they sanctioned which threatened her security and liberty.

This prompted Vivian to file an appeal before Supreme Court assailing the RTC decision. DMS