Republic of the Philippines

Fifth Judicial Region

REGIONAL TRIAL COURT
Branch ____
Legazpi City

IN THE MATTER OF THE PETITION FOR THE WRIT

OF AMPARO IN FAVOR OF PEDRO MENDOZA
PEDRO VILLANUEVA,
Petitioner, SPEC. PRO No. ____________________________
For: Writ of Amparo with Prayers for
-versus-
Protection Order.

MAYOR ELIGIO MARCAIDA, CARDO VERSOZA alias

PINUNO, MARLON AGUILAR, JETHRO GARRIDO,
RYAN GUZMAN alias BABY BOY, and JUANITO
GAPUZ.
Respondent.
x---------------------------------------------------------------x
PETITION
PETITIONER, through Counsel, and unto this most Honorable Court, respectfully
avers:

1. Petitioner, PEDRO VILLANUEVA, is a Filipino Citizen, of legal age, married, with the
capacity to sue and to be sued, with residence and postal address at 528 Barriada, Legazpi
City, Albay, where he may be served with summons and other court processes;

2. Respondents, MAYOR ELIGIO MARCAIDA, CARDO “PINUNO” VERSOZA, MARLON

AGUILAR, JETHRO GARRIDO, RYAN “BABY BOY” GUZMAN AND JUANITO GAPUZ, all
Filipino Citizen, all of legal age with residence and postal address at 26-D Garalde
Compound, Barangay 4, Legazpi City, Bonot Legazpi City, Banadero, Legazpi City, Tagatay,
Camalig, Albay, respectively, where they may be served with summons and other court
processes;

3. On January 9, 2020, Pedro Villanueva, “Pedro” for brevity, a known journalist in Legazpi
City was abducted and kidnapped while parking his car along the alley of their subdivision
by 4 men wearing camouflage and black bonnets covering their faces and was forcibly
brought to a kubo.

4. Upon arrival on the said kubo, Petitioner Pedro underwent to an interrogation with his
hands and feet tied back to a chair and was tortured by numerous punches evidently scene
in the abdomen, face, and other parts of his body. Attached herewith is a medical certificate
marked as ANNEX “A”.
5. That the a so called “Pinuno”, who was acting as the leader, instructed the three other
respondents to rip off the clothing of Petitioner Pedro even his undergarment exposing his
genitals while being flooded in his face and whole body with water through a hose.

6. That the respondents countlessly threaten the Petitioner Pedro by pointing a gun to his
head, and/ or by pressing a knife to his neck and other vulnerable parts such as his genitals
and tongue.

7. That the respondents told Petitioner Pedro while being tortured to stop writing against
the Mayor or his alliances in the newspaper where the herein Petitioner works or else his
family will be endangered too.

8. That this torturous act went on for three days without giving him food or any intake. On
the fourth day, the Petitioner woke up with no one with him inside the kubo with his hands
and feet free from being tied.

9. That the Petitioner was able to walk for approximately 50 meters before he passed out.

10. That Petitioner Pedro was found by a certain ADOLFO CORTES, “Adolfo” for brevity, a
tanod who was doing a ronda on the barangay along the bushes beside a small alley and
was brought to the nearest hospital. Attached herewith is the affidavit executed by Adolfo
Cortes marked as “ANNEX B”.

11. The incident was immediately reported and was investigated on January 26, 2020 by
Police Inspector Rafael Dela Cruz, PO1 Arnulfo Solomon and PO1 James Valencia, all of
Legazpi City Police Station.

12. That in the initial report it was found out that the kubo where the incident happened is
located in Pinaric, Legazpi City. Also, it was discovered that the said land area where the
kubo stands on is owned by Mayor Marcaida. Attached herewith is the police investigation
report and marked as ANNEX “C”.

13. That the Petitioner in his affidavit, identified and testified that the respondents who were
responsible committing the mentioned offenses is the same person who serves as
bodyguards/ security of the said Mayor. He also stated that he is certain of the identities
of the respondents since he have seen them many times when he was conducting an
interview with Mayor Marcaida. Attached herewith is the affidavit of the Petitioner
marked as ANNEX “D”.

14. That the incident heavily caused trauma, depression and fear for his life to Petitioner
Pedro.

15. That the life, liberty and security of the Petitioner have been threatened by the abductors
and kidnappers and are in real imminent danger and threat;
16. That Petitioner Pedro has exhausted all the efforts legally available and that there is no
other plain, speedy, and adequate remedy to protect the rights of the victim except by
application for a Writ of Amparo.

WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable

Court that a WRIT OF AMPARO ORDERING THE RESPONDENTS, MAYOR ELIGIO MARCAIDA,
CARDO VERSOZA alias PINUNO, MARLON AGUILAR, JETHRO GARRIDO, RYAN GUZMAN
alias BABY BOY, and JUANITO GAPUZ.

FUTHERMORE, it is likewise most respectfully prayed unto this Honorable Court to

issue a Protection Order in favor of the Petitioner PEDRO VILLANUEVA and his family against
and from the respondents and to enjoin the respondents from doing harm or even
approaching the said persons.

Other reliefs just and equitable are also prayed for.

Legazpi City, Albay. February 28, 2020.

FERNANDEZ LAW OFFICE

Door No. 567, No. 317, Peñaranda Ext. St., Bonot,
Legazpi City, 4500.
Mobile No: 0912-34-45-678
Land Line No: (052) 480-5566
Email Add: [email protected]

Atty. Roger L. Fernandez

Roll No: 678902
IBP Lifetime No: 103649/16June 2020/Albay Chapter
PTR No: 9014350/03Jan2020 / Legazpi City
MCLE Compliance No. V-0005788/2Feb2015

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

I, PEDRO VILLANUEVA, of legal age, married with residence and postal address at 528
Barriada, Legazpi City, Albay after having been duly sworn to in accordance with law, depose
and say that:

1. That I am the Petitioner in this case.

2. That I caused the preparation of the foregoing PETITION, the contents of which are
true and correct of my personal knowledge and/or based on authentic records;
 3. That I have not heretofore commenced any action or filed any claim involving the
same issues in any court, tribunal or quasi-judicial agency and to the best of my
knowledge, no such action or claim is pending therein, if I should hereafter learn
that the same or similar action or claim has been filed or pending, I shall report
that fact within five days therefrom to this Honorable Court.

FURTHER I SAYETH NOT.

PEDRO VILLANUEVA
Competent Evidence of Identity: __________

SUBSCRIBED AND SWORN to before me this _____________, at Legazpi City the above
affiant exhibiting to me his competent evidence of identity.

WITNESS MY HAND AND SEAL.

Notary Public
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2020.

Table of Attachments:

ANNEX A Medical Certificate dated January 25, 2020.

ANNEX B Affidavit of Adolfo Cortes
ANNEX C Police Investigation Report dated January 26, 2020.
ANNEX D Affidavit of Pedro Villanueva