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  • Petition For Writ of Amparo

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    Geymer Ihmil
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    1) Jose Dimasupil, a customs officer, was arrested without charge by 8 armed men at a golf tournament and detained for 5 days at a military base where he was interrogated about a drug shipment. 2) After his release, Dimasupil continued to be harassed by men on a motorcycle and interrogated by text message about the drug shipment. 3) Dimasupil filed a petition for a writ of amparo, seeking a protection order against the respondents to stop the harassment and return personal items that were seized, as his rights to life, liberty, and security have been threatened.

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    PETITION FOR WRIT OF AMPARO

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    1) Jose Dimasupil, a customs officer, was arrested without charge by 8 armed men at a golf tournament and detained for 5 days at a military base where he was interrogated about a drug shipment. 2) After his release, Dimasupil continued to be harassed by men on a motorcycle and interrogated by text message about the drug shipment. 3) Dimasupil filed a petition for a writ of amparo, seeking a protection order against the respondents to stop the harassment and return personal items that were seized, as his rights to life, liberty, and security have been threatened.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    38 views4 pages

    Petition For Writ of Amparo

    Uploaded by

    Geymer Ihmil
    1) Jose Dimasupil, a customs officer, was arrested without charge by 8 armed men at a golf tournament and detained for 5 days at a military base where he was interrogated about a drug shipment. 2) After his release, Dimasupil continued to be harassed by men on a motorcycle and interrogated by text message about the drug shipment. 3) Dimasupil filed a petition for a writ of amparo, seeking a protection order against the respondents to stop the harassment and return personal items that were seized, as his rights to life, liberty, and security have been threatened.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 4

    Republic of the Philippines

    SUPREME COURT
    Manila

    JOSE C. DIMASUPIL,
    Petitioner,

    -versus-

    BISE PANGULO-PRESIDENTE,
    AFP GENERAL AUGUSTUS PANDIK,
    COLONEL JULIO OTSERA AND
    CAPTAIN JUN BAGANSYA,
    Respondents.

    PETITION FOR WRIT OF AMPARO WITH PRAYERS FOR


    PROTECTION ORDER

    PETITIONER, through Counsel, and unto this Most Honorable Court, respectfully avers:

    1. That petitioner was a Customs Operations Officer of Operations Division of the Port of
    Batangas from June 30, 1998 to June 30, 2002;

    2. That petitioner, on June 25, 2001, was in Malarayat Golf and Country Club in Lipa City
    as a participant in a golf tournament thereat;

    3. That after his first swing, eight (8) armed men with strong evidence of being military
    personnel arrived at the golf course;

    4. That petitioner was arrested and detained by the armed men at Fernando Air Base without
    charges;

    5. That petitioner’s Samsung Galaxy Tab and journal was seized from him during detention;

    6. That petitioner was relentlessly interrogated for 5 days regarding the apprehension of six
    containers in the Port of Batangas containing “shabu” and was only released at Lipa City
    after being made to sign a statement that he would be a military asset;

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    7. That after petitioner’s release, the harassment continued as 2 hooded men in a motorcycle
    tailed him from his residence in Lipa City up to his office in Batangas City;

    8. That harassment persisted on nights of July 13th and 15th of the same year when a certain
    Captain Jun Bagansya kept on interrogating him through text messages regarding the
    apprehended shabu shipment in the Port of Batangas;

    9. That the military authorities and the Office of the President have not done anything to
    investigate their personnel in the commission of this dastardly crime and if any
    investigation was made, the investigation was shallow and pro-forma without any
    intention of really solving the crime;

    10. That petitioner’s right to life, liberty and security as dictated by Article III of the 1987
    Constitution and Article 3 of the Universal Declaration of Human Rights are greatly
    threatened by the illegal arrest and seizure of the person and effects of petitioner;

    11. That under Article 9 (1) of the International Covenant on Civil and Political Rights states
    that “Everyone has the right to liberty and security of person. No one shall be subjected
    to arbitrary arrest or detention. No one shall be deprived of his liberty except on such
    grounds and in accordance with such procedure as are established by law”; and that in the
    event of such, Article 9 (4) thereof entitles the victim to take proceedings before a court;

    12. 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.

    PRAYER

    WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court
    that a WRIT OF AMPARO be issued and rule, as follows: 

    1. This Most Honorable Court to issue a Protection Order in favor of PETITIONER JOSE
    C. DIMASUPIL; 

    2. Order the RESPONDENTS to enjoin from doing harm and harassments or threats thereof;

    3. Finally, order the RESPONDENTS to return to PETITIONER the Samsung Galaxy Tab and
    journal which was taken from him.

    Other reliefs just and equitable under the premises are likewise prayed for.

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    DONE. QUEZON, CITY, PHILIPPINES. OCTOBER 5, 2002.

    JAYRELL RADLYN A. CASTOR

    PTR 1005995, 10/05/01, Prov. Batangas


    LIFETIME MEMBER NO. 02142,
    Batangas. Ground Flr., CLC Bldg., St.
    Thomas St., Barangay Balele, Lipa City
    Roll 100517, Page 528, Book XV MCLE
    Compliance II 231709, 3/12/02

    VERIFICATION AND CERTIFICATION

    I, JOSE C. DIMASUPIL, of legal age, a resident of Lipa City, after having sworn to in
    accordance with law, do hereby depose and state that: I am the Petitioner in the above-entitled
    Petition; I have caused the preparation of the above Petition and has red and knows the same; the
    allegations therein are true and correct of my own personal knowledge; I have not filed nor
    commenced any action or proceeding involving the same issues nor is there any proceedings or
    action pending before the Supreme Court, Court of Appeals, or in any tribunal or agency with
    the same issues and parties and in the event the Petitioner would know that there is an action or
    proceeding involving the same issues or parties, I undertake to notify this Honorable Court of the
    pendency of the said action within five (5) days from knowledge thereof.

    JOSE C. DIMASUPIL

    SUBSCRIBED AND SWORN to before me this 3rd day of October, 2003, in Lipa City,
    affiant exhibiting to me his Voters ID No. 12345 issued by the Commission on Elections on
    January 1, 2000 at Lipa City.

          ATTY. MARIA CLARINA LANDICHO


    Notary Public
    PTR 0209995, 10/05/01, Prov. Batangas
    LIFETIME MEMBER NO. 020995,
    Batangas. Ground Flr., CLC Bldg., St.
    Thomas St., Barangay Balele, Lipa City
    Roll 020995, Page 528, Book XV MCLE
    Compliance II 231709, 3/12/02

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