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Petition For Writ of Amparo
Petition For Writ of Amparo
SUPREME COURT
Manila
JOSE C. DIMASUPIL,
Petitioner,
-versus-
BISE PANGULO-PRESIDENTE,
AFP GENERAL AUGUSTUS PANDIK,
COLONEL JULIO OTSERA AND
CAPTAIN JUN BAGANSYA,
Respondents.
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.
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.
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