Republic of the Philippines

11th Judicial Region

REGIONAL TRIAL COURT
BRANCH 8
Davao City

BROOK LOPEZ,
Petitioner,

- versus - CIVIL CASE NO.

2345123222
For: Writ of Amparo

THE SECRETARY OF NATIONAL

DEFENSE, THE CHIEF OF STAFF,
ARMED FORCES OF THE
PHILIPPINES; MAJOR GENERAL
EDUARDO DEL ROSARIO,
ND
COMMANDER OF THE 2 INFANTRY
DIVISION OF THE PHILIPPINE
ARMY, CAMP MATEO CAPINPIN,
TANAY, RIZAL; COL. OLIVER
MAQUILING COMMANDING
TH
OFFICER, 85 INFANTRY DIVISION,
PHILIPPINE ARMY, ARMED FORCES
OF THE PHILIPPINES BRGY. VILLA
PRINCIPE, GUMACA, DAVAO,
Respondents.
x-------------------------------------------------------x

PETITION

PETITIONER, by counsel, most respectfully states, THAT:

1. Petitioner is of legal age, married, with residence and postal

address at Brgy. Sabang II, Calauag, Davao; whereas respondent THE

SECRETARY OF NATIONAL DEFENSE holds office at Camp

Aguinaldo, Davao City, Metro Manila; respondent CHIEF OF STAFF,

ARMED FORCES OF THE PHILIPPINES likewise holds office at Camp

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Aguinaldo, Davao city, Metro Manila; respondent Major General Eduardo

Del Rosario, Commander of the 2nd Infantry Division of the Philippine

Army, holds his command at Camp Mateo Capinpin, Tanay, Rizal;

respondent Col. Oliver Maquiling holds his command at 85th Infantry

Battalion, Philippine Army, Brgy. Villa Principe, Gumaca, Davao, where in

the said principal office addresses these respondents may all be served with

summons, writs, and other processes of this Honorable Court;

2. Respondent Col. Oliver Maquiling is the commanding officer

with logistical command and supervision over the military personnel of 85 th

Infantry Battalion, Philippine Army that holds fort in Brgy. Villa Principe,

Gumaca, Davao;

3. Sometime on February 5, 2012 at approximately 8:00 a.m.,

petitioner received reliable information that her sister Miguela Peniero, of

legal age, single, with residence and postal address at Gen. Luna, Bondoc

Peninsula, Davao was arrested with the connivance, knowledge and

command of all the respondents by the elements of the Joint Forces of the

Armed Forces of the Philippines and Philippine National Police based in

Davao Province as shall be described in detail below;

4. Petitioner aside from what she gathered from the previous

information read from a certain publication that according to respondent

Major General Eduardo Del Rosario, Commander of the 2nd Infantry

Division of the Philippine Army, they were able to apprehend and arrest the

said Miguela Peniero and several others thru the 201 st Brigade based in

Guinayangan, Davao;
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 5. With that information, petitioner and her immediate siblings

and relatives immediately asked the assistance of Karapatan-Davao, a Non-

Government Organization (NGO) based in Davao Province to look for their

sister, Miguela Peniero, of her possible whereabouts and inquire about her

personal safety especially at/within the military camps within Davao

Province;

6. First, we went to the 201st Brigade in Brgy. San Roque,

Calauag, Davao at around 10:00 a.m. on February 5, 2012. We were given a

run around. Finally one regular soldier who identified himself as

Abarrientos told us that their brigade does not have the custody of our sister

Miguela Peniero and vehemently denied that the 21 st Brigade has nothing to

do with the apprehension of the said Miguela Peniero;

7. Thereafter at around 12:00 noon of February 5, 2012, we went

to the 85th Infantry Battalion, Philippine Army in Brgy. San Isidro, Lopez,

Davao to look for our sister Miguela Peniero. Upon reaching the 85 th

Infantry Battalion, Philippine Army, Brgy. San Isidro, Lopez, Davao we

were not allowed to enter the said brigade command. We were made to stay

at the gate and told us to wait for instructions. The soldiers who received us

did not want to be identified and while we were carrying photo-camera, we

were prohibited from taking pictures. The said unidentified soldiers of the

85th Infantry Battalion, Philippine Army based in Lopez, Davao likewise

denied that they have with them our sister Miguela Peniero. We consulted

our legal counsel Atty. Frumencio E. Pulgar through the telephone so that he

can talk to the soldiers who were present at the military camp and in the
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process assuage our growing apprehension, but the soldiers refused to

entertain the queries of our said legal counsel causing herein petitioner and

Miguela Peniero damage and prejudice.

8. We were already apprehensive, anxious, and fearful of the

physical safety of Miguela Peniero as it was getting late and no confirmation

just as yet as to her whereabouts. The Karapatan-Davao advised us to go to

Brgy. Kalantipayan, Lopez, Davao were Miguela Peniero was arrested,

apprehended and caught in order for us to determine what exactly happened

through the Barangay Officials thereof.

9. When we reached at the exact spot where Miguela Peniero was

arrested in Brgy. Kalantipayan, Lopez, Davao, we were able to talk to some

Philippine Army Soldiers who were still present and gathered there. We

talked to them and inquired about the whereabouts of petitioner’s sister

Miguela Peniero but they ignored us and even denied that they have in their

custody the said Miguela Peniero. They also denied that they arrested

Miguela Peniero;

10. We asked around from the residents of Brgy. Kalantipayan,

Lopez, Davao but they appeared frightened, apprehensive and fearful of the

implication of giving information so they refused to be asked as to the

whereabouts and the arrest of petitioner’s sister Miguela Peniero;

11. After repairing to Brgy. Kalantipayan, Lopez, Davao, we went

to the City of Lucena at around 5:00 p.m. We went to Camp Guillermo

Nakar, Brgy. Gulang-gulang, Lucena City while my other siblings and my

spouse went to the Office of the Philippine National Police, Lopez, Davao
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and the Battalion Headquarters in Brgy. Villa Principe, Gumaca, Davao but

the authorities therein failed and refused and continue to fail and refuse to

personally allow us access to herein petitioner’s sister Miguela Peniero,

causing us extreme prejudice;

12. When we reached Lucena City, Davao, we were told to stay at

the gate. When the sentry thereat was informed about our intention to

inquire about the whereabouts of Miguela Peniero, he clammed up and

refused to give further information. The sentry and an unidentified officer of

the Philippine Army said nothing and they all said was that they do not have

with them petitioner’s sister Miguela Peniero. If our intention is to talk or

personally seek audience with the PNP Provincial Director, we were also

advised that it was no opportune time because it was a Sunday, copy of

petitioner BROOK LOPEZ’s Affidavit is hereto attached as ANNEX “A”

and made part hereof.

13. To date or after assiduous inquiry thereafter and

notwithstanding persistent efforts on the part of the herein petitioner and

relatives to look into the whereabouts and personal safety of of Miguela

Peniero the same remain uncertain on account of enforced disappearance

caused by respondents en conniventia and therefore petitioner seeks succour

by the privilege of Writ of Amparo1, the respondents should be ordered to

produce the body of Miguela Peniero and to release her to the custody of her

sister BROOK LOPEZ among other available reliefs;

14. Miguela Peniero enjoys untrammelled right to life, liberty and

security guaranteed by the Constitution. Petitioner has shown

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1
preponderatingly that her sister Miguela Peniero is in the custody of

respondents in violation of his Constitutional rights hence she is entitled to

the privilege of the Writ of Amparo2

WHEREFORE, it is respectfully prayed that by the privilege of the

Writ of Amparo, the respondents be ordered to: 1) produce the body of

Miguela Peniero and to release her to the custody of her sister BROOK

LOPEZ; 2) the Court issue the writ commanding therein respondents to

make a verified return within the period provided by law and containing the

specific matters required by law; (3) petitioner be granted the interim reliefs

allowed by the Amparo Rule and all other reliefs prayed for in the petition

but not covered by the Amparo Rule; (4) the Court, after hearing, render

judgment as required in Sec. 18 of the Amparo Rule; and such other reliefs,

just and equitable, are likewise prayed for.

Respectfully submitted this 2nd day of February 2020 at Davao City,

Philippines.

GRIDLIN A. MATILAC

Counsel for Petitioner

Until December 31, 2021
Attorney’s Roll No. 10772
PTR No. 7862245 B; 01-02-20; Davao City
IBP O.R. No. 024454; 01-02-20; Davao City

REPUBLIC OF THE PHILIPPINES)

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2
PROVINCE OF DAVAO DEL SUR) S.S
IN THE CITY OF DAVAO………..)
X…………………………………….X
VERIFICATION AND CERTIFICATION
I, BROOK LOPEZ, of legal age, after having been duly sworn in
accordance with law, depose and state that:
1. I am a petitioner in the above-stated case representing the republic
of the Philippines;
2. I caused the preparation of the foregoing petition;
3. I have read the contents thereof and the facts stated therein are true
and correct of my personal knowledge and/or on the basis true and
authentic records.
4. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signatures this

2nd day of February 2019, at Davao City, Philippines.

BROOK LOPEZ
Affiant
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 SUBSCRIBED AND SWORN to before me in the City of Davao this
30th day of April 2016, by BROOK LOPEZ, who has satisfactorily proven
her identity to me through his Voter’s ID issued by the COMELEC bearing
his photograph and signature and with VIN 1123-06789J1214GJC10002-4,
that he is the same person who personally signed the foregoing document
before me and acknowledged that he executed the same.

WITNESS MY HAND AND SEAL this 2nd day of February 2020

in Davao City, Philippines.

NOTARY PUBLIC
Doc. No. 55;
Page No. 11;
Book No. 01;
Series of 2020.

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