REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

MANILA
BRANCH _____

IN THE MATTER OF THE

PETITION FOR THE WRIT OF
AMPARO IN FAVOR OF JUAN
DE LA CRUZ,

Sp. Proc. No. ________________

For: Writ of Amparo with prayers
for Protection Orders.
JUAN DELA CRUZ, represented by
JUANITA DELA CRUZ
Petitioner,

-versus-

JUSTIN A. JOSE,
Respondent.
x-------------------------------------------x

PETITION FOR THE WRIT OF AMPARO

(WITH PRAYERS FOR PROTECTION ORDERS)

Petitioners, by counsel, unto this Honorable Court, most

respectfully state that:

THE PARTIES

1. Petitioner is a Filipino citizen, of legal age, with postal

address at ______________________________________. For being the aggrieved
party and victim in this Petition, he may be served with pleadings and
other court processes through undersigned counsel.

2. Respondent is a Filipino citizen, of legal age, with postal

address at ____________________________. He may be served with pleadings
and other court processes through above-mentioned address.

ANTECEDENT FACTS

3. Petitioner JUAN DE LA CRUZ was abducted by ten (10)

armed men dressed in fatigues worn by members the Philippine

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military on the evening of ______________ in __________________. Petitioner
was then forced into a white vehicle bearing the plate number ‘________’
and was brought to a deserted warehouse in Manila. A copy of the video
still from a Closed Circuit Television (CCTV) camera from the night of
his abduction is attached hereto and made an integral part hereof as
Annex “A”.

4. (Continuation of facts. Must show elements. 1. Unlawful

acts and omissions committed by respondent and the extent thereof. 2.
Investigations conducted with specific details. 3. The remedies resorted
to by the Petitioner to determine the fate and whereabouts of the
aggrieved party/victim.) (Attach Annex if necessary)

5. (Continuation of facts.) (Attach Annex if necessary)

6. (Continuation of facts) (Attach Annex if necessary)

7. Since then and up to the present, the police and military

authorities have not done anything to investigate the Respondent for
the above-mentioned acts.

8. In view of the foregoing, it is CLEAR that the life, liberty, and

security of Petitioner has been gravely violated and threatened.
Currently, he is in a situation of REAL and IMMINENT danger.

9. Petitioner has exhausted all efforts legally available and

there is no other plain, speedy, and adequate remedy to protect his
rights except by the application of this Petition.

PRAYER

WHEREFORE, premises considered, Petitioner most respectfully

prays that:

1. A WRIT OF AMPARO BE ISSUED by this

Honorable Court;

2. Respondent JUSTIN A. JOSE be ORDERED TO

IMMEDIATELY RELEASE from his custody the
person of JUAN DE LA CRUZ to the latter’s
representative, JUANITA DELA CRUZ, if he is still
alive; or if already dead, TO SHOW THE PLACE
WHERE HIS REMAINS are placed or buried;

3. This Honorable Court ISSUE A PROTECTION

ORDER in favor of the Petitioner and his
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 representative, including all the members of their
immediate family against and from the Respondent
from doing any harm or approaching the above-
mentioned persons;

All such other reliefs, just and equitable under the premises are
likewise prayed for.

Respectfully submitted.

Quezon City for Manila, 15 October 2018.

By:

LAWYER’S NAME
PTR No. XXXXXXX; 01/17/2015; Quezon City
IBP No. XXXXX; 12/12/2018; Quezon City
Roll No. XXXXX
MCLE Compliance No. III-XXXXXXX; 08/08/2018

COPY FURNISHED:

(Mailing Address)

EXPLANATION FOR THE MODE OF FILING/SERVICE

(Pursuant to Sec. 11, Rule 13 of the Rules of Court)

The foregoing Petition is being served upon the Respondent by

registered mail, personal service being impracticable due to time,
distance, and personnel constraints.

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING
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 I, JUANITA DELA CRUZ, Filipina, of legal age, with address at
______________________________ hereby depose and state that:

1. I am the representative of JUAN DELA CRUZ, the Petitioner in

this case;

2. I have caused the preparation of the Petition in behalf of the

Petitioner and have read the contents thereof;

3. I hereby certify that all the allegations therein are true and
correct based on my own personal knowledge and authentic
records made available to me;

4. If we should hereafter learn that the same or similar action or

claim has been filed or is pending before the Supreme Court,
the Court of Appeals, or any tribunal or quasi-judicial agency, I
undertake to report such fact within five (5) days from such
knowledge to this Honorable Court.

IN WITNESS THEREOF, I have hereunto affixed my signature this

th
15 day of October 2018 at Quezon City, Philippines.

________________________________
JUANITA DELA CRUZ

Subscribed and sworn to before me this ________ day of ___________

2018, at ______________, the affiants exhibited to me their ___________________
valid until _________________ and __________________ valid until _________________.

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