IN THE MATTER OF PETITION FOR WRIT OF AMPARO OF VIVIAN A

SANCHEZ

VIVIAN A SANCHEZ VS P/SUPT. MARC ANTHONY DARROCA ET. AL

G.R. NO. 242257, October 15, 2019

Facts: Eldie Labinghisa was a member of the New People’s Army who was
gunned down by the PNP. When Vivian Sanchez (wife of Eldie) came upon this
news she came to the funeral parlor to verify the news. From that day forward
she became the object of harassment of the PNP. The harassment were in the
following forms:

1. She was photographed at the funeral parlor and she got news that her
photograph was being circulated at the police station.

2. She was forced to reveal her husband’s name and cooperate otherwise the
PNP allegedly told her she will be put under surveillance and be charged with
obstruction of justice

3. She and her children were always being tailed or shadowed by

vehicles/someone in everywhere they go.

Vivian alleged that the PNPs surveillance of her and her family made them fear
for their safety and prevented them form going out of their house. Vivian filed a
writ of Amparo before the RTC. The RTC dismissed the petition. Vivian filed her
Petition for Review on Certiorari before the SC.

Issue: Whether or not Vivian Sanchez was able to prove with substantial
evidence her entitlement to the privilege of a writ of Amparo.

Held: She is entitled to the Writ of Amparo. The SC applied the “totality of
obtaining situation” The totality of the obtaining circumstances shows that
Vivian and her children were the subject of surveillance because of their
relationship with a suspected member of the NPA, creating a real threat to their
life, liberty, or property. A PERMANENT PROTECTION ORDER is issued
prohibiting the PNP from monitoring or surveilling Vivian Sanchez and her
children. The PNP is reminded to uphold the rights of citizens as contained in
the Constitution as well as conduct investigations in accordance with their
promulgated manuals including the Ethical Doctrine Manual.

Note: There appears to be a violation also of the PNP Ethical Doctrine Manual
(Chapter 3, Sec. 2.9) where it enjoins its police officers to respect human
dignity and human rights, and to judiciously use their authority in the
performance of duty. Reason: The police brusque treatment of Vivian,
threatening her with imprisonment and displaying her photo does not reflect
the professional and courteous image that the PNP wishes to convey as an
institution.