Republic of the Philippines REGIONAL TRIAL COURT National Capital Region Quezon City

Transcription

1 Republic of the Philippines REGIONAL TRIAL COURT National Capital Region Quezon City RAYMOND E. MANALO, Plaintiff, - versus - CIVIL CASE NO.: For: Damages, with Attorney s Fees (RET) LT. GEN. HERMOGENES C. ESPERON, (RET) MGEN. JOVITO PALPARAN JR., (RET) MGEN. JUANITO GOMEZ, T/MSGT. RIZAL HILARIO ALIAS ROLLY CASTILLO, M/SGT. ARMAN, DONALD ALLAN CAIGAS MICHAEL DELA CRUZ, MADNING DELA CRUZ, PUTI DELA CRUZ, PULA DELA CRUZ, RANDY MENDOZA, RUDY MENDOZA, PABLO CUNANAN, JUNIOR LINGGASA, AMANG RAMIREZ, MARTI ADREANO, KAPITAN, PJ, PARUNGAO, KAYAT, ALIAS BARANGAY CAPTAIN, HEPE NG BARANGAY TANOD SAPANG SAN MIGUEL BULACAN, AND JOHEN DOES, Defendants. X / COMPLAINT Plaintiff, by counsel, respectfully states that: 1. Plaintiff is a Filipino citizen, of legal age, and a farmer with residence at Barangay Bohol na Manga, San Idelfonso, Bulcanan; 2. Defendants are for sure members of the Armed Forces of the Philippines with general headquarters at Camp Aguinaldo, EDSA, Quezon City where defendants can be served with summons and other court processes for defendants Hermogenes Esperon, Jovito Palparan, Jr., and Juanito Gomez who were the commanding generals of the 7 th Infantry Division, and can be served with summons at the Office of the Association

2 of Generals and Flag Officers (AGFO), Camp Aguinaldo, EDSA, Quezon City, except for MICHAEL DE LA CRUZ, MANDING DE LA CRUZ, JOSE DE LA CRUZ, PULA DE LA CRUZ, of Sitio Muzon, RANDY MENDOZA, RUDY MENDOZA, of Hulo, PABLO CUNANAN, JUNIOR LINGGASA of Luwasan, all of Bohol na Mangga, San Idelfonso, Bulacan where they can be served with summons and other court processes, MARTI ADRIANO, a certain KAPITAN; KONSEHAL PARUNGAO, AMANG RAMIREZ, a certain PJ, a certain KAYAT, the Barangay Captain in 2006 and the Barangay Tanod Chief in 2006 are all of Sapang, San Miguel, Bulacan where they can be served with summons and other court processes; 3. Defendants are public employees and/or officers while defendants Esperon, Palparan and Gomez was at the time of the incident a public officer and the commanding general of the 7 th Infantry Division, Fort Magsaysay,Laur, Nueva Ecija; 4. On February 14, 2006, defendants, by direct participation or as principals by induction through their orders and complicity, with other defendants with other unidentified men all armed with high power rifles abducted, kidnapped from his home at Bohol na Manga, Bulacan, detained, restrained plaintiff, RAYMUND E. MANALO of his liberty and was brought to different camps, detachments and a barangay hall in highly illegal and internationally condemned rendition of abductees; 5. Defendants, by direct participation or as principals by induction through their orders and complicity, tortured, mandhandled, cruelly and 2

3 inhumanely treated plaintiff with impunity and with depravity from February 14, 2006 up to August 13, 2007 or nearly a year and a half; 6. Defendants likewise forced plaintiff into involuntary servitude for nearly a year and a half; 7. Defendants likewise forced plaintiff to watch other people being tortured and killed during all the time he was abducted by defendants; 8. Plaintiff was detained illegally, without any charge, and without any lawful grounds under inhuman conditions, tortured, mentally and physically for ONE (1) year and 4 months until he escaped his captors in a daring escaped. 9. Within the same period above stated, the defendants also detained plaintiff incommunicado and without affording them the right to be heard by counsel or any member of their immediate families. 10. The defendants actuations of unlawfully depriving plaintiff of his liberty without lawful grounds and without charging him for any offense, searching his person, unlawfully detaining him incommunicado, and denying him visits by counsel or by members of their immediate family, and subjecting him to severe torture, humiliating torture and detaining him under inhuman conditions and subjecting him to further threats and torture or undue influence, intimidation and violence, with the view of eliciting from them admissions of guilt with respect to the crime of 3

4 rebellion, which constitute violations of rights and liberties of plaintiff, guaranteed and safeguarded by no less than the constitution and also constitute actionable torts in accordance with paragraph (4), (9) and first clause of paragraph (16) of Article 32 of the Civil Code. 10. Defendants acts, thus described, caused plaintiffs to suffer physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation and other similar injuries which though incapable of pecuniary estimation are the proximate result of the respondent s wrongful acts, in the amount of TWO HUNDRED FIFTY THOUSAND PESOS (P250,000). 11. Defendants should be taught a lesson entitling plaintiff exemplary damages in the amount of ONE HUNDRED THOUSAND PESOS (Ps. 100,000.00); 12. In view of the violations to the rights of herein plaintiffs and the injuries they incurred, plaintiffs were compelled to seek the assistance of counsel to institute the present suit of damages and a criminal complaint with the Office of the Ombudsman, thereby incurring at their expense, attorney s fees and the costs of the present litigation in the amount of FORTY FIVE THOUSAND PESOS (P45,000) and FIVE THOUSAND PESOS (P5,000), respectively. WHEREFORE, in accordance with paragraph (4), (9) and first clause of paragraph (16) of Article 32 of the Civil Code, plaintiffs respectfully 4

5 prays for judgment in their favor by ordering defendants to pay the amount of TWENTY FOUR THOUSAND PESOS (Ps. 24,000.00) as actual and compensatory damages, moral damages in the amount of ONE HUNDRED SEVENTY SEVEN THOUSAND PESOS (Ps. 177,000.00) AND attorney s fees and cost litigation in the total amount of FIFTY FIVE THOUSAND PESOS (Ps. 55,000.00). for. OTHER JUST AND EQUITABLE RELIEFS and remedies are prayed DONE. QUEZON CITY, PHILIPPINES. SEPTEMBER 12, 2008 REX J.M.A. FERNANDEZ PTR PTR , 1/10/08, Cebu Prov. IBP No Lifetime Member Roll No No. 1 Maaralin Street cor. Matatag Street, Brgy. Central, Quezon City Philippines Republic of the Philippines) Quezon City...) s.s. VERIFICATION AND CERTIFICATION RAYMOND E. MANALO, after having been sworn to in accordance with law, states and declares that he is the plaintiff in the above-entitled complaint, that he has caused the preparation of the above complaint and has read and knows the same; the allegations therein are true to his own personal knowledge, and he has not filed or commenced any action or proceeding involving the same issues nor is there any proceeding or action pending before the Supreme Court, Court of Appeals or in any tribunal or agency involving the same parties and issues, nonetheless, Plaintiff herein will file a criminal complaint with the Office of the Ombudsman against the defendants in the present complaint for damages, which criminal complaint pertains to the acts and omissions of defendants 5

6 amounting to violations of Article 124, and Article 296 of the Revised Penal Code and violations of the Republic Act No. 7438, paragraphs (a) and (b), Section 4 therein, but which complaint is of a different nature, being criminal, with the instant complaint for damages which is civil and involves different issues and prayers for relief; and in the event that Plaintiff would know that there is an action or proceeding involving the same issues and parties, he undertakes to notify this Honorable Court of the pendency of such action within five (5) days from knowledge thereof. RAYMOND E. MANALO SUBSCRIBED AND SWORN to before me this th day of SEPTEMBER 12, 2008, at Quezon City, Philippines by affiant showing his CTC No , issued on 9/12/08 at Quezon City, Philippines. 6