Aberca v Ver

Biliran, Cheza Marie D.

Aberca v Ver G.R. No. L-69866 Petitioner: Rogelio Aberca, et. al. Respondent: Gen. Fabian Ver, et al. Promulgated: April 15, 1988 Ponente: Yap, J. Facts: General Fabian Ver Ver ordered Task Force Makabansa, an intelligent unit of the Armed Forces of the Philippines, to conduct pre-emptive strikes stri kes against known communist-terrorist (CT) underground houses in view of increasing reports about CT plans to sow disturbances in Metro Manila. Such order caused the alleged illegal searches and seizures on petitioners and other violations of their rights and liberties.

The said searches were done with defectively issued search warrants, personal items of petitioners were taken, petitioners were arrested without the proper arrest warrants issued by the court, in some times during their arrest, they were not allowed visitation by their relatives and attorneys,  petitioners were interrogated in violation of their rights to silence and counsel, military men who interrogated them threatened them, and different means of torture and forms of violence were imposed on them while trying to ask incriminating questions or confessions. Petitioners filed a suit for damages in the Regional Trial Court, but was denied the same on the grounds that the plaintiffs may not cause a judicial inquiry into the circumstances of their detention in the guise of a damage suit because, as to them, the privilege of writ of habeas corpus is suspended and that defendants are immune from liability for acts done in the performance of their official duties. Hence, this petition. Issue: Whether or not the suspension of the privilege of the writ of habeas corpus bars a civil action for damages for illegal searches conducted by military personnel and other violations of rights and liberties guaranteed under the Constitution. Ruling:  No, the suspension of writ of habeas corpus is not a bar bar for civil action for damages. The respondents’ pursuit pursuit of preventing or suppressing s uppressing lawless violence, insurrection, insurre ction, rebellion, and subversion cannot be construed as a blanket license to transgress upon the constitutional rights and liberties of the individual. The Constitution remains the supreme law of the land to which all officials, civil or military, owe obedience to and allegiance at all times.

The suspension of the privilege of the writ of habeas corpus does not destroy petitioners' right and cause of action for damages for illegal arrest and detention and other violations of their constitutional rights. What is suspended is merely the right of the individual to seek release from detention through the writ of habeas corpus as a speedy means of obtaining his liberty. Petition is DISMISSED.