The Petition for Writ of Amparo

Petition filed and Writ issued

A petition for the writ of amparo was filed by May Wan Dominado and Rosemarie Arado on December 17, 2007 at the Regional Trial Court, Iloilo City. The case was assigned to Judge Narciso Aguilar of Branch 33. The writ was issued immediately. Preliminary conference was held Dec. 21. Atty. Perriera appeared as counsel for Supt. Wilfredo Dulay, PNP Regional Commander and Insp. Vicente Castor of Oton PNP.

Atty. Baterna submitted to the court on January 7 a copy of the report of UN Special Rapporteur on the Philippines Philip Alston.

Hearing January 14, 2008

Next hearing was held on January 14. Atty. Emmanuel Caluyo and 3 other lawyers of the Office of the Solicitor General entered appeareance as counsel for all public officials, except respondent Col. Mariano Perez. They moved for extension of time to consolidate the individual returns earlier submitted by the respondents. Next hearing was set for February 18, 2008.

On January 23, 2008, the OSG submitted to the court a Manifestation and Motion that the return submitted by respondents Police Chief Superintendent Wilfredo Dulay and P/Insp Vicente Castor (Oton PNP chief) be incorporated in the return that the OSG submitted to the court on January 9, 2008. In an order issued on Feb 8, 2008, the court granted the manifestation and motion.

Hearing February 18, 2008

On February 18 petitioners’ counsels submitted to the court a Comment/ Opposition to the respondents’ Return of the Writ and prayed to the court to deny such reply and compel respondents to produce the living bodies of Maria Luisa Dominado and Nilo Arado to the court. During the hearing the petitioners’ counsels called the attention of the court to the absence of any reply from respondent Col. Mariano Perez. The lawyers of the OSG told the court that they did not know of the whereabouts of respondent Col. Mariano Perez. Next hearing was set for March 26, 2008.

Hearing March 26, 2008

During the hearing on March 26, the petitioners’ counsels moved in open court for issuance of summonses to respondents Capt. Marquez and Col. Perez who could shed light on the disappearance of Dominado and Arado. The OSG opposed the motion. The judge (Narciso Aguilar) proceeded to the marking of exhibits and stipulation of facts (pretrial conference). Next hearing set for April 22, 2008.

No hearing was held on April 22 because of absence of the counsels for the respondents who reasoned that it was too late when they received the court order which set the date and time of the hearing.

Hearing May 27, 2008

Counsel for the petitioners manifested in court to be given time to file an omnibus motion to declare the respondents’ reply as general denial, among others. The court granted 10 days for this, and allowed a period of time for the respondents to comment on the petitioners’ motion. Next hearing set for July 21, 2008, 2 p.m.

Motion for extension of time to submit omnibus motion filed by petitioners’ counsel on June 10, 2008 for another 10 days.

On August 6, 2008, petitioners’ counsel received a court order for the continuation of the hearing on the amparo petition to have been held August 4, 2008.

On Sept. 11, 2008, a court order was received by the petitioners’ counsel dated August 4, 2008, resetting the hearing on the omnibus motion filed by the petitioners to October 1, 2008 on account of the absence of the petitioners and the respondents on that day (Aug 4).

On Nov. 4, 2008, a court order dated Oct. 20, 2008 was received by the petitioners’ counsel resetting the hearing to Nov. 19, 2008 since the date set for the last hearing, Oct. 1, 2008 was declared a holiday.

No hearing occurred on Nov. 19 because the judge was on leave. He issued an order on December 2, 2008 setting the hearing on February 24, 2009.

Hearing February 24, 2009

The counsels for the respondents were not present at start of the hearing. The court formally acknowledged receipt of the Omnibus Motion from the petitioners and the Opposition from the respondents, and informed those present that it will subsequently issue an order based on the merits of the pleadings submitted. Respondents’ counsels arrived in the court after the hearing was adjourned.