Gadian v. Ibrado G.R. Nos.

188163 & 188195 (Resolution) October 3, 2017

Facts:

Nedina Gadian-Diamante, is the older sister of Lt. SG Mary Nancy P. Gadian. She brought a petition for the issuance of
a Writ of Amparo in behalf of the latter before the SC, impleading as respondents various officers of the AFP. (Ibrado, Golez,
Ibanez, Cedo, Dacanay)

The SC issued the Writ of Amparo and directed the CA to hear and decide the petition. The Association of Major
Religious Superiors of the Philippines (AMRSP) manifested to the SC their willingness to provide sanctuary to Lt. SG Gadian.

Lt. SG Gadian was a commissioned officer of the Philippine Navy. At the time material to this case, she served as the Officer-In-
Charge of the Civil Military Operations (CMO) Fusion Cell for the RP-US Balikatan Exercises 2007. As such, she was responsible
for the allocation of Balikatan funds and the planning and preparation of the Civil Military Operations. Gadian asked for
assistance from her immediate supervisor Lt. Col. Bajunaid Abid and Lt. Col. Steve Crespillo. They learned that the Balikatan
Exercises 2007 had an approximate budget of P40 to P46 Million. They requested P4 Million to support the requirements of BK
CMOTG.

Out of the P4 Million approved budget, Lt. Col. Crespillo secured only P2.7 Million, and delivered P2.3 million thereof to BK
CMOTG on two separate occasions. Lt. Col. Crespillo retained P400K.The CMO held the opening ceremony where the funds for
food allowance were distributed to the participants.

Lt. SG Gadian was asked about the status of the funds during the staff conference presided by Col. Ibañez. When she reported
that the funds had been distributed to the recipients who were grateful for the support, Col. Ibañez shouted: You are not
authorized to distribute the funds! You should tell the people at GHQ that they should follow the proper channel!

She was then required to submit a fund utilization report, but Lt. Col. Crespillo told her not to submit the report to Col. Ibañez
because only the Exercise Directorate could require them to submit such report.

Thereafter, at the behest of Retired Lt. General Eugenio Cedo, Lt. SG Gadian was investigated for: (a) lavish spending; (b)
misuse of funds; and (c) willful disobedience. She was placed on floating status until her transfer to the Philippine Navy. Gadian
was arraigned and pleaded not guilty to the charges. She was absolved from liability by prosecution witnesses.

Lt. SG Gadian went on official ordinary leave. She received a message through text and email requiring her to report to Manila.
She flew to Manila and attended the hearing. She filed her resignation. Fearing for her life after her resignation, Lt. SG Gadian
went into hiding. Her sister sought the help of Archbishop Angel Lagdameo by delivering Lt. SG Gadian’s letter appealing for help
from the church, media, and all sectors of society. SG Gadian and her sister were interviewed by different media outlets on the
alleged misuse of RP-US Balikatan Exercises 2007 funds.

Since then, Lt. SG Gadian received text messages from concerned individuals warning her that people were conducting
surveillance at their house. Two attempts were even made to ‘snatch’ her en route to the hearing in Manila. All these were
testified to by her family members and people who were with her throughout her struggle.

An apprehension order was released for Lt. SG Gadian’s arrest, along with a “48 hour ultimatum” for her surrender. Again,
concerned individuals told her that there was a verbal shoot to kill order to silence her.

In its decision, the CA concluded that Lt. SG Gadian had presented substantial evidence to prove the existence of a threat on her
life, liberty and security but had not established the source of the threats.

The CA also held that Secretary of National Defense Gilbert Teodoro should be deemed the appropriate person to extend
protection to her as the aggrieved party inasmuch as he had executive supervision over the AFP even he did not engage in actual
military directional operations. Lt. SG Gadian assails this CA’s ruling arguing that although the protection could only be extended
to her through DND’s military personnel. Hence, she asks that the AMRSP be instead allowed to continue providing protection
and sanctuary to her; and that the Court provides all means necessary to AMRSP, specifically the accreditation of it as a private
institution or person capable of keeping and securing the aggrieved party under the Rule on the Writ of Amparo.
Issue:
1. Whether or not the issuance of the Writ of Amparo is proper
2. Who is in the best position to protect Gadian?

Held:
Issuance of Writ of Amparo

A writ of amparo is an independent and summary remedy to provide immediate judicial relief for the protection of a person’s
constitutional right to life and liberty. When a person is consumed by fear for her life and liberty that it completely limits her
movement, the writ may be issued to secure her. But that the source of this fear must be valid and substantiated by
circumstances, and not mere paranoia.

The writ of amparo is both preventive and curative. It is preventive when it seeks to stop the impunity in committing offenses
that violates a person’s right to live and be free. It is curative when it facilitates subsequent punishment of perpetrators through
an investigation and action. Thus, the writ of amparo either prevents a threat from becoming an actual violation against a
person, or cures the violation of a person’s right through investigation and punishment.

In this case, the CA has correctly determined the existence of the justification to warrant the issuance of the writ of amparo in
favor of Lt. SG Gadian.

While it is conceded that Lt. SG Gadian’s life was in actual danger, the possibility of danger must be acknowledged to exist. The
reason, as she claims, was her expose of the Balikatan Funds anomaly. Consequently, she has hereby sought a preventive writ
of amparo. Yet, as the CA also pointed out, Lt. SG Gadian did not exactly know who had threatened her, and merely points
towards the general direction of the military as the source of the threats.

It is noteworthy that the AFP already conducted its own investigation of the misuse of the Balikatan Fund. Despite the grant of
the petition for the writ of amparo brought at her instance, Lt. SG Gadian still opted not to participate in that investigation. Such
attitude could only reveal the lack of sincerity of her resort to the recourse of amparo.

Who is in the best position to protect Gadian?

Now, it becomes necessary for the Court to deal with the willingness and ability of the AMRSP to provide protection and
sanctuary to persons like Lt. SG Gadian who seek protection after filing their petitions for the writ of amparo.

Under the Rule on the Writ of Amparo, the persons or agencies who may provide protection to the aggrieved parties and any
member of the immediate family are limited to government agencies, and accredited persons or private institutions capable of
keeping and securing their safety, but in respect of the latter, they should be accredited in accordance with guidelines still to be
issued. The CA observed that the only official with the capacity to provide protection to Lt. SG Gadian at that time was
incumbent Defense Secretary Teodoro considering that the AMRSP, despite being her personal choice, was not yet an accredited
agency in the context of the Rule on the Writ of Amparo.

Although the CA did not err in its observation, the the SC feels that the AMRSP, which had manifested its willingness and
readiness to give sanctuary to Lt. SG Gadian, could have been a viable provider of protection and sanctuary to her. The viability
of the AMRSP, or of any other private or religious organization or person so disposed into taking a petitioner like Lt. SG Gadian
under its protection, should not be dismissed or ignored only because of the lack of accreditation, but should have been fully
determined by hearing the AMRSP thereon. The lack of accreditation should not have hindered but instead invited the holding of
the hearing.

The CA as the court hearing her petition for the writ of amparo, if satisfied by the qualifications of the AMRSP, could have
effectively entrusted her temporary protection to the still-to-be accredited AMRSP given the latter’s willingness and capability to
provide her the sanctuary she needed. To repeat, the lack of accreditation required by the Rule on the Writ of Amparo, which can
follow, should be a lesser concern.

Conclusion

As of today, the danger to the life and security of Lt. SG Gadian had already ceased, if not entirely disappeared. Also, the
individuals to whom she had attributed the threats to her life and liberty had since retired from active military service. These
circumstances are supervening events that have rendered the resolution on the merits of the consolidated appeals moot and
academic. Moot and academic cases cease to present any justiciable controversies by virtue of supervening events. The courts of
law will not determine moot questions, because it is unnecessary for the courts to indulge in academic declarations.

Thus, the SC dismissed the appeals for being now moot and academic.