Remedial Law

Pedro Agcaoili, Jr. vs Rodolfo Fariñas

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G.R. No. 232395 – 835 Phil. 405 – 870 SCRA 285 – Remedial Law – Special Proceedings – Writ of Amparo – Amparo Rule proper only in extralegal killings and enforced disappearances

Congressman Rodolfo Fariñas conducted an inquiry in aid of legislation. The Committee on Good Government and Public Accountability wanted to know how the Provincial Government of Ilocos Norte utilized its shares from the excise taxes on locally manufactured cigarettes for a purpose other than that provided for by RA 7171 (Virginia Tobacco Law).

Pedro Agcaoili, Jr. were among the resource persons invited in the inquiry. Allegedly, during the inquiry, members of the Committee threatened and intimidated Agcaoli et al. Some of them were even cited in contempt and were ordered detained.

Fearing for their liberty, Agcaoili et al. filed with the CA a petition for writ of amparo to protect them from the alleged actual violations of their rights to liberty and security.

ISSUE: Whether or not the remedy of amparo is proper.

HELD: No. The remedy of amparo, in its present formulation, is confined merely to instances of “extralegal killings” or “enforced disappearances” and to threats thereof.

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