Remedial Law

Rodolfo Jun Lozada, Jr. vs. Pres. Gloria Macapagal-Arroyo

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G.R. Nos. 184379-80 – 686 Phil. 536 – 670 SCRA 545 – Remedial Law – Special Proceedings – Writ of Amparo – Amparo Rule only available to victims of extra-judicial killings and enforced disappearances

In 2008, the Senate was investigating the NBN-ZTE scandal. One of the resource persons subpoenaed was Rodolfo Jun Lozada, Jr. However, on the scheduled hearing, Lozada was not present. Upon order of the Senate, Lozada was arrested. Lozada now filed a petition for writ of amparo to question his detention as he alleged that there are threats to his security.

ISSUE: Whether or not the Amparo Rule is applicable in this case.

HELD: No. The privilege of the writ of Amparo is a remedy available to victims of extra-judicial killings and enforced disappearances or threats of a similar nature, regardless of whether the perpetrator of the unlawful act or omission is a public official or employee or a private individual.

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