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JurisprudenceG.R. No. 188163 -

GEN. VICTORS. IBRADO, AFP; VICE ADMIRAL FERDINAND S. GOLEZ, PN; COL. JOEL IBAÑEZ, PA; AND LTC ANTONIO DACANAY, PA, VS. NEDINA GADIAN-DIAMANTE.

En Banc

Cited Laws

RA 242,RA 104,RA 536,RA 640,RA 692,
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TL;DR — Ruling

WHEREFORE, the Court finds and directs that - (a) petitioner has established by substantial evidence that there is threat to life, liberty and security to the aggrieved party, Lt. SG Mary Nancy Gadian and thus, she is entitled to the benefits of a protection order under A.M. No.

Decision

Ruling

WHEREFORE, the Court finds and directs that - (a) petitioner has established by substantial evidence that there is threat to life, liberty and security to the aggrieved party, Lt. SG Mary Nancy Gadian and thus, she is entitled to the benefits of a protection order under A.M. No. 07-9-12 SC (The Rule on the Writ of Amparo ). The Secretary of National Defense is hereby directed to extend the protection to the aggrieved party by adopting necessary measures and employing such personnel to ensure no impairment of the right of the aggrieved party, Lt. SG Mary Nancy P. Gadian to life, liberty and security; (b) for lack of basis, petitioner's prayer that respondents be directed to refrain from issuing or carrying out any threat to life, liberty and security of the aggrieved party, Lt. SG Mary Nancy P. Gadian, is denied; and (c) respondent General Ibrado shall comply strictly with his undertaking to provide material facts of the investigation conducted by the Flag Officer of the Philippine Navy and the Commander of the WESTMINCOM pursuant to his directive issued on May 26, 2009 relative to the circumstances of the threats to the life, liberty and security of the aggrieved party, Lt. SG Mary Nancy P. Gadian, and to bring those responsible, including military personnel, if shown to have participated or had complicity in the commission of the acts complained of, to the courts of justice. Within five (5) days from receipt of this Decision, a report of the results of the investigation shall be submitted to the Court. Let a copy of this Decision be served personally on the Secretary of National Defense. SO ORDERED.