Biliran, Cheza Marie D.

Aberca v Ver
G.R. No. L-69866
Petitioner: Rogelio Aberca, et. al.
Respondent: Gen. Fabian Ver, et al.
Promulgated: April 15, 1988
Ponente: Yap, J.
Facts:
General Fabian Ver ordered Task Force Makabansa, an intelligent unit of the Armed Forces of the
Philippines, to conduct pre-emptive strikes against known communist-terrorist (CT) underground
houses in view of increasing reports about CT plans to sow disturbances in Metro Manila. Such
order caused the alleged illegal searches and seizures on petitioners and other violations of their
rights and liberties.
The said searches were done with defectively issued search warrants, personal items of petitioners
were taken, petitioners were arrested without the proper arrest warrants issued by the court, in some
times during their arrest, they were not allowed visitation by their relatives and attorneys,
petitioners were interrogated in violation of their rights to silence and counsel, military men who
interrogated them threatened them, and different means of torture and forms of violence were
imposed on them while trying to ask incriminating questions or confessions.
Petitioners filed a suit for damages in the Regional Trial Court, but was denied the same on the
grounds that the plaintiffs may not cause a judicial inquiry into the circumstances of their detention
in the guise of a damage suit because, as to them, the privilege of writ of habeas corpus is
suspended and that defendants are immune from liability for acts done in the performance of their
official duties. Hence, this petition.
Issue:
Whether or not the suspension of the privilege of the writ of habeas corpus bars a civil action for
damages for illegal searches conducted by military personnel and other violations of rights and
liberties guaranteed under the Constitution.
Ruling:
No, the suspension of writ of habeas corpus is not a bar for civil action for damages. The
respondents pursuit of preventing or suppressing lawless violence, insurrection, rebellion, and
subversion cannot be construed as a blanket license to transgress upon the constitutional rights and
liberties of the individual. The Constitution remains the supreme law of the land to which all
officials, civil or military, owe obedience to and allegiance at all times.

The suspension of the privilege of the writ of habeas corpus does not destroy petitioners'
right and cause of action for damages for illegal arrest and detention and other violations of
their constitutional rights. What is suspended is merely the right of the individual to seek
release from detention through the writ of habeas corpus as a speedy means of obtaining his
liberty.
Petition is DISMISSED.