Gadian vs. Librado

SUPREME COURT REPORTS ANNOTATED 841 2/7/24, 9:21 PM
G.R. No. 188163. October 3, 2017.*
LT. SG MARY NANCY P. GADIAN, petitioner, vs. ARMED

FORCES OF THE PHILIPPINES CHIEF OF STAFF LT.
GEN. VICTOR IBRADO; PHILIPPINE NAVY FLAG
OFFICER IN COMMAND VICE ADMIRAL FERDINAND
GOLEZ; COL. JOEL IBAÑEZ, CHIEF OF STAFF OF THE
WESTERN MINDANAO COMMAND; LT. COL. ANTONIO
DACANAY, MANAGEMENT AND FINANCIAL OFFICER
OF THE WESTERN MINDANAO COMMAND; and
RETIRED LT. GEN. EUGENIO CEDO, FORMER
COMMANDER OF THE WESTERN MINDANAO
COMMAND, respondents.
G.R. No. 188195. October 3, 2017.*
GEN. VICTOR S. IBRADO, AFP; VICE ADMIRAL

FERDINAND S. GOLEZ, PN; COL. JOEL IBAÑEZ, PA;
and LTC ANTONIO DACANAY, PA, petitioners, vs.
NEDINA GADIAN-DIAMANTE, respondent.
_______________
* EN BANC.
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Gadian vs. Ibrado
Constitutional Law; Writs of Amparo; Words and Phrases; A
https://central.com.ph/sfsreader/session/0000018d83bff028519fbe17000d00d40059004a/p/AUH507/?username=Guest Page 1 of 23
writ of amparo is an independent and summary remedy to provide

immediate judicial relief for the protection of a personÊs
constitutional right to life and liberty.·A writ of amparo is an
independent and summary remedy to provide immediate judicial
relief for the protection of a personÊs 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. Note, however, that the source of this fear must be valid
and substantiated by circumstances, and not mere paranoia. Thus,
in resolving the necessity of issuing a writ of amparo and the
corresponding protection order, the courts must look at the overall
circumstance surrounding the applicant and respondents.
Same; Same; The writ of amparo either prevents a threat from
becoming an actual violation against a person, or cures the violation
of a personÊs right through investigation and punishment.·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
personÊs 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 personÊs right through investigation and punishment.
Same; Same; Rule on 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.·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. Conformably with the rule, 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
506
506 SUPREME COURT REPORTS ANNOTATED

Gadian vs. Ibrado
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.
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.·We
recognize that as of today the danger to the life and security of Lt.
SG Gadian had already ceased, if not entirely disappeared.
Although summoned to appear at the AFPÊs investigation of her
exposé, she voluntarily chose not to despite the institutional
assurances for her personal safety. The AFP then declared her on
AWOL status as of April 22, 2009, and dropped her from the roster
as a deserter on May 2, 2009 following her unexplained failure to
report to her mother unit. Worth noting, too, is that 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, that is, to still
continue with the resolution when no practical consequence will be
achieved or ensured is pointless and of no utility. 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.
PETITIONS for review on certiorari of a decision of the

Court of Appeals.
The facts are stated in the resolution of the Court.
Romel Regalado, et al. for petitioner in G.R. No.
188163 and respondent in G.R. No. 188195.
Rodrigo Rodolfo G. Artuz for respondent Lt. Gen.
Eugenio V. Cedo.
RESOLUTION
BERSAMIN, J.:
For consideration are the consolidated petitions for

review on certiorari separately brought against the decision
promulgated on June 15, 2009 by the Court of Appeals (CA)
in C.A.-G.R. S.P. No. 00034 entitled Nedina Gadian-
Diamante v. Armed Forces of the Philippines Chief of Staff
Lt. Gen. Victor Ibrado, Philippine Navy Flag Officer In
Command Vice Admiral Ferdinand Golez, Col. Joel Ibañez
· Chief of Staff of the Western Mindanao Command
(WESTMINCOM), Lt. Col. Antonio Dacanay ·
Management and Financial Officer of the WESTMINCOM,
Retired Lt. Gen. Eugenio Cedo · Former Commander of
the WESTMINCOM,1 whereby the CA disposed as follows:
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, petitionerÊs 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 in-
_______________
1 Rollo (G.R. No. 188163), pp. 28-56; penned by Associate Justice

Sixto C. Marella, Jr. (deceased), with Associate Justices Rebecca De
Guia-Salvador and Japar B. Dimaampao, concurring.
508

Gadian vs. Ibrado
vestigation 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.
Antecedents
On May 19, 2009, Nedina Gadian-Diamante, the

respondent in G.R. No. 188195, alleging herself as the older
sister of Lt. SG Mary Nancy P. Gadian (Lt. SG Gadian),
brought in this Court a petition for the issuance of a writ of
amparo in behalf of the latter, impleading as respondents
various officers of the Armed Forces of the Philippines
(AFP), including then AFP Chief of Staff Lt. Gen. Victor
Ibrado (Gen. Ibrado). The petition was docketed as G.R. No.
187652.2 On May 21, 2009, the Court issued the writ of
amparo, and directed the CA to hear and decide the
petition.3
On May 22, 2009, the Association of Major Religious
Superiors of the Philippines (AMRSP) manifested to the
Court their willingness to provide sanctuary to Lt. SG
Gadian.4
The case, meanwhile docketed as C.A.-G.R. S.P. No.
00034, was heard in the CA. The initial hearing took place
in the CA
_______________
2 Id., at p. 4.
3 Id.
4 Id.
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Gadian vs. Ibrado
on May 28, 2009 but Lt. SG Gadian asked for time to

submit evidence to support her allegations. The
preliminary conference and summary hearing actually
proceeded on June 5, 2009. The parties stipulated on the
testimonies of psychologist Dr. Lopez, and Roy Lirazan and
Armando Matutina, Lt. SG GadianÊs companions. After the
issues were defined and agreed upon, the evidence of the
parties were respectively received.
Lt. SG GadianÊs Evidence
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 component of
the RP-US Balikatan Exercises 2007. Balikatan CMO Task
Group (BK CMOTG) was formed for this purpose.5
For funding, Lt. SG Gadian asked for assistance from
her immediate supervisor Lt. Col. Bajunaid Abid who
reported to the General Headquarters (GHQ) through Lt.
Col. Steve Crespillo (Lt. Col. 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.6
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,
specifically on February 25, 2008 and March 3, 2008. The
funds were turned over to Ms. Tessie Beldad, the fund

custodian, but Lt. Col. Crespillo retained P400,000.00.
Later, Ms. Beldad told Lt. SG Gadian that only P1.3
Million were actually turned over to
_______________
5 Id., at p. 32.
6 Id.
510

Gadian vs. Ibrado
her, for which she signed an acknowledgment report,

pursuant to Lt. Col. CrespilloÊs instructions, despite the
original plan being for him to distribute the funds
personally to the participants. Lt. SG Gadian then
accompanied Lt. Col. Crespillo to the office of Col. Joel
Ibañez (Col. Ibañez) where they started to talk about
funding problems, to which Lt. Col. Crespillo replied:
Meron akong dalang konti, sir. Ms. Tessie Beldad was still
required by Col. Buena of the Office of the Deputy Chief of
Staff for Operations to submit receipts covering the
disbursement of funds.7
On February 14, 2007, the CMO held the opening
ceremony where the funds for food allowance were
distributed to the participants.
In May 2007, 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.8

Thereafter, at the behest of Retired Lt. General Eugenio
Cedo (Gen. Cedo) to the Office of the Inspector General, 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 in January 2008. The Philippine Navy
Efficiency and Separation Board took jurisdiction of her
case upon the recommendation of AFP Investigation
General Lt. Gen. Bocobo. In January 2009, Gadian was
arraigned and pleaded not guilty to the
_______________
7 Id., at p. 33.
8 Id., at p. 34.
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Gadian vs. Ibrado
charges. She was absolved from liability by prosecution

witnesses. The case was submitted for decision in April
2009.9
Lt. SG Gadian went on official ordinary leave from April
9 to May 21, 2009. On April 13, 2009, she received a
message through text and email requiring her to report to
Manila. She flew to Manila on April 14, and attended the
hearing on April 15. On April 16, 2009, she filed her
resignation from the AFP effective May 1, 2009.10
Fearing for her life after her resignation, Lt. SG Gadian
went into hiding. On May 11, 2009, her sister sought the
help of Archbishop Angel Lagdameo of Jaro, Iloilo City by
delivering Lt. SG GadianÊs letter appealing for help from
the church, media, and all sectors of society. On May 13,
2009, Lt. SG Gadian and her sister were interviewed by
different media outlets on the alleged misuse of RP-US
Balikatan Exercises 2007 funds.11
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 ÂsnatchÊ 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.12
An apprehension order was released for Lt. SG GadianÊs
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. She was also not
unaware of other unsolved cases similar to the case of
Ensign Philip Andrew PestañoÊs death after giving
information of his superiorÊs engagement in drugs, illegal
logging and gun running.13
_______________
9 Id., at pp. 35-36.

10 Id., at p. 36.
11 Id., at pp. 36-37.
12 Id., at pp. 37-38.
13 Id.
512

Gadian vs. Ibrado
The AFPÊs Evidence
For their part, respondents General Ibrado, Vice

Admiral Ferdinand Golez, Col. Ibañez and Lt. Col. Antonio
Dacanay admitted that Lt. SG Gadian had been assigned to
WESTMINCOM as its Deputy of the CMO. They confirmed
that she had taken charge of and supervised the activities
of BK CMOTG; that a total of P2.7 Million was turned over
to her but she did not inform General Cedo, then the
Commander of WESTMINCOM, of the receipt and
utilization of the fund. According to them, she acted on her
own in disposing the fund.14 Gen. Cedo then constituted a

committee to investigate, but she did not appear and
instead questioned its jurisdiction because the fund had
come from General Headquarters. The committee
concluded that she had utilized the fund for its intended
purpose, but without the approval of Gen. Cedo, and that
she had falsely declared the actual amount of her
accommodation based on the receipt (difference of
P2,500.00).
The Office of the Inspector General recommended that
Lt. SG Gadian return the balance of P2,500.00 for her hotel
stay; that she be reprimanded by her Commander
according to Article 105 of the Articles of War for violation
of Article 97 of the Articles of War, or conduct prejudicial to
the good order and military discipline; and that she be
reassigned to the Philippine Navy.15
The AFP Chief of Staff ordered a reinvestigation,
however, to look into the matter of technical malversation
and insubordination.16 Pending resolution of her case, Lt.
SG Gadian filed an application for ordinary leave, and later
on tendered her resignation from the service effective May
1, 2009.
Lt. SG GadianÊs resignation was not processed due to
lack of requisite enclosures and justifications, and because
of the pend-
_______________
14 Rollo (G.R. No. 188195), pp. 6-7.

15 Id., at pp. 7-9.
16 Id., at pp. 9-11.
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Gadian vs. Ibrado
ing case. As a consequence, the AFP declared her absent

without official leave (AWOL), leading to her being dropped
from the rolls as a deserter on May 2, 2009. The

apprehension order was issued against her pursuant to
standard procedures.17
Aggrieved, Lt. SG Gadian, through her sister, filed the
petition for the writ of amparo in this Court, alleging
perceived threats to her life, liberty and security from the
AFP. As earlier stated, the petition was referred to the CA
for further proceedings.
In the CA, the parties stipulated on the following issues:
(a) whether or not there is [a] threat to aggrieved partyÊs life, liberty
and security and sufficiency of proof thereof;
(b) in the affirmative, whether or not there is [a] link between the
threat to the life, liberty and security of the aggrieved party and,
any or all, of the respondents; and
(c) whether or not the aggrieved party is entitled to the reliefs
prayed [for] in the Petition.18
Lt. SG Gadian then made public appearances with

media coverage giving statements about the conduct of RP-
US Balikatan Exercises 2007. She explained that she had
resorted to the writ of amparo because of perceived threats
to her life, liberty and security. She incorporated her claims
of the threats in her affidavit, wherein she detailed the text
messages she had received about „people who were
tracking, conducting casing and surveillance‰ of her place,
and the presence of plain-clothes men at their house
looking for her and her children. Her statements were
corroborated by witnesses, including members of her family
and friends who had accompanied her.19
_______________
17 Id., at pp. 11-12.

18 Rollo (G.R. No. 188163), p. 46.
19 Id., at pp. 36-37.
514

Gadian vs. Ibrado
The respondents denied knowledge of any existing

threats against Lt. SG GadianÊs life, but did not present
controverting evidence. On his part, respondent Gen. Cedo
averred that he had had no participation in the issuance of
the apprehension order and the shoot-to-kill order against
her; and that he had retired from the service in September
2007 and had not been interested in her whereabouts.20
Decision of the CA
The CA promulgated its assailed decision on June 15,

2009.21
In its decision, the CA observed that receiving messages
through SMS warning of a shoot-to-kill order against a
person was not alarming; that, however, the situation
became different when the person threatened was a junior
officer of the AFP who had exposed anomalies regarding
the conduct of military exercises involving the country and
the United States of America, and the expose could involve
senior officers of the AFP; that the situation was
complicated when unidentified persons had knocked at the
door of the house where Lt. SG Gadian lived without
expressing the purpose of their visit, and, in addition, when
there was an attempt to abduct; that such circumstances
only proved that there had really been an actual threat to
her life, liberty and security.22
Yet, the CA noted that Lt. SG Gadian had not
established the authorship of the threats against her; that
her affidavit did not implicate any of the respondents in the
making of the threats; that although her father and sister
had testified about men who had been making inquiries of
her whereabouts, they had not attributed any overt act to
the men that would suffice to deduce the clear intent to
harm her; and that
_______________
20 Id., at p. 42.
21 Id., at pp. 28-56.
22 Id., at pp. 49-50.
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Gadian vs. Ibrado
her two companions at the time the attempts to snatch her

occurred did not identify any person in particular to be
responsible.23
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; that then Secretary of National
Defense Gilbert C. Teodoro (Defense Secretary 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;24 and that
respondent AFP Chief of Staff General Ibrado (Ret.) had
also undertaken to cause the investigation of the alleged
threats on her life, and the surrounding circumstances
involved in her allegations.25
The parties then respectively appealed. On her part,
respondent filed her petition for review on certiorari on
June 22, 2009 (G.R. No. 188163),26 while Gen. Ibrado, et al.
filed their own petition for review on certiorari on June 23,
2009 (G.R. No. 188195).27 The appeals were consolidated.
Issues
Lt. SG Gadian assails the CAÊs ruling ordering then

Secretary of National Defense Teodoro to provide protection
to her, insisting that said official was biased in favor of the
military hierarchy as borne out by the statement he had
made during the NavyÊs anniversary celebration,28 to wit:
_______________
23 Id., at p. 51.
24 Id., at pp. 51-53.
25 Id., at p. 53.
26 Id., at pp. 2-13.
27 Rollo (G.R. No. 188195), pp. 2-23.
28 Rollo (G.R. No. 188163), p. 7.
516

Gadian vs. Ibrado
We are hoping the court will be careful in reviewing the petition

and the circumstances behind it as well as granting such relief as
this could affect the chain of command and the implementation of
the disciplinary system in the military.
Lt. SG Gadian argues that although the Department of

National Defense (DND) was civilian in character, the
protection could only be extended to her through DNDÊs
military personnel.29 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.
On their part, the AFP and Gen. Ibrado, et al. assail the
CA for not dismissing the petition for the writ of amparo
despite the CA having found no evidence showing that they
were the authors of the alleged threat.30
The following issues are to be dealt with, namely: (a)
Was the issuance of the writ of amparo warranted by the
circumstance?; and (b) Assuming that there had really been
threats against Lt. SG Gadian, who was in the best
position to protect her · the Secretary of National Defense
or the AMRSP?
Ruling of the Court
The appeals have no merit.

A writ of amparo is an independent and summary
remedy to provide immediate judicial relief for the
protection of a personÊs constitutional right to life and
liberty.31 When a person is consumed by fear for her life
and liberty that it com-
_______________
29 Id., at p. 8.
30 Rollo (G.R. No. 188195), pp. 25-26.
31 Lozada, Jr. v. Macapagal-Arroyo, G.R. Nos. 184379-80, April 24,
2012, 670 SCRA 545, 558.
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Gadian vs. Ibrado
pletely limits her movement, the writ may be issued to

secure her. Note, however, that the source of this fear must
be valid and substantiated by circumstances, and not mere
paranoia. Thus, in resolving the necessity of issuing a writ
of amparo and the corresponding protection order, the
courts must look at the overall circumstance surrounding
the applicant and respondents.
Moreover, 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 personÊs right to live
and be free. It is curative when it facilitates subsequent
punishment of perpetrators through an investigation and
action.32 Thus, the writ of amparo either prevents a threat
from becoming an actual violation against a person, or
cures the violation of a personÊs right through investigation
and punishment.
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, stating:
In brief, prior to the filing of the present Petition, petitioner and

aggrieved partyÊs evidence of threat to the latterÊs life, liberty and
security are their receipt of short messaging service or text
messages warning them of the giving of „shoot-to-kill order.‰ Taken
alone, such messages may not lead a reasonable mind to consider
seriously the existence of threat to life, liberty and security but
when receipt of such messages come at a time when claims of
anomalies in the holding of military exercises participated in by a
foreign country affecting several individuals and involving
significant amount of money are being announced publicly, the
situation differs, The aggrieved party is a junior officer in the
military, with the rank of the lieutenant senior grade. The
anomalies reported refer to the conduct of military exercises
involving the Philippines and United States of America. The officers
claimed to be involved are officers far more senior
_______________
32 Id.
518

Gadian vs. Ibrado
than the aggrieved party. There is a claim of the aggrieved party

that she has resigned from her commission, an act which could be
viewed, rightfully or wrongfully, as intended to evade the
restrictions of military discipline.
Evidence was likewise presented that after public
announcements were made by aggrieved party about the said
anomalies, unidentified persons came to their house in Polomolok,
South Cotabato asking for information about the aggrieved party
and her family. No mention was made that the purpose of their visit
was to serve a legal process, such as arrest warrant.
After the present petition was filed, an attempt to abduct the
aggrieved party, to be attested to [sic] by Armando Matutina and
Roy Lirazan, was committed.

The Court finds these sufficient to establish for purposes of the
present proceedings, threat to life, liberty and security of the
aggrieved party. Threat or intimidation must be viewed in the light
of the perception of the victim at the time of the commission of the
crime, not by any hard and fast rule.33
While it is conceded that Lt. SG GadianÊs life was in

actual danger, the possibility of danger must be
acknowledged to exist. The reason, as she claims, was her
exposé 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. The uncertainty about the identities of the
individuals who had knocked at her home, or who had
conducted surveillance in her neighborhood, or who had
even attempted to snatch her during her boat trip cannot
be glossed over in order to immediately hold the leadership
of the AFP in suspicion of complicity. Indeed, to do so would
convert the proceed-
_______________
33 Rollo (G.R. No. 188163), pp. 49-50.
519
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Gadian vs. Ibrado
ings into an unwarranted witch hunt that could unfairly

implicate many in the countryÊs military service.
Moreover, we note that the AFP declared Lt. SG Gadian
a deserter because her resignation had not been accepted
due to deficiencies that she did not rectify or fill. Under the
regulations of the AFP, the declaration could most likely be
not entirely unwarranted because she had apparently

opted to quit her post and go into hiding. Her being a
commissioned officer of the AFP called for the application
of the Articles of War against her.34 The military discipline
that still applied to her then treated her as a deserter who
was subject to apprehension even during a time of peace.
Her going into hiding constituted abandonment of her post
regardless of her reasons for doing so.
The choice Lt. SG Gadian made was to leave the
military service in order to expose an irregularity. The AFP
could justifiably consider her leaving as an act of cowardice
and insubordination. For this reason, Defense Secretary
TeodoroÊs observation that her conduct would affect the
chain of command in the AFP as an organization could not
be dismissed as unfounded.
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.
Nonetheless, 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.
_______________
34 See Section 20, first paragraph of Republic Act No. 242, amending
Article 58 of Commonwealth Act No. 408. (The Articles of War).
520

Gadian vs. Ibrado
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.35
Conformably with the rule, 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 Court
feels that the AMRSP, which had manifested its
willingness and readiness to give sanctuary to Lt. SG
Gadian, could have
_______________
35 Section 14(a), The Rule on the Writ of Amparo states:

SEC. 14. Interim Reliefs.·Upon filing of the petition or at
anytime before final judgment, the court, justice or judge may
grant any of the following reliefs:
(a) Temporary Protection Order.·The court, justice or judge,
upon motion or motu proprio, may order that the petitioner or the
aggrieved party and any member of the immediate family be
protected in a government agency or by an accredited
person or private institution capable of keeping and
securing their safety. If the petitioner is an organization,
association or institution referred to in Section 3(c) of this
Rule, the protection may be extended to the officers
involved.
The Supreme Court shall accredit the persons and
private institutions that shall extend temporary protection
to the petitioner or the aggrieved party and any member of
the immediate family, in accordance with guidelines which
it shall issue.
The accredited persons and private institutions shall comply
with the rules and conditions that may be imposed by the court,
justice or judge.
xxxx
521
VOL. 841, OCTOBER 3, 2017 521

Gadian vs. Ibrado
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. Indeed, the matter of protection and sanctuary
should be of foremost consideration by the court because
the personal and immediate concern of the petitioner
whose life and liberty were under threat was exactly her
temporary protection. 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 latterÊs 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.
In this regard, we advert to the following insights
provided by Justice Leonen during the deliberations, to wit:
Liberty and security are ultimately personal. No amount of

admonition by another can undo a personÊs rational, well-founded
fear. In petitions for the issuance of writs of amparo, it is well-
within an aggrieved partyÊs right to avail of protection through
private persons and organizations. Precisely because the writ of
amparo is a liberty-promoting mechanism, the aggrieved partyÊs
preferences must be upheld, to the extent practicable. The Rule on
the Writ of Amparo imposes no compulsion or even an order of
preference between public and private entities. As far as the Rule is
concerned, the only requirement is that the private person or entity
through whom the aggrieved party seeks to be protected is
accredited by this Court. Uncertainty as to the identity of the
persons responsible for threats against the aggrieved
522

Gadian vs. Ibrado
partyÊs liberty and security are not grounds for curtailing the
aggrieved partyÊs liberty to choose.
The Court of Appeals then should not have undercut Lt. SG
GadianÊs resort to the Association of Major Religious Superiors of
the Philippines or to another person or institution of her choosing.
Even as the Association of Major Religious Superiors of the
Philippines may have yet to secure accreditation, it was not for the
Court of Appeals to consummately foreclose Lt. SG GadianÊs choice
as to who shall be protecting her. Certainly, the Court of Appeals
could have been more deferential to Lt. SG GadianÊs liberty to
choose. It could have extended to the Association a reasonable
period to obtain accreditation, and enabled Lt. SG Gadian to
identify an alternative in the interim. If the Association is
ultimately found wanting, the Court of Appeals could have still
enabled Lt. SG Gadian to name her preferred substitute. It could
have taken better, more enfranchising precautions.
We recognize that as of today the danger to the life and

security of Lt. SG Gadian had already ceased, if not
entirely disappeared. Although summoned to appear at the
AFPÊs investigation of her exposé, she voluntarily chose not
to despite the institutional assurances for her personal
safety. The AFP then declared her on AWOL status as of
April 22, 2009, and dropped her from the roster as a
deserter on May 2, 2009 following her unexplained failure
to report to her mother unit.36 Worth noting, too, is that 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, that is, to still
continue with the resolution when no practical consequence
will be achieved or ensured is pointless and of no utility.
Moot and academic cases cease to present any justiciable
_______________
36 Rollo (G.R. No. 188195), p. 124.
523
VOL. 841, OCTOBER 3, 2017 523

Gadian vs. Ibrado
controversies by virtue of supervening events.37 The courts

of law will not determine moot questions,38 because it is
unnecessary for the courts to indulge in academic
declarations.39
WHEREFORE, the Court DISMISSES these
consolidated appeals for being now moot and academic.
SO ORDERED.
Sereno (CJ.), Carpio, Velasco, Jr., Leonardo-De Castro,

Peralta, Del Castillo, Perlas-Bernabe, Leonen, Jardeleza,
Caguioa, Martires, Tijam, Reyes, Jr. and Gesmundo, JJ.,
concur.
Consolidated appeals dismissed for being moot and

academic.
The Amparo rule sanctions the archiving of cases,

provided that it is impelled by a valid cause, such as when
the witnesses fail to appear due to threats on their lives or
to similar analogous causes that would prevent the court
from effectively hearing and conducting the amparo
proceedings which, however, do not obtain in these cases.
(Id.)
··o0o··
_______________
37 Barayuga v. Adventist University of the Philippines, G.R. No.
168008, August 17, 2011, 655 SCRA 640, 654-655.

38 Cole v. Court of Appeals, G.R. No. 137551, December 26, 2000, 348
SCRA 692, 698.
39 Pepsi-Cola Products Philippines, Inc. v. Secretary of Labor, G.R.
No. 96663, August 10, 1999, 312 SCRA 104, 114.
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SUPREME COURT REPORTS ANNOTATED 841 2/7/24, 9:21 PM

G.R. No. 188163. October 3, 2017.*

LT. SG MARY NANCY P. GADIAN, petitioner, vs. ARMED

G.R. No. 188195. October 3, 2017.*

GEN. VICTOR S. IBRADO, AFP; VICE ADMIRAL

VOL. 841, OCTOBER 3, 2017 505

Constitutional Law; Writs of Amparo; Words and Phrases; A

writ of amparo is an independent and summary remedy to provide

506 SUPREME COURT REPORTS ANNOTATED

PETITIONS for review on certiorari of a decision of the

For consideration are the consolidated petitions for

WHEREFORE, the Court finds and directs that ·

1 Rollo (G.R. No. 188163), pp. 28-56; penned by Associate Justice

508 SUPREME COURT REPORTS ANNOTATED

vestigation conducted by the Flag Officer of the Philippine Navy

On May 19, 2009, Nedina Gadian-Diamante, the

VOL. 841, OCTOBER 3, 2017 509

on May 28, 2009 but Lt. SG Gadian asked for time to

Lt. SG GadianÊs Evidence

Lt. SG Gadian was a commissioned officer of the

funds were turned over to Ms. Tessie Beldad, the fund

510 SUPREME COURT REPORTS ANNOTATED

her, for which she signed an acknowledgment report,

submit such report.8

VOL. 841, OCTOBER 3, 2017 511

charges. She was absolved from liability by prosecution

Since then, Lt. SG Gadian received text messages from

9 Id., at pp. 35-36.

512 SUPREME COURT REPORTS ANNOTATED

The AFPÊs Evidence

For their part, respondents General Ibrado, Vice

own in disposing the fund.14 Gen. Cedo then constituted a

14 Rollo (G.R. No. 188195), pp. 6-7.

VOL. 841, OCTOBER 3, 2017 513

ing case. As a consequence, the AFP declared her absent

from the rolls as a deserter on May 2, 2009. The

Lt. SG Gadian then made public appearances with

17 Id., at pp. 11-12.

514 SUPREME COURT REPORTS ANNOTATED

The respondents denied knowledge of any existing

The CA promulgated its assailed decision on June 15,

22 Id., at pp. 49-50.

VOL. 841, OCTOBER 3, 2017 515

her two companions at the time the attempts to snatch her

Lt. SG Gadian assails the CAÊs ruling ordering then

516 SUPREME COURT REPORTS ANNOTATED

We are hoping the court will be careful in reviewing the petition

Lt. SG Gadian argues that although the Department of

Ruling of the Court

The appeals have no merit.

VOL. 841, OCTOBER 3, 2017 517

pletely limits her movement, the writ may be issued to

in favor of Lt. SG Gadian, stating:

In brief, prior to the filing of the present Petition, petitioner and

518 SUPREME COURT REPORTS ANNOTATED

than the aggrieved party. There is a claim of the aggrieved party

Roy Lirazan, was committed.

While it is conceded that Lt. SG GadianÊs life was in

33 Rollo (G.R. No. 188163), pp. 49-50.