In a temporary restraining order (TRO) issued by authority of Chief Justice Reynato S. Puno, the SC required National Defense Secretary Gilberto Teodoro and AFP chief of staff Gen. Hermogenes Esperon Jr. to comment in five days on the petition filed by brothers Reynaldo and Raymond Manalo.

Through the Free Legal Assistance Group (FLAG), the Manalo brothers petitioned for the protective custody of the SC.

FLAG lawyers Jose Manuel Diok-no, Theodore Te, and Ricardo Sunga asked the SC to enjoin the military from arresting and detaining anew their two clients.

At the same time, they asked the SC to designate either an incumbent or retired SC justice to act as a commissioner and verify the allegations of the Manalo brothers.

In their petition, the Manalo brothers claimed that soldiers held them incommunicado in secret detention places, tortured them to the brink of death, and treated them like animals for almost 18 months. "If not for their escape, the brothers would probably be dead by now," FLAG lawyers said.

Acting on the petition, the SC said:

"Considering the allegations contained, the issues raised and the arguments adduced in the petition, it is necessary and proper to issue the temporary restraining order prayed for.

"Now, therefore, effective immediately and continuing until further orders from this Court, You, The Secretary of Department of National Defense and the Chief of Staff, Armed Forces of the Philippines, your agents, representatives, or persons acting in your place or stead, including but not limited to the [Citizen Armed Forces Geographical Unit] CAFGU, are hereby …. enjoined from causing the arrest of petitioners, or otherwise depriving, restricting, curtailing or abridging them of their right to life, liberty and other basic rights, as guaranteed in Article III, Section 1 of the 1987 Constitution."