The Court of Appeals (CA) has issued a writ of amparo for Leomar Bueno, a minor who was allegedly snatched and tortured by the men of Tuao, Cagayan Mayor William Mamba on June 14, 2009 on suspicion of robbing the mayor's canteen.

Commission on Human Rights (CHR) Chairwoman Leila M. de Lima hailed the CA's January 18, 2009 decision on CA-GR SP No. 00038, which not only granted the protective writ to Bueno bit also cited the role played by the CHR in Region 2 in springing Bueno from the clutches of Mamba's men.

This case could possibly be costly for Mayor Mamba and his brother, lawyer Francisco Mamba, a presidential appointee, since both men were alleged to be involved in accosting and holding Leomar and three other boys.

CHR took the cudgels for Bueno on June 16, 2009 when the Philippine National Police (PNP) in Region 2 referred the complaint of Leomar's mother, Marites Bueno, to the commission for assistance.

Two days later, a rescue operation and Leomar and his companion, Lorenzo Javier, were released from the custody of Mayor William Mamba of Tuao, Cagayan and brought to Tuguegarao City for legal and medical assistance.

According to the CHR, the two boys, along with Robin and Raymond Rodriguez, all minors, were accosted by a group of men at the instance of Mayor Mamba and the mayor's brother, lawyer Francisco Mamba, a presidential appointee, on June 14, 2009 on the charge that they were involved in the robbery of the mayor's canteen the previous day.

“The Mambas and their men, identified as Ariel Malana, Narding Agganan, Jomari Sagalon, Joseph Tumaliauan, Randy Dayag, Jun Cinabre, Rommel Encollado and Frederick Baligod, all municipal or barangay officers from Tuao, purportedly tortured or, at the very least, caused or allowed the torture of Leomar and Lorenzo, causing them serious injuries that have resulted in both physical and emotional scarring,” the CHR said.

“The reports and photographs sent by the Region II office clearly showed the extent of physical abuse suffered by Leomar and Lorenzo,” De Lima said.

“Absolutely nothing justifies the treatment they received,” she added.

“While Leomar and Lorenzo have taken action against the Mambas and their men, the Rodriguez brothers have denied any maltreatment.

Instead, Robin claims that the Mayor was simply helping him and his brother stop stealing,” CHR noted.

The CA declared that Leomar had sufficiently established, through witnesses and documentary evidence, that the respondents, all public officers, violated his right to security of person.

“There is, hence, no doubt that Leomar is covered by the protective mantle of the Writ of Amparo, as, in the minimum, his liberty and security were violated by the offending public officers and individuals,” the decision read.

CA's decision reiterated that it would not be reasonable to convince Leomar that he would not suffer through the same ordeal again, as long as there is no positive action from the government, to punish those who did him wrong.

The CHR in Region 2 aided in the preparation and filing of the petition for the grant of the writ of amparo and the Legal and Investigation Office (LIO) of the commission also participated in the proceedings.

In granting the petition, the CA extends the protection of the writ to all those who aided Leomar and his family, particularly CHR Region 2 personnel and witnesses for the Buenos.

The CA also ordered the PNP in Region 2 to continue the investigation into Leomar's case.

CA ordered Mayor Mamba to cooperate in the investigation to be conducted by the PNP, with the results to be furnished to Leomar and his counsel.