Escolar Documentos
Profissional Documentos
Cultura Documentos
Supreme Court
Manila
EN BANC
IN THE MATTER OF THE
PETITION FOR THE WRIT OF
AMPARO AND HABEAS DATA
IN FAVOR OF NORIEL H.
RODRIGUEZ,
NORIEL H. RODRIGUEZ,
Petitioner,
- versus -
GLORIA
MACAPAGALARROYO, GEN. VICTOR S.
IBRADO, PDG JESUS AME
VERSOZA, LT. GEN. DELFIN
BANGIT, MAJ. GEN. NESTOR Z.
OCHOA, P/CSUPT. AMETO G.
TOLENTINO, P/SSUPT. JUDE W.
SANTOS, COL. REMIGIO M. DE
VERA,
an
officer
named
MATUTINA, LT. COL. MINA,
CALOG, GEORGE PALACPAC
under the name HARRY,
ANTONIO
CRUZ, ALDWIN
BONG
PASICOLAN
and
VINCENT CALLAGAN,
Respondents.
x - - - - - - - - - - - - - - - - - - - - - - - - -x
NORIEL H. RODRIGUEZ,
Respondent.
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
DECISION
SERENO, J.:
Before this Court are two consolidated cases, namely, (1) Petition for Partial
Review on Certiorari dated 20 April 2010 (G.R. No. 191805), and (2) Petition for
Review on Certiorari dated 19 August 2010 (G.R. No. 193160). [1] Both Petitions
assail the 12 April 2010 Decision of the Court of Appeals, the dispositive portion
of which reads:
WHEREFORE, the petition for writ of amparo and writ of habeas data
is GRANTED.
Respondents Gen. Victor S. Ibrado, Lt. Gen. Delfin Bangit, Maj. Gen.
Nestor Z. Ochoa, PCSupt. Ameto G. Tolentino, PSSupt. Jude W. Santos, Col.
Remigio M. De Vera, Lt. Col. Laurence E. Mina and 1Lt. Ryan S. Matutina, or
their replacements in their official posts if they have already vacated the same, are
ORDERED to furnish this Court within five (5) days from notice of this decision,
official or unofficial reports pertaining to petitioner covering but not limited to
intelligence reports, operation reports and provost marshal reports prior to, during
and subsequent to September 6, 2009 made by the 5 th Infantry Division,
Philippine Army, its branches and subsidiaries, including the 17th Infantry
Battalion, Philippine Army.
The above-named respondents are also DIRECTED to refrain from using
the said reports in any transaction or operation of the military. Necessarily, the
afore-named respondents are ORDEREDto expunge from the records of the
military all documents having any reference to petitioner.
Likewise, the afore-named respondents, as well as respondents Police
Director General Jesus Ame Versoza, Antonio Cruz, Aldwin Pasicolan and Vicente
Callagan are DIRECTED to ensure that no further violation of petitioners rights to
life, liberty and security is committed against the latter or any member of his family.
The petition is DISMISSED with respect to President Gloria MacapagalArroyo on account of her presidential immunity from suit. Similarly, the petition
is DISMISSED with respect to respondents Calog and George Palacpac or Harry
for lack of merit.
Petitioners prayer for issuance of a temporary protection order and
inspection order is DENIED.
that the soldiers did not shoot him because he became a military asset in May.
When he refused to sign the document, he received another beating. Thus, he was
compelled to sign, but did so using a different signature to show that he was merely
coerced.[11]
The soldiers showed Rodriguez photographs of different persons and asked
him if he knew the men appearing therein. When he told them that he did not
recognize the individuals on the photos, the soldiers instructed him to write down
the name of his school and organization, but he declined. The soldiers then wrote
something on the paper, making it appear that he was the one who had written it,
and forced him to sign the document. The soldiers took photographs of him while
he was signing. Afterwards, the soldiers forced him down, held his hands, and sat
on his feet. He did not only receive another beating, but was also electrocuted. The
torture lasted for about an hour.[12]
At 11:00 p.m. on 15 September 2009, the soldiers brought Rodriguez to a
military operation in the mountains, where he saw Matutina again. They all spent
the night there.[13]
In the morning of 16 September 2009, the soldiers and Rodriguez started
their descent. When they stopped, the soldiers took his photograph and asked him
to name the location of the NPA camp. Thereafter, they all returned to the military
camp. The soldiers asked him to take a bath and wear a white polo shirt handed to
him. He was then brought to the Enrile Medical Center, where Dr. Juliet Ramil (Dr.
Ramil) examined him.[14] When the doctor asked him why he had bruises and
contusions, he lied and told her that he sustained them when he slipped, as he
noticed a soldier observing him. Dr. Ramils medical certificate indicated that he
suffered from four hematomas in the epigastric area, chest and sternum.[15]
Back at the camp, the soldiers let Rodriguez eat with several military
officials and took pictures of him while he was eating with them. They also asked
him to point to a map in front of him and again took his photograph. Later, they
[16]
told him that he would finally see his mother.
Rodriguez was brought to another military camp, where he was ordered to
sign a piece of paper stating that he was a surrenderee and was never beaten up.
Scared and desperate to end his ordeal, he signed the paper and was warned not to
report anything to the media.[17]
Around 6:00 a.m. on 17 September 2009, the soldiers instructed petitioner to
take a bath. They gave him a pair of jeans and perfume. While he was having
breakfast, the two soldiers guarding him repeatedly reminded him not to disclose to
the media his experience in the camp and to say instead that he had surrendered to
the military.[18]
At 9:00 a.m. on the same day, the mother and the brother of Rodriguez
arrived surrounded by several men. His mother, Wilma Rodriguez (Wilma), talked
to Lt. Col. Mina. Rodriguez heard one of the soldiers tell Wilma that he had
surrendered to the military and had long been its asset. His brother, Rodel
Rodriguez (Rodel), informed him that the men accompanying them were from the
CHR, namely, Pasicolan, Cruz and Callagan. Upon seeing Rodriguez, Cruz
instructed him to lift up his shirt, and one of the CHR employees took photographs
of his bruises.[19]
A soldier tried to convince Wilma to let Rodriguez stay in the camp for
another two weeks to supposedly prevent the NPA from taking revenge on him.
Respondent Calog also approached Rodriguez and Rodel and asked them to
become military assets. Rodel refused and insisted that they take Rodriguez home
to Manila. Again, the soldiers reminded them to refrain from facing the media. The
soldiers also told them that the latter will be taken to the Tuguegarao Airport and
guarded until they reached home.[20]
Rodriguez and his family missed their flight. Subsequently, the soldiers
accompanied them to the CHR office, where Rodriguez was made to sign an
affidavit stating that he was neither abducted nor tortured. Afraid and desperate to
return home, he was forced to sign the document. Cruz advised him not to file a
case against his abductors because they had already freed him. The CHR personnel
then led him and his family to the CHR Toyota Tamaraw FX service vehicle. He
noticed that a vehicle with soldiers on board followed them.[21]
The Tamaraw FX pulled over and respondent 1st Lt. Matutina boarded the
vehicle. Upon reaching a mall in Isabela, Rodriguez, his family, Callagan, 1 st Lt.
Matutina and two other soldiers transferred to an orange Toyota Revo with plate
number WTG 579. Upon reaching the boundary of Nueva Ecija and Nueva Viscaya,
1st Lt. Matutina alighted and called Rodriguez to a diner. A certain Alan approached
Rodriguez and handed him a cellphone with a SIM card. The latter and his family
then left and resumed their journey back home.[22]
Rodriguez reached his house in Sta. Ana, Manila at 3:00 a.m. on 18 September
2010. Callagan and two soldiers went inside the house, and took photographs and a
video footage thereof. The soldiers explained that the photos and videos would serve
as evidence of the fact that Rodriguez and his family were able to arrive home safely.
Despite Rodriguezs efforts to confront the soldiers about their acts, they still
continued and only left thirty minutes later.[23]
On 19 September 2009, Dr. Reginaldo Pamugas, a physician trained by the
International Committee on Torture and Rehabilitation, examined Rodriguez and
issued a Medical Certificate stating that the latter had been a victim of torture.[24]
Around 7:00 a.m. on 3 November 2010, Rodriguez and his girlfriend, Aileen
Hazel Robles, noticed that several suspicious-looking men followed them at the
Metro Rail Transit (MRT), in the streets and on a jeepney.[25]
On 7 December 2009, Rodriguez filed before this Court a Petition for the
Writ of Amparo and Petition for the Writ of Habeas Data with Prayers for
Protection Orders, Inspection of Place, and Production of Documents and Personal
Properties dated 2 December 2009.[26] The petition was filed against former
President Arroyo, Gen. Ibrado, PDG. Versoza, Lt. Gen. Bangit, Major General
(Maj. Gen.) Nestor Z. Ochoa, P/CSupt. Tolentino, P/SSupt. Santos, Col. De Vera,
1st Lt. Matutina, Calog, George Palacpac (Palacpac), Cruz, Pasicolan and Callagan.
The petition prayed for the following reliefs:
a.
The issuance of the writ of amparo ordering respondents to desist
from violating Rodriguezs right to life, liberty and security.
b.
The issuance of an order to enjoin respondents from doing harm to or
approaching Rodriguez, his family and his witnesses.
c.
Allowing the inspection of the detention areas of the Headquarters of
Bravo Co., 5th Infantry Division, Maguing, Gonzaga, Cagayan and another
place near where Rodriguez was brought.
d.
Ordering respondents to produce documents submitted to them
regarding any report on Rodriguez, including operation reports and
provost marshall reports of the 5th Infantry Division, the Special Operations
Group of the Armed Forces of the Philippines (AFP), prior to, on and
subsequent to 6 September 2009.
e.
Ordering records pertinent or in any way connected to Rodriguez,
which are in the custody of respondents, to be expunged, disabused, and
forever barred from being used.[27]
On 15 December 2009, we granted the respective writs after finding that the
petition sufficiently alleged that Rodriguez had been abducted, tortured and later
released by members of the 17th Infantry Battalion of the Philippine Army.[28] We
likewise ordered respondents therein to file a verified return on the writs on or
before 22 December 2009 and to comment on the petition on or before 4 January
2010.[29] Finally, we directed the Court of Appeals to hear the petition on 4 January
2010 and decide on the case within 10 days after its submission for decision.[30]
During the initial hearing on 4 January 2010, the Court of Appeals required
the parties to submit affidavits and other pieces of evidence at the next scheduled
hearing on 27 January 2010.[31]
On 8 January 2010, respondents therein, through the Office of the Solicitor
General (OSG), filed their Return of the Writ, which was likewise considered as
their comment on the petition.[32] In their Return, respondents therein alleged that
Rodriguez had surrendered to the military on 28 May 2009 after he had been put
under surveillance and identified as Ka Pepito by former rebels. [33] According to
his military handlers, Corporal (Cpl.) Rodel
B. Cabaccan and Cpl. Julius P. Navarro, Rodriguez was a former member of the
NPA operating in Cagayan Valley.[34] Wanting to bolt from the NPA, he told Cpl.
Cabaccan and Cpl. Navarro that he would help the military in exchange for his
protection.[35]
Upon his voluntary surrender on 28 May 2009, Rodriguez was made to sign
an Oath of Loyalty and an Agents Agreement/Contract, showing his willingness to
return to society and become a military asset. [36] Since then, he acted as a double
agent, returning to the NPA to gather information.[37] However, he feared that his
NPA comrades were beginning to suspect him of being an infiltrator.[38] Thus, with
his knowledge and consent, the soldiers planned to stage a sham abduction to erase
any suspicion about him being a double agent.[39] Hence, the abduction subject of
the instant petition was conducted.[40]
Meanwhile, Cruz, Pasicolan and Callagan filed a Consolidated Return of the
Writ dated 15 January 2010,[41] alleging that they had exercised extraordinary
diligence in locating Rodriguez, facilitating his safe turnover to his family and
securing their journey back home to Manila. More specifically, they alleged that, on
16 September 2009, after Wilma sought their assistance in ascertaining the
whereabouts of her son, Cruz made phone calls to the military and law enforcement
agencies to determine his location.[42] Cruz was able to speak with Lt. Col. Mina,
who confirmed that Rodriguez was in their custody.[43] This information was
transmitted to CHR Regional Director Atty. Jimmy P. Baliga. He, in turn, ordered
Cruz, Pasicolan and Callagan to accompany Wilma to the 17th Infantry Division.[44]
When the CHR officers, along with Wilma and Rodel, arrived at the
17 Infantry Battalion at Masin, Alcala, Cagayan, Brigade Commander Col. de
Vera and Battalion Commander Lt. Col. Mina alleged that Rodriguez had become
one of their assets, as evidenced by the Summary on the Surrender of Noriel
Rodriguez and the latters Contract as Agent.[45] The CHR officers observed his
casual and cordial demeanor with the soldiers. [46] In any case, Cruz asked him to
raise his shirt to see if he had been subjected to any maltreatment. Cruz and
Pasicolan did not see any traces of torture. Thereafter, Rodriguez was released to
his family, and they were made to sign a certification to this effect. During the
signing of the document, herein CHR officers did not witness any threat,
intimidation or force employed against Rodriguez or his family. [47]
th
During their journey back to the home of Rodriguez, the CHR officers
observed that he was very much at ease with his military escorts, especially with
1st Lt. Matutina.[48]Neither was there any force or intimidation when the soldiers
took pictures of his house, as the taking of photographs was performed with
Wilmas
consent.
[49]
During the hearing on 27 January 2010, the parties agreed to file additional
affidavits and position papers and to have the case considered submitted for
decision after the filing of these pleadings.[50]
On 12 April 2010, the Court of Appeals rendered its assailed Decision.
Subsequently, on 28 April 2010, respondents therein filed their Motion for
Reconsideration.[52]Before the Court of Appeals could resolve this Motion for
Reconsideration, Rodriguez filed the instant Petition for Partial Review on
Certiorari (G.R. No. 191805), raising the following assignment of errors:
[51]
a.
The Court of Appeals erred in not granting the Interim Relief for
temporary protection order.
b.
The Court of Appeals erred in saying: (H)owever, given the nature of the
writ of amparo, which has the effect of enjoining the commission by respondents
of violation to petitioners right to life, liberty and security, the safety of petitioner
is ensured with the issuance of the writ, even in the absence of an order
preventing respondent from approaching petitioner.
c.
The Court of Appeals erred in not finding that respondent Gloria
Macapagal Arroyo had command responsibility.[53]
II.
III.
IV.
At the outset, it must be emphasized that the writs of amparo and habeas
data were promulgated to ensure the protection of the peoples rights to life, liberty
and security.[57] The rules on these writs were issued in light of the alarming
prevalence of extrajudicial killings and enforced disappearances. [58] The Rule on
the Writ of Amparo took effect on 24 October 2007,[59] and the Rule on the Writ
of Habeas Data on 2 February 2008.[60]
The writ of amparo is an extraordinary and independent remedy that
provides rapid judicial relief, as it partakes of a summary proceeding that requires
only substantial evidence to make the appropriate interim and permanent reliefs
available to the petitioner.[61] It is not an action to determine criminal guilt requiring
proof beyond reasonable doubt, or liability for damages requiring preponderance of
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.
(a)
Inspection Order. The court, justice or judge, upon verified
motion and after due hearing, may order any person in possession or control of a
designated land or other property, to permit entry for the purpose of inspecting,
measuring, surveying, or photographing the property or any relevant object or
operation thereon.
The motion shall state in detail the place or places to be inspected. It shall
be supported by affidavits or testimonies of witnesses having personal knowledge
of the enforced disappearance or whereabouts of the aggrieved party.
If the motion is opposed on the ground of national security or of the
privileged nature of the information, the court, justice or judge may conduct a
hearing in chambers to determine the merit of the opposition.
The movant must show that the inspection order is necessary to establish
the right of the aggrieved party alleged to be threatened or violated.
The inspection order shall specify the person or persons authorized to
make the inspection and the date, time, place and manner of making the
inspection and may prescribe other conditions to protect the constitutional rights
of all parties. The order shall expire five (5) days after the date of its issuance,
unless extended for justifiable reasons.
(b)
Production Order. The court, justice, or judge, upon verified
motion and after due hearing, may order any person in possession, custody or
control of any designated documents, papers, books, accounts, letters,
photographs, objects or tangible things, or objects in digitized or electronic form,
which constitute or contain evidence relevant to the petition or the return, to
produce and permit their inspection, copying or photographing by or on behalf of
the movant.
The motion may be opposed on the ground of national security or of the
privileged nature of the information, in which case the court, justice or judge may
conduct a hearing in chambers to determine the merit of the opposition.
The court, justice or judge shall prescribe other conditions to protect the
constitutional rights of all the parties.
(c)
Witness Protection Order. The court, justice or judge, upon
motion or motu proprio, may refer the witnesses to the Department of Justice for
admission to the Witness Protection, Security and Benefit Program, pursuant to
Republic Act No. 6981.
The court, justice or judge may also refer the witnesses to other
government agencies, or to accredited persons or private institutions capable of
keeping and securing their safety. (Emphasis supplied)
justified by our primary goal of addressing the disappearance, so that the life of
the victim is preserved and his liberty and security are restored. [70] (Emphasis
supplied.)
Thus, in the case at bar, the Court of Appeals, in its Decision[71] found
respondents in G.R. No. 191805 with the exception of Calog, Palacpac or Harry to
be accountable for the violations of Rodriguezs right to life, liberty and security
committed by the 17th Infantry Battalion, 5th Infantry Division of the Philippine
Army. [72] The Court of Appeals dismissed the petition with respect to former President
Arroyo on account of her presidential immunity from suit. Rodriguez contends,
though, that she should remain a respondent in this case to enable the courts to
determine whether she is responsible or accountable therefor. In this regard, it must be
clarified that the Court of Appeals rationale for dropping her from the list of
respondents no longer stands since her presidential immunity is limited only to her
incumbency.
In Estrada v. Desierto,[73] we clarified the doctrine that a non-sitting
President does not enjoy immunity from suit, even for acts committed during the
latters tenure. We emphasize our ruling therein that courts should look with
disfavor upon the presidential privilege of immunity, especially when it impedes
the search for truth or impairs the vindication of a right, to wit:
We reject [Estradas] argument that he cannot be prosecuted for the reason
that he must first be convicted in the impeachment proceedings. The impeachment
trial of petitioner Estrada was aborted by the walkout of the prosecutors and by
the events that led to his loss of the presidency. Indeed, on February 7, 2001, the
Senate passed Senate Resolution No. 83 Recognizing that the Impeachment
Court is Functus Officio. Since the Impeachment Court is now functus officio, it
is untenable for petitioner to demand that he should first be impeached and then
convicted before he can be prosecuted. The plea if granted, would put a perpetual
bar against his prosecution. Such a submission has nothing to commend itself for
it will place him in a better situation than a non-sitting President who has not
been subjected to impeachment proceedings and yet can be the object of a
criminal prosecution. To be sure, the debates in the Constitutional Commission
make it clear that when impeachment proceedings have become moot due to the
resignation of the President, the proper criminal and civil cases may already be
filed against him, viz:
xxx
xxx
xxx
in the case of Clinton v. Jones where it held that the US President's immunity
from suits for money damages arising out of their official acts is inapplicable to
unofficial conduct.[74] (Emphasis supplied)
Mr. Suarez:
So there is no need to express it here.
Fr. Bernas:
There is no need. It was that way before. The only
innovation made by the 1973 Constitution was to make that
explicit and to add other things.
Mr. Suarez:
On the understanding, I will not press for any more
query, madam President.
I thank the Commissioner for the clarification.
Petitioner, however, fails to distinguish between term and tenure. The term
means the time during which the officer may claim to hold the office as of right,
and fixes the interval after which the several incumbents shall succeed one another.
The tenure represents the term during which the incumbent actually holds office.
The tenure may be shorter than the term for reasons within or beyond the power of
the incumbent. From the deliberations, the intent of the framers is clear that the
immunity of the president from suit is concurrent only with his tenure and not
his term.[76] (Emphasis supplied)
Applying the foregoing rationale to the case at bar, it is clear that former
President Arroyo cannot use the presidential immunity from suit to shield herself from
judicial scrutiny that would assess whether, within the context of amparo proceedings,
she was responsible or accountable for the abduction of Rodriguez.
Third issue: Command
in amparo proceedings
responsibility
filed under the Alien Tort Claims Act and the Torture Victim Protection Act. [80] This
development in the use of command responsibility in civil proceedings shows that
the application of this doctrine has been liberally extended even to cases not
criminal in nature. Thus, it is our view that command responsibility may likewise
find application in proceedings seeking the privilege of the writ of amparo. As we
held in Rubrico:
It may plausibly be contended that command responsibility, as legal basis
to hold military/police commanders liable for extra-legal killings, enforced
disappearances, or threats, may be made applicable to this jurisdiction on the
theory that the command responsibility doctrine now constitutes a principle of
international law or customary international law in accordance with the
incorporation clause of the Constitution.
This Separate Opinion was reiterated in the recently decided case of Boac v.
Cadapan,[83] likewise penned by Justice Carpio-Morales, wherein this Court ruled:
Rubrico categorically denies the application of command responsibility
in amparo cases to determine criminal liability. The Court maintains its adherence
to this pronouncement as far as amparo cases are concerned.
Rubrico, however, recognizes a preliminary yet limited application of
command responsibility in amparo cases to instances of determining
the responsible or accountable individuals or entities that are duty-bound to abate
any transgression on the life, liberty or security of the aggrieved party.
If command responsibility were to be invoked and applied
to these proceedings, it should, at most, be only to determine the
author who, at the first instance, is accountable for, and has the
duty to address, the disappearance and harassments complained
of, so as to enable the Court to devise remedial measures that
may be appropriate under the premises to protect rights covered
by the writ of amparo. As intimated earlier, however, the
determination should not be pursued to fix criminal liability on
respondents preparatory to criminal prosecution, or as a prelude to
administrative
disciplinary
proceedings
under
existing
administrative issuances, if there be any.
In other words, command responsibility may be loosely applied
in amparo cases in order to identify those accountable individuals that have the
power to effectively implement whatever processes an amparo court
would issue. In such application, the amparo court does not impute criminal
responsibility but merely pinpoint the superiors it considers to be in the best
position to protect the rights of the aggrieved party.
Such identification of the responsible and accountable superiors may well
be a preliminary determination of criminal liability which, of course, is still
b.
the superior knew or had reason to know that the crime was about to
be or had been committed; and
c.
[92]
Without even attaching, or at the very least, quoting these reports, Rodriguez
contends that the Melo Report points to rogue military men as the perpetrators.
While the Alston Report states that there is a policy allowing enforced
disappearances and pins the blame on the President, we do not automatically
impute responsibility to former President Arroyo for each and every count of
forcible disappearance.[93] Aside from Rodriguezs general averments, there is no
piece of evidence that could establish her responsibility or accountability for his
abduction. Neither was there even a clear attempt to show that she should have
known about the violation of his right to life, liberty or security, or that she had
failed to investigate, punish or prevent it.
Fourth
issue:
Responsibility
or
accountability of respondents in G.R. No.
191805
The doctrine of totality of evidence in amparo cases was first laid down in
this Courts ruling in Razon,[94] to wit:
The fair and proper rule, to our mind, is to consider all the pieces of
evidence adduced in their totality, and to consider any evidence otherwise
inadmissible under our usual rules to be admissible if it is consistent with the
admissible evidence adduced. In other words, we reduce our rules to the most
basic test of reason i.e., to the relevance of the evidence to the issue at hand
and its consistency with all other pieces of adduced evidence. Thus, even hearsay
evidence can be admitted if it satisfies this basic minimum test. [95] (Emphasis
supplied.)
In the case at bar, we find no reason to depart from the factual findings of
the Court of Appeals, the same being supported by substantial evidence. A careful
examination of the records of this case reveals that the totality of the evidence
adduced by Rodriguez indubitably prove the responsibility and accountability of
some respondents in G.R. No. 191805 for violating his right to life, liberty and
security.
a.
The totality of evidence
proved by substantial evidence the
responsibility or accountability of
respondents for the violation of or
threat to Rodriguezs right to life,
liberty and security.
After a careful examination of the records of these cases, we are convinced
that the Court of Appeals correctly found sufficient evidence proving that the
soldiers of the 17thInfantry Battalion, 5th Infantry Division of the military abducted
Rodriguez on 6 September 2009, and detained and tortured him until 17 September
2009.
Rodriguezs Sinumpaang Salaysay dated 4 December 2009 was a meticulous
and straightforward account of his horrific ordeal with the military, detailing the
manner in which he was captured and maltreated on account of his suspected
membership in the NPA.[96] His narration of his suffering included an exhaustive
description of his physical surroundings, personal circumstances and perceived
observations. He likewise positively identified respondents 1st Lt. Matutina and Lt.
Col. Mina to be present during his abduction, detention and torture, [97] and
respondents Cruz, Pasicolan and Callagan as the CHR representatives who
appeared during his release.[98]
More particularly, the fact of Rodriguezs abduction was corroborated by
Carlos in his Sinumpaang Salaysay dated 16 September 2009,[99] wherein he
recounted in detail the circumstances surrounding the victims capture.
As regards the allegation of torture, the respective Certifications of Dr.
Ramil and Dr. Pamugas validate the physical maltreatment Rodriguez suffered in
the hands of the soldiers of the 17th Infantry Battalion, 5th Infantry Division.
According to the Certification dated 12 October 2009 executed by Dr. Ramil,
[100]
she examined Rodriguez in the Alfonso Ponce Enrile Memorial District
Hospital on 16 September 2009 and arrived at the following findings:
FACE
- 10cm healed scar face right side
- 2cm healed scar right eyebrow (lateral area)
- 2cm healed scar right eye brow (median area)
- 4cm x 2cm hematoma anterior chest at the sternal area right side
- 3cm x 2cm hematoma sternal area left side
6cm x 1cm hematoma from epigastric area to ant. chest left side
6cm x 1cm hematoma from epigastric area to ant. chest right side
Multiple healed rashes (brownish discoloration) both forearm
Multiple healed rashes (brownish discoloration)
both leg arm
hip area/lumbar area[101]
xxx
xxx
xxx
xxx
26. Na ilang minuto lang ay binulugan nya ako ng Kuya, ilabas mo ako
dito, papatayin nila ako.
27. Na sinabihan kami ni Lt. Col. Mina na baka pwedeng maiwan pa ng
dalwang linggo ang aking kapatid sa kanila para raw ma-train sya.
28. Na hindi kami pumayag ng aking nanay; xxx[107]
Moreover, the Court of Appeals likewise aptly pointed out the illogical, if
not outrightly contradictory, contention of respondents in G.R. No. 191805 that
while Rodriguez had complained of his exhaustion from his activities as a member
of the CPP-NPA, he nevertheless willingly volunteered to return to his life in the
NPA to become a double-agent for the military. The lower court ruled in this
manner:
In the Return of the Writ, respondent AFP members alleged that petitioner
confided to his military handler, Cpl. Navarro, that petitioner could no longer
stand the hardships he experienced in the wilderness, and that he wanted to
become an ordinary citizen again because of the empty promises of the CPP-NPA.
However, in the same Return, respondents state that petitioner agreed to become a
double agent for the military and wanted to re-enter the CPP-NPA, so that he
could get information regarding the movement directly from the source. If
petitioner was tired of life in the wilderness and desired to become an ordinary
citizen again, it defies logic that he would agree to become an undercover agent
and work alongside soldiers in the mountains or the wilderness he dreads to
locate the hideout of his alleged NPA comrades.[108] (Emphasis supplied.)
Furthermore, the appellate court also properly ruled that aside from the
abduction, detention and torture of Rodriguez, respondents, specifically 1 st Lt.
Matutina, had violated and threatened the formers right to security when they
made a visual recording of his house, as well as the photos of his relatives, to wit:
In the videos taken by the soldiers one of whom was respondent
Matutina in the house of petitioner on September 18, 2009, the soldiers even
went as far as taking videos of the photos of petitioners relatives hung on the wall
of the house, as well as videos of the innermost part of the house. This Court
notes that 1Lt. Matutina, by taking the said videos, did not merely intend to
make proofs of the safe arrival of petitioner and his family in their home. 1Lt.
Matutina also desired to instill fear in the minds of petitioner and his family by
showing them that the sanctity of their home, from then on, will not be free
from the watchful eyes of the military, permanently captured through the medium
of a seemingly innocuous cellhpone video camera. The Court cannot and will
not condone such act, as it intrudes into the very core of petitioners right to
security guaranteed by the fundamental law.[109] (Emphasis supplied.)
xxx
xxx
In the instant case, this Court rules that respondents in G.R. No. 191805 are
responsible or accountable for the violation of Rodriguezs right to life, liberty and
security on account of their abject failure to conduct a fair and effective official
investigation of his ordeal in the hands of the military. Respondents Gen. Ibrado,
PDG. Verzosa, Lt. Gen. Bangit, Maj. Gen. Ochoa, Col. De Vera and Lt. Col. Mina
only conducted a perfunctory investigation, exerting no efforts to take Ramirezs
account of the events into consideration. Rather, these respondents solely relied on
the reports and narration of the military. The ruling of the appellate court must be
emphasized:
In this case, respondents Ibrado, Verzosa, Bangit, Tolentino, Santos, De
Vera, and Mina are accountable, for while they were charged with the
investigation of the subject incident, the investigation they conducted and/or
relied on is superficial and one-sided. The records disclose that the military, in
investigating the incident complained of, depended on the Comprehensive Report
of Noriel Rodriguez @Pepito prepared by 1Lt. Johnny Calub for the Commanding
Officer of the 501st Infantry Brigade, 5th Infantry Division, Philippine Army. Such
report, however, is merely based on the narration of the military. No efforts were
undertaken to solicit petitioners version of the subject incident and no witnesses
were questioned regarding the alleged abduction of petitioner.
Respondent PDG Verzosa, as Chief of the PNP, is accountable because
Section 24 of Republic Act No. 6975, otherwise known as the PNP Law,
specifies the PNP as the governmental office with the mandate to investigate and
prevent crimes, effect the arrest of criminal offenders, bring offenders to justice
and assist in their prosecution. In this case, PDG Verzosa failed to order the
police to conduct the necessary investigation to unmask the mystery surrounding
petitioners abduction and disappearance. Instead, PDG Verzosa disclaims
accountability by merely stating that petitioner has no cause of action against him.
Palpable, however, is the lack of any effort on the part of PDG Verzosa to
effectively and aggressively investigate the violations of petitioners right to life,
liberty and security by members of the 17th Infantry Battalion, 17th Infantry
Division, Philippine Army.[116] (Emphasis supplied.)
Clearly, the absence of a fair and effective official investigation into the
claims of Rodriguez violated his right to security, for which respondents in G.R.
No. 191805 must be held responsible or accountable.
Nevertheless, it must be clarified that Rodriguez was unable to establish any
responsibility or accountability on the part of respondents P/CSupt. Tolentino,
P/SSupt. Santos, Calog and Palacpac. Respondent P/CSupt. Tolentino had already
retired when the abduction and torture of Rodriguez was perpetrated, while
P/SSupt. Santos had already been reassigned and transferred to the National
Capital Regional Police Office six months before the subject incident occurred.
Meanwhile, no sufficient allegations were maintained against respondents Calog
and Palacpac.
From all the foregoing, we rule that Rodriguez was successful in proving
through substantial evidence that respondents Gen. Ibrado, PDG. Verzosa, Lt. Gen.
Bangit, Maj. Gen. Ochoa, Brig. Gen. De Vera, 1st Lt. Matutina, and Lt. Col. Mina
were responsible and accountable for the violation of Rodriguezs rights to life,
liberty and security on the basis of (a) his abduction, detention and torture from 6
September to 17 September 2009, and (b) the lack of any fair and effective official
investigation as to his allegations. Thus, the privilege of the writs
of amparo and habeas data must be granted in his favor. As a result, there is no
longer any need to issue a temporary protection order, as the privilege of these
writs already has the effect of enjoining respondents in G.R. No. 191805 from
violating his rights to life, liberty and security.
It is also clear from the above discussion that despite (a) maintaining former
President Arroyo in the list of respondents in G.R. No. 191805, and (b) allowing
the application of the command responsibility doctrine to amparo and habeas
data proceedings, Rodriguez failed to prove through substantial evidence that
former President Arroyo was responsible or accountable for the violation of his
rights to life, liberty and property. He likewise failed to prove through substantial
evidence the accountability or responsibility of respondents Maj. Gen. Ochoa,
Cruz, Pasicolan and Callagan.
WHEREFORE, we resolve to GRANT the Petition for Partial Review in
G.R. No. 191805 and DENY the Petition for Review in G.R. No. 193160. The
Decision of the Court of Appeals is hereby AFFIRMED WITH
MODIFICATION.
The case is dismissed with respect to respondents former President Gloria
Macapagal-Arroyo, P/CSupt. Ameto G. Tolentino, and P/SSupt. Jude W. Santos,
Calog, George Palacpac, Antonio Cruz, Aldwin Pasicolan and Vicent Callagan for
lack of merit.
This Court directs the Office of the Ombudsman (Ombudsman) and the
Department of Justice (DOJ) to take the appropriate action with respect to any
possible liability or liabilities, within their respective legal competence, that may
have been incurred by respondents Gen. Victor Ibrado, PDG. Jesus Verzosa, Lt.
Gen. Delfin Bangit, Maj. Gen. Nestor Ochoa, Brig. Gen. Remegio De Vera, 1 st Lt.
Ryan Matutina, and Lt. Col. Laurence Mina. The Ombudsman and the DOJ are
ordered to submit to this Court the results of their action within a period of six
months from receipt of this Decision.
In the event that herein respondents no longer occupy their respective posts,
the directives mandated in this Decision and in the Court of Appeals are
enforceable against the incumbent officials holding the relevant positions. Failure
to comply with the foregoing shall constitute contempt of court.
SO ORDERED.
RENATO C. CORONA
Chief Justice
ANTONIO T. CARPIO
JR.
Associate Justice
PRESBITERO J. VELASCO,
Associate Justice
On official leave
TERESITA J. LEONARDO-DE CASTRO
ARTURO D.
BRION
Associate Justice
DIOSDADO M. PERALTA
BERSAMIN
Associate Justice
On official leave
MARIANO C. DEL CASTILLO
ABAD
Associate Justice
Associate Justice
LUCAS P.
Associate Justice
ROBERTO A.
Associate Justice
MARTIN S. VILLARAMA,
JR.
JOSE PORTUGAL PEREZ
Associate Justice
Associate Justice
Associate Justice
BIENVENIDO L.
ESTELA M. PERLAS-BERNABE
Associate Justice
C E R T I F I C AT I O N
Pursuant to Section 13, Article VIII of the Constitution, I certify that the
conclusions in the above Decision had been reached in consultation before the case
was assigned to the writer of the opinion of the Court.
RENATO C. CORONA
Chief Justice