726 Phil. 29
BRION, J.:
(a) | The determination of the relevance and advisability of the public disclosure of the documents submitted by respondents President Gloria Macapagal-Arroyo, Lt. Gen. Romeo P. Tolentino, Maj. Gen. Juanito Gomez, Maj. Gen. Delfin Bangit, Lt. Col. Noel Clement, Lt. Col. Melquiades Feliciano, Director General Oscar Calderon, Chief of Staff of the Armed Forces of the Philippines, Gen. Hermogenes Esperon, Jr.; Commanding General of the Philippine Army, Lt. Gen. Alexander Yano; and Chief of the Philippine National Police, Director General Avelino Razon, Jr. to this Court per paragraph III (i) of the fallo of our July 5, 2011 Resolution; and |
(b) | The Urgent Ex Parte Motion Ex Abundanti Cautela[1] (together with sealed attachments) filed by petitioner Edita T. Burgos praying that the Court: (1) order the persons named in the sealed documents impleaded in CA-G.R. SP No. 00008-WA and G.R. No. 183713; (2) issue a writ of Amparo on the basis of the newly discovered evidence (the sealed attachments to the motion); and (3) refer the cases to the Court of Appeals (CA) for further hearings on the newly discovered evidence. |
Based on the facts developed by evidence obtaining in this case, the CHR finds that the enforced disappearance of Jonas Joseph T. Burgos had transpired; and that his constitutional rights to life liberty and security were violated by the Government have been fully determined.B. The Court’s July 5, 2011 Resolution
Jeffrey Cabintoy and Elsa Agasang have witnessed on that fateful day of April 28, 2007 the forcible abduction of Jonas Burgos by a group of about seven (7) men and a woman from the extension portion of Hapag Kainan Restaurant, located at the ground floor of Ever Gotesco Mall, Commonwealth Avenue, Quezon City.
x x x x
The eyewitnesses mentioned above were Jeffrey Cabintoy (Jeffrey) and Elsa Agasang (Elsa), who at the time of the abduction were working as busboy and Trainee-Supervisor, respectively, at Hapag Kainan Restaurant.
In his Sinumpaang Salaysay, Jeffrey had a clear recollection of the face of HARRY AGAGEN BALIAGA, JR. as one of the principal abductors, apart from the faces of the two abductors in the cartographic sketches that he described to the police, after he was shown by the Team the pictures in the PMA Year Book of Batch Sanghaya 2000 and group pictures of men taken some years thereafter.
The same group of pictures were shown to detained former 56th IB Army trooper Edmond M. Dag-uman (Dag-uman), who also positively identified Lt. Harry Baliaga, Jr. Daguman’s Sinumpaang Salaysay states that he came to know Lt. Baliaga as a Company Commander in the 56th IB while he was still in the military service (with Serial No. 800693, from 1997 to 2002) also with the 56th IB but under 1Lt. Usmalik Tayaban, the Commander of Bravo Company. When he was arrested and brought to the 56th IB Camp in April 2005, he did not see Lt. Baliaga anymore at the said camp. The similar reaction that the pictures elicited from both Jeffrey and Daguman did not pass unnoticed by the Team. Both men always look pensive, probably because of the pathetic plight they are in right now. It came as a surprise therefore to the Team when they could hardly hide their smile upon seeing the face of Baliaga, as if they know the man very well.
Moreover, when the Team asked how certain Jeffrey was or [sic] that it was indeed Baliaga that he saw as among those who actually participated in Jonas’ abduction. Jeffrey was able to give a graphic description and spontaneously, to boot, the blow by blow account of the incident, including the initial positioning of the actors, specially Baliaga, who even approached, talked to, and prevented him from interfering in their criminal act.
A Rebel-returnee (RR) named Maria Vita Lozada y Villegas @KA MY, has identified the face of the female in the cartographic sketch as a certain Lt. Fernando. While Lozada refuses to include her identification of Lt. Fernando in her Sinumpaang Salaysay for fear of a backlash, she told the Team that she was certain it was Lt. Fernando in the cartographic sketch since both of them were involved in counter-insurgency operations at the 56th IB, while she was under the care of the battalion from March 2006 until she left the 56th IB Headquarters in October 2007. Lozada’s involvement in counter-insurgency operations together with Lt. Fernando was among the facts gathered by the CHR Regional Office 3 Investigators, whose investigation into the enforced disappearance of Jonas Joseph Burgos was documented by way of an After Mission Report dated August 13, 2008.
Most if not all the actual abductors would have been identified had it not been for what is otherwise called as evidentiary difficulties shamelessly put up by some police and military elites. The deliberate refusal of TJAG Roa to provide the CHR with the requested documents does not only defy the Supreme Court directive to the AFP but ipso facto created a disputable presumption that AFP personnel were responsible for the abduction and that their superiors would be found accountable, if not responsible, for the crime committed. This observation finds support in the disputable presumption “That evidence willfully suppressed would be adverse if produced.” (Paragraph (e), Section 3, Rule 131 on Burden of Proof and Presumptions, Revised Rules on Evidence of the Rules of Court of the Philippines).
In saying that the requested document is irrelevant, the Team has deemed that the requested documents and profiles would help ascertain the true identities of the cartographic sketches of two abductors because a certain Virgilio Eustaquio has claimed that one of the intelligence operatives involved in the 2007 ERAP 5 case fits the description of his abductor.
As regards the PNP CIDG, the positive identification of former 56th IB officer Lt. HARRY A. BALIAGA, JR. as one of the principal abductors has effectively crushed the theory of the CIDG witnesses that the NPAs abducted Jonas. Baliaga’s true identity and affiliation with the military have been established by overwhelming evidence corroborated by detained former Army trooper Dag-uman.
For lack of material time, the Commission will continue to investigate the enforced disappearance of Jonas Burgos as an independent body and pursuant to its mandate under the 1987 Constitution. Of particular importance are the identities and locations of the persons appearing in the cartographic sketches; the allegations that CIDG Witnesses Emerito G. Lipio and Meliza Concepcion-Reyes are AFP enlisted personnel and the alleged participation of Delfin De Guzman @ Ka Baste in the abduction of Jonas Burgos whose case for Murder and Attempted Murder was dismissed by the court for failure of the lone witness, an army man of the 56th IB to testify against him.
Interview with Virgilio Eustaquio, Chairman of the Union Masses for Democracy and Justice (UMDJ), revealed that the male abductor of Jonas Burgos appearing in the cartographic sketch was among the raiders who abducted him and four others, identified as Jim Cabauatan, Jose Curament, Ruben Dionisio and Dennis Ibona otherwise known as ERAP FIVE.
Unfortunately, and as already pointed out above, The Judge Advocate General (TJAG) turned down the request of the Team for a profile of the operatives in the so-called “Erap 5” abduction on the ground of relevancy and branded the request as a fishing expedition per its Disposition Form dated September 21, 2010.
Efforts to contact Virgilio Eustaquio to secure his affidavit proved futile, as his present whereabouts cannot be determined. And due to lack of material time, the Commission decided to pursue the same and determine the whereabouts of the other members of the “Erap 5” on its own time and authority as an independent body.[2]
C. The Court’s August 23, 2011 Resolution
- IN G.R. NO. 183711 (HABEAS CORPUS PETITION, CA-G.R. SP No. 99839)
- ISSUE a Writ of Habeas Corpus anew, returnable to the Presiding Justice of the Court of Appeals who shall immediately refer the writ to the same Division that decided the habeas corpus petition;
- ORDER Lt. Harry A. Baliaga, Jr. impleaded in CA-G.R. SP No. 99839 and G.R. No. 183711, and REQUIRE him, together with the incumbent Chief of Staff, Armed Forces of the Philippines; the incumbent Commanding General, Philippine Army; and the Commanding Officer of the 56th IB, 7th Infantry Division, Philippine Army at the time of the disappearance of Jonas Joseph T. Burgos, Lt. Col. Melquiades Feliciano, to produce the person of Jonas Joseph T. Burgos under the terms the Court of Appeals shall prescribe, and to show cause why Jonas Joseph T. Burgos should not be released from detention;
- REFER back the petition for habeas corpus to the same Division of the Court of Appeals which shall continue to hear this case after the required Returns shall have been filed and render a new decision within thirty (30) days after the case is submitted for decision; and
- ORDER the Chief of Staff of the Armed Forces of the Philippines and the Commanding General of the Philippine Army to be impleaded as parties, separate from the original respondents impleaded in the petition, and the dropping or deletion of President Gloria Macapagal-Arroyo as party-respondent.
- IN G.R. NO. 183712 (CONTEMPT OF COURT CHARGE, CA-G.R. SP No. 100230)
e. AFFIRM the dismissal of the petitioner’s petition for Contempt in CA-G.R. SP No. 100230, without prejudice to the re-filing of the contempt charge as may be warranted by the results of the subsequent CHR investigation this Court has ordered; and
f. ORDER the dropping or deletion of former President Gloria Macapagal-Arroyo as party-respondent, in light of the unconditional dismissal of the contempt charge against her.- IN G.R. NO. 183713 (WRIT OF AMPARO PETITION, CA-G.R. SP No. 00008-WA)
g. ORDER Lt. Harry A. Baliaga, Jr., impleaded in CA-G.R. SP No. 00008-WA and G.R. No. 183713, without prejudice to similar directives we may issue with respect to others whose identities and participation may be disclosed in future investigations and proceedings;
h. DIRECT Lt. Harry A. Baliaga, Jr., and the present Amparo respondents to file their Comments on the CHR report with the Court of Appeals, within a non-extendible period of fifteen (15) days from receipt of this Resolution.
i. REQUIRE General Roa of the Office of the Judge Advocate General, AFP; the Deputy Chief of Staff for Personnel, JI, AFP, at the time of our June 22, 2010 Resolution; and then Chief of Staff, AFP, Gen. Ricardo David, (a) to show cause and explain to this Court, within a non-extendible period of fifteen (15) days from receipt of this Resolution, why they should not be held in contempt of this Court for their defiance of our June 22, 2010 Resolution; and (b) to submit to this Court, within a non-extendible period of fifteen (15) days from receipt of this Resolution, a copy of the documents requested by the CHR, particularly:
1) The profile and Summary of Information and pictures of T/Sgt. Jason Roxas (Philippine Army); Cpl. Maria Joana Francisco (Philippine Air Force); M/Sgt. Aron Arroyo (Philippine Air Force); an alias T.L. - all reportedly assigned with Military Intelligence Group 15 of Intelligence Service of the Armed Forces of the Philippines - and 2Lt. Fernando, a lady officer involved in the counter-insurgency operations of the 56th IB in 2006 to 2007; 2) Copies of the records of the 2007 ERAP 5 incident in Kamuning, Quezon City and the complete list of the intelligence operatives involved in that said covert military operation, including their respective Summary of Information and individual pictures; and 3) Complete list of the officers, women and men assigned at the 56th and 69th Infantry Battalion and the 7th Infantry Division from January 1, 2004 to June 30, 2007 with their respective profiles, Summary of Information and pictures; including the list of captured rebels and rebels who surrendered to the said camps and their corresponding pictures and copies of their Tactical Interrogation Reports and the cases filed against them, if any.
These documents shall be released exclusively to this Court for our examination to determine their relevance to the present case and the advisability of their public disclosure.
j. ORDER the Chief of Staff of the Armed Forces of the Philippines and the Commanding General of the Philippine Army to be impleaded as parties, in representation of their respective organizations, separately from the original respondents impleaded in the petition; and the dropping of President Gloria Macapagal-Arroyo as party-respondent;
k. REFER witnesses Jeffrey T. Cabintoy and Elsa B. Agasang to the Department of Justice for admission to the Witness Protection Security and Benefit Program, subject to the requirements of Republic Act No. 6981; and
l. NOTE the criminal complaint filed by the petitioner with the DOJ which the latter may investigate and act upon on its own pursuant to Section 21 of the Rule on the Writ of Amparo.[3]
The Respondents’ September 23, 2011 Manifestation and Motion
(a) to NOTE the Explanation separately filed by Brigadier Gen. Gilberto Jose C. Roa, Armed Forces of the Philippines (AFP), General Ricardo A. David, Jr., AFP (ret.), and Rear Admiral Cornelio A. dela Cruz, Jr., AFP; x x x x (c) to LIMIT the documents to be submitted to this Court to those assigned at the 56th Infantry Battalion (IB) from January 1, 2004 to June 30, 2007, and to SUBMIT these materials within ten (10) days from notice of this Resolution, without prejudice to the submission of the other documents required under the Court’s July 5, 2011 Resolution, pertaining to those assigned at the other units of the AFP, should the relevance of these documents be established during the Court of Appeal’s hearing; (d) to REQUIRE the submission, within ten (10) days from notice of this Resolution, of the Summary of Information and individual pictures of the intelligence operatives involved in the ERAP 5 incident, in compliance with the Court’s July 5, 2011 Resolution; (e) to REQUIRE the submission, within ten (10) days from notice of this Resolution, of the profile and Summary of Information and pictures of an alias T.L., reportedly assigned with Military Intelligence Group 15 of the Intelligence Service of the AFP and of a 2Lt. Fernando, a lady officer in the counter-insurgency operations of the 56th IB in 2006 to 2007, in compliance with the Court’s July 5, 2011 Resolution.[4]
D. The Court’s September 6, 2011 Resolution
- The Summary of Information (SOI) of the officers and enlisted personnel of the 56th IB, 7th ID from January 1, 2004 to June 30, 2007;
- The Summary of Information (SOI) of the intelligence operatives who were involved in the ERAP 5 incident; and
- The Summary of Information (SOI) of 2Lt. Fernando, who was a member of the 56th IB, 7th ID.[5]
E. The Court’s October 11, 2011 Resolution
(3) DENY the petitioner’s request to be allowed to examine the documents submitted to this Court per paragraph (i) of the fallo of our July 5, 2011 Resolution, without prejudice to our later determination of the relevance and of the advisability of public disclosure of those documents/materials;[6]
F. The Court’s November 29, 2011 Resolution
(1) REQUIRE the Commission on Human Rights to undertake all available measures to obtain the affidavit of witness Virgilio Eustaquio in connection with his allegation that one of the male abductors of Jonas Joseph T. Burgos, appearing in the cartographic sketch, was among the “raiders” who abducted him and four others, identified as Jim Cabauatan, Jose Curament, Ruben Dionisio and Dennis Ibona (otherwise known as the “ERAP FIVE”); (2) DIRECT the Commission on Human Rights to submit to this Court, within thirty (30) days from receipt of this Resolution, a Report, with its recommendations of its ongoing investigation of Burgos’ abduction, and the affidavit of Virgilio Eustaquio, if any, copy furnished the petitioner, the Court of Appeals, the incumbent Chiefs of the AFP, the PNP and the PNP-CIDG, and all the present respondents before the Court of Appeals.[7]
In our November 29, 2011 Resolution, we denied the CHR's request considering the confidential nature of the requested documents and because the relevance of these documents to the present case had not been established. We referred the CHR to our July 5, 2011 Resolution where we pointedly stated that these documents shall be “released exclusively to this Court for our examination to determine their relevance to the present case and the advisability of their public disclosure.”[9]
- SOI of the officers and enlisted personnel of the 56th IB, 7th ID from January 1, 2004 to June 30, 2007;
- SOI of the intelligence operatives who were involved in the ERAP 5 incident; and
- SOI of 2Lt. Fernando who was a member of the 56th IB, 7th ID.[8]
H. The March 18, 2013 CA Decision
- I was one of the victims in the abduction incident on May 22, 2006 otherwise known as ERAP 5 and because of that, we filed a case with the Ombudsman against Commodore Leonardo Calderon, et al., all then ISAFP elements, docketed as OMB-P-C-06-04050-E for Arbitrary Detention, Unlawful Arrest, Maltreatment of Prisoners, Grave Threats, Incriminatory Machination, and Robbery.
- On March 16, 2012, I was approached again by the CHR Special Investigation Team regarding the information I have previously relayed to them sometime in September 2010 as to the resemblance of the cartographic sketch of the man as described by the two eyewitnesses Elsa Agasang and Jeffrey Cabintoy in the abduction case of Jonas Burgos;
- I can say that the male abductor of Jonas Burgos appearing in the cartographic sketch is among the raiders who abducted me and my four other companions because the cartographic sketch almost exactly matched and/or resembled to the cartographic sketch that I also provided and described in relation to the said incident at my rented house in Kamuning, Quezon City on May 22, 2006.
- I am executing this affidavit voluntarily, freely and attest to the truth of the foregoing.[11]
1) | RECOGNIZING the abduction of Jonas Burgos as an enforced disappearance covered by the Rule on the Writ of Amparo; | |
2) | With regard to authorship, | |
a) | DECLARING Maj. Harry A. Baliaga, Jr. RESPONSIBLE for the enforced disappearance of Jonas Burgos; and | |
b) | DECLARING the Armed Forces of the Philippines and elements of the Armed Forces of the Philippines, particularly the Philippine Army, ACCOUNTABLE for the enforced disappearance of Jonas Burgos; | |
3) | DECLARING the Philippine National Police ACCOUNTABLE for the conduct of an exhaustive investigation of the enforced disappearance of Jonas Burgos. To this end, the PNP through its investigative arm, the PNP-CIDG, is directed to exercise extraordinary diligence to identify and locate the abductors of Jonas Burgos who are still at large and to establish the link between the abductors of Jonas Burgos and those involved in the ERAP 5 incident. | |
(4) | DIRECTING the incumbent Chief of Staff of the Armed Forces of the Philippines and the Director General of the Philippine National Police, and their successors, to ensure the continuance of their investigation and coordination on the enforced disappearance of Jonas Burgos until the persons found responsible are brought before the bar of justice; | |
(5) | DIRECTING the Commission on Human Rights to continue with its own independent investigation on the enforced disappearance of Jonas Burgos with the same degree of diligence required under the Rule on the Writ of Amparo; and | |
(6) | DIRECTING the Armed Forces of the Philippines and the Philippine National Police to extend full assistance to the Commission on Human Rights in the conduct of the latter’s investigation. |
5. x x x[T]he Director General, PNP, respectfully takes exception to the Honorable Court’s findings that the PNP, specifically the CIDG, “failed to exercise extraordinary diligence in the conduct of its investigation.” x x x [T]hat this Honorable Court arrived at a conclusion different from that of the CIDG, or accorded different credence to the statements of the witnesses presented by the parties, does not necessarily translate to the CIDG’s failure to exercise extraordinary diligence.I. The CA Resolution dated May 23, 2013
6. The Chief of Staff, AFP also takes exception to the Honorable Court’s findings that the “Chief of Staff of the Armed Forces of the Philippines and the Commanding General should be held accountable for Jonas Burgos disappearance for failing to exercise extraordinary diligence in conducting an internal investigation on the matter. The unwillingness of the respondent officers of the 56th IB to cooperate in the investigation conducted by the CHR is a persuasive proof of the alleged cover up of the military’s involvement in the enforced disappearance of Jonas Burgos.”
The AFP and the Philippine Army conducted a thorough investigation to determine the veracity of the allegations implicating some of its officers and personnel. After the conduct of the same, it is the conclusion of the Armed Forces of the Philippines and the Philippine Army, based on the evidence they obtained, that Jonas Burgos has never been in custody.
7. The Chief of Staff, AFP, also respectfully takes exception to the finding of the Honorable Court “recognizing the abduction of Jonas Burgos as an enforced disappearance.”
x x x x
That the Honorable Court found a member of the Philippine Army or even a group of military men to be responsible for the abduction of Jonas Burgos, does not necessarily make the same a case of “enforced disappearance” involving the State. There is dearth of evidence to show that the government is involved. Respondent Baliaga’s alleged participation in the abduction and his previous membership in the 56th Infantry Battalion of the Philippine Army, by themselves, do not prove the participation or acquiescence of the State.[13]
i. The respondents’ Comment from the petitioner’s Urgent Ex Parte Motion Ex Abundanti Cautela dated June 6, 2013
(1) required BGen. Roa and Lt. Gen. Emmanuel T. Bautista to fully comply with the terms of Section III (i) of the dispositive portion of our July 5, 2011 Resolution within fifteen (15) days from receipt of the resolution; (2) required Lt. Gen. Emmanuel T. Bautista to submit a written assurance within fifteen (15) days from receipt of the Resolution that the military personnel listed in the submitted After Apprehension Report can be located and be served with the processes that the Court may serve; (3) issued a Temporary Protection Order in favor of the petitioner and all the members of her immediate family; (4) directed the DOJ and the NBI to provide security and protection to the petitioner and her immediate family and to submit a confidential memorandum on the security arrangements made; (5) directed the NBI to coordinate and provide direct investigative assistance to the CHR as it may require pursuant to the authority granted under the Court’s June 22, 2010 Resolution.[15]
a. In his June 3, 2013 Affidavit, Col. Feliciano stated:Second, the respondents note that none of the documents submitted by the petitioner were signed; a writ of Amparo cannot be issued and the investigation cannot progress on the basis of false documents and false information.b. In his May 31, 2013 Affidavit, Maj. Margarata stated:
- That I was assigned as Battalion Commander of 56th Infantry Division, 7th Infantry Division, PA last 17 January 2007 to 17 August 2007.
- That I was showed a photocopy of the After Apprehension Report dated 30 April 2007 wherein members of 56th IB, 7ID, PA were included therein.
- I vehemently oppose to (sic) the existence of the said document and the participation of my men listed thereat. There were no military operations that I have authorized or approved regarding Jonas Burgos. The contents thereof are false and utter fabrication of facts.
c. In her May 31, 2013 Affidavit, Cpl. Benedicto stated:
- That I was assigned at 72nd Military Intelligence Company (72MICO), 7th Infantry Division, PA from 01 July 2006 to 01 July 2008.
- That I was showed a photocopy of the Psycho-Social Processing Report dated 28 April 2007 and After Apprehension Report dated 30 April 2007, both of which purportedly came from 72MICO, 7th Infantry Division, Philippine Army and that on the last page of the Pyscho-Social Processing Report appears my name therein.
- I vehemently oppose to (sic) the existence of the said documents and the implication of my name in the said documents. The contents thereof are purely a product of wild imagination. I have never seen such document until now.
- I can only surmise that these are plainly a fishing expedition on the part of Mrs. Edita Burgos. A ploy to implicate any military personnel especially those belonging to the 7th Infantry Division, Philippine Army.
- That I was never assigned at 72nd Military Intelligence Company, 7th Infantry Division, PA.
- That I was showed a photocopy of the Psycho-Social Processing Report dated 28 April 2007 and After Apprehension Report dated 30 April 2007, both of which purportedly came from 72MICO, 7th Infantry Division, Philippine Army and that on the last page of the Psycho-Social Processing Report appears my name therein.
- I vehemently oppose to (sic) the existence of the said documents and the implication of my name in the said documents. The contents thereof are false and utter fabrication of facts. How can I ever be at 72MICO if I was never assigned thereat.
- I have never been an interrogator in my entire military service. I have never been a member of any operation which involves the name of Jonas Burgos or any other military operation for that matter. I have never seen such document until now.
- Furthermore, I have never worked with Maj. Allan Margarata or of his unit, 72MICO.[18]
Responsibility refers to the extent the actors have been established by substantial evidence to have participated in whatever way, by action or omission, in an enforced disappearance, as a measure of the remedies this Court shall craft, among them, the directive to file the appropriate criminal and civil cases against the responsible parties in the proper courts. Accountability, on the other hand, refers to the measure of remedies that should be addressed to those who exhibited involvement in the enforced disappearance without bringing the level of their complicity to the level of responsibility defined above; or who are imputed with knowledge relating to the enforced disappearance and who carry the burden of disclosure; or those who carry, but have failed to discharge, the burden of extraordinary diligence in the investigation of the enforced disappearance.[26]In the present case, while Jonas remains missing, the series of calculated directives issued by the Court outlined above and the extraordinary diligence the CHR demonstrated in its investigations resulted in the criminal prosecution of Lt. Baliaga. We take judicial notice of the fact that the Regional Trial Court, Quezon City, Branch 216, has already found probable cause for arbitrary detention against Lt. Baliaga and has ordered his arrest in connection with Jonas’ disappearance.[27]
(1) | DIRECT the PNP through its investigative arm, the PNP-CIDG, to identify and locate the abductors of Jonas Burgos who are still at large and to establish the link between the abductors of Jonas Burgos and those involved in the ERAP 5 incident; |
(2) | DIRECT the incumbent Chief of Staff of the Armed Forces of the Philippines and the Director General of the Philippines National Police, and their successors, to ensure the continuance of their investigation and coordination on the enforced disappearance of Jonas Burgos until the persons found responsible are brought before the bar of justice; |
(3) | DIRECT the Commission on Human Rights to continue with its own independent investigation on the enforced disappearance of Jonas Burgos with the same degree of diligence required under the Rule on the Writ of Amparo; |
(4) | DIRECT the Armed Forces of the Philippines and the Philippine National Police to extend full assistance to the Commission on Human Rights in the conduct of the latter’s investigation; and |
(5) | DIRECT the Chief of Staff, Armed Forces of the Philippines, the Director General, Philippine National Police and the Chairman, Commission on Human Rights to submit a quarterly report to the Court on the results of their respective investigation.[28] |
(1) | DENY petitioner Edita Burgos’ Urgent Ex Parte Motion Ex Abundanti Cautela; |
(2) | REFER the petitioner’s Urgent Ex Parte Motion Ex Abundanti Cautela, this Resolution and its covered cases to the Department of Justice for investigation for the purpose of filing the appropriate criminal charges in the proper courts against the proper parties if such action is warranted by the gathered evidence. The referral to the Department of Justice is without prejudice to the Office of the Ombudsman’s exercise of its primary jurisdiction over the investigation should the case be determined to be cognizable by the Sandiganbayan; |
(3) | DIRECT the petitioner to furnish the Department of Justice and the National Bureau of Investigation copies of her Urgent Ex Parte Motion Ex Abundanti Cautela, together with the sealed attachments to the Motion, within five (5) days from receipt of this Resolution; |
(4) | DIRECT the Clerk of Court of the Supreme Court to allow the duly-authorized representatives of the Commission on Human Rights to inspect the requested documents in camera within five (5) days from receipt of this Resolution. For this purpose, the documents shall be examined and compared with the cartographic sketches of the two abductors of Jonas Burgos without copying and bringing the documents outside the premises of the Office of the Clerk of Court of the Supreme Court. The inspection of the documents shall be conducted within office hours and for a reasonable period of time that would allow the Commission on Human Rights to comprehensively investigate the lead provided by Virgilio Eustaquio; |
(5) | DIRECT the National Bureau of Investigation to coordinate and provide direct investigative assistance to the Commission on Human Rights as the latter may require, pursuant to the authority granted under the Court’s June 22, 2010 Resolution. |
(6) | REQUIRE the Commission on Human Rights to submit a supplemental investigation report to the Department of Justice, copy furnished the petitioner, the National Bureau of Investigation, the incumbent Chiefs of the Armed Forces of the Philippines, the Philippine National Police and the Philippine National Police-Criminal Investigation and Detection Group, and all the respondents, within sixty (60) days from receipt of this Resolution. |
(7) | DECLARE this Writ of Amparo proceeding closed and terminated, without prejudice to the concerned parties’ compliance with the above directives and subject to the Court’s continuing jurisdiction to enforce compliance with this Resolution. |
(1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory agency of Government, the investigation of such cases.See also Honasan II v. The Panel of Investigating Prosecutors of the Department of Justice, G.R. No. 159747, April 13, 2004, 427 SCRA 46, 70, where the Court held that the “DOJ Panel is not precluded from conducting any investigation of cases against public officers involving violations of penal laws but if the cases fall under the exclusive jurisdiction of the Sandiganbayan, then respondent Ombudsman may, in the exercise of its primary jurisdiction take over at any stage.”