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IN MATTER OF PETITION FOR WRIT OF AMPARO v. GLORIA MACAPAGAL-ARROYO

FACTS:

Petitioner Noriel Rodriguez was abducted, detained, and tortured by soldiers from the 17th Infantry Battalion, 5th Infantry Division of the military. The Court of Appeals established sufficient evidence to prove the soldiers' involvement in these acts. The case against former President Gloria Macapagal-Arroyo and other respondents was dismissed by the Court for lack of merit. However, the Court directed the Office of the Ombudsman and the Department of Justice to investigate the potential liability of other respondents, including General Victor Ibrado and Lieutenant General Delfin Bangit. The Ombudsman requested more time to submit a report due to the petitioner's refusal to cooperate for security reasons. The respondents filed a motion for reconsideration arguing that they cannot be held accountable since they were not explicitly named as responsible for the abduction and torture. The Ombudsman's investigation report concluded that no liabilities could be attributed to the respondents, but highlighted the reluctance of the Rodriguez family to participate in the proceedings. Recent information reveals that the Rodriguez family has lost interest in participating in the case.

ISSUES:

  1. Whether the soldiers of the 17th Infantry Battalion, 5th Infantry Division of the military can be held accountable for the abduction and torture of petitioner Rodriguez.

  2. Whether criminal, civil, or administrative liabilities may be imputed to the respondents.

RULING:

  1. The Court affirms the finding of the Court of Appeals that there is sufficient evidence proving that the soldiers of the 17th Infantry Battalion, 5th Infantry Division of the military abducted, detained, and tortured petitioner Rodriguez.

  2. The Office of the Ombudsman conducted an investigation and concluded that no criminal, civil, or administrative liabilities may be imputed to the respondents.

PRINCIPLES:

  • Sufficient evidence may establish the accountability of the accused for the commission of a crime.

  • The Office of the Ombudsman has the authority to conduct investigations and determine liabilities for possible violations of the law.

  • The refusal of a petitioner or witness to appear or participate in the proceedings does not affect the validity of the writ or the determination of liabilities.