Case Digest (G.R. No. 183711)
Facts:
- Jonas Joseph T. Burgos, son of Edita T. Burgos, was abducted on April 28, 2007, at Ever Gotesco Mall, Commonwealth Avenue, Quezon City.
- High-ranking officials, including President Gloria Macapagal-Arroyo, Gen. Hermogenes Esperon, Jr., Lt. Gen. Romeo P. Tolentino, Maj. Gen. Juanito Gomez, Maj. Gen. Delfin Bangit, Lt. Col. Noel Clement, Lt. Col. Melquiades Feliciano, and Director General Oscar Calderon, were named as respondents.
- The Court of Appeals (CA) initially dismissed the petition for a Writ of Habeas Corpus, denied the motion to hold the respondents in contempt, and partially granted the privilege of the Writ of Amparo.
- The Supreme Court referred the case to the Commission on Human Rights (CHR) due to significant lapses in the initial investigations by the PNP-CIDG and AFP.
- The CHR's investigation identified Lt. Harry A. Baliaga, Jr. as one of the abductors, leading to further legal actions and recommendations.
Issue:
- (Unlock)
Ruling:
- The Supreme Court set aside the CA's dismissal of the habeas corpus petition and issued a new writ of habeas corpus, returnable to the Presiding Justice of the CA.
- The Supreme Court affirmed the dismissal of the petitioner's petition for contempt without prejudice to the re-filing of the charge.
- The Supreme Court ordered the CA to co...(Unlock)
Ratio:
- The Supreme Court found that the PNP and AFP failed to conduct an exhaustive and meaningful investigation into Jonas Burgos' disappearance, necessitating further investigation by the CHR.
- The CHR's findings, particularly the identification of Lt. Baliaga as one of the abductors, provided new evidence that...continue reading
Case Digest (G.R. No. 183711)
Facts:
The case involves the enforced disappearance of Jonas Joseph T. Burgos, son of Edita T. Burgos, who was abducted on April 28, 2007, from Ever Gotesco Mall, Commonwealth Avenue, Quezon City. The respondents include high-ranking officials such as President Gloria Macapagal-Arroyo, Gen. Hermogenes Esperon, Jr., Lt. Gen. Romeo P. Tolentino, Maj. Gen. Juanito Gomez, Maj. Gen. Delfin Bangit, Lt. Col. Noel Clement, Lt. Col. Melquiades Feliciano, and Director General Oscar Calderon. The Court of Appeals (CA) initially dismissed the petition for the issuance of a Writ of Habeas Corpus, denied the motion to declare the respondents in contempt, and partially granted the privilege of the Writ of Amparo. The Supreme Court referred the case to the Commission on Human Rights (CHR) for further investigation due to significant lapses in the initial investigations by the PNP-CIDG and AFP. The CHR's investigation identified Lt. Harry A. Baliaga, Jr. as one of the abductors, leading to further legal actions and recommendations.
Issue:
- Whether the CA erred in dismissing the petition for the iss...