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abduction.
Facts:
Held:
an enemy of the State under the Oplan Bantay Laya, making its members
extrajudicial killing.
President does not enjoy immunity from suit, even for acts committed during
the latters tenure; that courts should look with disfavor upon the presidential
released, he filed a Petition for the Writ of Amparo and and Petition for the
Writ of Habeas Data with Prayers for Protection Orders, Inspection of Place,
and Production of Documents and Personal Properties. The petition was filed
Commission also reveal that the intent of the framers is clear that presidential
against former Pres. Arroyo, et al. The writs were granted but the CA
immunity from suit is concurrent only with his tenure and not his term. (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
Issue:
incumbent actually holds office. The tenure may be shorter than the term for
to
their
control
in
international
wars
or
domestic
3. Yes.
civil cases for human rights abuses. This development in the use of
subordinate;
b. the superior knew or had reason to know that the crime was about
to be or had been committed; and
be used to determine whether respondents are accountable for and have the
thereof.84
possesses control over the military that qualifies him as a superior within the
amparo cases in order to identify those accountable individuals that have the
issue. In such application, the amparo court does not impute criminal
position to protect the rights of the aggrieved party. Such identification of the
men as the perpetrators. While the Alston Report states that there is
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
tenure; 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. The deliberations of the Constitutional Commission also
reveal that the intent of the framers is clear that presidential immunity from
Doctrine:
suit is concurrent only with his tenure and not his term. Therefore, former
The presidential immunity from suit exists only in concurrence with the
Pres. GMA cannot use such immunity 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
Facts:
Petitioner Noriel Rodriguez is a member of Alyansa Dagiti Mannalon Iti
Cagayan (Kagimungan), a peasant organization affiliated with Kilusang
Magbubukid ng Pilipinas (KMP). He claims that the military tagged KMP as
an enemy of the State under the Oplan Bantay Laya, making its members
targets of extrajudicial killings and enforced disappearances.
Rodriguez was abducted by military men and was tortured repeatedly when
he refused to confess to his membership in the NPA. When released, he filed
a Petition for the Writ of Amparo and and Petition for the Writ of Habeas
Datawith Prayers for Protection Orders, Inspection of Place, and Production
of Documents and Personal Properties. The petition was filed against former
Pres. Arroyo, et al. The writs were granted but the CA dropped Pres Arroyo
as party-respondent, as she may not be sued in any case during her tenure
of office or actual incumbency.
Issue:
Whether former Pres GMA should be dropped as respondent on the basis of
presidential immunity from suit
Held:
No. As was held in the case of Estrada v Desierto, a non-sitting President
does not enjoy immunity from suit, even for acts committed during the latters