Lex Rex Ph

In the Matter of the Petition for the Writ of Amparo and Habeas Data in favor of Noriel H. Rodriguez

Facts

Noriel Rodriguez was abducted, detained, and tortured by members of the 17th Infantry Battalion of the Ph Army to undertake certain confessions in relation to the NPA.

Issue:

Will Command Responsibility or Yamashita Standard apply to Writ of Amparo and Habeas Data proceedings?

Ruling

Yes. Command responsibility (CR) can be applied in the Writ of Amparo and habeas data proceedings. CR here is used to determine whether respondents are accountable and enable the courts to devise remedial measures to protect Noriel’s rights. However, Noriel failed to prove with substantial evidence that President Arroyo was responsible for the violation of his rights to life, liberty and property.

Class Quiz:

A japanese newscaster who disobeyed the Ph government’s warning not to visit Basilan because of the bandits. In the island, the japanese was beheaded by the bandits. The president then issued a statement “eestupeed japanese”

Suggested answer: No. Although the President is the commander in chief, the facts do not prove that he has substantial irresponsbility in the beheading of the Japanese reporter. His statement does not sufficiently establish failure of command to prevent the crime of terrorism. In fact, his government issued a sufficient warning.

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