Philippine Supreme Court Resolutions > Year 2009 > June 2009 Resolutions > [G.R. No. 187834 : June 09, 2009] MELISSA C. ROXAS V. GLORIA MACAPAGAL-ARROYO, GILBERT TEODORO, GEN. VICTOR S. IBRADO, ET AL.:

Quoted hereunder, for your information, is a resolution of the Court En Banc dated June 9, 2009

"G.R. No. 187834 (Melissa C. Roxas v. Gloria Macapagal-Arroyo, Gilbert Teodoro, Gen. Victor S. Ibrado, et al.)


R E S O L U T I O N


Before the Court is a petition for the issuance of a Writ of Amparo and Habeas Data dated May 28, 2009, with enclosures, filed by Melissa C. Roxas impleading as respondents President Gloria Macapagal-Arroyo, Defense Secretary Gilbert Teodoro, General Victor S. Ibrado (Chief of Staff. Armed Forces of the Philippines), Police Director General Jesus Verzosa. and seven others.

Roxas avers in her petition that in the afternoon of May 19, 2009. in La Paz, Tarlac. around 15 armed men with strong evidence of being military, abducted and kidnapped her and two male companions on suspicion of being members of the Communist Party of the Philippines-National People's Army. From Tarlac, they were brought to a place which, judging from the distance and sounds heard, is strongly believed to be Fort Magsaysay, Laur, Nueva Ecija. There, she allegedly underwent tactical interrogation, declared to be in the order of battle, and was subjected to torture, which left her with a traumatic experience and caused her to fear for her security and life and that of her uncle. Ruben Roxas. She alleges also that before her release sometime on May 25, 2009. Karapatan made its own investigation of her disappearance and reported the matter to police authorities, whose initial reports tallied with the same pattern of abduction done by military forces; that the Office of the President and police and military authorities have not done anything substantial to investigate their personnel in the commission of the crime, leaving Roxas without plain, speedy, and adequate remedy to protect her rights except through the desired writ.

Roxas prays that, as relief, a Writ of Amparo and Habeas Data be issued ordering respondents to immediately desist from doing any act that would do her harm or threaten her security, including that of her uncle and his family. Further, she prays that respondents be ordered to allow the inspection of the detention areas in Fort Magsaysay, Laur, Nueva Ecija; to produce documents submitted to any of them regarding or connected with her case, inclusive of intelligence and provost martial reports prior to, during, and subsequent to May 19, 2009; to expunge such records; and finally to return her camera, PhP 15,000 in cash, and other personal properties taken from her during her alleged abduction.

Finding the petition to be sufficient in form and substance, the Court RESOLVES to:

(1)    ISSUE a Writ of Amparo and Habeas Data;

(2)    REFER this petition to the Presiding Justice of the Court of Appeals (CA), who shall cause the immediate raffle of this case among the CA justices;

(3)    ORDER respondents to make a verified RETURN of the Writ of Amparo and Habeas Data on or before June 15, 2009 (Monday) and to COMMENT on the petition before said date; and

(4)    DIRECT the CA in Manila to (a) HEAR the petition on June 18, 2009 (Thursday) and (b) DECIDE the case within ten (10) days after its submission for decision."

Carpio Morales, J., on official leave.