February 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 183711 : February 07, 2012]
EDITA T. BURGOS, PETITIONER -VERSUS- 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, RESPONDENTS.
Please take notice that the Court en banc issued a Resolution dated FEBRUARY 7, 2012, which reads as follows:cralaw
G.R. No. 183711 � EDITA T. BURGOS, petitioner -versus- 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, respondents.
G.R. No. 183713 � EDITA T. BURGOS, petitioner -versus- GEN. HERMOGENES ESPERON, JR., LT. GEN. ALEXANDER YANO and DIRECTOR GENERAL AVELINO RAZON, JR., respondents.
RESOLUTION
In our Resolution of July 5, 2011, we referred the present amparo and habeas corpus petitions to the Courts of Appeals (CA), for it to continue hearing the cases in light of the subsequent developments in this case, in particular, the Commission on Human Rights' (CHR) Investigation Report on the Enforced Disappearance of Jonas Burgos dated March 15, 2011.
On October 11, 2011, we Resolved to: (1) require the CHR to undertake all available measures to obtain the affidavit of witness Virgilio Eustaquio in connection with his allegation that one of the male abductors of Jonas Joseph T. Burgos (Burgos), appearing in the cartographic sketch, was one of the "raiders" who abducted him and four others, identified as Jim Cabauatan, Jose Curament, Ruben Dionisio, and Dennis Ibona (otherwise known as the "ERAP FIVE"); and (2) direct the CHR to submit to this Court, within thirty (30) days from receipt of the Resolution, a Report, with its recommendations, of its ongoing investigation of Burgos� abduction, and the affidavit of Virgilio Eustaquio, if any, copy furnished the petitioner, the CA, the incumbent Chiefs of the AFP, PNP and PNP-CIDG, and all the present respondents before the CA.
In our November 29, 21 Resolution, we denied the CHR's request for photocopies of the following documents: (i) SOI of the officers and enlisted personnel of the 56th IB, 7th ID from January 1, 2004 to June 30, 2007; (ii) SOI of the intelligence operatives who were involved in the ERAP 5 incident; (iii) SOI of 2Lt. Fernando who was a member of the 56th IB; and required the CHR to comply with the terms of our October 11, 2011 Resolution.cralaw
Considering the foregoing, the Court resolves to:
(1) DIRECT the Court of Appeals to submit to this Court, within seven (7) days from receipt of this Resolution, a progress report on the current status of the pending amparo and habeas corpus proceedings concerning the present case, copy furnished the petitioner, the Commission on Human Rights, the incumbent Chiefs of the AFP, PNP and PNP-CIDG, and all the present respondents before it; and(2) GRANT the Commission on Human Rights' request for a 60-day extension within which to file its Report, or up to March 24, 2012, with warning that no further extension shall be granted. Likewise, the Commission on Human Rights is reminded to faithfully and promptly comply with the directives in our Resolution of October 11, 2011, by March 24, 2012, again, without any further extension."
Del Castillo, J., on leave.
Abad, J., no part.
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court