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JurisprudenceG.R. No. 183711 -

EDITA T. BURGOS, VS. 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.

En Banc

Cited Laws

RA 160RA 6975,
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TL;DR — Ruling

wherefore of the loss of the license plate in their custody and its appearance in a vehicle (a maroon Toyota Revo) used in Jonas' abduction. The CA also ruled that the AFP has the burden of "connect[ing] certain loose ends" [22] regarding the identity of @Ka Ramon (as referred to by the petitioner's witnesses) and the allegation that @Ka Ramon is indeed Jonas in the "Order of Battle." As for the PNP-CIDG, the CA branded its investigation as "rather shallow" and "conducted haphazardly.

Decision

Ruling

wherefore of the loss of the license plate in their custody and its appearance in a vehicle (a maroon Toyota Revo) used in Jonas' abduction. The CA also ruled that the AFP has the burden of "connect[ing] certain loose ends" [22] regarding the identity of @Ka Ramon (as referred to by the petitioner's witnesses) and the allegation that @Ka Ramon is indeed Jonas in the "Order of Battle." As for the PNP-CIDG, the CA branded its investigation as "rather shallow" and "conducted haphazardly." The CA took note that P/Supt. Estomo's investigation merely delved into the administrative liability of Lt. Col. Clement, Lt. Col. Feliciano and Lt. Col. Caga of the 56 th IB, and failed to consider them as suspects in the abduction of Jonas. The CA emphasized that the PNP-CIDG's investigation should focus on the criminal aspect of the present case pursuant to Section 24 of Republic Act No. 6975, which mandates the PNP to "investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution." The CA also found P/Supt. Estomo's recommendation that appropriate charges be filed against Mauro Mudlong (registered owner of the impounded 1991 Isuzu XLT vehicle with plate license no. TAB 194) to be without any factual basis since no evidence was presented to connect the latter to the loss of the license plate as well as to the abduction of Jonas. The CA stressed that it could not find any valid reason why Mudlong should be treated any differently from the three 56 th IB colonels whom the PNP-CIDG did not consider as suspects despite the established fact that license plate no. TAB 194 was lost while in their custody. On the PNP-CIDG's new information from Lipio who claimed to have seen Jonas being abducted by a certain @KA DANTE and @KA ENSO of the CPP/NPA guerilla unit RYG, and on Marlon Manuel, who corroborated Lipio's statements, the CA held that steps should be taken by the PNP-CIDG to verify the veracity of these statements. Notwithstanding the new information, the CA noted that the PNP-CIDG should not discount the possible involvement of members of the AFP. Thus, the CA concluded that the PNP must exert extraordinary diligence in following all possible leads to resolve the crime committed against Jonas. Finally, the CA noted - based on the Certification issued by the Assistant Chief State Prosecutor, DOJ dated March 5, 2008 - that no case has been referred by the PNP to the DOJ for preliminary investigation in relation to the abduction and disappearance of Jonas. This is contrary to PNP's manifest representation that it had already forwarded all pertinent and relevant documents to the DOJ for the filing of appropriate charges against the suspects ( i.e. , @KA DANTE and @KA ENSO). The CA also held that the petitions for habeas corpus and contempt as against President Gloria Macapagal-Arroyo must be dropped since she enjoys the privilege of immunity from suit. The CA ruled that the President's immunity from