Burgos

WRITS
EDITA BURGOS, Petitioner vs. PRESIDENT GLORIA MACAPAGAL- GR Nos. 183711-183713

ARROYO, GEN. HERMOGENES ESPERON, JR., LT. GEN. ROMEO 22 June 2010
TOLENTINO, MAJ. GEN. JUANITO GOMEZ, MAJ. GEN. DELFIN
BANGIT, LT. COL. NOEL CLEMENT, LT. COL. MELQUIADES
Ponente: BRION, J
FELICIANO, and DIRECTOR GENERAL OSCAR
CALDERON, Respondents.
CASE DOCTRINE/ CONCEPTS
FACTS
At around 1PM, Jonas - a farmer advocate and a member of Kilusang Magbubukid sa Bulacan– was
forcibly taken and abducted by a group of 4 men and a woman from the Hapag Kainan
Restaurant, Ever Gotesco Mall, QC. On his way out of the restaurant, Jonas told the manager,
"Ma’am aktibista lang po ako!" A security guard tried to intervene after noticing that the group was
forcibly dragging Jonas out of the restaurant, he was told, "Pare, pulis!" The guard then backed off
but was able to see that Jonas was forced into the rear portion of a plain maroon colored Toyota
Revo with plate number TAB 194. The guard noted the plate number and reported the incident to
his superiors as well as to the police on duty in the said mall.
Edita held a press conference and announced that her son was missing. Upon subsequent police
investigation and LTO verification, it was discovered that plate number was registered to a 1991
Isuzu XLT vehicle owned by a certain Mauro Mudlong. DENR later confirmed that Mudlong was
arrested on 2006 and his vehicle was seized and impounded by the Philippine Army for
transporting timber without permit. Thereafter, it was discovered that the plate number of the
seized vehicle was missing, and the engine and other spare parts were "cannibalized." Further, the
police were able to generate cartographic sketches of two (male and female) of the abductors of
Jonas based on its interview of eyewitnesses.
PNP-CIDG presented the theory that the NPA perpetrated the abduction of Jonas. They presented as
witness, members of the NPA who claimed that Jonas was a member of the NPA and was known as Ka
Ramon. Apparently, they belonged to the White Area Committee doing intelligence work for the
movement and Ka Ramon was their political instructor and head of the intelligence unit in the
province. Allegedly, Jonas was placed under surveillance as they suspected him of pilfering funds
from the party and of acting as a military agent.
COURT OF APPEALS – partially granted the privilege of the Writ of Amparo.

 The evidence does not indicate whether the abductors are members of the military or the
police or are civilians; if they are civilians, whether they acted on their own or were following
orders, and in the latter case, from whom.
 The investigations by the AFP and the PNP were lacking the required extraordinary diligence
on following all possible leads. The PNP-CIDG’s investigation should focus on the criminal
aspect of the case and should not discount the possible involvement of members of the AFP.
 Mauro Mudlong cannot be charged even if he owned the vehicle because there is no factual
basis or evidence to connect him to the loss of the license plate as well as to the abduction of
Jonas.
 Based on the Certification issued by the Assistant Chief State Prosecutor - that no case has
been referred by the PNP to the DOJ for preliminary investigation in relation to the abduction
and disappearance of Jonas.
ISSUE/S
WON THE WRIT OF AMPARO MAY BE ISSUED. [NOT YET]
RULING
The PNP and the AFP have failed to conduct an exhaustive and meaningful investigation into the
disappearance of Jonas, and to exercise the extraordinary diligence that the Rule on the Writ of
Amparo requires. Because of the investigative shortcomings, the Court cannot rule on the case until a
more meaningful investigation, using extraordinary diligence, is undertaken.
From the records, there are very significant lapses in the handling of the investigation.
 No significant follow through was also made by the PNP-CIDG in ascertaining the identities of the
cartographic sketches of two of the abductors despite the evidentiary leads provided by State Prosecutor
Velasco of the DOJ. Velasco identified the persons who were possibly involved in the abduction
(Roxas, Francisco, Arroyo, and an alias T.L.), all reportedly assigned with the Intelligence Service of
the AFP. Yet, no search and certification were ever made on whether these persons were AFP
personnel.
 No independent investigation appeared to have been made by the PNP-CIDG to inquire into the veracity of
the witness’ claims that Jonas was abducted by a guerilla unit of the NPA. The records do not indicate a
follow-up investigation was conducted to determine the identities and whereabouts of the
abductors. These omissions were aggravated by the CA finding that the PNP has yet to refer any
case for preliminary investigation to the DOJ despite its representation that it had forwarded all
documents to the DOJ for the filing of appropriate charges against @KA DANTE and @KA ENSO.
Based on these considerations, we conclude that further investigation and monitoring should
be undertaken. While significant leads have been provided, the investigations have been
incomplete. The PNP-CIDG’s investigation particularly leaves much to be desired in terms of the
extraordinary diligence that the Rule on the Writ of Amparo requires. For this reason, the present
case is referred to the CHR as the Court’s directly commissioned agency tasked with the
continuation of the investigation, with the obligation to report its factual findings and
recommendations.
Commission on Human Rights - a specialized and independent agency created and empowered by
the Constitution to investigate all forms of human rights violations involving civil and political
rights and to provide appropriate legal measures for the protection of human rights of all persons
within the Philippines. It is shall conduct field investigations –with the tasks of:
a. Ascertaining the identities of the persons appearing in the cartographic sketches of the
alleged abductors as well as their whereabouts;
b. Determining based on records, the identities and locations of the persons identified by
State Prosecutor Velasco alleged to be involved in the abduction of Jonas. Further
proceedings and investigations should be made to pursue the lead on the identities of the
possible abductors;
c. Inquiring into the veracity of Lipio’s and Manuel’s claims that Jonas was abducted by a
certain CPP/NPA guerilla unit;
d. Determining based on records, the identities and whereabouts of @KA DANTE and @KA
ENSO; and
e. Undertaking all measures that may be necessary to live up to the extraordinary measures
required in addressing an enforced disappearance under the Rule on the Writ of Amparo.
 AFP and PNP are REQUIRED to make available all documents and records in their
possession, relevant to the case, subject to reasonable regulations consistent with the
Constitution and existing laws;
 DIRECT the PNP-CIDG to submit the records and results of the investigation the PNP-
CIDG claimed to have forwarded to DOJ and to provide direct investigative assistance,
pursuant to the authority granted to CHR under this Resolution;
 AUTHORIZE the CHR to conduct exhaustive investigation that extends to all aspects of
the case, as the extraordinary measures the case may require; and
 REQUIRE the CHR to submit a Report with its recommendations, copy furnished the
petitioner, the incumbent Chiefs of the AFP, the PNP and the PNP-CIDG, and all the
respondents, within 90 days from receipt of this Resolution.

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WRITS

EDITA BURGOS, Petitioner vs. PRESIDENT GLORIA MACAPAGAL- GR Nos. 183711-183713

COURT OF APPEALS – partially granted the privilege of the Writ of Amparo.

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