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026.2 Roxas vs. GMA_2012

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026.2 Roxas vs. GMA_2012
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   Philippine Supreme Court Resolutions > Year 2012 > February 2012 Resolutions > [G.R. No. 189155 : February 07, 2012] IN THE MATTER OF THE PETITION FOR THE WRIT OF AMPARO AND THE WRIT OF HABEAS DATA IN FAVOR OF MELISSA C. ROXAS, MELISSA C. ROXAS, PETITIONER, - VERSUS - GLORIA MACAPAGAL-ARROYO, GILBERT TEODORO, GEN. VICTOR S. IBRADO, P/DIR. GEN. JESUS AME VERZOSA, LT. GEN. DELFIN N. BANGIT, PC/SUPT. LEON NILO A. DELA CRUZ, MAJ. GEN. RALPH  VILLANUEVA, PS/SUPT. RUDY GAMIDO LACADIN, AND CERTAIN PERSONS WHO GO BY THE NAMES DEX, RC AND ROSE, RESPONDENTS. : EN BANC [G.R. No. 189155 : February 07, 2012] IN THE MATTER OF THE PETITION FOR THE WRIT OF AMPARO AND THE WRIT OF HABEAS DATA IN FAVOR OF MELISSA C. ROXAS, MELISSA C. ROXAS, PETITIONER, -  VERSUS - GLORIA MACAPAGAL-ARROYO, GILBERT TEODORO, GEN. VICTOR S. IBRADO, P/DIR. GEN. JESUS AME VERZOSA, LT. GEN. DELFIN N. BANGIT, PC/SUPT. LEON NILO A. DELA CRUZ, MAJ. GEN. RALPH VILLANUEVA, PS/SUPT. RUDY GAMIDO LACADIN, AND CERTAIN PERSONS WHO GO BY THE NAMES DEX, RC AND ROSE, RESPONDENTS. Sirs/Mesdames:  Please take notice that the Court en banc issued a Resolution dated FEBRUARY 7, 2012, which reads as follows:cralaw G.R. No. 189155 (In The Matter Of The Petition For The Writ Of Amparo And The Writ Of Habeas Data In Favor Of Melissa C. Roxas, Melissa C. Roxas, petitioner, - versus - Gloria Macapagal-Arroyo,[*] Gilbert Teodoro, Gen. Victor S. Ibrado, P/Dir. Gen. Jesus  Ame Verzosa, Lt. Gen. Delfin N. Bangit, PC/Supt. Leon Nilo A. Dela Cruz, Maj. Gen. Ralph Villanueva, PS/Supt. Rudy Gamido Lacadin, And Certain Persons Who Go By The Names Dex, Rc And Rose, respondents.) RESOLUTION The Antecedents In Our 7 September 2010 Decision,[1] after finding that the failure of the petitioner to present substantial proof as to the respondents' responsibility anent her abduction and torture was in part attributable to the lack of extraordinary diligence on the part of existing police and military investigations, this Court ordered the conduct of further investigations, this time, to be spearheaded by the Commission on Human Rights (CHR) as the designated lead investigating agency for purposes of this petition. The CHR was then required to submit a report of its investigations as well as a recommendation to the Court of Appeals which, in the meantime, retained jurisdiction of this case. Finally, We also directed the Court of Appeals to monitor the investigations and submit to this Court its own report and recommendation, for Our consideration and, ideally, final disposition. Specifically, Our directive reads:   WHEREFORE, the instant petition is PARTIALLY MERITORIOUS. We hereby render a decision: x x x x 4.) MODIFYING the directive that further investigation must be undertaken, as follows— a. APPOINTING the Commission on Human Rights as the lead agency tasked with conducting further investigation regarding the abduction and torture of the petitioner.  Accordingly, the Commission on Human Rights shall, under the norm of extraordinary diligence, take or continue to take the necessary steps; (a) to identify the persons described in the cartographic sketches submitted by the petitioner, as well as their whereabouts; and (b) to pursue any other leads relevant to petitioner's abduction and torture. b. DIRECTING the incumbent Chief of the Philippine National Police, or his successor, and the incumbent Chief of Staff of the Armed Forces of the Philippines, or his successor, to extend assistance to the ongoing investigation of the Commission on Human Rights, including but not limited to furnishing the latter a copy of its personnel records circa the time of the petitioner's abduction and torture, subject to reasonable regulations consistent with the Constitution and existing laws. c. Further DIRECTING the incumbent Chief of the Philippine National Police, or his successor, to furnish to this Court, the Court of Appeals, and the petitioner or her  representative, a copy of the reports of its investigations and their recommendations, other than those that are already part of the records of this case, within ninety (90) days from receipt of this decision. d. Further DIRECTING the Commission on Human Rights (a) to furnish to the Court of Appeals within ninety (90) days from receipt of this decision, a copy of the reports on its investigation and its corresponding recommendations; and (b) to provide or continue to provide protection to the petitioner during her stay or visit to the Philippines, until such time as may hereinafter be determined by this Court. 5.) REFERRING BACK the instant case to the Court of Appeals for the following purposes: a. To MONITOR the investigations and actions taken by the PNP, AFP, and the CHR; b. To DETERMINE, whether, in light of the reports and recommendations of the CHR, the abduction and torture of the petitioner was committed by persons acting under any of the public respondents; and on the basis of this determination— c. To SUBMIT to this Court within ten (10) days from receipt of the report and recommendation of the Commission on Human Rights—its own report, which shall include a recommendation either for the DISMISSAL of the petition as against the public respondents who were found not responsible and/or accountable, or for the  APPROPRIATE REMEDIAL MEASURES, AS MAY BE ALLOWED BY THE AMPARO AND
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