The Supreme Court affirmed the order for military officials to release Sherlyn Cadapan, Karen Empeño, and Manuel Merino, victims of enforced disappearance. The ruling clarified that command responsibility, while not establishing criminal liability in amparo proceedings, identifies superiors who can ensure the protection of victims’ rights, emphasizing the state’s duty to investigate and prosecute those responsible for human rights violations.

When Duty Calls: Military Accountability in Enforced Disappearances

The case stems from the abduction of Sherlyn Cadapan, Karen Empeño, and Manuel Merino in Hagonoy, Bulacan, on June 26, 2006. The families of the victims filed petitions for habeas corpus and amparo, seeking their release and protection. The Court of Appeals initially dismissed the habeas corpus petition, stating it was not the appropriate remedy since the respondents denied custody of the missing persons. However, it later granted a motion for reconsideration, ordering the release of the victims based on the testimony of Raymond Manalo, a witness who claimed to have seen them in military custody.

The Supreme Court was then faced with consolidated petitions (G.R. Nos. 184461-62, 184495, and 187109), questioning the appellate court’s decision. Petitioners Lt. Col. Rogelio Boac, et al., challenged the credibility of Raymond Manalo’s testimony and argued that they did not have custody of the missing persons. On the other hand, Erlinda Cadapan and Concepcion Empeño contested the appellate court’s decision insofar as the amparo aspect was concerned, particularly the failure to grant interim reliefs for inspection of places and production of documents, and the dropping of President Gloria Macapagal-Arroyo as a respondent.

At the heart of the case was the testimony of Raymond Manalo. The petitioners argued that Manalo’s account was inconsistent and unreliable. However, the Supreme Court sided with the Court of Appeals, affirming the credibility of Manalo’s testimony, referencing the Court’s own assessment in Secretary of National Defense v. Manalo, where his account of abduction and detention by the military was deemed candid and forthright. The Court emphasized the importance of Manalo’s personal account, which detailed his encounter with Sherlyn, Karen, and Merino while in detention.

We affirm the factual findings of the appellate court, largely based on respondent Raymond Manalo’s affidavit and testimony, viz:

The Court also addressed the issue of command responsibility, particularly concerning whether military commanders could be held liable for the acts of their subordinates in an amparo proceeding. The Court clarified that while command responsibility is typically a form of criminal complicity, its application in amparo cases is limited. It serves to identify those accountable individuals who have the power to effectively implement whatever processes an amparo court would issue. This is not to impute criminal responsibility but to pinpoint the superiors in the best position to protect the rights of the aggrieved party.

If command responsibility were to be invoked and applied to these proceedings, it should, at most, be only to determine the author who, at the first instance, is accountable for, and has the duty to address, the disappearance and harassments complained of, so as to enable the Court to devise remedial measures that may be appropriate under the premises to protect rights covered by the writ of amparo.

Building on this principle, the Court considered Republic Act No. 9851 (RA 9851), which includes command responsibility as a form of criminal complicity in crimes against international humanitarian law, genocide, and other crimes. The Court determined the individuals responsible for the abduction and continued detention of the victims. This includes Lt. Col. Anotado, Lt. Mirabelle, Gen. Palparan, Lt. Col. Boac, Arnel Enriquez, and Donald Caigas, who were ordered to comply with the appellate court’s decision to immediately release the victims. The petitions against Generals Esperon, Razon, and Tolentino were dismissed due to a lack of evidence showing their accountability.

The Court also addressed the procedural issue of whether a motion for execution is necessary for an amparo or habeas corpus decision. It was emphasized that the right to life, liberty, and security is at stake in these proceedings, and therefore, the execution of any decision must be expedited. The Court ruled that the appellate court erred in stating that its directive to immediately release the victims was not automatically executory. The Court asserted that such a requirement would defeat the very purpose of having summary proceedings in amparo petitions.

FAQs

What was the key issue in this case?	The central issue was whether military officials were accountable for the enforced disappearance of Sherlyn Cadapan, Karen Empeño, and Manuel Merino and whether the Court of Appeals’ order for their release was immediately executory.
What is a writ of amparo?	A writ of amparo is a remedy available to any person whose right to life, liberty, and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. It is a protective remedy aimed at ensuring the immediate protection of these rights.
What is command responsibility?	Command responsibility is the doctrine that holds superiors accountable for the crimes committed by their subordinates if they knew or should have known about the crimes and failed to take necessary measures to prevent or punish them. In this case, it was used to identify responsible individuals for the abduction and detention.
How did the Court assess Raymond Manalo’s testimony?	The Court found Raymond Manalo’s testimony credible, referencing its previous assessment in Secretary of National Defense v. Manalo, where his account of abduction and detention by the military was deemed candid and forthright.
What is the significance of Republic Act No. 9851 in this case?	Republic Act No. 9851 (RA 9851) includes command responsibility as a form of criminal complicity in crimes against international humanitarian law, genocide, and other crimes. It was considered to determine the individuals responsible for the abduction and continued detention of the victims.
Why did the Court dismiss the petitions against Generals Esperon, Razon, and Tolentino?	The petitions against Generals Esperon, Razon, and Tolentino were dismissed because there was no evidence showing that they were accountable for the abduction and continued detention of Sherlyn Cadapan, Karen Empeño, and Manuel Merino.
Is a motion for execution needed for an amparo or habeas corpus decision?	The Court ruled that a motion for execution is not needed for an amparo or habeas corpus decision because the right to life, liberty, and security is at stake. Any delay in the execution of the decision would defeat the purpose of these remedies.
Who was ordered to immediately release the victims?	The Court ordered Lt. Col. Felipe Anotado, Lt. Francis Mirabelle Samson, Gen. Jovito Palparan, Lt. Col. Rogelio Boac, Arnel Enriquez, and Donald Caigas to immediately release Sherlyn Cadapan, Karen Empeño, and Manuel Merino from detention.

This landmark decision underscores the importance of command responsibility in cases of enforced disappearance and human rights violations. By emphasizing the immediate executory nature of amparo decisions, the Supreme Court reaffirmed its commitment to protecting the fundamental rights of individuals and ensuring accountability for those responsible for their violation.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: LT. COL. ROGELIO BOAC v. ERLINDA T. CADAPAN, G.R. Nos. 184461-62, May 31, 2011