Court Affirms Melissa Roxas’s Abduction, Torture Claim But Clears Arroyo, Military

Published on August 27, 2009

Habeas Data

The court ordered the respondents to produce the following: (a) The lawful defense such as national security, state secrets, privileged communication, confidentiality of the source of information of media and others; (b) In case of respondent in charge, in possession or in control of the said data or information, subject of the petition; (i) a disclosure of the data or information about the petitioner, the nature of such data or information, and the purpose for its collection; (ii) the steps or actions taken by the respondent to ensure the security and confidentiality of the data or information; and (iii) the currency and accuracy of the data or information; and other allegations relevant to the resolution of the proceeding. (c) Other allegations relevant to the resolution of the proceeding.

In her petition, Roxas asked the court to expunge from her record any claims by the military that tended to violate her privacy rights. This includes the video presented by former general Jovito Palparan and ANAD Rep. Pastor Alcover that purportedly shows Roxas in a New People’s Army training camp.

The court said this video, if “continuously made available to the public,” will endanger the life of Roxas. “The unregulated dissemination of said unverified video CD or reports of petitioner’s alleged ties with the CPP-NPA indiscriminately made available for public consumption without evidence of its authenticity or veracity certainly violates petitioner’s right to privacy which must be protected by this court.”

The umbrella group Bagong Alyansang Makabayan (Bayan), of which the Los Angeles-based Roxas is a member, said in a statement Thursday that it welcomed “positive portions” of the Court of Appeals decision.

“The CA has correctly pointed out that Melissa was indeed abducted and tortured and that there is no truth to the claims by the Arroyo government that the incident was ‘stage-managed’ or ‘self-inflicted’,” Bayan secretary-general Renato Reyes Jr. said in a statement. “We believe that this is the most important aspect of the decision. This particular finding is a victory for Melissa because it shows that she was telling the truth about her ordeal.”

Reyes said the decision “is clear proof that torture does exist in the Philippines under the watch of Gloria Macapagal Arroyo.”

Command Responsibility

The Court of Appeals, however, ruled that the military and President Arroyo cannot be named respondents in Roxas’s petition.

“We must state that in the course of the proceedings of this petition, petitioner failed to prove the existence of the elements of command responsibility that would otherwise hold respondents liable for her abduction and torture under the said doctrine,” the justice said.

In her petitions, Roxas named “President Gloria Macapagal-Arroyo et al” as respondents.

“At most, petitioner only ‘believed’ that the military was behind her abduction and torture because the same were carried out in the same ‘patterns’ of abduction and kidnapping done by military forces or persons with authorities on others perceived to be enemies of the state.”

“However, petitioner’s mere belief, sans any proof to substantiate the same, does not suffice to warrant respondents’ implication in this case. The President, most especially, is clothed with state immunity, which shields her during her incumbency from any and all unfounded suits that may interfere in the discharge of her official functions as President of the Republic.”

The court said Roxas’s claim that soldiers were responsible for what happened to her was “unfounded.” (Bulatlat.com)

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2 Responses to “Court Affirms Melissa Roxas’s Abduction, Torture Claim But Clears Arroyo, Military”

placido bugayong Says:
August 28th, 2009 at 9:01 pm
if we cud press on d court decision copy furnish its superiors for negligence
Torture survivor appeals to UN, urges Aquino to bring perpetrators to justice - Bulatlat Says:
August 29th, 2011 at 3:39 pm
[...] (CHR). The Court of Appeals, tasked by the high court to conduct hearings on Roxas’s petition, granted the writ of amparo but said it did not find sufficient evidence to identify the perpetrators. The [...]