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BURGOS VS.

MACAPAGAL ARROYO
FACTS (2010 case):
Jonas Joseph T. Burgos — a farmer advocate and a member of Kilusang Magbubukid sa Bulacan,
was forcibly taken and abducted by a group of four (4) men and a woman from the extension
portion of Hapag Kainan Restaurant, located at the ground floor of Ever Gotesco Mall,
Commonwealth Avenue, Quezon City. The guard backed off as one of the group told him that he
was a police. The guard then noted the plate number and reported the incident to his superiors
as well as to the police on duty in the said mall.
On April 30, 2007, the petitioner held a press conference and announced that her son Jonas was
missing. Thus, petitioner Edita T. Burgos on behalf of her son Jonas Joseph T. Burgos, filed for
the Issuance of the Writ of Habeas Corpus, for Contempt and for the Issuance of a Writ of
Amparo.

(Long story short, the investigations by the Armed Forces of the Philippines failed to exert effort
to unearth the truth and to bring the real culprits before the bar of justice. The PNP-CIDG, the CA
branded its investigation as "rather shallow" and "conducted haphazardly." 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.") (which the writ of amparo requires, undertaking all measures, in the investigation
of the Burgos abduction, that may be necessary to live up to the extraordinary measures we
require in addressing an enforced disappearance)

Considering the findings of the CA and the review of the records of the present case, the SC
conclude that the PNP and the AFP have so far failed to conduct an exhaustive and meaningful
investigation into the disappearance of Jonas Burgos, and to exercise the extraordinary diligence
(in the performance of their duties) that the Rule on the Writ of Amparo requires. Because of
these investigative shortcomings, the court cannot rule on the case until a more meaningful
investigation, using extraordinary diligence, is undertaken.
From the records, they noted that there are very significant lapses in the handling of the
investigation. Thus the court resolve to refer the present case to the CHR as the Court's directly
commissioned agency tasked with the continuation of the investigation of the Burgos abduction
and the gathering of evidence, with the obligation to report its factual findings and
recommendations to this Court. The court also take into consideration in this regard that the CHR
is 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.
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 suit is a settled doctrine.

(2011 Case)
Investigation Report on the Enforced Disappearance of Jonas Burgos (CHR Report)

The court held that CA shall continue with the hearing of the Amparo petition in light of the
evidence previously submitted, the proceedings it already conducted and the subsequent
developments in this case, particularly the CHR Report. Thereafter, the CA shall rule on the merits
of the Amparo petition. This directive to implead Lt. Baliaga is without prejudice to similar
directives we may issue with respect to others whose identities and participation may be disclosed
in future investigations.
The court also held guilty of contempt the General Roa of the Judge Advocate General Office,
AFP, and the Deputy Chief of Staff for Personnel, JI, AFP for their failure to explain and provide
the CHR the copies of documents relevant to the case of Jonas.

BOAC VS CADAPAN (2011)


At 2:00 a.m. of June 26, 2006, armed men abducted Sherlyn Cadapan (Sherlyn), Karen Empeño
(Karen) and Manuel Merino (Merino) from a house in San Miguel, Hagonoy, Bulacan. The three
were herded onto a jeep bearing license plate RTF 597 that sped towards an undisclosed location.
cHaDIA
Having thereafter heard nothing from Sherlyn, Karen and Merino, their respective families scoured
nearby police precincts and military camps in the hope of finding them but the same yielded
nothing.
On July 17, 2006, spouses Asher and Erlinda Cadapan and Concepcion Empeño filed a petition
for habeas corpus 1 before the Court, docketed as G.R. No. 173228, impleading then Generals
Romeo Tolentino and Jovito Palparan (Gen. Palparan), Lt. Col. Rogelio Boac (Lt. Col. Boac),
Arnel Enriquez and Lt. Francis Mirabelle Samson (Lt. Mirabelle) as respondents.

DE LIMA VS GATDULA (2013)


On 27 February 2012, respondent Magtanggol B. Gatdula filed a Petition for the Issuance of a
Writ of Amparo in the Regional Trial Court of Manila. 2 This case was docketed as In the Matter
of the Petition for Issuance of Writ of Amparo of Atty. Magtanggol B. Gatdula, SP No. 12-127405.
It was raffled to the sala of Judge Silvino T. Pampilo, Jr. on the same day.
The Amparo was directed against petitioners Justice Secretary Leila M. de Lima, Director
Nonnatus R. Rojas and Deputy Director Reynaldo O. Esmeralda of the National Bureau of
Investigation (DE LIMA, ET AL. for brevity). Gatdula wanted De Lima, et al. "to cease and desist
from framing up Petitioner [Gatdula] for the fake ambush incident by filing bogus charges of
Frustrated Murder against Petitioner [Gatdula] in relation to the alleged ambush incident."

CANLAS VS NAPICO HOMEOWNERS ( 2008)


It appears that petitioners are settlers in a certain parcel of land situated in Barangay Manggahan,
Pasig City. Their dwellings/houses have either been demolished as of the time of filing of the
petition, or is about to be demolished pursuant to a court judgment. THIcCA
While they attempted to focus on issuance of what they claimed to be fraudulent and spurious
land titles, claimin

CARAM VS SEGUI (2014)

NAVIA VS PARDICO (2012)

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