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2 April 2019 en Banc Reso - GR Nos. 234359 and 234484 - Tokhang Cases
2 April 2019 en Banc Reso - GR Nos. 234359 and 234484 - Tokhang Cases
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~upreme QJ:ourt
;inguio «:itp
EN BANC
NOTICE
Sirs/Mesdames:
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RESOLUTION·
In the Resolution dated 14 August 2018, this Court resolved to: (l)
grant the Letter dated 25 July 2018 of Atty. Jose Manuel I. Diokno,
Chairperson, Free Legal Assistance Group, and counsel for petitioners in
G.R. No. 234359, requesting copies of Annexes 1 to 57 attached to the (i)
Compliance dated 26 April 2018 and (ii) Compliance dated 25 June 2018
filed by the Office of the Solicitor General (OSG); and (2) require the OSG
to furnish Atty. Diokno with the aforesaid Annexes 1 to 57 and to submit
proof of such compliance within five days from notice.
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b. list of deaths under investigation from l July .2016 to 30 November
2017;
c. list of Chinese and Fil-Chinese drug iords who have been neutralized;
Notice ot Kesolut1on -2- G.R. Nos. 234359 & 234484
April 2, 2019
Pursuant to its own classification, the OSG decided to send only the
documents under Category 2, attached as Annexes 2 to 30-m and 34, to
petitioners in Almora, et al., and in Da:fio, et al. The OSG claimed that
petitioners are not entitled to the production of Category I documents,
because these documents are irrelevant to the issues involved in the instant
petition for a writ of Amparo or to the petition for prohibition. The OSG
further claimed that the Category 1 documents contain very sensitive
information with law enforcement and national security implications. Also,
these documents do not directly relate to the constitutional issue in the
present petition for prohibition, and are not pertinent to the alleged violation
of the rights of the victims in Almora, which is the subject of the present
petition for a writ of Amparo.
8. The OSG did not furnish the Dafio petitioners with both Category 1 and
2 documents since, as recognized by the counsel for the Daiio petitioners,
the Court merely noted the request-letter dated June 28, 2018.
9. To obviate any further controversy on this matter, the OSG will furnish
the Daiio petitioners with all Category 2 documents given to the Almora
petitioners, which documents will be attached to the instant Comment.
When the OSG submitted its Compliance dated 26 April 2018 and
Compliance dated 25 June 2018, it did not make any reservation that certain
documents covered by its Compliance would be withheld from petitioners.
Annex "1" Letter dated April 12, 2018 from PDG Ronald M. Dela
Rosa requesting the Office of the Solicitor General
(OSG) to take appropriate action for the SC to alJow
them more time to comply with the directives.
Annexes "2" - Case folder relating to the death of Ryan Dave Tuazon O
"2-i" Almora. /
Annexes "7" - Case folder relating to the death of Ryan Eder y Supnet.
"7-nn"
Apnexes "8" - Case folder relating to the death of Willie Ternora.
"8-nn"
Annexes "19" Case folder relating to the death of Paul Jhon Michael
- "19-x" Enrera y Natividad.
- "22-u"
Annexes ''23'' Case folder relating to the death of Elmer Lagunsad y
- "23-p" Cayubit.
Annexes "24"' Case folder relating to the death of Paul John Martinez.
- "24•hh"
Annexes "25" Case folder relating to the death of Alvin John Mendoza.
- "25-q"
Annexes "26" Case folder relating to the death of Gelber Begelme y
- "26-k" Badeo.
Annexes "27" Case folder relating to the death of SP03 Dennis Padpad
- "27-k" y Navarette.
PRAYER
xx xx
Copy furnished:
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r'luuce or Kesomuon -~ - U.K. Nos. 2:;4:;)9 & 234484
April 2, 2019
xx xx
1. On April 26, 2018, the OSG filed Compliance with Motion for
Extension of Time to Submit Additional Documents for sixty days from
April 26, 2018, or until June 25, 2018.
April 2, 2019
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PRAYER
xx xx
Copy furnished:
xx xx
The OSG, in its 4 September 2018 motion, did not state any basis,
either factual or legal, as to how the documents under their alleged Category
1 contain very sensitive information with law enforcement and national
security implications, and as to how the said documents do not relate to the
constitutional issue in the present petition for prohibition. The OSG merely
made a hasty conclusion that "[r ]equiring the respondents to produce the
alleged documents would amount to a premature and virtual grant of the
relief prayed for by the petitioners. By requiring the production of said
documents, this Honorable Court, has, in effect, issued the writ of amparo. "9 !
8
R<lsolution, p.. 50,. 3 April 2018.
9
Compliance (with Motion for Partial Reconsideration), p. 5, filed by the OSG.
1 'jVU\.,C VJ. 1'.C:SU1UL1U11 - 1 L. - \J.1"-. 1"40S • ..Gj4j.)~ &. ..lj44~4
April 2, 2019
The OSG; in its 12 March 2019 comment, recognized this Court's role
in determining the relevancy of required documents. It reiterated our 3 April
2018 resolution when it stated that "the Supreme Court is the sole
determinant of relevancy of the required documents and that it has plenary
constitutional powers to require such documents from respondents." 10 In the
same vein, the OSG cannot unilaterally arrogate to itself the power to
determine which documents it should furnish petitioners.
~ 0. ARIC~fTA
Clerk of Court ~f
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1 Comment (on Petitioners' Motion to Be Fumished a Copy of Respondents' Documentary
Submissions), p. 7.
11
Resolution, p. 45.
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