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Saez V GMA
Saez V GMA
Saez V GMA
183533, September 25, 2012 To hold someone liable under the doctrine of
command responsibility, the following elements must
IN THE MATTER OF THE PETITION FOR THE obtain:
WRIT OF AMPARO AND THE WRIT OF HABEAS
DATA IN FAVOR OF FRANCIS a. the existence of a superior-subordinate
SAEZ, Petitioner, vs. GMA, et. al. relationship between the accused as superior and
the perpetrator of the crime as his subordinate;
FACTS: On March 6, 2008, the petitioner filed with
the Court a petition to be granted the privilege of the b. the superior knew or had reason to know that the
writs of amparo and habeas data with prayers for crime was about to be or had been committed; and
temporary protection order, inspection of place and
production of documents. In the petition, he c. the superior failed to take the necessary and
expressed his fear of being abducted and killed. He reasonable measures to prevent the criminal acts or
likewise prayed for the military to cease from further punish the perpetrators thereof.
conducting surveillance and monitoring of his
activities and for his name to be excluded from the
The president, being the commander-in-chief of all
order of battle and other government records
armed forces, necessarily possesses control over
connecting him to the Communist Party of the the military that qualifies him as a superior within the
Philippines (CPP). purview of the command responsibility doctrine.