Noriel Rodriguez claimed he was abducted and tortured by Arroyo's military. (Photo courtesy of bulatlat.com)
MANILA -- The Supreme Court has cleared former President Gloria Macapagal-Arroyo of any liability in the disappearance and torture of a member of a farmers’ organization and the youth group Anakbayan in 2009.
In a 43-page decision authored by Associate Justice Maria Lourdes Sereno, the SC said there is not enough evidence to implicate Arroyo into the case.
“[Noriel] Rodriguez failed to prove through substantial evidence that former President Arroyo was responsible or accountable for the violation of his rights to life, liberty and property,” the SC said.
Aside from Arroyo, who is now a Pampanga representative, the SC also cleared Police Chief Superintendent Ameto G. Tolentino, Senior Superintendent Jude W. Santos, George Palacpac, Antonio Cruz, Aldwin Pasicolan and Vicent Callagan.
However, the SC ordered the Office of the Ombudsman and the Department of Justice (DOJ) to take the appropriate action with respect to any possible liability or liabilities of General Victor Ibrado, former PNO chief Jesus Verzosa, Lt. Gen. Delfin Bangit, Maj. Gen. Nestor Ochoa, Brig. Gen. Remegio De Vera, 1st Lt. Ryan Matutina and Lt. Col. Laurence Mina.
The Ombudsman and the DOJ were instructed “to submit to this court the results of their action within a period of six months from receipt of this decision.”
“In the event that herein respondents no longer occupy their respective posts, the directives mandated in this decision and in the Court of Appeals are enforceable against the incumbent officials holding the relevant positions,” the SC said. “Failure to comply with the foregoing shall constitute contempt of court,” it added.
The case stemmed from the petition for writ of amparo and habeas data filed by Rodriguez, a member of the Alyansa Dagit Mannalon Iti Cagayan (Kagimungan), a peasant organization affiliated with the Kilusang Magbubukid ng Pilipinas (KMP). He was also a member of the youth activist group Anakbayan.
Rodriguez said he was taken by four men on September 6, 2009 while he was at Barangay Tapel, Cagayan. He said the men forced him to admit that he was a member of the New People’s Army. He was taken inside a military camp which he later learned to be the headquarters of the 17th Infantry Battalion of the Philippine Army.
Rodriguez said he was beaten by members of the military forcing him to confess to be a member of the NPA and identify “his contacts.” The military later accused Rodriguez of staging his abduction.
He was also forced to sign a document stating that he confessed to be a member of the NPA and that he was only released because he became a military asset. The military who tortured him, he said, had also written something on a piece of paper and asked him to sign it, otherwise he would be beaten and electrocuted again.
He was released by the military on September 17, 2009. From there, members of the Commission on Human Rights (CHR) assisted him and he underwent medical examination which revealed that he had been subjected to torture.
Still, Rodriguez said he noticed that some suspicious looking men were still following him, prompting him to file the Petitions for Writs of Amparo and Habeas Data before the Court of Appeals.
The CA, in its ruling granted the petition and ordered the military remove from the records all documents related to Rodriguez and required the police and military to ensure before the court that the right of Rodriguez will no longer be violated.
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