Saez vs. Arroyo GR 183533

N THE MATTER OF THE PETITION FOR THE WRIT OF AMPARO AND THE WRIT OF HABEAS DATA IN
FAVOR OF FRANCIS SAEZ, Petitioner, vs. GLORIA MACAPAGAL ARROYO, GEN. HERMOGENES ESPERON,
P/DIR. GEN. AVELINO RAZON, 22ND MICO, CAPT. LAWRENCE BANAAG, SGT. CASTILLO, CAPT.
ROMMEL GUTIERREZ, CAPT. JAKE OBLIGADO, CPL. ROMAN ITO QUINT ANA, PVT. JERICO DUQUIL, CPL.
ARIEL FONTANILLA, A CERTAIN CAPT. ALCA YDO, A CERTAIN FIRST SERGEANT, PVT. ZALDY OSlO, A
CERTAIN PFC. SONNY, A CERTAIN CPL. JAMES, A CERTAIN JOEL, RODERICK CLANZA and JEFFREY
GOMEZ, Respondents.
G.R. No. 183533 September 25, 2012
FACTS:
On March 6, 2008, the petitioner filed with the Court a petition to be granted the privilege of the writs
of amparo and habeas data with prayers for temporary protection order, inspection of place and
production of documents. In the petition, he expressed his fear of being abducted and killed. He likewise
prayed for the military to cease from further conducting surveillance and monitoring of his activities and
for his name to be excluded from the order of battle and other government records connecting him to
the Communist Party of the Philippines (CPP).
During the hearings, the petitioner narrated that starting April 16, 2007, he noticed that he was always
being followed by a certain "Joel," a former colleague at Bayan Muna. "Joel" pretended peddling
pandesal in the vicinity of the petitioner’s store. Three days before the petitioner was apprehended,
"Joel" approached and informed him of his marital status and current job as a baker in Calapan, Mindoro
Oriental. "Joel" inquired if the petitioner was still involved with ANAKPAWIS. When asked by the CA
justices during the hearing if the petitioner had gone home to Calapan after having filed the petition, he
answered in the negative explaining that he was afraid of Pvt.Osio who was always at the pier. The CA
ruled that the petitioner failed to present sufficient evidence to substantiate his petition for habeas data
and writ of amparo. The CA likewise dropped as respondent, for Pres. GMA on the ground of her
immunity from suit. Hence, this petition.
ISSUE:
WON the President should be immediately dropped as respondent on the ground of her immunity from
suit.
HELD.
NO. The President cannot be automatically dropped as a respondent pursuant to the doctrine of
command responsibility.
The president, being the commander-in-chief of all armed forces, necessarily possesses control over the
military that qualifies him as a superior within the purview of the command responsibility doctrine.
On the issue of knowledge, it must be pointed out that although international tribunals apply a strict
standard of knowledge, i.e., actual knowledge, such may nonetheless be established through
circumstantial evidence. In the Philippines, a more liberal view is adopted and superiors may be charged
with constructive knowledge. This view is buttressed by the enactment of Executive Order No. 226,
otherwise known as the Institutionalization of the Doctrine of ‘Command Responsibility’ in all
Government Offices, particularly at all Levels of Command in the
Pursuant to the doctrine of command responsibility, the President, as the Commander-in-Chief of the
AFP, can be held liable for affront against the petitioner’s rights to life, liberty and security as long as
substantial evidence exist to show that he or she had exhibited involvement in or can be imputed with
knowledge of the violations, or had failed to exercise necessary and reasonable diligence in conducting
the necessary investigations required under the rules.
The Court also stresses that rule that the presidential immunity from suit exists only in concurrence with
the president’s incumbency. Conversely, this presidential privilege of immunity cannot be invoked by a
non-sitting president even for acts committed during his or her tenure. Courts look with disfavor upon
the presidential privilege of immunity, especially when it impedes the search for truth or impairs the
vindication of a right.

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N THE MATTER OF THE PETITION FOR THE WRIT OF AMPARO AND THE WRIT OF HABEAS DATA IN

G.R. No. 183533 September 25, 2012

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