Command responsibility in amparo suits - G.R. No. 186050

G.R. No. 186050

"x x x.

Command Responsibility

The ponencia rejects the use of command responsibility in amparo proceedings on the ground that the manner of impleading commanders must be on the basis of their responsibility or accountability. It must be pointed out that the doctrine of command responsibility is not mutually exclusive with the standard of responsibility and accountability in amparo cases.
Boac v. Cadapan[8] gives guidance as to how the ostensible difference between command responsibility, on the one hand, and responsibility and accountability, on the other, can be reconciled as follows:

[C]ommand responsibility may be loosely applied in amparo cases in order to identify those accountable individuals that have the power to effectively implement whatever processes an amparo court would issue. In such application, the amparo court does not impute criminal responsibility but merely pinpoint the superiors it considers to be in the best position to protect the rights of the aggrieved party.

Such identification of the responsible and accountable superiors may well be a preliminary determination of criminal liability which, of course, is still subject to further investigation by the appropriate government agency. (Emphasis supplied.)

Further, in Noriel Rodriguez v. Arroyo,[9] this Court unanimously ruled in this manner:

Although originally used for ascertaining criminal complicity, the command responsibility doctrine has also found application in civil cases for human rights abuses. In the United States, for example, command responsibility was used in Ford v. Garcia and Romagoza v. Garcia – civil actions filed under the Alien Tort Claims Act and the Torture Victim Protection Act. This development in the use of command responsibility in civil proceedings shows that the application of this doctrine has been liberally extended even to cases not criminal in nature. Thus, it is our view that command responsibility may likewise find application in proceedings seeking the privilege of the writ of amparo. As we held in Rubrico:

It may plausibly be contended that command responsibility, as legal basis to hold military/police commanders liable for extra-legal killings, enforced disappearances, or threats, may be made applicable to this

jurisdiction on the theory that the command responsibility doctrine now constitutes a principle of international law or customary international law in accordance with the incorporation clause of the Constitution.

… … …

If command responsibility were to be invoked and applied to these proceedings, it should, at most, be only to determine the author who, at the first instance, is accountable for, and has the duty to address, the disappearance and harassments complained of, so as to enable the Court to devise remedial measures that may be appropriate under the premises to protect rights covered by the writ of amparo. As intimated earlier, however, the determination should not be pursued to fix criminal liability on respondents preparatory to criminal prosecution, or as a prelude to administrative disciplinary proceedings under existing administrative issuances, if there be any. (Emphasis supplied.)

Precisely in the case at bar, the doctrine of command responsibility may be used to determine whether respondents are accountable for and have the duty to address the abduction of Rodriguez in order to enable the courts to devise remedial measures to protect his rights. Clearly, nothing precludes this Court from applying the doctrine of command responsibility in amparo proceedings to ascertain responsibility and accountability in extrajudicial killings and enforced disappearances.

… … …

As earlier pointed out, amparo proceedings determine (a) responsibility, or the extent the actors have been established by substantial evidence to have participated in whatever way, by action or omission, in an enforced disappearance, and (b) accountability, or the measure of remedies that should be addressed to those (i) who exhibited involvement in the enforced disappearance without bringing the level of their complicity to the level of responsibility defined above; or (ii) who are imputed with knowledge relating to the enforced disappearance and who carry the burden of disclosure; or (iii) those who carry, but have failed to discharge, the burden of extraordinary diligence in the investigation of the enforced disappearance. Thus, although there is no determination of criminal, civil or administrative liabilities, the doctrine of command responsibility may nevertheless be applied to ascertain responsibility and accountability within these foregoing definitions.

Thus, the doctrine of command responsibility may be used in amparo proceedings to the extent of identifying the superiors accountable for the enforced disappearance or extrajudicial killing, and those who may be directed to implement the processes and reliefs in the amparo case.


x x x."
law and justice foundation,law and justice symbol,law justice and morality,law or justice 1988,relationship between law and justice,difference between law and justice,law and justice careers,law and justice essay law and justice foundation,law and justice symbol,law justice and morality,law or justice 1988,relationship between law and justice,difference between law and justice,law and justice careers,law and justice essay