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    National Union of People's Lawyers Vs Duterte Case Digest

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    Anna Tan
    The National Union of People's Lawyers filed a petition for writs of amparo and habeas data against President Rodrigo Duterte and other officials after experiencing threats, harassment, and intimidation due to their advocacy and work. The Supreme Court ruled that while the command responsibility doctrine was originally used for criminal cases, it can also apply in cases involving human rights abuses. As the Commander-in-Chief of the Armed Forces, the President possesses control over the military as a superior and can therefore be included in the petitions under this doctrine.

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    National Union of People's Lawyers Vs Duterte Case Digest

    Uploaded by

    Anna Tan
    392 views2 pages
    The National Union of People's Lawyers filed a petition for writs of amparo and habeas data against President Rodrigo Duterte and other officials after experiencing threats, harassment, and intimidation due to their advocacy and work. The Supreme Court ruled that while the command responsibility doctrine was originally used for criminal cases, it can also apply in cases involving human rights abuses. As the Commander-in-Chief of the Armed Forces, the President possesses control over the military as a superior and can therefore be included in the petitions under this doctrine.

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    National Union of People’s Lawyers vs Duterte Case Digest

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    The National Union of People's Lawyers filed a petition for writs of amparo and habeas data against President Rodrigo Duterte and other officials after experiencing threats, harassment, and intimidation due to their advocacy and work. The Supreme Court ruled that while the command responsibility doctrine was originally used for criminal cases, it can also apply in cases involving human rights abuses. As the Commander-in-Chief of the Armed Forces, the President possesses control over the military as a superior and can therefore be included in the petitions under this doctrine.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    392 views2 pages

    National Union of People's Lawyers Vs Duterte Case Digest

    Uploaded by

    Anna Tan
    The National Union of People's Lawyers filed a petition for writs of amparo and habeas data against President Rodrigo Duterte and other officials after experiencing threats, harassment, and intimidation due to their advocacy and work. The Supreme Court ruled that while the command responsibility doctrine was originally used for criminal cases, it can also apply in cases involving human rights abuses. As the Commander-in-Chief of the Armed Forces, the President possesses control over the military as a superior and can therefore be included in the petitions under this doctrine.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    NUPL, et al. vs. PRESIDENT DUTERTE, et al.

    G.R. No. 246175; May 3, 2019

    Facts: The National Union of People’s Lawyers (NUPL) is a nationwide voluntary

    association of human rights lawyers. In 2014, NUPL vice president Atty. Salucon

    allegedly experienced heavy surveillance and harassment, and that her paralegal,

    Bugatti, was killed after a court hearing. In 2018, Atty. Ramos was killed in Negros

    Occidental. Several other instances of threats, harassment and intimidation due to

    NUPL’s work and advocacy were also cited. The NUPL petitioned for the issuance

    of the writ of amparo and writ of habeas data after army generals linked lawyers to

    communist rebels, and included them in a matrix that tagged media groups in a

    supposed ouster plot against the president.

    Along with National Security Adviser (Ret.) Gen. Hermogenes Esperon, et.al,

    President Rodrigo Duterte was impleaded in his capacity as Commander-in-Chief of

    the Armed Forces of the Philippines.

    Issue: Whether the president of the Philippines can be made as a respondent in

    amparo and habeas data proceedings under the doctrine of command responsibility
    Ruling: Yes. Although originally used for ascertaining criminal responsibility, the

    command responsibility doctrine has also found application in cases of human rights

    abuses. To hold someone liable under the doctrine of command responsibility, the

    following elements must obtain:

    (a) There exists a superior-subordinate relationship between the accused as

    superior and the perpetrator of the crime as his subordinate;

    (b) The superior knew or had reason to know that the crime was about to be or

    had been committed; and

    (c) The superior failed to take necessary and reasonable measures to prevent

    the criminal acts or punish the perpetrators thereof.

    Here, the president, being the commander-in-chief of all armed forces, necessarily

    possesses control over the military that qualifies him as superior within the purview

    of the command responsibility doctrine. Hence, he can be impleaded in the petitions

    for the writs of amparo and habeas data.

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