NORIEL RODRIGUEZ vs.

GLORIA MACAPAGAL-ARROYO

G.R. No. 191805 November 15, 2011

These provisional reliefs are intended to assist the court before it arrives at a judicious determination of the amparo
petition Being interim reliefs, they can only be granted before a final adjudication of the case is made.

Overview:

Rodriguez was kidnapped and tortured by the soldiers of the 17th Infantry Battalion. Thus Rodriguez filed a petition
for the writ of amparo and for the writ of habeas data. The writ was granted but the CA refused to issue a temporary
protection order.

The SC held that the CA was correct in denying the temporary protection order. The interim relief is only available
before final judgment.

FACTS:

Rodriguez was kidnapped and tortured by the soldiers of the 17th Infantry Battalion and the latter made it seem as
though they did this to Rodriguez because he was a member of the NPA.

Rodriguez filed before the SC a Petition for the Writ of Amparo and Petition for the Writ of Habeas Data with Prayers
for Protection Orders, Inspection of Place, and Production of Documents and Personal Properties. This was granted
by the SC. It directed the Court of Appeals to hear the petition and decide on the case within 10 days after its
submission for decision.

In their Return, respondents therein alleged that Rodriguez had surrendered to the military after he had been put
under surveillance and identified as "Ka Pepito" by former rebels. Further they allege that, upon Rodriguez’s
voluntary surrender, he showed his willingness to return to society and become a military asset.

LOWER COURT’S RULING:

CA- Petitioner’s prayer for issuance of a temporary protection order and inspection order is DENIED.

ISSUE:

WON the interim reliefs prayed for by Rodriguez may be granted after the writs of amparo and habeas data have
already been issued in his favor.

HELD:

NO.

Rodriguez prays for the issuance of a temporary protection order. It must be underscored that this interim relief is
only available before final judgment.

The Supreme Court shall accredit the persons and private institutions that shall extend temporary protection to the
petitioner or the aggrieved party and any member of the immediate family, in accordance with guidelines which it
shall issue.

These provisional reliefs are intended to assist the court before it arrives at a judicious determination of the
amparo petition Being interim reliefs, they can only be granted before a final adjudication of the case is
made. In any case, it must be underscored that the privilege of the writ of amparo, once granted, necessarily entails
the protection of the aggrieved party. Thus, since we grant petitioner the privilege of the writ of amparo, there is no
need to issue a temporary protection order independently of the former. The order restricting respondents from going
near Rodriguez is subsumed under the privilege of the writ.

ALSO, to attribute responsibility or accountability to former President Arroyo, Rodriguez contends that the doctrine of
command responsibility may be applied. Command responsibility pertains to the "responsibility of commanders for
crimes committed by subordinate members of the armed forces or other persons subject to their control in
international wars or domestic conflict."
That proceedings under the Rule on the Writ of Amparo do not determine criminal, civil or administrative
liability should not abate the applicability of the doctrine of command responsibility.

However, aside from Rodriguez’s general averments, there is no piece of evidence that could establish the
President’s responsibility or accountability for his abduction.

FALLO: WHEREFORE, the Decision of the Court of Appeals is hereby AFFIRMED WITH MODIFICATION