EN BANC
[G.R. No. 263886. November 29, 2022.]
AZASE GALANG, FOR AND [ON] BEHALF OF MA. ELENA 'CHA' PAMPOZA AND FOR AND [ON] BEHALF OF ELGENE 'LELENG' MUNGCAL, petitioners, vs.LT. GEN. BARTOLOME VICENTE BACARRO, MAJ. GEN. ROMULO MANUEL, LT. COL. JESZER BAUTISTA, LTC. JOSEPH C. REVILLA, LT. GEN. ERNESTO TORRES, JR., RET. POLICE LT. GEN. RICARDO F. DE LEON, BRIG. GEN. ANDREW D. COSTELO, BRIG. GEN. KRISHNAMURTI A. MORTELA, GEN. RODOLFO AZURIN, PBGEN. CESAR R. PASIWEN, AND SUSAN LAZAGA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution datedNOVEMBER 29, 2022, which reads as follows:
"G.R. No. 263886 (Azase Galang, for and [on] behalf of Ma. Elena 'Cha' Pampoza and for and [on] behalf of Elgene 'Leleng' Mungcal, petitioners, v. Lt. Gen. Bartolome Vicente Bacarro, Maj. Gen. Romulo Manuel, Lt. Col. Jeszer Bautista, Ltc. Joseph C. Revilla, Lt. Gen. Ernesto Torres, Jr., Ret. Police Lt. Gen. Ricardo F. De Leon, Brig. Gen. Andrew D. Costelo, Brig. Gen. Krishnamurti A. Mortela, Gen. Rodolfo Azurin, PBGen. Cesar R. Pasiwen, and Susan Lazaga, respondents).
Acting on the Petition for Writ of Amparo (the Petition) filed on November 4, 2022, this Court resolves to:
(1) ISSUE the WRIT OF AMPARO (Writ), returnable to the Supreme Court of the Philippines;
(2) ORDER respondents Lt. Gen. Bartolome Vicente Bacarro, in his capacity as Chief of Staff of the Armed Forces of the Philippines; Maj. Gen. Romulo Manuel, in his capacity as the Deputy Chief-of-Staff for Intelligence (J-2) of the Armed Forces of the Philippines; Lt. Col. Jeszer Bautista, in his capacity as the Commander of the 3rd Mechanized Infantry Battalion; Lt. Col. Joseph C. Revilla, PAF (GSC), in his capacity as the Commander of the 790th Air Base Group; Lt. Gen. Ernesto Torres, Jr., in his capacity as the Commander of the Northern Luzon Command (NOLCOM); Ret. Police Lt. Gen. Ricardo F. De Leon, in his capacity as the Director of the National Intelligence Coordinating Agency (NICA); Brig. Gen. Andrew D. Costelo, in his capacity as the Commanding General of the 7th Infantry Division of the Philippine Army with area of responsibility over Central Luzon; Brig. Gen. Krishnamurti A. Mortela, in his capacity as the Commander of the 702nd Infantry Brigade of the Philippine Army whose area of responsibility includes the Provinces of Pampanga and Bataan; Gen. Rodolfo Azurin, in his capacity as the Director General/Chief of the Philippine National Police; PBGen. Cesar R. Pasiwen, in his capacity as the Acting Regional Director of Police Regional Office 3 (PRO3) with an area of responsibility over Central Luzon; and private respondent Susan Lazaga to make a verified RETURN of the Writ of Amparo before the Supreme Court of the Philippines within twenty (20) days after its service, together with this Resolution, and to COMMENT on the Petition within the same period. The RETURN, together with supporting affidavits, shall, among other things, contain the following: cHaCAS
(a) The lawful defenses to show that respondents did not violate or threaten with violation the right to life, liberty and security of petitioners, through any act or omission;
(b) The steps or actions taken by respondents to determine the fate or whereabouts of Ma. Elena 'Cha' Cortez Pampoza, and Elgene 'Leleng' Mungcal, and the person or persons responsible for the threat, act, or omission;
(c) All relevant information in the possession of respondents pertaining to the threat, act, or omission against petitioners;
(d) The actions that have been or will still be taken: (i) to recover and preserve evidence related to the disappearance of Ma. Elena 'Cha' Cortez Pampoza, and Elgene 'Leleng' Mungcal, which may aid in the prosecution of the person or persons responsible; (ii) to identify witnesses and obtain statements from them concerning the disappearances; (iii) to determine the cause, manner, location, and time of disappearance, as well as any pattern or practice that may have brought about the disappearances; (iv) to identify and apprehend the person or persons involved in their disappearance; and (v) to bring the suspected offenders before a competent court; and
(3) GRANT the TEMPORARY PROTECTION ORDER prohibiting respondents from going within a radius of one (1) kilometer of petitioners and their immediate families.
Let a copy of the Writ and this Resolution, together with a copy of the Petition and its annexes, be served upon respondents by personal service.
Lastly, this Court resolves to REQUIRE the petitioners to COMPLY, within five (5) days from notice hereof, with the following procedural requirements:
(i) requirement to submit a soft copy of the petition and its annexes, in portable document format (PDF); and
(ii) requirement to submit a verified declaration that the petition and its annexes submitted electronically are complete and true copies of the printed document and its annexes filed with the Court,
both as required in the Guidelines on Submission and Processing of Soft Copies of Supreme Court-bound Papers Pursuant to the Efficient Use of Paper Rule. Dimaampao, J., on official leave. Marquez, J., on official business." (adv108)
By authority of the Court:
(SGD.) MARIFE M. LOMIBAO-CUEVASClerk of Court