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DISPOSITIVE:

The Supreme Court partially granted the petition for review. It issued a decision as follows:
(1) Affirming the dropping of former President Gloria Macapagal-Arroyo from the petition;
(2) Affirming the dismissal of the amparo case as against Gen. Hermogenes Esperon, and P/Dir. Gen. Avelino Razon,
insofar as it tended, under the command responsibility principle, to attach accountability and responsibility to them, as
then AFP Chief of Staff and then PNP Chief, for the alleged enforced disappearance of Lourdes and the ensuing
harassments allegedly committed against petitioners. The dismissal of the petition with respect to the Ombudsman is
also affirmed for failure of the petition to allege ultimate facts as to make out a case against that body for the enforced
disappearance of Lourdes and the threats and harassment that followed; and
(3) Directing the incumbent Chief of Staff, AFP, or his successor, and the incumbent Director-General of the PNP, or
his successor, to ensure that the investigations already commenced by their respective units on the alleged abduction of
Lourdes Rubrico and the alleged harassments and threats she and her daughters were made to endure are pursued with
extraordinary diligence as required by Sec. 17 of the Amparo Rule. The Chief of Staff of the AFP and Director-General of
the PNP are directed to order their subordinate officials, in particular, to do the following:
(a) Determine based on records, past and present, the identities and locations of respondents Maj. Darwin
Sy, a.k.a. Darwin Reyes, Jimmy Santana, Ruben Alfaro, Capt. Angelo Cuaresma, and one Jonathan; and submit
certifications of this determination to the OMBUDSMAN with copy furnished to petitioners, the CA, and this
Court;
(b) Pursue with extraordinary diligence the evidentiary leads relating to Maj. Darwin Sy and the Toyota
Revo vehicle with Plate No. XRR 428; and
(c) Prepare, with the assistance of petitioners and/or witnesses, cartographic sketches of respondents Maj.
Sy/Reyes, Jimmy Santana, Ruben Alfaro, Capt. Angelo Cuaresma, and a certain Jonathan to aid in positively
identifying and locating them.
The investigations shall be completed not later than six (6) months from receipt of the Decision; and within
thirty (30) days after completion of the investigations, the Chief of Staff of the AFP and the Director-General of the PNP
are likewise directed to submit a full report of the results of the investigations to the Court, the CA, the OMB, and
petitioners.
The Supreme Court accordingly referred the case back to the CA for the purpose of monitoring the
investigations and the actions of the AFP and the PNP.

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