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By Jomar Canlas Reporter
For the second time, the Court of
Appeals has cleared President Gloria Arroyo in a writ of amparo
case.
In the resolution penned by
Associate Justice Jose Catral Mendoza, the Special Former 11th
Division of the appellate court exonerated President Arroyo because
of her “immunity from suit” powers, and stated that she should
not be held liable because of her “command responsibility” as
Commander in Chief of the Armed Forces of the Philippines.
The President was co-charged in a
writ of amparo case involving two University of the Philippines
students, Sherlyn Cadapan and Karen Empeno, and Manuel Merino, who
were allegedly abducted by the military from the house of Raquel
Halili, at Barangay San Miguel, Hagonoy, Bulacan on June 26, 2006.
“This presidential privilege of
immunity from suit provides that incumbent presidents are immune
from suit or from being brought to court during the period of their
incumbency and tenure,” the resolution stated.
It opined that the rationale
behind this privilege is to assure that the exercise of presidential
duties and functions will be free from any hindrances.
This is the second time President
Arroyo was cleared in a writ of amparo case. The first involves a
case filed by the Ugnayan ng Maralita Para sa Gawa at Adhikain
Federation Chairman Lourdes Rubrico.
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