Professional Documents
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DETERMINE RESPONSIBILITY
Responsibility refers to the extent the actors have been established
by substantial evidence to have participated in whatever way, by action
or omission, in an enforced disappearance, as a measure of the remedies
this Court shall craft, among them, the directive to file the appropriate
criminal and civil cases against the responsible parties in the proper
courts.
DETERMINE ACCOUNTABILITY
Accountability, on the other hand, refers to the measure of remedies
that should be addressed to those who exhibited involvement in the
enforced disappearance without bringing the level of their complicity to
the level of responsibility defined above; or who are imputed with
knowledge relating to the enforced disappearance and who carry the
burden of disclosure; or those who carry, but have failed to discharge,
the burden of extraordinary diligence in the investigation of the
enforced disappearance.
WHO MAY FILE
1. By the aggrieved party;
2. or by any qualified person or entity in the following order:
a. immediate family, namely: the spouse, children and parents of the
aggrieved party;
b. ascendant, descendant or collateral relative of the aggrieved party
within the 4th civil degree of consanguinity or affinity, in default of those
mentioned in the preceding paragraph; or
c. any concerned citizen, organization, association or institution, if there
is no known member of the immediate family or relative of the aggrieved
party.
WHERE TO FILE
1. RTC of the place where the threat, act or omission was committed
or any of its elements occurred;
2. Sandiganbayan;
3. Court of Appeals;
4. Supreme Court, or any justice of SB, CA, SC
property issues rooted to questions of physical possession of the property disputed by the private
parties.
issues relating to the right to life or to liberty- hardly discernable- past violence
Right to security- implied from the presence of armed men bare to the waist and the alleged pointing
and firing of weapons.
Threat to the rights to life, liberty and security of the petitioners is NOT imminent or
continuing.
-WA- not substitute for appeal
Or TPO Appealable
preliminary Inspection to SC R45
conference Order within 5
Production working days
Order from notice
Witness
Protection