SC asked to reverse CA decision

By REY G. PANALIGAN
September 13, 2009, 4:44pm

Filipino-American activist Melissa Roxas has asked the Supreme Court (SC) to reverse a Court of Appeals (CA) decision that denied her plea to inspect the detention cells of the military at Fort Magsaysay in Nueva Ecija.

In a petition, Roxas also asked the SC to compel the military to produce the documents on her person in its possession and to return her personal belongings such as a camera with a memory card, an iPod, a laptop, and journal taken by her captors.

Roxas claimed that she and her two companions – identified as Juanito Carabeo and John Edward Jandoc – were abducted by military men on May 19, 2009 in Tarlac and were brought to what she believed as Fort Masaysay in Nueva Ecija where they were allegedly tortured.

She was able to flee from her captors, went to the United States where she denounced her alleged abduction and torture by the military, and came back to the Philippines to pursue her charges.

Her petition for a Writ of Amparo was granted partially by the CA which directed the military to provide protection for her and her family and to stop making public her alleged ties with the Communist Party of the Philippines-New People’s Army (CPP-NPA).

But the CA denied her plea for inspection of Fort Magsaysay saying the move was a fishing expedition on the part of Roxas.

In her SC petition filed through lawyer Rex Fernandez, Roxas said the CA erred in not finding the respondents -- President Arroyo, Defense Secretary Gilbert Teodoro, Armed Forces Chief of Staff Victor Ibrado, Philippine National Police Director Jesus Versoza, Army chief Lt. Gen. Delfin Bangit and Tarlac provincial police director Supt. Rudy Gamido Lacadin -- liable under the principle of command responsibility.