Vous êtes sur la page 1sur 2

Rodriguez vs Arroyo

This case involved two consolidated petitions assailing the April 12, 2010 Decision of the
Court of Appeals granting the writ of amparo and writ of habeas data by petitioner Noriel
Rodriguez, who is a member of Alyansa Dagiti Mannalon Iti Cagayan (Kagimungan), a
peasant organization affiliated with Kilusang Magbubukid ng Pilipinas (KMP).

Rodriguez claims that the military tagged KMP as an enemy of the State
under the Oplan Bantay Laya, making its members targets of extrajudicial killings
and enforced disappearances. Petitioner was then abducted, tortured and forced to confess
to being a member of the New People's Army (NPA).

Rodriguez filed before this Court a Petition for the Writ of Amparo and Petition for the
Writ of Habeas Data with Prayers for Protection Orders, Inspection of Place, and
Production of Documents and Personal Properties. The petition was filed against former
President Arroyo, Gen. Ibrado, PDG. Versoza, Lt. Gen. Bangit, Major General
Nestor Z. Ochoa, P/CSupt. Tolentino, P/SSupt. Santos, Col. De Vera, and five others. The
writs were granted but the CA dropped President Arroyo as party-respondent, as she may
not be sued in any case during her tenure of office or actual incumbency as part of her
presidential immunity. Also, the prayer for the issuance of a temporary protection order
and inspection order was denied by the CA.

The respondents filed a Motion for Reconsideration on the decision of the CA but before
such motion could be resolved petitioner filed a Motion for Partial Reconsideration
raising that the CA erred in not granting the interim relief for temporary protection order
and in dropping President Arroyo as party-respondent.

1. Whether or not the interim reliefs prayed for by petitioner may be granted even after
the writs of amparo and habeas data have been granted.

2. Whether or not President Arroyo should be dropped as respondent because of her

presidential immunity.

3. Whether the doctrine of command responsibility can be used in amparo and habeas
data cases

4. Whether the rights to life, liberty and property of Rodriguez were violated or
threatened by respondents

1. The interim reliefs prayed for by the petitioner is only available before final judgment.
Section 14 of the Rule on the Writ of Amparo clearly provides that interim reliefs may
only be availed of upon filing of the petition or at anytime before final judgment. Given
that there has already been a final judgment in the given case, petitioner may no longer
avail of the interim relief of temporary protection order.

2. No, President Arroyo should not be dropped. There is no determination of

administrative, civil or criminal liability in amparo and habeas data proceedings as courts
can only go as far as ascertaining responsibility or accountability for the enforced
disappearance or extrajudicial killing.

As it was held in the case of Estrada v Desierto, a non-sitting President does not enjoy
immunity from suit, even for acts committed during the latters tenure; that courts should
look with disfavor upon the presidential privilege of immunity, especially when it
impedes the search for truth or impairs the vindication of a right. Also, the Supreme
Court (SC) reiterated that the presidential immunity from suit exists only in concurrence
with the presidents incumbency. Given these, former Pres. GMA cannot use presidential
immunity to shield herself from judicial scrutiny that would assess whether, within the

3. Yes, As we explained in Rubrico v. Arroyo, command responsibility pertains to the

responsibility of commanders for crimes committed by subordinate members of the
conflict. Although originally used for ascertaining criminal complicity, the command
responsibility doctrine has also found application in civil cases for human rights abuses.
Precisely in the given case, the doctrine of command responsibility may be used to
determine whether respondents are accountable for and have the duty to address the
abduction of Rodriguez in order to enable the courts to devise remedial measures to
protect his rights. Nothing precludes this Court from applying the doctrine of command
responsibility in amparo proceedings to ascertain responsibility and accountability in
extrajudicial killings and enforced disappearances.

4. Yes, the rights to life, liberty and property of Rodriguez were violated or threatened by
respondents. The SC held that there was no reason to depart from the factual findings of
the Court of Appeals, the same being supported by substantial evidence following the
doctrine of totality of evidence in amparo cases which is to consider all the pieces of
evidence adduced in their totality, and to consider any evidence otherwise inadmissible
under our usual rules to be admissible if it is consistent with the admissible evidence
adduced. The sworn affidavit of the petitioner and the medical examinations conducted
on him are sufficient evidence proving that the military personnel involved in the case
indeed abducted Rodriguez on September 6, 2009 and then detained and tortured him.


You have questions about the Automall. We understand. Here are some of the most common ones.

How big is the I-4 Automall?

The total acreage of assembled property is approximately 57 acres, however, the area used for auto dealerships is only a portion of that 57 acres located next to I-4.  The west side of the 57 acres will be used for a gas station and for several retail locations including at least one sit-down restaurant.

Why Orange Camp Road instead of exits at SR44 or SR 472?

SR 472 has land available, but cannot be used due to restrictions on how close dealers can be located to other dealers of the same manufacturer. The farthest south the dealerships could be located would be Cassadaga Road. SR44 is not feasible due to two quadrants being controlled by government ownership and the other two quadrants having access and exposure issues.

Why didn’t community meetings take place before the application was submitted?

The request for zoning change that was gained attention through an article in the Beacon, and subsequently through social media was not an application for an auto mall. The request was limited to 9 acres of a 20 acre parcel on the west side of the 57 acres. If the PLDRC had recommended approval and the County Council voted to approve, it would have changed the zoning from B-6 to B-4 for that 9 acres only. The contract to purchase the 20 acres required the buyer (I-4 Automall) to diligently pursue approval for its intended use of selling cars. The rest of the 57 acres was not yet under contract at the time the application had to be submitted. The property came under contract several days before the article in the Beacon, making the hearing unnecessary, but before it was withdrawn or a continuance could be requested, the article ran in the Beacon and understandably caused confusion.

What types of restaurants or gas stations will be located on the property?

There are no contracts in place at this time, however, discussions are already taking place. We anticipate at least one “sit-down” restaurant, a gas station with large convenience store, and two other businesses, which may be restaurants or could be specialty retail. All architecture will be required to compliment the Victoria Park architectural scheme.

What happens if the application to allow the I-4 Automall is denied?

I-4 Automall, LLC has closed on the majority of the properties at the site while waiting for the necessary permissions to proceed. If the application is denied, I-4 Automall, LLC will either develop the 20 acres that are already zoned for commercial use (B-6), or sell the property to someone who will.

What types of businesses can be located in the current B-6 zoning today without any changes to zoning?

There are a number of uses that already exist as a matter of right. That means that PLDRC or County Council approval is not required. The owner only needs to submit an acceptable building permit in order to build and operate its proposed business. B-6 uses include, but are not limited to:

- Automobile rental agencies
- Automotive service stations, types A, B and C
- Bars as accessory uses to hotels and restaurants
- Barber and beauty shops
- Car washes
- Communication towers not exceeding 70 feet in height above ground level.
- Convenience stores with more than eight vehicular service positions per fuel dispenser island. Convenience stores, with or without fuel dispensers.
- Cultural art centers
- Hotels/motels
- Laundry and dry-cleaning establishments
- Newsstands
- Mobile recreational vehicle shelter sales and service
- Museums
- Nightclubs. (Nightclub: Commercial premises where food, alcoholic beverages or other refreshments may be obtained for consumption on the premises and where floor shows or other forms of entertainment may be provided for the customers.)
- Outdoor entertainment event (Outdoor entertainment event: Any activity designed to attract 500 or more persons per day, for one or more days, for the purpose of listening to, viewing, and/or participating in outdoor entertainment, conducted in open spaces, outside of an enclosed building.)
- Restaurants, types A and B
- Retail specialty shops
- Theaters
- Tire sales

Permitted special exceptions:
- Communication towers exceeding 70 feet in height above ground level.
- Cemeteries
- Curb markets
- Excavations only for stormwater retention ponds for which a permit is required by this article
- Flea markets
- Mobile recreational vehicle and shelter parks
- Outdoor entertainment and recreational uses and structures
- Professional or trade schools related to permitted uses
- Truck stops and storage.

Will the B-6 uses still be allowed if the I-4 Automall PUD application is granted?

PUD’s are used to place specific restrictions and allowances on a property. Usually, there are fewer permitted uses than there would be in a straight zoning classification such as B-6. For instance, “truck stops” and “flea markets” and “nightclubs” could be eliminated, or the number of fast food restaurants with drive through windows could be limited. More detailed architectural requirements can be included in a PUD than would normally exist in regular zoning.

What will the affect be on traffic in the local area?

A traffic study, performed in accordance with industry standards is being performed. If the uses proposed will create a big enough increase in use, the developer may be required to make certain improvements to the surrounding roadways such as traffic lights or additional turn lanes. Auto dealerships do not typically have the same “peak hours” as traditional rush hours. The morning peak tends to be later, and the afternoon peak is more spread out. Weekends, when roadways are generally not as busy, tends to be a busier time for dealerships.

What will happen to the dealerships currently located on Woodland Blvd?

It is impossible to say for sure what will happen, however, as DeLand has grown, the demand for services such as national chain restaurants and specialty grocery stores has grown. The demand for upscale apartments has also grown. Right now, dealerships occupy a large amount of valuable real estate on S. Woodland. It is true that some of them might relocate to the I-4 Automall. If they do, it will create opportunity for new development on S. Woodland.


Tang Contemporary art is proud to announce the opening of a solo exhibition “Respect” in collaboration with VNH gallery and Galleria Continua, for renowned artist of the Arte Povera movement Michelangelo Pistoletto that will be shown at H Queen’s gallery space from May 10, 2018 to June 16, 2018. This exhibition presents a series of installations “Respect (2016)” and “South China Sea - Love Difference (2005)” brought to Hong Kong from Paris and Italy will be first major appearance of this widely known Italian master in Asia.

In October 20th 2016, Pistoletto staged a spectacular performance in Paris, where the artist used a wooden hammer to smash mirrors and invited the audience to participate in exposing the hidden message behind each mirror. The installation is called “Respect” as after being shattered, each mirror exposed the word “respect” in one out of 23 languages. If some people explain the multiplicity of languages as the fruit of divine intervention intended to "confound" disrespectful humankind (cf. the myth of the Tower of Babel), here they unite to promote, in a symphony of vivid colors, a fundamental value that knows no borders.

For Pistoletto, these mirrors are at once a reflection of tangible realities stemming from personal contemplations and vectors to the unexplored and the new that allows both audience and space become one part. First time in Yokohama Triennale in 2008, a performance called Seventeen Less One (2008), then in the theme exhibition at the Venice Biennale in 2009, Pistoletto smashed several large mirrors with a wooden hammer, and during the process of destruction, he maintained a false sense of beauty, forcing people to shatter individualism and narcissism to reach for something else, and toward others. The concept of "respect" is also born of listening and reaching out to others.

In 2003 Pistoletto won Venice Biennale’s Golden Lions for Lifetime Achievement with the “Love Difference Table” series, a signature symbol of respect and love to others.The installation “Respect” originates in France. The artist believes that the French first created the values of humanism in history and proposed the views on freedom, equality, fraternity, and respect for the rights of others. (Declaration on Human Rights and Civil Rights, Article 4, 1789). In the era of globalization, the world entered a phase in which successive tragedies and the ensuing debates have tended to encourage disengagement and sectarianism, or even the rejection of others. Artist uses broken mirrors and the myth of the "Tower of Babel" to invite Hong Kong audiences to reflect on the current world tendencies. "Art is the science that best reflects the human condition. Human beings make mistakes—their energy drives them to make mistakes—but art allows them to rise above their errors, understand them and strive for a better life."


Autism Assistance Dogs Ireland: Providing Highly Trained Assistance Dogs for Children with Autism and their families

This year for Niall Horan's birthday, we raising money for Autism Assistance Dogs Ireland. You can donate here:

John from AADI has passed on some info about the organization that I thought I'd share with everyone! AADI also has a special treat for one lucky fan! Read on!

So what's AADI?

Autism Assistance Dogs Ireland provides dogs that are specially trained to provide safety, independence and companionship to children who would otherwise live in a very isolated world.  Having an assistance dog allows the families to be able to take their child to places that they had stopped going to and allows families to partake in simple everyday activities that the rest of us take for granted, such as a simple trip to a local shop, which can be very stressful for a child with autism.

How do the dogs assist?

The child is attached to the dog via a belt which is then linked to the dogs jacket ensuring the child is always safe and the parent then takes control of the dog by the lead. Autistic children sometimes don't have a strong sense of danger and will run after something. The dogs are trained to sit and prevent the child from running off. In addition, they can assist the child by providing companionship and responsibility for the care of the dog.

What is the training process?

It takes up to 2 years to train each dog. Each puppy is placed with a volunteer Puppy Foster Carer. The Foster Carer brings up the pup for the first 12 months, socializing the puppy so it can become a suitable assistance dog.

The dog then enters another 3 months of training, at which time, it is matched to a suitable child and family who will have already been assessed and accepted for an assistance dog.   All dogs have access to shops and restaurants and wear a red jacket with a logo to identify them as an assistance dog. The family goes through intensive training with the dog to ensure they are confident with the dog before taking the dog home, followed up with aftercare visits to the home.

It costs €15,000 (approx. $17,000) to train each dog. AADI just placed 3 dogs last week - Elmo, Georgie, and Kasper.

Please follow AADI on Facebook! To celebrate Niall's birthday later in the year, AADI will pick one lucky fan who will get to chose a name for their next Puppy in Training and become that Puppy's virtual fosterer. (Terms and conditions apply) . The virtual fosterer will chose a name and then get a forthnightly updates on the dog's progress with pictures and video clips.

Check out the video below to see AADI in action. I'll be sharing more videos as we get closer and closer to Niall's birthday! Be sure to follow 1dfansgive and 1dfansgiveniall on twitter!


Writing Distracted

Flight-to-Flight Movement

Snap Roll

Description:  A defensive maneuver consisting of multiple rolls, typically along an arc, that provides for a more difficult target to hit; it is most often used as the last action in the round or after an overshoot. With a successful skill check, any opponents have a modifier to hit equal to the difference between the skill rank and die roll, plus the defend modifier. If the skill check fails, the rolls must be abandoned leaving the defender vulnerable to attack or they induce a spin that may lead to a loss of control.

Modifier        Value
Attack                    -2
Defend                   +4
Maneuver              --
Counter                 --

Chuck Sperati


About: Nikol Pashinyan

Armenia 22-05-2019

Council of Europe warns Armenia over plan to block court entrances

Armenia 18-04-2019

Why Armenia’s prime minister is a threat to rule of law

Azerbaijan 02-04-2019

EU undisturbed over conflicting Nagorno-Karabakh messages

Conflicting messages about the Nagorno-Karabakh conflict have been aired in recent days: "Territories for peace" and a “new war for new territories”.  But the European Union made it clear it trusted the messages of peace.
Armenia 04-03-2019

Armenia PM: Nagorno-Karabakh talks must include ‘Republic of Artsakh’

Armenia and Azerbaijan’s frosty relations have started to thaw since Nikol Pashinyan led a peaceful revolution in the Caucasus republic last year. In an interview with EURACTIV, he talked about future ties with Baku, as well as with Brussels and Moscow.
Azerbaijan 20-02-2019

France, Russia and US ‘working closely together’ on Nagorno-Karabakh

Positive momentum in the search for a peaceful solution to the Nagorno-Karabakh conflict between Armenia and Azerbaijan has been confirmed in recent days, with fresh meetings and more shuttle diplomacy in the region.
Armenia 21-01-2019

EU, UN welcome thaw in Armenia-Azerbaijan relations over Nagorno-Karabakh

The EU welcomed on Friday (18 January) a recent thaw in relations between Azerbaijan and Armenia over the conflict of Nagorno-Karabakh.
Azerbaijan 14-01-2019

Ice is melting for Nagorno-Karabakh

Several indications signal a thaw in relations between Armenia and Azerbaijan, and hopes for peaceful settlement of the Nagorno-Karabakh conflict, writes Ilgar Gurbanov.
Armenia 18-12-2018

Pashinyan: the Providential Man to solve Armenia’s problems?

A political earthquake hit Europe’s furthest far-flung frontier last week, as Armenians voted in what has been labelled their nation’s first free and transparent elections. But just who is the revolutionary leader that has captured the hearts of Armenia’s inhabitants?
Armenia 10-12-2018

Election landslide in Armenia as revolution comes full-circle

Armenia 07-12-2018

Armenia to hold snap polls to cement reform drive

Armenia on Sunday (9 December) holds early parliamentary polls triggered by reformist leader Nikol Pashinyan who seeks to cement his political authority in the post-Soviet country.
Global Europe 23-10-2018

The ‘Velvet Revolution’ is affecting Armenia’s ties with Russia

Although Moscow is aware that the revolution in Armenia had domestic causes, it is not entirely sure that in terms of geopolitics things will remain the same in the future, write Vasif Huseynov and Ayaz Rzayev.
Europe's East 16-10-2018

Elmar Mammadyarov : Azerbaijan’s EU relation is of strategic nature

Armenia 20-07-2018

Prankster strikes again, catches Juncker out on Putin, Trump

In a recorded telephone call with a prankster impersonating Armenia's new prime minister, Commission President Jean-Claude Juncker described Russian President Vladimir Putin as his friend but said US President Donald Trump couldn’t understand what the world is about.
Politics 25-05-2018

Yerevan calling? UK’s Johnson discusses Russia with hoax caller

Britain’s Foreign Secretary Boris Johnson talked international relations and rude poetry with a hoax caller who pretended to be the Armenian prime minister in a new gaffe by one of Britain’s most prominent politicians.
Armenia 09-05-2018

Armenia’s revolutionary PM: ‘Deepened relations with EU’ on agenda

New Armenian Prime Minister Nikol Pashinyan used his first day in power on Wednesday (9 May) to call for deeper relations with both the European Union and Russia, as well as insisting that the public support that swept him to his new job will help build a majority government.
Armenia 08-05-2018

Armenia’s peaceful revolution yields new leader

Armenia 02-05-2018

Armenia protest leader calls for general strike

The leader of an Armenian protest movement that forced the country's veteran leader to step down announced on Tuesday (1 May) a nationwide campaign of civil disobedience after the ruling party thwarted his bid to take over as prime minister.
Armenia 30-04-2018

Armenia opposition leader calls for popular support ahead of crucial vote

Armenian opposition leader Nikol Pashinyan was formally nominated on Monday (30 April) for the post of prime minister by his supporters, inching closer to victory after two weeks of mass protests that have transformed the country's political landscape.
Armenia 25-04-2018

EU applauds peaceful ousting of Armenia’s Sargsyan

The EU stated that it “takes note” of the resignation of the Prime Minister Serzh Sargsyan following eleven days of protests against his rule and that they “applaud” the peaceful nature of the changes.