G.R. NO. 183871
Rubrico vs. Arroyo
February 18, 2010
FACTS:
Rubrico, in her petition, said she was abducted on April 3, 2007 by armed men belonging to the 301st Air Intelligence and Security Squadron, based at the Philippine Air Force Field Station at Fernando Air Base in Lipa City, Batangas. During her detention, the petitioner added, her daughters Mary Joy Rubrico Carbonel and Jean Rubrico Apruebo were harassed by Senior Insp. Arsenio Gomez and that there were also armed men following them. The petitioners prayed that a writ of amparo be issued, ordering the individual respondents to desist from performing any threatening act against the security of the petitioners and for the Office of the Ombudsman (OMB) to immediately file an information for kidnapping qualified with the aggravating circumstance of gender of the offended party. It also prayed for damages and for respondents to produce documents submitted to any of them on the case of Lourdes.
The respondents then filed a joint return on the writ specifically denying the material inculpatory averments against them. Respondents interposed the defense that the President may not be sued during her incumbency.
Petitioners pleaded back to be allowed to present evidence ex parte against the President, et al.
By a separate resolution, the CA dropped the President as respondent in the case .
ISSUE:
WHETHER OR NOT the [CA] committed reversible error in dismissing [their] Petition and dropping President Gloria Macapagal Arroyo as party respondent.
