The same or give information on the fate or

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the same or give information on the fate or whereabouts of the person subject of the amparo petition; and d) That the intention for such refusal is to remove subject person from the protection of the law for a prolonged period of time. DIGEST: For the protective writ of amparo to issue in enforced disappearance cases, allegation and proof that the persons subject thereof are missing are not enough. It must also be shown by the required quantum of proof that their disappearance was carried out by, “or with the authorization, support or acquiescence of, [the government] or a political organization, followed by a refusal to acknowledge [the same or] give information on the fate or whereabouts of [said missing] persons.” This petition for review on certiorari filed in relation to Section 19 of A.M. No. 07-9- 12-SC challenges the July 24, 2008 Decision of the RTC Branch 20, Malolos City which granted the Petition for Writ of Amparo filed by herein respondent against the petitioners. Hence, this petition raising he following issues for our reconsideration: 4.1. WHETHER . . . THE HONORABLE TRIAL COURT GRAVELY ERRED IN RULING THAT RESPONDENT IS ENTITLED TO THE PRIVILEGE OF THE WRIT OF AMPARO. 4.1.1. WHETHER . . . RESPONDENT WAS ABLE TO ESTABLISH THAT PETITIONERS HAVE COMMITED OR ARE COMMITTING ACTS IN VIOLATION OF HER HUSBAND’S RIGHT TO LIFE, LIBERTY, OR SECURITY. 4.1.2. WHETHER . . . RESPONDENT SUFFICIENTLY ESTABLISHED THE FACT OF THE DISAPPEARANCE OF BENHUR PARCIDO. 4.1.3. WHETHER . . . RESPONDENT WAS ABLE TO ESTABLISH THAT THE ALLEGED DISAPPEARANCE OF BENHUR PARCIDO WAS AT THE INSTANCE OF HEREIN PETITIONERS. Petitioners essentially assail the sufficiency of the amparo petition. They contend that the writ of amparo is available only in cases where the factual and legal bases
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POLITICAL LAW CASE DIGESTS 19 of the violation or threatened violation of the aggrieved party’s right to life, liberty and security are clear. Petitioners assert that in the case at bench, Virginia miserably failed to state with some degree of specificity the alleged unlawful act or omission of the petitioners constituting a violation or a threat to Ben’s right to life, liberty and security. And second, it cannot be deduced from the evidence Virginia adduced that Ben is missing; or that petitioners had a hand in his alleged disappearance. On the other hand, the entries in the logbook which bear the signatures of Ben and Lolita are eloquent proof that petitioners released Ben on March 31, 2008 at around 10:30 p.m. Petitioners thus posit that the trial court erred in issuing the writ and in holding them responsible for Ben’s disappearance. Virginia’s P etition for Writ of Amparo is fatally defective and must perforce be dismissed, but not for the reasons adverted to by the petitioners.
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  • Winter '15
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