Fe J. Morada vs. Randy Rias, Ex-O Rolly Cebu, Desk Officer Romy Donaldo,
G.R. No. 222226, February 14, 2022
Facts:
1. Morada alleged Johnson was arrested and detained by the barangay tanods of Barangay l76, Caloocan City for alleged theft of a mobile phone in the house of another barangay tanod, herein respondent Randy Rias.
2. Morada went to the barangay hall. At the barangay hall, respondent Rolly Cebu informed Morada that Johnson was already released from the custody of the barangay as evidenced by the entry in the barangay blotter, signed by Johnson himself.
3. Morada went to the Northern Police District to report that her son is missing. An investigation was conducted but the same was terminated in view of the lack of a witness to shed light on Johnson's disappearance and the insistence of the respondent barangay desk officers that Johnson was already released from their custody.
4. In the meantime, rumors circulated that Johnson had been extrajudicially killed. This prompted Morada to institute a petition for the issuance of a writ of amparo.
Issue:
Whether or not there is a ground for the issuance of Writ of Amparo
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Ruling:
None. The elements constituting enforced disappearance as defined under Republic Act No. 9851 are as follows: (a) that there be an arrest, detention, abduction or any form of deprivation of liberty; (b) that it be carried out by, or with the authorization, support or acquiescence of, the State or a political organization; (c) that it be followed by the State or political organization's refusal to acknowledge 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.
There is no question that the first and second elements are attendant in this case. However, the third and fourth elements are sorely lacking. While it is admitted that Johnson was arrested for the alleged theft that he committed in the house of Randy, it was sufficiently established by the respondents that he was already released from their custody, as evidenced by the barangay blotter, signed by Johnson himself. In fact, Morada neither denied nor refuted the said document of release. As opposed to the unsubstantiated allegations of Morada that it is respondents who are responsible for Johnson's disappearance, the cord accord greater weight to the documentary evidence presented by the respondents exhibiting that Johnson was no longer in the custody of the respondents when he disappeared. Such evidence strongly militate against Morada's claim of enforced disappearance.
Accordingly, there was no intention to remove Johnson from the protection of the law for a prolonged period of time as he had been released already. Hence, there is no enforced or involuntary disappearance that would warrant the issuance of the writ of amparo.
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