Case Digest (G.R. No. 233974)
Facts:
In the case Fe J. Morada vs. Randy Rias et al. (G.R. No. 222226, February 14, 2022), petitioner Fe J. Morada sought the issuance of a writ of amparo for the alleged enforced disappearance of her son, Johnson J. Morada. The incident occurred on October 14, 2015, in Barangay 176, Caloocan City. On this date, Johnson was reportedly arrested and detained by barangay tanods, including respondent Randy Rias, for allegedly stealing a mobile phone from Rias' residence. Morada received a text from her daughter around 8:00 a.m. informing her of Johnson's arrest. Later, at approximately 7:00 p.m. the same day, Morada went to the barangay hall where Respondent Rolly Cebu informed her that Johnson had already been released from barangay custody, either by respondent Fernando Domingo or Romy Donaldo, as reflected in an entry in the barangay blotter bearing Johnson's own signature. Despite this, Johnson was subsequently reported missing in December 2015 when Morada went to the Nor
...Case Digest (G.R. No. 233974)
Facts:
- Parties and case background
- Petitioner Fe J. Morada (Morada) filed a petition for review on certiorari against respondents Randy Rias, Rolly Cebu, Romy Donaldo, Fernando Domingo, and other John Does of Barangay 176, Caloocan City.
- The petition arose from the alleged enforced disappearance of Morada’s son, Johnson J. Morada (Johnson).
- Summary of events leading to the case
- On October 14, 2015, at around 8:00 a.m., Morada was informed via text that Johnson was arrested and detained by barangay tanods for alleged theft of a mobile phone from Randy Rias’ residence.
- Morada personally went to the Barangay 176 hall at about 7:00 p.m. the same day. Respondent Rolly Cebu informed her that Johnson had already been released by either Fernando Domingo or Romy Donaldo, supported by an entry in the barangay blotter signed by Johnson himself.
- In December 2015, Morada reported Johnson’s disappearance to the Northern Police District (NPD). The investigation was terminated due to lack of witnesses and the respondents’ insistence that Johnson had been released from barangay custody.
- Rumors spread in the community that Johnson was extrajudicially killed and his body concealed in cement, prompting Morada to file a petition for the writ of amparo to ascertain Johnson’s whereabouts and whether his rights were violated or threatened.
- Procedural history
- On January 25, 2016, Morada filed the Petition for Issuance of Writ of Amparo before the Regional Trial Court (RTC) of Caloocan City, Branch 123, docketed as SP. PROC CASE NO. C-5159.
- The RTC, on January 26, 2016, denied the petition for lack of sufficient showing that respondents refused to acknowledge or provide information on Johnson’s whereabouts, thus concluding the absence of enforced disappearance elements.
- Morada appealed the RTC’s denial by filing a petition for review on certiorari before the Supreme Court.
Issues:
- Whether the RTC committed grave error in denying the petition for writ of amparo despite the submission of substantial evidence indicating the enforced disappearance of Johnson J. Morada.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)