Case Digest (G.R. No. L-31676)
Facts:
On the night of March 31, 2008 at around 8:30 p.m., a vehicle owned by the private Asian Land Strategies Corporation arrived at the home of Lolita M. Lapore at 7A Lot 9, Block 54, Grand Royale Subdivision, Barangay Lugam, Malolos City. Present in the house were Lolita’s son Enrique “Bong” Lapore and Benhur V. Pardico, husband of Virginia Pardico. Two uniformed guards, Ruben Dio and Andrew Buising, disembarked and summoned Bong and Ben to the subdivision’s security office. They were met there by Edgardo Navia, security supervisor, and interrogated over an alleged theft of electric lamps and wires, purportedly reported by a resident named Mrs. Emphasis. According to the petitioners, Bong and Ben admitted relocating a lamp but were released that same night unhurt after Lolita, Bong, and Ben signed entries in the security logbook confirming no mistreatment. Virginia Pardico, unable to locate her husband thereafter, filed a Petition for Writ of Amparo before the Regional Trial CourtCase Digest (G.R. No. L-31676)
Facts:
- Disappearance of Benhur Pardico
- On March 31, 2008 at around 8:30 p.m., two security guards of Asian Land Strategies Corporation (petitioners Navia, Dio, Buising) arrived at the home of Lolita Lapore in Grand Royale Subdivision, Malolos City, and “invited” her sons Enrique (Bong) Lapore and Benhur Pardico (Ben) to the security office over an alleged theft of an electric lamp.
- At the security office, petitioners claim Bong and Ben admitted taking the lamp and were released after signing logbook entries; respondent alleges they were forcibly arrested, Ben was slapped and beaten by Navia, threatened with death, and last seen in custody, while Lolita was coerced into signing false release entries.
- Amparo Proceedings and Trial Court Ruling
- Virginia Pardico (for and in behalf of Ben) filed a Petition for Writ of Amparo before the Regional Trial Court (RTC) of Malolos City; the RTC issued an Order (June 26, 2008) directing personal appearance of petitioners, production of Ben, summary hearing, and a Temporary Protection Order.
- On July 24, 2008, the RTC granted the writ of amparo, directed the National Bureau of Investigation (NBI) to investigate petitioners, and referred the legality of Ben’s arrest to the Provincial Prosecutor of Bulacan; a Motion for Reconsideration was denied on August 29, 2008.
Issues:
- Whether the trial court gravely erred in ruling that respondent is entitled to the writ of amparo.
- Whether respondent established petitioners committed acts violating Benhur Pardico’s right to life, liberty or security.
- Whether respondent sufficiently established the fact of disappearance and petitioners’ role therein.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)