Case Digest (G.R. No. 182498) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In General Avelino I. Razon Jr. et al. v. Mary Jean B. Tagitis (G.R. No. 182498, decided December 3, 2009), Engineer Morced N. Tagitis, a World Bank consultant and Islamic Development Bank (IDB) scholarship counselor, arrived in Jolo, Sulu on October 30, 2007 and checked in at ASY Pension House with his student, Arsimin Kunnong. When Kunnong returned with a boat ticket the same afternoon, Tagitis had vanished, his room locked and personal effects undisturbed. Kunnong and Prof. Muhammad Matli reported the disappearance to the Jolo police on November 4, 2007 and executed affidavits. On December 28, 2007 Mary Jean Tagitis filed a petition for the Writ of Amparo before the Court of Appeals against key Philippine National Police (PNP) and CIDG officials, alleging that Tagitis was forcibly taken by “burly men believed to be police intelligence operatives” and illegally detained to link him with terrorist groups. The CA promptly issued the writ, held hearings, and received verified ret Case Digest (G.R. No. 182498) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background of Disappearance
- Engineer Morced N. Tagitis, a World Bank consultant and IDB Scholarship Programme counselor, arrived in Jolo, Sulu on October 30, 2007 and checked in at ASY Pension House.
- He sent his companion, Arsimin Kunnong, to buy a boat ticket for the next day; on return, Kunnong found Tagitis missing although his belongings remained in his locked room.
- Kunnong reported the disappearance to Jolo Police; he and Prof. Muhammad Abdulnazeir Matli executed affidavits and assisted the victim’s wife, Mary Jean B. Tagitis, in seeking information.
- Writ of Amparo Proceedings
- On December 28, 2007, Tagitis’s wife filed an Amparo petition in the CA against key PNP and CIDG officials alleging enforced disappearance by police intelligence operatives.
- The CA issued the Writ of Amparo the same day, directed respondents to file verified returns and set hearings in January–February 2008.
- Respondents (PNP Chief Razon; CIDG Chief Doromal; PACER Chief Espina; PRO-ARMM Dir. Goltiao) filed returns denying involvement and detailing search directives with negative results.
- The CA formed “Task Force Tagitis” under Regional Director Goltiao and Supt. Ajirim, held three monitoring hearings, and received testimony from the petitioner, her witnesses (Mrs. Talbin, Prof. Matli), and respondents (Col. Kasim, Col. Pante).
Issues:
- Whether the Amparo petition was sufficient in form and substance under Section 5 of the Amparo Rule.
- Whether Tagitis’s disappearance qualified as an “enforced disappearance” violating his rights to life, liberty, and security.
- Whether substantial evidence supported the CA’s findings of State involvement and the respondents’ failure to exercise extraordinary diligence.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)