Title
Razon, Jr. vs. Tagitis
Case
G.R. No. 182498
Decision Date
Dec 3, 2009
Enforced disappearance of Engineer Morced Tagitis, allegedly by state agents; Writ of Amparo granted, PNP/CIDG held accountable for insufficient investigation.

Case Digest (G.R. No. 182498)
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)

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