G.R. No. 265195 - Tayo vs. Puerto

On September 27, 2022, at around 11:30 a.m., Henry V. Tayo, Jr. (also known as "Magelan Tayo") was arrested and detained at Bacolod City Police Station 8 (BCPS 8).
The arrest was based on separate theft complaints filed by Genoveva B. Bona and Melleza Basco Besana.
After both complainants chose not to pursue their cases, Tayo, Jr. was allegedly released to Besana and five barangay tanods of Barangay Singcang-Airport at around 11:30 p.m. the same day.

Following his supposed release, the Tayo family was unable to contact or find him.
The family approached BCPS 8 to inquire, where Police Major Joery T. Puerto (station commander), Police Staff Sergeant Roberto P. Guarana, Jr. (duty jailer), and Patrolman Garry Buganotan (desk officer/records custodian) claimed Tayo, Jr. had been released.
Respondents showed the family a video clip recorded by Buganotan purportedly showing Tayo, Jr. signing the release logbook.
The family requested CCTV footage of Tayo, Jr. leaving the station, which the police promised to provide once available.

The family sought assistance from the Commission on Human Rights (CHR) Regional Office and the Public Attorney's Office (PAO), who requested the footage from BCPS 8.
With no response from police, the family sought help from the National Police Commission (NAPOLCOM) and Department of Interior and Local Government (DILG).
Police visited the family's home, assuring an IT personnel was assigned to retrieve the footage.
The family repeatedly received no progress or clear information about Tayo, Jr.'s whereabouts.

The Tayo family filed a Petition for a Writ of Amparo with Prayer for the Issuance of a Production Order before the Regional Trial Court (RTC) alleging enforced disappearance.
The RTC issued an order granting the writ and requiring police officers to file a verified return.
The respondents denied responsibility and claimed no refusal to provide information; they stated CCTV footage could not be retrieved due to storage limitations.
Police alleged Tayo, Jr. had left the station, was last seen boarding a tricycle headed north, as per witness Arthur Deocadez.
Witness Besana admitted signing the release logbook but stated she did not see Tayo, Jr. leave the police station.
Another witness, Joenick B. Francisco, also affirmed they did not see Tayo, Jr. leave.
Patrolman Buganotan explained he ended video recording early due to radio traffic duties.
An IT personnel confirmed CCTV footage was defective and only provided live view.

The RTC dismissed the petition due to lack of substantial evidence showing government participation in the disappearance and absence of refusal to provide information.
The Tayo family filed a Petition for Review on Certiorari before the Supreme Court, citing suspicious police behavior, failure to produce footage, and lack of diligence by respondents.

Whether petitioners proved with substantial evidence the elements of enforced disappearance under the Amparo Rule and RA 9851.
Whether the respondents (police officers) exercised extraordinary diligence in investigating and assisting in locating Henry V. Tayo, Jr.
Whether the dismissal by the RTC of the Writ of Amparo petition was appropriate.