Case Summary (G.R. No. 182498)
Petitioners
• Gen. Avelino I. Razon, Jr., Chief, Philippine National Police (PNP)
• Police Chief Supt. Raul Castaneda, Chief, Criminal Investigation and Detection Group (CIDG)
• Police Senior Supt. Leonardo A. Espina, Chief, Police Anti-Crime and Emergency Response (PACER)
• Gen. Joel R. Goltiao, Regional Director, ARMM-PNP
• Col. Ahiron Ajirim, Head, Task Force Tagitis
• Col. Jose Volpane Pante, Chief, CIDG-9, Zamboanga City
Respondent
Mary Jean B. Tagitis, through her Attorney-in-Fact, Atty. Felipe P. Arcilla, Jr.
Key Dates
• October 30–31, 2007: Tagitis last seen in Jolo, Sulu.
• November 4–7, 2007: Disappearance reported to Jolo Police; affidavits executed.
• December 28, 2007: Court of Appeals (CA) issues Writ of Amparo.
• January–February 2008: CA hearings; return affidavits filed by PNP/CIDG/PACER/ARMM-PNP.
• March 7, 2008: CA grants Writ of Amparo, finds “enforced disappearance,” directs extraordinary police diligence; dismisses military respondents.
• December 3, 2009: Supreme Court issues decision affirming aspects of the CA ruling and crafting supplemental directives.
Applicable Law
• 1987 Philippine Constitution (rights to life, liberty, security; rule-making power of SC)
• Rule on the Writ of Amparo (A.M. No. 07-9-12-SC)
• Universal Declaration of Human Rights; ICCPR (ratified by Philippines)
• UN Declaration on Enforced Disappearances; customary international law
• Relevant provisions of Republic Act No. 6975 (establishing PNP and CIDG mandates)
Factual Antecedents
Tagitis and an IDB scholar arrived in Jolo on October 30, 2007, checked in at ASY Pension House, then vanished. His student, Arsimin Kunnong, and Prof. Matli reported the disappearance to Jolo police. Despite inquiries—by Kunnong, IDB coordinators, the ARMM Governor’s office, and Mrs. Tagitis—no factual leads emerged until Mrs. Tagitis’ meetings with military and police officials in Zamboanga and Davao City.
Proceedings Below
The CA, on December 28, 2007, issued the Writ of Amparo and required petitioners’ verified returns. PNP Chief Razon, CIDG Chief Doromal, PACER Chief Espina, and ARMM-PNP Regional Director Goltiao filed affidavits reporting directives to investigate but citing no custody or records of Tagitis. CA then formed Task Force Tagitis (led by Ajirim), conducted three hearings, and examined testimony from Mrs. Tagitis, her witness (Mrs. Talbin), Prof. Matli, Col. Kasim, and Col. Pante.
Nature and Purpose of the Writ of Amparo
The writ is a fast, summary judicial remedy to address violations or threats to constitutional rights to life, liberty, and security. It does not adjudicate criminal guilt but compels authorities to exercise extraordinary diligence in investigation, disclosure, and protection, with periodic judicial monitoring.
Sufficiency of the Petition
The SC held that Mrs. Tagitis’ Amparo petition met the form-and-substance requirements: it alleged ultimate facts showing disappearance, State or State-actor involvement, and violation of constitutional rights, and it recited prior reports to police authorities and exhaustion of administrative remedies. The lack of supporting affidavits was cured by live testimony in CA hearings.
International and Domestic Legal Framework
• UN Declaration on Enforced Disappearances and the UN Convention define enforced disappearance as State-orchestrated deprivation of liberty followed by concealment.
• Customary international law (incorporated by the Constitution) condemns enforced disappearance as a non-derogable violation.
• ICCPR obligations (Article 2) require prompt, thorough, and effective investigation and remedies for rights violations.
• Philippine Constitution mandates full respect for human rights and authorizes Court-promulgated rules for constitutional protection.
Evidentiary Standards and Enforcement Difficulties
• Amparo proceedings require only “substantial evidence” rather than proof beyond reasonable doubt.
• Recognized investigative impediments in disappearance cases: (1) concealment of direct perpetrators, (2) suppression of the core evidence (the victim or body), and (3) official denials.
• The SC adopted a flexible approach: all relevant evidence—including reliable hearsay—is admissible if it is consistent and probative in totality.
Assessment of the Evidence
Mrs. Tagitis and Mrs. Talbin credibly testified that Col. Julasirim Ahadin Kasim told them, based on a “raw” informant’s report, that Tagitis was “in good hands” and under custodial investigation for alleged links to terrorism (e.g., associations with known extremists, transport of medicines). The petitioners’ consistent denials, the CIDG’s failure to locate any detention record, the lack of a serious or methodical police investigation (e.g., no timely dissemination of photographs, no follow-up on leads, destruction of the informant’s letter), and the overall
Case Syllabus (G.R. No. 182498)
Facts of the Case
- Engr. Morced N. Tagitis, World Bank consultant and Senior Honorary Counselor for the Islamic Development Bank (IDB) Scholarship Programme, was last seen in Jolo, Sulu on October 30, 2007.
- He and IDB scholar Arsimin Kunnong checked in at ASY Pension House; Tagitis left his room key, went out for lunch around 12:30 pm, and never returned.
- Kunnong and Prof. Muhammad Abdulnazeir N. Matli reported the disappearance to Jolo Police Station on November 4, 2007.
- Initial police feedback suggested possible abduction by Abu Sayyaf or other anti-government groups.
- Respondent Mary Jean B. Tagitis, his wife, pursued inquiries with local police, ARMM officials, military contacts in Zamboanga and Davao, and with IDB coordinators in Manila.
Nature and Scope of the Writ of Amparo
- A protective remedy under A.M. No. 07-9-12-SC, effective October 24, 2007, to address violations or threats to the rights to life, liberty, and security.
- Covers extrajudicial killings and enforced disappearances; aims to determine responsibility or accountability, not criminal guilt.
- Provides summary proceedings, allows admission of relevant evidence beyond strict technical rules.
- Imposes on public officials a burden to prove they exercised “extraordinary diligence” in performance of duty.
Factual Antecedents
- Tagitis had flown from Zamboanga City to Jolo for a seminar and overnight stay.
- He tasked Kunnong to secure a return ticket for October 31, 2007 but was missing when Kunnong returned.
- Visitor logs and personal effects remained undisturbed in his pension house room.
- Respondent’s subsequent attempts to trace her husband involved landbank colleagues, military liaisons, and police stations in multiple locations.
Procedural History
- December 28, 2007: Respondent filed Petition for Writ of Amparo before the Court of Appeals (CA-G.R. Amparo No. 00009).
- CA issued the Writ of Amparo same day; set hearings on January 7, 17, 28 and February 11, 2008.
- Respondents (PNP and military officials) filed verified returns denying knowledge or involvement; submitted affidavits of Gen. Razon, Gen. Doromal, Sr. Supt. Espina, Gen. Goltiao.
- CA Decision dated March 7, 2008 granted the writ, found an enforced disappearance, directed “extraordinary diligence,” dismissed military respondents.
- CA denied motion for reconsideration on April 9, 2008.
- Petitioners sought review under Rule 45; case argued before the Supreme Court en banc.
Petitioners’ Contentions
- The Amparo petition allegedly failed to comply with Section 5(c), (d) and (e) of the Amparo Rule in form and substance.
- Respondent did not allege specific acts or omissions by petitioners violating Tagitis’s rights.
- She failed to detail investigation steps, specify sources of information, implead all responsible individuals, or attach supporting affidavits.
- No substantial evidence was presented to establish an enforced disappearance or CIDG involvement.
- The writ was prematurely invoked without exhausting administrative remedies.
Respondent’s Contentions
- Tagitis was “forcibly taken” by burly men believed to be police intelligence operatives and held against his will.
- She received credible, confidential information from military officers (Col. Pedro Ancanan and Col. Julasirim Ahadin Kasim) indicating custodial investigation for alleged terrorist links.
- Exhausted police stations in ARMM, Jolo, Zamboanga, Davao City, Camp