This case has been cited 1 times or more.
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2015-06-23 |
PEREZ, J. |
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| (a) that there be an arrest, detention, abduction or any form of deprivation of liberty; (b) that it be carried out by, or with the authorization, support or acquiescence of, the State or a political organization; (c) that it be followed by the State or political organization’s refusal to acknowledge or give information on the fate or whereabouts of the person subject of the amparo petition; and (d) that the intention for such refusal is to remove the subject person from the protection of the law for a prolonged period of time.[44] As clarified in Navia, with the enactment of R.A. No. 9851, the Amparo Rule is now a procedural law anchored, not only on the constitutional rights to life, liberty and security, but on a concrete statutory definition as well of what an ‘enforced or involuntary disappearance’ is. Therefore, A.M. No. 07-9-12-SC’s reference to enforced disappearances should be construed to mean the enforced or involuntary disappearance of persons contemplated in Section 3(g) of R.A. No. 9851. Meaning, in probing enforced disappearance cases, courts should read A.M. No. 07-9-12-SC in relation to R.A. No. 9851.[45] | |||||