Navia v. Pardico, GR 184467, 19 June 2012.

DEL CASTILLO, J.

FACTS: A vehicle of Asian Land arrived at the house of Lolita, and two uniformed
guards disembarked from the said vehicle. One of them immediately asked Lolita where
they could find her son Bong. Before Lolita could answer, the guard saw Bong and told
him that he and Ben should go with them to the security office of Asian Land because
a complaint was lodged against them for theft of electric wires and lamps in the
subdivision. Shortly thereafter, Bong, Lolita and Ben were in the office of the security
department of Asian Land also located in Grand Royale Subdivision. The supervisor of
the security guards, Navia, also arrived thereat.

In the said office, they were slapped and harassed. Navia allowed Lolita and Bong to
leave, however they must leave Ben behind. The following morning, Virginia went to
the Asian Land security office to visit her husband Ben, but was told that Ben was
already released. She then looked for Ben, asked around, and went to the barangay.
Since she could not still find her husband, Virginia reported the matter to the police.
Exasperated with the mysterious disappearance of her husband, Virginia filed a Petition
for Writ of Amparo before the RTC of Malolos City.

ISSUES: Is Ben’s disappearance as alleged in Virginias petition and proved during the
summary proceedings conducted before the court a quo, falls within the ambit of A.M.
No. 07-9-12-SC and relevant laws?

RULING: No. For the protective writ of amparo to issue in enforced disappearance
cases, allegation and proof that the persons subject thereof are missing are not enough.
It must also be shown by the required quantum of proof that their disappearance was
carried out by, or with the authorization, support or acquiescence of, [the government]
or a political organization, followed by a refusal to acknowledge [the same or] give
information on the fate or whereabouts of [said missing] persons.

In the given case, indispensable element of State participation is not present. The
petition does not contain any allegation of State complicity, and none of the evidence
presented tend to show that the government or any of its agents orchestrated Bens
disappearance. In fact, none of its agents, officials, or employees were impleaded or
implicated in Virginias amparo petition whether as responsible or accountable persons.
Thus, in the absence of an allegation or proof that the government or its agents had a
hand in Bens disappearance or that they failed to exercise extraordinary diligence in
investigating his case, the Court will definitely not hold the government or its agents
either as responsible or accountable persons.