MANILA, Philippines – The Supreme Court (SC) has ruled that failing to conduct a thorough and proper investigation into enforced disappearances violates a person’s right to life, liberty, and security, saying that investigations must be serious and effective, not merely procedural.

In a decision penned by Associate Justice Japar B. Dimaampao, the SC En Banc granted the privilege of a writ of amparo to the family of Henry V. Tayo, Jr., who went missing after being detained at Bacolod City Police Station 8 for theft.

The police claimed that Tayo was released on the same day to five barangay tanods and Melleza Besana, one of the complainants against him. However, his family never saw him again.

Despite presenting a video of Tayo signing the release logbook, the police failed to produce any footage showing him leaving the station, despite multiple requests from his family, the Commission on Human Rights (CHR), and the Public Attorney’s Office (PAO).

The Tayo family petitioned for a writ of amparo, prompting the Regional Trial Court (RTC) to issue the writ and direct the police to submit a verified return within 72 hours. 

In response, the police argued that the family failed to prove their involvement in Tayo’s disappearance. 

They claimed that video footage of Tayo leaving the station was irretrievable due to the recording system’s five-day data retention limit.

During a summary hearing, the Tayo family contested the authenticity and clarity of a video presented to them by the police, allegedly showing Tayo boarding a tricycle. Two witnesses also testified that they did not see him leave the police station.

The RTC initially denied the privilege of the writ of amparo, ruling that there was no evidence of police complicity in Tayo’s disappearance. 

However, the SC overturned this decision, ruling that all elements of enforced disappearance were present, including the state’s failure to acknowledge or provide information on Tayo’s fate.

The SC stressed that authorities must exercise extraordinary diligence in investigating cases of enforced disappearances. It condemned the police’s failure to act urgently on the family’s repeated requests for information and assistance.

“A disappearance has a doubly paralyzing impact: on the victim, who is removed from the protection of the law, frequently subjected to torture and in constant fear for their lives; and on their families, ignorant of the fate of their loved ones, their emotions alternating between hope and despair,” the SC said.

The SC held the police accountable for Tayo’s enforced disappearance and ordered them to produce all relevant documents and materials related to the case. 

It also directed the National Police Commission (NAPOLCOM), the Philippine National Police (PNP), and the Department of the Interior and Local Government (DILG) to conduct a full investigation and recommend the filing of criminal and administrative charges if warranted.

The case was remanded to the RTC for implementation of the SC’s directives.