Writ of Amparo; Enforced Disappearance; Republic Act No. 9851; Rule 45

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Writ of Amparo; Enforced Disappearance; Republic Act No. 9851; Rule 45. [ G.R. No. 222226, February 14, 2022 ] ✍️👨‍⚖️HERNANDO, J.

• "For the issuance of the writ, it is [not sufficient] that a person's life is endangered. It is even not sufficient to allege and prove that a person has disappeared. [It has to be shown] by the required quantum of proof that the disappearance was carried out by, or with the authorization, support or acquiescence of the government or a political organization, and that there is a refusal to acknowledge the same or to give information on the fate or whereabouts of the missing persons." (Emphasis supplied).


• Section 19 of the Rule on the Writ of Amparo (A.M. No. 07-9-12-SC) is explicit that both questions of fact and law can be raised before the Court in a petition for review on certiorari under Rule 45.


• As a rule then, the Court is not bound by the factual findings made by the lower court which rendered the judgment in a petition for the issuance of the writ of amparo.


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