The Supreme Court has granted 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 High Bench ruled that failing to conduct a proper and thorough investigation in cases of enforced or involuntary disappearance violates or threatens a person’s right to life, liberty, and security. Investigations, it said, must be serious and effective, not just a mere formality.
In a decision written by Associate Justice Japar B. Dimaampao on 13 November 2024 and uploaded Tuesday, 11 March 2025, the SC En Banc granted the privilege after authorities claimed they released Tayo the same day to five barangay tanods and Melleza Besana), one of the complainants against him, but his family never saw him again.
A video of Tayo was presented by the police signing the release logbook but could not produce footage of him actually leaving the station, despite multiple requests from the Tayo family, the Commission on Human Rights (CHR), and the Public Attorney’s Office (PAO).
His family filed a petition for a writ of amparo, requesting the issuance of a production order against the police with the RTC which issued a writ of amparo and directed the police to file a verified return within 72 hours.
The police though alleged that the Tayo family failed to prove that the police were responsible for Tayo’s disappearance or that they withheld information on Tayo’s location.
They explained that even with an IT specialist’s help, they could not retrieve the video showing Tayo leaving the police station because the recording device only stored data for five days.
Nonetheless, they accompanied the Tayo family to the Barangay Pahanocoy Hall, where the family was shown footage of Tayo getting on a tricycle.
The family during the summary hearing, complained that the video shown to them in Barangay Pahanocoy was blurry and that, despite multiple requests, they were unable to access any clear footage of Tayo. Moreover, two witnesses declared they did not see Tayo leave the police station.
The RTC denied the privilege of the writ of amparo, finding that there was no showing that the police refused to provide information on Tayo’s whereabouts or that they participated in Tayo’s disappearance.
But the SC reversed the RTC decision and granted the privilege of the writ of amparo to the Tayo family.