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Republic vs. Cayanan
Republic vs. Cayanan
Doctrine: The proceedings taken under the Rule on the Writ of Amparo
are not akin or similar to those in criminal prosecutions. In the former, the
guilt or innocence of the respondents is not determined, and no penal
sanctions are meted. The proceedings only endeavor to give the
aggrieved parties immediate remedies against imminent or actual threats
to life, liberty or security.
Facts: On July 9, 2007, Pablo Cayanan, a used car dealer, and Ronaldo F.
Perez, a fixer, were forcibly taken by a group of armed men led by SPO2
Rolando Pascua. Perez was later released but Cayanan has not been seen
nor heard from since then.
A petition for habeas corpus was filed in behalf of Cayanan but later
converted to amparo proceedings. Perez executed a sworn affidavit
describing the abduction but later recanted his statement. SPO2 Pascua
submitted a counter-affidavit in which he denied the allegations and
claimed that he was also abducted in the same incident by unknown men.
The RTC issued the writ of amparo, ordering the CIDG Director to conduct
further investigations and for SPO2 Pascua to appear before the proper
forum. The CIDG however appeals the RTC’s judgment, arguing that the
applicant for the writ failed to prove by substantial evidence the
involvement of CIDG in the disappearance of Cayanan because Perez
recanted his affidavit; that the CIDG is only required to exercise ordinary
diligence and that it has already discharged its duty under the Rules when
it submitted its return with certifications that CIDG was not detaining
Cayanan. Lastly, the CIDG contends that the issuance of the writ violated
Pascua’s right to presumption of innocence.
Issues: 1. What is the nature of the writ and was there substantial
evidence to issue the writ?
2. Was there violation of Pascua’s right to be presumed innocent?