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Ma. Estrelita D. Martinez vs. Director General Leandro Mendoza, et al.

MA. ESTRELITA D. MARTINEZ, Petitioner, vs. Director General LEANDRO MENDOZA, Chief Superintendent NESTORIO GUALBERTO, SR., Superintendent LEONARDO ESPINA, SR., Superintendent JESUS VERSOZA, and JOHN DOES, Respondents.

G.R. No. 153795 | 2006-08-17

FIRST DIVISION

D E C I S I O N

PANGANIBAN, CJ.:

When respondents deny custody of an allegedly detained person, petitioners have the duty of establishing the fact of detention by competent and convincing evidence; otherwise, the writ of habeas corpus cannot be issued. Nonetheless, when the disappearance of a person is indubitable, the law enforcement authorities are duty-bound to investigate it with due diligence and to locate the missing person. When the wrongdoing is attributable to the police agencies and/or their agents, the aggrieved may secure the assistance of the People’s Law Enforcement Board or the Commission on Human Rights.

The...