Question

Remedial

Maria filed a petition for issuance of a Writ of Amparo before the Court of Appeals on behalf of her husband, Rodrigo, a labor union leader who disappeared on September 1, 2024, after attending a rally against a mining company in their province. In her petition, Maria alleged that two days before Rodrigo disappeared, he received threatening text messages warning him to stop his activism. She also presented evidence that military personnel were seen taking photographs of Rodrigo and other union leaders during the rally. However, Maria admitted that she did not actually see who took Rodrigo, and no eyewitnesses have come forward. The military filed a Return stating that they have no knowledge of Rodrigo's whereabouts and deny any involvement in his disappearance. The Court of Appeals dismissed the petition, ruling that Maria failed to establish with certainty that the military was responsible for the disappearance. On appeal to the Supreme Court, Maria argues that the Court of Appeals applied the wrong standard of proof. Is Maria correct? Explain. (Bar 2026 Syllabus)

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