CA dismisses writs of amparo, habeas data filed by activists Tamano, Castro

The Court of Appeals (CA) dismissed the petitions for writs of amparo and habeas data filed by two environment activists against state security forces.

In a 55-page decision dated August 2, the CA’s Former Special Eighth Division dismissed the petition because the petitioners, activists Jonila Castro and Jhed Tamano, did not present enough evidence to support their claims.

“All told, this Court finds that the privilege of the writs of amparo and habeas data cannot be granted to petitioners for their failure to establish their claims by substantial evidence,” the decision read.

Among the respondents were:

• National Security Council Assistant Director General Jonathan Malaya
• National Task Force to End Local Communist Armed Conflict
• Lieutenant Colonel Ronnel B. Dela Cruz and members of the 70h Infantry Battalion of the Philippine Army,
• Police Captain Carlito Buco and members of the Philippine National Police - Bataan

According to the CA, the petitioners failed to prove an imminent or continuing threat to their life, liberty, and security.

Furthermore, they were not under threat or restraint during their stay at the 70th Infantry's camp after they were allegedly abducted or arrested.

The petitioners also did not submit evidence that the state or government agencies had participated in their disappearance.

They failed to prove the existence of the right to informational privacy and had not demonstrated their entitlement to the right of informational privacy over a specific piece of information.

The petitioners also did not specify the information or data they sought from respondents.

"Using this case, the militant left, and all their allied organizations have attempted to demonize the NTF ELCAC and use it as another excuse to call for its abolition both in the court of law and the court of public opinion,” Malaya said.

“They attempted to use our laws to intimidate, scare, and silence us by filing cases in the courts," he added.

The writ of amparo is available to persons whose right to life, liberty, and security are being threatened or violated by public officials or employees or private individuals or entities. It covers extralegal killings and enforced disappearances, or threats.

Meanwhile, the writ of habeas data is a remedy available to a person whose right to privacy, liberty, or security is violated or threatened with violation by a public official or a private individual who gathers, collects, or stores information on the aggrieved party, their family, home, and correspondence.

In September 2023, the NTF ELCAC claimed that Tamano and Castro surrendered to the 70IB in Doña Remedios Trinidad, Bulacan.

The anti-insurgency task force presented the two at a press conference, ostensibly to debunk reports of their abduction. However, the activists said they were abducted by the military.

In February this year, the Supreme Court granted Tamano and Castro writs of amparo and habeas data by the Supreme Court, though the NTF ELCAC said the case was not yet over as this was remanded to the CA.

GMA News Online sought comment from Castro and Tamano, through their lawyer, on the CA's decision. They had yet to provide a statement as of posting time.

When sought for comment, Atty. Dino De Leon, the legal counsel of Tamano and Castro, said they will file the appropriate remedy.

“We believe that the Honorable Court of Appeals committed reversible errors. We will file the appropriate remedy,” De Leon told reporters.

De Leon also slammed the NTF-ELCAC for supposedly violating the sub judice rule.

“Unlike the Respondents who are blatantly violating the sub judice rule by calling for a press conference on a live case pending before our courts, we will refrain from arguing on the merits before the media,” De Leon said.

“Respondents and their counsel should have known better,” he added.— DVM/RF, GMA Integrated News