CA grants writ of amparo, habeas data for kin of missing Bicol activist

The Court of Appeals (CA) has issued a writ of amparo and writ of habeas data in favor of the family of missing Bicol activist Felix Salaveria Jr.

In a 62-page ruling, the Former 13th Division found that authorities failed to exercise extraordinary diligence in its investigation into the disappearance of Salaveria, who was allegedly abducted in August 2024.

“This court simply cannot write finis to this case on the basis of an incomplete investigation conducted by the police and the military,” the CA said.

“In a very real sense, the right to security of Felix is continuously put in jeopardy because of the deficient investigation that directly contributes to the delay in bringing the real perpetrators before the bar of justice,” it added.

The writ of amparo is available to persons whose rights to life, liberty, and security are being threatened or violated by public officials, 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.

The CA said that further investigation must be made to identify the perpetrators behind the abduction.

‘Responsible, accountable’

It declared Philippine National Police chief Police General Nicolas Torre III and other cops as responsible and accountable for the enforced disappearance of Salaveria for failing to exercise extraordinary diligence in preventing the enforced disappearance as well as in investigating the case.

The CA directed the PNP and the National Police Commission to conduct a thorough investigation into the disappearance. It also ordered them to make available to the Commission on Human Rights (CHR) and other investigative bodies all documents that contain evidence regarding the incident upon request.

GMA News Online has sought comment from the PNP and will publish its statement once available.

Aside from this, the court directed the CHR to conduct a parallel investigation.

“We find it fittingly necessary to tap the CHR in conducting a parallel investigation on the case to ensure an effective and seamless flow of further inquiry into the enforced disappearance of Felix,” it said.

“We note that the CHR, unlike the police or the military, seems to enjoy the trust and confidence of the petitioners,” it added.

Meanwhile, the CA dropped former PNP chief Police General Rommel Marbil and Armed Forces chief General Romeo Brawner as respondents for their lack of direct and indirect involvement in the investigation. 

For their part, Salaveria’s children, Felicia and Gabreyel, welcomed the ruling. 

“Any win for our side is a light of hope in a seemingly endless dark tunnel. We hope and pray everyday that we will be reunited with our father! We would like to thank La Viña-Zarate law firm for supporting us in this legal battle,” they said in a statement

Meanwhile, Atty. Ben Galil Te, their legal counsel, said the fight is far from over.

“Even as the State continues to evade responsibility and hide the truth, our clients are determined to pursue justice — not only to surface Felix but to hold all those involved accountable, even those in the highest levels of government,” he said. — RSJ, GMA Integrated News