CA grants writs of amparo, habeas data to kin of missing Albay activist

The Court of Appeals (CA) has granted the privileges of the writ of amparo and the writ of habeas data in favor of the relatives of a missing activist in Albay.

In a 68-page decision dated January 14, the CA Twelfth Division declared responsible and accountable several officials for their failure to discharge their duty and exercise extraordinary diligence to prevent, investigate, and resolve the disappearance of activist James Jazmines.

“Respondents failed to demonstrate the extraordinary diligence required to negate threats to the right of life, liberty, security, and privacy. Instead, their actions reflect procedural compliance without transparency or efficacy,” it said.

“Where the state’s response is inadequate and the risk to fundamental rights persist, judicial protection must intervene until James’ whereabouts are fully ascertained,” it added.

These respondents were then Criminal Investigation and Detection Group (CIDG) Director Nicolas Torre III, Police Regional Office V Regional Director Andre Dizon, Albay Police Provincial Office Provincial Director Julius Añonuevo, CIDG Regional Field Unit V Chief Ma. Ivy Castillo, and Tabaco City Police Station Chief of Police Edmundo Cerillo. 

The CA said this is “without prejudice to criminal, civil, or administrative liability should the evidence so warrant.”

“Petitioner has established by substantial evidence that James’ disappearance is an ‘enforced disappearance’ within the definition of the law and jurisprudence,” it said.

Jazmines was allegedly abducted in August 2024.

“Concomitantly, the writ of habeas data is warranted because state authorities are shown to possess, control, or have accessed personal data and effects of James, obtained and retained under questionable circumstances, without full disclosure, lawful justification, or accountability,” the CA added.

The CA also directed the respondents to preserve and make available all evidence, whether in physical or digital form, which may be connected to Jazmines disappearance. 

Aside from this, the court directed the Philippine National Police (PNP), the CIDG, and the Police Regional Office V to conduct the speedy, thorough, and independent investigation on Jazmines’ enforced disappearance.

Meanwhile, the CA dropped as respondents former PNP chief Police Brigadier General Rommel Marbil and Armed Forces chief General Romeo Brawner due to lack of sufficient evidence showing their direct participation.

It also directed the Commission on Human Rights to conduct a parallel and independent investigation into Jazmines’ case.

GMA News Online reached out to Torre and PNP for comment and will publish it once available. —AOL, GMA Integrated News