CA junks amparo, habeas data suits vs NTF-Elcac

Court of Appeals of the Philippines | PHOTO: Official website of the Court of Appeals / ca.judiciary.gov.ph

MANILA – A ruling by the Court of Appeals (CA) has turned down suits for protection filed by two activists against government security forces, the National Security Council (NSC) said Monday.

In a 55-page decision dated August 2 written by Associate Justice Lorenza R. Bordios, the former Special Eight Division of the appellate court dismissed the petitions for Writ of Amparo and Writ for Habeas Data filed by environmental activists Jhed Tamano and Jonila Castro for lack of substantial evidence.

READ: Environmental activists say they were abducted by soldiers

The petitions were filed against the National Task Force to End Local Communist Armed Conflict (NTF-Elcac), the Philippine Army, and the Philippine National Police (PNP), and its officials, including NSC Assistant Director Jonathan Malaya.

“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 court said.

READ: 2 environmentalists in Central Luzon abducted, says group

The petition for a writ of amparo is a remedy available to any person whose right to life, liberty, and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. The writ shall cover ex-legal killings and enforced disappearances or threats.

The writ of habeas data is a constitutional right that provides citizens the right to access personal information collected by the government or a private entity and to challenge or correct the data.

In dismissing the suits, the CA said the “petitioners failed to establish the existence of an imminent or continuing threat” and likewise “failed to specify the information or data they seek from respondents and the source thereof.”

“This decision is an unequivocal vindication for the NTF-Elcac and its officials and clearly exposes this case as a mere harassment and baseless case against the task force,” National Security Adviser Eduardo M. Año said in a statement.

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

However, during a press briefing by the task force on Sept. 19, the two activists alleged that they were abducted by unidentified individuals on September 2 and were allegedly delivered to the Army camp.

They filed the petitions with the Supreme Court on September 28, and in October, the SC directed the Court of Appeals to conduct a summary hearing and decide on the petitions.