CA flags Torre, other cops’ ‘laxity’ in Bicol activist’s case

Inquirer file photo

MANILA, Philippines — The Court of Appeals (CA) has found Philippine National Police chief Gen. Nicolas Torre III and four other police officers responsible and accountable for the disappearance of Bicol activist Felix Salaveria Jr.

The court also extended legal protection to Salaveria’s daughters by granting them the privileges of the writs of amparo and habeas data.

In a 62-page decision dated July 21, the CA’s former 13th Division said Torre, who was director of the Criminal Investigation and Detection Group (CIDG) at the time, and the other police officers failed “to exercise extraordinary diligence” in investigating the case.

The court ordered the National Police Commission and the PNP to conduct a “serious, effective and thorough” investigation into the case of Salaveria, who was allegedly abducted by law enforcement agents.

READ: CHR probes alleged abduction of two activists in Albay

“Evidently, the lack of a prompt and thorough official inquiry into the allegations made by petitioners [indicates] a laxity of the required diligence on the part of respondents,” the court said in the ruling penned by Associate Justice Mary Josephine Lazaro.

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

Captured on CCTV

A writ of amparo is a remedy available to a person whose right to life, liberty, or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity. It is intended to address cases of extrajudicial killings and enforced disappearances.

A writ of habeas data is a legal remedy for anyone whose privacy, life, liberty, or security is violated or threatened by unlawful actions of a public official, employee, or private entity involved in collecting or storing personal data about the person, their family, home, or communications.

Salaveria, then age 66, was abducted in broad daylight on Aug. 28, 2024, by a still unidentified group.

His abduction took place five days after the disappearance of his friend and fellow activist, James Jazmines.

Salaveria was last seen in Barangay Cobo, Tabaco City, Albay, being forced into a gray van, in an incident captured on security video.

Remanded to CA

His daughters, Felicia and Gabreyel Ferrer, represented by La Viña Zarate & Associates, first turned to the Supreme Court in November 2024 to seek legal remedies.

On Jan. 13, the Supreme Court issued the two writs in favor of Salaveria and remanded the case to the CA, which was tasked to determine if the petition merits the granting of its privileges after a proper hearing and presentation of evidence.

In siding with Salaveria’s daughters, the CA held that after a “meticulous scrutiny” of the facts, evidence showed that the respondents from the PNP “failed to discharge the burden of extraordinary diligence in the investigation of Felix’s enforced disappearance.”

Aside from Torre, the court also found Police Brig. Gen. Andre Perez Dizon, regional director of Police Regional Office V; Police Col. Julius Añonuevo, provincial director of Albay Police Provincial Office; Police Col. Ivy Castillo, chief of the Criminal Investigation and Detection Group Regional Field Unit 5; and Police Lt. Col. Edmundo Cerillo, Jr., chief of the Tabaco City Police Station, accountable in the case.

Major step forward

They were ordered to preserve and make available to the Commission on Human Rights and other investigative bodies all pieces of evidence related to the petition.

Ben Galil Te, a lawyer for Salaveria’s daughters, described the ruling as a major step forward.

“Hopefully, if the respondents comply fully, this could lead to the surfacing of Felix,” Te said in a statement.

“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 [also] to hold all those involved accountable, even those in the highest levels of government,” he said. /cb