Court dismisses petition for writ of amparo

THE Court of Appeals (CA) has dismissed the petition for writ of amparo and habeas data filed by two environmental community organizers linked to a communist front organization.

In its 55-page decision dated August 2, the CA's Former Special Eighth Division-Division of Five denied the petitions filed by Jonila Castro and Jhed Tamano for lack of «substantial evidence.»

The two environmental advocates earlier accused the military of abducting them on suspicion that they were members of a communist group.

The court said that the petitioners «failed to prove the existence of an imminent or continuing threat to their rights to life, liberty, or security» — necessary element for issuing the writ of amparo.

The CA also rejected the petitioners' claim that their alleged abduction and enforced disappearance were carried out by, or with the acquiescence of the state, noting that they failed to identify any government-affiliated individuals as the perpetrators of their alleged abduction.

The court said that Castro and Tamano's «blanket request for the production of information or data from the respondents was a grievous overreach, warranting the denial of the petition.»

In rejecting the petition, the CA affirmed the respondents' position that the alleged abduction was «baseless and unfounded» and that the extraordinary writs of amparo and habeas data cannot be used against government officials without sufficient proof.

Castro and Tamano are said to be volunteers for the Alyansa para sa Pagtatanggol sa Kabuhayan, Paninirahan, at Kalikasan ng Manila Bay (AKAP KA Manila Bay), a network of various environmental advocate groups that aim to advance the concerns of marginalized stakeholders around the Manila Bay coastal area.

During a press briefing at Camp Crame on Monday, Assistant Director General Jonathan Malaya said that this legal victory is a testament to truth and justice, countering the vilification campaign and propaganda against NTF-Elcac by the communist group.

«The decision of the Court of Appeals is a clear vindication for NTF-Elcac as an organization and for me personally, as I was named a respondent in what was clearly a baseless harassment case,» Malaya