Court of Appeals asked to reconsider denial of activists' protective writs

MANILA, Philippines — Environmental activists Jhed Tamano and Jonila Castro on Monday filed a motion for reconsideration before the Court of Appeals, asking the appellate court to grant the denied protective writs and compel the respondents to stop red-tagging.

In a 31-page plea, the activists, who were abducted in September 2023, asked the appellate court to grant the privilege of writ of habeas data and writ of amparo and a permanent protection order to prohibit the military and the police from entering within a radius of one kilometer.

“Red-tagging by state actors is a serious violation of constitutional rights, particularly the right to life, liberty, and security. The Petitioners have shown that they are at risk of further violation of their rights through the threatened dissemination of information by the respondents,” the petition read.

“This Honorable Court's decision fails to adequately consider the chilling effect of red-tagging on the exercise of fundamental freedoms, including freedom of expression and the right to privacy,” it added.

The petition also asked the appellate court to compel the National Bureau of Investigation to conduct a partial and speedy investigation concerning the abductions of Castro and Tamano.

On August 2, the Court of Appeals denied the pair’s application for writs of habeas data and amparo due to their “failure to establish their claims as substantial evidence” despite the court’s recognition that their abduction and detention are “credible, straightforward, and worthy of belief.”

According to the petition, the appellate court committed a “serious and reversible error” by not granting the writ of amparo.

"Even more, notwithstanding numerous pieces of evidence supporting that the Respondents and/or their agents are involved in the abduction or that such was carried out with their acquiescence if not actual participation, this Honorable Court has chosen to let the Petitioners, two young women, to remain at the mercy of State caprice by not granting them any sort of protection even after their ordeal,” the petition read.

A writ of amparo protects individuals whose right to life, liberty, or security is violated or threatened by