MANILA, Philippines — The Supreme Court (SC) has issued protective writs in favor of the family of missing Bicol-based activist James Jazmines and ordered the Armed Forces of the Philippines (AFP) and Philippine National Police (PNP) to explain the circumstances leading to his disappearance.
The SC directed the AFP and the PNP to disclose the actions they have undertaken to determine his whereabouts.
In a revised resolution promulgated on May 6, a copy of which was released to the media only yesterday, the SC granted a petition for writs of amparo and habeas data as well as temporary protection order (TPO) filed last year by Jazmines’ wife Elna Corazon.
The SC defines a writ of amparo as a “remedy available to any person whose right to life, liberty and security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity.”
The writ of amparo especially covers extralegal killings and enforced disappearances or threats thereof.
The writ of habeas data, meanwhile, is a remedy for any person whose right to privacy, liberty and security is violated or being threatened to be violated by any public official or private individual engaged in the gathering and storing of data or information against the aggrieved person or his family.
Both writs may be sought not just by the aggrieved person, but also by a member of his family.
The high tribunal directed AFP chief Gen. Romeo Brawner Jr., former PNP chief Gen. Rommel Francisco Marbil, current PNP chief Gen. Nicolas Torre III and several police officials of the Albay police to submit before the Court of Appeals (CA) their comments on the writs of amparo and habeas data within 72 hours and five days, respectively, from receipt of the resolution.
The CA was directed to raffle off the case and the assigned justice to conduct a summary hearing on Jazmines wife’s petition and prayer for interim relief on July 7.
The SC said the assigned CA justice must decide on the merits of the case within 10 days from the date of submission of the case for decision.
In the same resolution, the SC dropped President Marcos as a respondent in the case, citing its previous ruling in De Lima v. President Duterte, wherein the court affirmed its position that a sitting president is immune from any suit.
Jazmines, a psychology graduate of the University of the Philippines in Diliman and former information officer of labor group Kilusang Mayo Uno, went missing in August 2024.
Previous news reports said he was seized after attending the 66th birthday party of a fellow activist, Felix Salaveria, in Tabaco City.
Salaveria also went missing a few days later.
Witnesses interviewed by human rights advocate group Karapatan said Salaveria was “seized” by unidentified men near his house on Aug. 28, 2024.
Karapatan said the disappearance of the activists could be connected, citing indications that Jazmines and Salaveria were both under surveillance for about six months before their disappearance.
In the writ of amparo, the SC specifically directed Brawner, Marbil, Torre and four other police officials of Albay to show proof that they did not violate the “right to life, liberty and security” of Jazmines.
The respondents were told to elaborate the “steps or actions” they have undertaken “to determine the fate or whereabouts of Jazmines, and the person or persons responsible for the threat, act or omission” against him.
As for the writ of habeas data, the respondent military and police officials were directed to disclose to the CA the data or information they obtained about Jazmines and the purpose for its collection as well as the steps or actions that they have undertaken “to ensure the security and confidentiality of the data or information.”