Missing Bicol activist’s case: Kin granted writs of amparo, habeas data

MANILA, Philippines — The Court of Appeals (CA) has granted writs of amparo and habeas data to the daughters of missing Bicol activist Felix Salaveria Jr., who was reportedly seized by agents of the law last year.

In a ruling dated July 21, the CA held former Criminal Investigation and Detection Group director, now Philippine National Police chief Gen. Nicolas Torre III and four other PNP officers responsible and accountable for Salaveria’s disappearance.

The appellate court said authorities failed to exercise due diligence in investigating the case of Salaveria, who was seized in Tabaco City, Albay on Aug. 28, 2024.

The CA ordered the PNP and the National Police Commission to conduct a “serious, effective and thorough” investigation into the case.

In the same ruling penned by Associate Justice Mary Josephine Lazaro, the CA said the lack of a prompt and thorough inquiry into the complaints filed by Salaveria’s family indicated laxity on the part of the respondents.

“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 Salaveria is continuously put in jeopardy because of deficient investigation,” the CA said.

Citing pieces of evidence, the CA said the respondents “failed to discharge the burden of extraordinary diligence in the investigation of Salaveria’s enforced disappearance.”

The writ of amparo is granted to people whose rights to life, liberty and security are being threatened or violated by public officials, employees or private individuals or entities. It covers extrajudicial killings and enforced disappearances or threats.

The writ of habeas data is a remedy available to a person whose right to privacy, liberty or security is violated or threatened by a public official or a private individual who gathers, collects or stores information on the aggrieved party, his family, home and correspondence.

The CA ordered the respondents to make available to the Commission on Human Rights (CHR) and other investigative bodies all documents containing proof of the incident upon request.

It directed the CHR to conduct a parallel investigation to ensure an effective and seamless flow of inquiry into the enforced disappearance of Salaveria.

The CA dropped former PNP chief Gen. Rommel Marbil and Armed Forces of the Philippines chief Gen. Romeo Brawner as respondents in the case for their lack of involvement in the investigation.

Earlier, Salaveria’s daughters, Felicia and Gabreyel Ferrer, sought the assistance of the Supreme Court, which referred the case to the CA for a summary hearing and issued writs in January.