SC upholds protection order for eco-advocates

The Supreme Court (SC) on Wednesday announced that it has denied a motion filed by military and police officers challenging the grant of writs of amparo and habeas data to two environmental advocates.
In a resolution dated 6 May 2025 and written by Associate Justice Ramon Paul L. Hernando, the Supreme Court En Banc upheld the writs and the Temporary Protection Order previously issued in favor of petitioners Jonila F. Castro and Jhed Reiyana C. Tamano.
The writs were issued against members of the 70th Infantry Battalion of the Philippine Army, the Philippine National Police, the National Security Council and the National Task Force to End Local Communist Armed Conflict.
The Temporary Protection Order bars the respondents from coming within one kilometer of the petitioners’ homes, schools, workplaces or current locations.
To recall, the petitioners alleged that the respondents had abducted them and coerced them into signing false affidavits based on unfounded suspicions of involvement in anti-government activities.
The respondents, through the Office of the Solicitor General, argued that they were denied due process when the Supreme Court issued the writs and the protection order without first requiring them to file their comment.
They also questioned the court’s initial finding of substantial evidence, claiming that should have been left to the Court of Appeals to resolve. The Supreme Court rejected those arguments.
The court clarified that under the Rules on the Writ of Amparo and Habeas Data, prima facie evidence— or evidence that is good and sufficient on its face — is enough to justify the immediate issuance of the writs when a petition shows a credible threat to a person’s life, liberty, security or privacy.
The writs have been issued directing the Court of Appeals to conduct summary proceedings to determine the full merits of the petition, and ordering the respondents to file a verified return before the appellate court.
The Writ of Amparo, meaning “protection,” is designed to shield individuals against threats to or violations of their right to life, liberty or security, particularly in cases of extrajudicial killings and enforced disappearances.
Meantime, the Writ of Habeas Data safeguards the right to privacy, especially against the unlawful collection, use or disclosure of personal information.
