SC grants temporary protection to missing activist’s family. What now?

Jul 5, 2025 8:50 PM PHT

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SC grants temporary protection to missing activist’s family. What now?

MISSING. Activist James Jazmines has been missing since August 2024.

Jazmines family/Karapatan

The Court of Appeals will still determine whether to grant the privileges of the writs or not

MANILA, Philippines – Like what it did to the other petitions of activists and their families, the Supreme Court (SC) has granted the request of temporary protection sought by the family of missing activist James Jazmines.

The SC granted the Jazmines family’s petition for writ of amparo and habeas data.

Thewrit of amparo, often invoked by activists, is a protective writ that that usually comes in the form of a restraining order. Meanwhile, habeas data is an extraordinary legal remedy used by a party to compel another to destroy or delete information that could cause harm to them.

In this case, the High Court granted temporary protection to the family of Jazmines, prohibiting the respondents — Philippine National Police (PNP) and Armed Forces of the Philippines (AFP) officers and personnel — “from approaching or being within a one-kilometer radius of the petitioner and her immediate family.”

The SC dropped President Ferdinand Marcos Jr. as respondent in the case. As part of the procedure in writs, the SC also asked the police and military to explain Jazmines’ disappearance.

For the writ of amparo, they were ordered to make verified returns or response to show that they did “not violate or threaten to violate the right to life, liberty, and security” of the petitioner.

The respondents were also asked to explain their actions taken to determine the activist’s fate and whereabouts, as well as their actions to recover more evidence that could help in the probe into Jazmines’ disappearance.

Jazmines and his friend and fellow activist, Felix Salaveria Jr., were abducted within five days of each other in August 2024 in Tabaco City, Albay. The two, who have long histories of activism, were the14th and 15th victims of enforced disappearance or desaparecidos under President Ferdinand Marcos Jr.

The SC also granted the petition for writ of amparo and habeas data in favor of Salaveria in February this year.

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Only the start

The SC decision in favor of Jazmines is only the start of his family’s battle for answers — and the protection order was just temporary. It’s usually a lower court that determines if such protection would be permanent or not.

In this case, the High Court ordered the Court of Appeals (CA) to conduct a summary hearing and then decide on the petition based on the evidence that would be presented by the parties. The SC only granted the petition, but it is the CA that would determine if the privileges of the writs would be granted by the judiciary.

There have been instances where the CA granted activists the privilege of writ of amparo, like in the case of labor activists Loi Magbanua and Ador Juat, where the appellate court issued permanent protection orders for them and their immediate families.

But there were also cases where the SC had granted the writs but the appellate court later denied the granting of the privileges.

This was the fate of young environmental activists Jonila Castro and Jhed Tamano, who first went missing and then later resurfaced to reveal that they had been abducted by the military.

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The SCgranted their writs of amparo and habeas data petitions in February 2024, giving them temporary protection from some PNP and AFP officers.

But in August 2024, the CAdenied them the privileges of writs of amparo and habeas data. The two are currently appealing the CA decision with the SC. –Rappler.com

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