Environmentalists appeal CA's denial of protection orders | ABS-CBN
ADVERTISEMENT
Welcome, Kapamilya! We use cookies to improve your browsing experience. Continuing to use this site means you agree to our use of cookies. Tell me more!
Environmentalists appeal CA's denial of protection orders
Environmentalists appeal CA's denial of protection orders
Jhed Tamano and Jonila Castro on February 22, 2024 attend their preliminary conference before the Court of Appeals after the Supreme Court granted their petition for writs of amparo and habeas data. Jonathan Cellona, ABS-CBN News/File
Jhed Tamano and Jonila Castro on February 22, 2024 attend their preliminary conference before the Court of Appeals after the Supreme Court granted their petition for writs of amparo and habeas data. Jonathan Cellona, ABS-CBN News/FileMANILA -- Environmentalists Jhed Tamano and Jonila Castro have asked the Court of Appeals to reverse its decision to deny the issuance of the Writ of Amparo and Writ of Habeas Data in connection with their supposed 2023 abduction by the military in Bataan.
MANILA -- Environmentalists Jhed Tamano and Jonila Castro have asked the Court of Appeals to reverse its decision to deny the issuance of the Writ of Amparo and Writ of Habeas Data in connection with their supposed 2023 abduction by the military in Bataan.
In their motion for reconsideration filed on August 12, 2024, Tamano and Castro said the court committed serious but reversible error in finding that they failed to prove that they are entitled to the privilege of the writ of amparo and habeas data.
In their motion for reconsideration filed on August 12, 2024, Tamano and Castro said the court committed serious but reversible error in finding that they failed to prove that they are entitled to the privilege of the writ of amparo and habeas data.
Tamano and Castro noted that the court gave weight on their alleged failure to specify the information it sought with reasonable accuracy.
Tamano and Castro noted that the court gave weight on their alleged failure to specify the information it sought with reasonable accuracy.
"It must be stressed that the respondents, as representatives of the state, have made public threats to expose information about the petitioners," said Atty. Dino De Leon of the Free Legal Assistance Group in the motion for reconsideration.
"It must be stressed that the respondents, as representatives of the state, have made public threats to expose information about the petitioners," said Atty. Dino De Leon of the Free Legal Assistance Group in the motion for reconsideration.
ADVERTISEMENT
Tamano and Castro reiterated that the very purpose of the writ of habeas data is to prevent unlawful intrusions into an individual's right to privacy.
Tamano and Castro reiterated that the very purpose of the writ of habeas data is to prevent unlawful intrusions into an individual's right to privacy.
They noted that the urgency of protecting their rights should take precedence over the "overly technical requirement" of specific data identification.
They noted that the urgency of protecting their rights should take precedence over the "overly technical requirement" of specific data identification.
"Requiring the petitioners to identify the specific information held by the respondents creates and impossible standard, effectively negating the protective purpose of the writ," De Leon said.
"Requiring the petitioners to identify the specific information held by the respondents creates and impossible standard, effectively negating the protective purpose of the writ," De Leon said.
The motion also reiterated the dissenting opinion of Associate Justice Emily San Gaspar-Gito which mentioned the threats made by the captors of the two.
The motion also reiterated the dissenting opinion of Associate Justice Emily San Gaspar-Gito which mentioned the threats made by the captors of the two.
San Gaspar Gito noted the red-tagging and threats made by National Security Council Assistant Director General Jonathan Malaya to "slowly expose" all of their information about the two.
San Gaspar Gito noted the red-tagging and threats made by National Security Council Assistant Director General Jonathan Malaya to "slowly expose" all of their information about the two.
"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," De Leon said.
"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," De Leon said.
RELATED VIDEO:
ADVERTISEMENT
ADVERTISEMENT
