By Mark Vincent A. Durano

Nearly two years after their reported enforced disappearances, the preliminary hearings of the writs of amparo and habeas data for indigenous people’s (IP) rights and environmental defenders Dexter Capuyan and Gene Roz Jamil ‘Bazoo’ De Jesus started at the Court of Appeals (CA) last April 10.

Dexter and Bazoo were allegedly forced into a van by armed men who claimed to be members of the Criminal Investigation and Detection Group (CIDG) in Taytay, Rizal last April 28, 2023.

A writ of amparo is a legal remedy that upholds the right to life, liberty, and security of a citizen from unlawful acts or omissions of a public official or employee, or of a private individual or entity. Meanwhile, a writ of habeas data challenges or corrects data by providing citizens access to personal information collected by the government or a private entity. 

The preliminary conference shall gather and present all evidence regarding the abduction case.

It began eight months after the activists’ families and legal counsel called upon the Supreme Court (SC) to look into the case, filing the protective writs in August 2024.

Moreover, their motion was granted, providing the families a Temporary Protection Order according to an en banc resolution dated September 9, 2024 but was only publicly released on November 22.

With the order, several respondents and elements under their command were barred from going within one kilometer from Bazoo’s sister Idda De Jesus-Tiongco, Dexter’s daughter Chuwaley, and their immediate families.

Prohibited public respondents include Philippine National Police chief Benjamin Acorda Jr., CIDG director PMGen. Romeo Caramat Jr., Armed Forces of the Philippines (AFP) chief of staff Gen. Romeo Brawner, AFP CRS chief MGen. Ramon Zagala, and AFP 1st Civil Relations Group chief Maj. Al Anthony B. Pueblas, as well as private respondents Lorraine Marie Badoy-Partosa and Jeffrey Luces Celiz.

Badoy formerly served as a spokesperson for the National Task Force to End Local Communist Armed Conflict and worked under the Quiboloy-led Sonshine Media Network International with Celiz.

Before this, the kin and legal counsel also filed a writ of habeas corpus before the CA in July 2023 but was dismissed.

According to Dexter and Bazoo’s legal counsel, Atty. Tony La Viña, the case will still undergo pre-trial to identify the dates of the trial which he thinks will be finished by May with a decision in June.

In an interview with FEU Advocate, La Viña emphasized prompting actions to amplify the urgency of surfacing desaparecidos.

“‘Wag tayong sumuko (Let’s not give up), we do not surrender, we do not despair, we have to keep on trying. They’re alive. They’re somewhere there. Kailangan nilang marinig na hinahanap natin sila… Kailangan tayong mag-ingay, kailangan tayong mag-file ng kaso (They need to hear that we are looking for them. We have to make noise, we need to file a case),” he said.

Meanwhile, Chuwaley expressed her hope that the Court will heed their pleas.

Dexter’s daughter also condemned how they do not have any updates from government agencies regarding the case.

“Mabagal [ang kaso] o walang tugon sa amin kung ano na ba inabot ng imbestigasyon nila [na] para bang walang interes na malaman kung sino ang dumukot sa kanila [Dexter and Bazoo] (The case is slow or they do not have any response regarding what their investigation has reached as if they do not an interest in finding out who abducted Dexter and Bazoo),” Chuwaley stated.

She remained firm that state forces had the primary interest in the Cordilleran defenders’ abduction.

Additionally, the missing activists’ families continued to echo their hope that Dexter and Bazoo and other victims of enforced disappearances will soon surface.

“Ang bawat pamilya ng mga desaparecidos ay patuloy pa rin sa aming panawagan, hindi nawawala ang pag-asa… Dapat ay isinasaalang-alang natin ang karapatan ng bawat isa (Every family of desaparecidos continue our call, hope is not lost… We should be mindful of each other’s rights),” Idda stated.

They also expressed their commitment to continue finding their loved ones.

“Pinapatunayan nito na makatarungan ang ating pakikibaka. Patuloy tayo sa ating paglaban para makamit ang hustisya. Babalik ang mga minamahal na kinuha sa atin (This proves that our struggle is rightful. Our fight to obtain justice continues. Our loved ones who were deprived from us will come back),” Chuwaley affirmed.

Prior to the abduction, the IP rights defenders already faced threats and red-tagging as “communist sympathizers” from the state. 

Human rights group KARAPATAN has recorded at least 14 cases of enforced disappearances since the Marcos Jr. administration has started.

(Photo by Mark Vincent A. Durano/FEU Advocate)