The Supreme Court (SC) has granted temporary protection to the family of disappeared activist James Jazmines, ordering officers of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) to stay at least one kilometer away from the petitioner and her immediate family.
Jazmines, 63, has been reported missing since August 23, 2024, and was last seen in Barangay San Lazaro, Tabaco City, Albay.
The SC approved the petitions for writ of amparo and writ of habeas data filed by Jazmines’ wife, Elna Corazon, in response to his reported abduction.
His friend, human rights defender Felix Salaveria, was also abducted by unidentified men near his house in Tabaco City on August 28, 2024.
Both Jazmines and Salaveria have long histories of activism and were political prisoners during the martial law years. Jazmines served as the information officer of the Kilusang Mayo Uno (KMU) labor center until 1992 and later worked as a freelance IT consultant. He assisted in publishing BAGWIS, a newspaper dedicated to informing workers about national issues affecting them and their right to organize unions.
The SC defines the writ of amparo as a legal protection against threats to life, liberty, and security, often used in cases involving enforced disappearances or extrajudicial killings. The writ of habeas data allows individuals to compel the disclosure or deletion of information being used against them that may violate their privacy or security.
As part of its resolution, the SC excluded President Ferdinand Marcos Jr. from the list of respondents, citing the doctrine of presidential immunity from suit. However, it directed high-ranking officials in the AFP and PNP, including current PNP Chief Gen. Nicolas Torre III and former PNP Chief Gen. Rommel Francisco Marbil, to respond to the petitions and explain the steps taken to locate Jazmines and protect his rights.
While the SC’s action marks a significant step for Jazmines’ family, the protection order remains temporary. The Court of Appeals (CA) has been tasked with conducting a summary hearing and will decide whether to grant permanent protection based on the evidence presented.
The case resembles a similar petition granted earlier this year to the family of Felix Salaveria and reflects a pattern seen in previous rulings involving activists. In some instances, the CA upheld permanent protection orders. In others, like the case of environmental defenders Jonila Castro and Jhed Tamano, the court ultimately denied the privilege of the writs, even after the SC had initially granted temporary relief.
Castro and Tamano were abducted in September 2023 while conducting environmental fieldwork in the province of Bataan. Though the SC granted them protective writs and acknowledged evidence of enforced disappearance, the CA dismissed their petitions in August 2024 – a decision now under appeal.
Photo © Raffy Lerma