CA orders law enforcers to find 2 missing activists, cites lapses in probe
MANILA, Philippines — The Court of Appeals has ordered police and military officials to locate two indigenous rights activists missing for more than two years, after finding that authorities failed to meet the “extraordinary diligence” required in investigating their disappearance.
In a decision promulgated August 12, the appellate court granted the petitions for the writ of amparo filed by the families of Gene Roz Jamil “Bazoo” Centeno De Jesus and Dexter Capuyan, both indigenous rights advocates who have been missing since April 2023 in a suspected enforced disappearance by state forces.
A writ of amparo protects individuals whose right to life, liberty, or security is violated or threatened by unlawful acts of public officials, employees, or private entities.
The court also issued a permanent protection order for their relatives and directed the respondents — including top officials of the police and military — to submit a detailed report on their investigation within 60 days.
The petitions named as respondents PNP chief Gen. Benjamin Acorda Jr., CIDG director Maj. Gen. Romeo Caramat Jr., AFP chief Gen. Romeo Brawner Jr., and senior officers of the Civil Relations Service, among others. Private respondents included Lorraine Marie T. Badoy-Partosa and Jeffrey Luces Celiz.
In issuing the writ, the court specifically orders all the respondents to "pursue other leads relevant to the case and employ all available technical and modern technological resources to aid in locating" De Jesus and Capuyan.
The court found that the actions of the police and military officials, represented by the Office of the Solicitor General, were “grossly inadequate both in terms of effectiveness and depth" in surfacing the two missing activists.
It cited delayed action, selective presentation of evidence, and omissions in testimony that point to a possible "deliberate misinterpretation.”
According to witness accounts presented by the petitioners, De Jesus and Capuyan were stopped by white vehicles in Taytay and abducted by armed men who identified themselves as members of the Criminal Investigation and Detection Group (CIDG).
The court found that the police had withheld from the court and the petitioners a key detail in the disappearance of the two activist, based on the account of a tricycle driver who saw the abduction take place.
The driver, Marlon delos Reyes, had repeatedly asserted in his affidavit that the armed individuals who took Bazoo and Dexter identified themselves as "CIDG members."
The court noted that the testimony of police investigator Patrolman Reymond Comia inaccurately retold Marlon's statement, which “raises serious doubts about his motive for depicting the passengers as having voluntarily accompanied the armed men."
Comia's "omission of Marlon's repeated assertion in the latter's affidavit that the armed individuals identified themselves as CIDG members is not only questionable but gives rise to suspicion and a potential inference of deliberate misinterpretation."
"While the Court can only surmise as to why Pat. Coma chose to exclude such a crucial detail from his testimony, it is indicative of tolerance of, or acquiescence to, the acts said to have been committed by State agents," the ruling read.
The court stressed that under the Amparo Rule, the State must investigate any reported enforced disappearance “under any circumstances” and prosecute perpetrators if allegations are confirmed.
"A failure to fulfill this responsibility is not merely regarded as a procedural lapse but a substantive breach, as it constitutes a violation of the high standard of care mandated for State agents under the Amparo Rule," the ruling read.
While granting the writ of amparo, the appellate court, however, dismissed the families’ petitions for the writ of habeas data, saying they failed to present substantial evidence of an actual or threatened violation of their right to privacy.
Lawyer Ben Galil Te of the La Viña Zarate & Associates (LVZ Law), co-counsel for the victims’ families, said the decision marks a “significant step” in their search for the two activists.
“The court’s decision gives us hope that they may soon be found, assuming the Respondents comply with its orders,” Te said in a statement. “While we know the road ahead remains long, this is a win not just for the families of Dexter and Bazoo, but for all indigenous rights advocates and human rights defenders.”
Lawyer Anton Rodriguez, also co-counsel for the petitioners, said the ruling is a strong rebuke of the government's failure to protect its citizens.
"The State failed to discharge its duty to prevent and investigate the disappearance of Bazoo and Dexter. Whether the Respondents faithfully comply with the Court’s firm directives is a matter we will still have to closely monitor — and we will do just that,” he said.
The ruling comes shortly after the Cour of Appeals also granted the privilege of the writs of amparo and habeas data in the case of missing activist Felix Salaveria, rulings that lawyers say signal the judiciary’s growing recognition of the urgency in addressing enforced disappearances.
De Jesus is a staff member of the Philippine Task Force on Indigenous Peoples Rights, an advocacy group for the rights of indigenous communities across the Philippines. Meanwhile, Capuyan is a long-time activist in the Cordillera region, where he has worked closely with indigenous peoples on land rights and their quest for self-determination.
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