Title
In the matter of the issuance of the writ of amparo and habeas data for Jonila Castro and Jhed Reiyana Tamano vs. Ronnel Dela Cruz et al.
Case
G.R. No. 269249
Decision Date
Oct 24, 2023
Environmental advocates abducted, coerced into false affidavits; Supreme Court grants writs of amparo, habeas data, and temporary protection due to grave threats to life and liberty.

Case Digest (G.R. No. 269249)
Expanded Legal Reasoning Model

Facts:

  • Antecedents and Parties
    • Petitioners
      • Jonila F. Castro and Jhed Reiyana C. Tamano, volunteers of AKAP KA Manila Bay tasked to coordinate with communities in Orion, Bataan.
    • Respondents
      • Lt. Col. Ronnel B. Dela Cruz and members of the 70th Infantry Battalion (AFP)
      • P/Capt. Carlito Buco and PNP personnel, NSC ADG Jonathan Malaya, NTF-ELCAC, and other state actors
  • Abduction and Captivity (September 2–11, 2023)
    • Forcible Abduction
      • On September 2 at ~7:00 p.m., masked men in a parked SUV seized petitioners on Manrique Street, Orion.
      • Petitioners’ phones were switched off, hands tied, eyes blindfolded and taped; they left behind footwear at the scene.
    • Interrogations and Threats
      • Multiple stops en route to undisclosed locations; blindfolded interrogations on affiliations, organizational structure, and plans.
      • Threats of execution, burial in a common grave, charges of rebellion, and mutilation of tongue if they did not “speak.”
  • Transfer, Affidavits, and Press-Conference Preparation (September 12–19, 2023)
    • Transfer to 70th Infantry Battalion Camp
      • On September 12, petitioners taken to Bulacan, medically examined, and introduced to local officials as “surrenderers.”
      • On September 13, coerced to execute handwritten affidavits, digitized by a PAO lawyer, and pressured to join a press conference.
    • Meetings and Press-Conference
      • September 14: Interview by CHR representatives to verify “voluntary surrender”; petitioners withheld full trust.
      • September 15–19: Briefed by NTF-ELCAC on press-conference flow; on September 19 they publicly denounced their abduction.
  • Release and Subsequent Threats
    • Release to CHR Custody
      • After the September 19 press conference, petitioners placed under CHR protection and released to families and colleagues.
    • Ongoing Threats
      • AFP’s NTF-ELCAC labelled petitioners’ acts “brazen” and “dangerous.”
      • NSC ADG Malaya threatened to expose all government-held information on petitioners and press perjury charges.

Issues:

  • Justification of Direct Recourse to the Supreme Court
    • Whether the petition properly bypassed lower courts under the hierarchy-of-courts rule.
  • Entitlement to Writs
    • Whether petitioners are entitled to a writ of amparo.
    • Whether petitioners are entitled to a writ of habeas data.
  • Entitlement to Interim Reliefs
    • Whether petitioners may obtain a Temporary Protection Order (TPO).
    • Whether petitioners are entitled to a Permanent Protection Order (PPO) or Production Order (PO).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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