MANILA, Philippines – The Court of Appeals (CA) has granted the privilege of writs of amparo and habeas data in favor of missing activist James Jazmines, also declaring him a victim of enforced disappearance.

In a decision made public on Wednesday, January 14, the CA 12th division granted the petition of Jazmines’ wife, Corazon, and gave them the privileges of the protective writs.

The court further ruled that the petition was able to prove “by substantial evidence” that the activist’s disappearance was an “enforced disappearance” within the definition of the law.

A writ of amparo is a legal remedy invoked to protect a person’s rights to life, liberty, and security, and is used in cases like enforced disappearances and extrajudicial killings. Meanwhile, the writ of habeas data protects privacy rights and is used to compel the destruction of information.

Citing the rule on writ of amparo, the CA declared top police officers accountable for their failure to discharge their duty in the investigation and resolution of Jazmines’ enforced disappearance.

Furthermore, the decision stated that the writ of habeas data is warranted because state forces are shown to “possess, control, or have accessed” personal data of Jazmines, which was obtained and retained under “questionable circumstances.”

“Respondents failed to demonstrate the extraordinary diligence required to negate threats to the rights to life, liberty, security, and privacy. Instead, their actions reflect procedural compliance without transparency or efficacy,” the decision says.

The petition’s respondents include former Philippine National Police chief and current Metropolitan Manila Development Authority General Manager Nicolas Torre III, Bicol regional police director Andre Dizon, and Albay police director Julius Añonuevo, among others.

In July 2025, the Supreme Court granted the request for temporary protection sought by Jazmines’ family.

The case was turned over to the CA because it was the one tasked by the SC to conduct a summary hearing and to decide on the petition based on the evidence that would be presented by the parties. Simply, the SC only granted the petition last year, but it was the CA which determined if the privileges of the writs would be granted by the judiciary.

Jazmines, an activist who worked with the labor group Kilusang Mayo Uno, was abducted in August 2024 in Tabaco City, Albay. His friend and fellow activist, Felix Salaveria Jr., were the 14th and 15th victims of enforced disappearance, or desaparecidos, under President Ferdinand Marcos Jr.

“This is a major ruling for truth and justice. But we continue to demand that the State surface James and fellow missing activist Felix Salaveria,” the National Union of Peoples’ Lawyers said in a statement. – Vicensa Nonato/Rappler.com

Vicensa Nonato, a Rappler intern, is a journalism student at the University of the Philippines Diliman. This story was reviewed by a Rappler reporter and desk editor.