MORE than two years after they were allegedly abducted by state security agents in Taytay, Rizal, the Court of Appeals has granted the writ of amparo to missing indigenous activists and UP Baguio graduates Dexter Capuyan and Gene Roz Jamil “Bazoo” De Jesus.
A writ of amparo (a Spanish word that means protection) is a special writ to protect or enforce a constitutional right other than physical liberty, while a writ of habeas data is a petition asking the court to compel the respondent to delete or destroy damaging information.
In a strongly worded decision dated August 12, 2025, the appellate court’s Sixteenth Division found not only “egregious shortcomings” in the PNP’s investigation but also deliberate efforts to conceal key evidence.
The appellate court’s ruling revealed that police had already located and interviewed the tricycle driver who witnessed the abduction.
But the information was withheld from both the petitioners and the CA, with the PNP attempting to claim that the victims voluntarily left with the armed men.
The witness, however, said the passengers were taken at gunpoint by the armed men who claimed to be members of the Criminal Investigation and Detection Group, evidence the CA said was suspiciously concealed and misrepresented.
“Taken altogether, there is substantial evidence establishing the continued disappearance of Bazoo and Dexter and the OSG respondents failed to conduct extraordinary diligence in investigating the same. Hence, the Court deems it proper to direct the conduct of a full-blown investigation by the OSG respondents with the assistance of concerned bodies and agencies such as the National Bureau of Investigation, DILG, and the filing of appropriate criminal and administrative charges against the pertinent responsible State agents, if warranted,” part of the CA’s 100-page order penned by Associate Justice Jennifer Joy Ong said.
Concurring with the decision were Associate Justices Ronaldo Roberto Martin and Ferdinand Baylon.
“Given the foregoing discourse, the Court finds and so holds that the petitioners and their families are entitled to the privilege of Writ of Amparo,” it added.
The CA directed the respondents to conduct a comprehensive and thorough investigation into the disappearance of the two activists and pursue other leads relevant to the resolution of the case.
Named respondents in the petition, which was filed by the families of the two missing activists, were then PNP Chief Benjamin Acorda, then PNP CIDG Director Romeo Caramat, AFP Chief of Staff Romeo Brawner, then AFP Civil Relations Service Chief Ramon Zagala, Major Al Anthony Pueblas of the 1st Civil Relations Group AFP, Lorraine Marie Badoy, Jeffrey Celiz and several unnamed CIDG operatives.
If the respondents have already left or retired from the service, the CA mandated that its order is enforceable against the pertinent offices and incumbent officials holding the relevant positions.
“Failure to comply with the foregoing shall constitute a contempt of court,” it added.
