The Supreme Court on Wednesday, August 5, granted a temporary protection order (TPO) to four individuals who alleged that military and law enforcement authorities red-tagged them and falsely identified them as members of the illegal Communist Party of the Philippines-New People’s Army (CPP-NPA).
The protective coverage applies to attorney Rey Gorgonio, Joselito Macapobre, Analyn Mirano, and Ma. Anabelle Ilustrisimo.
The four petitioners informed the tribunal that they were targeted due to their human rights advocacy and their connection with the Paghida-et sa Kauswagan Development Group, Inc., a non-governmental organization assisting rural communities and farmers in Negros Island with agrarian reform initiatives.
The high court issued the TPO in response to a petition seeking Writs of Amparo and Habeas Data.
According to the Court, a Writ of Amparo “is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.”
It further defined a Writ of Habeas Data as “a legal remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information.”
Under the issued TPO, the named respondents—including former Philippine Army commanding general Lt. Gen. Antonio Nafarrete and current chief Lt. Gen. Donald Gumiran—are mandated to maintain a distance of at least one kilometer from the four petitioners and their immediate families.
Additionally, the Supreme Court instructed the military and law enforcement officials implicated in the petition to submit a verified return before the Court of Appeals (CA) within 10 days of receiving the order, outlining their legal defenses, comments, and relevant details.
The CA has been directed to hold a summary hearing to evaluate whether the petitioners qualify for full protection under the Writs of Amparo and Habeas Data, and to resolve the case within 10 days once it is submitted for decision.