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Eco-Activist Legal Battle: Supreme Court vs. Court of Appeals

by Mae De Vera, LAWIN.news October 31, 2024
written by Mae De Vera, LAWIN.news October 31, 2024
DANGEROUS ADVOCACY Francisco “Eco” Dangla, an antimining activist based in Pangasinan who was abducted then freed three days later by armed men in March this year, holds a press conference next to Karapatan legal counsel Maria Sol Taule in this photo taken on May 10. —LYN RILLON
196

The Supreme Court has granted a temporary protection order to environmental activist Francisco “Eco” Dangla III. Dangla, who was allegedly abducted by state forces, received the order on September 9, with the decision made public recently. The court’s action aims to protect Dangla from harassment and threats. The order extends to his immediate family and witnesses, providing them with legal protection.

The protection order arises from Dangla’s petition to the Supreme Court, where he sought a legal remedy against the alleged harassment by state forces. The court responded positively to his plea, issuing the temporary protection order to ensure his safety. This order indicates recognition by the judiciary of the potential risks faced by Dangla and his family.

In contrast, the Court of Appeals denied similar protection sought by two other environmental activists, Jonila Castro and Jhed Tamano. Both activists, who were also allegedly abducted by state forces, had sought permanent protection orders. The Court of Appeals’ denial has left them without the same legal safeguards provided to Dangla.

The cases of Castro and Tamano were brought before the Court of Appeals following their alleged abduction. They argued that they faced threats and harassment from state forces, similar to Dangla. Despite their claims, the appellate court did not find sufficient grounds to issue the protection orders they requested.

The legal battles of these activists highlight the ongoing challenges faced by environmental advocates in the Philippines. The mixed legal outcomes underscore a divided judicial response to similar cases of alleged state harassment. The Supreme Court’s decision in favor of Dangla contrasts sharply with the Court of Appeals’ rejection of Castro and Tamano’s petitions.

Activists and human rights groups continue to monitor these legal proceedings closely. They argue that the denial of protection to Castro and Tamano may set a concerning precedent for future cases. The differing court decisions have fueled debates about the judicial system’s role in protecting individuals from alleged state harassment.

Dangla’s legal victory is seen as a significant step for environmental activists seeking judicial protection. However, the lack of similar success for Castro and Tamano has left them vulnerable. The Court of Appeals’ decision has been criticized by some sectors, who argue that it fails to adequately protect activists from potential state threats.

The situation remains tense as these activists navigate their legal journeys. While Dangla has secured temporary protection, the absence of similar orders for Castro and Tamano poses ongoing risks to their safety. Their legal teams indicate plans to continue pursuing protection, exploring possible appeals or alternative legal strategies.

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Mae De Vera, LAWIN.news

Mae De Vera is a passionate advocate, creative professional, and entrepreneur. A graduate of Political Science from Saint Louis University and a law student of Arellano University, Mae is dedicated to empowering marginalized communities through outreach programs and advocacy. With a background in digital artwork, event flyer design, ESL teaching, and business management, Mae brings a versatile skill set to her endeavors. She also embraces her love for nature through farming, integrating sustainability into her life. Mae’s leadership experience as a consistent school student leader reflects her commitment to making a difference. Today, she combines her creativity, advocacy, and entrepreneurial spirit to create impactful stories and initiatives that inspire change. Disclaimer: The views and beliefs expressed by the author do not necessarily represent those of LAWIN.news, its management, editorial board, or staff.

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