CASE | Arrest warrants issued versus two environmental activists over grave oral defamation charge

February 21, 2024 , 01:49 PM

(February 21, 2024) – Two environmental activists are facing arrest warrants over charges of grave oral defamation in a case that stemmed from their abduction claims against the military.

In two orders dated February 2, the Dona R. Trinidad Municipal Trial Court sought the arrest of Jonila Castro and Jhed Tamano over their alleged violation of Article 358 of the Revised Penal Code but they can post bail at P18,000 each.

Castro and Tamano were presented in a media conference organized by the National Task Force to End Local Communist Armed Conflict last September, following their two-week disappearance.

Authorities claimed they surrendered but the activists claimed that they were abducted by the military in Bataan. State forces denied these allegations.

State prosecutors stated in the information filed before the court that the acts of Castro and Tamano constituted willful defamation of the Armed Forces of the Philippines (AFP).

In an earlier statement, the Department of Justice (DOJ) recommended the filing of grave oral defamation against the two environmental activists after finding probable cause in the original complaint, noting that the utterances manifested their “intent to strike deep into the character, honor, and reputation” of the private complainant and the AFP.

“We consider the statement of respondents to be serious slander because the circumstances of the case show that they consciously, intentionally, and on purpose waited and chose the press conference which would be held in public to air their grievance and plight,” said the DOJ.

Following the issuance of the warrant of arrest against Castro and Tamano, a network of activists stressed that the two young environmental defenders should not be subjected to these kinds of attacks after what they already went through.

“Balak muling ipagkait sa dalawa ang kanilang kalayaan at karapatan matapos ibaba ang panukalang arestuhin sila sa kasong oral defamation. Sa kabila ito ng pinanigang pasya ng Korte Suprema para garantyahan ng proteksyon ang dalawa,” said the Hands Off Jhed & Jonila Network.

Just recently, the Supreme Court announced that it granted the writs of amparo and habeas data in favor of Castro and Tamano after finding merit in the petition. It also pointed out that the elements of enforced disappearance are present in their case.

“After a judicious review of the records, the Court concluded that ‘there was an established violation or threat to the life, liberty, or security of petitioners by respondents. The writs are called to be issued for reasons so obvious on the mere face of the petition,'” said the high court.

Gabriela Rep. Arlene Brosas joined the calls for the protection of Castro and Tamano amid the issuance of warrants against the two.

“Sila pa na walang mga kasalanan yung siyang kailangan ngayon managot. Nabaliktad. They should not be treated like this kasi trumped-up charges ‘yung ginawa sa kanila. This is a retaliatory attack on them,” stressed Brosas on ANC.

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