The Commission on Human Rights (CHR) welcomes the ruling of the Court of Appeals (CA) on 9 September 2022, which issues a privilege of the Writ of Amparo, Permanent Protection Order, and directs the conduct of a comprehensive and exhaustive investigation on the disappearance of Elizabeth “Loi” Magbanua and Alipio “Ador” Juat.

Loi and Ador are labor organizers and members of the Kilusang Mayo Uno who were last seen attending a meeting with fellow community organizers in Valenzuela City on 3 May 2022. CA said that petitioners were able to prove by substantial evidence that Loi and Ador are victims of enforced disappearance. The court added that the issuance of the Writ of Amparo is due to their continued disappearance without a trace and having been last heard from a military facility.

CHR welcomes the strong response of the CA to the initial writ of protection issued by the Supreme Court. It is notable that the court determined the accountability of some military officials and officers and directed the pursuit of an expeditious and exhaustive investigation. Moreover, the permanent protection granted by the CA is crucial in protecting the immediate family of the victims and can help encourage more families of victims to pursue justice.

We fervently hope that the CA ruling will translate to certitude of responsibility for those proven involved and expeditiously result to the uncovering of the full truth. The case of Loi and Ador highlights the vulnerability of activists to involuntary disappearance. It should trigger renewed government attention and decisive action on the situation of human rights defenders and activists around the country.

The Commission continues to call for unimpeded action and resolution on all cases of desaparecidos as well as strengthened protection for activists and human rights defenders. We also reiterate our call for the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance to ensure that this individual right is rooted on a legal standard that is not dependent on political dynamics of government, change of leadership, or policies.

It is incumbent upon the State to reverse the continuing impunity that enable heinous human rights violations, including enforced disappearance, to persist. ###