Braving trauma, survivor Eco Dangla appeals court denial of protection
MANILA — Despite the court’s admission that abduction survivor Francisco “Eco” Dangla III was forcibly disappeared and red-tagged — and that police and military forces failed to exercise extraordinary diligence — his plea for protection was still denied, exposing a troubling gap between state accountability and justice for victims of enforced disappearances.
The Court of Appeals (CA) denied the writ of amparo and habeas data of Dangla in a decision penned by Associate Justice Emilio Rodolfo Y. Legaspi III due to perceived failure to establish that the abductors were state agents. Consequently, Dangla filed a motion for reconsideration on September 29, assisted by his legal counsel from the National Union of Peoples Lawyers (NUPL).
“The court did not deny that the abduction transpired,” said Dangla in an interview with Bulatlat. “But the court could not find the links of the state security forces despite our evidence of red-tagging, death threats, and even phone communications.”
The writ of amparo is a legal remedy and protection available to any person whose right to life, liberty, or security has been violated or is threatened. This is supposed to protect people against extrajudicial killings and enforced disappearances. The writ of habeas data, meanwhile, serves to protect a person’s right to privacy in life, liberty, or security against unlawful collection, storage, or use of personal data of the victim.
Substantial evidence
“A re-examination of the totality of the Petitioner’s (Dangla) evidence would reveal that there is substantial evidence to conclude that his abductors were military personnel and that there was refusal on the part of the Respondents to acknowledge the Petitioner’s deprivation of liberty,” the motion stated.
The motion reiterated the evidence coming from open source investigation of social media accounts on Facebook, Messenger, and financial service Gcash which were used by the abductors during their abduction and torture.
A testimony from Pia Montalban of human rights group Karapatan Central Luzon supported this, stating that the Facebook account of Joxelle “Jak” Tiong, another environmental defender abducted along with Dangla, requested fund transfer to a certain “Christine Araque” who has posts featuring a photo of a soldier from the 514th Engineer Construction Battalion.
Dangla and Tiong were abducted at the same date, place, and time. National Union of Peoples Lawyers (NUPL), petitioner’s counsel, argued that the CA ruling disregarded the established finding that the two were simultaneously abducted.
Dangla and Tiong were mauled into a van by armed men on March 24 , 2024 in barangay Polo, San Carlos, Pangasinan. Four days later, the two activists surfaced, following a strong campaign of more than 600 individuals and international and local organizations calling for their immediate release.
“Taken together with the undisputed fact that a photograph of a man in military uniform was uploaded as Tiong’s Telegram profile picture during his captivity, these circumstances sufficiently establish substantial evidence of military involvement in the Petitioner’s abduction,” the motion added.
Moreover, Dangla said that the court has not yet put into consideration that he had been labeled as a “regional threat” by the local government, particularly its Regional Peace and Order Council – 1.
Other pieces of evidence are the compilation of red-tagging posts against Dangla by a Facebook page “PULAkero” and a testimony from a church worker stating that a certain Wilfred Umaming, who introduced himself as an agent of the National Bureau of Investigation (NBI), was looking for Dangla.
Last year, the Supreme Court declared that red-tagging threatens a person’s right to life, liberty, or security, which may justify the issuance of writ of amparo.
“All in all, while not discounting the feelings of fear and anxiety brought about by the petitioner’s ordeal, this Court could not simply grant the privilege of the writ of amparo without substantial basis,” the court ruling added.
In the same decision, the court also acknowledges that Dangla was forcibly disappeared, red-tagged, and that the state security forces have not observed extraordinary diligence required of them.
“For instance, the records do not show that the police investigators made an exhaustive search for other witnesses who may have been around the area when the abduction took place. Moreover, the reports made by the various units and officers noticeably failed to discuss and probe possible motives behind the abduction of petitioner and Tiong,” the ruling stated.
The CA also added that it is in an “awkward” situation wherein the very persons alleged to be involved in an enforced disappearance are, at the same time, the very ones tasked by law to investigate the matter. “It is really hard for the state security forces to exercise extraordinary diligence if the threats are coming from their own ranks,” Dangla added.
The non-exercise of due diligence by the police and military elements have been a notable pattern as exposed in a special report of Bulatlat. In fact, the unwillingness of the state actors to cooperate even in independent investigations constitute a major hindrance for the victims and survivors, families, and human rights organizations.
Braving the trauma
Dangla said that the whole process of seeking justice and accountability is traumatic. “You have to recall your experiences again. I could not say it publicly but some of the witnesses [from the state] are familiar — some of their faces have resemblance. It is traumatic but I know we need to assert our rights.”
However, the support of people’s organizations from various sectors, inside and outside the courtroom, became the source of his strength to continue the fight. He continuously organizes communities for Bagong Alyansang Makabayan (Bayan) – Central Luzon. He was also the spokesperson of People Surge, an alliance of disaster survivors.
“It’s still ongoing—we’re still adjusting to a new situation. It’s not easy to move around freely, but what really boosts our courage is the massive mobilization of the people, especially the surge of anti-corruption protests,” said Dangla. “We saw the people’s own initiative to take action, and that’s what strengthens our resolve.”
While Dangla persists in organizing work, particularly in exhausting government accountabilities during the widespread disasters and multi-billion peso corruption scandal, he could not go back to Pangasinan yet due to the safety and security threats.
“Now that the petition’s been denied, will those mentioned in it file charges against me? If not legal cases or judicial harassment, what else could they do? We remain vigilant. But I don’t think that will stop us from continuing the fight,” said Dangla.
He also recalled that when the court denied the writ of amparo of Zara Alvarez, a Negros-based human rights worker of Karapatan, she was assassinated on August 17, 2020, at the height of pandemic. While there are successful cases of granting petitions for writs, the victims continue to be disappeared, such as the case of Gene Roz “Jamil” Bazoo De Jesus, Dexter Capuyan, Felix Salaveria, Jr., Ma. Elena “Cha” Pampoza, and Elgene “Leleng” Mungcal.
“The writ of amparo must be reviewed. There are petitions of writ of amparo granted, which is positive, but at the same time, it feels like constrained on paper. The enforced disappearances continue. Many victims have still not surfaced,” Dangla added.
Declaration of defiance
Karapatan – Central Luzon underscored that the filing of motion for reconsideration is more than a legal step, but a declaration of defiance and continuation of struggle for truth and accountability — “an unyielding assertion that the disappeared will not be silenced and the truth will not be buried.”
“It is an established fact: Francisco “Eco” Dangla III was abducted. The Court of Appeals itself confirmed this truth. Yet in the same breath, it refused to hold the perpetrators accountable,” Karapatan – Central Luzon said in a statement. “To admit the crime but shield the culprits is to side with the oppressor. This is not justice—it is the normalization of impunity.”
The group also emphasized Dangla’s work as an environmental and human rights activist. He stood with communities resisting black sand mining in Lingayen Gulf, coal and waste-to-energy projects, and nuclear plans in Labrador as convener of the Pangasinan People’s Strike for the Environment (PPSE). Dangla also organized farmers, fisherfolk, and church people across 15 towns and 55 parishes through PEACEnet.
“The campaign of vilification that preceded his abduction was state-orchestrated, laying the groundwork for his abduction. The government that brands defenders as “terrorists” is the same government that abducts them,” Karapatan – Central Luzon added.
For more than a decade, the Philippines has consistently ranked as the worst place in Asia for land and environmental defenders since 2012. This year, the Philippines had the highest number of murder and long-term disappearances in Asia.
“The burden has always been heavy for us, victims. It has been a modus operandi of the government: abduct activists, force us to surrender as rebels, and work for the government to hunt more human rights defenders, and act as their mouthpieces,” said Dangla. “However, they did not succeed. We will continue to fight and expose their scheme.” (RVO)
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