Despite a writ of amparo and a temporary protection order (TPO) by the Supreme Court, a Bulacan court has ordered the arrest of environmental activists Jhed Tamano and Jonila Castro for grave oral defamation.

The two warrants were issued by Doña Remedios Trinidad Municipal Trial Court (MTC) Judge Jonna Soraelo Verdiano last February 2, although it was only publicized last February 20. Castro and Tamano posted bail of P18,000 each last February 23, and will be read their formal charges on March 15.

While the TPO would normally prevent members of the military and police from approaching the two activists, it does not protect them against an arrest warrant. 

Castro and Tamano previously alleged in a press conference on September 19, 2023 that they were abducted by members of the 70th Infantry Battalion (IB) and were forcibly branded as “surrenderees.” That press briefing prompted the Department of Justice (DOJ) to indict Castro and Tamano last December 12, 2023.

“Ang tanging kriminal dito ay ang mga mandurukot at sinungaling na AFP at NTF-ELCAC, maging ang mga ahensya ng gubyerno na nakikipagkuntsabahan dito. Ang krimen dito ay ang panunupil at paggamit sa mga posisyon para manlamang sa mamamayang dapat na pinagsisilbihan nito,” Tamano and Castro said in their joint statement.

Initially, perjury charges were filed by the 70th IB commander Lt. Col. Ronnel B. dela Cruz as the two activists countered an already signed affidavit of their surrender through the gutsy press conference. However, the DOJ dropped the charge in favor of a “grave oral defamation” case, for “[employing] machinations and [taking] advantage of the benevolence of the 70th [IB] and the Armed Forces of the Philippines to embarrass and put them in bad light.”

Because of the warrants, the Office of the Solicitor General told the Supreme Court that the protective writs given to Tamano and Castro were invalid since their arrest was ordered last February 2 or before the publication of the protection orders.

However, even if the protection orders were only publicized last February 15, they were already given to the environmentalists when the high court promulgated the order on October 24, 2023.

While the courts have been swift in handing out the arrest warrants only four days after the indictment filed by the DOJ and the AFP, the same cannot be said for the petitions filed by the environmental activists themselves.

The 70th IB was a no-show at the pre-trial at the Court of Appeals last February 22, instead filing a two-day motion for extension. This trial was for the protection orders issued by the Supreme Court to Castro and Tamano.

Then after the pre-trial date was postponed to February 26, a change in the people handling the case inside the court means that the pre-trial will have to be delayed once again.

“Ganito kadeterminado ang mga pwersa katulad ng NTF-ELCAC at AFP upang pagtakpan ang kanilang mga sarili bilang nasa likod ng pagdukot sa dalawang aktibista. Hayok na hayok silang manakot, mandukot, at pumatay, ngunit takot na masakdal sa katotohanan,” the group Hands off Jhed and Jonila Network said.