MANILA, Philippines — Alliance of Concerned Teachers party-list Rep. France Castro, former Bayan Muna representative Satur Ocampo and 11 others are facing six years in prison after a Davao court found them guilty of endangering indigenous Lumad children in 2018.
Acting Presiding Judge Jimmy Bustillo Boco of the Tagum City Regional Trial Court Branch 2 found them guilty of violating Section 10(a) of the Special Protection of Children Against Abuse, Exploitation and Discrimination Act in 2018 when they supposedly rescued 14 Lumad students from paramilitary forces.
“The acts of the accused not only exposed the children to harm or risk but also placed them to the potential endangerment of their safety and well-being. Due to the acts of the accused, the children experienced unnecessary risks and suffered from unsecured conditions,” the court said in a 25-page decision dated July 3.
The court sentenced them to six years in prison and imposed P20,000 in moral and civil damages for each of the 14 victims.
In November 2018, police charged Castro and the others with kidnapping, human trafficking and child abuse for transporting 14 Lumad children from their school in Talaingod, Davao del Norte amid the reported militarization of the school and aerial bombings.
Castro had said that prosecutors dropped the kidnapping and human trafficking charges and proceeded with the child abuse charge.
The defendants claimed that a national solidarity mission was being conducted to assist Lumad schools and teachers after paramilitary group Alamara padlocked the Salugpungan Ta Tanu Ingkanogan Community Learning Center Inc.
The court noted that students walked for three hours on a remote, dark and unsecured road, wherein they could have died in an accident or shot during an encounter between the military and the New People’s Army.
The court also found conspiracy among the defendants as the solidarity mission had been planned in advance.
“The justification for the supposed presence of conspiracy has no basis. Our mere presence on the highway where we met the teachers and the children is insufficient to establish conspiracy,” Castro and Ocampo said yesterday in a statement.
Aside from Castro and Ocampo, the court convicted Maria Eugenia Victoria Nolasco, Jesus Madamo, Meriro Poquita, Maricel Andagkit, Marianne Aga, Marcial Rendon, Jenevive Paraba, Nerhaya Talledo, Ma. Concepcion Ibarra, Nerfa Awing and Wingwing Daunsay.
Four priests of the United Church of the Philippines in Davao were acquitted: Jurie Jaime, Ryan Magpayo, Eller Ordeniza and Edgar Ugal.
“We are pleased that the pastors were proven not guilty, but we are also dismayed that the rest of the accused were convicted,” said UCCP bishop Dan Palicte.
Justice Secretary Jesus Crispin Remulla yesterday urged parties to “respect the court’s decision and the due process that has been followed.”
‘Wrongful conviction’
Castro and Ocampo said their conviction was wrongful, unacceptable and unjust.
“This wrongful conviction speaks of the continuing persecution of those who are helping and advocating for the rights of Lumad children and the persistent attacks on Lumad schools and communities,” they said.
“Persons responsible for the forcible closure of the schools as well as the threats and harassment have never been investigated,” they added.
They called for former president Rodrigo Duterte and the National Task Force to End Local Communist Armed Conflict to be brought to justice for having “ordered and orchestrated the attacks against the Lumad schools.”
Castro and Ocampo gave assurance that they would not go into hiding after their conviction.
Gabriela party-list Rep. Arlene Brosas condemned the court ruling.
The Alliance of Concerned Teachers also denounced the court’s decision, saying the charges were fabricated.
Rights group Karapatan said the verdict shows “that even courts of law are increasingly being weaponized against human rights defenders.”
Meanwhile, National Security Adviser Eduardo Año welcomed the court’s decision, saying that it dispels any notion that there was a “rescue mission.” — Diana Lhyd Suelto, Delon Porcalla, Neil Jayson Servallos, Mark Ernest Villeza, Pia Lee-Brago