HOTSPOT

Baby River Nasino would have turned three on  July 1 this year. But sadly, she only lived a little over three months. Who could forget Baby River’s funeral? The police dispatched dozens of close-in uniformed escorts to guard Reina Mae Nasino who was made to wear a full-body PPE. They did not allow her to hug Baby River one last time. The whole spectacle was beamed nationwide and worldwide. Reina Mae could now freely visit Baby River’s tomb as often as she wants, without dozens of police escorts in full battle gear. The court this week acquitted her of all charges leveled against her. Also acquitted were fellow activists Alma Moran and Ram Carlo Bautista. The charges leveled against them were absolutely serious: Possession of MK2 fragmentation hand grenade, a .45 caliber pistol with eight pieces of live ammunition, one M16 rifle with 23 pieces of live ammunition, an extra magazine with 22 pieces of live ammunition, one .45 Colt with eight pieces of live ammunition. The 16-page resolution of the Regional Trial Court, Branch 47, Manila signed by Judge John Benedict D. Medina said, "the prosecution heavily relied on the photographs..." But aside from the failure to produce the actual evidence, the judge noted that “the testimonies of the prosecution witnesses muddled the prosecution evidence with their inconsistencies...” According to Judge Medina, “the inconsistencies on the material details of their discovery are so striking that this Court ought not to have ignored or brushed aside. They are contradictions that not only undermine all efforts of the prosecution to reconstruct the event at hand, but altogether erode the evidentiary value of the prosecution evidence. One testified that the two searches were done at the second floor, while the others maintained at the third.” As to the testimonies, Judge Medina explained: “The incoherent story presented by the prosecution hardly persuaded the court that PCpl [Mark Laurence] Legaspi, who did not testify, indeed found the firearms, ammunition and explosives with certainty from the possession of the accused. In fact, the prosecution witnesses even failed to identify in open court the firearms marked by PCpl Legaspi... Serious doubts are raised on the face of the contradicting testimonies...” Thus the judge declared: “The Court finds that the unmistakable conflicting testimonies of the prosecution witnesses generate serious doubt as to whether the firearms with ammunitions and explosives were really found in the rooms of the accused as they were not identified with sufficient particularity. The Constitutional presumption of innocence of the accused has not been demolished for failure of the prosecution in proving their guilt of illegal possession of firearms, ammunitions and explosives, beyond reasonable doubt.” It is thus no surprise that Judge Medina found Nasino, Moran and Bautista not guilty of the charges, and acquitted them forthwith. The court’s resolution would alternately make you angry, shocked, sad and happy. I strongly suggest that you read it, so that we could prevent it from happening again to others and to ourselves. Nobody should experience what Nasino, Moran and Bautista experienced. But perhaps winning the case was not the objective here. Other judges would most probably arrive at the same conclusions and resolution as Judge Medina did. Perhaps the objective was to sideline, detain, villify, criminalize and dehumanize the activists. A mother was denied access to her sick baby daughter and even to properly mourn her death. Three activists were effectively prevented from practicing their activism, with the media coverage and government statements painting them as dangerous criminals. We join Nasino, Moran and Bautista in celebrating their newfound freedom. We do not know if they will go to court and ask for damages. Hopefully though, we would stand up and say “never again” to wrongful prosecution and dehumanization of activists. That could be our perpetual gift and memorial to Baby River.