By ANTONIO L. COLINA IV and IVY C. TEJANO
DAVAO CITY – ACT-Teachers party-list Rep. France Castro, former Bayan Muna Rep. Satur Ocampo, and 11 others were convicted for child abuse by a Tagum City court for exploiting 14 Lumad students of the Salugpongan Ta Tanu Ingkanogan Community Learning Center Inc. in Talaingod, Davao del Norte.
In a 26-page decision, Judge Jimmy Boco of the Tagum City Regional Trial Court Branch 2 found them guilty of violating Section 10(a), Article VI of Republic Act 7610, the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act.
Also convicted were co-accused Maria Eugenia Victoria Nolasco, Jesus Madamo, Meriro Poquita, Maricel Andagkit, Marcial Rendon, Marianie Aga, Jenevive Paraba, Nerhaya Talledo, Maria Concepcion Ibarra, Nerfa Awing, and Wingwing Daunsay.
They were sentenced to a prison term of four years, nine months, and 11 days as minimum to six years, eight months, and one day as maximum.
The court also ordered the payment of P10,000 as civil indemnity and additional P10,000 as moral damages to each of the minor victims.
Pastor Edgal Ugal, Rev. Ryan C. Magpayo, Eller A. Ordeniza, and Rev. Jurie Jaime were acquitted as the prosecution failed to establish their guilt.
The accused were among the human rights defenders collectively known as the “Talaingod 18” who initiated a national solidarity and fact-finding mission on November 28, 2018 in Talaingod, Davao del Norte.
Ocampo and Castro said in a joint statement said the decision of the court wrongfully convicting them, the eight teachers of the Salugpongan Ta ‘Tanu Igkanogon Community Learning Center and the Community Technical College of Southeastern Mindanao, and two from the Alliance of Concerned Teachers, “is 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.
According to Ocampo and Castro, the decision ignored the testimonies regarding the continued harassment of the Lumad schools by military and paramilitary forces and the danger that the students faced.
“Even the prosecution’s witnesses testified that it was out of fear that the teachers left the community for a safer area. The justification for the supposed presence of conspiracy has no basis,” they said.
They said their mere presence on the highway where they met the teachers and the children was insufficient to establish a conspiracy, emphasizing that the persons who are responsible for the forcible closure of schools, threats, and harassment have never been investigated.
Ocampo and Castro said that what happened was an apparent miscarriage of justice and that they would strongly question the court's decision in all venues possible. They added that they would remain steadfast in supporting indigenous schools and communities.
The Kabataan para sa Tribung Pilipino (Katribu) Youth, in a Facebook post, condemned the decision.
“Katribu strongly condemns the court decision, as not only does it wrongly condemn these individuals, but it also proves the fascist methods of the State to silence advocates and human rights defenders through military violence and intimidation,” the group said.
It added that Ocampo, Castro, and the other accused individuals were providing assistance to an affected Lumad community, which had been subject to alleged militarization, human rights violations, and displacement.
Human rights organizations gathered on Monday, July 15, in front of the Commission on Human Rights (CHR) here to oppose the decision.
Dr. Jean Lindo, chairperson of Gabriela-Southern Mindanao, said their conviction was “grossly unjust.”
“As IP defender, the ‘Talaingod 18’ use human rights principles in defending the IPs. The IP involved needed security by providing a sanctuary. It was obvious that there were shortfalls in the enjoyment of rights of the IPs, namely, the right to self-determination, development, education, security, and other rights,” she said.
Lindo said she believed that there are “elements in the government that want to maintain the IPs in a disempowering situation.”
She said the advocates gave “their best to perform their ethical duties where the state agents have failed” and believed that charges were merely strategic lawsuit against public participation (SLAPP).
A SLAPP is an action brought against any person “with the intent to harass, vex, exert undue pressure, or stifle any legal recourse.”
Lindo added that the absence of anti-SLAPP law and Human Rights Defenders Law makes it extremely difficult for rights-based advocates to access justice.
She questioned how they were convicted of child abuse “when the intent was to protect and secure the threatened IPs as well as continue their education activities because the state agents already closed down the schools and killed the school authorities, IP leaders, and members.”
“Why cannot the government catch a religious leader who had proven criminal offenses including human trafficking in another country?” Lindo said, referring to the fugitive Pastor Apollo C. Quiboloy who is facing child abuse and qualified human trafficking charges along five individuals.
She vowed that they will continue seeking justice for the human rights defenders.
“We will support all efforts to appeal the case. We will expose this to the international community. I know that the State agents will continue the effort to weaken those individuals and make them betray each other in the prison but the human rights movement shall remain steadfast.”