File photo of Lumads protesting alleged military attacks on “indigenous schools, communities and people” taken on 21 September 2017 in Davao City. MindaNews file photo by ANTONIO L. COLINA IV
DAVAO CITY (MindaNews / 25 June) – The Regional Trial Court (RTC) Branch 2 in Tagum City has dismissed the two human trafficking charges against Datu Benito Bay-ao, a respected leader and staunch advocate of indigenous peoples’ rights.
He was accused of exploiting students to join the activities of New People’s Army (NPA) at a “bakwit” school for displaced Lumad children in Cebu in 2019.
In a decision dated June 20 but released to media on Monday, June 25, RTC Branch 2 Acting Presiding Judge Jimmy Boco granted the demurrer to evidence filed by Bay-ao’s counsels, Union of Peoples’ Lawyers in Mindanao (UPLM) attorneys Arvin Dexter Lopoz and Jilianne Paula Ampog, after the prosecution failed to establish sufficient evidence against him.
The trial court immediately ordered the jail warden of Davao del Norte Provincial Center to release Bay-ao from detention.
Bay-ao’s co-accused, Chad Errol R. Booc and Gelejurain Nguho II, volunteer teachers of a Lumad school, were among five persons killed during an alleged encounter with the military’s 10th Infantry Division in Barangay Andap, New Bataan, Davao de Oro on February 24, 2022.
“The prosecution failed to prove that the purpose of accused Bay-ao in accompanying the children in Cebu was for the exploitative purpose for them to join and engage in armed activities of the New People’s Army,” the decision said.
It stated that the “circumstantial evidence has not been adequately established, much less corroborated, (and) cannot be the basis of conviction.”
In a press statement, the UPLM said that the dropping of charges affirmed the lack of substantive evidence against Bay-ao.
“What was proven in court instead was that Datu Bay-ao, in fact, acted as a guardian of the Lumad students and took care of their well-being while in Cebu City,” the statement said.
Lopoz said that he is pleased that justice prevailed as the dismissal of the charges is a “testament to Datu Bay-ao’s innocence.”
“UPLM remains committed to defending the rights of the marginalized and oppressed. This victory is not just for Datu Bay-ao, but for all those who strive for justice against wrongful accusations and systemic injustice,” it said.
The group vowed to continue “to stand firm in its mission to provide legal assistance and champion the cause of those who face oppression and unjust treatment.”
“This dismissal serves as a reminder of the power of collective efforts in the pursuit of justice,” the group said.
Rights-based advocates lauded the dismissal of the charges against Bay-ao.
Dr. Jean Lindo, chair of Gabriela Southern Mindanao, said she was elated that the trial court set “an innocent person free,” but added that she was bothered by his accusers “as they knew he committed no crime.”
She said the charges were meant to harass him.
“Still these kinds of cases against the marginalized sectors reflect authoritarianism,” Lindo said.
Lindo said that Bay-ao represents a sector “traditionally excluded by the society.”
“A government that is serious about human rights for all should protect and promote the rights of the indigenous people. He has committed no crime. In fact, he is a defender of his community. I have nothing but praises for the lawyers who defended Datu Benito,” she said.
She said the filing of cases against Bay-ao was intended to harass the defenders of Lumad rights.
“This is clearly harassment. This is designed to suppress protest and social change. This is a clear case of SLAPP (strategic lawsuit against public participation). We should push for laws to stop SLAPP (suit),” she said. (Antonio L. Colina IV / MindaNews)