DAVAO CITY (MindaNews / 15 July)—The Regional Trial Court-Branch 2 of Tagum City has convicted ACT Teachers Party-list Representative France Castro, former Bayan Muna president Saturnino Ocampo, and 11 others for child abuse for allegedly exploiting 14 Lumad students of the Salugpongan Ta Tanu Ingkanogan Community Learning Center, Inc.
Bayan Muna President Satur Ocampo (right) and ACT Teachers party-list Rep. France Castro are among 18 participants to a National Solidarity MIssion arrested in 2018 in Talaingod, Davao del Norte, for alleged trafficking of minor, child abuse, kidnapping and failure to return a minos. Photo courtesy of Breakaway Media
In a 26-page decision, the trial court, presided by Judge Jimmy B. Boco, sentenced the accused to suffer a jail term of four years, nine months, and 11 days as a minimum to six years, eight months, and one day as maximum.
Along with Ocampo and Castro, a judgement of conviction was rendered against their co-accused: Ma. Eugenia Victoria Nolasco, Jesus Madamo, Meriro Poquita, Maricel Andagkit, Marcial Rendon, Marianie Aga, Jenevive Paraba, Nerhaya Talledo, Ma. Concepcion Ibarra, Nerfa Awing, and Wingwing Daunsay.
The court found them guilty of violating Section 10(a), Article VI of Republic Act 7610, also known as “Special Protection of Children Against Abuse, Exploitation, and Discrimination Act.”
RTC-Branch 2, designated as the family court, ordered the accused to pay, jointly and severally, each of the minor victims P10,000 as civil indemnity and additional P10,000 as moral damages.
The court, meanwhile, acquitted Pastor Edgal Ugal, Rev. Ryan C. Magpayo, Eller A. Ordeniza, and Rev. Jurie Jaime for failure of the prosecution 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.
In a statement, Dr. Jean Lindo, chair of Gabriela Southern Mindanao, expressed her frustration over the conviction of indigenous peoples’ (IPs) rights, calling the judgment as “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 believed that there are “elements in the government that want to maintain the IPs in a disempowering situation.”
She said the advocates only did “their best to perform their ethical duties where the state agents have failed” and believed that the charges were merely strategic lawsuit against public participation or 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 with five other co-accused.
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,” Lindo said. (Antonio L. Colina IV / MindaNews)
