DAVAO CITY, Philippines – Seven years in detention, youth leader Myles Albasin and five others were set free on Monday September 23 after the court in Negros Oriental dismissed the charges against them of illegal possession of firearms and explosives.
The Regional Trial Court Branch 42 of Dumaguete said the prosecution’s case had “numerous loopholes” and lack of witnesses to back their claim that the six engaged soldiers in a gunbattle.
Their acquittal was hailed by youth activists, human rights advocates and journalists as a victory against the practice of trumped-up charges filed against activists and journalists.
A video showing the aftermath of the court verdict showed Myles in tears as she was embraced by her parents, journalist Grace Albasin and Lloyd.
Her mother Grace transferred residence to Dumaguete in the past years to keep in touch with her daughter while the case dragged on.
Myles, who hails from Cagayan de Oro, is a mass communication graduate of University of the Philippines Cebu and a student activist.
She was arrested in March 2018 in Mabinay, Negros Oriental, when soldiers chanced on her and five others and arrested them, claiming they were the group that engaged them earlier in a gunfight.
Albasin said she was doing research work for the alternative media group Aninaw Productions looking at the state of farmers in Negros Oriental.
Also arrested were young farmer organizers Joemar Indico, Joey Vailoces Bernard Guillen, Randel Hermino and Carlo Ybañes, an urban poor youth from Cebu. Together they were called the Mabinay 6.
Albasin was 23 years old during her arrest.
The trial for the Mabinay 6 was affected with the assassination of their first lawyer, Ben Ramos in November of that same year. The Covid pandemic further delayed the process.
In detention, Myles busied herself helping inmates in literacy and staging theatre productions. She also looked out for one of the Mabinay 6 who fell ill with a kidney problem.
Her lawyer from the National Union of Peoples’ Lawyers (NUPL) and La Viña Zarate & Associates see the acquittal as “a victory for the rule of justice.”
“We maintained from the beginning that the charges were baseless,” stated Atty. Karlos Zarate.
His co-counsel Atty. Jayvy Gamboa from NUPL Cebu said the decision “(proves) that an individual cannot be denied of their rights and freedom by suspicion, misplaced profiling, or by being present in a conflict zone”.
The court noted loopholes from the prosecution, which include inconsistent testimonies among the arresting police officers, gaps in the handling of evidence, lack of credible witnesses on the alleged encounter. It also noted that none of the Mabinay 6 tested positive for paraffin tests for gundpowder.
“We are deeply proud of Myles. She has demonstrated extraordinary strength and resilience throughout this ordeal. The several years of prolonged legal battles and unjust incarceration have been immensely difficult, causing trauma and anxiety for her and her family. The road to healing will surely take time,” Atty. Zarate added.
The acquittal clears the path for Albasin and her companions to live freely after seven years. Albasin has considered studying law during her detention, and is now reportedly offered work as a paralegal.(davaotoday.com)
