DAVAO CITY, Philippines – A peace consultant to the National Democratic Front (NDF) Southern Mindanao was cleared from criminal charges by a court in Tagum, as the Communist Party of the Philippines (CPP) demanded his immediate release along with other consultants in the country.
The Regional Trial Court Branch 31 in Tagum quashed the charges of robbery with violence and serious illegal detention filed against Porferio Tuna Jr.
Tuna, 60, also known as Ka Simon Santiago, was arrested on October 2, 2024 by intelligence operatives under the 10th Infantry Division in Mankilam, Tagum. The NDF said Tuna was recuperating from medical treatment during the time of his arrest.
The quashing of criminal charges against Tuna was a “landmark” decision, according to the Union of Peoples’ Lawyers in Mindanao (UPLM).
In its ruling, Judge Arlene Lirag-Palabrica applied the Hernandez Doctrine, a long-standing Supreme Court ruling that bars the separate prosecution of common crimes filed against persons in the act of rebellion or political uprising.
The court noted the admission of Tuna and his co-accused that they are members of the New People’s Army (NPA), thereby recognizing that related acts are considered “continuing offenses” under certain circumstances, thereby justifying the court’s dismissal of the separate criminal charges against Tuna.
While Judge Lirag-Palabrica ordered the release of Tuna, he remains detained as he faces another rebellion case pending at RTC Branch 57 in Mabini, Davao de Oro.
The CPP in a statement, said Tuna’s continued detention, along with 14 other peace consultants and staff, undermines the peace negotiations initially started with the Marcos Jr. administration in November 2023.
CPP spokesperson Marco Valbuena in a statement criticized the government for its “malicious tactic of filing trumped-up charges to indefinitely detain and silence NDFP peace consultants.”
Since signing the Oslo Joint Statement on November 23, 2023, with the NDFP, Marcos and his representatives, along with military officers have thrown numerous obstacles to prevent the progress of formal peace negotiations,” Balbuena added.
The communist group said Tuna and peace consultants are covered by the Joint Agreement on Safety and Immunity Guarantees (JASIG) which protects them from arrests and harassment.
Tuna was a peace consultant in the peace talks in 2016 in Norway. The NDF said Tuna briefed the panel on the situation of farmers, agri-workers and Lumad in Southern Mindanao as they were crafting the agreement on comprehensive socio-economic reforms.
Peace talks between the government and the NDF were scuttled in 2017, and later former President Duterte launched the whole-of-nation approach that led to the arrests and murders of peace consultants.
Valbuena called on peace advocates and human rights organizations to support efforts for the release of Tuna and other political prisoners.
“We also join the Filipino people in demanding the release of nearly 700 political prisoners across the country,” Valbuena said. (davaotoday.com)
