TAGUM CITY, Philippines – A Tagum City court ruled that a legislator, a veteran activist, ten Lumad school teachers, and four others were guilty of violating Republic Act 7610 or child abuse and exploitation over an incident during a rescue mission of Lumad students and teachers who were harassed in Talaingod, Davao del Norte.
Judge Jimmy Boco of Tagum City Regional Trial Court 2 convicted ACT Teachers Party-list Representative France Castro, former Bayan Muna representative Satur Ocampo, Salugpongan Learning Center administrator Eugenia Victoria Nolasco, as well as Lumad schoolteachers Jesus Madamo, Meriro Poquita, Maricel Andagkit, Marcial Rendon, Marianie Aga, Jenevive Paraba, Nerhaya Tallada, Ma. Concepcion Ibarra, Nerfa Awing, and Wingwing Daunsay.
Three pastors from the United Church of Christ in the Philippines (UCCP) and one United Methodist Church pastor who accompanied the group were acquitted from the charges for reportedly performing their duties as religious.
In his 26-page decision, Judge Boco stated that those convicted exposed 14 Lumad children to “potential endangerment” by letting them walk for three hours instead of finding motorcycles for them to ride on.
This incident happened when a solidarity mission to provide assistance and probe on the attacks on Lumad schools on November 28, 2018, led by Ocampo and Castro turned into a rescue of Lumad students and teachers who were forced to leave their school premises in Sitio Dulyan, Barangay Palma Gil, Talaingod at night after experiencing harassment from the paramilitary.
Eighteen people joining that mission were charged with the violation of child abuse, they are collectively called “Talaingod 18” by support groups that gathered sympathy from Lumad advocates worldwide.
Judgment day
The decision was handed on Monday morning, July 15 in the presence of teachers and their lawyers, while support groups including UCCP and the Sisters Association of Mindanao (SAMIN) waited outside after offering a “solidarity prayer for justice.”
It took a few minutes for the judge to issue his verdict, which stunned the respondents and support group. The teachers left the court in tears.
Their legal counsels from the Union of Peoples’ Lawyers in Mindanao and the National Union of Peoples Lawyers said they would “definitely exhaust all remedies” to appeal to a higher court on the revision of the judge’s decision.
All respondents who were convicted are still granted their temporary liberty due to their bail bonds, one of their lawyers said.
UPLM paralegals also said that contrary to social media posts, the group was not charged with trafficking and kidnapping, as these were already dismissed by the Office of the Prosecutor before the filing of the case.
Judge Boco handed the defendants a prison sentence of four years and nine months minimum to a maximum of six years and eight months.
“Wrongful conviction”
Fighting tears, one of the teachers told Davao Today that despite the decision she believed that “justice will prevail in their case.”
“Kami nagpasalamat mi kay taliwala sa desisyon sa korte mafeel ug makita namo ang kainit sa inyong suporta sa amoa. Makapasalig gyud kami nga magpadayon mi tungod naa mo, (We are thankful despite of the decision from the court, we feel and we see the warm support given to us. We assure that we will carry on with your support)” the teacher said.
In Manila, Ocampo and Castro spoke to the press after the decision was announced. In their statement, they called this a “wrongful conviction”.
“(This) 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,” their statement said.
“The persons who are actually responsible for the forcible closure of the schools as well as the threats and harassment have never been investigated. This is a clear miscarriage of justice, and we will strongly question this decision in all venues possible,” they added.
Ocampo said they will not go into hiding if the courts will rule their detention. His statement seems to be a slight to Davao’s fugitive televangelist Apollo Quiboloy who has remained in hiding from authorities this year to evade arrest and trial for trafficking, child, and sexual abuse.
UCCP Bishop Daniel Palicte said they have mixed feelings as their pastors were acquitted but the rest of the accused were convicted.
Acquitted are Pastor Edgar Ugal, Reverends Ryan Magpayo, Jurie Jaime, and Eller Ordeza.
“Six years after the Talaingod solidarity mission, which was turned into a rescue mission after the students and teachers of Salugpongan evacuated because of harassment of the paramilitary groups, today July 15, 2024, the court released its verdict for the acquittal of four pastors but felt dismayed since the rest of the accused are still convicted,” he stated.
The court’s version
The police and army presented their case that they intercepted the mission convoy traveling from Talaingod to Davao de Oro and the defendants did not produce documents that they were authorized to transport the minors.
The court acknowledged that while there was indeed a threat to the community, only the teachers were asked to leave as the school was closed.
“The acts of the accused not only exposed the children [to] harm or risk, but also placed them to the potential endangerment of their safety and well-being. Due to the acts of the accused, the children experience unnecessary risks and suffered from unsecured conditions,” said the court.
Defendants’ story
Salugpongan Director Nolasco, one of the defendants, said in her statement in court that the decision of the teachers to leave with the children was because of the presence of armed men in the community, and the closure of their school in Dulyan, which was “a threat to the safety and well-being of the students.”
In a 2018 interview, Nolasco said they coordinated with support groups and Makabayan for a solidarity mission to deliver school and food supplies and to look into the cases of harassment.
The defendants also said that contrary to the prosecution’s claims, the mission coordinated with local government units, but no officials were present to acknowledge them.
The mission encountered being thrown a rock on one of their vehicles cracking its windshield, two tires punctured by metal spikes, and a roadblock.
READ: On the road to Talaingod
Statements
Support groups have issued statements questioning the conviction of Castro, Ocampo, and the Lumad school teachers.
ASEAN Parliamentarians for Human Rights Chair Mercy Ch. Barends from Indonesia released a statement calling the decision was made “on flimsy grounds.”
“We are appalled that the court has decided to convict Rep. France Castro and 12 others of the ‘Talaingod 18’ on charges of child abuse, merely for attempting to rescue schoolchildren from a dangerous situation. It is an absurd decision that has no basis in reality. The Talaingod 18 should be commended for their bravery, not punished for it,” she said.
The Lumad Sabokahan Youth Group vice chair Kat Dalon, who is a Lumad student, said: “Hindi naman pupunta sina Teacher France Castro at sina Satur Ocampo, kasama ang iba pang mga guro sa Talaingod, kung maayos ang mga komunidad namin, kung walang militarisasyon, hindi pinapatay ang mga guro, (Castro, Ocampo, together with the teachers in Talaingod, would not have went there if our communities are peaceful, if there was no militarization, if the teachers were not being shot)”
Struggle of Lumad schools
The court battle is part of the long struggle of the Lumad especially in Talaingod to protect their community schools established with NGOs, but were shut down during the Duterte administration.
The military has alleged the schools were funded by rebels, despite documents provided by Salugpongan and other similar groups that show the schools were granted permits and followed the curriculum under DepEd.
Former President Rodrigo Duterte, who once defended the Talaingod Manobos from militarization, issued a threat after his 2017 SONA that he would bomb Lumad schools.
The militarization in Lumad areas forced the Lumad students to seek support from leaders in Manila. There, they were adopted into Bakwit Schools by Catholic schools and UP to continue the schooling of the Lumad students.
In 2019, DepEd Region 11 ordered with finality the closure of 54 Salugpongan schools in the Davao Region.
A Bakwit School in Cebu was raided in 2021 as authorities claimed it was a training ground for rebels, but the case was dismissed recently by the same Judge Boco, granting liberty for Talaingod Datu Benito Bay-ao.
READ: Court clears Talaingod chieftain from Cebu Bakwit School case
Davao Today has covered the issue of Lumad schools through the years, read more here:
READ: A timeline of the birth and attacks on Salugpongan schools
READ: Mindanao Lumad struggle for empowerment through education
READ: Salugpongan asks DepEd: Where is Esperon report?
READ: Panubad-tubad: Spirits and Concepts in the Talaingod Manobo Struggle
lumad schools, Red-tagging, Salugpongan, tagum city, Talaingod 18
