Leaders, members of cause-oriented groups hit trumped-up charges

MANILA, Philippines — Leaders and members of various cause-oriented groups accused the government of fabricating cases against them.

Rosario Brenda Gonzalez, convenor of the Assert Socio-Economic Initiatives Network (ASCENT); Nathaniel Santiago, Bayan Muna Secretary General; Anakpawis Campaign Director Servillano Luna Jr.; and Anasusa San Gabriel, a volunteer lay worker from Bulacan Ecumenical Forum are all facing murder and attempted murder charges and violating the Anti-Terrorism Act (ATA).

Gonzalez, in her counter-affidavit, said that the evidence presented against them consists of unauthenticated and self-serving photos.

“However, mere photos, even if assumed to have existed, are insufficient to support a finding of probable cause of a commission of a crime, moreso when the same are unauthenticated and not premised on any actual overt act of commission of a crime that had been witnessed by the complainants and or their witnesses. Simply put, complainants’ so-called evidence are irrelevant, self- serving, unauthenticated, malicious and have no probative value,” Gonzales’ counter affidavit filed before the Office of the Provincial Prosecutor of Nueva Ecija on May 3 read.

Meanwhile, Santiago, in a separate counter affidavit,  branded as a lie allegations that he was part of the armed encounter between the Armed Forces of the Philippines (AFP) and New People’s Army (NPA) last October 8, 2023, in Barangay San Fernando, Laur, Nueva Ecija.

“Kasinungalingan ang gawa-gawang istorya na palabasin na ako ay naroon, kasama o kabahagi sa iniulat na armadong engkwentro sa pagitan ng AFP at NPA,” his counter affidavit read.

(The fabricated story claiming that I was there, involved, or part of the reported armed encounter between the AFP and NPA is a lie.)

“Wala akong kinalaman, at wala akong alam sa sinasabi nilang Kilusang Larangan Guerilla Sierra Madre (KLG-SM),” Santiago added.

(I have no involvement and no knowledge about the so-called Sierra Madre Guerrilla Field Movement.)

He also mentioned his activities in Metro Manila at the time of the clash in Nueva Ecija.

He said he was at the Bayan Muna Office in Quezon City on the morning of October 7 to 8 where other people had seen him.

At 2 p.m. on October 7, Santiago said he had a meeting with Rep. France Castro, Raoul Manuel, and Arlene Brosas together with former Congressman Antonio Tinio and their legislative staff to discuss the budget deliberations of the House of Representatives.

The purported ATA violation charge stems from their alleged participation in an armed encounter between the NPA and the 84th Infantry Battalion of the Philippine Army in Barangay San Fernando, Laur, Nueva Ecija on October 8, 2023.

Government troops claimed that they were able to see and identify the faces of these accused through photographs shown to them prior to the encounter.

Moreover, the identities of the individuals were said to have been confirmed by “rebel returnees.”

Gonzales noted in her affidavit that initial photographic identification carries “serious constitutional law implications” when it comes to possible violations of the due process rights of the accused.

This, she said, may deny the accused rights to a fair trial.

“How can there be a reasonable certainty of conviction when  complainants themselves not only failed to identify me and my co-respondents during the alleged encounter but that, moreover as shown above, their accounts are out of this world “backed up” only by evidence that consist of unauthenticated and self-serving photos and items allegedly recovered after the encounter?” she pointed out.