Former Representative Satur Ocampo and ACT Teachers Party list Rep. France Castro —photo from the House of Representatives FB page
MANILA, Philippines — “A clear miscarriage of justice.”
This was how former Rep. Satur Ocampo and ACT Teachers Party list Rep. France Castro on Monday described the ruling of the Tagum City Regional Trial Court (RTC) convicting them of child abuse charges relating to the 2018 incident involving “lumad” (indigenous) students in Mindanao.
The case stemmed from an incident on Nov. 28, 2018, when the lumad school Salugpungan in Barangay Palma Gil, Talaingod town, was shut down by tribal leaders upon orders by the military and the teachers were asked to leave the area.
READ: Satur denies recruiting minors, confirms NPAs in lumad areas
At 6:30 p.m. that rainy day, the teachers left the area, bringing with them 14 lumad learners, and were fetched in a van by the group of Castro and Ocampo in another sitio after they walked in the dark for three hours.
Ocampo and Castro were part of the solidarity mission in Tagum City, where they received a distressed call from the teachers.
READ: Charges eyed vs DepEd chief over ‘lumad’ school closures
In a decision issued on July 3 but released to the media during the weekend, Judge Jimmy Boco, acting presiding judge of RTC Court Branch 2 in Tagum City, convicted Ocampo, Castro, and 11 others for violation of Republic Act No. 7610, which provides a stronger deterrence and special protection against child abuse.
The court acquitted the four accused pastors—Edgar Ugal, Rev. Ryan Magpayo, Eller Ordeniza and Rev. Jurie Jaime—after the prosecutor failed to prove their guilt beyond a reasonable doubt.
Aside from Ocampo and Castro, the court convicted Ma. Eugenia Victoria Nolasco, Jesus Madamo, Meriro Poquita, Ma. Concepcion Ibarra, Jenevive Paraba, Nerhaya Talledo, Maricel Andagkit, Marcial Rendon, Marianne Aga, Nerfa Awing and Wingwing Daunsay, and meted them with prison terms of four to six years. They were also directed to pay P10,000 civil indemnity and P10,000 moral damages to each of the 14 minors.
Another person involved in the case, Ariel Ansan, had turned state witness, altering his affidavit to claim that the national solidarity mission “exposed children to danger,” according to human rights group Karapatan.
Continuing persecution
In its decision, the court said the accused committed acts detrimental to the safety and well-being of the minor lumad learners “by keeping them in their company and transporting them on foot in the evening for three hours in a dark and unsecured road without assistance and presence of law enforcement, government agency or even a written consent of the minors’ parents, exposing the minors to hazard.”
Ocampo, Castro and the other activists and educators collectively called the “Talaingod 18” vowed to appeal their conviction and will initiate the appeal process at the RTC level and pursue it to the Supreme Court if necessary.
In a joint statement, Ocampo and Castro denounced the decision as “unacceptable and unjust,” arguing that the “wrongful conviction 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.”
Describing the decision as “absurd and unacceptable,” Castro said the fabricated charges, harassment, and persistent threats against the lumad people and those who stand in solidarity with them must end.
Castro’s colleagues in the Makabayan bloc, Gabriela women’s party Rep. Arlene Brosas and Kabataan party list Rep. Raoul Manuel, decried the decision as an injustice.
Brosas said the “Talaingod 18” were victims of state persecution for their humanitarian efforts to rescue lumad students and teachers from threats and harassment.
“Castro led the charge to hold accountable the Dutertes for the drug war, daughter Sara for her confidential funds racket, and (Apollo) Quiboloy for being an internationally wanted child sex trafficker,” Manuel pointed out, adding “this is sweet revenge for them [and] it would not be surprising if they had a hand in this. This is a political maneuver to preempt the 2025 bid of genuine opposition leaders with Castro at the helm.”
No immunity
Meanwhile, Duterte Youth party list Rep. Drixie Mae Cardema lauded the verdict, pointing out that the ACT Teachers Party list lawmaker was not immune from arrest or serving her sentence.
Cardema cited section 9 of the House rules which provides, “members shall be privileged from arrest for any or all offenses punishable by not more than six years of imprisonment while Congress is in session.”
However, she said Congress is not in session this month and will resume session on the day of the State of the Nation Address on July 22.
National Security Adviser Eduardo Año also said the conviction “sends a strong message that those who violate our laws will face justice.”
“It doesn’t matter if you are prominent in society, the law is the law and one has to be accountable for one’s actions,” he said in a statement.
For Executive Director Ernesto Torres Jr. of the National Task Force to End Local Communist Armed Conflict, “justice has been served [since] Satur and Castro were given their day in court… [and they] should accept the court’s decision because we are a nation of laws and not just of men.”
Among the groups that condemned the ruling was the Alliance of Concerned Teachers (ACT), which urged the higher courts to reconsider and overturn the ruling since the charges were only “fabricated” by the government.
“For doing their duties…, teachers and rights defenders were unjustly punished, while military and paramilitary forces who are the true perpetrators of violence and child rights abuses roam free,” ACT chair Vladimer Quetua said in a statement.
Cristina Palabay, secretary general of the human rights watchdog Karapatan, said the verdict “shows that even courts of law are increasingly being weaponized against human rights defenders.”
The national women’s alliance Gabriela called the decision “a blatant attack on human rights defenders” and “a continuation of the state’s persecution of progressive individuals and organizations.”
The court decision has also caught the attention of international groups, including the Asean Parliamentarians for Human Rights, whose chair Mercy Chriesty Barends said it has “no basis in reality.” —with reports from Dempsey Reyes and Francis Mangosing