Farmers, students charged with assault, disobedience

Police yesterday charged wtith direct assault 36 farmers and three studentd who allegedly clashed with them to stop the fencing of the disputed Hacienda Gantuangco in Aloguinsan town, midwest Cebu.

Law enforcers took the handcuffed respondents to the Cebu Provincial Prosecutor’s Office for inquest proceedings yesterday afternoon.

Assisted by at least six lawyers, the respondents opted not to sign a waiver of detention which would have given them a chance to submit counter-affidavits to refute the allegations.

This prompted Assistant Provincal Prosecutor Petronio Elesterio to elevate the charges against the respondents to the court.

In an interview, lawyer Alfonso Cinco said they will question the validity of the warrantless arrest made by the police against the respondents.

A writ of amparo will be lodged before the Regional Trial Court in Toledo City today.

“We believe the arrest is illegal. Their (respondents) ongoing detention continues the threats on their life and liberty,” Cinco told reporters.

A writ of amparo is a court order aimed at protecting the constitutional rights of a person especially victims of extrajudicial killings.

Lawyer Ian Manticajon said they decided not to file a writ of habeas corpus since the respondents will  post bail to secure temporary liberty pending the court’s verdict on the charges.

Bail was recommended at P12,000 for the adult respondents who were charged with direct assault.

The three girls may secure temporary liberty  if they post bail of P6,000.

The handling prosecutor also recommended bail of P2,000 for the respondents who are facing “resistance and disobedience of persons in authority.”

The minors can post bail of P1,000 for the offense.

A commotion erupted between the police and the respondents before the proceedings started.

The respondents said law enforcers didn’t allow them to go to the comfort room.

Respondent Jevelyn Engarcial, 19,  had to be brought to the hospital after she complained of stomach pains when the police purportedly prohibited her from urinating.

She went hysterical while she was brought out of the Palace of Justice.

Engarcial said she underwent an appendectomy  operation last year.

She showed reporters a wound on her stomach.

“These are not ordinary criminals. Here comes the police who refused to take off their handcuffs. Why are there rich detainees treated otherwise?,” said Cinco.

The rest of the respondents were allowed to undergo medical check-up in the hospital upon the request of their lawyers.

Other than Cinco and Manticajon,  lawyers of the respondents include Kim Mendoza, Rex Fernandez, Joyce Moran, Jose Vicente Arnado, Misty Hupp, and Elmer Pacayra.

They intend to file counter-charges against the police for grave misconduct, robbery, physical injuries and child abuse, among others.

During the inquest proceedings, Prosecutor Elesterio said there is probable cause against the respondents.

“This can be resolved in a full-blown trial,” Elesterio said.

In their joint-affidavit, the police said they were tasked to maintain peace and order during the implementation of a temporary restraining order issued by the court.

They said Regional Trial Court Judge Hermes Montero allowed the Gantuangco family to fence a parcel of land in barangay Bonbon, Aloguinsan.

However, when the sheriff tried to implement the court order, the respondents allegedly argued and insisted they owned the lot.

The police said the respondents attacked them using pieces of wood, bamboo lances, scythes, bolos, slingshots, Indian arrows, knives, among others.

Also, the respondents allegedly sprayed fluids believed to be containing acids, and threw plastic packs containing urine and human manure.

“Herein affiants (policemen) resorted to the arrest and apprehension of the protesters since a blatant and glaring disregard of the law, plus a commission of a crime was committed in our presence,” said police who confiscated several bladed weapons from the respondents.

RIGHT TO CLAIM

Staffer Eric Yongco of the Aloguinsan Municipal Assessor’s Office told Cebu Daily News that their records show the Gantuangcos have the right to claim the land, which they acquired in 1965.

He showed CDN copies of declarations showing the family paid taxes for the land since buying it.

Records from the Municipal Treasurer’s Office showed that the Gantuangcos through one Venus Perez paid P97,637 for the fencing of the land last Feb. 28.

Municipal Engineer Orvin Nenggasca issued the fencing permit.

Municipal zoning records classified the land under “agriculture.”

Mayor Augusto Moreno said at least 20 farming families belonging to the San Roque Farmers’ Association agreed in two dialogues with the Gantuangcos to sell parcels of land for P40,000 to P100,000.