THE Department of Justice (DOJ) has dismissed the case against 15 human rights advocates accused of kidnapping and serious illegal detention of about 700 Lumads (indigenous peoples) at the Haran Evacuation Center in Davao City.
In a review resolution, the DOJ reversed its April 5, 2016 resolution ordering the filing of cases against the following:
Rev. Jurie Jaime, Bayan Southern Mindanao Region (SMR)secretary general Sheena Duazo, Karapatan SMR secretary general Hanimay Suazo, Ryan Laniba;
Tony Salubre, Jimboy Maciano, Gabriela Davao secretary general Mary Ann Sapar, Jaja Encosio, Pedro Arnado, Pasaka SMR chairperson Kerlan Fanagel;
Sr. Stella Matutina, Sr. Restita Miles, Isidro Andao, Kharlo Manano, and Save Our Schools (SOS) Network spokesperson Rius Valle.
The DOJ ordered the dismissal of the case against the 15 after all the complainants, who are Lumads, issued an affidavit of desistance withdrawing the allegation against them.
“With the desistance and recantation of all the complainants in this case…it has become apparent to the undersigned that, in this case, there has been no deprivation of liberty committed by the respondent upon the complainants,” the resolution stated.
Their case was filed before the Davao City Regional Trial Court.
“There being no deprivation of liberty, the elements of the crime of kidnapping and serious illegal detention are not all present; and no probable cause for the commission of such crime may arise,” the DOJ resolution signed by Acting City Prosecutor of Davao City Loverhette Jeffrey P. Villordon stated.
The Davao Court, through Judge Retrina Fuentes, issued the warrant for the arrest of the 15 but it was put on hold due to the pending motion for reconsideration at the DOJ.
With the new resolution, the DOJ will then withdraw the case against the 15.
Bayan Muna Representative Carlos Isagani Zarate, in a statement, lauded the DOJ for reexamining the case against the Haran 15.
“The military-instigated charges are now exposed as nothing but a desperate attempt to vilify the human rights defenders and the legitimacy of their advocacies like the Haran 15,” Zarate said.
“The dismissal of the preposterous kidnapping and illegal detention case is a vindication not only of the Haran 15 but also of the displaced and militarized Lumads of Mindanao who sought sanctuary at the UCCP-Haran Center in Davao City,” Zarate added./rga