Pastor, Himamaylan 7 acquitted of murder raps

BACOLOD CITY — A pastor of the United Church of Christ in the Philippines (UCCP) and his co-accused, known as the “Himamaylan seven,” were acquitted of two counts of murder and seven counts of frustrated murder on Monday, Nov. 18.

Judge Rodney Magbanua of the Regional Trial Court (RTC) Branch 61 in Kabankalan City, Negros Occidental found no sufficient evidence against UCCP Pastor Jimie Teves, government job order worker Jodito Montesino, Susan Medez, Jaypee Romano, Jasper Aguyong, Rogen Sabanal, Eliseo Andres, and Rodrigo Medez.

They were accused of killing two Army soldiers of the 62nd Infantry Battalion and injuring seven others in an encounter in Barangay Tan-awan, Kabankalan City, on May 12, 2018, two days before a barangay election.

“We sympathize with the families of those who died and were injured in the encounter but it is also wrong to imprison those who were innocent of the charges. It does not result in justice but rather exacerbates injustice,” defense lawyer Rey Gorgonio said.

Gorgonio also said his clients were red-tagged and falsely accused by authorities.

“They are farmers and indigenous people from Barangay Buenavista, Himamaylan,” he added.

Teves testified that he was a pastor of the UCCP and the other accused were his churchmates. They were also members of Tribu Ituman, an Indigenous People’s group aimed to help and assist farmers in availing the projects of the government.

They were called the “Himamaylan 7” because initially the seven males, aside from Teves, were arrested and imprisoned in June 2019.

In its ruling, the court cited a lack of credible evidence and procedural irregularities during the investigation.

The court also said the testimonies of the prosecution’s witnesses were insufficient to prove the guilt of the accused.

“A criminal case rises and falls on the strength of the prosecution’s evidence and not on the weakness of the defense,” it added.

While the prosecution may have successfully established that all the elements for the crime of murder are present in this case, the court said it cannot render a judgment establishing a finding of guilt when the identity of the perpetrators in the crime is doubtful.

“The accused offered no other evidence but the twin defenses of denial and alibi. They said they were preparing for the elections on May 14, 2018. But while denial and alibi are indeed inherently weak defenses, these cannot be simply rejected when the peculiar circumstances of their arrest and their out-of-court identification cast serious doubts on the reliability of the eyewitnesses’ testimonies,” the court said.

According to the UCCP, “Church leaders expressed relief over the acquittal, calling it a victory for truth and justice. The acquittal of Pastor Teves and company is an answered prayer of the whole church. It also serves as a testament to the power of community support.”