DAVAO CITY (MindaNews / 23 July ) – The counsels of ACT Teachers party-list Rep. France Castro, former Bayan Muna president and representative Saturnino “Satur” Ocampo, and 11 others appealed on Monday the order of the Tagum City Regional Trial Court (RTC)-Branch 2 convicting them of child abuse.
A five-page notice of appeal dated July 22 was filed before RTC-Branch 2, designated as the family court, asking it to elevate the case to the Court of Appeals.
In a 26-page decision issued on July 3, the trial court, presided by Judge Jimmy B. Boco, found them guilty of violating Section 10(a), Article VI of Republic Act 7610, also known as “Special Protection of Children Against Abuse, Exploitation, and Discrimination Act.”
Aside from Castro and Ocampo, a judgement of conviction was rendered against their co-accused Ma. Eugenia Victoria Nolasco, Jesus Madamo, Meriro Poquita, Maricel Andagkit, Marcial Rendon, Marianie Aga, Jenevive Paraba, Nerhaya Talledo, Ma. Concepcion Ibarra, Nerfa Awing, and Wingwing Daunsay.
They were sentenced to suffer imprisonment for a minimum of four years, nine months, and 11 days to a maximum of six years, eight months, and one day.
The court also ordered the payment of P10,000 as civil indemnity and additional P10,000 as moral damages to each of the minor victims.
Meanwhile, Pastor Edgal Ugal, Rev. Ryan C. Magpayo, Eller A. Ordeniza, and Rev. Jurie Jaime were acquitted as the prosecution failed to establish their guilt.
The accused were among the human rights defenders, collectively known as the “Talaingod 18,” who initiated a National Solidarity and Fact-Finding mission on November 28, 2018 in Talaingod, Davao del Norte.
In an earlier statement following the promulgation, Dr. Jean Lindo, chair of Gabriela Southern Mindanao, expressed frustration over the conviction of Castro, Ocampo and the 11 others, calling the judgment as “grossly unjust.”
“As IP (indigenous peoples) defenders, the ‘Talaingod 18’ use human rights principles in defending the IPs. It was obvious that there were shortfalls in the enjoyment of rights of the IPs… namely the right to self-determination, development, education, security and other rights,” she said.
Lindo believed that there are “elements in the government that want to maintain the IPs in a disempowering situation.”
She said the human rights defenders only did “their best to perform their ethical duties where the state agents have failed” and believed that the charges were merely strategic lawsuit against public participation or SLAPP.
A SLAPP is an action brought against any person “with the intent to harass, vex, exert undue pressure or stifle any legal recourse.”
Lindo said that the absence of anti-SLAPP law and Human Rights Defenders Law makes it extremely difficult for rights-based advocates to access justice.
She questioned how they were convicted of child abuse “when the intent was to protect and secure the threatened IPs as well as continue their education activities because the state agents already closed down the schools and killed the school authorities, IP leaders, and members.” (Antonio L. Colina IV / MindaNews)
