Court junks slay cases vs CPA chief, 5 others
>> Saturday, July 24, 2021
A local court in Tagum City, Davao del Norte
dismissed murder charges against six activists due to lack of probable cause.
In a decision dated July 12, presiding judge Sharon Saracin of Tagum Regional Trial Court Branch 30 junked the murder charges against Lutgardo Jurcales Jr. of Bagong Alyansang Makabayan (Bayan), Windel Bolinget of Cordillera Peoples Alliance (CPA), Agnes Mesina of Makabayan Cagayan Valley, Jackie Valencia of Karapatan, Reynaldo Garneng of Danggayan to Mannalon ti Cagayan Valley and Albert Mandin.
Saracin granted the motion for the dismissal of the charges following reinvestigation report by prosecution attorney James Noel V. Morente saying it is highly unlikely the accused can participate in the alleged killing of Garito Tiklonay Malibato in Kapalong, Davao del Norte on March 22, 2018.
In separate affidavits, the six activists denied their involvement in the killing of Malibato.
They said the case was filed to silence critics, noting local police filed the charges two years after the incident.
In a statement, the CPA, which Bolinget chairs, lauded the decision of the Tagum court.
“True enough, the dismissal of the case is a step forward, but there is much to be done that necessitates our collective action and continuing calls for accountability and justice,” the group said.
The dismissal came almost two months after the Office of the Provincial Prosecutor of Tagum City, submitted its recommendation to the court to drop Bolinget’s name from among the accused on May 24, 2021.
“While our cases were dismissed, we have already been unjustly incarcerated and our families and organizations have been viciously attacked as a result of the trumped-up cases. Sadly, there is no let-up in these attacks and threats to our lives just as many innocent Filipinos especially indigenous peoples continue to be extra-judicially killed and imprisoned.” Bolinget said in the statement.
Bolinget also extended his gratitude to the individuals, institutions, and organizations that helped him in facing the trumped-up case.
He said, the campaign to red-tag, delegitimize, and malign CPA and other progressive organizations and individuals continue.
Recently, a tarpaulin red-tagging and falsely declaring CPA as persona-non-grata was reportedly found posted near CPA’s satellite office in Baguio City.
Bolinget said dismissal of the case was “proof of the fact that cases filed by the police and this government against activists and civilians are merely fabricated. The same is true with the trumped-up case of illegal possession of explosives filed by the police against Betty Belen in Kalinga province, which was also dismissed early this year.
“But while our cases were dismissed, we have already been unjustly incarcerated and our families and organizations have been viciously attacked as a result of the trumped-up cases. Sadly, there is no let-up in these attacks and threats to our lives just as many innocent Filipinos especially indigenous peoples continue to be extra-judicially killed and imprisoned. Hence, we must continue to call for the release of political prisoners and a stop to extrajudicial killings. As peace-loving citizens and human rights advocates, it is our duty to expose and stop these trumped-up cases and to end impunity.
“We thank the local government units, LGU officials, organizations and individuals who defended and supported me. We especially thank my lawyers in Davao City and our brave human rights lawyer Jose Molintas, who served as the lead counsel for my case. We also thank the National Bureau of Investigation-Cordillera Administrative Region and its regional director Atty. Hector Geologo for the protective custody of myself.
“Our heartfelt gratitude goes to the United Nations experts, national and international partners of the CPA, various local and international organizations and human rights activists and advocates whose overwhelming support have pushed this case to a favorable conclusion.
In a decision dated July 12, presiding judge Sharon Saracin of Tagum Regional Trial Court Branch 30 junked the murder charges against Lutgardo Jurcales Jr. of Bagong Alyansang Makabayan (Bayan), Windel Bolinget of Cordillera Peoples Alliance (CPA), Agnes Mesina of Makabayan Cagayan Valley, Jackie Valencia of Karapatan, Reynaldo Garneng of Danggayan to Mannalon ti Cagayan Valley and Albert Mandin.
Saracin granted the motion for the dismissal of the charges following reinvestigation report by prosecution attorney James Noel V. Morente saying it is highly unlikely the accused can participate in the alleged killing of Garito Tiklonay Malibato in Kapalong, Davao del Norte on March 22, 2018.
In separate affidavits, the six activists denied their involvement in the killing of Malibato.
They said the case was filed to silence critics, noting local police filed the charges two years after the incident.
In a statement, the CPA, which Bolinget chairs, lauded the decision of the Tagum court.
“True enough, the dismissal of the case is a step forward, but there is much to be done that necessitates our collective action and continuing calls for accountability and justice,” the group said.
The dismissal came almost two months after the Office of the Provincial Prosecutor of Tagum City, submitted its recommendation to the court to drop Bolinget’s name from among the accused on May 24, 2021.
“While our cases were dismissed, we have already been unjustly incarcerated and our families and organizations have been viciously attacked as a result of the trumped-up cases. Sadly, there is no let-up in these attacks and threats to our lives just as many innocent Filipinos especially indigenous peoples continue to be extra-judicially killed and imprisoned.” Bolinget said in the statement.
Bolinget also extended his gratitude to the individuals, institutions, and organizations that helped him in facing the trumped-up case.
He said, the campaign to red-tag, delegitimize, and malign CPA and other progressive organizations and individuals continue.
Recently, a tarpaulin red-tagging and falsely declaring CPA as persona-non-grata was reportedly found posted near CPA’s satellite office in Baguio City.
Bolinget said dismissal of the case was “proof of the fact that cases filed by the police and this government against activists and civilians are merely fabricated. The same is true with the trumped-up case of illegal possession of explosives filed by the police against Betty Belen in Kalinga province, which was also dismissed early this year.
“But while our cases were dismissed, we have already been unjustly incarcerated and our families and organizations have been viciously attacked as a result of the trumped-up cases. Sadly, there is no let-up in these attacks and threats to our lives just as many innocent Filipinos especially indigenous peoples continue to be extra-judicially killed and imprisoned. Hence, we must continue to call for the release of political prisoners and a stop to extrajudicial killings. As peace-loving citizens and human rights advocates, it is our duty to expose and stop these trumped-up cases and to end impunity.
“We thank the local government units, LGU officials, organizations and individuals who defended and supported me. We especially thank my lawyers in Davao City and our brave human rights lawyer Jose Molintas, who served as the lead counsel for my case. We also thank the National Bureau of Investigation-Cordillera Administrative Region and its regional director Atty. Hector Geologo for the protective custody of myself.
“Our heartfelt gratitude goes to the United Nations experts, national and international partners of the CPA, various local and international organizations and human rights activists and advocates whose overwhelming support have pushed this case to a favorable conclusion.
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