Palace: 'Talaingod 18' free to sue over questioned charges

MANILA, Philippines — Bayan Muna president Satur Ocampo and Rep. France Castro (ACT Teachers party-list) are free to file charges over their arrest and indictment in Davao del Norte for allegedly illegally transporting 14 minors, the Palace said Sunday.

"It's their right against whomsoever have violated their rights. That's what the president has been saying. He won't allow any violation of the law. Whoever violates the law should be charged and let the law run its course," Panelo said in a radio interview. 

Panelo also denied that the executive branch is behind the arrest of Ocampo's group, who were stopped and held in Talaingod town last week. They said they were part of a solidarity and fact-finding mission to rescue students and volunteer teachers from a Lumad school that was being harassed.

According to ACT Teachers party-list last week, the convoy the fact-finding team was in had also been harassed by members of the Alamara paramilitary group.

"When the judge saw there was probable cause, that means they were given due process. In fact, they were allowed to post bail. I think their allegations against the government are baseless," the presidential spokesman said Sunday. 

"The executive has nothing to do with the judiciary ever since," he added. 

Panelo urged Ocampo's group to prepare their defense and to just allow the court to study the case. 

"They should hold their horses and let the law run its course. They were charged and they have the right to defend themselves. They are entitled to the presumption of innocence. They were allowed to post bail so they can prepare," he said.

RELATED: Lumad schools report military presence on first day of classes

'Emergency situation'

In a press conference Sunday, Rep. Castro said there was no complaint against the group when their convoy was stopped by security forces.

"'‘Yung nagrereklamong mga parent dumating na lang noong medyo umaga na at noong nga sabing may nagreklamo pero wala naman kaming na-ano na nag-reklamong parent noong gabi," she said when asked to clarify the supposed complaints of three parents.

(The parents who were complainants only arrived in the early morning, and that's when we were told there was a complaint against us, but we didn't hear about any complaints that night)

Castro said she has not yet read the affidavits of the parents.

Castro, Ocampo and 16 others were arrested last week by police in Talaingod after being accused of taking 14 Lumad students without the consent of their parents.

They were released on Saturday evening after paying bail amounting to P1.44 million.

The military said the 18 were arrested when it was found that they did not have documents to show that the minors' parents had given their consent to transport the children.

Rep. Karlo Zarate (Bayan Muna) said he read the affidavit of some of the parents who complained and said the respondents can counter their claims.

“Ang nabasa ko doon may parent siguro nakausap na ng police o military na tinanong nila kung nagpaalam e sabi nga naming kanina paano ka magpapalam kung ganoong there was an emergency situation,” Zarate said.

(What I read was there was a parent who was asked by police or military personnel whether they gave their children permission to go, but how can you ask permission when there is an emergency situation?)

“Mayroon din akong nabasa na affidavit ng minor tinanong din siya [kung] nagpaalam ba ang grupo ni Satur Ocampo sa parents. Sabi niya ‘no.’ Naturally sabi ko nga hindi nga sila makakapagpaalam dahil it was an emergency situation,” he said.

(There was also an affidavit of one of the minors asking if Satur Ocampo's group had asked the parents' permission, and the minor said 'no'. Naturally, as I said, they didn't get to ask permission because it was an emergency situation.)

Zarate and Castro said most of the 14 minors were not from Talaingod and came from other Lumad schools outside the town.

'Students were on OJT'

Castro said these students were in Talaingod for their “on-the-job” program, where students exchange learning.

“At any rate, ito naman sa paghahain ng ating mga respondents ay malilinawan ito. Basta lang nililinaw natin na walang kidnapping, walang trafficking na nangyari, even child abuse because that was a response to a humanitarian crisis at the time noong sapilitang pinadlock ang kanilang eskwelahan,” Zarate said.

(At any rate, the respondents' filings will explain these. What is clear is that there was no kidnapping, no trafficking that happened, even child abuse, because that was a response to a humanitarian crisis at the time when their school was padlocked.)

“That was the second campus that the paramilitary padlocked in a span of a week,” he added.

READ: 'Absurd' trafficking charges vs Satur, Castro will fail, party-list solon says

Zarate said teacher volunteers and human rights defenders should be praised for rescuing the students instead of arresting them.

'Harassment of Lumad schools'

Meanwhile, Castro said Lumad schools are being harassed. She said there has been a food blockade and threats towards teachers and students.

“Gusto nating mabuksan ulit ang school dahil wala naman itong vinaviolate. Itigil ang atake sa mga eskwelahan, 58 dito ay pinasara na ng arbitrary at walang dahilan,” she said.

(We want the schools to reopen because they aren't violating laws. Stop the attacks on the schools, 58 have already been shut down arbitrarily and for no reason.)

Castro added that even their arrest was “arbitrary”since they were detained illegally and without warrants.

Warrantless arrests are allowed when arresting officers have reason to believe that a crime is being commited or has just been commited.

FROM THE FREEMAN: Lumads from Mindanao air ‘abuses’ of military

— with Rosette Adel