đź“·: Kodao Productions
By Diego Morra
While the Public Interest Law Center (PILC) lauded recent decisions by various courts acquitting activists charged with non-bailable offenses like illegal possession of firearms and explosives, murder, kidnapping with murders and other capital offenses, the troll army of the military and the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) has been furious and criticizing the courts for succumbing to the lawfare arguments of defense counsel and human rights advocates.
Repeating their argument that the whole of nation approach in battling counter-insurgency requires the coordinated efforts of the military, police, prosecutors and even the bench in throwing the books at the suspected “terrorists” and winning the convictions of all the accused. This smacks of a complete fascist takeover of the entire government bureaucracy, from the executive branch to the judiciary, in cahoots with the legislature that is expected to pass laws that would do away with procedures that impede prosecutors from winning their cases based on flawed legal theories and manufactured evidence.
In effect, the NTC-ELCAC seeks to intrude into the exclusive domain of prosecutors and the judiciary, dictating how criminal cases should be pursued through the use of fabricated evidence and bogus testimonies from paid witnesses and informers. In its cynical contempt of the government bureaucracy, NTF-ELCAC even went to the extent of asking the Comelec to ban progressive party lists and disqualify them from participating in the May 12, 2025 elections. Now, fascist trolls demand that all those charged be convicted, reducing regular courts into their kangaroo courts. In fact, the series of dismissals and acquittals of accused activists mirrors the NTF-ELCAC’s ignorance of the law and a strange contempt for due process.
Atty. Rachel F. Pastores of PILC said that on August 13, 2025, the San Fernando Regional Trial Court Branch 47 (RTC Branch 47) granted the demurrer to evidence in the cases of illegal possession of firearms and explosives against peasant organizers Desiree Jaranilla Patun-og, Maria Teresa Buscayno, Oliver Millo and Andres Ely, thus dismissing those cases. Judge Rowena Rama-Chavez said the testimonies of the arresting and searching police officers were riddled with material inconsistencies on what transpired before, during and after the arrest of the four activists. The court also pointed out that the video recordings from the body cameras of the policemen belied destroyed the claims of the officers.
In another case, Pastores disclosed that the RTC Branch 266 in Taguig City acquitted National Democratic Front of the Philippines (NDF) peace consultants Renante Gamara and Tirso Alcantara, construction worker Raul Razo and peasant activists Dione Borre and Dionisio Almonte from charges of kidnapping with murder. In its decision, the Taguig court ruled that the prosecution failed to prove beyond reasonable doubt that the Taguig 5 members were involved in the alleged crime. PILC represented the accused in these cases. Pastores and other PILC lawyers explained that “the recent acquittals of activists and peace consultants only show that the cases are weak in the first place. Sadly, this means government lost a lot of time and resources. We will consider all options available to our clients who have lost time and opportunities – thankfully, not their will to still struggle against injustice.”
Technically, those acquitted by RTCs can seek compensation under Republic Act No. 7309 (RA 7309), also known as the Victims Compensation Program Act. Also eligible are those unjustly detained and released without being charged and victims of arbitrary or illegal detention. To initiate the process, claims must be filed with the Board of Claims at the Department of Justice (DOJ.) However, RA 7309 has been derided as “Scrooge’s Law” since it limits the maximum compensation to P1,000 per month of detention and claimants must file the claim within six months after release from imprisonment or detention.
Pastores also criticized the practice of filing trumped-up cases against activists and peace consultants. She said “the filing of trumped-up charges discourages the full participation of peace consultants in the peace process as they are prevented from freely consulting with stake holders. Furthermore, their participation in the actual negotiations comes under a cloud of uncertainty with the possibility of arrest from these trumped-up cases.” She noted that five NDF consultants who participated in the peace negotiations during the Duterte administration are still in jail.
Reacting to acquittals of the Taguig 5 by RTC Branch 266, Karapatan Secretary General Cristina Palabay said: “We are glad that the court saw through the lies and inconsistencies in the testimonies of the prosecution witnesses. We hail the efforts of the defense lawyers in ferreting out the truth and securing the liberty of those who had been wrongfully accused and unjustly detained for so long. Free all political prisoners!” However, Palabay said Millo and Ely remained in jail after they were slapped with non-bailable cases in Nueva Ecija and Zambales. In the case of the Taguig 5, Gamara, Borre, and Razo were released from Metro Manila District Jail Annex 4 on August 14, but Almonte remains detained at New Bilibid Prison.
