The decision of Tagum City Regional Trial Court Branch 2 to convict former Bayan Muna Rep. Satur Ocampo and current ACT Teachers Rep. France Castro, along with 11 other respondents, for child abuse after they delivered food to Lumad teachers and pupils in Talaingod, Davao del Norte who sought succor from harassment by the paramilitary unit Alamara in 2018 is a classic case of justice gone rogue.
The teachers and pupils of Salugpongan Ta’Tanu Igkanogon Community Learning Center at Barangay Palma Gil had complained that troops from the 56th Infantry Battalion (IB) and Alamara gunmen had imposed a food blockade. This paramilitary unit was responsible for the shutdown of Lumad schools and the assassination of teachers during the unlamented Duterte regime.
In response, a solidarity mission was organized to bring food to the beleaguered Lumads and take them to a safer place. Ocampo, Castro and their companions were in a five-vehicle convoy of more than 70 people, including 29 pupils, when the schoolchildren, when Talaingod police and soldiers from the 56th IB stopped them at Barangay Santo Niño, arrested them and lodged child trafficking charges against them. The shutdown of Lumad schools was a key feature of the counter-insurgency campaign pursued by Duterte and his daughter Sara in Davao City and in many areas of Mindanao after organizing the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) and deploying tens of thousands of soldiers in Mindanao, the Visayas and in Bicol.
In a 25-page decision dated July 3, 2024 but promulgated only on July 15, 2024, the court convicted Ocampo, Castro, and 11 others guilty of violating Section 10(a) of Republic Act 7610 or the Special Protection of Children Against Abuse, Exploitation, and Discrimination Act. It sentenced 13 respondents to imprisonment of four years to six years and ordered them to pay a total of P20,000 – P10,000 for civil indemnity and P10,000 for moral damages – to each of the 14 victims. “Records reveal that the prosecution has established proof beyond reasonable doubt that the accused…committed acts detrimental to the safety and well-being of the minor Lumad learners,” court decision declared.
Surprised by the decision, Ocampo and Castro maintained the innocence of all the accused, arguing that the lower court “wrongfully convicted” them. “This wrongful conviction speaks of the continuing persecution of those who are helping and advocating for the rights of Lumad children and the persistent attacks on Lumad schools and communities,” they said. Worse, Ocampo and Castro pointed out that the court failed to investigate testimonies regarding the threats and harassment against Lumad schools and their forcible closures. “This is a clear miscarriage of justice, and we will strongly question this decision in all venues possible,” they added.
Flustered by the decision, the Jakarta-based ASEAN Parliamentarians for Human Rights (APHR) stressed it was a mockery of justice. Speaking through APHR chairwoman and member of the Indonesian House of Representatives Mercy Chriesty Barends responding to the conviction of APHR member France Castro and 12 others of the said: “We are appalled that the court has decided to convict Rep. France Castro and 12 others of the ‘Talaingod 18’ on charges of child abuse, merely for attempting to rescue schoolchildren from a dangerous situation. It is an absurd decision that has no basis in reality. The Talaingod 18 should be commended for their bravery, not punished for it.”
“Given the flimsy grounds for this decision, we strongly urge the Philippines authorities to grant Rep. Castro and her co-accused bail – they should not be subjected to even one day of unjust detention. We stand in solidarity with Rep. France Castro and her fellow human rights defenders and we further call on the higher courts to recognize the ridiculousness of this case and duly overturn this preposterous conviction,” Barends said.
The human rights alliance Karapatan, ACT-Teachers party list, Bayan Muna and a host of progressive organizations denounced the decision, explaining that it is a travesty of justice to convict citizens who exercised their civic duty to save the pupils from harassment and psychological torture by armed men and soldiers besieging schools operated by the Lumad themselves. This is akin to rewarding the predators for besieging their prey. This is justice walking on its head.
