THE Department of Justice (DOJ) has dismissed the cases filed against the 15 militants who were accused of kidnapping and serious illegal detention after they helped Lumad victims seek refuge in 2015.
In a resolution, the DOJ reversed its ruling dated April 5 and granted the motion for reconsideration filed by respondents Rev. Jurie Jaime, Bayan Southern Mindanao Region (SMR) secretary general Sheena Duazo, Karapatan SMR secretary general Hanimay Suazo, Ryan Laniba, Tony Salubre, Jimboy Maciano, Gabriela Davao secretary general Mary Ann Sapar, Jaja Encosio, Pedro Arnado, Pasaka SMR chairperson Kerlan Fanagel, Sr. Stella Matutina, Sr. Restita Miles, Isidro Andao, Kharlo Manano, and Save Our Schools (SOS) Network spokesperson Rius Valle.
The 15 were accused of kidnapping and serious illegal detention of about 700 lumads at the Haran evacuation center at the United Church of Christ of the Philippines Compound in Davao del Norte on August 2015.
The DOJ said it found merits on the respondents' motion for reconsideration after the accused submitted last Friday documents that will prove that the cases filed against them were invented.
The additional documents include an affidavit of resistance and decantation of complainants Datu Kalumpot Dalon, Datularis Landahay, Libara Angkomog, Juavanie Angkomog, Limar Mangomoy-at and Tata Angkomog-Lundia.
In the said affidavit, complainants withrew their earlier statement that they were kidnapped and detained at the Haran compound.
"The statements we made in our affidavit complaint were not all true and correct as we, and our fellow lumads were not kidnapped and detained at Haran," the affidavit reads. "We are withdrawing and recanting said statements as they are not true."
"These are trumped up charges. Our fellow lumads and us went to Davao and took shelter at Haran due to the conflict in our place," it added.
The complainants said that the case was filed against the militants due to the insistence of Datu Nestor Apas, Datu Lumansad Sibugan and the military.
"With the desistance and recantation of all the complainants in the case, it has come apparent to the undersigned that in this case, there has been no deprivation of liberty committed by the respondent upon the complainants," the DOJ said.
The alleged rescue was initiated by North Cotabato Representative Nancy Cotamco who alleged that the IPs in the center are being held there against their will.
The IPs have been at the center since April last year after claiming that their villages are militarized and that they are facing constant threats.
“This 5 in the afternoon, we were there in the DOJ when they released the resolution to dismiss the case of serious illegal detention and kidnapping,” said Sheena Duazo, spokesperson of Bagong Alyansang Makabayan (Bayan), who is among the 15.
Duazo said that the cases were dismissed due to lack of probable cause and after the complainants reversed their statements that they were kidnapped.
“The complaint was not true and correct, that me and my fellow Lumads were kidnapped in Haran,” Duazo said quoting the affidavit of the complainants.
It also stated that Lumads went to the Haran due to the conflict in their own home.
“My companions and I were neither kidnapped nor detained,” Duazo quoted the affidavit.
Duazo said that she is thankful with the Department of Justice for the fast action about the case.
“Nagapasalamat ko sa DOJ sa paspas na release sa resolution ugsa among tan-aw nako ang pinakahinungdan niini mao ang kamatuoran na wala man jud mi gihimo na kriminal, ug among gihimo as Lumad rights defenders mao ng agduyog ug agsuporta sa mga Lumaddiha sa Militarisasyon (I am thankful with the DOJ on the fast action and release of the resolution, and as we see it, it is because of the fact that we did not do any criminal acts, but what we did as Lumad right defenders is to be in solidarity with Lumads in their fight against militarization),” she said.
She also added that even with the dismissal of the case, this doesn’t mean that they will stop fighting for the rights of Lumads, as she had noted that atrocities against our Lumad brothers has increased not only in Davao City but also in other areas.
The Justice Secretary Vitaliano Aguirre II released the resolution yesterday afternoon. (Karina V. Cañedo/Sunnex)