IN one fell swoop, 17 rights activists and peace advocates brought up on charges of destructive arson, kidnapping, and robbery with violence against or intimidation of persons, collectively referred to as “Sibagat” cases, their arrest warrants were quashed by the court as charges were dismissed due to John Doe warrants and inordinate delay of reinvestigation.
Judge Fernando R. Fudalan of Regional Trial Court Branch 7 in Bayugan City, Agusan del Sur ruled that for John Doe Warrants to be valid, it should have the description of the appearance of the accused so that the one serving the warrants could identify the suspects.
“…to be valid requires description of accused appearance with so much particularity including but not limited to their occupation, appearance, exact place of residence and any other circumstance by means of which the officers serving the warrant will be able to identify them…” reads part of the Omnibus Resolution of Fudalan, dated June 10, 2021.
The UPLM welcomed the court’s declaration that the facts and circumstances obtaining in these cases led it to believe that the accused have not committed the offenses charged.
“UPLM lauds Judge Fernando R. Fudalan for his judicial probity and courage in ordering the dismissal of the Sibagat cases, thereby according justice to the concerned victims of state harassments and persecution simply for advocating social justice and respect for right to life and dignity, and ultimately, upholding the Rule of Law,” Atty. Czarina Golda S. Musni, UPLM secretary general said in a statement sent to this paper today.
The judge ruled to quash the warrants of arrest issued to the following accused for being null and void:
- Teresita Naul - Union of Peoples’ Lawyers in Mindanao (UPLM) staff
- Aldeem Yañez - volunteer staff of Iglesia Filipina Independiente – Visayas , Mindanao Regional Office for Development (IFI-VIMROD)
- Ireneo Udarbe – Chairperson, Kilusang Magbubukid ng Pilipinas – Northern Mindanao Region (KMP-NMR)
- Francisco Pagayaman - Chairperson, Kalipunan ng Damayang Mahihirap – Northern Mindanao Region (Kadamay-NMR)
- Ophelia Tabacon - Regional Coordinator, Alliance of Concerned Teachers –
Northern Mindanao (ACT-NMR) - Jumorito Guaynon – Chairperson, Kalumbay Regional Lumad Organization
– Northern Mindanao Region - Jerry Basahon – Chairperson, Misamis Oriental Farmers Association (MOFA)
- Gerald Basahon – Chairperson, Gingoog Farmers Association (GCUFA)
- Aida Ibrahim – Karapatan- NMR staff
- Mylene Coleta, MOFA staff
- Hanilyn Cepedes – staff, Rural Missionaries of the Philippines – Northern
Mindanao Region (RMP-NMR) - Ritchel Hilogon - staff, Kalumbay NMR
- Cecilia Acenas – staff, Community Based Heath Services (CBHS) – Bukidnon
- Wildon Barros - DOLE X–accredited Social Partner in Labor
- Reywynx Morgado - radio broadcaster and staff, RMP Caraga
- Mujahid Caballero - staff, MOFA
- Vicente Libona- political detainee
The court ruled the affidavits of two army regulars and twelve Citizen Armed Force Geographical Unit (CAFGU) Active Auxiliary (CAA) as “inadequate,” saying these simply described the accused with their alleged aliases and erroneous addresses.
Musni also lauded the dismissal of the last Sibagat case of kidnapping and Serious illegal detention in the resolution of Judge Fudalan, dated October 8, 2021, mainly on the ground of the right of the accused to speedy disposition of their cases.
The Court noted the length of delay was inordinate, as the “instant case has dragged for more than a year solely for the purpose of reinvestigation”, a procedure well within the segment of preliminary investigation.
The UPLM views the resolution as a clear rebuke to the prosecution, in observing that “a period of more than one year to process reinvestigation is appositely unreasonable stretch of time for a case of kidnapping and serious illegal detention which does not involve issues of much complexity. The prosecution in spite of (the) delay did not offer explanation whatsoever to justify its inaction.”
Teresita Naul, UPLM-Cagayan de Oro Chapter staff, was finally freed on October 26, after one year and seven months of detention at the Prosperidad, Agusan del Sur provincial jail. Naul was arrested on March 15, 2020 on the basis of John Doe warrants, which were quashed by the June 10 and October 8, 2021 Resolutions of the Court, However, Jomorito Guayanon, Jerry Basahon, GeraldBasahon, Mylene Coleta and Vicente Libona are still detained at the Misamis Oriental Provincial Jail and Rehabilitation Center for other similar cases which they decry are all trumped up.
The four “Sibagat” cases stemmed from the reported dawn raid and torching of a detachment at Brgy Tubigon, Sibagat, Agusan del Sur on December 19, 2018 by alleged members of the Communist Party of the Philippines-New People’s Army, who fled the scene along with two army regulars, 12 CAAs, and several firearms and ammunitions. The state security forces were eventually released on February 19, 2019.
The incident led to the filing of three cases against some 555 accused, including the 17 activists and rights advocates. The fourth case was an offshoot of the said three cases.
“UPLM also expresses its utmost appreciation to its members who rendered exemplary and dedicated service that led to the dismissal of the Sibagat cases, despite the odds ― the threats and the harassment that they were subjected to as lawyers for the people.”
“The dismissal of Sibagat cases based on John Doe warrants and the inordinate delay of proceedings highlight the triumph of truth and justice over the practice of the state of silencing dissent by filing trumped-up charges against activists and rights advocates,” Musni added.
