Criminal charges filed against Aloguinsan farmers, UP students

CEBU, Philippines - Criminal charges will be filed in court today against the Aloguinsan farmers and three student activists from the University of the Philippines, who were earlier arrested for allegedly trying to prevent the fencing of a private property, following the finding of probable cause by the Cebu Provincial Prosecutor’s Office.

Assistant provincial prosecutor Petronio Elesterio yesterday found probable cause to indict the 36 respondents, including 13 women and UP students, for direct assault and resisting arrest.

Elesterio found sufficient evidence to elevate the complaints in court after the respondents, Jason Engarcial, 28; Nelson Engarcial, 18; Terry Obtina, 49; Lilia Engarcial, 58; Jino Jilwano, 34; Amita Tumulak, 59; Adelaida Alcos, 58; Behamia Maurin, 60; Merlyn Engarcial, 39; Filicidad Lausa, 50; Alejandra Pañares, 42; Teresa Nengasca, 54; Eremias Nengasca, 19; Ramil Engarcial, 37; Cerilo Engarcial, 59; Jimmy Obtina, 27; Susan Elaria, 42; Andrea Quiño, 55; Rosalinda Bayadog, 37; Jeanalyn Hilaria, 19; Jevelyn Hilaria 19; Susan Alcos, 30; Arlene Ordanesa, 37; Romeo Ordanesa, 39; Adelina Tumulak, 38; Ramelo Arnaiz, 45, refused to submit counter affidavits. Elesterio said the case will be transmitted today before the Regional Trial Court in Toledo City.

The prosecutor’s office also ordered the police to submit the respondents to a medical examination at the Vicente Sotto Memorial Medical Center after he noticed that most of them sustained wounds, bruises and contusions in the different parts of the body.

The respondents claimed that they were kicked, punched, whipped with truncheons by police at the height of their protest in Aloguinsan last Monday.

There were five male respondents who sustained severe wounds, bruises and contusions in different parts of the body.

Lawyer Poch Cinco, counsel for the farmers, said they will contest the case in court saying the arrests of his clients were illegal. He also accused the police of illegal detention for which they are also filing counter charges.

Cinco said they opted not to avail of the preliminary investigation to expedite the release of his clients because they are planning to post bail.

Lawyer Ian Manticajon, who is also representing the respondents, said they will be filing today a petition for writ of amparo and habeas corpus before the Court of Appeals against the police.

They are also filing administrative case for grave misconduct against the police officers involved in the alleged illegal arrest on top of the criminal charges for robbery, physical injuries, illegal arrest, illegal detention and child abuse.

Torture?

One of the female respondents yesterday accused the policemen of treating them like animals. Gevelyn Hilaria, 19, had to be rushed to the hospital yesterday because of severe stomach pain allegedly caused by the police’s refusal to allow her to urinate.

Hilaria’s newly operated appendicitis was allegedly affected by her unable to urinate. According to Hilaria’s twin sister, Genalyn, her sister had been asking their police escort to allow her to go to the comfort room but they were ignored.

“Sakit na kaayo iyang inoperahan kay kaihi-un na siya didto pami sa bus pero wa siya panumbalinga, unya nangayo siyag tambal gikataw-an ra siya sa police, last year ra siya na-operahan sa appendicitis,” Genalyn said.

Some of the respondents also complained of alleged inhuman treatment like refusing to take their handcuffs while urinating. 

Deputy provincial intelligence chief Mark Sukalit said the police were just doing their job.

Sukalit said they have to handcuff the respondents because they were many compared to the police.

The respondents were arrested by the police who were assigned to maintain the peace and order during the implementation of the Temporary Restraining Order issued by Executive Judge Hermes Montero of RTC Toledo City Branch 59.

The police assisted sheriff Melvin Destura for the fencing of a parcel of land at Barangay Bon-bon, Aloguinsan, Cebu.

They added the affected families argued and insisted that they owned the lot. This after the TRO issued against the Gantuangcos who owned the property has expired.

Relocation

Meanwhile, the Cebu Provincial Government is willing to facilitate if the affected families need a relocation site.

Capitol spokesman Rory Jon Sepulveda said they are willing to assist the affected farmers if they need help.

“Kung tinuod nga wa na sila’y kapuy-an o pagkaon, we’ll facilitate. Kung way pagkaon, tagaan. Gobyerno man ka. You don’t have the luxury to choose when and where to render assistance, as long as somebody is in need,” he said.

Sepulveda added that they are helping people outside their jurisdiction, so the more that they will help their own constituents.

“Legally right or legally wrong, that’s beyond our competence, but if indeed tinuod nga dunay mga naapiki, ma-pulis, ma-sundalo o ma-estudyante, one thing that I am sure is the Provincial Government will come into the picture to render assistance,” he added.

The lawyer clarified though that they will not be intervening to solve what happened because it was a legal dispute. — (FREEMAN)