Lumad students 'rescued' in Cebu raid had parents' consent, House panel told

Photo shows personnel of Police Regional Office-7 swarming students of a Lumad school in Cebu at what they claim is a "rescue operation."
The Freeman/Romeo Marantal and Iris Mascardo

MANILA, Philippines (Updated 5:57 p.m.) — Lumad students whom police said they rescued in a raid on a Cebu City university in February had consent from their parents to be there, a teacher and a student from the Lumad Bakwit school told a House panel.

"Lumad" is a term used by some indigenous peoples' communities in Mindanao to refer to themselves while "Bakwit" is from "evacuee" and means people displaced from their homes by conflict or by calamities.

Teacher Jurain Ngujo told the House Committee on Human Rights on Wednesday that while not all students were accompanied by their parents to Cebu, the children had been given permission to join the Lumad Bakwit school. They had been staying in Cebu City since March 2020, when pandemic restrictions prevented them from traveling.

"The parents knew of the students’ travel but the parents' consent (forms) were taken in the raid. The police inventory should show that,” Ngujo said in Filipino.

The House panel is conducting an inquiry into the "rescue operation" that police mounted to get children whom they said were being recruited into the communist rebellion. 

Ngujo said he taught Araling Panlipunan and Science, but said he was not at the University of San Carlos campus when police raided the retreat house there. He had gone with some of the students to get swab tests from the Philippine Red Cross in preparation for their return to their home provinces.

He said they learned of the raid when a student, Mikay Haictin, broadcast the police operation on Facebook. The video, which showed children screaming while police rounded people up, went viral in February.

Haictin, a 16-year-old Bakwit student, also told the panel that they did not need any rescuing.

She told lawmakers that they knew that some parents of their fellow students would be coming to USC but did not know that they were with police officers and members of the media.

"Pumasok sila at inutusan kaming magkumpulan sa sulok. Walang warrant na pinakita. Pinapakalma ng mga datu ang mga pulis, nagsalita ng mahinahon at sinasabing ‘social distancing,’" she said.

(They entered [the room] and ordered us to gather in one corner. They did not present any warrant. The datus tried to calm the police down by speaking politely and reminding them of social distancing.)

“Takot at pangamba ang nararamdaman namin. Pinilit nila kami, kahit yung mga kaklase namin na may magulang na nandun, ayaw lumapit sa magulang kasi natatakot sa pulis. Sinabihan kami na huwag lumaban,” she added.

(We felt fear and worry. They forced us. Even our classmates whose parents were there, they could not go to them because they were scared of the police. We were told not to resist.)

READ: 'Lumad school volunteer moved from detention without knowledge of counsel, family'

Congressman cuts off testimony

While Haictin was giving her statement, House Senior Deputy Majority Leader Jesus Crispin Remulla (Cavite) cut her off and claimed that that she has "been radicalized by people who run the school." 

Earlier in the hearing, Remulla also cut off Rius Valle, spokesperson of the Save our Schools Network, and said the panel would not allow spokespersons without personal knowledge of the hearing to speak.

He claimed Valle, who was giving his opening statement on Bakwit schools, was getting "propaganda value" from being allowed to speak.

Rep. Carlos Zarate (Bayan Muna party-list) pointed out that Haictin was giving her personal testimony of the very incident the House panel is looking into. "Let us listen to them," he said in Filipino.

But Remulla, with his voice raised, claimed the child was being used for propaganda.

Rep. Jesus Suntay (Quezon City), who is panel chair, called for orded but Remulla said: "The hearing is being recorded and the propaganda value of these statements can be alarming."

"It may favor Zarate’s interest, but I don’t think the committee should listen to this."

Zarate said that Remulla has already prejudged the incident.

"We are members of Congress and have the right to assess. Earlier, he said he wants someone with direct involvement. Now that a victim is speaking, he wants to stop [her]."

Police Brig. Gen. Ronnie Montejo, chief of Police Regional Office-7 in the Central Visayas, said they launched the rescue operation after some of the student's parents of the children asked for their.

Montejo said six parents filed a joint affidavit and said they had not been in contact with their children for three years.

Consent documents?

The Commission on Human Rights’ Leo Villarino, chief of the commission's investigation division in Region 7, said they immediately dispatched a quick response team when they learned of the raid.

He said the CHR continued their investigation to determine whether the rights of the children or of those arrested in the raid had been violated.

He said CHR conducted inspections, went to other venues that hosted the students and gathered documents. "We want to find out who are the personalities involved, but our requests were turned down by the PRO 7 because they are saying that's part of data privacy."

Villarino said that the PNP's complaint had an attachment that included affidavits of consent and that the CHR received affidavits of consent from the Save our Schools Network. He said they will compare the documents they received with that submitted by the police.

The provincial prosecutor of Davao del Norte this month dismissed kidnapping and other complaints against seven people arrested in the raid for lack of jurisdiction as well as for insufficiency of evidence and lack of probable cause. 

The government's anti-communist task force said it will file additional complaints against the seven.

Arrested teacher claims torture, coercion

Roshelle Porcadilla, a teacher at the Lumad Bakwit school and one of those arrested in the raid, told the panel she was detained at the Cebu City Police Office for more than six weeks. She said she experienced psychological torture there.

She also said she was forced to drop her lawyers from the National Union of Peoples’ Lawyers - Cebu and that police referred her to a different lawyer. She said the National Intelligence Coordinating Agency prepared the affidavit that she submitted.

Rep. Ma. Angelica Amante-Matba (Agusan del Norte) interpellated Porcadilla and asked her about her educational background and whether the school where she teaches has a permit from the Department of Education.

Porcadilla said they did but Matba said Lumad schools would not be shut down if they had permits.

READ: 'Rescued' Lumad children said they were taught reading and writing, not 'warfare training' — Cebu DSWS

Porcadilla said the school is being linked to the New People’s Army.  "Who will not be afraid if the military, police always go [to our school]? What can students, teachers do?"

Matba responded: "You don’t have to be afraid if you’re not doing anything wrong." 

This has long been the government’s assurance to the public and has been used in the "war on drugs" and in defense of the Anti-Terrrorism Act. 

But rights defenders and progressive groups, including those who have been red-tagged like the SOS Network has, have reported threats and harassment over government allegations that they are rebels and enemies of the state.

The House panel will conduct a second hearing and said they would invite parents of the children who were affected in the operation as well as regional officials of the Department of Social Welfare and Development to the next session. — Kristine Joy Patag

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