'Mabinay 6' acquitted after 7 years in jail
MANILA, Philippines — A Regional Trial Court (RTC) in Dumaguete City has dismissed criminal charges against the “Mabinay 6”, who were arrested by the military in Mabinay town, Negros Oriental, in 2018.
Dumaguete City RTC Branch 42 acquitted the Mabinay 6 of all five criminal charges they faced, which include illegal possession of firearms.
The group is composed of Myles Albasin, Carlo Ybañez, Ajomar Indico, Randel Hermino, Joel Baylosis and Bernard Guillen.
The court ordered the individuals' immediate release unless detained for other lawful cause.
The six were arrested on March 3, 2018, in Barangay Luyang, Mabinay, Negros Oriental, after the Philippine Army's 62nd Infantry Battalion accused them of illegally possessing high-powered firearms.
According to the court, the prosecution “failed to establish the guilt of the six accused” because there are no records that would prove the encounter occurred, aside from a police blotter.
It explained that while the prolonged gunfire should have alarmed local residents and officials, no civilian witnesses, residents, or barangay officials were presented to confirm an armed encounter or even to testify that they heard any gunshots on the morning of March 3, 2018.
“All witnesses who testified that there was an encounter between the Army and about ten (10) armed men, which lasted about five (5) minutes, were from the Philippine Army and the police,” the court said.
“No civilian witness came forward to testify that there was a gun battle or encounter in Sitio Tumonon, Barangay Luyang, Mabinay, in the early dawn of March 3, 2018,” it added.
The court also noted that the evidence was not handled properly. It stated that there was "no clear testimony on how it was kept and segregated," especially given the "numerous firearms and explosives" that had been seized.
The court found that the prosecution's evidence had many "loopholes", which made their version of events doubtful and inconsistent with "the experience of humankind."
“Again, a testimony must not only come from a credible source, but must be independently credible. The testimony must conform and be consistent with the experience of humankind. In conclusion, the Prosecution failed to establish the guilt of all the six accused, and therefore, they are entitled to an acquittal,” the court’s ruling read.
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