Christmas in jail for crime she never committed

Teresita Dalaguit, 49, is spending Christmas in jail. Her only crime, if it could be called such, is to wish for her kin a tad better life than their miserable subsistence in the mountain barrio. That, and a justice system that discriminates against the poor and unlettered.

Fifteen days ago Teresita trekked four hours with three nieces to Dumaguete City port to see them off to Manila. Security guard Rodney Donasco pulled them out of the boarding line because, as he would attest later, “When I tried to view their physical appearance, they appeared to me like minors out to find work.” Hastily the three were referred to security supervisor Judy Sotomil who, suspecting human trafficking turned them over to the port police. Teresita went with the nieces. After short investigation, Supt. Rufino Valenzuela abruptly concluded “illegal recruitment in large scale.” The controversial anti-human trafficking NGO Visayan Forum, the city police, and the social welfare office were called in. At that point Teresita realized she was being accused of a non-bailable offense. Bewildered and in tears, she called Ana on her mobile for help.

Ana, wife of a Pangasinan vice mayor, could hear a male voice yelling “illegal recruiter.” Equally confused, she asked to talk to the accuser, who introduced himself as Romualdo Señeres of Visayan Forum. Ana explained the circumstances behind the situation:

Teresita is her former domestic of six years. Ever since she can remember, most of their house helpers came from Teresita’s Sitio Caloy-ahan, Barangay Cabagahan, Bais City, Negros Oriental. Forty-plus years ago an uncle had married a resident of that godforsaken place. Teresita had left Ana’s employ to care for a grandson on the untimely death of her son. Sadly for her the child was taken away by the remarried mom. With savings Teresita nursed her sick Tatay, and invested in a piglet to be raised backyard.

Recently Ana requested Teresita to select three neighbor-relatives to join others from their sitio already in her employ. Teresita complied in gratitude. Not only would the nieces have gainful work but also proper education; the more promising could become professionals, like a teacher-cousin who now has a house in Cavite.

“Have pity on poor Teresita who didn’t do anything wrong,” Ana pleaded with the man. “We’re a good family, you can check us out on Facebook or inquire with the Dept. of Interior and Local Governments.”

“Bah, nagne-name drop ka pa.” was the curt reply. “Itutuluyan namin ito para magsilbing leksiyon sa barangay nila.” Teresita was brought to police station for booking, then thrown in jail. Hungry and exhausted, she cried herself to sleep. It was past sundown of Dec. 8, ten hours since her ordeal began.

Next day the mothers of the three nieces arrived to fetch them: Elisa Balasabas, 21 years old; Charmie Grapa, 19, and the third a minor at 16. The moms attested that they consented to their working out of town. Teresita’s news of such work was godsend, as the crops were failing due to the El Niño drought. But they were too late for such assurances now, the shocked moms were told. The three already had been made to sign against their aunt Teresita a rap sheet – in pure English that they didn’t understand.

In their “complaint,” the trio mentioned no payment for Teresita to find them jobs. That negated the alleged illegal recruiting. The P4,000 for each that Teresita had received from the prospective employer was to buy them ship tickets, P3,500 and P500 pocket money. They signed only because made to believe it would solve their problem. “They wept when told that what they had signed would put Teresita away,” recounted Siegfredo Renacia, a paralegal and local news stringer.

Assisted by social worker Carmelita Peralta, port cop Valenzuela had prepared the joint affidavit in English. “They are signing for the purpose of filing a case of illegal recruitment against Teresita Dalaguit,” he reported to the city prosecutor.

All the judicial proceedings and documents – even the security guard’s affidavit (hmm) – are in English alien to Teresita. Supposedly police investigator Jinky Alalong read Teresita her rights in the Visayan tongue. Hopefully that’s true, and was done after first calming her down from confusion to understand. Alalong stated in her case referral that Teresita had no recruitment license from the labor office. But of course she doesn’t, for she does not do it for a living, only to help penurious kin.

One crucial document also is in English. In that paper prepared by Atty. Jason Bandal of the Public Attorney’s Office, Teresita waived her right to speedy inquest, and allowed the authorities to keep her behind bars for two weeks. Only last Monday was she brought to the city prosecutor’s office for preliminary investigation. It could not proceed, though, because her accusers were absent.

There has been no case resolution as of press time. Tomorrow the government would go on Christmas break. Who knows when the accusers would be back. Agencies determine on their own when to return to work after the drunken revelry.

Teresita will turn 50 on Dec. 31. She’s likely to spend her birthday behind bars too.

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