CEBU, Philippines — Kidnapping and serious illegal detention complaints have been filed against seven individuals arrested during an operation on February 15, 2021 that led to what the police called was a rescue of lumad minors brought to Cebu from Mindanao allegedly without consent from their parents.
"Seven individuals, including three adult Lumad students, two teachers, and two datus were subjected to inquest proceedings online at PRO-7 (Police Regional Office-7) at around 11 am this morning, Feb 17. Prosecutor Grazielynne Copuz was the inquest prosecutor. The clients were assisted by Atty. Neil Relampagos. Charges will be filed in Davao," reads the statement from the National Union of Peoples’ Lawyers (NUPL) - Cebu that is representing the seven.
NUPL’s Atty. King Anthony Perez said they have requested for a preliminary investigation. A PI would allow their clients to file a counter-affidavit to answer the charges.
The seven were identified as Chad Booc, 27; Jomar Binag, 27; Moddie Mansumoy-at, 20; Benito Bay-ao, 53; Segundo Melong; Esmilito Oribawan; and Roshelle Mae Porcadilla 21.
PRO-7 Director, Brigadier General Ronnie Montejo, also confirmed the conduct of the inquest proceeding.
"Bag-o lang gyud, na-inquest na... so far, sa atong assessment, lig-on kaayo atong mga ebidensya kay naa man ilang mga ginikanan; kauban nato ang mga social workers gikan sa Davao Del Norte,” Montejo said.
Both the NUPL and the Save Our Schools (SOS) Network have said the children actually had consent from their parents but Montejo said the parents would not have travelled to Cebu from Mindanao had they consented to the trip.
"Sa amo man gung pagsusi, niingon man gyud ang mga ginikanan nga wala gyud sila kabalo… mao gani nga ilang gipangita sa sulod sa pila ka tuig," Montejo said.
The parents arrived in Cebu City from Talaingod, Davao del Norte morning on February 15 just before the police hatched the operation that retrieved the children from a retreat house inside the Talamban campus of the University of San Carlos.
The university has already said that it decided to let the lumad delegation stay at the retreat house since they could not return to Mindanao when lockdowns in Cebu City were put in place in March 2020. The school had hosted the group on March 11, 2020 and the children were supposed to finished their “modular schooling” on April 3, 2020 and would have already returned to Mindanao.
Prior to USC, the group was hosted by four other educational institutions.
Montejo said PRO-7 will “respect” the claim of SOS that the police took the parents’ consent forms during the operation on February 15.
Documents are now being processed for the parents and the children to go back to Mindanao.
Not Terrorists
PRO-7 has said that the children “are victims of indoctrination and recruitment by the Communist Terrorist Group and exploitation by the Salungpungan, as they were used during protest rallies against the government. They also asked for donations using the IP minors.”
SOS national lead convenor Eule Rico Bonganay denied this.
“Hindi po sila terorista. We condemn their raid. Hindi yan rescue. Walang illegal sa Lumad Bakwit School program. We are not training these children to become a child warrior or terorista. The children are properly documented at hindi totoo na walang mga parent’s consent sila,” Bonganay said in an interview with The Freeman Wednesday.
Bonganay said the children studied at the Lumad Bakwit School, which is one of their beneficiaries. They reportedly studied under the IP Curriculum, which puts emphasis on, among others, sustainable agriculture, their own culture, and their rights, aside from the regular subjects like English, Math, Science, and subjects under the DepEd curriculum.
He said that officially, children under the bakwit school are not enrolled, which is the reason why they continue to fight for the Department of Education to recognize the curriculum.
“The DepEd curriculum and the IP curriculum, may difference talaga. At yung mga lumad naman ay mag-enroll sa usual schools, they are often discriminated kasi nga they do not wear school uniforms because it is in their own culture na magsuot sila ng kanilang traditional dress. Also the language barrier. Kaya this bakwit schools are their alternative way of learning here,” Bonganay said.
He said there were 235 lumad schools in Mindanao that taught over 5,000 lumad kids but majority of these schools were ordered closed by DepEd, which resulted to the children evacuating to other areas.
To assist the displaced lumad children and help them continue their education, SOS was established in 2000.
According to its Facebook page, SOS is a network of child rights advocates, organizations and various stakeholders working together to bring light and take action on the ongoing violations of children’s right to education, particularly those in the context of militarization and attack on schools.
It added that the education provided by lumad schools empower both young and old, not just to read and write, but to improve their economic status, health and defense of their ancestral land from incursions like mining and plantations.
CHR probe
Yesterday, Commission on Human Rights (CHR)-7 chief investigator Leo Villarin said they have already submitted a report to their head office on their initial investigation into the police operation on February 15.
A follow-up investigation was conducted yesterday.
"What we are concerned about is the human rights violation that is being committed during the so-called rescue of the minors at the retreat house," Villarin said.
He said those who were arrested also have Constitutional rights that were believed to have been violated during the operation. The operation may also have been traumatic to the subjects as it involved arrests despite being described as a rescue.
"Precisely we understand that there was a presence of the police officers to secure the operations, pero murag labo-labo ang nahitabo," Villarin said.
Among the areas CHR is investigating are the lumads' right to counsel, possible violation of their constitutional rights, and whether or not intimidation was employed on the children during the operation. — Mitchelle L. Palaubsanon, JMO (FREEMAN)