Two union leaders from the National Capital Region (NCR), Rodrigo Esparago and Ed Cabuelo, were charged with “terrorism” or violation of the Anti-Terrorism Act (ATA) of 2020. The two filed a motion with the Malolos Regional Trial Court urging the court to dismiss the case on July 10.

Groups and supporters from Bagong Alyansang Makabayan (Bayan)-NCR and Karapatan-NCR held a protest before the courthouse alongside the filing. “The alleged violation of Rod and Ed in the aforementioned case is clearly madness. Rod and Ed are well-known unionists and workers’ rights advocates in Metro Manila,” Bayan-NCR said.

Cabuelo served as president of the Toyota Motors Philippines Corporation Workers Association (TMPCWA). For more than two decades, Cabuelo has been fighting for justice for the 237 workers illegally fired by Toyota as early as 2001. One of the champions of militant and patriotic unionism in Metro Manila, Cabuelo also served as chairman of Kilusang Mayo Uno-NCR.

Esparago is a co-founder of the Sandigang Manggagawa sa Quezon City (SMQC). Seventeen unions and associations were formed under his direction. As a representative of SMQC, he played a role in forging campaigns to give workers representation in the Quezon City Development Council. He was also key in the formation of the Alliance of Call Center Workers Metro Manila that promotes the rights and well-being of workers in Business Processing Outsourcing (BPO).

This is not the first time Esparago has been implicated in what Bayan-NCR calls a fabricated case. On December 10 2020, Esparago was among the seven unionists and a journalist, known as the Human Rights Day 7, who were simultaneously arrested. His case was later dismissed by the Mandaluyong Regional Trial Court and he was released on March 5, 2021.

“The attack against Rod and Ed is a tactic of the US-Marcos regime to suppress activists and unionists. The evil ATA 2020 is being used against those who fight for the rights and well-being of the people to justify their capture and imprisonment,” Bayan-NCR added.

Desperate attempt to link activists to the armed conflict

The “terrorism” charge stems from the AFP desperate attemtp to link the two labor leaders to an encounter between the 84th IB and the New People’s Army (NPA) in Barangay San Fernando Sur, Laur, Nueva Ecija on October 8, 2023. The NPA-Nueva Ecija already claimed responsibility for the said encounter.

In its statement, the NPA-Nueva Ecija said that at least four 84th IB soldiers were killed while many others were wounded during the encounter. The 84th IB soldiers were operating in densely populated areas and close to communities, the unit said, and the NPA tried to keep civilians out of harm’s way in the area when the fighting took place.

The 84th IB did the opposite, firing indiscriminately for almost an hour in disregard to the civilians’ safety. The report said a few minutes before the clash, the soldiers marched on the road spreading fear and terror among the civilians and tourists traveling to Seminublan Falls in the barangay.

In May, Karapatan national office also denounced the indictment of Nathanael Santiago, Anasusa San Gabriel, Rosario Brenda Gonzales, and Servillano Luna, Jr. in the same case. They are active members of organizations that promote the rights of the poor and oppressed.