CA confirmation of unjust verdict against Talaingod 13, a criminalization of Lumad rights defense
“Unjust and unacceptable”—this was how defenders of minority rights, human rights, legal, and other advocacy groups described the Court of Appeals (CA) confirmation of the court’s verdict against the Talaingod 13. The court convicted the Talaingod 13 of “child abuse” on July 15, 2024. The CA in Cagayan de Oro affirmed this verdict on December 16.
The Talaingod 13 were members of a delegation that rescued Lumad teachers and students in Talaingod, Davao del Norte on November 28, 2018. The group included former Bayan Muna Rep. Satur Ocampo, ACT Teachers Rep. France Castro, school administrator Ma. Eugenia Victoria Nolasco, and former teachers Jesus Madamo, Meriro Poquita, Maricel Andagkit, Marcial Rendon, Marianie Aga, Jenevive Paraba, Nerhaya Tallada, Ma. Concepcion Ibarra, Nerfa Awing, and Wingwing Daunsay.
“In November 2018, we responded to the call to rescue the Lumad students. A quick response was needed, and that was what we did,” Castro said regarding the decision. “The court disappointingly failed to recognize the Special Parental Authority role of teachers and the imminent danger the children faced.”
She said the teachers and others in the Talaingod 13 committed no wrongdoing.
“The real abusers are the Armed Forces of the Philippines, Philippine National Police, National Task Force to End Local Communist Armed Conflict, and their paramilitary forces who bombed schools, imposed food blockades, and drove thousands of Lumad from their ancestral lands to pave the way for mining and plantations,” Castro said.
Ocampo said he would not back down from the case even if he reaches 90 years old, and that he would continue as an activist fighting repression, exploitation, and killings.
“I have been an activist for over 60 years,” he said. “The cases filed against us are insulting, insinuating that I would endanger children, which is absurd.”
“This unjust decision not only attacks against Ka Satur, Teacher France, and the entire Talaingod 13. It directly attacks us Indigenous Peoples, especially the Lumad,” Panaghiusa co-convenor and Katribu national convenor Beverly Longid, said. She said this is part of the state’s broader strategy to silence Indigenous Peoples, particularly the Lumad, as well as activists and supporters of their struggle like Ka Satur and Teacher France.
She added that the state and its cohorts criminalizes helping the Lumad in their ongoing fight against the plunder of their ancestral lands.
“The Talaingod 13 are not criminals. They are defenders of Lumad rights,” she said. The state exploits the law and fabricated charges against activists, Indigenous Peoples, and their supporters, she added.
Atty. Tony Lavina stated that the Talaingod 13 did the right thing in rescuing the Lumad youth from the looming attack.
“They deserved to be commended for their humanitarian mission and not convicted of child abuse.” He said he would always stand with the Talaingod 13.
At a press conference held by the Talaingod 13 and their supporters on December 19, they renewed their call for the immediate dismissal of the unjust verdict and for justice for the Lumad who are relentlessly victimized by militarization and state violence.