A Davao del Norte court dismissed two criminal cases filed against Porferio Tuna Jr, a National Democratic Front of the Philippines (NDFP) peace consultant for Southern Mindanao. The decision dated December 19 pertains to charges of serious illegal detention and robbery with violence.

The Regional Trial Court (RTC) Branch 31 upheld the motion to quash filed by Tuna’s lawyers. The court decided that the two cases fall under Tuna’s rebellion case already being heard at RTC Branch 57 in Mabini, Davao de Oro, in line with the Hernandez Doctrine.

The Hernandez Doctrine is a Philippine Supreme Court ruling which states that common crimes committed to promote rebellion are integrated in the rebellion charge itself. Such crimes include killing, arson, or theft committed.

Tuna’s lawyers from the Union of People’s Lawyers in Mindanao (UPLM) described the RTC 31 decision as “landmark” or a significant interpretation of the law.

After the cases were dismissed, the court ordered Tuna’s release. However, he remains detained due to the rebellion charge filed against him.

Tuna, 60, was arrested on October 2, 2024 by the Military Intelligence Battalion (MIB) of the 10th Infantry Division in Barangay Mankilam, Tagum City, Davao del Norte. He was then recovering from illnesses and health ailments.

He served as an NDFP consultant in the peace negotiations with the government of the Philippines in 2016 during the Duterte regime. He provided valuable insights to the NDFP Negotiating Panel on the situation of farmers, plantation workers, and minority groups in Southern Mindanao.

Free Tuna and other consultants

After the court issued its decision, the Communist Party of the Philippines (PKP) reiterated its call for Tuna’s immediate release.

Party chief information officer Marco L. Valbuena said the court’s decision exposed the Marcos regime’s “malicious tactic” of filing multiple cases to indefinitely detain and silence NDFP consultants. He also warned of the filing of more criminal cases against Tuna to prolong his imprisonment.

He added that Tuna’s arrest and detention constitute a blatant violation of the Joint Agreement on Safety and Immunity Guarantees (JASIG). This agreement between the government of the Philippines and the NDFP prohibits both sides from taking retaliatory actions against the negotiators and peace personnel of the other party.

Valbuena further said that the continuing detention of Tuna and 14 other consultants and staff involved in NDFP peace negotiations undermines efforts to build trust in the campaign to resume peace talks. “Since signing the Oslo Joint Statement on November 23, 2023, with the NDFP, Marcos and his representatives, along military officers have thrown numerous obstacles to prevent the progress of formal peace negotiations,” he said.

The Party urged all local and international human rights organizations, peace advocates, and democratic groups to support the calls for Tuna’s release. “We also join the Filipino people in demanding the release of nearly 700 political prisoners across the country,” Valbuena said.