In September 3, the Malolos Regional Trial Court dismissed the “terrorism” case filed by the 84th IB against 34 mass leaders and activists. Among those charged are Makabayan secretary general Nathanael Santiago, Anasusa San Gabriel, Servillano Luna of Anakpawis, and labor rights defenders Ed Cubelo and Rodrigo Esparago.

The court issued a “joint order” in response to four petitions filed by the defendants’ lawyers. One of these petitions was filed by the lawyers of Cubelo and Esparago on the same day. Consequent to the case dismissal is the court’s nullification of the arrest warrants for the accused.

The court cited the lack of probable cause in dismissing the case. It said the military did not prove that the alleged ammunition, explosives and other weapons were in the area and in the possession of the 34 accused during the encounter on October 8, 2023 and that they all conspired to shoot at 84th IB soldiers resulting in PFC Casayuran’s death.” The 84th IB also failed to prove that the 34 individuals they named were the same “20 armed individuals” they exchanged fire with during the encounter.

“This dismissal is a great victory for the progressives amid state weaponizing of the law against activists,” said Renato Reyes of Bayan.

“Stronger sanctions against the abuse of the Anti-Terror Law should be in place,” Atty. Kristina Conti, one of the defendants’ lawyers, said. “The decision of the Malolos Regional Trial Court Branch 12 points at glaring factual and legal errors in the charges – which simply tells us they should not have been approved by the prosecutors and filed by the military in the first place.

As many as 112 individuals have been charged with fabricated violations of the Anti-Terrorism Law and the Terrorism Financing Prevention and Suppression Act, Karapatan said.