Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that a labour leader falsely charged for robbery entered a plea of ‘not guilty’ at the beginning of his trial on August 23, 2012. In order to clear his and those of other activists, he submitted himself to the court proceedings, knowing full well that they are being prosecuted over fabricated evidence as a result of their human rights work.
CASE DETAILS: (Based on documentation by the Center for Trade Union and Human Rights (CTUHR) and the AHRC)
In April this year, the CTUHR reported that Ronald Ian Evidente, a trade union organizer and spokesperson of Kilusang Mayo Uno (KMU), and 30 others have been charged with criminal case of “Robbery in Band” at the Office of the City Prosecutor in Sagay City, Negros. The details of his human rights work is revealed in the aforementioned report. On August 23, 2012, Evidente entered a plea of “not guilty”.
The complaint, filed by Arn Belonio, property custodian of Sagay Agricultural Industrial Corporation (Saicor) and Sagay Aqua Ventures Corporation (Savecor), was in connection with the robbery incident which happened at the compound of Savecor’s in Sagay City, on July 16, 2011. Stolen during the incident were communications equipment, service firearms and ammunition belonging to the security guards at the compound.
In his complaint-affidavit, however, it was not Belonio who had “positively identified” the identity or names of 29 persons in the charge, but Freddie Sanchez. Sanchez, who was not even physically present where the incident has happened, had been admitted as witness for the prosecution and his testimony used as evidence. He claimed to be a former rebel leader and that he was in a meeting when the rebels planned the robbery.
But in Sanchez’ testimony, he did not provide any details as to whether the persons he had identified to have planned the robbery “sometime during the 1st week of July 2011” were also present and the same persons who had carried out the robbery. Nevertheless, the prosecutor admits his testimony to conclude there was “probable cause.”
Also, even the identification of Ruel Bulanon, a worker at Savecor, who was present at the crime scene, of the two persons who robbed their compound, namely Rogelio Danoso and Joefrel Along, was not his own “positive identification”. Bulanon identified them only when “Senior Police Officer 1 (SP01) Danilo Geroldo, intel (intelligence officer) PNCO of Sagay City Police Station showed to me their rogue gallery of members of the NPA.”
Despite questions as to the validity of the evidence, the prosecutor nevertheless resolved in December 20, 2011 to proceed with prosecuting the accused for “Robbery in Band” by copying and pasting verbatim the testimonies of Belonio and Bulanon in his resolution. None of the respondents were informed of the charges against them, nor were they given opportunity to respond to the allegations.
For his part, Evidente had a very strong defense of alibi as he was neither present at the planning nor at the actual robbery. He was busy organizing and assisting workers at the Our Lady of Mercy Hospital in Bacolod City beset by issues of suspension ad termination.
It was only on April 3, 2012, when one of the accused, Christian Tuayon, secretary general Bagong Alyansang Makabayan (Bayan), was arrested in a rally in Bacolod City, that the criminal charges against them was made known to the accused. Also, only this time that Evidente became aware of the order for arrest the Regional Trial Court (RTC), Branch 60, in Cadiz City, had issued on January 20, 2012. Evidente posted a bail of Php 15,000 (USD 355) for his temporary liberty.
SUGGESTED ACTION:
Please write letters to the authorities listed below asking for their adequate and immediate intervention for the withdrawal of criminal charges on the victims.
The AHRC is also writing separate letters to the Special Rapporteur on the situation of human rights defenders for her intervention on this case.
To support this appeal, please click here:
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _______________,
PHILIPPINES: Falsely charged labour leader plead 'not guilty' to clear name in court
Names of falsely charge activists:
1. Ronald Ian Evidente, spokesperson of Kilusang Mayo Uno (UNO) in Negros
2. Christian Tuayon, secretary general Bagong Alyansang Makabayan (Bayan)
There are 27 others listed as accused.
Details of the case:
The complaint for "Robbery in Band" was filed in July 2011 in connection with the robbery incident at the compound of Sagay Aqua Ventures Corporation (Savecor), in Sagay City. In December 20, 2011, the prosecutor concluded that there was a "probable cause" to proceed with the prosecution of the all the accused. On January 20, 2012, the court issued an order for their arrest.
Status of the case:
On August 23, 2011, Ronald Ian Evidente entered a plea of "not guilty" during the arraignment of his case. The pre-trial conference is scheduled on September 4, 2012.
I am writing to raise my deep concern on the prosecution of the 29 human rights and labour and activists and others, whose names are mentioned above based on patently unreliable testimony and evidence. I am of the opinion that the prosecution of these victims was a result of their human rights work.
I understand that on December 20, 2011, the prosecutor's office in Sagay City, Negros Occidental, has resolve to charge the victims for "Robbery in Band" based on the complaints of Arn Belonio, property custodian of Savecor; Ruel Bulanon, a worker at Savecor; and the supporting testimony of Freddie Sanchez, who claimed to be a former rebel leader and have known the rebels responsible in the robbery.
However, reading the prosecutor's resolution dated December 20, 2011 those were copy and paste of the verbatim testimony of Belonio and Bulanon. Neither Belonio nor Bulanon had "positively identified" the alleged rebels who robbed their compound where the communications equipment, firearms and ammunitions were stolen which could have legally justify for the prosecution of all the accused. None of them knows or had personal knowledge of the identity and names of the accused.
The prosecutor merely heavily relied on the testimony of Freddie Sanchez, a rebel returnee, who claimed to be present in a meeting with rebel the leaders sometime in July 2011 when the robbery was being planned. However, in his testimony, he provided no details whether those who took part in the meeting were actually the same person who carried out the robbery. In fact, Evidente has had a strong defense of alibi as he was neither present at the planning nor at the actual robbery. He was busy organizing and assisting workers at the Our Lady of Mercy Hospital in Bacolod City beset by issues of suspension ad termination.
I am deeply concerned by the prosecutor's use of unreliable and questionable evidence, the denial of due process and remedies of all the accused.
Firstly, it was Sanchez, a witness who himself had been under the control, influence and getting benefits from the soldiers, who identified the accused and not Belonio. Secondly, although Bulanon had identified two of the robbers or rebels, namely Rogelio Danoso and Joefrel Along; however, their identities were known when the intelligence officer of a local police showed to him photographs of persons in their "rogue gallery." Thus, Bulanon's identification of the two persons and others could not be reliable, but rather a result of the police intelligence prodding for him to come out with names.
Nevertheless, despite knowing full well that the charges on them are fabricated, Evidente had resolved to clear his name by submitting himself to a court process at the commencement of trial of his case on August 23, 2012. Evidente pleaded "not guilty" to all the charges. He likewise posted a bail of Php 15,000 for his temporary liberty.
It is disappointing that Evidente and other activists would have to submit themselves to criminal proceedings over a patently fabricated criminal case on them. I am of the opinion that the prosecution and the filing of this case were as result of their human rights work. The AHRC has documented similar cases in the past. I therefore urge you to ensure that the charges are withdrawn.
I trust that you take immediate in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
2. Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com
3. Director General Nicanor Bartolome
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +63 2724 8763
Tel: +63 2 726 4361/4366/8763
E-mail: ruth_cossid@yahoo.com
4. Ms. Leila de Lima
Secretary
Department of Justice (DOJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
