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Castro, Ocampo guilty of 'endangering minors' –court
By J.Lo
"Acts of accused clearly show that they failed to take necessary precaution to safeguard safety and well-being of children when they transported Lumad learners from Sitio Dulyan to Tagum City," court in Davao del Norte has found Rep. France Castro (ACT Teachers party-list) and former Rep. Satur Ocampo (Bayan Muna party-list) guilty of endangering minors in 2018, sentencing them to up to six years in prison.
In 26-page decision promulgated on Monday, Tagum City Regional Trial Court's Brand 2 convicted Castro, Ocampo and 11 others for violation of Section 10a of Republic Act 7610 or Special Protection of Children Against Abuse, Exploitation and Discrimination Act.
Castro and Ocampo were sentenced to four to six years and ordered to pay P10,000 as civil indemnity and P10,000 as moral damages to each of 14 minors involved. Amount would also grow with interest rate of 6% per annum until full payment.
Castro and Ocampo's co-accused are Ma. Eugenia Victoria Nolasco, Jesus Madamo, Meriro Poquita, Maricel Andagkit, Marcial Rendon, Marianie Aga, Jenevive Paraba, Nerhaya Talledo, Ma. Concepcion Ibarra, Nerfa Awing, Wingwing Daunsay
Other respondents, namely Edgar Ugal, Ryan Magpayo, Eller Ordeniza and Jurie Jaime, were acquitted.
Decision can still be appealed through motion for reconsideration in the same court.
Case stemmed from accused's participation in November 2018 mission, they argued, aimed to rescue to Lumad schools and teachers from food blockade and forcible closure of school by paramilitary group in Talaingod, Davao del Norte.
In its ruling, however, court said Castro, Ocampo and their co-accused endangered children by taking them on "dark and unsecured road" where they walked for hours, risking potential harm from either government troops or communist New People's Army guerrillas operating in the area.
It also found no valid justification for the group to take minor students out of Sitio Dulyan campus. "Upon review of records, it is worthy to stress tribal leaders of communities only demanded teachers to leave school as their services are no longer needed," the decision read.
In 2018, Save Our Schools, network of child-focused organizations, rejected military's claims against Lumad schools as recruitment grounds for communist rebels. It argued teachers and students were fleeing harassment at Sitio Dulyan in Talaingod from paramilitary group "at the instigation of 56th Infantry Battalion" of Armed Forces of the Philippines.
Castro and Ocampo, members of progressive, left-leaning party-list bloc called Makabayan at House of Representatives, called decision "unacceptable and unjust."
"This wrongful conviction speaks of continuing persecution of those who are helping and advocating for rights of Lumad children and persistent attacks on Lumad schools and communities, persons who are actually responsible for forcible closure of schools as well as threats and harassment have never been investigated… clear miscarriage of justice, and we will strongly question this decision in all venues possible," their joint statement read.
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