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Acquitted Himamaylan 7 focus on rebuilding lives before counter-charges

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NEGROS OCCIDENTAL, Philippines – Two days after their acquittal, the Himamaylan 7 and their legal team are weighing counter-charges against the soldiers who red-tagged and accused them of being behind a deadly 2018 ambush, but their immediate priority is to rebuild their disrupted lives.

The group’s lawyer, Rey Gorgonio, said on Wednesday, November 20, that while the group is considering legal action, they are focusing on picking up the pieces after nearly six years of incarceration.

“Their primary focus right now is on rebuilding their lives,” Gorgonio told Rappler. “Once they’ve stabilized their livelihood, we will convene to decide whether to pursue charges.”

Gorgonio said those acquitted may seek compensation for wrongful imprisonment under Republic Act No. 7309, which provides financial restitution to victims of unjust detention or violent crimes through the Department of Justice (DOJ).

The Reverend Farrah Malahay, Conference Minister of the United Church of Christ in the Philippines (UCCP)-North Negros Conference, said the UCCP would support the acquitted Himamaylan 7 if they chose to bring their accusers to court. However, she emphasized that filing charges is not currently their priority.

On November 18, Judge Rodney Magbanua of the Regional Trial Court Branch 61 in Kabankalan City handed down the not guilty verdict for the Himamaylan 7 – farmers, church workers, and community members – clearing them of involvement in the May 12, 2018 ambush that killed soldiers along the boundaries of Himamaylan and Kabankalan cities in Negros Occidental. The court ruled that there was no evidence linking them to the attack.

The original Himamaylan 7 is composed of Pastor Jimie Teves, Jodito Montesino, Jaypee Romano, Jasper Aguyong, Rogen Sabanal, Eliseo Andres, and Rodrigo Medez. All seven were arrested and placed behind bars in 2019. An eighth member, Susan Medes, who was arrested in 2023, was also cleared.

Gorgonio hinted at filing charges against the military witnesses who testified against his clients, describing their accounts as “false testimony” that led to years of wrongful imprisonment.

“The witnesses for the prosecution provided false testimony, claiming that my clients were responsible for the attack, which resulted in their imprisonment. The case we consider to file would be false testimony against a defendant,” he said.

Scared community

Malahay said many of their church members have grown wary of the military due to fears of being unjustly labeled as communists or falsely accused of crimes they did not commit.

She said the five of those acquitted were set to receive psycho-social support to help them recover from the stress and trauma they endured in jail before returning to their respective communities.

Malahay also reiterated the UCCP’s call for the government, particularly state forces, to stop accusing citizens for doing church and social work.

Gorgonio criticized the military’s actions, claiming soldiers were used to suppress and intimidate the local community rather than uphold the law as shown in the case of the Himamaylan 7.

“The military’s role is to serve the people, protect the Constitution, and maintain peace,” Gorgonio said. “However, how can there be peace when they provide false testimony against innocent individuals?”

The lawyer noted that the Himamaylan 7 had previously supported the military’s Community Support Program (CSP), only to later realize that the program’s knowledge of the area and its people was being used to target local community members.

“The community’s perception has likely shifted. Where there was once trust, there is now fear – fear of the military, which should not be the case. But because of their actions, particularly providing false testimony, that fear has taken root,” Gorgonio said.

He reiterated his sympathy for the families of the soldiers who lost their lives but stressed that innocent people should never be used as scapegoats, as this only perpetuates injustice. – Rappler.com