DOJ recommends filing of grave oral defamation vs. activists Tamano, Castro

Department of Justice (DOJ) prosecutors recommended the filing of grave oral defamation charges against environmental activists Jhed Tamano and Jonila Castro over their remarks that they were abducted by soldiers.

In a 15-page resolution, the panel of prosecutors recommended Castro and Tamano to be separately charged for grave oral defamation under Article 358 of the Revised Penal Code (RPC).

The initial complaint of perjury was filed against them by Philippine Army’s 70th Infantry Battalion (70IB) commanding officer Ronnel Dela Cruz under Article 183 of the RPC. 

“Corollary, the real issue in this case is the statements spoken by respondents during the press conference which are directly contradictory to their ‘Sinumpaang Salaysay.’ Thus, based on facts and evidence on record, we find probable cause to indict respondents for grave oral defamation,” the panel said.

In September 2023, the NTF-ELCAC claimed that Jhed Tamano and Jonila Castro surrendered to the 70IB in Doña Remedios Trinidad, Bulacan in the same month.

It presented the two at a press conference, ostensibly to debunk reports of their abduction. However, the activists said they were abducted by the military.

“We consider the statements of respondents to be serious slander because the circumstances of the case show that they consciously, intentionally, and on purpose waited and chose the press conference which would be held in public to air their grievance and plight,” the DOJ said.

Justice prosecutors said the remarks of the two were made with “intent to strike deep into the character, honor, and reputation” of Dela Cruz and the Armed Forces of the Philippines. 

Under duress

According to the panel, it was not inclined to believe Tamano and Castro’s claim that their sworn statement was made under duress.

“In this case, respondents failed to demonstrate that at the time they executed their respective ’Sinumpaang Salaysay,’ there was an imminent and real danger of death or some great bodily harm upon their persons,” the DOJ panel said.

The panel noted that Tamano and Castro were assisted by a lawyer from the Public Attorney’s Office, who executed a sworn statement that the two “freely and voluntarily” executed their statement.

It also said representatives of the Commission on Human Rights (CHR) visited Tamano and Castro twice while they were with the 70IB and checked for human rights violations.

According to the panel, Tamano and Castro were also able to talk to Tamano’s parents.

“On these occasions, never did they mention to aforesaid persons about any coercive action employed by the complainant and his men,” it said.

The panel said the scenario of impending danger was not buttressed with concrete proof. Instead, it said it appeared that Tamano and Castro were properly treated and sheltered.

Further, the panel said it was not persuaded that the two were abducted.

“The evidence presented by respondents is anemic and insufficient to reasonably conclude that they were abducted. They could not specifically identify and name their abductors but merely insinuate that they are military men.”

Legal remedies

When sought for comment, Atty. Dino De Leon, the legal counsel of Tamano and Castro, said they have questioned the DOJ’s ability to conduct a fair preliminary investigation from the start, reiterating that Justice Secretary Jesus Crispin Remulla has allegedly pre-judged the case

“If supposed agents of justice will persecute victims of excesses of state agents instead of pursuing the truth, where will ordinary citizens turn to?” De Leon said in a message to reporters.

“The resolution of the investigating prosecutor is unfortunate, but (the Free Legal Assistance Group) will continue to exhaust Jhed and Jonila’s available remedies, protect their rights, and hold into account those responsible for the arbitrary deprivation of their liberty and psychological torture,” he added.

De Leon said they are also considering the filing of a motion for reconsideration before the Justice Department.

“The good thing for us is for the truth to prevail, that is, for the DOJ to recognize that this is a harassment suit only filed to cover up for the fact, as can be seen by evidence, that state agents were involved in the abduction of Jhed and Jonila,” he said.

The resolution, dated December 2023, was obtained by the media only today.—RF, GMA Integrated News