Denied 'irregularities' of PNP toward Lumad 26 contradict procedures

By Gem Marquez and Joshua Tristan Montecillo

---

Two weeks have passed since the attack happened in a retreat house inside the University of San Carlos-Talamban (USC) in Cebu under the pretext of a “rescue operation” by the Cebu City Police.

Among the 26 arrested individuals were 19 Lumad children who were released to remain under the custody of the Department of Social Welfare and Development (DSWD). The remaining two teachers, two Manobo tribal leaders, and three adult Lumad students are being detained under the custody of the PNP Anti-Kidnapping Group at Police Regional Office-7 in Cebu.

The Save Our Schools (SOS) Network and other advocating groups condemned the police and state forces’ “rescue operation," saying that there were irregularities in their execution that “involved force and coercion."

Image source: Karapatan Facebook page

“What kind of rescue operation involved force and coercion by uniformed elements like the PNP, knowing that these students were victims of forced evacuation amid military and paramilitary operations in their indigenous people’s community in Talaingod, Davao del Norte?” Karapatan Secretary-general Cristina Palabay pointed out as quoted by their group's report.

However, the Philippine National Police (PNP) dismissed the allegations regarding these irregularities in their procedure.

Police Lt. Col. Aurora Rayos, information officer of Police Regional Office-Central Visayas, explained in an interview over ANC that the unannounced entry of the police and military last Feb. 15 was prompted by an alleged request of six parents from Talaingod, Davao Del Norte to get their children back to their hometown.

"The parents of the children asked for assistance including the social workers from Davao Oriental. They went to us for help to rescue their children," she said in the interview.

Rayos also said that the parents have sought help from the authorities because their children haven’t returned to their hometown for two years already.

Controversial

A discreet video call posted on SOS Network’s Facebook page last Feb. 21 revealed that the parents of other Lumad students were forced to travel to Cebu.

“Parati silang binabalik balikan ng mga pulis sa aming community,” answered by one of the Lumad students in Kamigin language when asked about how their parents were compelled.

(They [police] repeatedly go back to our community.)

“Napwersa lang talaga ang mga magulang namin dito. Siyempre, kung hindi raw sila pupunta dito, baka may mangyari sa kanila,” he affirmed after being asked several times.

(Our parents are just forced. Of course, if they’ll refuse to go here [in Cebu], something might happen to them.)

“Iniipit nila. Kinakausap ng mga pulis ang mga magulang namin na ipakuha ang mga anak nila dito sa Cebu," the Lumad student added.

(They are being conflicted. The police are talking to our parents to get their children here in Cebu.)

On the same day, thirteen Lumad minors from the Ata Manobo tribe fled to Davao Del Norte without their parent’s consent, accompanied by Lorena Bangoy, the municipal social welfare officer of Talaingod town.

Photo courtesy of the Police Regional Office in Central Visayas

The communication and advocacy officer of Children’s Legal Bureau Inc. (CLB), Lawyer King Perez, has reported that he tried to stop seven of the minors from departing while he was at Mactan Cebu International Airport, but failed to do so.

In a recent report in Inquirer, Perez said, “While their parents have been informed about this development, we are yet to receive information on the proper turnover of the students. We will also consult with our clients on possible legal actions to be taken after this incident."

One of the arrested Lumad students told in another video conference posted by SOS Network on their Facebook page last Feb. 24 that PNP Chief Gen. Debold Sinas bribed them [Lumad children] with P10,000 in exchange for their return to Mindanao.

“Bago pa noon Sir pinapili pala kami ng pulis. Sabi niya, dalawa lang ang inyong pagpipilian sa ngayon, tanggapin ninyo ang sampung libo, maka uwi kayo at may maibigay kayo sa inyong magulang na tulong o maiiwan kayo dito sa DSWD, dito sa Cebu at ‘di ninyo alam hanggang kailan,” told by the Lumad minor in Kamigin language.

(Before that Sir, the police made us choose. They told us that we only have two choices as of now, it’s either we accept the P10, 000, and we’ll be able to go home and have an allowance to give our parents as help, or we’ll be left here at DSWD, here in Cebu for an unknown period.)

However, the Lumad children disclosed that they turned down the bribe that offered their release.

According to SOS Network’s Facebook post, PNP officers and Sinas have visited the pension house the Lumad children are residing, and experienced intimidation and harassment under their presence.

“After nito, maraming nagsasalitang mga kasamahan kong [estudyante] pero binabaliktad nila ang mga sinasabi namin,” she shared on another video post.

(After this, a lot of us students are speaking our truth but they are twisting our words.)

“Tinuro turo niya ako tapos sinabing tatandaan niya raw mukha ko,” the Lumad child added as she recalled being berated by a police officer.

(He’s pointing fingers at me, and he said he will remember my face.)

Questionable transfer

Kabataan Party-list Representative Sarah Jane Elago announced last Feb. 28 that Roshelle Porcadilla was taken away from her detention by the authorities without the advice or jurisdiction of her lawyer and family at around 9 a.m. at Cebu City Police Office (CCPO).

Porcadilla was originally detained at the CCPO and was reportedly brought to the Police Regional Office-7.

Porcadilla was summoned by Sinas to the PRO-7 headquarters for a "talk," as stated by the SOS Network Cebu. According to the city's police, they are not responsible for where Porcadilla will be transferred, as they are only a "holding area."

A paralegal team from the SOS Network supposedly visited PRO-7 in search of Porcadilla, but they were told that she had been taken by Police Col. Robert Limbawan, PRO-7 Regional Intelligence Division chief.

According to a news report in Rappler, Limbawan was asked to give a statement yesterday on the whereabouts of Porcadilla. He stated that she was being held at the CCPO and denied the previously made allegations of her relocation.

“Hindi na-transfer ‘yan. Nasa CCPO detention cell sa Gorordo,” Limbawan said in a text message as reported by Rappler.

(She wasn’t transferred. She’s in a CCPO detention cell in Gorordo.)

Human rights groups have speculated that Porcadilla may be facing harassment and intimidation while detained.

“This is not the first time that Teacher Roshelle was hidden by the PNP. It took almost 24 hours before lawyers were able to see her after she was arrested. She also previously expressed that she was made to make a statement in an affidavit during a custodial investigation without counsel. She has also experienced intimidation by the people holding her custody,” according to a statement by the SOS Network.

A resolution was issued last Feb. 17 by lawmakers from the Makabayan bloc for the House committee on human rights to condemn and investigate the detainment of the ‘Lumad 26.'

The National Union of Peoples’ Lawyers (NUPL) Cebu Chapter has also questioned the detainment of the students, as well as the officials who have been giving them shelter since March of last year.

“The violent manner of taking custody over the Lumads despite the presence of social workers and a specialized PNP unit catering to women and children’s needs may have caused distress and trauma to them, especially since the majority of the persons taken were minors,” NUPL-Cebu said in a statement last Feb. 16.

Teacher Roshelle is just one of the Lumad bakwit school volunteer teachers that were detained last Feb. 15 along with other 6 individuals who will face charges of serious illegal detention and kidnapping.