Lawyer Sees ‘Legal Loopholes’ In Military’s Claim That Activists Surrendered

The lawyer of the two environment activists allegedly abducted by the military has pointed out loopholes in the government’s claim that they surrendered to authorities.

In an interview on “One Balita Pilipinas” over One PH on Friday, Sept. 22, lawyer Dino de Leon cited initial reports that Jhed Tamano and Jonila Castro disappeared in Orion, Bataan on Sept. 2.

But the affidavits supposedly signed by the two were dated Sept. 12 or 10 days after their disappearance.

“So why were Jhed and Jonila not asked to sign affidavits right away? Why did it last 10 days? So we need to determine that. Why September 12… 10 days? What happened within those 10 days?” De Leon said in Filipino.

Initial reports said Castro and Tamano were abducted on the evening of Sept. 2 while for relief operations for areas affected by Manila Bay reclamation projects.

The government initially denied that they have custody of the two. But on Sept. 15, the National Task Force to End Communist Armed Conflict (NTF-ELCAC) held a press conference saying that the two surrendered.

Castro and Tamano were presented in another press conference in Plaridel, Bulacan on Sept. 19, where they were supposed to affirm the contents of the affidavits.

Instead, they accused the military of abduction, adding that they were “coerced” into signing the said documents.

Officials, including Defense Secretary Gilbert Teodoro, said they are considering filing perjury charges against the two activists.

But instead of further intimidation, De Leon said the government should instead be protecting the two. 

“The discourse right now, is for the NTF-ELCAC and military to do the right thing, I know there are good people there. They should not be ruining lives and engaging in cover-up operations,” De Leon said. 

“We urge the military and the NTF-ELCAC to do the right thing, and to ensure the safety and security of Jhed and Jonila,” he added.

Coercive environment

According to De Leon, Castro and Tamano were in a “coercive environment” when they signed the affidavits of their supposed surrender.

He noted that there was “something off” with the pair in the videos released by the NTF-ELCAC after their supposed surrender.

“You would know if a person is okay or if they were speaking the truth. You would see in their eyes if they were sincere in surrendering at that point in time… but they were mostly shocked, they could not speak,” De Leon said. 

“It’s very clear that they were not in full possession of their agency, because they were under custody of the armed forces,” he added.

He also questioned the military for not reaching out to the parents of the two, adding that they should have been allowed to have their own legal counsel.

“Why was the Public Attorney’s Office present when Jhed and Jonila are not even their clients,” said the lawyer.

Under the Rules of Evidence, De Leon said individuals under the custody of the state must be “assisted by counsel of their own choice” when making a sworn statement.

He said no court would accept the affidavits as these bypassed a “basic rule.” 

PAO chief Persida Acosta said that the public attorney did not force the two to sign the affidavits, adding that they already have it written before they met with him.

She maintained that the public attorney also interviewed the environmentalists to ensure that the contents of affidavits “came from their hearts.”