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A Quezon City Regional First Instance Court (RTC) found communist rebel couple Benito and Wilma Tiamzon guilty of kidnapping and serious illegal detention for holding an army officer captive for more than two months 32 years ago. They were sentenced to up to 40 years in prison.
In an 18-page decision, Judge Alfonso Ruiz II of Quezon City RTC Branch 216 also ordered the couple, who had served as consultants to the National Democratic Front of the Philippines (NDFP) in peace talks with the Duterte government, to pay the now retired officer, Abraham Claro Casis, P255,000 in moral and exemplary damages and civil compensation.
Failure to attend hearings
Following a motion by the prosecution, the court ruled that because the couple did not attend hearings since 2018, they had waived their right to present evidence.
Three other soldiers were held captive with Casis for 75 days by the New People’s Army (NPA) in Quezon province in 1988, but only Casis, then a lieutenant, filed a criminal complaint. Casis, who retired as a brigadier general in 2019, and the other soldiers were released by the late NPA leader Gregorio “Ka Roger” Rosal in August 1988.
The NPA is the armed wing of the Communist Party of the Philippines (CPP), which has led the insurgency for half a century.
The court said that “there was no reason not to believe the plaintiff’s testimony, considering that his narration of the events was direct, categorical and consistent with the natural course of things.”
‘Lack of denial’
He said that “the credibility of the complainant is reinforced by the defendant’s lack of denial.”
Rachel Pastores, a managing attorney for the Public Interest Law Center representing the couple, said that, like other peace consultants, the Tiamzons were slapped on trumped-up charges.
“But [they] They were unable to defend themselves effectively in court because they and their witnesses are constantly subjected to death threats, harassment and surveillance. They could easily have presented evidence in their defense and disputed the clear lies of the only prosecution witness, a high-ranking member of the military, ”he said in a statement.
Convicted communist rebel peace talks consultants Benito and Wilma Tiamzon show their militancy during a forum on the peace process in Pasig City on September 23, 2016, a month after they were released on bail in a kidnapping case. to be able to join the conversations. A Quezon City Regional Court of First Instance convicted them on Friday of kidnapping an army officer in 1988 and sentenced them to 40 years in prison. —PRODUCE PHOTO
Military cheering decision
Before the court gave the decision, the defense presented a demonstration regarding the serious threats against the NDFP peace consultants, citing the murder of two other consultants: Randall Echanis and Randy Malayao.
“The defamation of the Tiamzons, led by the president himself, has restricted his space to remedy or alleviate at this time. Given the current factual environment, the Tiamzons, along with other peace consultants facing bogus charges in court, cannot benefit from a fair trial, ”Pastores said.
The military called the Tiamzon couple’s conviction a “victory” against the NPA.
Major General Edgard Arévalo, a spokesman for the Philippine Armed Forces, said the army will continue to strengthen its determination to bring similar “criminals” to justice “in honor of the victims of violence” by the rebels.
“The many victims of the atrocities of the NPA and the Armed Forces of the Philippines rejoice in the condemnation of two NPA leaders and members of the PCP Central Committee, Benito and Wilma Tiamzon,” Arevalo said in a statement.
‘Triumph of the justice system’
He added that the military “will continue to hunt them down.”
Presidential spokesman Harry Roque said the court’s decision was a “triumph of the justice system.”
“The long arm of the law finally reached the Tiamzon couple,” Roque said. “It clearly shows that the wheels of justice continue to run.”
Casis told the court that during his arrest by the rebels, he saw the couple Tiamzon and Rosal holding meetings.
“They belong to the core group. I saw them holding meetings and implementing orders that they claimed came from above, “Casis testified.
Allowed to join talks
The Tiamzons were arrested at a police-military checkpoint in the city of Aloguinsan in Cebu province in March 2014 and were detained on charges of illegal possession of firearms, explosives, and incendiary devices.
They were indicted on the kidnapping charges on April 8, 2014, but refused to plead guilty.
The Tiamzons were released on bail in August 2016 to allow them to participate in the peace talks in Norway. In November 2017, President Duterte ended talks with the rebels.
Back
Less than two months later, in January 2018, a Manila court, citing the termination of the talks, ordered the re-arrest of the couple, who had gone into hiding.
In March 2018, the Tiamzons were included in a list of some 600 people that the government had asked a Manila court to be declared a terrorist, along with the CPP-NPA.
The Tiamzons also face murder and attempted murder charges, in addition to other cases of kidnapping and serious illegal detentions.
Tainted ID
His lawyers pointed out that the identification in the Tiamzons court in the kidnapping case was tainted as Casis, during the extrajudicial identification, was presented with photos of the couple.
However, Ruiz said the argument “was not convincing.” Following the Supreme Court’s explanation of the extrajudicial identification procedure, it said that the author’s identification was reliable and admissible.
Ruiz added that Casis was presented with multiple photos, not just of the couple. —WITH REPORTS FROM PATRICIA DENISE M. CHIU, LEILA B. SALAVERRIA AND INVESTIGATION OF INQUIRER
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