There is no evidence linking ‘Himamaylan 7’ to the Western ambush of Negros

NEGROS OCCIDENTAL, Philippines — The murmur outside the courthouse swelled into a wave of sobs and cheers. Families, friends and supporters clutched each other in a mixture of relief and disbelief. After years of uncertainty and fear, the so-called “Himamaylan 7” – once accused of murder and frustrated murder – was acquitted.

Inside the Regional Trial Court Branch 61 in Kabankalan City, Negros Occidental, Judge Rodney Magbanua gave the words they had long prayed for: the charges lacked sufficient evidence to prove guilt beyond a reasonable doubt.

The defendants – Pastor Jimie Teves, Jodito Montesino, Jaypee Romano, Jasper Aguyong, Rogen Sabanal, Eliseo Andres and Rodrigo Medez – listened, some with visible emotion, as their long ordeal came to an end.

There was an eighth suspect, Susan Medezwhich added a late twist to the case. Unlike the others, she was not among the seven who were initially placed behind bars in 2019, a year after the cases were filed. Her arrest came years later, in 2023, when she faced the same charges.

On Monday, however, Susan’s fate was similar to that of the rest: she was also acquitted and, together with the seven, her name was cleared.

Deadly ambush

The cases stemmed from a deadly ambush on May 12, 2018 in Tan-awan village, along the borders of Kabankalan and Himamaylan towns, where two soldiers were killed and seven others wounded in an ambush against troops from the Army’s 62nd Infantry Battalion.

The soldiers killed in the ambush were Private First Class Vicente Marcon and Sergeant Sandy Arevalo.

The injured soldiers included Private John Daryle Delgado, Corporal Michael Besana, Private First Class Voltaire Catamin, Private Joven Taghap, Private First Class Kenneth Cerbo, Private Ryan Las Piñas and Corporal Angelito Barega.

The military then pointed fingers at the suspects, calling them members of the New People’s Army (NPA) who were allegedly involved in the attack. But from the start, the evidence seemed shaky.

The military’s initial report on the incident initially said the perpetrators were “unidentified.” But months later, the names of the ‘Himamaylan 7’ emerged. What followed was a story full of inconsistencies: Testimonies from soldiers who claimed they had previously known the suspects contradicted earlier reports.

Inconsistency

Gorgonio said the prosecution has failed to prove that the suspects were the perpetrators of the ambush. He noted that the military blotter report after the incident stated that the attackers had not been identified.

He also pointed out that the military did not release the names of the suspects until four months after the ambush.

During the initial hearing, the injured soldiers testified that they recognized their attackers and claimed that they had previously spoken to them during the Community Support Program (CSP) in the suspects’ community.

Gorgonio said the court questioned the testimonies because of an inconsistency: If the soldiers knew the attackers, why did the Army blotter report list the suspects as unidentified?

The inconsistency in identifying the perpetrators led the court to acquit the group, Gorgonio said.

He said Pastor Jimie Medez of the United Church of Christ in the Philippines (UCCP), one of the suspects, had long been a victim of red tagging due to his active role in organizing farmers and indigenous peoples (IPs) as part of the social ministry of the church.

Victory of the Church

Meanwhile, UCCP Bishop Fely Tenchavez said the court’s decision was a victory for their church members, who she said had been falsely accused and subjected to attacks for carrying out their ministry to help the marginalized.

“This ruling is important not only for the UCCP, but also for other religious groups and sectors facing similar accusations,” Tenchavez said.

“Since the church’s founding, it has been subject to attacks and labeled as communist. But now we have proven that we are not communists. We simply serve the needy and marginalized,” she said.

Tenchavez called on the government to protect those working to improve society, especially in rural areas.

“Let us not argue or fight anymore, rather let us unite and continue our advocacy serving the marginalized,” said Tenchavez.

The UCCP released a statement, part of which read: “In the face of repression, we will not remain silent. We will continue our prophetic ministry and strive for a world where justice, compassion and justice prevail. For we know that the chains that bind all political prisoners are not just chains of steel – they are chains of fear, silence and complicity.” – Rappler.com