Pastor, Himamaylan 7 acquitted of murder-rape charges

BACOLODE CITY — A United Church of Christ in the Philippines (UCCP) minister and his co-accused, known as the “Himamaylan seven,” were acquitted of two counts of murder and seven counts of murder on Monday, November 18.

Judge Rodney Magbanua of the Regional Trial Court (RTC) Branch 61 in Kabankalan City, Negros Occidental found no sufficient evidence against UCCP Pastor Jimie Teves, government work order clerk Jodito Montesino, Susan Medez, Jaypee Romano, Jasper Aguyong, Rogen Sabanal, Eliseo Andres and Rodrigo Medez.

They were accused of killing two army soldiers of the 62nd Infantry Battalion and wounding seven others during an encounter in Barangay Tan-awan, Kabankalan City, on May 12, 2018, two days before the barangay elections.

“We sympathize with the families of those who died and were injured during the encounter, but it is also wrong to imprison those who were innocent of the charges. It does not lead to justice, but rather exacerbates injustice,” said lawyer Rey Gorgonio.

Gorgonio also said his clients were red-tagged and falsely accused by authorities.

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“They are farmers and indigenous people from Barangay Buenavista, Himamaylan,” he added.

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Teves testified that he was a UCCP pastor and that the other suspects were his church members. They were also members of Tribu Ituman, a group of indigenous peoples who wanted to help and assist farmers in taking advantage of the government’s projects.

They were dubbed the ‘Himamaylan 7’ because initially the seven men, apart from Teves, were arrested and jailed in June 2019.

In its ruling, the court cited a lack of credible evidence and procedural irregularities during the investigation.

The court also ruled that the testimony of the prosecution’s witnesses was insufficient to prove the suspect’s guilt.

“A criminal case depends on the strength of the prosecution’s evidence and not on the weakness of the defense,” it added.

Although the prosecution successfully established that all the elements for the crime of murder are present in this case, the court said it cannot enter a judgment establishing a finding of guilt when the identity of the perpetrators of the crime is questionable.

“The suspect has not adduced any evidence other than the double defense of denial and alibi. They said they were preparing for the May 14, 2018 elections. But while denial and alibi are indeed inherently weak defense mechanisms, they cannot simply be dismissed when the special circumstances of their arrest and their extrajudicial identification raise serious doubts about the reliability of the testimonies of the eyewitnesses,” the court said.

According to the UCCP, “Church leaders expressed relief at the acquittal, calling it a victory for truth and justice. The acquittal of Pastor Teves and his company is an answered prayer of the entire church. It also serves as a testament to the power of community support.”