CA affirms conviction in Talaingod 13 case

MANILA — The Court of Appeals on December 19 affirmed the conviction of former lawmakers and others in the so-called Talaingod 13 case, upholding a lower court ruling that found they violated child protection laws by endangering Lumad minors during a 2018 incident in Talaingod, Davao del Norte.

The ruling sparked renewed criticism from the Makabayan bloc and other national democratic groups, which described the decision as political persecution and an attack on indigenous rights. Former rebels with direct knowledge of the incident, however, said the ruling merely affirmed accountability for actions they claim were carried out under the Communist Party of the Philippine's directives.

In an interview, Arian Jane Ramos, former secretary of the New People’s Army’s Guerrilla Front 55, said those involved in the case should face the consequences of what she described as their “Party-directed actions.”

“By allowing Lumad children to face the dangers of a so-called ‘rescue mission’ in compliance with Party directives, Ocampo, Castro, and the others clearly crossed the line,” Ramos said. “If they truly believe there was nothing wrong with what they did, then they should be honest enough to admit that they were in Talaingod because the Party told them to.”

Government officials, meanwhile, stressed that the case was decided on evidence and law, not ideology. In a statement, the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) said the ruling was “a victory not just for the Lumad communities of Mindanao, but for all indigenous peoples across the country,” emphasizing that the courts ruled on specific acts that endangered children.

What the case involved

The case stemmed from events in November 2018, when former Bayan Muna representative Satur Ocampo, ACT Teachers party-list representative France Castro, and 11 others were accused of violating Republic Act 7610, or the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

Prosecutors said the group transported 14 Lumad minors on foot from Talaingod, Davao del Norte, through remote and unsecured routes without written parental consent, without coordination with social welfare agencies or law enforcement, and without safeguards required when transferring minors.

The Regional Trial Court (RTC) in Tagum City ruled that these actions exposed the children to foreseeable danger, including possible armed encounters, hazardous terrain, and physical harm. The court found the accused guilty, imposed prison sentences of four to six years, and ordered the payment of moral and civil damages to the minors.

CA upholds RTC ruling

On appeal, the Court of Appeals found no reversible error in the RTC’s assessment of the evidence and affirmed the conviction. The appellate court did not rule on the legitimacy of Lumad schools, alleged mining interests, or the political motivations claimed by the accused, focusing instead on whether the elements of the offense under RA 7610 were proven.

NTF-ELCAC rejected claims that the ruling criminalized advocacy or dissent, stressing that constitutional freedoms remain protected.

“The ruling is not an assault on activism, dissent, or the right to advocate for indigenous peoples,” the task force said. “The conviction stems from specific acts found by the courts to have violated Republic Act 7610, which protects children from abuse, exploitation, and endangerment.”

Reactions from Talaingod communities

Following the RTC decision in July 2024, around 500 Lumad residents and supporters from Talaingod, Kapalong, Asuncion, and nearby towns in Davao del Norte gathered along the national highway fronting the Davao del Norte Sports and Tourism Complex in Tagum City, expressing support for accountability and calling for justice and reconciliation.

Rurelyn Bay-ao, a former member of the indigenous group Sabokahan, said she and others had firsthand knowledge of how the operation was organized.

“Previously, we assisted in organizing the masses in Talaingod and coordinated with Castro and Ocampo’s group,” Bay-ao said. “We knew that the plan to extract the children was orchestrated by the Party.”

Bay-ao later disclosed these details during the United Nations Permanent Forum on Indigenous Issues in New York City in April. Former CPP-NPA cadres and former Salugpongan teachers have likewise testified that they facilitated the movement of children from Sitio Dulyan to meet Castro and Ocampo in Barangay Sto. Niño, Talaingod, on November 28, 2018.

Focus on child protection

Officials underscored that the central issue in the case remains child welfare.

“Lest the focus is drowned out by noise, it should be remembered that the case is about child protection,” NTF-ELCAC said. “The State has a clear obligation to protect children from unauthorized transfers, exposure to harm, and exploitation, regardless of the cause invoked.”

Ramos echoed this point, saying accountability should not be confused with repression.

“This is not about silencing advocacy,” she said. “It is about drawing a clear line when children are placed in danger and making sure no one hides behind ideology to escape responsibility.”