DOJ junks kidnapping raps vs, Joma, Colmenares, Elago over recruitment of student to Anakbayan

The Department of Justice (DOJ) has dismissed the criminal complaint against Communist Party of the Philippines founding chair Jose Maria Sison, Kabataan Party-list Rep. Elago, Bayan Muna chairman Neri Colmenares and other activists over the recruitment of a senior high school student to youth organization Anakbayan.

Prosecutor General Benedicto Malcontento has approved an October 15 resolution by the investigating prosecutors recommending the dismissal of charges for kidnapping and for enlisting 19-year-old Alicia Jasper Lucena into an armed group.

Elago, Colmenares, Sison and nine Anakbayan members were cleared of the charges.

Alicia's mother, Relissa Lucena, and the police Criminal Investigation and Detection Group (CIDG) filed a complaint last year alleging that Anakbayan recruited Alicia, then a minor, against her will while she was studying at the Far Eastern University.

They alleged Alicia was recruited to eventually become a member of the CPP-New People's Army-National Democratic Front of the Philippines (CPP-NPA-NDFP).

Relissa told a Senate hearing in August 2019 that Alicia was missing, but Alicia herself said she left home on purpose.

In a 12-page resolution, prosecutors said the charge for kidnapping and failure to return a minor under Article 270 of the Revised Penal Code punishes the "deliberate failure" of a custodian to return a minor to their parents or guardian.

In this case, the prosecutors said the complainants were unable to show that the Anakbayan members had been entrusted with custody of Alicia and that they failed to return her. Citing Relissa's own affidavit and Alicia's letter to her parents, the prosecutors said there were even times when the student went home.

As to the other charge for violation of Republic Act No. 9851, the prosecutors said the complainants "failed to prove that Anakbayan is an armed force or that the members thereof used children to participate in hostilities."

"As it appears in the evidence presented, Anakbayan is just a comprehensive national mass organization of the Filipino youth that is advocating for jobs, land reform, education, rights and justice," the prosecutors said.

"There is also no evidence presented showing that Anakbayan is the recruiting arm of or somehow connected to the CPP-NPA-NDF," they said.

While there were self-confessed NPA rebel returnees who "narrated the alleged modus operandi" of progressive youth groups in recruiting members to eventually become CPP-NPA-NDF members, the prosecutors said the two witnesses were not Anakbayan members.

The prosecutors also said nothing in Alicia's letter to her parents indicated her intention to join the CPP-NPA-NDFP, adding that while though Relissa had claimed she saw her daughter's notes about "armed struggle," she and the CIDG did not submit those as evidence.

"As it appears, the letter merely contains, among others, the predicaments, disappointments and bad experiences of Alicia with her parents from a young age, and her plan to leave them after she entered college," the prosecutors said.

In a statement, Elago welcomed the dismissal of the criminal complaint against her and other youth leaders.

"Pinatunayan lamang nito na walang katotohanan ang mga alegasyon na lubos na pinapakalat nina Badoy, Parlade, at NTF-ELCAC gamit pa ang pondo ng bayan upang siraan, gipitin, at patahimikin ang mga kabataan na naninindigan para sa hustisya at karapatan," she said.

Elago was referring to NTF-ELCAC spokesperson Undersecretary Lorraine Badoy and Lt. Gen. Antonio Parlade Jr.

"Itigil na ang mali at mapanganib na pagbabansag na ito na labag sa ating mga karapatan at nag-uudyok ng diskriminasyon, galit at kapahamakan. Tama na ang pagsasampa ng mga gawa-gawang kaso at pagtatanim ng ebidensya. Wala itong lugar sa ating lipunan," she added.

Second time

This is the second time Alicia's parents have lost in their legal actions over her joining Anakbayan.

Last September, the Supreme Court (SC) dismissed a petition by spouses Francis and Relissa for the writ of amparo and habeas corpus. The court said Alicia is not missing or being held against her will.

"Since the petitioner’s daughter has already attained the age of majority, which is 18-years old, [Alicia], in the eyes of the State, has earned the right to make independent choices with respect to the places where she wants to stay, as well as to the persons whose company she wants to keep," the SC said. — RSJ/AOL, GMA News