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Arrested farmers in Tarlac to seek dismissal of charges

By LLANESCA T. PANTI,GMA News

The over 80 farmers from Tinang, Tarlac, who were arrested last week will seek for the dismissal of the malicious mischief and illegal assembly charges filed against them by the government.

"We were not given the copy of the complaint-affidavit. Clearly, our clients' right to due process was violated," said Atty. Jobert Pahilga, one of the lawyers representing the farmers, at a press conference on Monday.

"We were surprised that the charge was an illegal assembly when an element of that is that people should be armed and aimed at committing a crime."

Pahilga said none of the farmers, who were cultivating land under the state's agrarian reform program when arrested, was armed.

"Ni isa sa kanila ay walang armas. Nagsasama ang mga magsasaka at kanilang supporters. Is that even a crime? Anong masama na magtipon-tipon ang mga taga-suporta at magsasaka? Hindi iyon krimen. May hearing sa Friday at magfafile kami ng motion to dismiss dahil alam namin na wala itong batayan at violation ito ng rights ng Tinang 83," he said.

(Not one of them was armed. The farmers were joined by their supporters. What is wrong with that? That is not a crime. We will be seeking dismissal of charges because these charges are baseless and are in violation of Tinang 83's rights.)

Pahilga made the announcement a day after 47 of the 83 farmers, collectively known as "Tinang 83," were released on bail by Tarlac police. The total bail of all those arrested reached over P3 million.

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Those charged were detained for at least three days. NNARA Youth's John Mark de Mesa, who was among those arrested, said they were placed in a jail cell that could only accommodate 60 people.

"Binalagbag lang po kahit ang matatanda, inakusahan po kaming NPA (New People's Army). Wala rin pong pagkain mula sa mga pulis, wala pong ventilation kaya meron po kaming mga kasamahan na nakaranas ng pagkahilo at pagkahimatay sa selda," De Mesa said.

(Even the elderly were treated harshly. They linked us to the NPA. They did not give us food, our room had no ventilation, so some of us fainted and suffered from dizziness.)

Award-winning poet Angelo Suarez of SAKA backed Pahilga, saying that anybody who is consuming food should stand with the rice farmers who are responsible for the supply of the country's staple food.

"Wala kami roon para manggulo, wala kami roon para magbibit ng armas. Naroon kami para makinig, matututo, makiisa sa mga magsasaka. Kahit sino naman na kumakain, responsibilidad natin na kumampi at samahan sa pakikibaka at ating mga magsasaka," Suarez said.

(We were not there to cause trouble and bring weapons. We were there to listen, learn from and stand with our farmers. Anybody who eats should understand and stand with the farmers in their plight.)

Police alleged that the farmers used a rotovator and demolished the sugarcane plantation owned by the Agriculture Cooperative.

Police said they tried to pacify the farmers and advocates, but they allegedly became unruly and tried to obstruct the law enforcers from performing their official duties. —KBK, GMA News