Municipal court dismisses assault raps vs 43 Kidapawan farmers

A Kidapawan Court dismissed charges of direct assault against 43 farmers involved in the 2016 rally that ended in a deadly clash on a national highway in Kidapawan City.

In a 21-page order dated May 22, the Kidapawan City Municipal Trial Court in Cities granted the demurrer for evidence due to insufficiency of evidence and dismissed the case against the 43 farmers.

“As the prosecution has clearly failed to discharge its burden of overcoming the presumption of innocence of the accused by proving their guilt beyond reasonable doubt, the Court holds that it finds the evidence insufficient for their conviction with no recourse other than to dismiss the case which is tantamount to a judgment of acquittal,” the Court said.

On March 29, 2016, around 500 farmers began a protest in front of the National Food Authority office in Kidapawan City because of the effects of El Niño on their livelihood.

The next day, the 500 farmers ballooned to 6,000 and the protesters started to occupy the Kidapawan Highway. Police were then deployed in the area to negotiate with the protesters to clear the road. By Friday, tensions rose to the point that it resulted in a violent dispersal.

However, the Court said that while there is no dispute that the law enforcers were hit with stones, the prosecution failed to prove the identity of the persons responsible.

“It is worth noting that despite the numerous witnesses presented, the testimonies which have been obtained from them all paint the same picture as to how the accused were apprehended and arrested,” the Court said.

“Other than the officers’ account of what transpired on that date, no evidence was presented. Neither do any of the officers’ testimonies point to a specific accused as the same person who threw a stone toward members of the PNP,” it added.

Public Attorney’s Office (PAO) chief Persida Acosta welcomed the decision.

“We laud the court for giving justice to said farmers. This decision proves that justice will flow like a river in our country as the PAO and its poor clients are waiting for swift and just victories for the Filipino people,” Acosta said in a statement.

GMA News Online had sought comment from the PNP and the Justice Department, but neither had responded as of posting time. — DVM, GMA Integrated News