Dumaguete court acuits ‘Mabinay 6’

A Dumaguete court has acquitted youth leader Myles Albasin and her five co-accused, known as the Mabinay 6, of charges of illegal possession of firearms and explosives.

In a 37-page decision, the Dumaguete Regional Trial Court (RTC) Branch 42 acquitted Albasin, Jomar Indico, Carlo Ybañes, Randel Hermino, Joey Vailoces, and Bernard Guillen.

The Mabinay 6 were arrested in a military operation in Barangay Luyang in Mabinay, Negros Oriental on March 2018 on suspicion of being New People's Army (NPA) rebels.

According to the Court, there are no records that would prove that the encounter happened aside from a police blotter. It said that all witnesses who testified were from the Philippine Army and the police.

“There was no evidence that the six accused were seen firing or using the firearm, or that they were among the armed men who attacked and engaged the army in the armed encounter,” the RTC said.

“Considering that among the items allegedly confiscated from the possession of the accused were explosives and landmines, there was nothing in evidence which suggests the explosives and landmines were used by the armed group,” it added.

Aside from this, the court said that there was no proper handling of evidence.

“There was no clear testimony on how it was kept and segregated taking into account that there were numerous firearms and explosives confiscated,” it said.

The Court found many “loopholes” in the evidence offered by the prosecution, saying this made their version doubtful.

“Again, a testimony must not only come from a credible source, but must be independently credible. The testimony must confirm and be consistent with the experience of humankind,” it said.

“In conclusion, the Prosecution failed to establish the guilt of all six accused, and  therefore, are entitled to an acquittal,” it added.

The RTC ordered immediate release of the Mabinay 6 unless detained for any other lawful cause. —VAL, GMA Integrated News