‘Mabinay 6’ now with kin after court acquittal
DUMAGUETE CITY—After seven years in detention, the families of University of the Philippines (UP) Cebu alumna and activist Myles Albasin and five others welcomed them back in tears as they walked free Monday, after the Regional Trial Court Branch 42 in Dumaguete ordered their acquittal.
The court ruled the prosecution failed to prove their guilt beyond reasonable doubt.
The group, known as the “Mabinay 6,” were arrested in Mabinay, Negros Oriental, in March 2018 following an alleged encounter with state forces. Acquitted alongside Albasin, a resident of Cagayan de Oro City, were Randel Hermino, Carlo Ybañes, Joemar Indico, Joey Vailoces, and Bernard Guillen.
The acquitted were released from the Dumaguete City District Jail before sundown after they secured clearances from the court.
Albasin, now 29, was on an exposure trip with farmers when arrested by the military on March 3, 2018, in Barangay Luyang of Mabinay town, with the five others.
Loopholes
At th time of their arrest, the Philippine Army claimed the six had engaged in a five-minute firefight with the 62nd Infantry Battalion and that a subsequent search allegedly yielded 12 firearms, ammunition, and explosives from them. They were charged with illegal possession of firearms and explosives.
However, paraffin tests conducted by the Negros Oriental Provincial Crime Laboratory showed negative results for gunpowder residue, contradicting the military’s claims of a shootout.
In its 39-page decision, the court found “numerous loopholes in the evidence offered by the prosecution, making their version doubtful.”
“In conclusion, the Prosecution failed to establish the guilt of all the six accused, and therefore, they are entitled to an acquittal,” the court ruled.
The acquittal was welcomed by the defense team, led by lawyer Antonio Gabriel La Viña.
“The narrative presented against Ms. Albasin was riddled with inconsistencies and a complete lack of credible evidence,” lawyer Jayvy Gamboa, co-counsel of the acquitted, wrote in a statement.
“The defense successfully demonstrated that the claims of a five-minute gun battle and the alleged recovery of high-powered firearms and explosives were implausible and wholly unsubstantiated” he added.
Gamboa said the court also noted irregularities in the handling of evidence.
“The court’s ruling is a resounding vindication of her innocence and an affirmation that truth and justice will prevail,” he said. “This sends a clear message that an individual cannot be stripped of their rights and freedoms based merely on suspicion, misplaced profiling, or the mere fact of being in a conflict area.” —WITH A REPORT FROM CONG B. CORRALES
