NTF-ELCAC welcomes dismissal of Tamano, Castro complaints

The National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) on Tuesday welcomed the Office of the Ombudsman’s dismissal of criminal and administrative complaints filed by environmental activists Jhed Tamano and Jonila Castro against military, police and national security officials.

The NTF-ELCAC Legal Cooperation Cluster (LCC) described the decision as a “significant legal vindication” for the task force, which it said had faced accusations over the case.

“The recent decision by the Ombudsman is a significant legal vindication of NTF-ELCAC which has been relentlessly accused, vilified, and subjected to prolonged harassment for merely performing its lawful mandate,” the LCC said.

According to the LCC, the Ombudsman, in a 24 June joint resolution, dismissed complaints for arbitrary detention, grave coercion, violations of Republic Acts 7438, 9745 and 10353, and several administrative offenses against former National Security Council Assistant Director General Jonathan Malaya and military, police, intelligence and other personnel.

The LCC quoted the Ombudsman as finding that Castro and Tamano “failed to discharge such quantum of proofs needed to establish prima facie evidence with reasonable certainty of conviction and substantial evidence against all respondents.”

The task force said the ruling underscored the need for allegations, particularly those involving abduction, arbitrary detention and torture, to be supported by sufficient evidence.

“Serious accusations must be established by competent and sufficient evidence—not by propaganda, publicity, or any political theater,” the LCC said.

NTF-ELCAC also maintained that allegations of abduction should not automatically create a presumption of state responsibility. It said allegations of enforced disappearance should be investigated and prosecuted when supported by evidence.

“Institutions of justice must never become instruments for political score or desperate attempts to undermine legitimate government programs,” the LCC said.

The task force also cited earlier litigation arising from the Tamano-Castro case. In 2024, the Court of Appeals denied their petitions for writs of amparo and habeas data after finding that the evidentiary requirements for the remedies had not been met.

“No amount of propaganda can substitute for evidence. No amount of repetition can turn an accusation into a fact,” the LCC said.

NTF-ELCAC said accusations can cause reputational damage to soldiers, police officers, intelligence personnel and civilian security officials even when subsequent proceedings do not establish legal responsibility.

The task force said it would continue carrying out its mandate against the communist armed insurgency and pursuing peace and development programs.

“No campaign of harassment will deter NTF-ELCAC from fulfilling its mandate to protect the Filipino people from the continuing threat of communist armed conflict and advance peace and development in the country,” it said.