After almost 8 years, 2 Dumagat farmers released from jail as court dismisses false charges
- Panaghiusa Philippine Network
- 2 days ago
- 4 min read
Updated: 2 hours ago
Panaghiusa Philippine Network to Uphold Indigenous Peoples’ Rights welcomes the release of Dumagat farmers and political prisoners Avelardo “Dandoy” Avellaneda and Rocky Torres. Their freedom on May 9, 2026, following the April 30 Resolution of the Regional Trial Court Branch 65 in Infanta, Quezon, is a resounding vindication of justice long denied. For nearly eight years, they languished in detention over trumped-up charges of murder and illegal possession of explosives, designed to criminalize the Indigenous Peoples who defend their ancestral lands and assert their self-determination.
On May 14, 2018, during Barangay Elections Day, soldiers of the 2nd Infantry Division of the 80th Infantry Battalion of the Armed Forces of the Philippines (AFP) illegally arrested and tortured Dandoy and Rocky in Sitio Dadiangao, Barangay Umiray, General Nakar, Quezon. They were accused of being members of the New People’s Army and forced to admit involvement in the killing of Sgt. Junrey Samillano. Witnesses recounted how the two were beaten, tied, and coerced into false confessions, even made to hold and fire weapons under duress.
The Indigenous Peoples, church workers, former political prisoners, families and friends of victims of human rights violations, and human rights defenders gather on May 14 to welcome Avelardo "Dandoy" Avellaneda and Rocky Torres. They hold the Armed Forces of the Philippines accountable over the illegal arrest, torture, and prolonged detention of Dandoy and Rocky and call for the release of all political prisoners in the Philippines, May 14, 2026.
For years, their cases languished in court, repeatedly delayed due to procedural and administrative issues within the judicial system. The prosecution relied on contradictory testimony, unauthenticated photographs, and evidence seized during an unlawful, warrantless arrest and search. In its April 30 Resolution, the Court ruled that the prosecution failed to prove guilt beyond reasonable doubt. It underscored that conviction requires moral certainty, not suspicion, and that positive identification is indispensable. The testimonies themselves revealed that no one had actually seen the accused fire the fatal shot, and identification was made only after their arrest, rendering it unreliable. The supposed treachery alleged by the prosecution dissolved under scrutiny, as the incident was revealed to be an exchange of gunfire rather than a deliberate and calculated attack. The charge of illegal possession of explosives likewise collapsed, with the court noting the absence of corpus delicti and the failure to present the alleged items in court. The Resolution affirmed that the rights of the accused had been violated and that the prosecution’s case was insufficient, leading to their acquittal.
This victory is the fruit of collective struggle through legal defense, mobilization, and solidarity. We extend our gratitude to the Free Legal Assistance Group (FLAG), whose counsels took over the case in 2024 and exposed the fatal weaknesses of the prosecution’s evidence. We honor the Dumagat communities who, despite militarization, harassment, and red-tagging, continued to demand justice and assert their rights. We acknowledge the solidarity of the Indigenous Peoples, human rights defenders, advocates, church people, youth, and civil society organizations who amplified the call for freedom through petitions, fact-finding missions, protest actions, room-to-room discussions, forums, and international solidarity campaigns.
Funa-ay Claver (1st) of Katribu Kalipunan ng Katutubong Mamamayan ng Pilipinas discusses the "Sabukan On! Free All Indigenous Peoples, Moro, and Advocates Political Prisoners!" campaign; Ryan Serquina (2nd) of Kabataan para sa Tribing Pilipino challenges everyone, especially the youth, to join the call and efforts for the protection of human rights amid the culture of impunity that persist in the country, May 14, 2026.
We hold the 2nd Infantry Division of the 80th Infantry Battalion of the AFP accountable for the illegal arrest, torture, and fabricated charges that deprived Dandoy and Rocky of eight years of their lives. Their actions exemplify the systemic use of militarization and criminalization to silence the Indigenous Peoples and must not go unpunished. Accountability must be demanded not only in the courts but in the broader struggle against impunity.
The release of Dandoy and Rocky is proof that legal defense, mobilizations, and solidarity are inseparable in the fight for justice. It demonstrates that when communities, lawyers, and advocates act together, even the strongest walls of repression can be broken.
Yet this victory must not be treated as an endpoint. Their unjust imprisonment is part of a broader pattern of repression. Trumped-up charges, terrorist designation, and prolonged detention continue to be used against Indigenous leaders and defenders of land and life. Panaghiusa calls for the immediate release of all political prisoners across the country, especially the Indigenous Peoples and advocates who remain behind bars. We demand accountability from state institutions that perpetuate these violations and urge the dismantling of policies that criminalize dissent.
We stand in solidarity with the Dumagat people and all Indigenous Peoples’ communities whose struggles for land, life, and resources continue. Panaghiusa reaffirms its commitment to resisting criminalization, defending Indigenous Peoples’ rights, and strengthening collective efforts for justice and freedom. We support the “Sabukan On! Free All Indigenous Peoples, Moro, and Advocates Political Prisoners!” campaign by Indigenous Peoples’ organizations.
Free all political prisoners. End impunity. Uphold Indigenous Peoples’ rights. #
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