TINANG 83 | Court scraps illegal assembly, malicious mischief charges against Tarlac farmers, advocates

June 27, 2022 , 09:02 PM

(June 27, 2022) – A municipal trial court has junked the illegal assembly and malicious mischief charges against the farmers and advocates who were rounded up during a two-day protest in Tarlac, a farmers’ association said on Monday.

In an excerpt of the order published by the Malayang Kilusang Samahang Magsasaka ng Tinang (Makisama – Tinang), the Capas-Bamban-Concepcion Municipal Circuit Trial Court (MCTC) quashed the information for illegal assembly filed by the prosecutor for being “duplicitous” and because the allegations did not fall under the jurisdiction of a first-level court.

The information for malicious mischief was also quashed as “the facts charged do not constitute an offense,” and “the third element of malicious mischief was not alleged to them,” read the order signed by the court’s presiding judge Antonio Pangan.

The court has also ordered the referral of the case to the Department of Agrarian Reform Provincial Office (DARPO) in Tarlac, noting that a municipal trial court has no jurisdiction over an agrarian dispute.

“Sa huli, walang basehan ang Illegal Assembly at Malicious Mischief,” Makisama – Tinang said in a statement. “Nilinaw ng korte na ang DARPO ang may jurisdiction sa agrarian dispute para litisin kung may paglabag ang mga magsasaka sa kanilang makatarungang bungkalan.”

Last June 9, at least 83 farmers and their advocates were arrested by law enforcers during a “bungkalan” in Barangay Tinang in Concepcion, Tarlac, accused of destroying property during the activity. “Bungkalan” refers to the practice of farmers to till on a disputed land to assert their right to ownership of the land.

The arrested farmers were among those named by the DAR in 1995 as beneficiaries of the 200-hectare land, but they were left unaware of their certificate of land ownership award (CLOA) until more than two decades later.

They also discovered that the DAR had issued another CLOA over the land to a cooperative reportedly linked to a local political family.

Zoe Caballero, national chair of youth peasant advocacy group National Network of Agrarian Reform Advocates-Youth (NNARA-Youth), lauded the dismissal of the two charges against the farmers and advocates.

But the group will continue to struggle for justice and land for the agrarian reform beneficiaries of Hacienda Tinang as they continue to face five more charges, she said. Media reports say the arrested farmers and advocates are also facing complaints of disobedience, obstruction of justice, usurpation of real rights, and child exploitation and trafficking.

“We remain vigilant as we clamor for the long overdue formal installation of Tinang farmers,” Caballero said in a news release.

(MM)

Privacy Statement

Our Privacy Commitment

TV5 Network Inc. values and respects your privacy. We are committed to safeguarding your personal data in compliance with Republic Act No. 10173 or the Data Privacy Act of 2012 and its implementing rules and regulations.

We have developed a Privacy Policy that adopts and observes appropriate standards for personal data protection. While our Privacy Policy sets out the general principles governing the collection, use, and disclosure of our users’ personal information, our Privacy Commitment seeks to inform you more about TV5’s privacy practices.

Why do we collect your personal information (as applicable)?

We may collect and maintain basic information about you as site user of TV5 sites for the following purposes:

To deliver news and updates on current events, sports, esports and entertainment;
To share livestreams of news and sports events;
To understand our viewers’ needs and preferences;
To meet legal and regulatory requirements; and
To perform other processes or disclosures that are required to comply with pertinent laws, rules, or regulations.

Where do we get your personal information?

There are several ways we collect your personal information.

Information that you personally provided.

Most of the personal information we have are those that you have provided us when you:
- Register to our programs or services;
- Inquired, filed a complaint or requested for our services;
- Took part in our research and surveys; and/or
- Became our Partner, Vendor, Contractor or Supplier.

Information we collect during your engagement with us

We also collect information as you use our products and services, like:
- Viewing our websites;
- Activities that are being tracked by our website cookies;
- Calling our hotline;
- Using our apps, websites, and self-service channels and portals; and/or
- Joining our promos, prize raffles, or rewards and loyalty programs.

Information we collect from other sources

Other means of collection of information may be through:
- Our market research initiatives;
- When you visit and use our websites and mobile application; and
- Subsidiaries, affiliates, and third-party business partners to whom you have given consent to share your information to us.

When do we disclose personal information?

There may be instances when we are required to share the information you provided us. In such cases, we ensure that your personal information will be disclosed on a confidential manner, through secure channels and in compliance with the Data Privacy Act and other privacy laws.

We will never share, rent, or sell your personal information to third parties outside of TV5 except in special cases where you have given consent, and in cases described in our privacy policy.

In some instances, we may be required to disclose your personal information to our agents, subsidiaries, affiliates, business partners and other third-party agencies and service providers as part of our regular business operations and for the provision of our programs and services. This means we might share your information with our service providers, contractors, and professional advisers who help us provide our services.

How we protect your personal information

The integrity, confidentiality, and security of your information is important to us. We have implemented technical, organizational, and physical security measures that are designed to protect your information from unauthorized or fraudulent access, alteration, disclosure, misuse, and other unlawful activities.

We also put in effect the following safeguards:

We keep and protect your information using a secured server behind a firewall, encryption and security controls;
We keep your information only for as long as it is necessary for us to (a) provide the products and services that you avail from us, (b) for our legitimate business purposes, (c) to comply with pertinent laws, and (d) for special cases that will require the exercise or defense of legal claims;
We limit the access to your information only to qualified and authorized personnel who are trained to handle your information with strict confidentiality;
We undergo regular audits and rigorous testing of our infrastructure’s security protocols to ensure your data is always protected;
We promptly notify you and the National Privacy Commission when sensitive personal information that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person; and
We let you update your information securely to keep our records accurate.

TV5 will not collect, use, or disclose your personal information for any purpose other than the purpose that you may have given your consent for.

What are your choices?

We make sure that we have your consent to continue to collect, use, and disclose your personal information for the purposes that we have identified. We want you to know that you may object or withdraw your consent and/or edit your consent preferences at any time.

If you wish to have access to the personal information in our custody or if you think that the personal information you provided is incomplete, or otherwise inaccurate, you may get in touch with our Data Protection Officer through the contact details provided below. In some instances, we may request for supporting documents or proof before we effect requested changes.

Data Protection Officer
TV5 Network Inc.
Reliance corner Sheridan Streets
Mandaluyong City
tv5dataprivacy@tv5.com.ph

What happens when there are changes in our Policy?

From time to time, we may update our privacy policy and practices to comply with changes in applicable laws and regulatory requirements, adapt to new technologies and protocols, and align with the best practices of the industry.

You will be provided notices if the changes are significant and, if we are required by law, we will obtain your updated consent.