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PERMANENT PEOPLES’ TRIBUNAL
Via della Dogana
Vecchia, 5-00186 Rome – Italy
THE
FILIPINO PEOPLE at the suit of HUSTISYA, DESAPARECIDOS, SELDA and BAGONG
ALYANSANG MAKABAYAN,
Plaintiffs,
- versus -
GLORIA MACAPAGAL-ARROYO,
The GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES and the FILIPINO
INDIVIDUALS more particularly listed in the FIRST SCHEDULE hereto,
And
GEORGE WALKER BUSH,
The GOVERNMENT OF THE UNITED STATES OF AMERICA,
And
THE INTERNATIONAL
MONETARY FUND, THE WORLD BANK, WORLD TRADE ORGANIZATION (WTO),
And
MULTINATIONAL
CORPORATIONS (MNCs) and FOREIGN BANKS DOING BUSINESS IN THE PHILIPPINES
more particularly listed in the SECOND SCHEDULE hereto.
Defendants.
x---------------------------------------------x
Second Session on the
Philippines
For:
1.
Gross and Systematic
Violations of Civil and Political Rights
Extra-Judicial
Killings, Abduction and Disappearances, Massacre, Torture, etc;
2.
Gross and Systematic
Violations of Economic,
Social and
Cultural
Rights; And
3.
Gross and Systematic
Violations of the Right to National Self-Determination and Liberation
INDICTMENT
Prefatory
Statement
The
Philippines is a rich country, with bountiful land, water and human
resources. But the Filipino people are poor and are groveling in poverty,
hardship, misery and oppression.
For
centuries, the social wealth created by the Filipino toiling people has been
unjustly appropriated, first by foreign colonizers and then by foreign
capital and their local agents, always through a combination of force and
deceit, and with the collaboration of the local elite. The Spaniards used
the spread of Christianity as a pretext for three centuries of feudal and
mercantilist exploitation and oppression of the Filipino people. The
American colonizers invoked “benevolent assimilation”, democratization and
education to conceal and sugarcoat its real goal of turning the Philippines
into its military outpost, source of raw materials and cheap labor, market
for its products and outlet for surplus capital. Both Spaniards and
Americans ultimately resorted mainly to coercion and brute force to
subjugate the Filipino people who had always, from the beginning,
ferociously resisted foreign domination and oppression.
To suit its
imperialist design, the US has imposed on the Philippines, since the turn of
the 20th century to the present, a colonial pattern of trade that
stunted the growth of the Philippine economy, consigning it to its present
backward, agrarian, pre-industrial state. Roughly 75 percent of its
population are peasants, suffering under various forms of feudal and
semi-feudal exploitation and oppression. Big landlords (landlords owning
more than 50 hectares), who constitute less than 1 percent of the
population, or less than 20 percent of all landowners, own more than 80% of
all agricultural land. Most big landlords are themselves big compradors or
merchant capitalists who are the trading partners of foreign, mostly US,
capital.
Rather than
allow the Filipino people to chart their own path to progress and prosperity
after granting the Philippines formal political independence in 1946, the US
imposed onerous and unequal military and economic treaties and agreements
such as the Military Bases Agreement granting the US extraterritorial rights
in vast tracts of rent-free land, the Mutual Defense Pact, and the Parity
Amendment on the 1935 Philippine Constitution granting US nationals equal
rights as Filipinos to exploit the country’s natural resources and freely
repatriate profits.
The US has
been able to do this because of the collaboration of a ruling elite composed
of the big landlords and big compradors whose political and economic
fortunes depend on total subservience to their US (imperialist) masters. The
series of governments from 1946 to the present have invariably been
characterized by puppetry to US imperialism, to the complete detriment of
the interest of the Filipino people. Each government’s economic policies
were tailor-fit to benefit US and other foreign capital and their local
comprador agents. Philippine foreign policy never deviated from that of the
US, including sending Philippine troops to support US-led aggression and
military intervention such as in Korea and Vietnam.
It is
important to note that since the formation of the Philippine Scouts, the
precursor of the Armed Forces of the Philippines (AFP), during the American
colonial period to the present, the AFP has been virtually controlled and
directed by the US, especially through the Joint US Military Advisory Group
(JUSMAG) which provides and supervises its military training and doctrine,
logistics, intelligence and planning.
The 1960s saw
the deteriorating political and socio-economic situation brought about by
foreign domination, economic stagnation, widespread poverty, and a
graft-ridden bureaucracy led by the greedy ruling elite. Inevitably, this
led to the revitalization and rapid upsurge of mass protest actions
nationwide calling for national sovereignty, genuine democracy and social
justice. Armed challenges to the Philippine government reemerged when the
re-established Communist Party of the Philippines formed the New People’s
Army in 1969 and the Moro National Liberation Front was formed in 1971 with
its Bangsa Moro Army.
Both
deception and force were resorted to by the US-backed Philippine government,
led then by President Ferdinand Marcos, to coopt and suppress the democratic
and legal mass protest actions. The rabid anti-national, anti-people and
anti-democratic character of the Marcos government reared its monstrous
fascist head in 1972, when, to keep himself in power and acquire more
wealth, Marcos declared martial law. Not surprisingly, the US government and
foreign chambers of commerce immediately gave their blessings to the
dictatorship. This plunged the entire nation into fourteen (14) dark years
of full-blown dictatorship marked by widespread human rights violations by
state and paramilitary forces, criminal syndicates led by top AFP and police
generals, IMF-imposed structural adjustment programs favoring foreign
capital, spiraling prices of basic commodities, wage increase moratoriums,
greater landlessness under a bogus land reform program, and unprecedented
rampant graft, corruption and plunder of the economy by multinationals in
connivance with the Marcos clique.
Rather than
cow the people into submission and passivity, state repression under martial
rule merely fanned the flames of people’s resistance. Legal mass protest
actions, as well as armed resistance, spread over the land. For a long
time, the Marcos dictatorship managed to survive because it was propped up
by the US, loans from the IMF-WB and foreign capital.
In 1980, the National
Democratic Front of the Philippines (NDFP) and the Moro National Liberation
Front (MNLF), acting in behalf of the Filipino people and the Bangsa Moro
people, appealed to the Permanent People’s Tribunal (PPT) to examine the
Philippine situation. After convening and hearing the cases presented by the
NDFP and MNLF from 30 October to 3 November 1980, the PPT found the Marcos
regime guilty of political repression and blatant abuse of state powers,
violation of the sovereign rights of the Filipino people and the Bangsa Moro
people and other grave and numerous economic and political crimes. It also
condemned the US government and censured the IMF-WB and ADB, and foreign
multinationals and banks operating in the Philippines for supporting,
encouraging and sustaining the Marcos dictatorship for their own interest
and in violation of the sovereign rights of the Filipino and Bangsa Moro
peoples.
In February 1986, a
military mutiny combined with a popular unarmed uprising overthrew the
Marcos dictatorship. The widely acclaimed “People Power” uprising brought
hopes for the restoration of democracy and a new era of relative peace and
prosperity in the Philippines. Unfortunately, this was not to be so.
While the
formal democratic processes and structures such as elections and the
legislature were restored, anti-national and anti-people policies and
structures remained. The Aquino administration, led by the anti-Marcos,
anti-fascist faction of the ruling elite whose interests nonetheless
coincided with those of foreign capital, pursued the same economic policies
dictated by and favoring US and other foreign monopoly capital. Rather than
seize on the opportunity to institute basic and wide-ranging social,
economic and political reforms, the Aquino government and its foreign
backers took advantage of the post-Marcos euphoria and the anti-fascist
image of Aquino as a smokescreen to squelch and coopt the people’s clamor
for change. Repressive instrumentalities, statutes and measures were not
repealed, such as the criminalization of political offenses, warrantless
arrests, dispersal of protest actions, etc. Military campaigns and
operations escalated and intensified, resulting in widespread human rights
violations by state and paramilitary forces. In a short while the euphoria
faded and the restiveness of the people reemerged as the economic and
political crises intensified. Elements of the military, led by former
military rebels as well as Marcos loyalists in the military, attempted
several coups d’etat against the Aquino government.
The economy
turned from bad to worse as the succeeding Ramos and Estrada governments
implemented more and more policies imposed by the IMF-WB-WTO that opened up
the Philippines’ resources wider to foreign exploitation, destroyed local
industries, caused increasing joblessness and landlessness, and brought
unprecedented hardship and misery to the Filipino people. In 1994, then
Senator Gloria Macapagal Arroyo sponsored the bill and spearheaded the
campaign to ratify the World Trade Organization (WTO) treaty, making the
Philippines a member of the WTO and subjecting it to the destructive
neoliberal policies of deregulation, liberalization, privatization and
de-nationalization. Ramos accelerated the economic crisis by granting huge
incentives and sovereign guarantees to foreign investors, and by running
ahead of WTO schedules in dismantling protective trade tariffs, investment
controls and currency controls. As a result, the economy became vulnerable
and suffered heavily under the speculative attacks that triggered the 1997
Asian financial crisis, from which the Philippine economy never quite
recovered.
In an attempt
to create even a semblance of political stability that was needed to attract
foreign investments, Ramos initiated peace negotiations with armed
opposition groups such as the military rebels, the CPP-NDFP-NPA and the Moro
secessionist movements. These negotiations resulted in a memorandum of
agreement with the military rebels in 1995, and a Final Peace Accord with
the Moro National Liberation Front in 1996. Negotiations with the NDFP
(representing the CPP and NPA) and the Moro Islamic Liberation Front (MILF)
were both on-and-off under the Ramos administration over issues of sole
political authority or sovereignty and the non-implementation by the Ramos
government of prior bilateral agreements.
Unlike Ramos
who won the presidency on a minority vote and needed to protect his flanks
by engaging in peace negotiations, his successor Estrada won by a big
majority over his electoral rivals. Banking on his apparent popularity and
the firm support of the US and of foreign capital, Estrada recklessly junked
the peace negotiations with the NDFP as well as the MILF. Under Estrada in
1999, the Philippines entered into the Visiting Forces Agreement (aka
“status of forces agreement”) with the US, allowing US troops in the
Philippines and virtually granting them extraterritorial rights, reversing
the historic rejection by the Philippine Senate of the US-Philippines
Friendship Treaty and the dismantling of the US bases in the Philippines in
1991. Estrada launched the counter-insurgency campaign “Oplan Makabayan”
(Operation Plan Patriot) against the NDFP starting July 1998, and waged an
“all-out-war” against the MILF in 2000. Heavy military spending drained the
national treasury already rendered bankrupt by the economic plunder under
the Ramos regime, resulting in even deeper economic crisis. This combined
in turn with subsequent exposes of rampant graft and corruption and
immorality in the Estrada administration to fuel another unarmed “people
power” uprising.
“People Power
2” -- supported by a disaffected and alarmed big business community, the
dominant Roman Catholic hierarchy, and finally the military – overthrew the
Estrada government and catapulted Macapagal-Arroyo to the presidency. Once
again, an extra-constitutional exercise of sovereign power by the people was
allowed and supported by the powers-that-be to remove a ruling section
(faction) that had turned from a useful instrument into a liability and
source of embarrassment, and replace it with a more effective one with a
fresh mandate from the people.
Once again,
the people’s euphoria and celebration over the expulsion of a corrupt,
repressive and widely undesirable president turned out to be short-lived. No
sooner had Macapagal-Arroyo taken office when she announced that her
economic policies would continue to favor big business and attract, rather
than drive away, foreign capital. True enough, under the Arroyo government,
IMF-WB-WTO imposed policies and measures have been dutifully implemented and
accelerated, to the delight not only of foreign capital but also of the
local big landlords and compradors who share a fraction of their profits.
Faced with unprecedented heavy government debt and deficit, the Arroyo
government resorted to increasing tax burdens (VAT and EVAT) and drastic
budget cuts on health, education and other social services while increasing
debt servicing and military spending and opening up Philippine natural and
human resources, such as mineral resources and manpower resources, to
foreign capital. The obvious Arroyo logic is that the way out of the
financial crisis is to impose more burdens and sacrifices on the people in
order to make the economy more palatable to foreign creditors and
investors.
True enough,
as the PPT had warned in its 1980 verdict, the Marcos dictatorship was
replaced by a series of neocolonial governments dependent on and subservient
to US and other foreign interests.
The shameless
puppetry and obsequiousness of the Macapagal-Arroyo government to the US
came to the fore once more when, shortly after the September 11, 2001 New
York bombings, Macapagal-Arroyo declared the Philippines’ total support for
the US-led “global war on terror”. She immediately offered Philippine
troops, doctors and other professionals, and the use of Philippine
territory, air space and facilities by the US and its allies for military
actions against unnamed “terrorist” enemies and unnamed regimes supposedly
harboring these “terrorists”. In November 2002, the Arroyo government
signed the Mutual Logistics Support Arrangement (aka “access and servicing
agreement”) allowing the US unhampered access and use of Philippine
facilities for all its military needs and unspecified military activities.
The VFA and MLSA combined virtually turn the entire Philippines into an
unsinkable US military base, veritably a giant US aircraft carrier
strategically positioned in the middle of the South China Sea.
Macapagal-Arroyo asked for, then welcomed, the US designation of the CPP
and NPA as “foreign terrorist organizations” and the NDFP chief political
consultant Prof. Jose Ma. Sison as a “terrorist” and actively campaigned for
their inclusion in the “terrorist” listing of the European Union and other
countries. She launched an “all-out war” against the CPP-NDFP-NPA under the
US-directed counter-insurgency campaign “Oplan Bantay Laya” (Operation Plan
Freedom Watch), suspended formal peace talks with the NDFP, and used the
“terrorist” tag to gain leverage to pressure the NDFP into capitulation. At
the same time, the US and Arroyo also played the “terrorist” card on the
MILF, alternately threatening and attacking the MILF and offering it
“socio-economic aid and rehabilitation” in exchange for a peace agreement
that acknowledges the authority of the Philippine government over the Moro
people and their ancestral domain and territory.
Under US
encouragement and direction and using as pretext the US “war on terror”,
the Arroyo government has not only intensified its “counter-insurgency
campaign” against the CPP-NDFP-NPA, it has also flagrantly resorted to
physically attacking the legal democratic movement since 2001. Leaders and
activists of progressive organizations have been harassed, arrested without
warrant, abducted and forced to disappear, as well as summarily executed
with a frequency and brutality exceeding that under martial law. Finding
her regime’s legitimacy under question after fraudulent elections in 2004,
Macapagal-Arroyo further resorted to repressive measures and expanded the
targets to include the open and legal democratic movement and the political
opposition.
The growing
number of extrajudicial killings and other gross human rights violations
committed by the Arroyo government’s military and police forces in the
Philippines today cry out for justice. KARAPATAN (Alliance for the
Advancement of Peoples’ Rights) has documented since 2001 when Mrs. Gloria
Macapagal-Arroyo assumed the presidency more than 800 victims of
extra-judicial killings, not including more than 350 who survived
assassination attempts. At least 207 have been abducted and forcibly
disappeared. Tens of thousands have also become internal refugees as a
result of military operations, which include indiscriminate bombings and
strafing of rural communities, and Vietnam-vintage “hamleting” to depopulate
“rebel-infested” areas and “remove the water in which the fish swims”..
These
atrocities have been perpetrated systematically and relentlessly for more
than five years with hardly an utterance of concern, much less condemnation,
from Macapagal-Arroyo. In fact, she praised, promoted and coddled the
military commanders, including those with track records of grievous human
rights violations . As commander-in-chief, she publicly gave both tacit and
overt approval and encouragement to the military campaigns of suppression.
Those who perpetrate the atrocities enjoy the license to kill, abduct,
torture and massacre “enemies of the state” with impunity. The rapid
promotion and public acclamation accorded to the most vicious, ruthless and
outspoken proponent of the killings, Maj. Gen. Palparan by Macapagal-Arroyo
herself was the clearest proof that indeed, the killings were state policy.
Oplan
Bantay-Laya, the Arroyo government’s counter-insurgency campaign launched in
2002, differs from its failed predecessors mainly in targeting suspected
civilian sympathizers and supporters of the CPP-NPA in town and urban
centers. The AFP, police and other government strategists searching for the
elusive key to victory over the three-decades old people’s war have come to
the conclusion that they have been too soft on the legal democratic
organizations. AFP documents and other official documents on internal
security stress now the need to conduct military operations not only
against the guerrilla forces in the countryside but also against the
aboveground, legal machinery that allegedly supports the armed revolutionary
movement. The AFP embarked on a “Target Research” program in 2004 aimed at
an intelligence build-up, complete with quotas and timetables, on
progressive organizations and personalities tagged as “enemies of the state”
and marked for “neutralization’, a military euphemism for physical
elimination. Most of those assassinated, forcibly disappeared,tortured and
massacred were priority subjects of this “target research”.
The Arroyo
government’s intensified attacks on the people, marked by the cold-blooded
murder of unarmed political activists, church people, journalists, lawyers
and judges, teachers and human rights defenders continue to multiply with
impunity. These are motivated by Arroyo’s drive for political survival and
are in line with the US government’s “war on terror” and the economic
interest of multinational corporations in the Philippines. This explains why
the Arroyo government has not lifted a finger to render justice to the
victims of human rights violations, and to address the violations of the
people’s social, economic, cultural rights, as well as the violations of the
Filipino people’s sovereignty and right to self-determination. Taking a cue
from the US-led global war on terror and emboldened and encouraged by the US
government, the Arroyo government estimates it can also justify, gloss over
or cover up, in the name of counter-terrorism, violations of human rights,
international humanitarian law, and international law.
Well-documented cases of
human rights violations have already been brought to the attention of the
United Nations through its offices in New York and Geneva. A number of
international entities have also conducted fact-finding missions and have
issued reports, recommendations and condemnations of the regime’s lack of
resolute action to stop the killings. Among these international groups are
the Amnesty International, International Parliamentarians’ Union, Asian
Human Rights Commission, the International Labor Solidarity Mission, the
International Peasants Fact Finding Mission, the Hong Kong Fact-Finding
Mission to the Philippines, Reporters Sans Frontiers, a delegation of church
leaders led by the World Council of Churches and the Christian Conference of
Asia, Lawyers without Borders and Lawyers for Lawyers from the Netherlands,
International Association of Democratic Lawyers, International Association
of People’s Lawyers, and four women lawyers from the United States.
Various
church organizations like the World Council of Churches, Christian
Conference of Asia, World Alliance of Reformed Churches, World Methodist
Council, Episcopal Church of the USA, Uniting Church of Australia, United
Church of Canada, United Methodist Church of the USA, United Evangelical
Mission of Germany and the National Council of Churches in Japan have
likewise issued their statements and resolutions calling on the Manila
government to bring an end to the killings. Notably, a number of Members of
Parliament from Europe and a number of officials from other countries have
also expressed their concerns over the deteriorating human rights situation
in the Philippines. The list continues to lengthen.
In response
to this growing international pressure, Macapagal-Arroyo belatedly saw the
need to take a pro-forma official action by creating the Melo Commission in
September 2006 to look into the killings. This step was clearly intended to
deflect and diffuse the barrage of criticisms against her government. But
before this Commission could start its investigation, Mrs. Arroyo issued a
blanket statement absolving her military and police forces of any
wrongdoing, despite testimonies from survivors and witnesses to the
contrary. As expected, the Melo Commission, in the report it had recently
submitted to President Arroyo, cleared her and the AFP top brass of any
responsibility, instead blaming the killings on Gen. Palparan and a “small
group” of rogue military and police elements, as well as gangsters and even
the New People’s Army. Curiously, Malacanang adamantly refused to release
the Melo Commission report to the public until it had to give in to both
international and local pressure to do so.
Nearly
simultaneous with the submission and eventual release of the Melo Commission
report was the statement of Philip Alston, the UN Special Rapporteur on
Extra-judicial killings, on his findings after a 10-day visit. Mr. Alston
met with the representatives of the government, including top Cabinet,
military and police officials, human rights groups and relatives of victims
of extra-judicial killings. In his press statement, Mr. Alston rejected the
various government, military and police “theories” that absolved them from
any responsibility in the killings. While he said it was clear to him that
the killings are not state policy and are not centrally directed, Alston
nonetheless attributed some of the killings to the government’s
counter-insurgency program and indicated he would examine this in greater
detail in his final report. Despite the findings of Mr. Alston and the Melo
Commission attributing political killings to the AFP, Arroyo reiterated her
earlier statement absolving the military of the crimes and declaring that
“99.9% of the AFP is good”.
The struggle
to uphold and defend human rights and the peoples’ rights continues. The
Filipino people have shown that they cannot be cowed by terror nor duped by
the Arroyo regime. They persist in seeking and finding avenues to make this
despicable situation known throughout the world, to seek justice, and gather
the broadest support for their just and legitimate struggle for national
self-determination and social emancipation.
It is with
this aim and hope that we file our case today at the Permanent People’s
Tribunal.
Parties
This is an
indictment brought by the Filipino People – the peasants, workers, women,
youth & students, urban poor, fisherfolk, indigenous people, migrant
workers, church people, lawyers, journalists, teachers, government
employees, health workers, artists and other professionals, human rights
workers – in solidarity with other oppressed and exploited peoples of the
world, through the following people’s organizations:
HUSTISYA,
an organization of friends and relatives of victims of human rights
violations under the US-Arroyo Regime;
DESAPARECIDOS, an organization
of families and friends of victims of enforced disappearances since the
martial law years up to the present;
SELDA,
an association of former political detainees from the martial law years up
to the present; and
BAGONG
ALYANSANG MAKABAYAN (New Patriotic Alliance),
a nationwide, multisectoral alliance of progressive people’s organizations,
hereinafter referred to as the “Complainants”.
This
Indictment is against the Government of the Republic of the Philippines,
its President, GLORIA MACAPAGAL-ARROYO, and the Filipino individuals
listed in the First Schedule hereto, the Government of the United States
of America, its President, GEORGE WALKER BUSH JR., the
International Monetary Fund, the World Bank and the World Trade Organization
(WTO), and the Multinational Corporations (MNCs) and Foreign Banks doing
business in the Philippines listed in the Second Schedule hereto,
hereinafter referred to as the “Defendants”.
Charges
The
Defendants are hereby charged by the Filipino people of the following:
I.
Gross and systematic
violations of civil and political rights. These include extrajudicial
killings/summary execution, abduction and enforced disappearances, massacre,
torture, illegal arrest and detention, forced dislocation of communities and
other human rights violations;
II.
Gross and systematic
violations of economic, social and cultural rights of the Filipino people;
and
III.
Gross and systematic
violations of the rights of the people to national self-determination and
liberation
The aforesaid
acts and omissions violate:
a.
The Universal Declaration of
the Rights of Peoples (The Algiers Declaration of July 1976);
b.
The Universal Declaration of
Human Rights of 10 December 1948;
c.
The International Covenant on
Civil and Political Rights of 16 December 1966;
d.
The International Covenant on
Economic, Social and Cultural Rights of 16 December 1966;
e.
The United Nations Convention
against Torture;
f.
The GRP-NDFP Comprehensive
Agreement on Respect for Human Rights and International Humanitarian Law;
g.
The 1996 GRP-MNLF Peace
Agreement; and
h.
The generally accepted
principles of international law which form part of the laws of the
Philippines under Section 2, Article II of the 1987 Philippine Constitution
Allegations
I
General and specific
allegations
of gross violations of
civil and political rights.
From the time
Gloria Macapagal-Arroyo came to power on January 21, 2001 up to November
2006, there have been a total of 6,990 cases of human rights violations
victimizing 396,099 individuals recorded and documented by KARAPATAN, a
human rights alliance.
From 2001 to the
present, there have been 834 documented cases of extrajudicial killings,
with 357 more cases of frustrated assassinations, i.e., the victim or
intended victim survived the attempt on their lives. At least 198 persons
have been forcibly disappeared and remain missing to this day, most of them
already presumed dead. Hundreds have been tortured while tens of thousands
have been harassed and displaced from their homes and farms, and have
experienced physical and psychological assault in the course of military
operations or while exercising their rights to assembly and free speech.
The targeted
victims are peasant leaders, union leaders and members of farmers and
workers’ organizations, human rights workers, judges and lawyers,
journalists, priests and church workers including a former Supreme Bishop of
the Philippine Independent Church. Most were uniformly subjected to
anti-communist slander, villification and demonization, and death threats by
the military before they were physically attacked.
The intensifying
political repression is being done with utmost brutality and impunity. From
January 2006 to February 8, 2007 alone, 148 leaders, members and supporters
of different mass organizations and party-list groups were summarily killed
throughout the country;
Witnesses point to
the police, military and paramilitary forces as the perpetrators of the
killings, disappearances, torture, illegal arrests and detention and other
violations;
The killings are
concentrated in Southern Tagalog, Central Luzon, Bicol region, Eastern
Visayas, the Ilocos and Cordillera regions. These are the regions
identified in Oplan Bantay Laya as “priority areas” and where
“counter-insurgency” military operations are most intense and sustained.
The commission of
the violations is centrally directed, showing a clear pattern and practice
based on the state policy of deliberate terror;
Specifically, the
following illustrative and highlighted cases-- chosen from among seventy
case files of summary execution or extrajudicial killing, abduction and
involuntary disappearances, massacre, torture, illegal arrest and detention,
forced dislocation of communities and other violations of human rights in
the Philippines since Pres. Gloria Arroyo assumed the presidency on 21
January 2001-- show the breadth and depth and the heinousness and unmatched
impunity with which violations of human rights as well as general principles
of international law have been perpetrated by the Defendants in concert with
each other.
MASSACRES
The Hacienda Luisita Massacre
On November 6, 2004, in
Hacienda Luisita, a sprawling sugarcane estate in Tarlac City covering more
than 6,400 hectares and owned by the Cojuangco-Aquino clan, the workers
therein belonging to United Luisita Workers’ Union (ULWU) and the Central
Azucarera de Tarlac Labor Union (CATLU) simultaneously declared a strike to
compel the management/owners to heed their legitimate economic demands, such
as increase in wages and better terms and conditions of employment. ULWU
also demanded the reinstatement of the illegally dismissed officers and
members of the union. Their strike also exposed the fraudulent scheme
adopted by the management to deprive the farm worker-beneficiaries of their
right to land through the deceptive Stock Distribution Option (SDO) instead
of distributing it to them pursuant to the avowed land-for-the-landless
policy of the state as provided under the Comprehensive Agrarian Reform
Law. By a combination of misrepresentation and intimidation, the management
was able to impose the SDO scheme on the farm workers and peasants in the
hacienda. It promised to them that the SDO would improve their lives. In
reality, though, the scheme has further impoverished them.
Officers and members of
ULWU believe that their filing of a petition in 2003 seeking the
revocation/nullification of the SDO in Hacienda Luisita may have been the
reason for the union busting and the illegal dismissal of the farm workers.
On November 6, 7 and 15,
2004, despite the peaceful strike of the workers, hundreds of police
officers attempted to break up the picket line using tear gas, water cannon,
truncheons and later firearms, which seriously injured many strikers.
Despite the threat of an
impending bloody dispersal, the strikers stood their ground. On the other
hand, though, President Macapagal-Arroyo and her government simply turned a
cold shoulder to the plight of the striking workers. Her deafening silence
was interpreted as acquiescence to the police violence in Hacienda Luisita.
Worse, her alter ego at the Department of Labor and Employment (DOLE),
Secretary Patricia Sto. Tomas, issued an Assumption of Jurisdiction (AJ)
Order on November 10, 2004. Although it was issued solely against CATLU,
curiously, said AJ was forcibly served upon ULWU. More strangely, the Labor
Secretary deputized not only the police but also the Armed Forces in the
supposed full implementation of the AJ.
To avert further violence
against the strikers, in the morning of November 16, 2004, the respective
officers of ULWU and CATLU went to the Makati residence of former
Congressman Peping Cojuangco, a co-owner of Hacienda Luisita. Their purpose
was to negotiate with the former congressman and his wife to spare the
people from the looming violent and bloody dispersal of the strike as
enunciated in the AJ. Insisting that the ULWU officers no longer had any
personality to talk with them because they were deemed dismissed, Mr.
Cojuangco and his wife denied the ULWU officers entry into their house.
No agreement was reached
during the negotiation. Mr. Cojuangco stood firm on his stance to leave the
matter to the decision of the DOLE. Thus, the union officers went back to
the picket lines in Hacienda Luisita. At that time, hundreds of PNP
elements and AFP soldiers in full battle gear were already deployed inside
the sugar mill compound. Positioned along with them were two armored
personnel carriers (APCs), two pay loaders and four fire trucks. Only the
steel gate at Gate 1 of the sugar mill separated the combined military and
police forces from the strikers.
Immediately thereafter
and without any negotiation between the strikers and the dispersal teams
taking place first, the latter assaulted the strikers. The dispersal teams
blasted the strikers with water from the fire trucks, which stung their
skin. They also lobbed the strikers with tear gas. Unsuccessful in their
attempt to crush the picket line, the dispersal teams commandeered an APC
that pounded upon the steel gate. When it had smashed open the gate, the
people started throwing stones or anything they could put their hands on at
the APC to thwart its attempt to disperse them. Having caused the APC to
retreat, the people lifted their hands in jubilation, only to get shocked
shortly thereafter by successive gunshots indiscriminately fired upon them.
Every one scampered and ran for cover. In just a moment, seven strikers lay
dead while a number of others sustained severe gunshot wounds. A little
while later, more than a hundred other strikers were illegally arrested and
arbitrarily detained en masse by the military and the police, not sparing a
woman who was seven months pregnant.
The violent massacre did
not put an end to the gross violations of the rights of the striking
workers. On the contrary, the Cojuangco-Aquino family, in conspiracy with
the military, the police, the paramilitary groups such as the Civilian Armed
Forces Geographical Units (CAFGU), and other hired agents/gunmen, has
continued to harass, threaten and violate the rights of the hacienda
people.
On the night of December
8, 2004, Marcelino Beltran, himself a peasant and a key witness to the
massacre, was brutally murdered in his home in a remote village in Tarlac.
On the night of January
5, 2005, hacienda workers George Loveland and Ernesto Ramos were fatally
injured when still unidentified bodyguards of Rep. Benigno “Noynoy” Aquino,
who were armed, attacked them at the picket point outside Las Haciendas
gate.
On March 3, 2005,
Abelardo Ladera, a duly elected councilor in Tarlac City, a member of Bayan
Muna and a staunch supporter of the strike, was shot dead by a single bullet
in the chest while he was buying some spare parts for his automobile.
On March 13, 2005, Fr.
William Tadena of the Philippine Independent Church, who also strongly
supported the plight of the strikers, was likewise gunned down after
officiating mass in his parish in La Paz, Tarlac.
Thereafter, another
peasant strongly supporting the strikers, Victor Concepcion, was likewise
summarily executed in his house.
In the nighttime of
October 25, 2005, while resting after personally distributing the unpaid
earned wages and benefits of the sugar mill workers, Ricardo Ramos,
president of CATLU and village chairman of one of the barangays located
inside the hacienda, was brutally gunned down near his house.
Villages in the hacienda
have become heavily militarized. Many villagers have complained of being
subjected to illegal arrest. Others have been unjustly suspected of being
NPA members and are being forced to admit and sign rebel returnee’s papers.
At 2 a.m. of November 14,
2005, strikers manning the picket point in Brgy. Balete were mauled and
seized by elements of the 48th Infantry Battalion under the
command of Maj. Gen. Jovito Palparan who was then chief of the 7th
Infantry Division. Eleven of the strikers were illegally and forcibly taken
to a safe house where they were interrogated. Three of them were
subsequently charged with illegal possession of firearms on the basis of
planted evidence.
Rene Galang, president of
ULWU, and his family have been principally targeted by the military and the
police. Several elements of the military have virtually maintained a
detachment in a house just across his residence. They would ask around about
his whereabouts. In addition, on or about September 26, 2005, they broke
into his house. His wife was slapped in the face by the military for having
told the people about the break-in by these soldiers. Even his children
experienced harassment and intimidation by the military while at school.
On March 17, 2006, around
midnight, another officer of ULWU, Tirso Cruz, was murdered in cold blood by
the military near his house inside the hacienda.
Remarkably, all
throughout the struggle of the workers and their families, Macapagal-Arroyo
maintained almost complete silence and showed her utter lack of concern over
the issues confronting the people. Only once did she issue a statement, at
the prodding of the CBCP, hypocritically hoping for a peaceful resolution ot
the conflict at Hacienda Luisita. To the Hacienda workers and farmers, the
president’s cold response amounted to tacit approval of the continuing
unlawful aggression committed by the military, police and paramilitary
forces, in collusion with the hacienda owners, against the poor working
people in the hacienda.
On January 13, 2005, ULWU
and CATLU and the victims of the Hacienda Luisita massacre filed criminal
cases for multiple murder and multiple frustrated murder, among others,
against the owners of the hacienda, the numerous military and police
officers who perpetrated and ordered the violent dispersal of the otherwise
peaceful strike, and Sec. Patricia Sto. Tomas. To date, however, the Office
of the Ombudsman, before which the cases were filed, has sat on their
bounden duty to investigate and prosecute these cases.
The Philippine National
Police, feigning an impartial and unbiased investigation into the incident,
likewise came up with its report of its investigation which, expectedly,
absolved the state forces, save for less than a handful low-ranking police
officers.
The victims of the
massacre and their relatives and supporters have already brought this case
to the attention of the local Commission on Human Rights, the United Nations
and other international fora. It has also been the subject of legislative
inquiries in the two chambers of the Philippine Congress. After more than
two years and despite efforts of the victims and their relatives and
supporters to seek justice, the Office of the Ombudsman is yet to act upon
their petition.
Massacre of Farmers in
Palo, Leyte
The San Agustin Farmer
Beneficiaries Multi-purpose Cooperative (SFBMC) is composed of more or less
60 farmer-members in Brgy. San Agustin, Palo, Leyte.
Sometime in June 2004,
the members of the cooperative - Rene Margallo, Renato Dizon, Fe Muriel,
Bernabe Burra, Francisco Cobacha and Ariel Santiso sought help from the
cooperative regarding the landgrabbing by Pedro Margallo of their respective
lands.
The Department of
Agrarian Reform (DAR) has already rendered a decision in favor of the 6
farmer-members but Pedro Margallo still insisted on taking possession of the
land.
SFBMC member Bernabe Burra sought help from Bayan Muna-Metro Tacloban
Chapter. When Bayan Muna positively responded, the members of the
cooperative decided to schedule a “balik-uma” (return-to-the-land) on the
land awarded to the farmers by the DAR and help the 6 farmers till their
lands.
The members of SFBMC set
the “balik-uma” on November 21, 2005. In the evening of November 20, 2005,
the farmers who would be participating in the “balik-uma” were already in
the “kamalig” or make-shift hut owned by the father of Rene Margallo to make
preparations for the early morning planting activities. The “kamalig” was
near the land to be tilled by the farmers.
At around 5 a.m. of
November 21, 2005, more or less 50 farmers were gathered in the “kamalig.”
It is the practice of farmers to invite neighboring villages at the opening
of the planting season and this is usually met with a feast; thus, other
farmers from Brgy. Teraza and Capirawan and farmer-members of the
Alang-alang Small Farmers Association (ASFA) based in the nearby
Alang-alang, Leyte joined the “balik-uma”.
Some of the farmers were
already awake cooking their food and having coffee when, without any
warning, they were peppered with gunfire by men wearing ski masks that
almost covered their faces. The farmers shouted out they were unarmed
civilians but these were ignored and instead, the armed men continued to
fire their guns. Five hand grenades were also thrown at them.
As a result, eight
farmers died including Alma Bartoline who was seven months pregnant. More
than ten were injured.
When the firing stopped,
the armed men who were in full-battle gear approached the “kamalig.” They
were members of the 19th Infantry Battalion of the Philippine
Army. They ordered the farmers to lie face-down and stepped on the farmers’
back, forcing them to admit they were members of the NPA.
The soldiers insisted
that the farmers are members and sympathizers of the NPA, and were
concealing some firearms. When the farmers denied the allegations and
explained that they are plain and simple farmers and were unarmed, a soldier
came with a sackful of firearms and “subversive” documents and insisted that
these belonged to the farmers.
The farmers pleaded for
immediate medical attention but the soldiers refused.
Col. Louie Dagoy admitted
that members of the 19th IB of the Philippine Army carried out
the attack but claimed that this was a legitimate military operation.
What the soldiers
perpetrated was a cold-blooded massacre of innocent farmers not an
encounter between the military and the NPA as falsely claimed by the
military authorities in their official statements. It was clearly
pre-meditated, as evidenced by the fact that the soldiers had prepared a
sackful of old firearms and “subversive documents” to be planted at the
scene of the crime.
To justify their actions
and cover up their heinous crime, the 19th IB PA filed charges of
illegal possession of low-powered firearms against nine farmers who survived
the massacre, arrested and detained them. Another case of illegal
possession of high-powered firearms was filed at the Regional Trial Court
(RTC) in Tacloban City. Unable to post bail, the farmers remain detained at
the Kauswagan Provincial Jail.
While under detention,
they continue to receive death threats. One of them, Joselito Tobe, a
member of Concerned Citizens for Justice and Peace and Bayan Muna Party-list
died while in detention. The Kauswagan Provincial Jail authorities alleged
that he suffered a stroke. But the relatives and friends of Joselito Tobe
are not convinced considering that two (2) weeks prior to his death, Tobe
informed his relatives and friends that he and his co-detainee Arnel Dizon
had received death threats.
Due to the financial
support generated by various human rights groups, two of the farmers who
have been receiving death threats while in detention were released on bail.
On October 3, 2006, the
Regional Trial Court of Tacloban, Leyte dismissed the case of illegal
possession of high-powered firearms. They are still awaiting the decision
of the Municipal Trial Court in the other case.
Counter-charges are being
prepared by the farmers against the members of the 19th IB,
Philippine Army.
SUMMARY EXECUTIONS OR
EXTRAJUDICIAL KILLINGS
The case of Rev. Andy
Pawican
On
May 21, 2006, Pastor Andy Pawican of the United Church of Christ of the
Philippines (UCCP)-Pantabangan was on his way home to Sitio Maasip, Barangay
Tayabo, San Jose City from Sunday worship in Sitio Maluyon, Barangay Fatima,
Pantabangan, Nueva Ecija. He was with his wife, Dominga Pawican, their
eight-month-old baby, his mother-in-law Maria Binlingan and a neighbor named
Bernadette Tayaban.
About 200 meters before
reaching their house, they were stopped by three soldiers in uniform
belonging to the 48th Infantry Battalion which is under the
command of the 7th Infantry Division of the Philippine Army.
The soldiers ordered
Pastor Andy Pawican to stay allegedly because they wanted to discuss
something with him. Thus, Maria Binlingan, Dominga Pawican and Bernadette
Tayaban went ahead while Pastor Andy, who was carrying his eight month-old
baby, stayed behind.
At around 2:30 p.m.,
several shots of gunfire were heard from the place where Pastor Andy was
held by the army soldiers.
Several minutes later, a
soldier came to the house of Dominga Pawican carrying Pastor Andy’s eight
month-old baby, her shirt stained with blood and with a scratch on her
face. It was then that the family of Pastor Andy learned that he was shot
to death by the soldiers for allegedly being a supporter of the New People’s
Army and for allegedly fighting back at the soldiers.
The relatives and friends
of Pastor Andy were not allowed to go near his body which was heavily
guarded by military soldiers until the following day.
On May 22, 2006,
residents of barangays Fatima and Tayabo, namely, Blacio Binlingan
(father-in-law of Pastor Andy), Roger Binlingan, Mempe Ruiz, Marlon Talac,
Mariano Muling, Pastor Sebio Guindayan, Carlito Hongduan, Telio Palting,
Paredes Baguilat, Anton Balectad, Fidel Palting and Ruel Marcial went to
Sitio Maasip, Brgy. Tayabo upon the plea of spouses Paredes and Estela
Baguilat to accompany them back to their house in Brgy. Tayabo, Nueva
Ecija. The spouses were among the residents of Brgy. Tayabo who fled their
homes when the military soldiers started firing their guns.
On their way to Brgy.
Tayabo, they saw the body of Pastor Andy being guarded by more or less sixty
soldiers led by Lt. Ariel Galado and Lt. Freddie Lobusta of the 48th
IB, 7th Infantry Division of the Philippine Army. The residents saw a
gunshot wound on the head of Pastor Andy, his arms heavily bruised and bore
cigarette burns, his eyes swollen with a heavy black-eye and his feet
twisted. He was still wearing the barong tagalog he wore during the Sunday
mass.
When the soldiers saw the
residents, they asked them where they were going and if they were supporters
of the NPA. They noticed Fidel Palting who had long hair and asked him if
he was a member of the NPA. Under duress, he was forced to lie and say that
he was a member of the NPA. The soldiers also forced him to point to other
members of the NPA. Fidel Palting was forced to say that Ruel Marcial, his
first cousin, was an NPA supporter.
The soldiers asked the
residents to carry the body of Pastor Andy to Brgy. Tayabo, San Jose City.
They were escorted by more or less twenty soldiers.
Upon reaching Brgy.
Tayabo, the remains of Pastor Andy was boarded on a six by six military
truck. The soldiers ordered Blacio Binlingan, Mempe Ruiz and Marvin Palting
to bring the corpse to Funeraria Ilagan in San Jose City. The other
residents were ordered to go home.
Fidel Palting and Ruel
Marcial were, however, ordered by the military soldiers to stay. They were
forcibly brought to the Sto. Niño Camp 2nd in San Jose City which
is the headquarters of the 48th Infantry Battalion under the
leadership of Lt. Col. Joselito Kakilala. The 48th IB is a
component of the 7th Infantry Division of the Philippine Army
which is under the command of Maj. Gen. Jovito Palparan.
The abduction and torture
of Ruel Marcial
Ruel Marcial is a farmer from Aritao, Nueva Viscaya and a member of the
United Church of Christ in the Philippines (UCCP).
After the body of Pastor
Andy was brought to Funeraria Ilagan, the other residents of Brgys. Fatima
and Tayabo were ordered to go home, except for Fidel Palting and Ruel
Marcial,
Palting was forced to
ride on a motorcycle with a soldier. When the motorcycle returned, Marcial
was also told to board the same motorcycle. He was later transferred to a
waiting L300 van. Marcial was blindfolded, handcuffed and brought to a place
he later learned to be Sto. Nino Camp, a military camp in San Jose City.
Inside the camp, while
Marcial was still blindfolded and handcuffed, his shorts and briefs were
removed. He was subjected to interrogation. He was forced to admit being a
member of the NPA. He was asked, “Where are your comrades?”; “Where are
they keeping their guns?” Whenever Marcial replied he was not a member of
the NPA, physical assault and torture were inflicted on him for two straight
days.
He was kicked on his left
shoulder and neck. He was punched on his left shoulder and abdomen. He was
beaten using a wooden bat on both arms and the lower parts of his body
especially his buttocks. His skin on the lower left thigh was pinched with
mechanical pliers. A lighted cigarette was pressed on his legs. He was
burned on his legs and lower parts of his body with a flaming wooden
stick.
During the interrogation,
the soldiers were drunk. Marcial was also forced to drink liquor. His
captors tried to burn his nose with a lighter. With bullets inserted
between his fingers, his hands were squeezed. His anus was pricked with the
pointed tip of a bolo or knife.
The torture was inflicted
continually. Marcial was not allowed to sleep nor rest. He was threatened
he would be killed. His captors inserted cogon grass and stalks into his
penis. At times during the interrogation, he was made to lie down and
remove his blindfold but his eyes were rubbed with salt. His captors also
forced open his mouth, poured water in and tried to drown him. They also
choked Marcial with a rope. The nails of his big toes and the 2nd
digit of his left fool were pried off using a bolo. The soldiers also cut
his hair using a knife or a bolo and removed part of his scalp on the back
of his head. Unable to bear the pain and horror of torture by the soldiers,
Marcial was forced to declare that he was a member of the NPA and that he
was willing to cooperate to find the rebels’ camp. Thereafter, in the
course of the physical and psychological torture, Marcial lost
consciousness.
When he woke up, his foot
was bound to a post with a metal chain. His blindfold was removed. From
then on, he was allowed to sleep and the soldiers fed him. He was held
captive for more than one month.
While Marcial never saw
Palting inside the camp, he surmises that Palting was in one of the huts in
the camp because he saw soldiers guarding a hut and bringing food.
On July 7, 2006, while
the soldier assigned to guard Marcial left for a few minutes to get food for
their supper and while only a few soldiers were in the camp at that time,
Marcial was able to free himself using a big nail to remove the lock of the
metal chain that bound his foot. He ran away from the camp and walked in
the forest for about 2 days. He sought help from a friend who brought him
to a safe place.
While Marcial was brought
to a sanctuary, a petition for habeas corpus was being prepared by the
family of Fidel Palting. Before they could file the petition, however, the
military surfaced Palting and brought him back home. Palting was seen
holding a handheld radio and cell phone apparently given by the military
requiring him to report to the military. To date, Marcial fears for his life
and continues to stay in a sanctuary.
The case of Rev. Isaias
Sta. Rosa
On 3 August 2006 at
around 10:35 p.m., Pastor Isaias Sta. Rosa was abducted and then murdered in
Brgy. Malobago, Daraga, Albay by armed men wearing bonnets, at least one of
whom was positively identified as a soldier.
Isaias Sta. Rosa was a
member of Legaspi City United Methodist Church in South Bicol District, a
freelance writer, project consultant for non-government organizations and
Executive Director of the Farmers’ Assistance for Rural Management Education
and Rehabilitation, Inc., a non-government organization that gives
assistance to farmers in improving their economy. He was also an active
member of the peasant group Kilusang Magbubukid ng Bikol (Bicol Peasant
Movement), an affiliate organization of the Kilusang Magbubukid ng Pilipinas
(Philippine Peasant Movement) which is active in the fight for genuine land
reform and calls for the ouster of President Gloria Macapagal-Arroyo.
At around 7:30 p.m. of
August 3, 2006, three (3) hooded armed men who, except for one who appeared
to be the leader and was wearing a maroon shirt and black short pants, were
all wearing army-issued camouflage pants, combat boots and dark long-sleeved
t-shirts, barged into the house of brothers Ray-Sun and Jonathan Sta. Rosa.
The armed men were looking for their brother Pastor Isaias Sta. Rosa. They
were told to lay prone on the ground while the armed men stepped on their
heads and poked their guns on them. Ray was able to observe the presence of
more armed men positioned amidst the bushes. Jonathan was hit with a gun
barrel on his head when he tried to look around.
They then accused the two
brothers of being members of the New People’s Army, which the two denied.
Thereafter, Jonathan was dragged at gunpoint to the house of his brother
Pastor Sta. Rosa situated just a few meters from his own house.
Sonia, the wife of Pastor
Sta. Rosa, heard a commotion outside their house. She peeped through one of
their windows to check but she did not see anything. At that time, Isaias
Sta. Rosa and children Demdem, Philip and Mikko were also inside the house.
They heard a knock on the
door and Sonia heard the soft voice of Jonathan calling Isaias. She opened
the door and saw Jonathan looking pale. As Sonia was calling out Isaias, a
short stout man wearing a ski mask, a maroon t-shirt and short pants, and
armed with a .45 cal. pistol barged inside their house and ordered them to
drop to the floor. The armed stout man was followed by about six to ten
similarly armed men who were hooded with ski masks, wearing black t-shirts,
camouflaged pants and combat boots. Isaias Sta. Rosa was then immediately
tied with his hands at the back. He was mauled while he was being forced to
admit that he was the “Elmer” that they were looking for and that he had a
gun.
They herded Jonathan,
Sonia, Dem-dem, Mikko, Philip and Ray into one of the rooms while Isaias was
brought to the other room. The soldiers then left the house taking with
them Isaias, who was still tied and bloodied. His laptop computer and
cellular phones were taken from him.
Sonia rushed outside and
called for help from her sister Madelyn, who lives near their house. The
neighbors were stirred as Madelyn shouted for help. A few minutes later,
gunshots were heard – six shots, a pause, then another three shots.
Ray, Jonathan and their
neighbors immediately went to the direction where the gunshots came. There
they found the body of Isaias Sta. Rosa along a creek about 50 meters away
from his house.
They also found another
dead body, with the face covered by a bonnet, wearing a maroon shirt and
shorts about five meters away from the body of Isaias, along with a .45
caliber pistol fitted with a sound suppressor or silencer. He was the same
man who led the armed group that abducted Isaias.
Afterwards, a group of
policemen led by Colonel Capinpin, the chief of Daraga Police Station,
arrived along with the barangay chief, Artita Padilla. The police recovered
from the scene the pistol as well as one spent shell for .45 caliber pistol
and one .45 caliber slug. Also recovered by the police from the then
unidentified body were a Philippine Army identification card of one Private
First Class Lordger Pastrana with expiration date of 9 December 2008, and a
mission order issued in the same name by the 9th Military
Intelligence Battalion of the 9th Infantry Division, Philippine
Army, based in Camp Weene Martillana, Pili, Camarines Sur. The mission
order is signed by Major Ernest Marc Rosal and bears the effectivity date 11
July 2006 until 30 September 2006.
The other dead body was
later identified to be that of Pfc Lordger Pastrana of the Military
Intelligence of the 9th Infantry Division.
Autopsy reports showed
that Isaias Sta. Rosa died after sustaining six gunshot wounds while
Pastrana sustained one gunshot wound.
Immediately after the
killing of Isaias Sta. Rosa, the police quickly announced it through media
to be a case of robbery with homicide.
However, on 24 August
2006, the regional office of the Philippine Commission on Human Rights
released its Initial Investigation Report positively countering the theory
of the police, stating thus:
It is evident
that there is legal ground to prosecute the army soldiers in the company of
Cpl. Lordger Pastrana for murder as this case would not contemplate robbery
with homicide, but one of murder in view of the mission order found in
Pastrana’s possession and the prior incident of assault upon the household
of Sta. Rosa’s neighbor, Alwin Mirabuna, wherein these armed suspects
inquired the whereabouts of Isaias Sta. Rosa, a person possible subject of
the secret mission. Since the identity of the suspects cannot be
ascertained, it is recommended that the Commanding Officer in the
above-cited mission order be legally made answerable under the principle of
command responsibility governing military conduct.
The military and the
police did not conduct further investigation on the case. The military also
refused to reveal any relevant data, such as the names of the team members
of Pastrana. The military and the police tried to cover-up the case by
declaring that Pastrana was on Absence Without Leave (or AWOL) and that he
was in the place to woo somebody. The PNP on the other hand declared that
the case is a simple case of robbery with homicide.
In the meantime, Sonia
and her children are now living in constant fear, while Ray and Jonathan had
to move out of their barangay. Sonia is also scared of filing a case in
court because of the threat of retaliation from the perpetrators.
The case
of Eddie Gumanoy and Eden Marcellana
Eden Marcellana, then
Secretary General of KARAPATAN-Southern Tagalog; and Mr. Eddie Gumanoy,
Chairman of KASAMA-TK, a peasant organization in Southern Tagalog, led a
fact-finding team of 11 persons to Gloria, Mindoro Oriental on April 19-21,
2003 to investigate cases of human rights violations in that area.
On April 21, on their way
back to Calapan City after their fact finding investigation, the passenger
van the group was riding was blocked by armed men, some of whom were wearing
military uniforms, at the town of Naujan, Mindoro Oriental. The armed men
forcibly took away Ms. Marcellana and Mr. Gumanoy. Four others were
separated from the group, blindfolded and dropped off in different places in
Mindoro Oriental.
The following day, April
22, 2003, the lifeless bodies of Ms. Eden Marcellana and Mr. Eddie Gumanoy
were found in a roadside ditch in Brgy. Alcadesma, Bansud, Mindoro Oriental.
They were both brutally tortured before being killed. MSgt. Donald Caigas,
intelligence officer of the 204th IBPA and military asset Aniano
“Silver” Flores as well as elements of the 204th IBPA under the
command of then Col. Jovito Palparan, Jr. are believed to be behind the
killings and other human rights violations committed upon this group.
Elements of the 204th IBPA, together with military assets who
were former rebels, are also believed to be behind these killings.
Threats,
Harassment and Intimidation, Coercion, Divestment of Property –
The other members of the 11-person fact-finding team that went with Ms. Eden
Marcellana and Mr. Eddie Gumanoy to Gloria, Mindoro Oriental experienced
threats and harassments while they were under the control of the armed men
who commandeered the van they were riding. The soldiers and armed men took
their cell phones and wallets and threatened to kill them if they continue
with their work.
The summary execution of
Bishop Alberto B. Ramento
In the early morning of
October 3, 2006, Bishop Alberto B. Ramento of Iglesia Filipina Independiente
or IFI (Philippine Independent Church), widely known as the “bishop of the
poor peasants and workers”, was brutally stabbed to death in his room at the
San Sebastian Church in Tarlac City.< |