| Table of abbreviations
AFP — Armed Forces of the Philippines
AHRC — Asian Human Rights Commission
Barangay — Village
Bayan Muna — People First (political party)
Cafgu — Civilian Armed Forces Geographical Unit
CHR — Commission on Human Rights
CIDG — Criminal Investigation and Detection Unit
CPP — Communist Party of the Philippines
CTUHR — Center for Trade Unions and Human Rights
DAR — Department of Agrarian Reform
DoLE — Department of Labor and Employment
IB — Infantry Battalion
Jeepney — A form of public transport
Karapatan — Alliance for the Advancement of People’s Rights
KMP — Kilusang Magbubukid ng Pilipinas, or Philippine Peasant Movement
KMU — Kilusang Mayo Uno, or May One Movement
MPD — Manila Police District
MILF — Moro Islamic Liberation Front
Naflu — National Federation of Labor Unions
Namaos — Nagkahiusang Mamumuo sa Os (a trade union)
NBI — National Bureau of Investigation
NDF — National Democratic Front
NPA — New People’s Army
PA — Philippine Army
PAO — Public Attorney’s Office
PNP — Philippine National Police
PPMG — Police Provincial Mobile Group
RTC– Regional Trial Court
Sitio — Sub-section of Barangay
Wiper — Workers for Industrial Peace and Land Reform
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Story 1: Killing of two journalists; another threatened for criticizing murderers
Victim: Ronald Allan Mascardo, editor and publisher of a local newspaper Dadiangas Balita in General Santos City.
Details of his threats: He received threats via his mobile after he made a speech against those involved in the murder of another journalist, Chris Guarin. Names of victims killed:
1. Christopher “Cris” Guarin, publisher and editor-in-chief of a daily community newspaper Tatak News. Guarin was murdered in front of his wife and daughter on 5 January 2012.
2. Alfredo “Dodong” Velarde, Jr, circulation manager of another daily community newspaper, Brigada News. Velarde was killed on 11 November 2012
AHRC-UAC-011-2012; AHRC-STM-015-2012; AHRCSTM-
004-2012
Ronald Allan Mascardo received death threats via his mobile phone after he openly criticized those who masterminded the killing of Chris Guarin in his speech during the victim’s burial ceremony. In his speech on 15 January 2012, Marcardo said, “It deeply hurts. What do they think about us journalists? Don’t we have family, wives, children? Only because of the personal business interest of the others, of their interest to earn a living, they kill people to feed their family?”
A day after, Mascardo received threatening messages from telephone number +63946 4823367 on his phone: “Gihagit mo an nagpatay kay Chris Guarin ikaw ang sunod” (You are daring the killers of Chris Guarin. You will be next). Guarin was shot dead at 10pm on 5 January 2012 along Conel Road, Barangay Lagao, General Santos City. He was in his car with his wife, Lyn and nine-year-old daughter, on their way home, when they were attacked by gunmen riding on a motorcycle. His
wife and daughter were not hurt, but were deeply traumatized to witness his murder.
Prior to his murder, newspaper circulation manager Alfredo “Dodong” Velarde, Jr, was also killed on 11 November 2012. Velarde was shot dead in front of his office. Although the AHRC has learned that the motives for Velarde and Guarin’s murder were related, the police have been more focused on dispelling public expectations and any sense of urgency, rather than ensuring proper investigations into the deaths.
The police provided Mascardo security escorts after he received the threats; however, there were reservations as to how these police escorts usually operate in reality. In most cases, those who are being escorted take on the burden of providing food, accommodation and transportation of their escorts. The practice of journalism in the city of General Santos, where most of those who were murdered in the Maguindanao massacre on 23 November 2009 had lived, has been very difficult in recent years. The journalists murdered in the massacre have included Alejandro “Bong” Reblando, Ian Subang and Marife ‘Neneng’ Montano. Some of the family members of those massacred victims
had to leave their hometown due to continuing threats to their lives in absence of effective police protection.
Story 2: A man is electrocuted to admit he is another person
Victim: Daud Ali Manampan Rahim, 42, tricycle driver of Barangay Batulawan, Pikit, North Cotabato
Alleged perpetrators: Soldiers attached to the 7th IB-PA, under the 602nd Brigade based in Carmen, North Cotabato
Date of incident: 22 September 2011 at 4pm
Place of incident: Barangay Batulawan, Pikit, North Cotabato
Status of his case: He is presently detained at the North Cotabato
Provincial Jail in Amas, Kidapawan City. He will have to be
prosecuted for criminal charges of Sarip Milo, another person
who is at large and charged for the bomb blast in October 2006.
AHRC-UAC-205-2011
Daud Ali Manampan Rahim, a tricycle driver, was at the highway waiting for passengers when soldiers took him in their custody. A man alighted from a vehicle in camouflage uniform and armed with an Armalite rifle. He was followed by another two persons who were armed with handguns and wearing plain clothes. They told Rahim that if he did not want to get hurt, he should come with them as he had some explaining to do at their military battalion in Carmen, North Cotabatoto. They blindfolded him and tied his hands with a plastic wire.
(photo: Daud Ali Manampan Rahim is interviewed at the police station; source: Mindano Human Rights Action Center)
While travelling, they interrogated him, forcing him to admit that he was one Sarip Milo, a rebel commander and one of the accused arrested for an October 2006 bomb blast. When Rahim told them that he was not Sarip Milo and identified himself the soldiers forced him to admit that he was indeed Sarip Milo. As they travelled, Rahim sensed that he had been transferred to another vehicle. He estimated the journey took about an hour before they reached their destination. He was taken inside a room where he was again interrogated to have him admit that he was Sarip Milo. He sensed that there were five persons involved in interrogating him.
Rahim was later transferred to another room. He was electrocuted on his stomach, feet, his hands and genitals several times. They also wrapped his head using a plastic bag. When he lost consciousness twice, the soldiers poured hot water on him to wake him up. In torturing him, his interrogators would alternately electrocute him and then suffocate him with the plastic bag. Apart from forcing him to admit that he was Sarip Milo, they also forced him to admit his membership with the MILF. They made him stand for almost an hour after pulling his short pants down to his thighs, tied both his feet with his own belt and kept his hands raised upwards.
On one occasion, they removed his blindfold but instructed him to keep his eyes closed as they took photographs of him. They threatened him that if he opened his eyes his life would end. He recalled having transferred three times to other rooms. It was only in the early morning of 23 September 2011 that they stopped torturing him. All night he was not given food to eat and water to drink. In that morning, when the soldiers took him to a hospital in Pikit, North Cotabato, they did give him a glass of water to drink but no food. His blindfold was also removed before they reached the hospital.
At the hospital, a certain Dr Crusado checked his condition. When the doctor asked if he had been punched, he said no. His response though is typical of torture victims who are in custody of their torturers for fear of reprisal. The doctor then did not conduct any check-up on him, nor even of his blood pressure. He was later turned over to the custody of the Municipal Police Station of Pikit, North Cotabato.
At 11am that day, the police took records of him before taking him to the RTC in Kidapawan City. At 4pm, he was remanded to North Cotabato District jail in Amas, Kidapawan City. Rahim said that when the soldiers took custody of him, none of them showed to him a warrant of arrest with his real name written on it, informed him of the charges against him or explained to him the reason for his arrest.
The real Milo, who remains at large, is charged with multiple murders in connection with the bomb blast in October 2006 at the RTC Branch 17 of Kidapawan City. When Rahim was interviewed in jail, he complained of numbness in his left hand, pain in his heart every night and blurring of his eyesight.
Story 3: A man is detained for massacre in place of the real accused
Victim: Ramon Dadulo, he is presently detained at Camp Bagong Diwa, Taguig City, in place of the real accused Nasser Malaguia. Malaguia is one of the suspects in the Maguindanao Massacre Unit of police who arrested and detained him: Municipal Police Station of Glan, Sarangani; the Sarangani Police Provincial Office (SPPO), under its provincial police director P/Supt. Quidilla; Police Regional Office (PRO XII) of the PNP, CIDG XII
Date of his arrest: 10 November 2010
Place of his arrest: At his home in Glan, Sarangani
AHRC-UAC-195-2011
Ramon Dadulo was only invited ‘for questioning’ by policemen but instead of releasing him thereafter, they detained him in place of a real accused, Nasser Malaguia. There is documentary evidence that Dadulo is not Malaguia, who is charged with murder for the Maguindanao massacre; however, the police ignored his and his family’s pleas to prove his real identity. He was transported to Camp Bagong Diwa, Bicutan in Taguig City from his place in the southern part of Mindanao.
To legally justify their detention of Dadulo, the police threatened his wife, Lilibeth Lombone. They forced her to “admit that the man in the picture, Nasser Malaguia, and my live-in partner Ramon Dadulo are one and the same person”. They coerced her into signing the statement that the police prepared for her. Lilibeth told the police that Ramon was “not involved with the Maguindanao Massacre” and the photograph of Nasser Malaguia they showed to her is not her husband Ramon. But Joel, chief of the police of Glan Municipal Police Station, told her to just follow his orders.
Lilibeth was so “afraid for my life that I agreed to sign the affidavit they prepared”. She could not be bothered to read the statement because “they refused to let me go” and she was “surrounded by the police officers who carried their respective firearms”.
From 10 to 18 November 2011, Ramon was held in police custody, then at the regional headquarters of the CIDG XII in General Santos City before he was transferred to Taguig City on November 19. But before he was transferred, his wife Lilibeth knew that he was to be transported the day before. She immediately asked the help of the PAO in General Santos City in an effort to prevent his transfer. They submitted Ramon’s identity documents to prove that he is not Malaguia.
Despite the PAO’s intervention, by personally visiting and speaking to Police Superintendent Bowen Joey Masawding of the CIDG XII, asking them to defer his transfer and for time in order to submit all the documents to prove his identity, the policeman told them he could not do anything because he is not in charge of his custody but that they had to approach the Municipal Police Station of Glan. Upon P/Supt. Masawding’s instruction, the PAO lawyers went to the PRO XII of the PNP in General Santos City.
They spoke to Police Chief Inspector Mahar Villasis, administrative staff for the PNP regional director. The PAO lawyers and the victim’s family were deliberately deceived when the police told them “they received no information regarding the arrest and possible transfer to Manila”. They were made to believe that no detainees were scheduled to be transferred and that they could present their documents on November 19; however, they police proceeded to transport the victim as scheduled.
Story 4: “I do not know what a bomb looks like”
Victim: Rahman Totoh, 34, of Barangay San Rafael, Isabela City, presently detained at the Bureau of Jail Management and Penology (BJMP) in Isabela City.
Alleged perpetrators: Special Action Force (SAF) of the Basilan Police Provincial Office (BPPO) of the PNP in Isabela City
Date of incident: 28 July 2011 at 12noon
Place of incident: In a place about 30 minutes away from his home in Barangay San Rafael, Isabela City, Basilan
AHRC-UAC-174-2011; AHRC-UAU-003-2012
Rahman Totoh, a member of the Yakan tribe, was forcibly taken by members of the SAF of the BPPO, PNP from his home. Totoh was resting when suddenly the door of his house was kicked open. Several persons carrying M16 rifles entered, and Totoh was told, “huwag kang gagalaw” (do not move). One of them knocked him down, while three others stepped on his nape and covered his head with a balaclava.
Inside the vehicle in which he was taken, both of his ears were repeatedly flicked. He was taken to an unknown place about 30 minutes away from his home. With his head covered, he could still sense that he was inside a room. The torturers also wrapped the balaclava covering his head with adhesive tape and handcuffed him behind his back. He was interrogated about the incidents of killing in Isabela City and forced to admit involvement in the bombing incidents two months earlier. When he answered, “I don’t even know what a bomb looks like”, they repeatedly punched him, hit his chest, face, head and other parts of his body. His watch, mobile phone and necklace were also confiscated.
His torturers were forcing him to admit to the crime as they stepped on his nape and his feet. His handcuffs, which were attached to a bench, were kicked several times. They also set his moustache on fire once. For about three hours, they repeatedly subjected him to interrogation before he was taken to the Hall of Justice. At about 4pm, he was remanded to the BJMP in Isabela City. Later, Totoh learned that his arrest was due to a pending arrest warrant for murder issued by the RTC of Isabela City, Basilan; however, he had not been shown the arrest orders or had the reason of arrest explained to him, during either his arrest or interrogation.
In the medical examination report issued by Dr Jesus Daniel Naon MD, the physician who examined him at the General Hospital of Basilan, it is indicated that Totoh had marks of torture. The doctor’s medical report, however, fell short as to what the Anti-Torture Act of 2009 requires in examining the condition of persons alleging torture.
In a letter to the PNP, the AHRC mentioned that the examination and medical report that the doctor had released fell short to the requirements of the Anti-Torture Law; however, in his letter to AHRC dated 6 January 2012, Police Director Nicanor Bartolome, chief of the PNP, rejected Rahman’s allegations of torture.
In justifying the injuries that Rahman had, Police Director Bartolome said: “Totoh attempted to escape that forced the arresting officers to chase and subdue him. After which, Totoh was committed at the Isabela City Jail where he complaint of chest pain”. He added “his injuries were mostly found in the chest which could have been inflicted when the arresting officers placed him in prone position to handcuff him when he resisted arrest.”
P/Director Bartolome further argued that, “Police procedure that requires a suspect to lie on the ground facing down is a standard technique applied in performing arrest. Hence, it was concluded that the arresting officers performed their duties with regularity”.
Story 5: “If you do not admit, I will kill you”
Victim: Jedil Esmael Mestiri, 27, presently detained at the provincial jail in Isabela City
Alleged perpetrators: Members of the 32nd IB- PA, led by a certain Capt. Guianan
Date of incident: 26 June 2011 at 7pm
Place where he was tortured: Inside Camp 1 of the Military
Battalion in Lamitan City, Basilan.
AHRC-UAC-174-2011; AHRC-UAU-003-2012
Jedil Esmael Mestiri belongs to a Yakan tribe. Mestiri was resting inside his home in Lamitan City when a certain Ben (alias), said to be a military intelligence officer, called him. Having previously served the military as an informant, Mestiri was not suspicious of going out with him on a motorcycle. When they reach a checkpoint, the soldiers guarding it stopped them. Ben spoke to the soldiers, and one of them, Captain Guianan, performed a body search on Mestiri without giving any reasons. He was then instructed him to go inside the soldiers’ detachment, where they tied his hands and feet with a nylon cord, and blindfolded him.
Mestiri was later taken to Camp 1 of the military battalion in Lamitan City, Basilan. Here they interrogated him about the bombing incident in Lamitan City in 2010. They also questioned him about the kidnapping of an engineer, while they repeatedly punched his chest. He could sense that there were several persons punching him. When Mestiri asked the military why they were treating him like this despite him helping them as an informant in the past, he was only told: “Pag hindi ka umamin papatayin kita (If you do not admit, I will kill you)”.
They subjected Mestiri to repeated interrogation for over eight hours. On 27 June 2011, he was not given food to eat for breakfast, only water to drink. At 10am, they took him to a police station in Lamitan City. It was only at this time that the soldiers removed his blindfold, and when they reached the police station, his hands were untied. He was then brought to the court in Isabela City.
The soldiers did take him to the General Hospital in Isabela City to see a doctor. Mestiri informed the doctor examining him that he had pains in his chest; however, he later saw the soldiers talking with the doctor. The doctor did not pay attention to his complaint of chest pains, and nor did he inform him about what he and the soldiers had discussed regarding his medical condition.
Mestiri is presently detained at the provincial jail in Isabela City, Basilan. He is being tried over questionable charges of arson and murder that happened in 2010. In a letter to the PNP, the AHRC mentioned that the doctor who examined the accused did not pay attention to his complaints. But in his letter to AHRC dated January 6, 2012, Police Director Nicanor Bartolome, chief of the PNP, rejected both Mestiri allegations of torture against the perpetrators.
In his letter, P/Director Bartolome merely claimed that: “Before Mestiri was brought to the Provincial Jail of Isabela, he was subjected to medical check-up at the Basilan General Hospital where no signs of physical abuse or maltreatment was [sic] found”. He further defended his men, stating that: “(the) Basilan PPO maintained that Mestiri was treated fairly at the time of his confinement and that he was not subjected to any kind of torture”.
Story 6: Tortured boy temporarily released to his parents’ custody
Victim: Asraf Jamiri Musa, 17, a freshman student doing a Bachelor of Science in Education (BSED), a resident of Barangay Matatag, Lamitan City, Basilan Province
Alleged perpetrators:
1. 1 Lt Gian Carlo A. Galanza and soldiers attached to the 32nd IB, 1st Infantry Division, PA
2. P/Chief Inspector Nestor Placio of the PNP in Lamitan City,Basilan province
Date of incident: 23 June 2011 at 1:45pm
Place of incident: In Lamitan City, Basilan province
AHRC-UAU-040-2011; AHRC-FUA-015-2011
Asraf Jamiri Musa and his cousin, Pawad Esmael Alpad, were arrested after soldiers and policemen woke them. The security forces were supposedly looking for two members of a kidnapfor-ransom group, Abu Sayyaf, namely Nurhasan Jamiri and Musanna J. Musa, whom they claimed were staying at the house. When they could not find them there, they took Asraf and Pawad instead to their camp in Lamitan and later to Tabiawan, Isabela City, Basilan. (photo: Asraf Jamiri Musa is interviewed at the Provincial Jail, Isabela City. source: Task Force Detainees of the Philippines)
While in their custody, Asraf was questioned as to whether he was an Abu Sayyaf member. He explained that he was a student, but they ignored him. They released Pawad but not Asraf. At 10pm,
Asraf was forced to admit he was a member of the Abu Sayyaf Group. They blindfolded him with a handkerchief, handcuffed him behind his back, tied both the ankles of his feet with a rope and punched him on the stomach and body. They submerged him into a drum filled with water on three occasions. They wrapped his head with cellophane and threatened they would bury him in the ground. They threatened to kill him if he refused to admit he is a member of Abu Sayyaf. After torturing him for about two hours, they tied him to a waiting shed.
On the next morning, 24 June 2011, he was made to take a bath. Afterwards, he was again blindfolded and was brought in an unknown place. He was made to hold a hard object, which he did not recognize, and then he sensed that his picture was being taken. Then, he was brought to the Police station and then to the Fiscal’s office in Isabela City and that was the time he learned that it was a hand grenade, which the military told him to hold. Afterwards, he was again brought to police station. Asraf said one of his torturers introduced himself as Lt. Galanza. Also, he could recognize others who had tortured him because his blindfold was loosened. On June 25, at 5pm, Asraf was remanded to the Provincial Jail in Isabela City, Basilan, over fabricated charges of illegal possession of explosives. He was then taken to the police station and to the prosecutor’s office in Isabela City, Basilan. He was detained together with the adult prisoners after he was illegally arrested in breach of section 46 of the Juvenile Justice and Welfare Act of 2006 (RA 9344).
On June 28, Dr Alfonso L. Bravo, Jr. MD, chief of hospital of Ediborah P. Yap Memorial hospital, Lamitan District Hospital, issued a medical certificate finding evidence of the torture. In his findings, he observed that there were contusions to Asraf’s right forehead, an abrasion on his left forehead, contusion hematoma on his nasal bridge, and redness on his left chest. Asraf, however, was later released to the custody of his parents after the petition for Recognizance was granted to his family.
The fabricated charges for illegal possession of explosives have remained, however.
Story 7: Soldiers torture a man and set him on fire
Victim: Abdul-Khan Balinting Ajid, 39, baker and native of a Yakan tribe in Barangay Libug, Sumisip, Basilan province
Alleged perpetrators:
1. Captain Sherwin Guidangen
2. Staff Sergeant Elmer Magdaraog
3. Sergeant Edgardo Santos
4. Sergeant George Awing
All of them are attached to the Special Operation Task Force-Basilan of the 39th Scout Rangers under the command of Colonel Alexander Macario
Date of his arrest: 23 July 2011 at 5:30am
Place of his arrest: In Barangay Libug,Sumisip, Basilan
AHRC-UAC-157-2011
Abdul-Khan Balinting Ajid was forcibly taken by soldiers from his home in front of his children. At 4:30am on 23 July 2011, somebody kicked open their door after throwing rocks at their house. A group of soldiers in camouflage fatigues entered and ordered Ajid to lie face down. They stamped on his back, and tied his hands behind his back using a plastic straw. (photo: Abdul-Khan Balinting Ajid at the hospital; source: TFDP and the Mindanao People’s Caucus)
Two of Ajid’s children fainted due to fear after seeing a group of soldiers carrying firearms. The soldiers destroyed their belongings after illegally searching their house. They asked Ajid’s wife, Noraisa, if they had a gun in their possession to which she replied that they did not. They grabbed Ajid, whom they left laying face down on the floor. They dragged Ajid out of the house, made him walk towards an approaching six-by-six truck and took him for questioning at the military camp in Tabiawan, Isabela City, Basilan. He was blindfolded throughout their travel but he managed to see a little bit so he was able to recognize the places where he was brought.
At the military camp, Ajid was brought to the waiting shed area. He was not given any food. A person arrived and interrogated him. He was asked if he is a member of Abu Sayyaf group, which he denied. He was asked if he knew any Abu Sayyaf members and every time he denied he was paddled using a piece of wood on his back, stomach and shoulders. He was also kicked about the head. In the evening of July 24, the soldiers interrogated Ajid asking him whether he was in possession of two guns, which he denied. They started beating him again, repeatedly punching and kicking at different parts of his body, but particularly his chest. They inserted the neck of a bottle into his anus four times after beating him.
On July 26, Ajid was taken to the Office of the Prosecutor, DoJ in Zamboanga City. The prosecutor asked Ajid incriminating questions even though there was no criminal complaint filed on his name. The soldiers who took him to the prosecutor’s office did not subject him to inquest proceedings. When they left the prosecutor’s office, Ajid fell to the ground after he was kicked in the stomach by one of his custodians. This person claimed Juhaydi and Ajid’s son (name not mentioned) are one and the same person.
At 3pm, the victim was taken somewhere in Zamboanga town where his custodians had a drink before going back to Basilan on a speedboat. His blindfold was removed throughout their travel. When they arrived in Basilan port, Ajid was again blindfolded, his head was covered and his wrists were also handcuffed. At 8pm that day, Ajid was again interrogated at the military brigade. One of those taking him in custody told him: “You are lying. You are a member of Abu Sayaff”. They submerged Ajid into a drum filled with water upside down and once again inserted a bottle in his anus. Ajid, who was half-naked and wearing only jeans, was set on fire on three occasions after his torturers poured gasoline on his head down to his lower abdomen. He could not remember how the flame went out. After setting him on fire, he was told: “Hanggang itto nalang buhay mo (your life ends here)”.
They also burnt his right foot with a lit cigarette. On July 27 they changed Ajid’s dress. They give him pants, shirt, fed him and let him sleep the whole morning. He was very weak. At 2pm, his wife Noraisa filed a petition for writ of habeas corpus. Judge Leo T. Principe of the RTC, Branch I in Basilan, Isabela City, ordered the court sheriff to require the military brigade to produce the victim in court. At 3pm, Ajid was produced in court where Ajid’s family saw him visibly injured and his skin burnt. Ajid was taken to Basilan Community Hospital, Inc. for treatment. On 30 July 2011, Dr Jheimar B. Francisco, MD, the physician who examined Ajid, issued his initial medical diagnosis, indicating the victim had suffered burns to his face, neck, lower abdomen, thighs and right shoulder.
Judge Principe, however, issued a remand order for Ajid to be transferred to the provincial jail in Isabela City even though he knew full well that during his arrest and detention in military custody no criminal charges had been laid on Ajid’s name. He also proceeded to hear the habeas corpus petition while Ajid was in detention for many months, before dismissing it.
Story 8: Soldiers kill four farmers on pretext of ‘legitimate encounter’
Victims:
1. Vicente Flores, 41, male, farmer, married with four children
2. Richard Oliva, 44, male, farmer, married with two children
3. Melecio Monacillo, 45, male, farmer, married with 3 children
4. Jonathan Monacillo, 21, son of Melecio, single, graduating student of Sta. Maria National High School.
All are members of the Masbate People’s Organization, a local chapter of KMP, and residents of Barangay Mapuyo, Mobo,Masbate
Alleged perpetrators: Elements of the 9th IB-PA based in Barangay Armenia, Uson, Masbate
Date of incident: 7 September 2010 at 12:30pm
Place of incident: Sitio Irong-irong on the boundary of Barangay Mapuyo and Barangay Mabuhay, Mobo, Masbate
AHRC-UAC-161-2010
On 7 September 2010, at 9am neighbours Vicente Flores, Richard Oliva and Melecio Monacillo and his son, Jonathan, had gone hunting in the forested boundaries of Barangays Mapuyo and Mabuhay, in Mobo, Masbate. After 12noon, they rested in the house of Eliseo and Rosie Albao. At the time, only Rosie and her children were present as Eliseo had to go to work as a labourer, cutting grass on his neighbour’s farm. The four farmers were so tired after returning from hunting that they fell asleep right away.
At 12:30pm, an undetermined number of soldiers emerged from an uphill position. As they were passing by Rosie’s house, they suddenly open fired on the house instantly killing three of the occupants, Vicente, Melecio and his son, Jonathan. The soldiers shot at the house even though they were not provoked. The farmers were asleep when they started shooting. Richard, who initially suffered gunshot wounds from the first volley of gunfire, tried to run for his life by jumping out the window. But the soldiers finished Richard off after seeing him escaping. Rosie and her children, shocked by the assault, ran for their lives away from their house.
From a distance, Eliseo, the owner of the house, heard the gunshots and saw a massive cloud of smoke rising from the direction of his house. He was in a state of shock when he arrived home to find the dead bodies of four farmers riddled with bullets. Vicente had his genitalia smashed by the impact of the bullets; his abdominal area burst open and blood spilled over the floor. His hand was almost severed. One of Melecio’s shoulders was shattered, and his leg bore gunshot wounds. Jonathan suffered gunshot wounds to his jaw. The bullets pierced his skull and went into his back. The dead body of Richard, who was trying to escape, was found outside the house with his skull smashed by the impact of the bullet. His body also had several other bullets wounds. After the incident, Eliseo’s family could no longer be found.
The soldiers proceeded to the direction of Barangay Sta. Maria after they made sure all the victims are dead. They informed the village officials that they had killed four NPA rebels supposedly in a firefight. Before leaving, the soldiers told them to retrieve the dead bodies and bring them to the Municipal Hall in Mobo. The relatives of the victims later collected the bodies of their loved ones.
Story 9: Eleven activists laid with questionable murder complaints
Names of the persons accused:
1. Leo Caballero, a correspondent for the CTUHR in Bicol region and also head of the Human Rights Department of the KMUBicol
2. Maria Agnes Pacres, regional coordinator of Karapatan
3. Beverly Quintillan, Bagong Alyansang Makabayan (BAYAN)
4. Felix Paz, chairperson of the KMP
5. Jose Pernia, chairperson of Bayan Muna-Bikol
6. Jariz Vida, secretary-general of Bayan Muna-Camarines Sur
7. Eric Torrecampo, Bayan Muna-Camarines Sur
8. Neptali Morada
9. Reynaldo Hugo
10. Edgar Calag
11. Ka Boris Taba
Nature of the charges: Two counts of murder, four counts of frustrated murder, three counts of carnapping (stealing a vehicle) and a special case of malicious mischief. The complaints were related to the attack of a military camp on 25 May 2006 at 10pm in Barangay Pawili, Pili, Camarines Sur. The camp is where the
Military Intelligence Battalion (MIB) of the 9th Infantry Division of the PA is stationed.
Office where the complaint was filed: Office of the Provincial Prosecutor, Camarines Sur province. The subpoenas sent tothe persons accused on 16 August 2010 were signed by Mr. Esperidion R. Solano, assistant provincial prosecutor.
Complainant: Captain Allan Cornejo, a member of the 9th Infantry Division of the PA attached to the Camp Elias Angeles, Caboclodan, San Jose, Pili
AHRC-UAC-157-2010
On 16 August 2010, Mr. Esperidion R. Solano, assistant provincial prosecutor in Camarines Sur province, had sent subpoenas to the eleven activists mentioned above and several others to respond to a complaint filed by Captain Allan Cornejo. Cornejo filed the complaint of murders against the eleven activists for allegedly attacking their camp on 25 May 2006. Cornejo claimed those who had attacked them were members of the NPA, a rebel group. A military officer and a civilian were killed while four soldiers were wounded in the attack. The complaint also claimed the respondents had stolen three vehicles, which the rebels used in the assault, from the civilians.
The complaints, however, heavily relied on the testimony of one of the witnesses, Edwin Nazarionda, who claimed that prior to the attack the eleven activists took part in the executive meeting of Bayan Muna on 28 April 2006. He claimed that it is in this meeting that they had unanimously agreed to launch a tactical offensive against the intelligence unit of the military. Nazarionda claimed that he was a former NPA rebel and at the same time working as a pastor for the United Methodist Church. He claimed personally knowing the respondents, particularly Caballero, whom he said were coordinating with him in his propaganda and liaison work.
Apart from Nazarionda, two others, namely Eleazar Cells and Renante Legata, who claimed to be former NPA rebels, had identified them in the sworn statement they executed at the Pili Municipal Police, PNP. It is these statements that the police had used in filing charges at the Camarines Sur Provincial Prosecutor on 30 June 2010.
Caballero, however, neither knew Nazarionda personally nor was he present during the meeting in which the witness claimed the plan to carry out the attack had been decided upon. In fact, in Caballero’s defense, he was physically not present at the place where the attack happened because he was on a fact-finding mission in another place investigating a case of extrajudicial killing in another place and he was being interviewed by radio stations and other journalists.
Story 10: Veteran activist had P50,000 bounty on his head
Victim: Bernardino “Toto” Patigas, 62, of Escalante City, Negros Occidental. He is the secretary general of the Northern Negros Alliance of Human Rights
Alleged perpetrator: Timoteo Ballesteros, over 40 years old, sugarcane planter of Bacolod City, Negros Occidental
Date of incident: November 2009
AHRC-UAC-106-2010; AHRC-UAU-038-2010
Bernardino Patigas is a veteran activist. He is one of those who survived from the ‘Escalante massacre’, a public protest in Escalante City, Negros Occidental, in September 1985 to commemorate the declaration of Martial Law that turned bloody.
At least 20 protestors, composed of workers were killed when paramilitary forces fired at crowd of protestors. Patigas, one of the known activists in Negros Island, had since been targeted by wealthy landowners, paramilitary men and the soldiers for his involvement in pushing for the distribution of land to landless farmers in Negros. The threats on him are part of his life; however, the latest threats that he had received in November 2009 had been serious. An unknown person, who claimed to have known him, warned him at the letter that: “Beware because the people led by Efren Amarilla will kill you. Efren is a member of an organisation (Guardians) established by the military.”
In January 2010, Patigas again received another threatening letter. In the letter Efren Amarilla, Boy Palabrica, Tolendoy and two others whose names were not mentioned, it wrote: “My people will kill you.” The letter also attached a mission order from Efren and signed by the chief of the Intelligence Special Action Force. A bounty of 50,000 pesos (USD 1,200) had also been offered once Timoteo Ballesteros kills him. Ballesteros is a former military man. He used to be part of the Philippine Navy and he was a graduate of the Philippine Military Academy. One of Patigas’ colleague confronted Boy Palabrica, one of those paid by Tim Ballesteros, about the letter. Palabrica confirmed that (the letters containing threats) were true; however, he refused to stand as witness should Patigas file a case.
Apart from the threats in the letters, there were leaflets that were widely distributed in the city showing him carrying a coffin towards a person in the mountains carrying a firearm. There are also drawings (posted widely) of him carrying a coffin and also carrying an Armalite rifle, which are all part of maligning his person; and also in media reports they had publicly accused him of being as supporter of a rebel group. (In the Philippines, an activist portrayed in such way implies that he is one of the supporters of a rebel group that operates in the mountain). There are also leaflets showing him carrying a firearm and stepping on dead bodies.
After the threats on him were exposed, the AHRC had a follow up interview with him. He said the threats on him had subsided; however, it still remains. Also the threat he received from Ballesteros subsided after his colleagues confronted him. But while Ballesteros refrains from threatening him the military has not. They continue to damage and malign his name. Ballesteros had been bribed to kill Patigas and his in-law on allegations that they were leading the taking over of land to cultivate in Escalante City. The soldiers also disliked their work in the community because they were responsible in organizing the people to be critical of the soldiers.
Patigas said that they had difficulty in seeking remedy for writ of amparo because the witness, refused to testify for his case.
Story 11: ‘Clear your name or you die’
Victim: Yolanda Pineda, teacher in a Day Care center, leader of Pagkakaisa ng Kababaihan para sa Kalayaan/ Unity of Women for Freedom, Lubao, Pampanga, a paralegal officer for Defend, Central Luzon (Central Luzon Human Rights Defenders)
Alleged perpetrators: Soldiers attached to the 3rd IB-PA
Date of incident: 9 April 2010
Place of incident: At Purok 5, Barangay San Antonio, Lubao, Pampanga
AHRC-UAC-106-2010; AHRC-UAU-038-2010
Yolanda Pineda received a letter, which had black ribbon on it, with a name “Let Pineda” written on it. Let is Yolanda’s nickname. The letter was found by her eldest daughter. The sender was supposedly a certain Ka Diego Magtanggol. The letter was originally written in Filipino and has been unofficially translated as: “We are giving you reasonable time after receiving this notice to clear your name. Your failure to comply would mean you are not interested in clearing your name and it will mean a bold forceful move or DEATH!”
The sender claimed to have known Yolanda and accuses her of having connection with an illegal armed group, the Marxist Leninist Party of the Philippines (Marxista Leninista Partido ng Pilipinas — Rebolusyonaryong Hukbong Bayan), who was giving training and education. The letter further claimed that apart from being a member of the group, she also continuously participates in demonstration as a member of the Kilusan para sa Pambansang Demokrasya (KPD) Movement for Nationalism and Democracy).
Days after receiving the letter, on 14 April between 6:30 to 7pm, about eight houses away from Yolanda’s residence two unidentified men on a motorcycle approached Richard Absalon, a health worker in the Barangay. The two asked him: “Do you know Let Pineda? Where does she live?” Richard, replied, “I know Let Pineda, but why should I tell you? I don’t even know you”.
The two men left. They were described as wearing camouflage uniforms, civilian clothes and helmets. At the time, Yolanda had just taken part in a press conference that the KPD and the Philippine Alliance of Human Rights Advocates had conducted. The conference was to oppose the heavy military presence in the area. However, it was only two days later, 16 April, that Richard informed Yolanda about the incident.
Story 12: Three anti-mining activists forcibly disappeared
Victims:
1. Ronron Landingin, of Sitio Matalvis, Barangay Inhobol, Masinloc, Zambales
2. Daryl Fortuna
3. Jinky Garcia
Alleged perpetrators: Five unidentified armed men, soldiers attached to the 24th IB-PA, headed by Col. Wilfredo Patarata
Date of incident: 9 March 2010 at 9pm
Place of incident: Sitio Matalvis, Barangay Inhobol, Masinloc, Zambales, Central Luzon
AHRC-UAC-076-2010; AHRC-UAU-032-2011
Five unknown persons armed with pistols reportedly entered the house of the Landingin family in Sitio Matalvis, while the entire community was in darkness due to an electricity blackout. They forcibly took the victims, Ronron Landingin, Jinky Garcia and Daryl Fortuna, to a waiting car. Three days later on 12 March, the villagers who personally know the victims saw them in custody of the 24th IB-PA with their hands cuffed during a military operation in the area. It appeared that they were being used as guides by the soldiers. They were easily recognizable as well known community organizers in the area. Also, one of the witnesses was able to speak with one of the soldiers on foot patrol, to confirm that the three persons were with them.
The army personnel were also clearly identifiable. They were in full uniform with the nameplate “ARMY” visible. On 15 March 2010 the parents of Ronron were able to speak to him via his mobile phone, and he told them that he believed that the soldiers had taken him to Pangasinan, another province. They were helped at this point by the regional office of the CHR, which has withheld further details of the conversation until their investigation is complete. The victim’s family filed a complaint at the CHR.
Meanwhile the relatives of Jinky Garcia and Daryl Fortuna have been unable to locate them when they went to the headquarters of the 24th IB under the PA, or to visit the PNP. They are also pursuing legal action against the soldiers to help secure the victims’ release. But despite having been positively identified by witnesses and villagers alike as directly involved in the victims’ disappearance, Col. Wilfredo Patarata, commander of 24th IB-PA, has denied having them in custody. He nevertheless committed himself to cooperating with the investigation.
On 17 April the organization to which the victims were attached filed a writ of amparo, a judicial remedy for persons whose life and security are threatened. The attempts were to lodge this on behalf of the three victims after two witnesses had initially expressed their willingness to testify. Yet since then the witnesses have expressed concern for their safety and have been reluctant to cooperate. In March 2010 Ronron’s parents postponed their pursuit of the case due to lack of adequate protection; they have gone into hiding with their families.
Story 13: Police arbitrarily detained protesting farmers and laid legally incoherent charges on them
Victims:
1. Maria Garcia, 39
2. Dorotea Mangubat, 46
3. Annabel Natanauan, 28
4. Francisca Mangubat, 71
5. Mario Mangubat, 36
6. Gilbert Caraan, 25
7. Lamberto Caraan, 40
Minor Victims:
1. Roger Nidia, 16
2. Reyson Jeffrey De Leon, 15, son of farmer Wilfredo
3. Melvin Natanauan, 16, son of farmer Reynaldo
4. Jorge Mangubat, 12, is the grandson of Franscisca
Names of wounded victims but not included in the charges:
1. John David Villalon, 24
2. Enrique Tejada, 22
Alleged perpetrators: About 30 members attached to the Special Weapons and Army Tactics (SWAT), Calamba City Police Station (CCPO) and the Police Regional Office (PRO) of the Philippines National Police (PNP); and Dan Calvo, an architect who is attached to the landowner of Hacienda Yulo; and at least 20 of their private security guards.
Date of incident: 21 May 2010 at 8:30am
Place of incident: Sitio (subsection of the village) Buntog, Barangay Canlubang, Calamba City, Laguna
AHRC-UAC-071-2010; AHRC-UAU-034-2011
A group of farmers and their children were at the makeshift tent that they built on 5 April 2010. They were protesting against the cutting down of coconut trees which they cultivated at the plantation of the Hacienda Yulo. Cutting down of the coconut trees was seen by the farmers as part of the landowners’ action to implement the conversion of the contested farm land for residential, industrial and commercial purposes. This would allow them to construct an expensive housing subdivision depriving the farmers of their livelihood. (photo: Enrique Tejada-one of the protestors the police arrested. source: KASAMA-TK)
The farmers were at the main road entrance to Sitio Buntog when land surveyors arrived. They were led by Dan Calvo, an architect connected to Jose Yulo Architect & Associates, Laguna Estate Development Corporation and San Cristobal Realty Corporation, owned by the Yulos. In their company were at least 20 private security guards, a composite team of about 30 members of the Special Weapons and Army Tactics (SWAT), policemen from the Calamba City Police Station and the Police Regional Office of the PNP.
One of the witnesses, Axel Pinpin, secretary-general of Katipunan ng mga Magbubukid sa Timog Katagalugan (Kasama-TK) (Federation of Peasant Organisations in Southern Tagalog), said he saw the farmers approaching Calvo to speak and to discuss with him about their grievances. However, he ignored them with his outright arrogance. When the farmers showed to Calvo their pending petition before the Office of the President (OP) for the revocation of the questionable order of the DAR issued in 1992 exempting the Hacienda Yulo from distribution under the Comprehensive Agrarian Reform Program, he refused to recognize the validity of the petition.
At the time, the policemen and private security guards escorting Calvo were all carrying long firearms. They allegedly began violently pushing the protesting farmers away and arrested them one after another taking them to the Calamba City Police Station. They also arrested the four boys because they were with their parents. The four boys were taken into the custody of the Department of Social Welfare and Development. The boys who were supposed to have been released for lack of criminal liability being minors were nevertheless included in the charges that the police filed together with the adults. They filed charges for violation of Article 148, for Direct Assaults; Article 155, for Alarms and Scandals; and Article 286, for Grave Coercions of the RPC.
However, the Complaint-Affidavit submitted by the police to the court did not contain information or allegations on the acts the farmers committed against them on the offense of Grave Coercion and Alarms and Scandal as required under the RPC. Firstly, the policemen were unable to prove sufficiently that “violence” had indeed been used to “prevent (them) from doing something not prohibited by law to justify Grave Coercion; secondly, nothing in their statement contains acts that would justify that they had committed “Alarms and Scandal”. Also, one of the charges the police and prosecutors filed against the farmers is, “serious resistance and disobedience” does not exist in the RPC but they nevertheless filed charges on them on this legally incoherent charges and the non-existent offense.
Also, the police were unable to prove that each of the accused had committed the offense as charged. For example, the inclusion of 71-year-old Francisca in the charge was simply because the police saw her walking to and fro along the road. And, the inclusion of the four minors in these charges was only for reason that they were sitting in the middle of the road when the incident happened. None of their actions could have legally justified the filing of charges mentioned above on them.
All of them were temporarily released on 25 May 2010 after posting a bail of 6,500 Pesos (USD 140) and processing fee 1,500 Pesos (USD 32).
Story 14: Three people die, including a 7-year-old boy, in a police demolition of shanties
Victims:
1. Rajib Batalo, 7
2. Hakim Usman, 30
3. Yacub Macalnas, 37
Victims wounded:
1. Imam Mus-Ab Baniaga, 40
2. Malik Mosib,
3. Damron Datu Imam,
4. Master Dimas Sultan, 37
5. Macauna Baraucor, 35
6. Sultan Macaaras Dalama, 55
7. A 7-year-old boy.
All of them were immediately taken to the Pasay City General, San Juan de Dios, and other nearby hospitals.
Number of affected families: About 400 families
Alleged perpetrators: Policemen attached to the Pasay City Police Office (PCPO) lead by its head, Senior Superintendent Raul Petrasanta; Police Regional Office of the National Capital Region (PRO-NCR); Regional Mobile Group and the Pasay City government’s City Engineering Office (PCEO) and the Department of Public Works and Highways
Date of incident: 18 November 2009
Place of incident: At the Rajah Sulayman Lumba Ranao Grand
Mosque along Roxas Boulevard, Pasay City
AHRC-UAC-159-2009
Three people were killed when a demolition team composed of about 300 policemen and other staff of a local government demolished the shanties of informal settlers built surrounding the Rajah Sulayman Lumba Ranao Grand Mosque in Roxas Boulevard. Senior Superintendent Raul Petrasanta, chief of police of PCPO, who lead the team as ground commander, was reportedly carrying writ of execution to implement the demolition of the shanties. But the writ, issued on 11 August 2009 by the RTC, Branch 274, in Paranaque City, could not have been legally valid because it had already expired. They also did not comply with the rules on demolitions, for example, giving occupants subject to the impending demolition a notice to vacate.
Therefore, because the informal settlers were not aware of the scheduled demotion, they formed a human barricade, mostly of women, to prevent the demolition team from entering the property subject to demolition. As a result of the confusion and uncertainties as to what was going on, the scene quickly became chaotic. The children, women and elderly were running from one place to the other to seek safety. Some of them crawled to a grassy portion for cover while others scuffled with the demolition team. The policemen, armed with M16 rifles and pistols, broke the human barricade by force by shoving and pushing with the metal truncheons they were holding. After breaking through
the policemen and the demolition proceeded in dismantling the occupant’s shanties. The demolition team also arrested a 13-yearold boy (name withheld) for carrying a slingshot the demolition team later claimed was used against them.
When the occupants defending their dwelling began throwing rocks at the policemen, they began shooting at them killing three persons, including a boy, and wounding several others. According to Abdelmanan Tanandato, community leader of the Association of Demolished Residents of Roxas Boulevard (Samahan ng Nagkakaisang Nademolis sa Roxas Boulevard), the dead bodies of the three victims’ sustained gunshot wounds from M16 rifles and 9mm pistols, the type of firearms the policemen were using at the time.
The policemen denied deliberately shooting justifying that the shots fired were only meant as warning shots. But in the video taken by a local news television, GM A News, the direction in which the bullets landed suggests that they were not warning shots. The bullets fired struck and were visible in the walls of the mosque.
Story 15: Overt surveillance on a labour group’s office
Name of the organization under threat: Cebu CTUHR
Date of incident: September to October 2009
Place of incident: Lapu-lapu City
AHRC-UAC-141-2009
Suspicious looking men with military ‘buzz cuts’ had been taking pictures and videos of people visiting the office since late September 2009. The office is in Lapu-Lapu City, on Visayas Island. It is reported that these men, who appeared to be armed, had been taking turns watching the only entry to the organisation’s private compound.
A volunteer at CTUHR, who helps workers of the nearby Mactan Export Processing Zone (MEPZ) and victims of demolitions nearby, reported that on one occasion on 2 October a man sat outside for half a day at a table, taking photographs of people coming in and out of the office for a meeting. Late that night the volunteer was called to by three men near the compound, raising his fears that he was being targeted.
The Center’s branch office in Lapu-Lapu City had started operation earlier in the year and its staff and volunteers facilitate training and basic human rights education. They also support the activities of Unity for Workers Rights (U4WR), which deals with workers rights advocacy and was also established on the same year.
Story 16: An urban poor leader and her son killed for defending their dwelling
Victims:
1. Maria Myrna Porcare, a leader of Samahan ng Magkakapitbahay sa Pechayan (SAMASAPE)
2. Jimyr Porcare, son of victim No. 1. They both lived in Pechayan, Barangay North Fairview, a community near Tullahan River in Quezon City
Alleged perpetrators: Security guards of Melecio Lavares, a person claiming ownership of the contested lot the victims and their fellow villagers are occupying.
Date of incident: 9 October 2009
AHRC-UAC-136-2009
Maria Myrna Porcare, leader of Samahan ng Magkakapitbahay sa Pechayan (SAMASAPE) and her son, Jimyr Porcare, were shot dead by the private security guards of Melecio Lavares, a person claiming to be owner of the contested property. The contested lot where the incident took place is located in Pechayan, Barangay North Fairview, in Quezon City. It is an urban poor community near the Tullahan River.
The guards were responding to orders by the landowner, who had been granted a writ of execution by the Metropolitan Trial Court (MTC) Branch 38 in Quezon City for the eviction of a family named Domingo. The family is reported to have also been occupying a portion of the contested 2.4 hectare property. (photo: Maria Myrna Porcare; source: Urban Poor Associates)
However, when the guards began fencing the property, instead of fencing only the areas which the Domingo family was occupying (and which was the subject of the court order), the guards had started fencing the entire 2.4 hectares, which prompted the villagers to resist them. The areas the guards were fencing included the houses and dwellings of the victims and over 1,000 informal settlers who had been living in the area for over 20 years.
Mrs. Porcare was leading the villagers in trying to stop the guards when she was shot in the stomach with a shotgun. When her son, Jimyr, rushed to her side he was shot and killed instantly. The 15 security guards in attendance were all armed with shotguns. The perpetrators, whose names for the time being cannot be mentioned, have been charged with two counts of homicide. They were arrested and taken to the Crime Investigation Detection Unit (CIDU) of the PNP in Camp General Tomas Karingal in Quezon City.
Story 17: Policemen squabble over reward for a rebel who surrendered
Name of the detainee: Edgardo Barona Molina, a native of Abra province; from the indigenous Binodngan tribe, a sub-tribe in Kalinga, northern Philippines. He was a former student activist and peasant organizer before joining the NPA in Ilocos Sur province.
Alleged Perpetrators: (All under the PNP)
1. 103rd PPMG, headed by Superintendent Ricardo B. Dayag, Jr.
2. Special Action Forces (SAF) of the Police Regional Office (PRO), headed by Chief Supt. Eugene Martin.
3. The director of the Cordillera Administrative Region (CAR).
AHRC-UAC-128-2009
Edgardo Barona Molina was a former student activist and peasant organizer before he joined the NPA, a rebel group in Ilocos Sur province. He was urged to surrender for a variety of crimes, and did so.
On 2 December 2008 the police took Molina to Camp Rafael Crame in Quezon City, several kilometres from Abra, where he was presented to General Luizo Ticman (former head of PNP’s Police Regional Office I or PRO). Molina has since been held at the headquarters of the 103rd PPMG in Camp Elpidio Quirino in Bulag, Bantay, Ilocos Sur. On 4 December former PNP Deputy Director General Jesus Versoza presented him to the media during a press conference and declared that Molina had instead been captured by the police. We are told that Molina discovered that a 1-million peso (USD21,100) bounty had been put up for his arrest.
On 11 March 2009, when Molina was taken to court for the arraignment of his cases another two police units — the SAF of the PRO, headed by Chief Supt. Eugene Martin and the police director of the Cordillera Administrative Region (CAR) — engaged in an unprofessional ‘tug-o-war’, squabbling over who had taken custody of him. We have learned that they even appeared in open court, trying to re-arrest Molina in open view of Judge Alzate. The judge was forced to intervene, deciding that the PNP’s 103rd PPMG should supervise and take custody of Molina, and the two contesting police units were prohibited from taking Molina into their custody.
Valid concerns for his client’s safety has led his lawyer, Atty. Amilcar Begornia to file an appeal before the Supreme Court seeking for the transfer of his hearing from Abra province to Ilocus Sur province: ‘for fear that interest groups claiming the supposed bounty for his arrest might trigger conflict between contesting parties that might endanger his life and family’. As explained further below, government employees, including police officers, are prohibited from taking rewards or bounty in the performance of their duties, yet are widely believed to do so anyway.
The attorney’s fears are founded on a number of other procedural violations. For example, before Molina surrendered we have learned that there had been negotiations in November 2008 in which amnesty was promised. These were carried out with indigenous and largely vulnerable village elders, and former town official, and Superintendent Ricardo B. Dayag, Jr. of the 103rd PPMG, who allegedly told the elders that Molina would be offered amnesty, should he turn himself in. The SI told them that they would seek the help of Chavit Singson, former governor of Ilocos Sur and the current Deputy National Security Adviser to this end.
Molina decided to surrender on 1 December 2008 after being told that amnesty had been arranged. In a charade, Supt. Dayag and his men fetched Molina from Bangued Abra and took him to Vigan Ilocos Sur where Singson lives. At 5pm, Supt. Dayag told Molina that Singson was out of the country, and showed him the arrest warrants.
Story 18: Arbitrary arrest of two men and disappearance of another in police custody
Victims:
1. Dag Sandag Guiamalon (his nickname is Nasrodin, ‘Dok’), 37, married with three children, fisherman, of Barangay Nabalawag, Midsayap, Cotabato. His whereabouts remain unknown
2. Tong Baman, 39, married with seven children, fisherman, of Barangay Nabalawag, Midsayap, Cotabato
3. Abdulnur Mangkiang, 26 years old, married, fisherman, of Barangay Nabalawag, Midsayap, Cotabato
Baman and Mangkiang were released from military custody to the Barangay officials on 18 May 2009 at 4pm. All the victims are of the Maguindanaon Tribe
Alleged perpetrators: Soldiers attached to the 40th IB-PA.
Date of incident: 18 May 2009 at 4am
Place of incident: Barangay Nabalawag, Midsayap, Cotabato
AHRC-UAC-100-2009
Neighbours Tong Baman, Abdulnur Mangkiang and Dag Sandag Guiamalon were sleeping separately in their own homes on 18 May 2010 when soldiers attached to the 40th IB-PA came to their place in Barangay Nabalawag, Midsayap, in Cotabato.
At Tong’s house, three soldiers wearing plain clothes and military uniforms demanded his wife Kalimatol to awaken him. The soldiers went inside their house without the occupants’ consent. When they saw Tong, the soldiers asked his name. They ordered him to come out but he first refused out of fear of being killed. He agreed to come out only after he was told the soldiers wanted merely to ask him few questions.
When Tong’s neighbour approached the group of soldiers to inquire what was happening, they instead tied his hands behind his back with a nylon rope. At 4:30am the group of soldiers entered the house where Guiamalon and Mangkiang were and arrested them. They each had their hands tied with nylon ropes behind their backs. The soldiers then took Baman, Mangkiang and Guiamalon to their detachment. At 7am, they took Baman and Mangkiang to separate huts where they were interrogated after putting linentype blindfolds on them. At the time, Baman saw the soldiers leaving, taking Guiamalon with them in an L-300 van. At the hut, Baman and Mangkiang were questioned about their involvement with a rebel group, the MILF. The soldiers punched Baman several times in the face and chest, hitting his feet with the butt of an Armalite rifle, when he told the soldiers they were fishermen, not MILF members. Hot chilli was also applied to his penis. They also punched Mangkiang three times in the abdomen.
At 9am, a member of the barangay council and his Secretary came to the 40th IB unit to inquire into the whereabouts of the three victims. By 4pm, the soldiers had Mangkiang and Baman in their custody. Guiamalon, on the other hand, was not with the other two victims, but was later reported to have been turned over to the local police station. May 18, this was confirmed by a receipt was signed by Police Chief Inspector Emeliana Piang Mangansakan. As chief of police of Datu Piang Municipal Police station, she had taken custody of Dag Sandag Guimalon after he was turned over by soldiers of the 40th IB-PA.
However, on May 19 a follow-up visit was made at the same police station and barangay officials and the relatives of Guimalon found he was no longer in police custody. The police did not properly explain to them who had taken custody of Guiamalon. When they showed the acknowledgement receipt, which bears the name and signature of Police Chief Inspector Mangansakan, she denied having signed the document. She claimed that she was not on duty when the turnover of the victim took place. The whereabouts of Guiamalon remain unknown.
Story 19: Soldiers torture a man with electric shocks to his sex organ to force a confession
Victims:
1. Mansur Utto Salih, 32, of Sitio Project, Ungap, Sultan Kudarat, Maguindanao Province. He is presently detained in a jail in Bicutan, Metro Manila.
2. Andy Makasaop. He was released without any charges ahead of Salih.
Alleged perpetrators: Soldiers attached to the 6th Infantry Division, PA whose headquarters are located in Awang Airport, in Barangay Awang, Datu Odin Sinsuat, Maguindanao.
Date of incident: After he was abducted on 9 January 2009, he was held incommunicado until 7 April 2009.
Place where the victims were abducted: Sitio project, Upper Ungap, municipality of Sultan Kudarat, Maguindanao
AHRC-UAC-081-2009
On 9 January 2009 at 11am, Mansur Utto Salih was eating lunch with two others, Andy Makasaop and a person whose nickname is Gulam. At the time they were at Salih’s house and suddenly armed men entered. One of them shot at Salih prompting the latter to drop to the floor for cover. Two men bound Salih and Andy’s wrists, blindfolded and gagged them with adhesive tape.
The armed men then loaded Mansur and Andy onto their vehicle that took them somewhere for about 30 minutes. They could hear the sound of an airplane prompting them to believe that they must have been inside military headquarters of 6th Infantry Division, PA. Mansur and Andy were then taken inside a room. The adhesive tape binding their wrists was replaced with handcuffs (the scars were still visible when the interview was conducted). Mansur and Andy were held incommunicado separately. Mansur later learned that Andy had been released but he could not determine when. Unlike Andy, however, Mansur was held for over three months.
When interviewed on 16 April 2009, Mansur spoke of the torture and ill treatment he endured. His ankles were chained and the soldiers applied electric shocks to his sex organ, his body and behind his ears. Each time they applied the electricity they held it against him for few seconds. They poured cold water on his face and body every time he lost consciousness. Both his feet became swollen when they were struck repeatedly with an iron bar. He was also punched about the stomach and chest several times. Mansur sensed there were three persons questioning him while six others were torturing him. He was also deprived of food and water.
For seven consecutive days, Mansur experienced the same ordeal and was taken to three different rooms where he was interrogated and tortured. Within this period, he was only given food and water on two occasions. He also remained chained. On 16 January 2009, Mansur was loaded onto a vehicle, handcuffed and blindfolded and taken somewhere on a journey that lasted for about three hours. Upon reaching their destination, he was taken to a room where he was fed. But, as soon as he finished eating he was shoved to the cement floor. There, he was held incommunicado for two weeks. During those two weeks he was fed only once a day, either breakfast or lunch. After two weeks of his detention his custodians began spoon-feeding him.
However, when Mansur asked the custodian to feed him slowly so that he had enough time to chew the food he would be punched. If the food dropped on the person feeding him, the person would hit his mouth with a spoon, kick him and punched his face. He was also fed one or two spoonfuls of chilies every meal. His ordeal went on until 28 March 2009. On that day, he was taken back to the military headquarters at the Awang Airport where he was held until 6 April 2009. During the entire day of the journey he was not given food and water.
On one occasion, Mansur was taken to a doctor but the doctor did not properly examine him. He was only asked if he was in pain and had his blood pressure checked. Mansur was reluctant to tell the doctor of his ordeal as he was hoping that should he keep quiet about what had happened to him, they would release him.
On 7 April 2009 at 12noon, Mansur was first taken and remanded to the North Cotabato Provincial Jail in Amas, Kidapawan City. Two of those taking him into custody made him sign some documents, the contents of which were also not properly explained to him. It was learned later that those who had remanded him to prison were soldiers. It was only after entering the jail that his handcuffs and blindfold were removed by a jail guard. The soldiers who took custody of him deliberately falsified the date they took custody of the victim, recording 1 April instead of 9 January 2009, obviously to cover up the incident.
Mansur later learned that he had been charged with two counts of frustrated murder in connection with a bombing that took place in Kidapawan City, and 29 counts of arson regarding the burning of houses that took place in 2008, reportedly perpetrated by a rebel commander. The case is before the RTC in Midsayap, North Cotabato.
On June 2009, the hearing of Mansur’s case was transferred to a jail in Bicutan, Metro Manila. His transfer was prompted by a resolution approved by members of City Council of Kidapawan City for his and several other detainees who are considered “high risk”.
Story 20: Soldiers torture and shoot a farmer dead in front of his family
Victim: Katog Sapalon, 37, married with three children, a farmer and charcoal maker, of Barangay Makir, Datu Odin Sinsuat, Maguindanao province. He was a Muslim of a Maguindanaon tribe.
Alleged perpetrators: Five soldiers attached to the 6th IB-PA, stationed in Barangay Gubat Datu, Odin Sinsuat.
Date of incident: 3 June 2009 at 7:30am
Place of incident: At the boundary of Barangay Makir and Sapalan, Datu Odin Sinsuat, Maguindanao province
AHRC-UAC-077-2009
Katog Sapalon and his wife, Bai Markay, were preparing breakfast when five heavily armed soldiers arrived at their house. They began interrogating Katog who was cooking fish outside their house. They wanted him to confess that he was a member of the MILF, a rebel group. They punched and kicked him while asking questions, using the butts of their Armalite rifles.
Katog rushed to embrace his daughter Saida, but as he held her the soldiers continued to punch his left shoulder and pushed him away from her, towards the back of their house. Bai Markay pleaded with the soldiers, telling them that he was not an MILF member; however, the soldiers ignored her pleas and shot Katog at close range in front of her and her children. They shot him several times killing him instantly. The shots shattered his left eye and fractured his head.
After the soldiers killed Katog, Bai Markay asked them that she and her children could be allowed to leave, but the soldiers initially refused, then told her that she would have to be accompanied by a soldier. However she was eventually able to go freely to the house of her sibling nearby. After several hours they saw the soldiers taking the victim’s body away; they borrowed a water buffalo to transport it. Bai Markay told her children not to tell anyone about what happened.
Katog’s body was taken to the detachment of the 6th IB-PA in Barangay Gubat Datu, Odin Sinsuat. The chairperson of the village went to the military camp to claim the body. He then turned it over to the victim’s family who buried his body on the same day according to Muslim tradition.
Katog’s death had huge impact on the means of subsistence and survival of his family. He was their breadwinner. At the time of his death, he was to enroll his three children at the Datu Butukan Elementary School in Barangay Gubat, Datu Odin Sinsuat.
Story 21: Activists campaigning against a nuclear power plant threatened
Victims:
1. Aurora Broquil, chairperson of the Kilusan Para sa Pambansang Demokrasya (KPD) (Movement for Nationalism and Democracy) in Central Luzon
2. Emily Fajardo, KPD member and treasurer of the Nuclear-
Free Bataan Movement (NFBM)
3. Francisco Honra, secretary general of the NFBM
Date of incident: 26 to 29 June 2009
Place of incident: Bataan
AHRC-UAC-072-2009; UAC-056-2009
On 26 June 2009 at 7pm Honra received an SMS on his mobile phone which read: “Dulo ng aming baril ang huli mong makikita! Kayong mga komunista na may mga utang na dugo sa mamamayan ay magbabayad! (The barrel of our guns will be the last thing that you see! You, communists who have blood debts to the Filipino people will pay for it!)”. The number of the sender was +63 9187158404.
The following day Broquil and Fajardo received similar threatening messages from the same mobile phone number. Broquil received hers at 9:44pm, Fajardo at 10pm. When Honra tried calling the sender he heard the voice of a man on the line whose accent is similar to local persons in Bataan.
The AHRC tried calling the mobile number but couldn’t get through. It was evident that the threats are related to anongoing campaign against the plan to operate a nuclear power plant in Bataan. Earlier, on May 27 three of the victims’ colleagues, namely Rafael Limcumpao, Domingo Alcantara and Archie Bathan, had been arbitrarily arrested, tortured and held in police custody (Read Story No. 27).
Apart from receiving threats, on June 28, Broquil noticed the presence of unknown persons riding on a motorcycle and observing the area around the NFBM office. Although they have had threats in the past, the incidents in June were their first direct threats so far. Apart from them, a number of leaders from the local transport sector and officials from the local village in Bataan who are also actively supporting their campaign have reportedly themselves been subjected to threats and harassment.
Story 22: Soldiers warn labour leaders not to join protests
Victim: Cerila Anding, 50, of Barangay Osmena, Compostela, Compostela Valley; president of Namaos; working as selector for 12 years at the Fresh Banana Agricultural Corporation (FBAC)
Alleged perpetrators: Aaron Varona, team leader of Wiper and member of the 66th IB, PA; Elmer Saraun, a member of Wiper and the 66th IB; Captain Mark Tina, Commanding Officer, 66th IB
Date of incident: From November 2008 to present
Place of incident: Purok 5, Barangay Osmena, Compostela, Compostela Valley
AHRC-UAC-068-2009
In November and December 2008, soldiers attached to the 66th IB of the PA and Wiper, an organization the soldiers are also leading, held a small gathering at the various packing plant sections of the banana plantations. The meetings usually took place between 6 to 8 o’clock in the morning.
In these meetings, they deliberately demonized the KMU and the Naflu with which another union, Namaos, is also affiliated. Wiper added that the KMU and Naflu are members of the CPP/NDF/NPA. They told the union members that their monthly dues were being used to support the armed struggle in the countryside.
The union members of Namaos were directly told to disaffiliate from the KMU and Naflu and to transfer their affiliation to other groups. Prior to the meetings, by first week of November 2008, the soldiers had set up an encampment close to the office of Namaos.
Before these meetings, Aaron Varona and Elmer Saraun of Wiper together with about 20 fully armed soldiers attached to the 66th IB went to the office of Namaos. They offered to help them but on condition that they would not join the May 1 labour activities.
On 16 January 2009, union members of Namaos filed a complaint for harassment at a local police station in Compostela, Compostela Valley province. As a result of these harassments, a dialogue mediated by town mayor Reynaldo Castillo was held between Namaos, Wiper and the 66th IB on 23 January 2009.
Story 23: Soldiers spying on a labour leader
Victim: Roldan Anover, 33, married, of Poblacion, Compostela, Compostela Valley; he is a regular employee working as a harvester for Fresh Bananas Agricultural Corporation (FBAC) since 1994; he is the auditor of Namaos.
Alleged perpetrators: Aaron Barona, Liaison Officer of Wiper; Elmer Saraun, spokesperson of Wiper and Domingo Retamas, administrator of Packing Plant 98
Date of incident: 8 December 2008
Place of incident: Purok 9, Poblacion, Compostela
AHRC-UAC-068-2009
Roldan Anover went to the residence of Domingo Regamas (his nickname is Boy), administrator of plant 98 of FBAC, to request a cash advance. At Domingo’s house, there were two men not know to him inside. One of them, Aaron, introduced himself as a soldier and liaison officer for Wiper. But his companion did not introduce himself.
Aaron directly told him that it is okay to have a union or organization but they should not affiliate with the KMU because it is a legal front of a rebel group, the NPA and the latter is their enemy. Aaron told him: “Iatras ninyo ang membership sa KMU ug mubalhin mo sa lain nga grupo (Withdraw your membership from the KMU and transfer to another group).” Aaron asked where he lived but Roldan did not tell him.
On 2 April 2009, from 5pm to 6pm, Roldan was on his way to the Namaos office when his motorcycle malfunctioned at the road. When he stopped to check it, two other motorcycles also stopped close to him. It is evident that the persons onboard these motorcycles were following him. They began talking and telling him that they are giving livelihood programmes to union members, in particular to the Namaos members. He later realized that the persons he was speaking to were soldiers because they were armed, one of who was Elmer Saraom. Elmer told Roldan that they would be willing to help but on condition that they will no longer attend the mass mobilizations, for example Labour Day demonstrations, held every May 1st.
One of them told him: “Kadaot ninyo Dan, (his nickname) wala moy mga baruganan. Mga gahi mo’g ulo! (You are hard headed person)”. The soldiers were referring to an incident wherein the group did not attend the consultation they organized and conducted about Philippine Health Insurance (PhilHealth).
Later Elmer spoke of their real intention: “Actually bay, ang tuyo gyud namu diri, mao ang paglumpag ug ang pagsilhig sa mga NPA sa kabukiran (You know, our purpose really is to dismantle and wipe out the NPAs in the mountains).” Roldan did not speak further because it was already evening by that time and the motorcycle had not been repaired yet. The soldiers later left the area.
On December 9, Roldan’s fellow worker, Danny Jacinto, also the former chairman of Namaos, cautioned him to be careful because he had been told that someone had made a sketch of the way to his home and the pattern of his daily routine. They also learned that soldiers had been monitoring his activities.
Story 24: Soldiers warns a labour leader not to join protests
Victim: Aurelia Yray, 56, of Barangay Osmena, Compostela, Compostela Valley; she works as a packer for Fresh Bananas Agricultural Corporation (FBAC), a banana plantation company, since 1994; she is the treasurer of Namaos-Naflu- KMU
Alleged perpetrators: Soldiers attached to the 66th IB-PA. These soldiers are part of the Workers for Industrial Peace and Economic Reform (Wiper). There were five to seven wearing civilian clothes, armed with short firearms placed on their waste.
Date of incident: On 2 to 4 April 2009
Place of incident: Purok 5, Agibawa, Barangay Osmena
AHRC-UAC-068-2009
On 2 April 2009, Aurelia Yray’s neighbour, Lilia Sereno, told her that a member of Wiper, composed of and organized by the military on the pretext of promoting industrial peace, was looking for her. Sereno told Yray that the person wanted to speak to her. They went to the home of Yray’s daughter, Ivy, after learning that she now lives with her. Ivy was shocked by the group’s presence in their house.
Ivy asked them what her mother had done wrong. Ivy warned the group: “Kung mawala akong mama, kamo ang pangitaan nako sa akong inahan kay nailhan nako mo. (I’m warning you that if in case my mother disappears, I would be asking for her whereabouts from you because I know who you are). Ivy happened to recognized one of them. Ivy was told not to worry because they are not going to harm her mother. For lack of choice, Ivy told them where her mother was working at the time at the area of Packing Plant No. 253 of the banana plantation, the FBAC.
At 7pm that day, the group went to the packing plant looking for Aurelia. The group, after waiting for an hour, left telling her they would return to see her, not at her workplace but at the home of her daughter. The group did return to Ivy’s house where they again waited for Aurelia who was not at home because she went out with her friends.
On April 4 at 4:30pm, however, the soldiers caught up on Aurelia at the house of her sister in law, Flor. They did not introduce who they were. They offered her some livelihood projects, but when she refused, they then spoke to her about the activities of her group, Namaos. They were straight forward in informing that she must disassociated with the KMU because the KMU is one of the legal fronts, supporter of the CPP/NPA/NDF. Aurelia was also told not to participate in protest for the Labour Day, May 1; for Bonifacio Day, 30 November and other demonstrations.
Aurelia is an active member of Namaos. She sat as one of the panelists when they were negotiating with the management for their Collective Bargaining Agreement, which concluded on 15 September 2008.
Story 25: Labour leader shot in front of his wife
Victim: Maximo D. Baranda, 47, of Purok 6, Maputi, San Jose, Compostela; chairperson of the Contractual United Workers Association (CUWA) and a harvester for the Fresh Banana Agricultural Corporation. He also owned a business supplying sand and gravel for construction.
Alleged perpetrators: Four unidentified men on two Yamaha DT model motorcycles
Date of incident: 19 July 2008 at 1:30pm
Place of incident: Sitio Quarry, Purok 5, San Jose, Compostela
AHRC-UAC-059-2009
Labour leader Maximo Baranda was shot dead in front of his wife. His wife Nida has reported that the four gunmen arrived at their workplace on two Yamaha DT model motorcycles. They pretended to be customers and asked the price of sand and gravel, then shot him and fled the area. Baranda suffered seven gunshot wounds to the right portion of his head. Nida and her daughter, Maria Fe, immediately reported the incident to a local police station but have not received news of an investigation.
Nida said that her husband had been receiving death threats in connection with his work as the chairman of the Contractual United Workers Association (CUWA). The circumstances on how the threats were made have not been made clear so far. Baranda had been helping workers file complaints against the companies that illegally terminated them from their employment. He had been advocating and helping contractual workers of a banana plantation company–the Fresh Banana Agricultural Corporation-to be taken on as regular employees. He was also involved in bringing cases of illegal dismissal and violations of labour standards before the National Labor Relations Commission.
Story 26: Policemen kill two persons
Victims:
1. Alberto B. Ocampo, 36, tricycle driver
2. Jose Gonzales
Alleged perpetrators: Elements attached to the 303rd PPMG,
Camp Tolentino, Balanga, Bataan, led by Police Officer 2 (P02)
Ricardo Vinluan.
Date of incident: 29 April 2009 at 2am
Place of incident: Sitio Lati, Barangay Kaparangan, Orani,
Bataan
AHRC-UAC-059-2009; AHRC-UAU-033-2009
Alberto Ocampo and Jose Gonzales were killed on 29 April 2009. Ocampo and his partner, Imelda Zulueta, were woken by the noise of stones being thrown at their house at 2am. Voices shouted, “Imelda, Axis lumabas kayo dyan. Alam naming andyan kayo, kapag di kayo lumabas ay papuputukan namin kayo (Imelda, Axis come outside. We know you are there. If you do not come out we will fire at you)”.
Ocampo, Zulueta and Jayson Valencia, a visitor at the house, emerged to find around ten policemen positioned around their house wearing camouflage uniforms and balaclavas. Their behavior–throwing stones at that time of the morning–was already baffling to the three. They were told to lay face down on the ground, and one of the policemen hit Zulueta’s back and pushed her to the ground. She asked the policeman not to harm her because she was pregnant.
The policemen then began asking them for the whereabouts of someone called Axis. At this Jose Gonzales, who goes by that nickname and was visiting the couple, emerged from the house and was arrested, though not charged. He was in shorts, and was told that he had until the count of six to put on a T-shirt or he would be shot.
Gonzales told them that he had surrendered and asked that the case be settled according to Philippine law, adding that Zulueta and Ocampo were not involved. The police asked whether he had a gun and he replied: “Sir, matagal na akong nakapahinga, napadaan lang ako dito (Sir, I have not been active for a long time. I was just passing by)”. The police dragged him over to a tree and tied him to it. The police then dragged Ocampo to the same spot, and as Zulueta struggled to get to him a policeman told her: “Wag kang mag-alala, anuman ang gagawin namin sa dalawa ay mangyayari din sa iyo (Don’t worry, whatever we do for these two will also happen to you)”.
After a few minutes Zulueta heard several gunshots and saw other officers searching their house. They returned carrying a gun and a hand grenade and asked Valencia if they were his; he said they weren’t. At 5am the policemen allowed Zulueta to see Ocampo, who was already dead, lying close to their house next to Gonzales, also dead. She and Valencia were taken to a police station in Orani and on to Camp Tolentino where they were questioned and eventually released without charge.
Zulueta filed a complaint with the regional office of the CHR regarding the deaths of her husband and Gonzales but there has been no progress.
At 11pm on November 11, eight persons carrying firearms and wearing balaclavas stole Ocampo’s remains from a cemetery in Orani, Bataan, apparently to destroy traces of evidence that could implicate the policemen involved in the murder. The grave had been encased in plaster and cement.
The stealing of the remains happened while the CHR was investigating the killing. Before it was stolen, on June 15, Zulueta and her lawyers submitted a petition asking that the remains be exhumed, but the Commission responded that they may have done so in the future, claiming there was no immediate need because there was already ample evidence in the victims’ favour.
Story 27: Police illegally arrest, torture three activists
Victims:
1. Archie Bathan, 22, a student leader for the Youth for National Democracy and presently secretary general of the Nuclear-Free Bataan Movement
2. Raffy Limcumpao, 49, a peasant activist
3. Domingo Alcantara, late 40s, a community organizer and husband of Kathy Alcantara, an activist killed in December 2005
They are all presently detained at the Bataan Provincial Jail,Bataan.
Alleged perpetrators: Elements of the PNP’s 303rd Provincial Mobile Group (PMG) of the PNP; the 72nd Military Intelligence Company and 3rd IB of the 703rd Brigade of the PA
Date and time of their arrest: 27 May 2009 at 5pm
Place of the incident: House of Patricio Esconde, a barangay tanod (village watchman) in Barangay Ibaba, Bubuyog Street,Samal Bataan
AHRC-UAC-056-2009
Rafael Limcumpao, Domingo Alcantara and Archie Bathan were having a meeting in their community when a group of about 20 policemen and soldiers, armed with automatic rifles and handguns, arrested them. Prior to this incident Limcumpao, Alcantara and Bathan were planning to organize campaigns to mobilize protest against the plan of renewing the operation of the nuclear power plant, the Bataan Nuclear Power Plant. The group is opposed to the operation, as it would have serious environmental and health implications to local residents.
When arrested, the arresting officer shouted at them and ordered them to lie down facing the floor. Bathan, caught by surprise, immediately ran outside towards the rice fields, but he was arrested by an officer who chased him after firing a warning shot. Limcumpao, Alcantara and Bathan were kicked and hit with rifles while they were handcuffed and their bodies were searched.
They were separately taken to two vehicles. The arresting officers, however, neither presented to them arrest orders nor explained to them the nature of charges against them.
In open view of onlookers, the three victims were blindfolded using their own clothing and dragged outside. One of the vehicles had markings of the 303rd PMG, indicating that those arresting them were police officers. There was also a police mobile and a pick-up. The three were dragged by force into the police vehicles.
Bathan and Limcumpao were taken together inside a police vehicle while Alcantara was taken separately to a pick-up. The three victims were held at the headquarters of the PNP’s 303rd
PPMG in Camp Tolentino.
At 6pm, the victims were taken to the provincial hospital for medical examination; however, after they were examined they were taken back to police camp where they were tortured. Inside the camp, police investigators questioning them tortured Limcumpao, Alcantara and Bathan to extract information from them. Their fingerprints were also taken by force and submitted to the police investigators. The torture and beatings continued until 2am the following day.
Bathan was hit with a solid object to his face while he was blindfolded. They also performed “Russian-roulette.” They hit his ears on several occasions. Alcantara suffered bruises to his face and chest due to a number of blows he received. Limcumpao was beaten and suffocated by a thick plastic bag. They were forced to admit they were members of a rebel group, the Rebolusyunaryong Hukbong Bayan of the Marxist-Leninist Proletarian Party.
On May 28 at 8am, the three victims were presented before a press conference with the local journalists. The policemen arresting them declared in public they were leaders of a rebel group, and that they were legal fronts of the said rebel group. However, at the time no formal charges were made regarding this allegation.
At 2pm, the victims were taken to the Office of the Prosecutor where they were charged for three counts of frustrated murder, illegal possession of explosives and firearms. Later they were turned over to the Bataan Provincial Jail.
Story 28: Two farmers last seen in custody of soldiers found dead
Victims:
1. Ronel Raguing, 25, farmer, of Sitio Sinamohe, Sta. Catalina, Negros Oriental
2. Julito Quirante, 48, farmer, of Sitio Magsarse, Barangay Omanod, Sta. Catalina, Negros Oriental
Alleged perpetrators: Soldiers attached to the 79th IB under the command of Lt. Col. Erwin Neri
Date of incident: 2 February 2009
Place of incident: Sitio Kalabasaan, Barangay Nagbinlod, Sta. Catalina
AHRC-UAC-044-2009
Julito Quirante and Ronel Raguing were last seen alive on 31 January and 1 February 2009 respectively. Julito left from his house to borrow corn from his cousin, Francisco Namoco, who lives in Sitio Buwang, Barangay Milagrosa, Sta. Catalina. Ronel went to his farm to harvest pumpkins and other vegetables that he was to sell in the market.
Before they were murdered, Julito’s wife, Alejandra, said on 15 January 2009 soldiers attached to the 79th IB of the PA took her and her husband to their camp. They were questioned in absence of a legal counsel. The soldiers accused her husband of having involvement with the NPA. The couple was taken to a police station in Sta. Catalina where they were subjected to investigation. In remote areas, soldiers developed this practice of routinely summoning individuals over mere suspicion that they were involved in illegal activities, in particular with a rebel group.
In the village, once a person refused to comply with the soldiers’ demands it would result to them being targeted and emboldens their suspicions that person is indeed involved in illegal activities. Thus, it results to persons and their families being forced to submit themselves, for lack of choice, against their will. This is what has happened to Julito and his wife Alejandra.
The alleged involvement of the soldiers to Julito and Ronel’s death was based on the testimony of witnesses who had seen the two being taken by the soldiers in Sitio Kalabasaan, Barangay Nagbinlod, Sta. Catalina. They were last seen alive when being taken to a forested area but when the soldiers emerged from the forest the two victims were no longer with them.
On 20 February 2009 the victims’ families had asked for assistance from a police station in Sta. Catalina with jurisdiction where the incident took place to locate the victims but they did not take action.
On 27 February 2009, Karapatan conducted a fact-finding mission in Sitio Kalabasaan, Barangay Nagbinlod. They were able to speak to the witnesses who had come out. They pointed out the place where soldiers took the victims. An inspection of the area generated a suspicion of a possible gravesite. On 9 March 2009 a team of investigators from the NBI provided assistance to the fact-finding team. After exhuming the gravesite, they discovered two decomposing bodies of the victims. Their hands were tied behind their backs. The victims’ relatives confirmed the identities of the dead bodies as their loved ones through the dress they were wearing and the sack that belonged to Julito.
The victims’ wives, Virginia Raguing and Alejandra Quirante, have sought assistance from the regional office of the CHR in Cebu City. However, so far there has been no information as to whether the victims’ wives have been given assistance.
On 20 March 2009, once again the same soldiers forcibly took Julito’s son-in-law, Noli Bendersin, from his house in Sitio Lukdo, Barangay San Pedro. He was also taken to the camp of the 79th IB headquarters in Siaton of the same municipality, where they forced him to sign a sworn statement exonerating the soldiers from any involvement in the killing of his father-in-law, Julito and Ronel. After the incident, Noli had to leave the place to elsewhere for fear of his safety.
Story 29: Soldiers assaulted and illegally detain seven construction workers
Victims:
1. Johnny Tugan,51, married
2. Malik Guinaludin
3. alias Espaik
4. alias Said
5. Salik Ameril,27
6. alias Dats
7. alias Patutin
The real names of four of the victims are not known. They had not been interviewed in person and their colleagues are also not able to identify their real names. They had already returned to their respective places in Sultan Kudarat.
Alleged perpetrators: Members of the 40th IB of the PA and Scout Rangers
Date of incident: From 1 to 2 March 2009
Place of incident: Lomopog Elementary School, Barangay
Lomopog, Midsayap, North Cotabato
AHRC-UAC-020-2009
On 1 March 2009 at 1pm, soldiers arrested seven construction workers, namely Johnny Tugan, Salik Ameril, Malik Guinaludin and four others, known only by their aliases, Espaik, Said, Dats and Patutin, at their worksite. The men are all Muslims who were working for a local engineer on the expansion of an elementary school.
While the group was working five helicopters carrying soldiers attached to the 40th IB-PA and Scout Rangers landed near their worksite. As they hovered, a soldier from one of the helicopters opened fired at them using an M60 machine gun. The gunfire lasted for a minute and prompted the frightened workers to flee in different directions for safety.
The soldiers, numbering about 35, rounded up the workers and took them inside a classroom where they were held. When the victims tried to explain they were merely construction workers, they were ignored. They were ordered to lie down facing the ground with their hands on their backs. While in that position, the soldiers tied their hands with plastic wire and blindfolded them with adhesive tape. The soldiers then repeatedly kicked and punched them.
One of the victims, Tugan, was kicked and hit on his left chest and back. The soldiers questioned them and forced them to admit they were members of a rebel group, the MILF, under Kumander Umbra Kato. The soldiers claimed that the group was constructing the house of the rebel leader, and not a school. From 1pm to 5pm, the workers were not allowed to leave.
Afterward, they were taken to a solar drier where they were told to lie facing to the ground. As they were lying it rained heavily. But the soldiers, instead of taking them out from the field to prevent them from being drenched, made them remain where they were for two hours. At 3pm, after the rain had subsided they were told to leave the ground towards an empty house nearby. Inside the house, one of Tugan’s companions asked for food because they were hungry. The soldiers told them to wait as he had yet to look for something for them to eat. Though the soldier did return, the food he had gave them was leftovers and spoiled rice.
The detainees could not sleep because they were not able to change their wet clothes and their wrists were in pain because of the tight hand ties. On March 2 at 7am the soldiers removed their ties, given them leftovers again. For 18 hours they were not given water to drink. Then they were told they could leave and go home; however, no explanations were given why they were arrested and detained in the first place. They were refused permission to collect their personal belongings from inside the building they were constructing.
At 9am on March 2, Sariya Ali, the village head, met the victims. She accompanied them to a local police station to register a complaint. But the police investigator on duty refused to register their complaints, telling them that they had no jurisdiction over the case since the incident took place in the area occupied by the military. He nevertheless took their names without explaining to them the reason for doing so.
After they were taken to a health center where they were supposed to have a medical examination but unfortunately the doctor was not there. Then, a certain Lieutenant Donreque, an officer for civil affairs attached to the 40th IB-PA, registered their complaints and their ordeal at the hands of the soldiers.
Lt. Donreque, however, told them they were not supposed to be there because civilians were not permitted to enter the area. The victims said that they were unaware of this and were there to work as construction workers. They, too, were not told that they should inform the soldiers first before they could enter the area.
Story 30: Police take no action against fleeing gunmen who killed an activist
Victim: Vicente T. Paglinawan (alias Roger), 51, married with four children, of Sitio San Miguel, Malabog, Paquibato District, Davao City. He was regional vice president for Mindanao of the Pambansang Kilusan ng mga Samahang Magsasaka, section chair of a Akbayan partylist in Paquibato District, board member of Malabog Integrated Enterprises Development Cooperative; member of Lupong Tagapamaya (Barangay Justice System), church lay-leader; and an active officer of the Parents-Teachers’ Association in the schools of his children
Alleged perpetrators: Two unidentified gunmen
Date of incident: 22 November 2008 at 5:30pm
Place of incident: Poblacion Malabog, Paquibato District, Davao City
AHRC-UAC-264-2008
Vicente Paglinawan was talking to a colleague when a lone gunman approached and shot him dead. The gunman was seen together with another man, wearing a helmet and driving a motorcycle, when they arrived at the scene. The gunman alighted from the motorcycle, walked towards Paglinawan shooting him to his forehead killing him instantly. The bullet exited to the back of his head, left lower portion of his ear and to his right eye. After the shooting, the gunman walked casually to their getaway motorcycle where his companion was waiting. They were seen fleeing to an unknown destination.
When the shooting happened, a local police outpost, where policemen should have been deployed in public places, was empty. There was no police officer on duty. Had the villagers not informed the police of the shooting incident they would not have responded. It took them about 15 minutes to respond.
The victim’s wife, Aida, stated that she was told by a neighbour once of having noticed two persons on a motorcycle roaming in the place weeks before the shooting. They were asking about the whereabouts of the victim’s family. This happened on two occasions. They suspected that those looking for Vicente and his family could be the same persons responsible for his murder. Before Paglinawan was murdered, he applied for a certificate of stewardship under the Integrated Social Forestry Program of the Department of Environment and Natural Resources. He sought an aggregate area of five hectares of forested land in his area. Together with his wife, he cultivated his farmland to provide for the growing needs of his family. He used diversified upland farming techniques, planting fruit trees, coconut, cacao, banana, root crops and vegetables. Those who knew him described him as a good and committed person. He had no known enemies.
