Story 61: No action against policemen who attacked peaceful demonstration of teachers
Affected persons: Several public school teachers from seven provinces and six cities in Luzon and Metro Manila
Alleged perpetrators: Police Colonel Roberto Rosales, head of the dispersal unit; one Police Officer Viray, and several policemen attached to the MPD
Date of incident: 5 October 2007
Place of incident: Plaza Zalamanca, Taft Avenue, Manila
AHRC-UA-300-2007; AHRC-UP-159-2007
At 7am on 5 October 2007, public school teachers who had come from seven provinces and six cities all over Luzon and Metro Manila gathered at the Plaza Zalamanca, Taft Avenue, Manila to mark the “World Teachers’ Day”. The park has been designated as Freedom Park effectively allowing demonstrations. The teachers, some of whom were in official school uniforms, joined the activity. They were supposed to end their programme at noontime and were planning to march towards the Mendiola Bridge afterwards. The bridge, however, is located close to the presidential palace and is designated as a no rally zone.
(photo: Filing of charges against the police at the Commission on Human Rights of the Philippines (CHRP); source: ASSERT)
While they were on a roll call and preparing for the programme, three policemen in uniforms mingled with the teachers and started asking each one after the other: “Sino ba ang lider n’yo dito na pwedeng makausap? (Who is your leader whom we could speak to?)” It was then that Fidel Fababier, secretary general for Action and Solidarity for the Empowerment of Teachers (ASSERT), who organized the activity introduced himself to them. He was asked the name of their group and where they came from. One of the policemen also started taking notes of what he told them. Fababier explained to them that their group is composed of public school teachers from different provinces and cities in Luzon and Manila.
Fababier told them they were there to mark the World Teachers Day. The former Secretary of the Department of Education, Jesli Lapus, issued Memorandum No. 396, s. 2007 which also encourages teachers to join activities held at a nearby university; and the time they spent in this activity is part of their official duty.
Fababier also showed to the policemen the application for permit they made on 1 October at the Office of the City Mayor in Manila. The police officer, however, insisted from Fababier that they must have a permit before they allowed them to carry on with their activity. Despite Fababier’s proper explanation to the police that their application for permit is already a permit according to law, the policemen refused to accept his explanations and insisted they should have an approved permit, not an application the organizer showed to him.
The policemen told Fababier: “E, hindi naman ‘to permit, a. sulat pa lang ninyo ito kay Mayor. (This is not a permit. This is only your letter to the Mayor)”. He further told the organizer: “Pasensya na kayo, sir, ‘no permit, no rally’ ang patakaran naming dito (Sorry sir, our policy here is no permit, no rally)”. His claims, however, contradict the policies by which the park is designated as Freedom Park. The policemen left after getting copies of the group’s application for permit and the memorandum by the DepEd.
Shortly after they started their activity, dozens of heavily armed policemen with shields from the Special Weapons and Tactics (SWAT) in black shirts and several civilian operatives suddenly arrived in patrol cars. They immediately positioned themselves close to the rear, front and left side of the pickup vehicle that was served as makeshift stage. The police positioned themselves by the stunned teachers. It prompted some of the teachers to leave because of fear. The others preferred to move to a safer place at a nearby park Luneta Children’s Park to avoid possible police action.
Fababier urged the police officers present there to observe the BP 880 regarding the police’ conduct on dealing with demonstrations, particularly the rules requiring them to position themselves 100
metres away from the demonstrators.
However, one of the policemen told them: “Kayong mga teachers ang bopol! Umuwi na kayo! (You teachers are lousy. You better go home)”. It prompted an exchanged of insulting words between the police and teachers. The teacher then yelled at the police several times that: “MPD, i-guidance!” a slang term meaning that the police should be put into disciplinary action. Some of the organizers had to negotiate with the policemen to avoid a confrontation and urged them to observe the law and allow them to carry on their activity.
One of the leaders asked the police to allow them to continue their activity and for the police to exercise restraint; however, the policemen once again insisted from them to show their permit before they would allow them to carry on. Chief Superintendent Rogelio Rosales, the commander of the Station 5 of the MPD and who lead the dispersal, shouted at them: “Ipakita niyo muna ang inyong permit. Hindi yan, permit, request lang yan (Show us your permit first. What you have is not a permit it is just a request)!”
When the demonstrators explained that their application for permit is considered approved already, P/Chief Supt. Rosales told them: “Wala akong pakialam sa batas! Hindi yan ang kailangan ko, permit ang ipakita mo! (I don’t give a damn with the law. It’s not what I needed. Show me your permit!)”. Shortly the policemen surrounding the demonstrators moved in. They together with those policemen wearing plainclothes suddenly started forcibly grabbing the streamers and placards from the group of teachers.
Some teachers ran for their safety out of fear while the others remained. Those who remained continued on chanting at the police: “MPD! i-guidance!” , “MPD. Law enforcers, lawbreakers!” “No one is above the law! Streamers at mikropono….Ibalik! (Give our streamers and microphone back)”.
At 11:30am, one of the leaders and organizer from Central Luzon, while holding a megaphone with him, crossed the street from the place where they were holding their activity urging their frightened companions nearby to regroup. At the time they were waiting for the arrival of their companions who were attending a symposium at the nearby Philippine Normal University (PNU).
However, Colonel Rosales grabbed his megaphone and ordered his men “Walanghiya kasi yang lider nila, nang-uupat! Damputin na ‘yan! (Shame on their leaders, arrest them!)”.
On October 17, the complainants filed charges of police brutality and physical injuries against Chief Supt. and several other policemen at the CHR in Quezon City. They also sought redress for violation of their rights to peaceably assemble and to freedom of expression. On November 19, they also filed criminal complaints against the same policemen with the Office of the Prosecutor in Manila.
Story 62: Threats against four activists subject to overt surveillance
Victims:
1. Roman Polintan, 54, married with three children, of Longos, Bulacan, chairperson of the Bagong Alyansang Makabayan (Bayan) “New Patriotic Alliance”, the regional coordinator for a political party Bayan Muna in Central Luzon
2. Joseph Canlas, 46, married with two children, of Arayat, Mexico, Pampanga, chairperson for Alyansa ng Magbubukid sa Gitnang Luzon (AMGL) “Peasant Alliance in Central Luzon”, regional coordinator for Anakpawis in the region
3. Angelina Ladera, 40, married with two children, of Barangay Balete, Hacienda Luisita, Tarlac, chairperson of the Workers’ Alliance in Region III in the region
4. Jovelyn Suson, 31, staff member of Bayan in the region Alleged perpetrators: Six unidentified men. Four men riding on two different motorcycles – one motorcycle had a license plate number OH 5948 while the other was a Kawasaki model red in color
Date of incident: 20 September 2007 at 12:30pm
Place of incident: Sto. Rosario Street, Angeles City
AHRC-UA-271-2006; AHRC-UP-137-2007; AHRC-UA-271-2006
On 17 August 2006, the AHRC first reported that activists Roman Polintan and Joseph Canlas were previously threatened in public by Major General Jovito Palparan Jr., former commander of the 7th Infantry Division, PA. Palparan, who is now in hiding in relation to the disappearance of activist Karen Empeno and Shirley Cadapan threatened them in a report published on August 14 in the Philippine Star, a national daily newspaper, saying: “I want Roman Polintan and Joseph Canlas out of Central Luzon”.
To Polintan and Canlas, Palparan’s remarks “constitute a grave threat to the lives of [their] regional leaders”. The groups have had experience of the violence that Palparan and his soldiers used against the villagers after he was assigned there in September 2005. When Palparan was the commander, a number of extrajudicial killings and attacks targeting village officials, villagers and activists have happened.
These include the killing of barangay chair Victorina Gomez and her Kagawad (council member) Romeo Atienza of Parian, Mexico; the wounding of Kagawad Reynaldo Macabali in an attack on 15 December 2005. Jess Alcantara, a municipal coordinator for Bayan Muna in Barangay Pinaod San Ildefonso, Bulacan was also killed by two gunmen riding on a motorcycle.
It is also reported that Palparan’s men could also be to blame for the death of 50-year-old Rolando Senangelo, a Barangay Kagawad in San Jose City, Nueva Ecija, who reportedly lost his sanity and committed suicide after he was allegedly tortured by Palparan’s men. Senangelo was arrested and subjected to interrogation to force him into admitting that he was a supporter of a rebel group.
Polintan and Canlas have been critical of Palparan, in particular of his units’ effort to enforce a strict ID system in several towns in Nueva Ecija, Central Luzon, by requiring residents to produce identity cards or Cedula (community tax certificate) to soldiers who are conducting patrol operations. When soldiers conduct operations to locate communist rebels, often they are highly suspicious of individuals who cannot present ID cards or Cedulas. On instances like this, the soldiers would then invite them for questioning on suspicions they are either rebels or their supporters.
After Palparan left, on 20 September 2007, the threats on Polintan and Canlas continued. This time, their two other colleagues, namely Angelina Ladera and Jovelyn Suson, were also targetted. They were subjected to covert surveillance.
On one occasion, they had just finished a press conference held at a pizza parlor in Angeles City when they noticed a suspicious man nearby. The conference was in preparation for the demonstration they scheduled for the following day, 21 September 2007, to commemorate the declaration of Martial Law. As they were leaving Canlas noticed a man wearing red shirt sitting in a corner drinking a soft drink and noticed that he was using his mobile phone. The victims’ observation that the man’s movement should be a cause for concern are based on common knowledge of similar incidents whereby activists are subsequently killed, abducted or disappeared in incidents perpetrated by persons with suspicious movements. Similar incidents also showed that perpetrators used mobile phones to spy on their targets. The two men then hurriedly walked ahead of them on their way out.
As the victims rode in their service vehicle, they noticed the two following them on a blue motorcycle with license plate number OH5948. Suspecting that they could be intelligence agents, the victims decided to avoid them by taking another route. This time, they noticed another man wearing a light brown shirt crossing the street. He was seen talking to his mobile phone while discretely observing them inside the van.
As they sped off towards the direction of Sto. Rosario in San Fernando, Pampanga, they again saw the two men riding on the blue motorcycle that they had seen earlier and they appeared to be following them. The motorcycle moved ahead of their van to come close to them. They rode beside the van and it was noticed that they were observing those inside it.
They continued following the van until they reached the Plaza Miranda in Baragay San Nicolas, Angeles City. When they arrived there Polintan and his companions sought refuge at a police station to report the incident. When they noticed that the group had entered a police station, the two persons following them returned in the direction in which they had come. But shortly after, another motorcycle, a Kawasaki model, appeared with another two men riding on it. The victims once again were very suspicious of their movements. They however failed to get the license plate number of the motorcycle.
Ladera is the chairperson of WAR3, an alliance of trade union in their region. She is the younger sister of murdered activist Abelardo Ladera.
Story 63: Police violently dispersed protesting workers
Victims:
1. Pete Pinlac, President of Manggagawa sa Komunikasyon sa Pilipinas (MKP-PLDT Union)
2. Atty. Virgie Pinlac, Spokesperson of Pagkakaisa ng Kababaihan (KAISA KA)
3. Arturo Castillo, First VP of MKP- PLDT
4. Bong Beato, Second VP of MKP-PLDT
5. Roy Fernandez, Union Representative of MKP-PLDT
6. Mitzi Chan, Popular Struggles Director of Kilusan para sa Pambansang Demokrasya (KPD)
7. Aurelio Veloso (a.k.a. Ogi), of Manggagawa Para sa Kalayaan ng Bayan (MAKABAYAN)
Number of affected workers: 575 regular workers of the
Philippine Long Distance Telephone Company (PLDT)
Alleged perpetrators of violent dispersal: Colonel Jojo Rosales and his men attached to the Western Police District (WPD), Manila
Date of incident: 10 October 2007
Place of incident: In front of the DoLE head office in Manila
AHRC-UA-299-2007
On 15 September 2007, the Philippine Long Distance Telephone Company (PLDT), the country’s largest and oldest telephone company, terminated 575 regular employees. About 450 of them were female workers. It was another massive layoff of workers after 484 of the company’s workers were laid off in 2002. (photo: violent dispersal of workers on protest; source: KPD)
Most of those terminated on 15 September were rank and file employees and members of the union, the Communication Workers of the Philippines (Manggagawa sa Komunikasyon sa Pilipinas). They also included 25 union representatives and a large number of their active members. Their union is said to be the country’s last remaining national union. The purpose of terminating regular workers was to introduce a contractualization scheme, which involves terminating regular workers to hire employees whose employment contracts would be renewable each six months.
On October 10, the workers and union leaders initiated a dialogue with Arturo Brion, former secretary of the DoLE and now a justice of the Philippine Supreme Court, regarding the planned layoff of workers. He reportedly agreed on the position taken by the company. The union leaders demanded the reinstatement of terminated workers, to allow them to return to work and to stop the company from terminating more workers. But Brion instead reportedly encouraged them to accept the settlement package.
Prior to this, on 6 September the DoLE had already issued an order assuming jurisdiction of the labour dispute between the union and the management. The 575 workers who were listed to be terminated effective 15 September should have allowed subsequently to return to work following the DoLE’s order.
However, the company had already instigated a lockout and refused to allow the workers to return to work on 17 September. The company’s decision to have a lockout did not only violate the DoLE’s order, but also arbitrarily denied the workers from returning to their work despite a lawful order. But when the union leaders and the workers demanded from the DoLE that those terminated to be reinstated, allowed to return to work and to order the management to stop terminating workers; they were unable reach an agreement.
This prompted the workers to protest and commence their hunger strike outside the DoLE’s head office in Manila to protest the position they have taken; and against the illegal actions by the management.
As they started sitting down to commence their hunger strike in front of the DoLE office, policemen led by Colonel Jojo Rosales moved forward into the protesting workers and started beating them. One of the union leaders, Bong Beato, was forcibly pulled out from the group. Several policemen repeatedly beat him as he was being taken to their service vehicle. One of Beato’s colleagues, Mitzi Chan, went to his rescue but the policeman hit her repeatedly on her face, which resulted in her nose being broken.
The names mentioned above were also and taken to the Western Police District Headquarters (WPD) where they were charged for violation of the Batas Pambansa (BP) 880 (the Public Assembly Act of 1985). The police accused them of disturbing the peace and traffic flow when they demonstrate in front of the DoLE office. Those arrested were released the following day, October 11.
Story 64: Falsely charged labour leader disappeared after he was abducted
Victims:
1. Jaime Rosios (a.k.a. Jimmy), 42, had three children, of Barangay Dadiangas Heights, General Santos City. He was a member of the Board of Trustees of the YBL employees union; chairperson of panel of the union negotiating with the management for the Collective Bargaining Agreement
2. Alex Dalipe Magbanua, a janitor of the company
3. Ebrahim Bacal, one of their leaders of the union
Both of them are also charged over a bomb attack on 3 August 2007 that killed one person and injured 11 others, based on confession under duress
Alleged perpetrators of the abduction: Three unidentified armed men
Date of incident: 11 August 2007 at 6:45pm
Place of incident: Koronadal City, Mindanao
AHRC-UA-281-2007; AHRC-UP-133-2007
Jaime Rosios was working as a mechanic and leader of the labour union of their company, the Yellow Bus Line Inc. (YBL). Before his abduction, on 7 August 2007 the janitor of their company, Alex Dalipe Magbanua, was taken from his home to the police station where he was questioned, intimidated and threatened with torture, once he refused to give confessions that he, Rosios and two other union leaders, Jessie Rivas and Ebrahim Bacal, were responsible for the bomb attack on their company’s bus on August 3 which killed one person and injured 11 others.
On August 7 at 9pm, the company’s security guard, Totong Argonillo, went to Magbanua’s home telling him he was summoned by the chief of their security guard to his office. Argonillo, however, was with six police officers in a gray service utility vehicle. But Magbanua was not taken to the guard’s office, but to the Koronadal City Police Office where he was questioned. He was taken by a police officer to a room where they started interrogating him.
There were four police officers questioning him inside the room, but they were not in police uniforms. They threatened to torture, electrocute him and kill him if he refused to confess that he was the one who placed a bag containing the bomb that exploded inside the bus. One of the police officers pulled out a gun to frighten him.
On August 9, the police put him on a police lineup with other twelve persons where a woman, who was wearing sunglasses and her face covered with handkerchief, had appeared. It was this unknown woman who supposedly identified Magbanua as the person who allegedly planted the explosives. The police told him: “since somebody pointed you as the one responsible for the bombing then you will [have to] own the bombing”.
In exchange for giving a confession, Magbanua was promised he would not be imprisoned and would be released. The threats and promises the police made had forced him to their terms. By August 10, Magbanua signed a confession; however, he was not properly informed of its content nor was it translated to him to a dialect he could understand. The police did provide legal counsel to him, Atty. Sunga of the PAO, but he did not adequately help him. Sunga arrived at the police station only after the confession was signed. From August 10 to 11 Magbanua was admitted to the hospital due to the torture he endured.
Magbanua also did not understand anything of what was going during the inquest proceedings at the Office of the Prosecutor. The questions were asked in English and no one at the prosecution’s office interpreted and translated the questions into any dialect he could understand. On August 12, Magbanua was remanded to the Koronadal Provincial and Rehabilitation Center.
The police used Magbanua’s confession in filing criminal charges against him, Rosios and two other union members, Bacal and Rivas.
Also, apart from Magbanua, on August 9, Bacal was also questioned by the police intelligence attached to the Regional Intelligence and Investigation Division in General Santos City. Bacal was asked by a police colonel to implicate Rosios to the bombing which he refused to do. After Rosios disappeared, on August 12, Bacal was once again summoned by the same police unit on the same demand.
Rosios and his group filed a complaint against their company at the National Labor Relations Commission demanding for: payment of their unpaid overtime, non-remittance of agency fee, illegal suspension of officers, massive illegal suspension of union members and for interfering in the affairs of their union.
Story 65: No protection for family of murdered activist facing continuing threats
Victims:
1. Florence Manegdeg, wife of murdered activist Jose, and her two children
2. Andrea
3. Geraldine
Alleged perpetrators: Unknown persons riding on motorcycles
Name of her murdered husband: Jose Manegdeg III (a.k.a. Pepe), he was working as Regional Coordinator of the Rural Missionaries of the Philippines-Ilocos province.
UP-158-2005; AHRC-UP-116-2007; AHRC-UP-139-2007; AHRC-UAU-034-2009
The AHRC reported on 28 November 2005 that Jose Manegdeg III (a.k.a. Pepe) in San Esteban, Ilocos Sur suffered 22 gunshot wounds to different parts of his body when shot by an attacker. Jose was supposed to meet his Florence in Manila the following day, November 29, who was returning from Hong Kong where she worked for a short period as domestic worker.
After his murder, the police created Task Force Manegdeg, a team of police to investigate his case. The task force was able to identify the alleged perpetrator, Captain Joel Castro, formerly attached to the 50th IB-PA, and subsequently filed a murder charge against him.
Based on a witness testimony, Castro was charged before the Ilocos Sur Provincial Prosecutor’s Office. But in March 2007, the complaint was dismissed when the witness withdrew his sworn statement. Before the complaint was dismissed, the filing of the charges and the resolution by the prosecutor were delayed. No further witness came forward to testify for fear of reprisal.
In fact, the victim’s family, Florence and her two children, Andrea and Geraldine, too had to endure continuing threats in the absence of any adequate protection. They had to move from one place to another because unknown persons, with suspicious movements riding on motorcycles, were spying on them. Florence has sent a letter to several government agencies appealing for their protection and for the protection of witnesses so that prosecution in her husband’s case would also be possible; however, there was no substantial progress on this.
On 4 September 2007, the AHRC wrote a letter to Jefferson Soriano, then the newly appointed head of the Task Force Usig (TFU), requesting him to afford the victim’s family protection; and that they should release the results of their investigation. In a letter dated 13 September, Police Chief Superintendent Rodolfo Mendoza, deputy director for the Directorate for Investigation and Detective Management, wrote to us saying: “[provincial police are] now in the process of conducting reinvestigation of the killing of Jose Manegdeg III to unearth evidence that could possibly prosecute the suspect/s”. In his letter, however, never did he mention what action they have taken to give protection to the victim’s family. Despite repeated appeals for protection, the family has not been contacted by them.
Story 66: Soldiers allegedly spied on and vilified student activists in Manila
Victims:
1. Eleanor de Guzman, national chairperson for Anakbayan (Youth of the Nation)
2. Joanna Rose Adenit, chairperson for Gabriela Youth in Philippine Normal University (PNU)
3. Ralph Malacad, Associate Editor in English, The Torch Publications (official PNU Student publication/newsletter)
4. Ali Tapar, chairperson for Student Christian Movement-PNU (SCMP)
5. Julie Ann Tapid, writer for the Torch
6. Joseph Ancajas, PNU Student Government member
7. Joyce Caubat, chairperson for Anakbayan-PNU
8. Alain Mark Zamora, chairperson for LFS-Polytechnic University of the Philippines
9. Rogelio Data Jr., chairperson for Center for Nationalist Studies-Polytechnic University of the Philippines (PUP)
10. Reynante Czar, chairperson for Anakbayan in PUP
11. Jean Claire Tanilong, chairperson for SCMP in PUP
12. Carla Braceros, vice chairperson for SCMP in PUP
Alleged perpetrators:
1. Colonel Ricardo Visaya, commanding officer, Civil Military Operations (CMO) Battalion, PA, stationed at the Fort Bonifacio Headquarters.
2. Captain Orges, operations officer, CMO Battalion
3. 2nd Lieutenant. Brian Lim, team leader, CMO
4. Major Godfrey Obera, Company Commander, Bravo Company
5. Salve Romel Lao, member of the CMO Battalion assigned at Barangay 592, Sta. Mesa
6. Chardene Lalapus, also a member CMO Battalion
Date of incidents: 20 February and 5 March 2007
Place of incidents: Inside the campuses of PNU in Taft Avenue and PUP in Sta. Mesa, all in Manila
AHRC-UA-264-2007
On 5 March 2007 soldiers attached to the Civil Military Operations (CMO) Battalion, PA, led by Captain Orbes, held a forum on the pretext of counter insurgency with students at the Philippine Normal University (PNU) in Taft Avenue, Manila. Captain Orbes is the CMO’s operations officer.
The day they held the forum, soldiers carrying M-16 Armalite rifles, wearing military uniforms, were seen walking around the campus and their presence caused concern to some students. While the soldiers were patrolling with firearms they harassed and intimidated students. For instance, they took photographs and video recordings, particularly of student activists and campus journalists without properly informing them as to why they were doing so.
They took photographs and video recordings of the students mentioned here. One of the speakers at the forum, 2nd Lieutenant Bryan Lim, openly accused several student organizations of being “Communist terrorist fronts” and singled out Anakbayan, SCMP, League of Filipino students, College Editors’ Guild of the Philippines, National Union of Students of the Philippines. Lim was the team leader of soldiers stationed at the village hall of Barangay 591 in Sta. Mesa, Manila located close to the university.
Lim and other soldiers joining the forum discouraged the students from joining the said groups whom they accused of being “anti-family and anti-God”. The organizations the soldiers had vilified are national student organizations known to the academic sector with chapters spread all over the country. These groups are actively involved in advocating social issues and the welfare of students; for instance, tuition fee increases, extrajudicial killings, enforced disappearance, amongst others.
A week before the meeting, the university’s Office of Student Affairs and Services (OSASS) received a letter from Major Obera, CMO’s Battalion commander, supposedly justifying the soldiers’ purpose of conducting the forum. Major Obera writes that it would serve as venue for:
“The awareness program regarding the infiltration of the Communist Party of the Philippines, the New Peoples Army and the National Democratic Front (CPP/NPA/NDF) in Metro Manila” in the academe. Obera further wrote: “… nowadays, there are many of [our] youth being recruited by these front organizations supported by CPP/NPA/NDF. There is an aggressive recruitment here in Metro Manila especially in the student sector. The purpose of this program is to let the youth, especially the students, become aware and inform them of these issues particularly on CPP/NPA infiltration. Through this awareness program we can prevent them from joining any organizations supported by the communist terrorists”.
On February 20, in another incident soldiers were also caught covertly spying on the activities of students in other university campuses. When students at the Polytechnic University of the Philippines in Sta. Mesa, Manila were holding a peaceful protest at 2pm inside their campus, two persons were seen apparently taking photographs and video recordings of those students giving speeches.
Suspicious of what they were doing, they confronted them. Only then they came to know that the two, identified as Salve Romel Lao and Chardene Lalapus, were soldiers attached to the CMO battalion. They were not in military uniform when caught by students joining the protest action. They were taken to the university’s security office. There were complaints of harassment filed against them but there is no known progress on them.
In April, a complaint was filed against the soldiers involved before the office of the CHR in Manila. They held a hearing once but there has not been any substantial progress since then. The soldiers involved were only reminded by the university administration, but there has not been any sanctions taken against them.
Story 67: Forcible abduction and disappearance of three farmer leaders
Victims:
1. Antonino D. Roda,39
2. Eric E. Buhain,23
3. Julius Sango,21
All of them are members of Anakpawis party.
Alleged perpetrators: Four armed men on motorcycles (Two Yamaha DT, a red Honda XRM and a red Honda TMX), and five men onboard a while XLT-type van. All vehicles had no license plate numbers.
Date of incident: 3 August 2007at 2:45pm
Place of incident: Along the highway in Sitio Kawayan, Barangay Balongating, Guipos, Zamboanga del Sur
AHRC-UA-254-2007
At around 2:45pm of 3 August, Antonino Roda, Eric Buhain and Julius Sango were traveling in a passenger van on their way to Dinas, Zamboanga del Sur. As the commuter van approached Sitio Kawayan, Barangay Balongating, Guipos, four armed men on motorcycles blocked their way and ordered the driver of the van to stop. The armed men forced Roda, Buhain, Sango and two other female passengers into another white van in which there were five men. Then the white van sped off in the direction of Dumalinao town.
When the white van reached Dumalinao, the abductors freed the two female passengers. The van then sped off in the direction of Pagadian City. The female passengers reported the abduction to the authorities; however, no investigations were conducted. The abductees’ whereabouts are still unknown.
Story 68: Two female striking workers abducted and dumped in a canal
Victims:
1. Ms. Aurora Afable, 42, living in A.C Mercado Street, Barangay Wawa II, Rosario, Cavite
2. Ms. Normelita Galon, 39, living in No. 55 Corregidor Street, General Trias
Alleged perpetrators: About ten unidentified men
Date of incident: Early dawn on 6 August 2007
Place of incident: In front of Phils. Jeon Garments, Inc. factory located inside the Cavite Export Processing Zone (CEPZ) in Rosario, Cavite
AHRC-UP-109-2007; AHRC-UP-107-2007
On 6 August 2007, Aurora Afable and Normelita Galon were sleeping in their temporary tent in front of the garment factory, Phils. Jeon Garments, Inc (PJGI), where they had been picketing. They were awakened by some noise and realized that at around ten unidentified men, hooded with balaclavas had arrived at the place. Soon after, the two ladies had their faces forcibly covered with towels and were blindfolded. Their hands and feet were tied with adhesive tape. Ms. Galon could hardly breathe due to the towels but managed to push her tongue out a bit to get some air.
As they sat in a corner, the attackers were dismantling their tent. They took the debris of the tent and the victims’ personal belongings into their vehicle. The victims were also taken into the vehicle. After traveling for several minutes, the vehicle stopped. The debris and belongings taken from their picket were thrown on to the roadside to make room for them. The attackers purposely put their own body weight heavily on the two victims making it difficult for them to breathe.
When Ms. Afable told the attackers she could not breathe, the attackers told her they had just passed a guardhouse. Then they further said, “Huwag kayong mag-alala, doon namin kayo ibababa sa makikita kayo kaagad (Don’t worry, we’ll take you to a place where you could be seen easily)”. The victims realised the vehicle was able to pass through the checkpoints of the compound of the Cavite Export Processing Zone without being checked. (photo: Normelita Galon; source: Philippe Revelli of People’s Solidaire)
Some minutes later, the vehicle stopped once again. The perpetrators first got Ms. Galon outside the vehicle. While being carried, Ms. Galon pleaded with the two persons carrying her not to dump her into a river. Ms. Galon later heard voices saying: “Double time, double time may paparating na dalawang sasakyan (Hurry, two vehicles are coming)”. They were about to carry the other victim, Ms. Afable, outside of the vehicle when the two vehicles had just passed. Out of haste they had her thrown into a canal before they hurriedly left. Galon and Afable removed their blindfolds and the adhesive tape that bound their hands and feet.
When they reported the incident to the Rosario Municipal Police Station (RMPS), the police officer on duty refused to register the complaint telling them that they had no jurisdiction over the incident inside the compound of the Philippine Economic Zone Police (PEZA) police. After negotiation, the police recorded the complaint but they refused to give a copy of the report to the victims. The police further told them to lodge a complaint to the PEZA police and get a copy from that police station.
At 5am, the victims and their colleagues, as instructed by the RMPS, went to the PEZA police and were met by a police officer wearing civilian clothes. When they told him they wanted to register a complaint, he told them to wait for his colleague in charge of registering complaints, since he was doing his morning exercise at the time. But his colleague did not come. They could only file a report with the same officer after returning from his exercise.
Story 69: Police refused to register complaints of violently attacked workers
Victims:
1. Resurreccion Ravelo, president of Nagkakaisang Manggagawa sa Chong Won (United Workers in Chong Won)
2. Florencia Arevalo, the union’s secretary
3. Several others workers present during the incident
Alleged perpetrators: Unidentified men armed with knives and guns
Date of incident: 10 to 11 June 2007
Place of incident: In front of the C. Woo Trading, Inc. (formerly Chong Won Fashion, Inc.), inside the CEPZ in Rosario, Cavite
AHRC-UP-087-2007; AHRC-UP-195-2006
Resurreccion Ravelo, Florencia Arevalo and several others were attacked while holding a picket line in front of their factory, C. Woo Trading, Inc. The workers had been on strike for nine months after the company’s continuous refusal to commence the Collective Bargaining Agreement with them. The CBA contains demands of the workers for the increased wage, benefits and improved working conditions.
At 8:30pm on 10 June 2007, nine men armed with crowbars and knives arrived at the picket line in a white van. The vehicle bore license plate number of UVD-390 and had the words Rapid Air Freight, on the side. Upon their arrival, they reportedly held the workers at knifepoint while their companions forcibly dismantled the makeshift tents. They threw their personal belongings, threw food stocks on the streets and broke drinking water bottles. Before they left, they threatened to kill the workers if they refused to abandon their strike.
Seven hours later, another 20 men wearing balaclavas, camouflage pants and armed with M-16 assault rifles arrived in three separate vehicles. The vehicles had their license plate numbers covered. They started rounding up the workers one by one at the corners of their vehicles. The attackers ordered them to lie down face to the ground with M-16 rifles pointed at their heads. Arevalo was kicked on the back and her hair was repeatedly pulled by one of the attackers. Ravelo was also injured during the incident. The attackers completely destroyed the workers’ makeshift tents and took everything into their vehicles. The attackers were allegedly hired thugs.
It is suspected that the second attack could have been done by the elements of Philippine Economic Zone Authority (PEZA) police, by military and policemen hired by their company. The compound where the incident took place is supposed to be highly secured and only those authorized persons are supposed to be admitted, and allowed to carry high-powered firearms inside.
This is because when the workers sought the assistance of PEZA police, they were allegedly told that the police could neither assist them nor conduct investigation because the following day, June 11, was a public holiday. The office of the Rosario Municipal Station Office (RMPO) has likewise declined to give any assistance claiming that they no longer have jurisdiction inside the compound. But strangely in the past, they have in fact been involved in carrying out the violent dispersal of workers inside the CEPZ.
The RMPO’s Deputy Chief of Police, Senior Inspector Jonathan Genetiano, also defended their refusal to intervene arguing that the vicinity of PEZA is no longer under their jurisdiction. But when the workers requested to have their complaints, at least, registered in the police blotter, investigators Senior Police Officer-3 Philip Gomez and Police Officer-1 Eric Pureza refused to do so.
Story 70: Police vehicle used in forcibly abducting a man
Victim: Arnold Aliman (a.k.a. Dodong), a businessman
Alleged perpetrators: Six men believed to have links with the police
Date of incident: 27 May 2007 at 5:30pm
Place of incident: At an intersection in Pedro Acharon Boulevard and Magsaysay Avenue, General Santos City
AHRC-UA-198-2007
On 27 May 2007 at 5:30pm, Arnold Aliman was driving his motorcycle on his way home when he was forcibly abducted. He was supposed to return home after sending his girlfriend off at Saging Street, Barangay Dadiangas South, of the same city.
Aliman was at an intersection, waiting for the traffic light to turn green, when a white pick-up vehicle stopped beside him. Three men alighted from the vehicle and forcibly dragged him into theirs. Aliman strongly resisted, but in subduing him another three persons alighted to force him inside. A witness stated that when the abduction was happening, the police officers deployed at a police outpost were just a few metres away but they did nothing despite the victim’s loud calls for help.
Also, passersby and bystanders ignored him. The place where the abduction happened is usually a crowded and busy street. After the abduction, some witnesses went to Pendatun Police Station, a local police station, and later to their headquarters, the General Santos City Police Office’ (GSCPO) headquarters in Camp Fermin Lira. Surprisingly, a witness recognized the vehicle that was used in abducting Aliman was parked beside one of the headquarters’ offices, the Intelligence and Detective Management Section, which was formerly Criminal Investigation Branch.
No credible investigation was conducted on the witness testimony, which could have helped in identifying the abductors and locating the victim. Senior Superintendent Vicente Bautista, at that time head of the GSCPO, nevertheless ordered Senior Inspector Maximo Sebastian, chief of the IDMS, relieved from his position. There was no investigation to determine their criminal liability.
Story 71: Abducted activist denied food, tortured while in captivity
Victim: Gilbert Rey Cardiño (a.k.a. Jing), 27, He has one child; National Council Member of political party Bayan Muna and its provincial chairperson in South Cotabato; the Regional Coordinator for Socsksargen (combination of the provinces of and city South Cotabato, Sultan Kudarat, Sarangani and General Santos City).
Alleged perpetrators: Five men riding a white van with no license plate number.
Date of incident: From 6 to 8 June 2007
Place of incident: At the intersection in Barangays Sto. Niño and New Pangasinan in Barrio Dos, Koronadal City
AHRC-UA-185-2007
At 11am on 6 June 2007, Cardiño was on his way to his office. A white van suddenly blocked the motorcycle rickshaw he was riding at an intersection in Barrio Dos, in Koronadal City. Five men emerged from the vehicle and forcibly dragged him into their van. Two witnesses described the alleged perpetrators as having short military-like haircuts while another one was wearing a black, long sleeve jacket marked with “POLICE” on the back.
The vehicle, a Mitsubishi L-300 van model, was last seen going towards the direction of General Santos City. After learning of the incident, the victim’s colleagues went to the Police Regional Office (PRO 12) of the PNP in Barangay Tambler, General Santos City. The police informed them that they were aware of Cardiño’s abduction but denied holding him in their custody. The victim’s colleagues then went to the police headquarters asking for his whereabouts. This is because in the past some persons who were reported missing have later been found to be in police custody.
The police informed the victim’s colleagues they were following up on the case but did nothing to promptly assist them in locating the victim’s whereabouts. Neither did they show any willingness to cooperate with them. It is extremely difficult for local activists to obtain adequate police assistance because some of them, in particular in this area, have had long held grudges against local activists critical of them.
Two days later, at 11am on June 8, Cardiño was released near his house in Barangay New Panganisan, Koronadal City. He was met by his family at a hospital after he surfaced. A local politician and a priest were able to rescue Cardiño, reportedly after a negotiation for his release and have placed him under their protective custody.
Cardiño was barefoot, completely exhausted and unable to talk. He was still in a state of shock. The physicians evaluating his health condition ordered him to take a complete rest. Cardiño appeared to have been deprived of food and sleep during his two days in captivity.
Prior to this incident, Cardiño had reported to a human rights group, Karapatan, about suspicious movement of vehicles passing in front of their office. He believed they were overtly spying on them. On March 23, Cardiño noticed a light blue car that stopped in front of their office at 11:20am. One of the people in the car leaped out and took photographs of him.
Story 72: Killing of two peasants and wounding of six others in a violent attack
Victims:
1. Alejandro Garcesa, 70
2. Ely Tupas, 52
3. Jude Capitania, 32
4. Jobert Malayas, 25
5. Rene Florendia, 27
6. Alan Hagocoy, 26
7. Norberto Diamante, 47
8. Andre Barcoma, 17
Alleged perpetrators: Security guards of Roberto Cuenca of the Hacienda Velez-Malaga, Barangay Robles, La Castellana, Negros Occidental
Date of incident: morning of 4 June 2007
Place of incident: in the same area
AHRC-UP-077-2007; AHRC-UA-047-2007
On 4 June 2007, close to 100 farmers went to the area in Hacienda Velez-Malaga when security guards of their former landlord, Roberto Cuenca, opened fired at them to prevent from entering the land.
The shooting killed Alejandro Garcesa, 70 years old and Ely Tupas, 52 years old. Garcesa and Tupas were among the 57 farmers who are beneficiaries of land reform and holders of Certificate of Land Ownership Award of the farmland they were claiming. Garcesa and Tupas were among the 25 farmers who launched a hunger strike on February 2007 in Quezon City in front of the head office of DAR to demand their immediate installation to the land awarded to them.
Also wounded during the shooting were six other farmers, most of whom are also beneficiaries, namely Jude Capitania, 32 years old, Jobert Malayas, 25 years old, Rene Florendia, 27 years old, Alan Hagocoy, 26 years old, Norberto Diamante, 7 years old, and Andre Barcoma, 17 years old.
On March 22, they and other farmers were installed by the DAR, eventually giving them authority to cultivate. About 57 of the 122 farmer beneficiaries were installed at that time. The 114 hectares land, which is subject for distribution to the beneficiary, is part of the 446 hectares formerly covered by the said hacienda. When the shooting happened, even though a team of policemen attached to the Provincial Regional Mobile Group was present in the area it allegedly did not intervene to prevent the shooting and to secure the farmers’ safety. Also the police station was located in front of the guardhouse of the security guards who were responsible but the policemen did nothing. They also did not intervene to help the slain and wounded farmers shortly after the shooting.
The inaction of the police was alleged to have been due to the connections of their senior officers with the Cuencas. The Cuencas and the farm beneficiaries have since been in protracted conflict after the farmers were installed on the land awarded to them on 22 March 2007. Also, even the farm workers of the Cuencas also opposed to the distribution of the land to the farmer-beneficiaries.
Even though the DAR upheld the beneficiary’s ownership over the land after they were installed, the farmers have since not been able to cultivate and occupy it. Even the Provincial Agrarian Reform Officer in Negros Occidental, Stephen Leonidas, has discouraged them from entering and cultivating the land to prevent violence from erupting. The Cuencas’ farm workers who are opposed to the distribution of land had earlier threatened a violent confrontation.
Story 73: A man forcibly abducted in front of his family
Victim: Romualdo Balbuena, 55, of Barangay 1, Poblacion, Quinapondan, Eastern Samar
Alleged perpetrators: Twenty-two persons who are believed to be members of security forces
Date of incident: 25 February 2007 at 2am
Place of incident: At the victim’s home in Quinapondan, Eastern Samar
AHRC-UA-168-2007
At 2am on 25 February 2007, five armed men in military uniform and with faces covered with balaclavas forcibly entered the home of Romualdo Balbuena where he and his family were sleeping. The armed men forcibly destroyed the door and went straight to where Balbuena was sleeping. They grabbed him from his room, dragged him outside and tied his hands behind his back. He was taken to a vehicle waiting nearby.
Balbuena’s wife, Violeta, was in a state of shock and was not been able to immediately intervene to run after her husband’s abductors. At the time, their house was surrounded by about 17 men. The vehicle where the victim was taken was seen going towards national highway.
The Balbuenas sought police assistance and had the incident registered into the police blotter; however, there was no substantial progress. They also went to a nearby detachment of the 34th IBPA, located few kilometres from their house, hoping they could find him there, but they were told they were not holding the victim in their custody. The family likewise sought the help of the CHR but they are not aware of any progress on the case since. The victim’s whereabouts have remained unknown.
Story 74: Police forged signature of a complainant to file murder case
Victim: Carlito Getrosa, 49, of Purok Narra, Midpapan 2, Pigcawayan, North Cotabato. He was a member of Bayan Muna in Pigcawayan
Alleged perpetrators: An unidentified gunman described as wearing dark long sleeves and a mask. He was alleged to have several accomplices during the attack.
Date of incident: 11 March 2007 at 8:30pm
Place of incident: Near the victim’s residence
AHRC-UA-168-2007
On 11 March 2007, Carlito Getrosa was having a usual gathering with his friends and relatives at the back of his house at around 8:30pm. When Carlito stood up to take his dinner inside the house, a man shot him in the head with a .45 calibre pistol equipped with a silencer. The gunman was described as wearing dark long sleeves.
After the shooting, the gunman immediately escaped onboard a red motorcycle towards the direction of the national highway. But before leaving, the gunman warned the witnesses not to follow him. Hours before the shooting incident, around 7:30pm, witnesses noticed the red motorcycle parked in front of a small market. Close by was the person that would later shoot the victim.
The same person was later seen heading towards the house of Getrosa onboard the motorcycle. The witnesses, however, could not recognize the man at that time because the place was dark. One of the victim’s friends likewise noticed two other men behind a nearby tree, which indicates that the attacker was not alone. The following day, residents discovered traces of boot markings. Days before the shooting incident, on March 8 to 10, the villagers noticed persons with suspicious movements. The persons were riding on a motorcycle that did not bear a license plate, roaming the area, often in the afternoons.
By late April, the CIDG XII reportedly filed murder charges against perpetrators. The police charged three of Getrosa’s ‘close associates’ for the victim’s murder. They claimed to have obtained an affidavit from the victim’s mother, Alicia, as a complainant. However, Alicia could not recollect any instances where police investigators asked her to sign an affidavit regarding her son’s murder. It is alleged that the Alicia’s signature in the complaint could have been forged.
Story 75: An activist included in ‘order of battle’ killed
Victim: Felisa Timog Ocampo, 59,of Barangay Poblacion, Morong, Bataan. She was a widow with one child. She was the municipal Coordinator for Bayan Muna in Morong
Alleged perpetrators: Two unidentified armed men with four other accomplices, two of them were in a car and another two were riding on a motorcycle
Date of incident: 2 March 2007 at 7:30am
Place of incident: In front of a store owned by the victim’s sister in the same place
AHRC-UA-168-2007
At 7:30am on 2 March 2007, Felisa Ocampo was walking in front of her sister’s store when two men suddenly approached and shot her in the forehead. The gunmen waited to make sure the victim was dead before leaving the area. They also threatened those people who tried to intervene. The attackers escaped in a car waiting nearby in which two other men sat. Two more men were seen riding on a motorcycle escorting the car.
After the shooting, Ocampo was immediately rushed to the Morong Municipal Health Unit but was declared dead on arrival. A day before the incident, on March 1, around 2:30pm Ocampo was doing her laundry when she noticed that four men were apparently monitoring her house. Two men were carrying mobile phones with them. When she noticed the suspicious movement of these two men, she hid in a corner. Ocampo’s neighbours likewise spied on the movement of the two men. The two were seen in front of the victim’s house while the other two men were seen at the nearby marketplace. One of Ocampo’s neighbours asked the two men in front of the house who they were looking for. One of them replied, “Nobody, we’re just waiting for someone.”
Only after two hours or so did these two men leave the area. After they left, Ocampo immediately went outside her house towards her sister’s. She slept at her sister’s place that whole night. She was supposed to report to the police station the following day that she was being spied upon by two men.
Prior to Ocampo’s killing, she had been repeatedly summoned by the military attached to the 24th IB-PA in Balanga, Bataan but she had refused to go for questioning. It is reported that she was allegedly included in the military’s ‘Order of Battle’ list.
Story 76: A man whom soldiers harassed, questioned shot dead
Victim: Cipriano Ligaspo, 43, of Sta. Monica, Bunawan Brook, Bunawan, Agusan Del Sur. He had two children. He earned a living by driving a motorcycle.
Alleged perpetrators: Two unidentified armed men wearing balaclavas believed to be members of security forces
Date of incident: 14 March 2007 at 1:30pm
Place of incident: Masapia, San Andres, Bunawan, in the same province
AHRC-UA-168-2007
On 14 March 2007, Cipriano Ligaspo was on his way home at 1:30pm when he was shot dead by two unidentified men wearing balaclavas in Masapia, San Andres, Bunawan. Masapia is located about 18 kilometres from the village of Sta. Monica where the victim was residing. It is also close to where the military camp is located. Ligaspo suffered 16 gunshot wounds said to be from 9mm and .45 calibre pistols.
At the time of his death, Ligaspo was earning a living as motorcycle driver. Prior to Ligaspo’s death, however, the military had already been allegedly harassing and threatening to kill him. The military had accused Ligaspo of being a sympathizer of a rebel group, the NPA.
A month prior to his death, Ligaspo was together with his brother and five other peasants when they were forcibly taken by 14 military men belonging to the 36th IB-PA into a military truck, on February 20. They were taken to the military headquarters stationed in Scaling, Barangay San Roque, Bislig City, Surigao del Sur. The military accused them of supporting the rebels. While inside the headquarters, the military subjected them to questioning and took photos and video recordings of them. They had them interrogated separately in different rooms as to whether or not they had a certain affiliation or knowledge of the rebels’ activities and those of their supporters. They were subjected to questioning in the absence of legal counsel, and were psychologically tortured. Their relatives and family members went to the headquarters asking for their whereabouts. At that time they were under the military’s custody. Before leaving the camp, they were allegedly threatened that they would be killed if they continued supporting the rebels, an allegation that the victims denied. After Ligaspo’s killing, no suspect was arrested or charged.
Story 77: Killing two young activists on pretext of ‘legitimate encounter’
Victims:
1. Ronilo Brezuela, 16, of Sitio, Maligaya, Barangay Alayao, Capalonga, Camarines Norte. He was a farmer and a member of a youth political party, Kabataan Youth
2. Roberto Bagasbas, Jr. (a.k.a. Junjun), 27, of Sitio Ulipanan, Barangay Dahican, Jose Panganiban, Camarines Norte. He was also a member of the same party. He was a fisherman.
Alleged perpetrators: Elements of the Alpha Company of the 31st IB-PA based in Tigbinan Base, Labo, Camarines Norte
Date of incident: 15 May 2007
Place of incident: Sitio Santolan, Barangay Old Camp and Barangay Mataqui, Capalonga, all in the same province.
AHRC-UA-168-2007
At 7am on 15 May 2007, Ronilo Brezuela and Roberto Bagasbas, Jr. were tasked to deliver food rations for their colleagues who were serving as election monitors. That was the last time they were seen alive.
On May 17, Bagasbas’ father, Roberto Sr., learned that two dead bodies were lying at the Capalonga plaza for the purpose of determining their identities. When the elder Bagasbas learned that one of the bodies resembled his son, he hurriedly went to the plaza to check. When one of the wooden boxes was opened, he found the decomposing body of his son. His son’s chin was damaged, his hands were tied with rope behind his back, his feet tied and there was a hole in his chest. The elder Bagasbas took his son’s body home.
While Bagasbas’ body had already been claimed, the body of Brizuela was not claimed until May 19. This time, his mother, Anita Brezuela, learned about the death of her son from her neighbours. Anita was not able to claim her son’s body when it was presented at the plaza. When she knew of her son’s death, his body has already been buried because nobody had come forward earlier to claim it.
Days before the victims’ bodies were recovered, the villagers in the area on May 16 had heard in the local radio station in Daet, Camarines Norte the announcement by the PA that it had killed two rebels during an encounter. The military’s claim was denied by villagers living in the area where the military claimed an encounter took place. The villagers stated no such fighting occurred.
Story 78: Gruesome murder of a mother and her son
Victims:
1. Betty Quillano, 37, of Sitio Banahaw, Barangay Maitum, Tandag, Surigao del Sur
2. Her 11-year-old son Dan-Dan
Alleged perpetrators: Elements of the 58th IB-PA paramilitary forces, Cafgu and Special Cafgu Active Auxiliary, all under 402nd Infantry Brigade of the 4th Infantry Division, PA
Date of incident: 2 April 2007 at 10am
Place of incident: In Barangay Caromata, San Miguel, Surigao del Sur
AHRC-UA-167-2007
On 2 April 2007, at 10am Betty Quillano was together with eight other women and three children taking a rest in a hut, which is about an hour’s walk from the central area of Barangay Caromata, San Miguel, Surigao del Sur. Quillano’s son Dan-Dan Quillano and another boy Buboy Montenegro were also inside the hut at that time. They were all waiting for their other companions as they planned to cleanup a field nearby.
While they were in the hut, armed men who were later identified as military opened fired at them, killing Quillano’s son, Dan-Dan, instantly. Dan-Dan was hit by bullets in the right side of his abdomen. The other victims immediately scampered for safety in different directions. After the shooting, the military men chased and caught up with Dan-Dan’s mother, Quillano, while her other companions had escaped.
According to eyewitnesses, the soldiers forcibly dragged Quillano back to where her son was lying dead. She was repeatedly beaten while questioned. Soon after, the soldiers were seen bashing Quillano’s head and killing her. Dan-Dan’s dead body was mutilated, mixed together with a pig’s carcass and burned together with that of his mother.
On April 11 Quillano’s relatives discovered that the two were dead. They went to where the shooting took place and saw traces of the victims’ burnt remains –a child’s foot and an adult skull. The victim’s relatives tried but were unable to recover the victims’ personal belongings. They were not given proper burials because of the continuing military operations at that time.
The soldiers later released a report to the media claiming they overran a rebel camp in Barangay Caromata, the place where Betty and her son Dan-Dan were killed. They claimed the two victims
were killed in a firefight.
Story 79: Soldiers killed three farmers
Victims:
1. Benjamin Gelongga, 72
2. Richard Sarillo, 28. He had five children.
3. Bobby Quilo, 20
All of them were residents of Upper Coyaoyao, Barangay Inulingan, Magallon, Negros Occidental. They were also members of the Barangay Inulingan Farmers Association
Alleged perpetrators: Elements of the 11th IB-PA headed by Lt. Col Jess Manangquil
Date of incident: 5 May 2007 at 6pm
Place of incident: Upper Coyaoyao, Barangay. Inulingan, Magallon, Negros Occidental
AHRC-UA-167-2007
On 5 May 2007, around 50 military men attached to the 11th IB-PA were conducting a military operation in the municipalities of Isabela and Magallon (Moises Padilla), all in Negros Occidental. At 2pm, a firefight between the soldiers and a rebel group took place in Sitio Malipayon. The fighting lasted for an hour and sporadic gunfire was subsequently heard.
The area where the fighting took place is close to Sitio Coyaoyao, the place where farmers Benjamin Gelongga, his sonin-law Richard Sarillo and nephew Bobby Quilo, were residing together with their families. The sitios of Malipayon and Coyaoyao are both located in Barangay Sibucau-an.
Sarillo was supposed to evacuate his wife and children to safety after the fighting subsided towards the central area of Barangay Sibucao-an. But Sarillo, however, decided to go back first to their home to attend to their livestock before joining his family. But at the time, his wife and children had already gone ahead of him.
Sarillo was later found dead. He had suffered a gunshot to his head and was barely recognizable. At the time also, Sarillo’s father-in-law, Benjamin Gelongga and the latter’s nephew, Bobby Quilo, were found dead inside the house in which they were staying. The victims were killed allegedly by the soldiers who were conducting operations. Benjamin and Bobby’s bodies bore gunshot and stab wounds when they were recovered.
The soldiers took the victims’ bodies to the municipality of Isabela where they presented them to the media as casualties of the encounter. Lt. Col. Jess Manangquil, the commanding officer of the 11th IB-PA, claimed the victims were members of a rebel group killed during the encounter with the soldiers. It was only on May 6 when Sarillo’s wife learned about her husband’s death, and that of her father and a relative.
At the time of their death, the three victims were members of the Barangay Inulingan Farmers Association, a local peasant organization affiliated with the KMP.
Story 80: Soldiers forcibly abduct an elderly activist
Victim: Lourdes Rubrico (a.k.a. Nay Ude), 62, of resident of Barangay San Nicolas 2, Dasmariñas Bagong Bayan (DBB), Cavite. She was the chairperson of Ugnayan ng mga Maralita sa Gawa at Adhika (Umaga) Federation (Association of the Poor in Action and Aspiration); village coordinator for Bayan Muna, Board of Trustee of the Cavite Ecumenical Movement for Justice and Peace (CEMJP) and chairperson of Umaga
Alleged perpetrators:
1. Major Darwin Sy (a.k.a. Darwin Reyes). He is stationed at the headquarters of the AFP in Camp Aguinaldo, Quezon City.
2. Captain Angelo Cuaresma
3. Ruben Alfaro
4. Jimmy Santana
5. A certain Jonathan and several unidentified men
All of the four are stationed in 301st Air Intelligence and Security Squadron, Philippine Air Force (PAF) Field Station, Fernando Air Base
Date of incident: 3 to 10 April 2007 at 3pm
Place where she was abducted: Megahouse, Sta. Cruz 1, DBB-E, Dasmariñas, Cavite
Place where she was illegally detained: at the headquarters of 301st Air Intelligence and Security Squadron, PAF Field Station, Fernando Air Base.
AHRC-UA-161-2007
Lourdes Rubrico, a known urban poor leader who was abducted and forcibly disappeared for seven days filed complaints against five military men, including a military major.
On 3 April 2007 at 3pm, Rubrico was taking a nap inside a shelter in Megahouse, Sta. Cruz 1, Dasmariñas, when four unidentified men forcibly dragged her towards a van waiting outside. Inside the van, with license plate number XRR 428, were two men. Some people who witnessed tried to intervene; however, the armed men pointed handguns at them as they escaped from the area.
Prior to the incident, Rubrico led a campaign to expose the illegal activity of the organizers of Barangay Alternative Community Leaders (Bacal). The group is reported to be under the oversight of the office of the Provincial Governor of Cavite. They were allegedly collecting sums 5000 Pesos (USD 105) from poor urban families in exchange of promised units at the Megahouse, an abandoned industrial site designated by the National Housing Authority as the temporary relocation site for homeless families in Dasmariñas.
On April 5, Police Chief Superintendent Fidel Posadas, Cavite Provincial Police Office (CPPO) police director, did not take Rubrico’s forcible abduction seriously. P/Chief Supt. Posadas instead stated she was an urban poor leader accused of having been involved in a land scam.
By midnight of April 10, Rubrico was released by her captors at a shopping mall in Dasmariñas. After her released, Rubrico recounted that she was interrogated and forced to admit that she was a member of a leftist organization with links to other leftist groups.
In her statement she said: “I was showed a number of pictures of various individuals and asked if I recognize the faces of those who were allegedly members of leftist groups. They also forced me to claim that I’m also a member”. It was later found out that Rubrico had been kept somewhere at the headquarters of 301st Air Intelligence and Security Squadron, PAF Field Station, Fernando Air Base. She accused members of the PAF for being responsible for her adduction and illegal detention. Rubrico recounted that had she not signed papers supposedly accepting their offer to cooperate with them and to agree to be their intelligence operative, she would have not been released from their custody. “They made me sign papers, gave me a SIM card (phone card) and 200 Pesos (USD 4) in order for me to go home,” Rubrico said in her statement.
On April 20, Rubrico filed a complaint against her abductors before the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Office (MOLEO) in Quezon City. In her complaint, Rubrico charged Major Darwin Sy, Captain Angelo Cuaresma, Ruben Alfaro, Jimmy Santana, a certain Jonathan and several unidentified men as responsible for her abduction and illegal detention. Major Sy (a.k.a. Darwin Reyes) is stationed at the headquarters of the AFP in Camp Aguinaldo, Quezon City while the others are in 301st Air Intelligence and Security Squadron, PAF Field Station, Fernando Air Base.
Rubrico charged the respondents for kidnapping and illegal and arbitrary detention for violation of Articles 267 and Article 124 of the RPC respectively. The respondents were also charged for violation under paragraphs (a) and (b) of Section 4 of the Act Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation (RA 7438). Paragraph A refers to the failure of the authorities to inform the victim of her right to remain silent and to be represented by counsel, while Paragraph B is for preventing the members of her immediate family from gaining access to her while in detention.
Rubrico is active in a number of cause-oriented organizations. For four decades she has devoted her life to help the urban poor in her municipality of Dasmariñas to acquire decent housing. Her family is one of those who relocated to the locality from Metro Manila in the 1970s.
Story 81: Husband of a murdered activist evades attempt on his life
Victim: Orly Marcellana (a.k.a. Ka Orly), 40, of No. 2737 Barangay Anos, Los Baños, Laguna. He is the 8th nominee for the sectoral political party Anakpawis.
Alleged perpetrators: Two unidentified armed men riding on motorcycles
Date of incident: 10 May 2007 at 3pm
Place of incident: Gas station in Barangay Sala, Cabuyao, Laguna
AHRC-UA-161-2007
At 3pm on 10 May 2007, Orly Marcellana was riding on a public utility vehicle on his way to the office of Bayan Muna in Barangay Anos, Los Baños. Marcellana noticed two men riding on a motorcycle following the jeepney he was riding in. The person driving the motorcycle was wearing a helmet and a brown jacket.
A few minutes later, the motorcycle stopped and the passenger alighted, but the driver continued on following the jeepney. Upon reaching an intersection in Barangay Sala in Cabuyao, Marcellana noticed that the motorcycle following him had stopped. At this time, the motorcycle driver took his helmet off looked directly towards Marcellana for some moments. The driver then turned away and rode back in the direction from where they had come. At that moment another man also on a motorcycle appeared. He was wearing a ski mask and carrying a military issue Armalite rifle. Now fearing a possible abduction or assassination Marcellana immediately jumped off the jeepney and hurriedly ran without looking back, believing that he could be after him. (photo source: Pinoy weekly)
Marcellana’s wife, the late Eden Marcellana, was a known human rights activist and secretary general of Karapatan in Southern Tagalog. She was murdered on 21 April 2003 in Naujan, Mindoro Oriental. It is alleged that elements from the military were responsible for Eden’s murder. Since his wife’s death, Orly has devoted his time to seeking justice for his wife and other victims of extrajudicial killings and disappearances.
Story 82: Son of prominent journalist forcibly abducted in public
Victim: Jonas Joseph Burgos, 38, of Tandang Sora, Quezon City. He has one child. He was the Trainer of Alyansa ng Magbubukid sa Bulacan (AMB or Peasants Alliance in Bulacan)
Alleged perpetrators: Unidentified men
Date of incident: 28 April 200 at 6pm
Place of incident: Mall in Quezon City
AHRC-UA-156-2007
On 28 April 2007, three persons disappeared after they were allegedly forcibly abducted in public places. Jonas Joseph Burgos failed to arrive at home as he was expected. He already informed his family that he was on his way to home and that he was just somewhere in Quezon City, by sending an SMS message. Burgos had promised to arrive at his family’s place at 6pm. Although his family kept sending text messages to his mobile phone to ask his whereabouts all through the night, the family received a message from his mobile at 10:46am on the following morning on April 29 saying: “Sensya na, ligo lang (Sorry I was just taking a bath)”.
The exchange of text messages continued with the victim’s family trying to find out about his condition but the replies did not make any sense. When his family called him although they were able to speak with him, his voice sounded like he was drugged and his answers were unclear. His family continued on checking him through SMS messages and by calling his mobile phone occasionally. His phone however was off from that whole night until the following morning, April 30. (photo source: Karapatan)
Burgos is a graduate of agriculture from the Benguet State University. He had been giving agricultural technology training for members of the Alyansa ng Magbubukid sa Bulacan (AMB), a chapter of the KMP for the past nine years. The AMB and KMP are peasant organizations lobbying for the solution of agrarian issues in Central Luzon. Prior to Burgos’ disappearance, several leaders and members of the AMB had already been victims of either killings or abductions allegedly committed by security forces in the past. Burgos is also the son of the late Jose “Joe” Burgos Jr., former publisher and editor of the We Forum and Malaya newspapers. The late elder Burgos’ publication was the pioneering alternative press during the Marcos regime. The elder Burgos was an awarded journalist, a widely known civil libertarian and defender of press freedom who died in 2003. His son’s whereabouts remain unknown.
Story 83: Man last seen in soldiers’ custody disappeared
Victim: Alan Bumanglag, 40, a member of a peasant group Kagimungan, local chapter of the KMP in Cagayan
Alleged perpetrators: Unidentified men believed to have links with the military
Date of incident: 26 April 2007
Place of incident: Tanglagan, Gattaran, Cagayan close to the camp of 17th IB-PA
AHRC-UA-156-2007
On 26 April 2007, Alan Bumanglag a member of Kagimungan was reported to have been abducted and disappeared. Before he disappeared, soldiers attached to the 17th IB-PA allegedly took him for questioning inside their camp in Tanglagan, Gattaran, Cagayan.
In the absence of a legal counsel, he was interrogated for several hours; and was only allowed leave there at 2pm. After emerging from military camp, three men were reportedly seen following him. His whereabouts are unknown.
Story 84: Abduction and disappearance of five persons
Victim: Josephine Nogoy, 32, of Talaga village, San Jose, Tarlac. She has two-month-old twins.
Alleged perpetrators: Unidentified armed men believed to be military elements
Date of incident: 27 March 2007 at 1am
Place of incident: Masagana Zone, Iba village, San Jose town, Tarlac
AHRC-UA-156-2007
At 1am on 27 March 2007, unidentified armed men onboard two separate vans arrived at the house of Divina Guevarra, sisterin- law of Josephine Nogoy’s in Purok Masagana, Iba Village, San Jose. The vans did not bear any license plates. The perpetrators, about 15 of them, were carrying firearms and were wearing black long sleeves, balaclavas, gloves and combat shoes. They forced themselves into the house and split into two groups.
One group started threatening and pointing their guns at Divina, her husband and their two children. Others were looking for something inside the house. When they saw Nogoy inside the house, they forcibly took her into a van waiting outside. The armed men sped away taking Nogoy with them. Nogoy’s twin children were left in custody of Guevarras. At the time of the incident, Nogoy was with her twin children visiting the Guevarras family.
Story 85: Soldiers arbitrarily held two men for questioning
Victims:
1. Arnel Soliman, second district coordinator for Suara Bangsamoro in Davao del Sur
2. Nestor Sobricarey, volunteer
Alleged perpetrators: Six men attached to the 66th IB-PA headed by a certain Lt. Payumo
Date of incident: 6 May 2007at 4pm
Place of incident: Group’s office in Malita, Davao del Sur
AHRC-UA-153-2007
On 6 May 2007, two of the Suara Bangsamoro party’s volunteers, namely Arnel Soliman, second district coordinator in Davao del Sur and his colleague Nestor Sobricarey, were briefly held for questioning. This was after the military reportedly entered their office in Malita, Davao del Sur. The six soldiers responsible for the incident were allegedly attached to the 66th IB-PA, headed by Lt. Payumo.
Soliman and Sobricarey were allegedly questioned as to whom their party leaders were, and the reason why they were campaigning in Malita. They were accused of working for an illegal armed group. The soldiers took photographs of the two victims while they were subjected to questioning.
Story 86: Husband of a political activist shot dead in Mindanao
Victim: Usman Ali, he was the husband of political activist Babai, leader of the political party Suara Bangsamoro
Alleged perpetrator/s: Unidentified armed men
Date of incident: morning of 7 May 2007
Place of incident: Public market in Pikit, North Cotabato
AHRC-UA-153-2007
On 7 May 2007, Usman Ali was shot by unidentified gunmen at the public market. He suffered a gunshot wound to his head. At the time of his death Ali was acting principal of the Dunguan Elementary School in Pagalungan. After Ali’s murder, some of the local villagers had to evacuate when they receive reports that soldiers were entering in Pikit and in nearby areas.
It is reported that Ali’s murder could have been related to his wife’s involvement in political activities, Suara Bangsamoro; and the continuing effort by the security forces to allegedly discredit their organization. Prior to his murder, some of the party’s leaders and volunteers have also experience being harassed allegedly by the military. The harassment took place a day prior to the attack on Ali.
Story 87: A witness who testified to UN special rapporteur shot dead
Victim: Siche Bustamante-Gandinao, 56, married with six children, resident of Upper Poblacion, Salay, Misamis Oriental Alleged perpetrators: A man came by a red motorcycle with a gun Date of incident: 10 March 2007at 3pm
Place of incident: 50 metres from the detachment of the 9th IBPA, Cafgu in Barangay Guinalaban, Misamis Oriental
AHRC-UA-088-2007
At 3pm on 10 March 2007, Siche Bustamante-Gandinao was on her way home from her family’s farm in Barangay Guinalaban, Salay in Misamis Oriental. She was with her husband and a daughter. Siche was walking behind a cart loaded with their harvested crops. While they were walking towards home, they passed the 9th IB-PA detachment. The family noticed that there was a red motorcycle parked in front of the gate of the detachment.
After walking about 50 metres away from the soldiers’ detachment, a man carrying a gun ran towards the family, grabbing their daughter. He turned around, looked at Siche and repeatedly shot her arms and chest. After the shooting the gunman escaped in the direction of the detachment. The husband and the daughter of the victim called for the help of people who lived nearby the site, however no one came.
The chairperson of the village had come and tried to contact the police; however, he told the victim’s family that it was unlikely that anyone from the police station would be deployed because they were busy with other work. The victim’s husband carried her on his back and tried to take her to the nearest hospital. He and his daughter kept shouting to draw attention, asking for help for any person they could encounter on the road; however, they could not get a vehicle to take her to hospital for treatment.
Two men on a motorcycle came and approached the family but did not also offer help but rather returned back towards the detachment. However, the same motorcycle came back with another motorcycle that was red in colour and the family recognized it as the same motorcycle that they had seen in front of the detachment. There were two men on the red motorcycle and the daughter reportedly identified one of them as the gunman.
The men on the motorcycle then went away and they have not been seen since. Siche was a dedicated human rights activist who worked for the improvement of rights of farmers and fishermen. She was a member of the Misamis Oriental Farmers Association. She was also involved in the promotion of rights and welfare of marginalized sectors in society including industry workers, peasants, indigenous peoples and the urban poor as member of a political party, Bayan Muna.
Siche was one of the witnesses in the murder case of her fatherin- law, Tatay Daki Gandinao, who was shot dead on 8 February 2007. She testified about the killing of her father to the former UN Special Rapporteur Philip Alston during his 10-day country visit to the Philippines in February 2007 to investigate the killings.
Story 88: Alleged illegal arrest and torture of a farmer in Quezon
Victim: Fernando Tawagon, of Barangay Biga, Gumaca, Quezon
Alleged perpetrators: Members of 76th IB in Barangay Villa Principe, Gumaca, Quezon
Date of incident: 4 April 2006
Place where detained: Quezon Provincial Jail
AHRC-UA-064-2007
At 10am on 4 April 2006, 12 soldiers came to the house of Fernando Tawagon in Barangay Biga, Gumaca, Quezon. He was with his friend Leody Andal and cousin Eduardo. Tagawon was arranging a cart while the soldiers asked him and his friends question about the presence of the NPA in the area.
At 1:30pm, Tawagon came back from collecting coconuts at the farm. The soldiers came back again and asked him whether he saw a compass they had lost; a soldier later told him that the compass was found. Tawagon then left the house for work. However, he noticed the same group of soldiers was trailing him after he left the house; they also shouted at him to keep on walking towards the woods.
Tawagon finally got close to an area where another group of soldiers were waiting. The soldiers ordered him to stop and asked him if he had seen NPA rebels. When he told them he knew nothing about the presence of NPA, the soldiers accused him of covering up the NPA. After he was interrogated, the soldiers restrained him from leaving. At 5pm, another group of soldiers arrived. One of them suddenly pointed his gun at Tawagon and punched and kicked him over different parts of his body. Three other soldiers joined in assaulting him. They tied his wrists behind his back with a rope and blindfolded him with a worn out sock and handkerchief. He was then allegedly taken to the soldiers’ camp in Barangay Villa Principe, Gumaca.
On April 6, Tawagon was remanded to the BJMP in Gumaca, Quezon, where he was tortured further. He was blindfolded, his wrists were tied behind his back and his head covered with cloth. He pleaded from his captors to remove the rope on his wrists, but a police officer instead threw a handcuff at him and beat him.
When Tawagon was at the camp of the soldiers, they interrogated him in a small cottage with little ventilation with his hands tied behind his back. During his four months of detention in the soldiers’ camp, he was denied sleep and deprived of food and medicines. Days before he was brought to the RTC Branch 61 in Gumaca, Quezon, he was allegedly forced to sign on a blank piece of paper supposedly to be used to clear his records as an NPA member. He was admitted for a medical check up at a hospital. On 7 August 2006, Tawagon was brought to the Quezon Provincial Jail where he was subsequently detained.
Story 89: Student leader murdered in Daet
Victim: Farly Alcantara, 23, of Mercedes, Camarines Norte
Alleged perpetrators: Unknown man, 5’5 feet tall, wearing blue jeans and a white t-shirt
Date of incident: 16 February 2007
Place of incident: About 300 yards in front of Camarines Norte State College in Daet, Camarines Norte
AHRC-UA-060-2007
At 9:40pm on 16 February 2007, Farly Alcantara was riding on his motorcycle near his hometown when he and his professor, Winfredo Bermejo were fired upon by an unknown gunman. Alcantara was shot in the head with a .45 calibre pistol. Professor Bermejo was not hurt; however, the Alcantara’s injuries were so severe that he died instantly. The shooting happened about 300 yards from the gate of the school where the victim was studying. When the shooting happened, Alcantara was returning after assisting the organizers of the school’s upcoming trade fair to the campus late that evening. The gunman was about 5′ 6″ tall wearing navy blue shorts and a white t-shirt. This murder came at a time when the United Nations had sent Professor Philip Alston, former Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, to investigate the situation of extrajudicial killings in the Philippines.
Story 90: Widow and seven children in grave danger after husband shot dead in Iloilo
Victims:
1 Joseph Matunding, 43, a farmer leader of the organization Pagtingob Sang Mangunguma Kag Mamumugon Sa Kaumhan; a member of Ugnayan ng mga Nagsasariling Lokal na Organisasyon sa Kanayunan (Unorka) Provincial Executive Committee, from Barangay Manduawak, San Dionisio, Iloilo
2. Teresita Matunding, wife of the murdered victim
Alleged perpetrators: Two unidentified men
Date of incident: 30 January 2007 at 10pm
Place of incident: at the victims’ home in Barangay Manduawak, San Dionisio, Iloilo
AHRC-UA-051-2007
On 30 January 2007 at 10pm, Joseph Matunding was shot by an unidentified man wearing a hat who approached him when he entered the gate of his home in Barangay Manduawak, San Dionisio, Iloilo. As he fell to the ground, another unidentified man shot him several times. He died from seven gunshot wounds to his chest and neck. The police recovered 14 .45 calibre shell casings at the crime scene. The perpetrators have not been identified.
His wife, Teresia, was also shot in the waist and was taken to the Sara District Hospital for treatment. When she was at the hospital, on two occasions six unknown persons had come to see her, intimidating and terrorizing her. On February 1, two of the unidentified men came to her hospital room at around 1am. Fortunately, when a doctor noticed the men he asked for identification at which point they immediately left her room. Later that day at 9am, another four unidentified men came to her room. When Teresia’s friends and relatives noticed them, they scared them away by calling the police.
Before he was killed, in December 2006, Unorka reported to the DAR, a government agency responsible for the implementation of the Comprehensive Agrarian Reform Program, that Matunding and his colleagues had been the object of intimidation. His group is pursuing claims as beneficiaries for land reform to the land owned by the wealthy Lopez family. They requested the DAR to immediately intervene to prevent further intimidation that he and his colleagues were experiencing. Matunding was one of the farmers receiving serious threats on their lives. A week prior to the incident, he reported that there were two persons roaming around his house. The victim had also allegedly been under intense surveillance by unknown characters for over one year.
The Lopezes, namely Peter Paul Lopez, a former town Mayor; and Bec-bec Lopez, former police chief, also claimed that a portion of the land had been awarded to them. The land located in Barangay Manduawak is about 84-hectares. Matunding’s group had already obtained the Certificate of Land Ownership Award from the DAR; however, the Lopez family had yet to turn over the land to them.
Story 91: Alleged abduction and torture of a young man by the police
Victim: Mr. Oting Mariano, 21,of Barangay Kadiis, Carmen municipality, North Cotabato province
Alleged perpetrators:
1. Four unidentified men wearing plain clothes, who came in a white van with a plate number IUH-168; they are alleged to be operatives of Autonomous Region of Muslim Mindanao Police Regional Office
2. One senior police officer namely Sanchez who brought the victim to the detention facility on 19 January
Date of alleged abduction: 13 January 2007at around 2-3pm
Place of alleged abduction: Mega Market, Poblacion (downtown) Carmen, North Cotabato province
Place of detention before his release: North Cotabato Provincial Rehabilitation Center at Amas, Kidapawan City
AHRC-UA-048-2007; AHRC-UP-131-2007
At around 2-3pm on 13 January 2007, Oting Mariano was forcibly taken into a white van by four unidentified men. He was in the premises of the Mega Market in Poblacion (downtown) Carmen, waiting for public transport. Inside the vehicle, he was handcuffed, blindfolded with a piece of cloth and his mouth wrapped with packing tape. He was punched several times on his chest and back.
The van stopped after several hours of travel. Mariano’s blindfold was replaced with a rubberized material and he was brought inside a secluded room. Here Mr. Mariano was interrogated and forced to admit that he was Commander Kule Mamagong of the MILF. Mamagong had warrants of arrest dated 12 January 2007 signed by Judge Francis E. Palmones Jr. of Regional Trial Court Branch 17 of Kidapawan City Province of North Cotabato pending against him. The criminal charges were in connection to the bomb attack in October 2006 in Makilala, also in North Cotabato.
Whenever Mariano denied that he was Mamagong, they electrocuted him by mean of wires placed on the sides of his head and arms. His head was wrapped with cellophane or dipped into water and removed only when he was about to faint through suffocation. He was deprived of food for several days. He was thrown into a shallow grave and threatened that he would be killed but was later pulled out. After being subjected to illegal detention and torture for seven days, on 19 January 2007 a police officer named Senior Police Officer Sanchez took him to the North Cotabato Provincial Detention and Rehabilitation Center in Amas, Kidapawan City.
On March 14, Mariano was arraigned for the charges filed, not on his person, but of Mamagong. In open court, however, he claimed innocence and once again insisted that he was not Commander Mamagong, contrary to the claims of the police. This prompted the presiding judge to order the prosecutor to conduct a reinvestigation on the case. But for several months the prosecutor failed to submit his reinvestigation report. Only in September 20 was Mariano released from detention following the decision by the prosecutor office to dismiss the case.
