T h e L i e s o f G R P O f f i c i a l s on Extrajudicial Killings
A C o m p a r a t i v e S t u d y o f Tw e n t y - T h r e e ( 2 3 )
Cases of Extrajudicial Killings Filed Against
the GRP that the Macapagal-Arroyo Regime
Is Attributing to the NDFP
Booklet Number 9
NDFP Human Rights Monitoring Committee
M ay 2 0 0 7
The Lies of GRP Officials on Extrajudicial Killings
Contents
1.
Preface
3
2.
The JMC and its task of carrying out fact-finding investigations 5
3.
Letter of NDFP Monitoring Committee Chairman to GRP-Monitoring Committee Chairperson, September 17, 2006
9
4.
Summary of the NDFP-MC and NDFP-JS comparative study
of 23 cases of extrajudicial killings filed against the GRP that the Macapagal-Arroyo regime is attributing to the NDFP10
Photos of Expedito Albarillo, Manuela Albarillo, Ricardo Balauag, Armando Javier, Sotero Llamas, Elena Mendiola, Rev. Jemias Tinambacan, and Ricardo Uy 15
5.1 Comparative study of twenty-three (23) cases
Case 1: Aguilar, Juan Jr., killed 25 August 2002, Sorsogon Case 2: Albarillo, Expedito & Manuela Albarillo, killed 8 April 2002, Oriental Mindoro18
Case 3: Arcilla, Rommel, killed 20 November 2005, Pampanga
20
Case 4: Arinque, Nestor, killed 7 March 2006, Bohol
21
Case 5: Atento, Ernesto, killed 26 February 2003, Albay
23
Case 6: Balauag, Ricardo & Elena Mendiola, killed 10 May 2006, Isabela 25
Case 7: Castillo, Madonna, killed 20 July 2006, Isabela
27
Case 8: Dimaano, Eddie, killed 20 May 2005, Camarines Sur
29
Case 9: Espino, Renato, killed 18 February 2005, Pampanga
31
Case 10:Furog, Eugenio, killed 13 June 2004, Bohol
33
Case 11:Gatdula, Francisco, killed 24 December 2004, Mindoro Occidental
34
Case 12:Gomez, Victorina & Romeo Atienza, killed 15 December 2005, Pampanga 36
Case 13:Guevarra, Arnel Cudia Sr., killed 21 July 2006, Pampanga
38
Case 14:Javier, Armando, killed 2 October 2005, Nueva Ecija
40
Case 15:Lacsa, Luis, killed 23 February 2002, Sorsogon
41
Case 16:Llamas, Sotero, killed 29 May 2006, Albay
43
Case 17:Nardo, Manuel, killed 15 May 2006, Pampanga
46
Case 18:Nasol, Sotero, killed 14 Dec. 2002, Albay
48
Case 19:Segui, Teodoro Jr., killed 12 April 2002, Albay
49
Case 20:Sungit, Abe, killed 5 February 2005, Palawan
51
17
NDFP Human Rights Monitoring Committee
Case 21:Takadao, Albino, killed 3 February 2006, Cotabato Case 22:Tinambacan, Rev. Jemias, killed 9 May 2006, Misamis Occidental
54
Case 23:Uy, Ricardo “Ding,” killed 18 November 2005, Sorsogon City
55
Photos of Atty. Felidito Dacut, Paquito Diaz, Rev. Edison Lapuz, Hermilito Marqueza and Victor Olayvar
57
52
5.2 Tabulation of additional 5 incidents
Case 1: Dacut, Atty. Felidito, killed 14 March 2005, Leyte 58
Case 2: Diaz, Paquito, killed 6 July 2006, Leyte
59
Case 3: Lapuz, Rev. Edison & Alfredo Malinao, killed 13 May 2005, Leyte
60
Case 4: Marqueza, Hermilito, killed 20 August 2006, Surigao del Sur
61
Case 5: Olayvar, Victor,* killed 7 September 2006, Bohol
62
6.
Summary in tables
Table 1.Tabulation of selected remarks
64
Table 2.Tabulation of organizational affiliation of victims 65
7.1. Excerpts of statements of GRP President Arroyo and other GRP officials alleging that the NDFP is responsible for specific cases of political killings and/or that some of these cases are considered “solved”
66
7.2. NDFP statements on political killings and GRP allegations
68
8.
Press statement of Professor Philip Alston, Special Rapporteur of the UN Human Rights Council on extrajudicial, summary or arbitrary executions
88
9.
Verdict of the Permanent Peoples’ Tribunal Second Session on the Philippines
* A complaint form against the NDFP was received on April 30, 2007 after the study had been finished.
93
The Lies of GRP Officials on Extrajudicial Killings
1 Preface
This publication, “The Lies of GRP Officials on Extrajudicial Killings,” a study
by the NDFP Monitoring Committee
(MC) and its Joint Secretariat (JS) was
prompted by repeated public claims
by officials of the Government of the
Republic of the Philippines (GRP) imputing the blame or responsibility for
the extrajudicial killings of hundreds
of legal activists and unarmed civilians
to the New People’s Army (NPA), the
Communist Party of the Philippines
(CPP), and other revolutionary forces, constituting the national liberation
movement in the Philippines.
Amidst strong national and international condemnation, the GRP was
compelled to create the Melo commission professedly to look into these killings after its earlier creation, the policeled Task Force Usig, had utterly failed
to inspire any credibility or respect.
However, the Melo commission got the
same reception from the surviving victims, the relatives and witnesses.
Based on the facts, circumstances,
pattern, brazenness, brutality, context,
and impunity for the attacks, the NDFP
has consistently placed the responsibility for the extrajudicial killings on the
GRP in the implementation of its socalled counterinsurgency programs,
Bantay Laya I and II. These have laid
stress on suppressing and targeting the
suspected legal political structure of the
armed revolutionary movement patterned after the CIA-instigated Phoenix
program in Vietnam.
This conclusion has been validated by separate and independent international fact-finding and solidarity
missions conducted by Amnesty International and human rights advocates, churches such the World Council of Churches and the US Methodist
Church, lawyers and judges groups,
peasants’ organizations, trade unionists, and journalists associations, and
further complemented by concerns expressed by foreign governments, parliamentarians and leaders.
For the record, the NDFP has consistently adhered to and promoted human rights and international humanitarian law particularly with respect to
the protection of civilians and civilian
populations in accordance with the
Comprehensive Agreement on Respect
for Human Rights and International Humanitarian Law (CARHRIHL)
signed between the NDFP and the GRP
and international human rights and humanitarian law covenants.
This comparative study of twentythree (23) complaints of extrajudicial
killings submitted to the Joint Secretariat of the Joint Monitoring Committee (JMC) against both the GRP and the
NDFP and involving the same victims,
was made more imperative by the GRP’s
ridiculous claims that the “unexplained
killings” are part of the “purging” by
the CPP and NPA. These fantastic tales
were intricately woven running up to
the visit of Prof. Philip Alston, United
Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, in February 2007.
Upon instructions of the NDFP-MC
by authority of the NDFP Negotiating
Panel, this Study was presented and
discussed by the NDFP-JS with Prof.
Alston and his official team on February
13, 2007. It was also publicly presented by the NDFP-JS in a media briefing
cum forum on February 19, 2007. Media reports were published and an advanced copy of the Study was uploaded in the NDFP and other independent
websites. Copies were also sent to the
Royal Norwegian Government (RNG),
the Third Party Facilitator in the GRPNDFP Peace Negotiations, Amnesty International and human rights groups,
international fact-finding and solidari-
NDFP Human Rights Monitoring Committee
ty missions, people’s organizations and
institutions, and concerned individuals
and groups.
In his press statement at the end of
his visit in Manila on February 21, 2007,
Prof. Alston validated the fact that the
evidence offered by the military in support of its theory that the killings are
a result of “purges” within the CPP
and the NPA, is “especially unconvincing.” He candidly dismissed a particular document offered by the military in
support of such theory as bearing “all
the hallmarks of a fabrication and cannot be taken as evidence of anything
other than disinformation.” His press
statement is included as section 8 in
this publication.
Again, in his statement before the
United Nations Human Rights Council on March 27, 2007, Prof. Alston reiterated his findings that “there is no
reasonable doubt that the military is
responsible for a significant number of
the killings and that subsequent evidence points to the continuing nature
of that practice,” and the evidence on
the so-called purging, is “strikingly unconvincing.”
The Study was also formally presented by Mr. Luis G. Jalandoni, Chairperson of the NDFP Negotiating Panel, as amicus curiae during the public
proceedings of the Permanent People’s
Tribunal (PPT) Second Session on the
Philippines in The Hague, The Netherlands, on March 23, 2007. After careful
evaluation of evidence, the PPT found
the US-Arroyo regime guilty of crimes
against humanity. The PPT verdict is
reprinted in this publication as section
9.
The Study is being reissued with
minor rearrangement in the content,
more appendices, some available photographs of the victims, and printed in
a more readable format in the face of
the remorseless posture of the GRP in
denying its responsibility for the ex-
trajudicial killings and other atrocities
like disappearances, frustrated killings,
massacres and torture in clear violation
of the CARHRIHL and related international human rights and humanitarian
law covenants.
The meat of the publication is the
comparative matrix of 23 complaint
forms and supporting documents submitted by different entities before both
the NDFP and GRP Nominated Sections of the JS of the JMC. A cursory
examination of this matrix would disclose a wealth of insights and conclusions which are elaborated in a summary (Section 4) and tables (Section 6).
The summary would show that the
GRP complaint forms and supporting
papers, if any, are woefully lacking in
substantiation and contain sweeping
and dubious allegations that betray
lack of investigation, concern for the
victims, and much less any desire for
justice.
Included in the Study is a tabulation and evaluation of additional 5 incidents that Task Force Usig is blaming
on the NDFP that were filed before the
NDFP-JS but not with the GRP-JS at the
time of the Study.
Excerpts of statements of GRP President Arroyo and other GRP officials
alleging that the NDFP is responsible
for the 23 specific cases of political killings and/or that some of these cases
are considered “solved” and the pertinent NDFP statements on these political killings and on the GRP allegations
are included as reference materials.
“The Lies of GRP Officials on Extrajudicial Killings” assumes significance in
light of the GRP impunity in the unabated killings, disappearances, torture and
massacres of civilians. These barefaced
lies are exemplified by the cases of the
daylight summary execution on March
10, 2007 of 56-year old activist-mother
Siche Bustamante-Gandinao in Misamis Oriental who testified as a witness
T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s before Prof. Alston in the earlier killing
of her father-in-law and fellow Bayan
Muna (People First) member Dalmacio
Gandinao, as well as the horrible and
atrocious early morning shooting by a
platoon of military men of 9-year old
Grade 2 student Grecil Buya on March
31, 2007 in Compostela Valley.
In these cases, despite irrefutable
facts to the contrary, the military has
again distorted the truth and casually
blamed the killing of Gandinao on the
revolutionary movement and justified
the killing of Buya on her being an alleged child combatant.
Finally, the Study is being reprinted
to seek justice for the victims who had
been doubly victimized by their summary executions and by the false allegations of crimes imputed against them
by the GRP as alleged victims of “purging” by the CPP and NPA. The verdict
of the PPT Second Session on the Philippines is unequivocal in its judgment
of the direct culpability of the US, Gloria Macapagal-Arroyo and her cohorts
in the extrajudicial killings. Under the
CARHRIHL, the NDFP has the separate
obligation to obtain justice and indemnification for all the victims of violations of human rights and international
humanitarian law. n
2
The JMC and Its Task of
Carrying Out Fact-finding
Investigations
B y F i d e l V. A g c a o i l i
C h a i r m a n , N DF P M o n i t o r i n g
Committee
1 8 S e pt e m be r 2 0 0 6
On behalf of the Negotiating Panel
of the National Democratic Front of the
Philippines (NDFP) and its consultants
and as Chairman of the NDFP-Monitoring Committee (MC), we extend our
warmest greetings of solidarity and
appreciation to the Ecumenical Movement for Justice and Peace (EMJP) and
the Philippine Peace Center (PPC) for
the invitation to share with you the
views of the NDFP on the work of the
GRP-NDFP Joint Monitoring Committee (JMC) and the work of the NDFPMC.
It is timely that this forum, JMC’s
Task: Digging Up the Facts, is being
held just three days before the 34th anniversary of the declaration of martial
law during which many Filipinos sacrificed their lives in the struggle for national freedom and democracy against
the US-backed Marcos dictatorship. In
the course of that struggle, the Filipino people have learned to promote and
defend their human rights, especially
in the civil and political spheres.
Today, sadly, twenty years after
the downfall of the Marcos dictatorship, we are again faced with a regime
that knows no bounds in its deception
and cruelty against the people, even
surpassing Marcos’ record in the number of disappearances (185 as of 7 September 2006) and the brazenness with
which it commits extrajudicial killings
(752 as of the same date).
These seem to be the only lessons
that the US-backed Macapagal-Arroyo
regime has learned from the Marcos
dictatorship – how to instill fear on the
NDFP Human Rights Monitoring Committee
people with the use of brute force and
thereby keep itself in power. But there
are other lessons this regime will learn
in due time - that it will also go down
ignominously in history like the Marcos regime and that those found guilty
of committing human rights violations
will receive their just punishment like
Marcos.
I join all of you, especially the organizers of this forum and the human
rights victims and their families, in our
common quest to obtain justice for all
the victims of human rights violations.
Hopefully, together, we can find ways
and means to appropriately address the
horrible escalation of human rights violations in the country.
The Comprehensive Agreement
on Respect for Human Rights
and International Humanitarian
Law (CARHRIHL)
More than ten agreements have been
signed in the formal peace negotiations
between the GRP and the NDFP. On 16
March 1998, the two parties signed the
Comprehensive Agreement on Respect
for Human Rights and International
Humanitarian Law or CARHRIHL, the
first item in the substantive agenda. The
CARHRIHL came into force on 7 August 1998 upon approval by the principals of both parties.
The CARHRIHL is based on the
concrete human rights situation of the
Filipino people and embodies their aspirations for justice to all victims of
human rights violations. It ensures respect not only for the civil and political
rights but also for the social, economic
and cultural rights of the Filipino people, especially the workers, peasants
and the poor.
The CARHRIHL likewise enjoins
both the GRP and the NDFP to uphold
international humanitarian law and respect the rights of civilians and civilian
communities in the conduct of the war
or armed conflict.
The CARHRIHL also requires both
parties to separately and jointly uphold, defend and protect the democratic rights and freedoms of the people in
accordance with their respective principles and organizational capabilities.
The Joint Monitoring Committee
(JMC) and its Joint Secretariat (JS)
Part V of the CARHRIHL stipulates
that a Joint Monitoring Committee
(JMC) will be formed to monitor compliance of the Agreement by both the
GRP and the NDFP. The JMC is composed of three representatives each
from the GRP and the NDFP, with both
parties nominating two independent
observers each to sit in all meetings but
without the right to vote. The JMC is
supposed to meet every three months
or as often as necessary in the Philippines or elsewhere upon the agreement
of the JMC co-chairmen.
The CARHRIHL further stipulates
the formation of a Joint Secretariat (JS)
to be composed of an equal number of
independent nominees and contracted
staff that will be separately nominated and hired by the GRP and NDFP to
provide technical and administrative
support for the work of the JMC, specifically in carrying out information
campaigns on the CARHRIHL and the
peace talks and receiving complaints of
violations of human rights and international humanitarian law allegedly committed by either party.
The JMC was formally convened on
14 February 2004 in Oslo, Norway. The
JS was formally convened on 15 April
2004 in Intramuros, Manila, at the compound of the Catholic Bishops Conference of the Philippines (CBCP). The
offices of the JS were formally inaugurated on 4 June 2004.
Unfortunately, since it was convened, the JMC has not had the opportunity to meet to perform its task as
provided for in the CARHRIHL of carrying out joint investigations of com-
The Lies of GRP Officials on Extrajudicial Killings
plaints of alleged violations of human
rights and international humanitarian
law committed by either party. However, the JMC did hold several informal
meetings in June and July 2004 to draft
an agreement on supplemental guidelines for its work.
JMC Meetings and Joint
Investigations
Why has the JMC not met to perform its task of carrying out joint investigations of complaints of alleged violations of human rights and international
humanitarian law by the two parties?
The reason is because the GRP has
taken the position that the JMC cannot
meet while the formal talks in the peace
negotiations are suspended. The problem is, since June 2001, when the initial
composition of the JMC and the character of its joint investigation were agreed
upon, the GRP has kept suspending the
formal talks for one reason or another.
Then, in August 2005, the GRP unilaterally suspended the Joint Agreement
on Safety and Immunity Guarantees or
JASIG despite the fact that no such suspension is provided for in the JASIG.
Since then the prospects for resuming
the formal talks have grown dimmer by
the day, with the prejudicial questions
remaining unresolved and the human
rights violations escalating into horrendous proportions.
The NDFP holds the view that the
work of the JMC as provided for in the
CARHRIHL is not dependent on the
holding of the formal talks. The JMC
takes its mandate from the CARHRIHL
which remains binding and in full force
and effect on the two parties whatever
may be the situation in the formal talks.
Thus, there is no reason why the JMC
cannot meet regularly or as often as
agreed upon to discuss and plan joint
investigations on complaints of alleged
human rights and international humanitarian law violations even in the present situation where the formal talks
have practically remained indefinitely
postponed.
The exchanges on this issue between
the GRP and NDFP co-chairmen of the
JMC are fully documented in Part III of
the book, The GRP-NDFP Peace Negotiations: Major Written Agreements & Outstanding Issues issued by the NDFP-MC
and JS on 26 June 2006.
The Work of the Respective
Monitoring Committees and Secretariats
Nevertheless, despite the failure of
the JMC to meet, its work and that of
the JS continue. Since its formal opening, the JS offices have received on
behalf of their respective monitoring
committees, a total of 967 complaints
of alleged violations of the CARHRIHL (as of 18 September 2006): 850 complaints against the GRP and 117 against
the NDFP.
Under the CARHRIHL, each party
has the duty and responsibility to look
into complaints of alleged violations
of human rights and international humanitarian law filed against its forces.
In this regard, the NDFP-JS and NDFPMC have not been remiss in the performance of their tasks to receive, investigate and evaluate the complaints filed
against the NDFP.
The NDFP-nominated section in the
JS has duly received, acknowledged
and recorded in its databank such complaints. It has also made an initial examination of the complaints and has
forwarded the results of its examination to the NDFP-MC for review and
evaluation.
I wish to inform you that since 31
August 2006, the NDFP Negotiating
Panel, NDFP-MC and the NDFP-JS
Head of Secretariat and Legal Consultant have been holding consultations
here in The Netherlands to review
and evaluate the complaints of alleged
CARHRIHL violations filed against the
NDFP. We intend to come out with a
NDFP Human Rights Monitoring Committee
communiqué on the results of the consultations at the end of the meeting.
Attempts to Break the Impasse on Joint Investigations
In an attempt to break the impasse
on carrying out joint investigations of
complaints of alleged violations of human rights and international humanitarian law by the GRP, the NDFP-MC
formally proposed to the GRP-MC on
20 July 2006 the formation of an ad-hoc
joint investigating committee that will
conduct fact-finding investigations on
reported cases of enforced disappearances of unarmed civilians and suspected revolutionaries since May 2006.
This ad-hoc committee will be composed of the independent observers of
the two parties to the JMC, three nominees each from their respective JS and
representatives each from the Royal
Norwegian Government (RNG) and
the International Committee of the Red
Cross (ICRC).
Yesterday, an addendum to this
formal proposal was submitted by the
NDFP-MC to the GRP-MC. The proposal was that the ad-hoc joint investigating committee will also conduct
fact-finding investigations on the extrajudicial killings that have been falsely
and maliciously attributed by top GRP
civilian and military officials to the revolutionary movement.
These twin proposals have been
made to put pressure on the GRP to act
on the complaints of alleged violations
of human rights and international humanitarian law filed against its forces.
The GRP-MC has not made any response to the NDFP-MC proposal despite the lapse of two months and the
pressure from various national and international sources.
Our Categorical Position
We wish to remind the GRP that the
CARHRIHL also provides that the two
parties have their respective separate
duties and responsibilities to uphold,
protect and promote human rights and
international humanitarian law within
their respective political principles and
organizational capability.
To quote Part VI (Final Provisions),
Article 1 of the CARHRIHL:
The Parties shall continue to assume
separate duties and responsibilities for
upholding, protecting and promoting
human rights and the principles of international humanitarian law in accordance with their respective political
principles, organizations and circumstances until they shall have reached final resolution of the armed conflict.
The failure of the GRP to comply
with its obligations under the CARHRIHL will leave the NDFP with no other
choice but to carry out its obligations
under the CARHRIHL to obtain justice
and indemnification for all the victims
of violations of human rights and international humanitarian law.
To the human rights victims and
survivors, their families and relatives
and to all those gathered here today, allow me to end my short talk by reiterating that the NDFP stands firm by its
commitment to respect human rights
and international humanitarian law,
whether jointly within the frame of the
JMC, or separately within the frame of
our revolutionary principles.
We remain firmly committed to the
struggle for a just and lasting peace in
the Philippines. 
The Lies of GRP Officials on Extrajudicial Killings
3
Letter of NDFP Monitoring
Committee Chairman to
GRP-Monitoring Committee
Chairperson, September 17,
2006
September 17, 2006
Atty. Sedfrey Candelaria
Chairperson, GRP-Monitoring Committee
Manila, Philippines
Email: info@grpmc-jmc.org
Fax No. +63(2)7253430
Dear Atty. Candelaria:
This is in connection with my letter to you of 20 July 2006, regarding
the proposal of the NDFP-Monitoring
Committee (MC) for the Joint Monitoring Committee (JMC) to form an adhoc joint investigating committee to be
composed of the GRP and the NDFP’s
nominated independent observers to
the JMC, three members each from the
GRP and NDFP’s nominated sections
to the Joint Secretariat (JS), and a representative each from the Royal Norwegian Government (RNG) and the International Committee of the Red Cross
(ICRC), that will conduct fact-finding
investigations into cases of abductions
and enforced disappearances of unarmed activists and suspected revolutionaries since May 2006.
In this regard, we are proposing
that the same ad-hoc joint investigating committee be tasked to conduct
fact-finding investigations into the following extrajudicial killings which the
GRP from high cabinet officials to its
top military and police officials and socalled investigating bodies, has falsely
and repeatedly claimed, to have been
done by the revolutionary movement:
1. Atty. Felidito Dacut killed on 14
March 2005 in Tacloban City;
2. Rev. Edison Lapuz killed on 12 May
2005 in San Isidro, Leyte;
3. Atty. Norman Bocar killed on 1 September 2005 in Borongan, Eastern
Samar;
4. Rev. Jemias Tinambacan killed on 9
May 2006 in Barrio Mobad, Oroquieta City;
5. Elena Mendiola and Ricardo Balauag killed on 10 May 2006 in Echague, Isabela;
6. Annaliza Abanador-Gandia killed
on 18 May 2006 in Balanga, Bataan;
7. Sotero Llamas killed on 29 May 2006
in Tabaco, Albay;
8. Paquito Diaz killed on 6 July 2006 in
Tacloban City;
9. Hermie Marqueza killed on 21 August 2006 in Tandag, Surigao del
Sur; and
10.Victor Olayvar killed on 7 September 2006 in Cantubod, Danao, Bohol.
As previously proposed, the adhoc joint investigating committee shall
be presided jointly by Ms. Mercy Contreras-Danenberg, GRP-nominated independent observer, and Ms. Marie
Hilao-Enriquez, NDFP-nominated independent observer. Its budget shall
come from the funds for joint activities
of the JS set aside for the purpose by the
RNG and the results of its fact-finding
investigations shall be submitted to the
JMC for approval. The representatives
of the RNG and ICRC shall accompany the ad-hoc joint investigating committee on every fact-finding mission
to ensure its safety and objectivity and
provide guarantees for the protection
10
NDFP Human Rights Monitoring Committee
of witnesses who shall testify with the
assistance of counsel.
We hope you will find our proposal in order so the ad-hoc investigating
committee can immediately proceed
with its work.
Very truly yours,
(Signed) Fidel V. Agcaoili
Chairman, NDFP Monitoring Committee
4
S u m m a r y o f t h e N DF P - M C
a n d N DF P - J S c o m pa ra t i v e
s t u dy o f 2 3 c a s e s o f
e x t ra j u di c i a l k i l l i n g s f i l e d
against the GRP that the
M a c a pa g a l - A r r o y o R e g i m e i s
a t t r i bu t i n g t o t h e N D F P
Fe b r u a r y 1 3 , 2 0 0 7
As of today, there are 28 specific complaints of extrajudicial killings
filed against the GRP with the Joint
Secretariat (JS) of the Joint Monitoring
Committee (JMC) which top officials of
the Macapagal-Arroyo regime are publicly attributing to the NDFP. Of the 28,
23 have complaint forms subsequently filed against the NDFP by the GRP
police and/or military. The complaint
forms of these 23 cases of extrajudicial
killings filed both against the GRP and
the NDFP, involving the same incidents, are the subject of the comparative study.
Methodology
The comparative study juxtaposes
the GRP and NDFP complaint forms
against each other in alphabetical order
in each of the 23 cases of extrajudicial
killings – comparing their respective
data with respect to the following: personal circumstances of the victims; description of the incidents, if any; and,
allegations, possible motives, and evidence, if any. In matrix form, the study
presents side-by-side the data/information contained in the complaint forms
of both the GRP and NDFP as submitted to the JS of the JMC. In this manner,
the differences between the two complaint forms in each of the 23 cases of
extrajudicial killings become obvious.
At the end of the comparative matrix for each case, the NDFP-MC with
the help of the NDFP-JS, has put some
remarks to highlight the differences be-
The Lies of GRP Officials on Extrajudicial Killings
tween the complaint forms filed against
both the GRP and the NDFP on the same
incident, with due consideration to the
disparity in the resources, capabilities and situation between, on the one
hand, the human rights organizations
filing the complaint forms against the
GRP and, on the other hand, the GRP
police and/or military filing the complaint forms against the NDFP.
Given their resources and mandate, human rights organizations are
duty bound to carry out initial factual, though limited, investigation of
each incident of reported violations of
human rights, i.e., gather the basic information or facts and record or document these for submission to concerned
bodies, including the JMC, for further
investigation. On the other hand, the
GRP, as the de-facto government, with
all its resources and power and its police and other investigative and intelligence agencies, is supposed to be able
to conduct investigation of each incident in accordance with internationally
accepted standards.
For its part, the NDFP, as a belligerent force in the armed conflict, abides
by internationally accepted standards
of due process in the conduct of investigation, arrest and prosecution of suspects and in the meting out of appropriate punishment after due and fair trial
by the duly constituted people’s court.
The revolutionary movement does not
engage in extrajudicial killings. The
valid complaint forms, if any, for alleged violations of human rights filed
by the GRP with the JMC against the
NDFP, which by itself constitutes defacto recognition of the status of belligerency of the NDFP, are being studied
well by the NDFP-MC for appropriate
referral to the concerned units of the
revolutionary movement.
The NDFP has yet to file with the
JMC complaints against the GRP for vi-
olations of the Comprehensive Agreement on Respect of Human Rights
and International Humanitarian Law
(CARHRIHL) committed against members of the revolutionary forces. However, the NDFP Negotiating Panel intends to file complaints against the
GRP for the disappearances of its consultants and staff with the appropriate
international bodies such as the United
Nations Working Group on Enforced
or Involuntary Disappearances.
Findings
The comparative study shows that
the 23 complaints filed against the GRP
by human rights organizations contain material and relevant information
that can be used by concerned bodies,
including the JMC, as initial leads or
starting point in pursuing further investigations of the incidents, in order,
first, to ascertain the veracity of the
information and then to collect more
evidence towards the arrest, prosecution, trial and punishment of the perpetrators. At so much risk to the life and
well-being of their members, some of
whom have become victims themselves
like Benjaline “Beng” Hernandez and
Eden Marcellana, the human rights organizations comply with their mandate
to gather the facts and document the
basic information of reported incidents
of violations of human rights. They are
duty bound to report the truth whatever
the consequences. In some of the cases,
they have even cited eyewitnesses who
made positive identification of the alleged military and police perpetrators
by name and rank, which have invited severe retaliatory measures against
them. They have therefore no reason to
fabricate reports.
On the other hand, the 23 complaint
forms filed afterwards against the
NDFP for the same incidents arbitrarily
attribute the responsibility to the forces
11
12
NDFP Human Rights Monitoring Committee
of the CPP and/or NPA without any
credible basis, substantiation or proof.
These were filed by the Judge Advocate
General Service/JAGS of the Armed
Forces of the Philippines/AFP (15),
Philippine National Police/PNP (seven), surviving victims (two), and a relative (one). However, two of the complaint forms purportedly submitted by
one surviving victim and a relative of
the victim are unsigned, putting their
validity open to question.
Almost half of the complaint forms
against the NDFP (10) contain nothing
more than terse, bare and formulaic allegations such as “shot to death/summarily executed.” More than half (13)
have absolutely no description of incidents. Most have no supporting documents at all (18), while a total of 19
complaint forms lack sufficient data to
even qualify as valid complaints. Moreover, in 14 of the 23 complaints against
the NDFP, no motive is specified for
imputing the shootings on the revolutionary forces. In the nine others, the
motive cited is so patently false or speculative, as in the case of Sotero Llamas.
No investigations have been conducted
in 18 of the 23 cases. In the five others
with supporting documents, the investigations have not been thorough or
have been designed to fit a particularly
contrived theory.
Based on the complaint forms and
supporting documents on these 23
cases filed with both the GRP and the
NDFP, there are ample grounds to put
the burden of responsibility for the extrajudicial killings on the GRP. The responsibility is either direct through the
participation of military or paramilitary units on the basis of accounts by
eyewitnesses and strong circumstantial
evidence, or indirect through inaction,
belated or perfunctory response, lack
of investigation, inordinately delayed
GRP judicial proceedings, and even
cover-ups by GRP investigating agencies.
In 19 complaints filed against the
GRP, the presence of eyewitnesses to
the shootings is mentioned, including a
deathbed declaration by one of the victims which was reportedly recorded by
media. Given appropriate protection
and/or refuge by concerned churches
and humanitarian groups, these eyewitnesses can help identify the perpetrators, some of whom were seen either
wearing military uniforms, being accompanied by men in military uniforms
or running to nearby military camps
after the shootings. Yet these eyewitnesses have apparently not been interviewed by the GRP-created Task Force
Usig in its so-called investigations and
public claims.
In all of the 23 cases, there is strong
circumstantial evidence to identify the
military or paramilitary units as the
perpetrators. Only the GRP, its forces
and agents, with all their resources and
capability, has the strongest motive,
the best means and all the opportunity
to perpetrate the extrajudicial killings.
It must be noted that all the victims of extrajudicial killings were unarmed civilians. Most were members
of open and legal organizations active
in opposing and exposing the abuses,
corruption, electoral manipulation,
and anti-people and repressive policies of the Macapagal-Arroyo regime,
such as the party lists groups (Bayan
Muna, Anakpawis and Gabriela), people’s organizations (BAYAN, KMU,
KMP, Pamalakaya, Anakbayan, etc.),
churches (UCCP), human rights groups
(Karapatan, EMJP and PCPR), professionals (lawyers, scientists, etc.) and
independent media associations, etc.
These organizations have repeatedly
and viciously been labeled, publicly
and without proof, by GRP officials,
especially by its military and police, as
The Lies of GRP Officials on Extrajudicial Killings
so-called fronts of the Communist Party of the Philippines (CPP) and/or the
New People’s Army (NPA) and, therefore, enemies of the reactionary state.
In the 23 complaints filed against
the GRP, 17 of the victims were members of such open and legal organizations, including Llamas himself who
was also an acknowledged consultant in
the GRP-NDFP peace negotiations. The
six others were either peasants or village officials who, also without proof,
were openly tagged before their deaths
as communists or communist supporters by the military, police and/or paramilitary anti-communist groups in the
areas. Some of the victims in the 23
cases were even confirmed to be in the
military or police Order of Battle, such
as Expedito Albarillo, Rommel Arcilla,
Nestor Arinque, Teodoro Segui, Jr. and
Abe Sungit.
The organizational affiliation of
the victims and the public accusations
against them personally by GRP officials constitute tangible and prima facie
evidence of motive for the extrajudicial
killings. These are also in line with the
Macapagal-Arroyo regime’s so-called
counter-insurgency program, Oplan
Bantay Laya I and II, which specifically calls for targeting or eliminating the
so-called political infrastructure of the
revolutionary movement patterned after the CIA-instigated Operation Phoenix in Vietnam in the 1960s.
In 12 cases, the extrajudicial killings
were preceded by actual surveillance,
harassment, intimidation and threats
against the victims by the military and
paramilitary forces. These antecedent
events preceding the attacks are also incontrovertible indications of motive, as
well as opportunity and means. These
show that, before they were killed, the
victims’ movements, schedules and
frequented places were studied and
known by the military and paramilitary
forces in the area, proving the existence
of opportunity and means for the latter to set up the victims’ assassination
with stealth, superior strength and in a
planned military fashion.
The attacks generally follow a pattern which include identifying the prospective victims, conducting harassment and surveillance against them,
inviting them to military camps or visiting their homes, using vans and motorcycles without plate numbers with
the gunmen usually riding in tandem
with back-up shooters in another vehicle, concealing their identities with
bonnets and other devices, using .45
caliber or high-powered firearms such
as M-14s and M-16s, firing many shots
without restraint, and ensuring that
their victims were dead before leaving
the scene.
There is also evident premeditation
in the killings. This can be seen in the
planning and execution of the attacks,
as in the case of Victorina Gomez and
Rogelio Atienza, who were invited
to attend a so-called security conference in a military camp only to be ambushed on their way back home, or Ernesto Atento who was shot in his own
house by gunmen who pretended to be
from an electric company. Moreover,
many of the victims (21) were shot at
close range, in broad daylight, in the
presence of witnesses, some of whom
were also shot dead or wounded, and
close to or near military camps. These
circumstances clearly show impunity,
indicating that the gunmen had no fear
of being caught or prevented from carrying out their murderous objective.
The premeditated killings were invariably attended by treachery and
other aggravating circumstances as
indicated by the number and location
of the wounds of the victims, the time
and place of the attacks, the superior
strength and number of perpetrators,
13
14
NDFP Human Rights Monitoring Committee
and the cruelty, brutality, and brazenness with which they were committed
against helpless and unarmed victims.
Finally, impunity is also shown by
the fact that the complaints filed against
the NDFP contain not only bare, unsubstantiated and sweeping allegations,
but also serious flaws, glaring inconsistencies, dubious and sloppy documentation, and contrived or imaginary tales
on the alleged identity of the perpetrators from the revolutionary movement.
The obvious intention is to belittle the
extrajudicial killings and put the blame
on the victims themselves for their own
deaths. This is the height of impunity
– the blatant display of unconcern for
the victims or any desire to render justice to them, and of an arrogant attitude that the GRP and its military, police and paramilitary forces are beyond
accountability for their crimes and can
even resort to distorting the truth and
fabricating stories in order to justify
and continue with their killing spree
and put the blame on the victims.
This summary is meant to help
readers go over the Study with a keen
eye to be able to distinguish the truth
from lies, the reasonable and credible
inferences from the wild accusations
and tall tales, in the 23 cases of extrajudicial killings being attributed by GRP
officials against the NDFP. The victims’
relatives, neighbors, eyewitnesses, and
the people in the area know the truth.
They cannot be deceived by the lies of
GRP officials. As Lu Hsun, a great Chinese writer, once said: “lies written in
ink cannot erase the truth written in
blood.” 
Mar tyrs for the cause of justice and freedom
Elena Mendiola (above left) and Ricardo Balauag (above right)
NB. While every effort was exerted to obtain photographs of all the victims,
the photos on this and the following page as well as on page 57 were the
only ones available.
Mar tyrs for the cause of justice and freedom
clockwise, from top left, Rev. Jemias Tinambacan,
Armando Javier, Sotero Llamas and Ricardo “Ding” Uy
The Lies of GRP Officials on Extrajudicial Killings
5.1 Comparative Study of Twenty-Three (23) Cases
Case 1
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Aguilar, Juan Jr., 46 yrs. old
peasant
25 August 2002; 7:00 p.m.
Brgy. La Union, Castilla, Sorsogon
wife and 9 children
Complaint Against GRP
Complaint Against NDFP
Form Number
G-329
S1428
Date Filed
31 March 2005
8 November 2006
Filer
KARAPATAN and EMJP
South Luzon Command (SOLCOM)/
Maj. Agustin G. Matavia, JAGS,
Legal Officer
Supporting
Documents
1. KARAPATAN Sorsogon Factsheet
2. Sworn Statement of victim’s wife,
Emelita Aguilar, dated 14 March
2003
3. PNP Sorsogon Certification of
Police Blotter dated 6 February
2003
4. Death Certificate of Juan Aguilar
dated 26 August 2002
5. Handwritten Affidavit of Brgy.
Captain Joel Zepeda dated 7
November 2002
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
On 28 March 2002, the house of
the Aguilars was fired upon by
unidentified men. Fearing for his
life, Aguilar went to Manila to look
for work and stayed there until July,
then he went back home. According
to his wife, two weeks after his
return, military men went to his house
and forced him to join a military
operation. They also tried to recruit
him to join the CAFGU but he refused.
7 NPA-CTs shot to death civilian
Aguilar
On 25 August 2002, around 7:00
p.m., gunshots were heard near the
La Union Elementary School close to
their residence. That night Aguilar
did not arrive home and his body
was found the following morning with
gunshot wounds.
Remarks
The allegation of facts in the above
summary corroborates each other
on material points and can easily be
verified by an impartial investigation.
The allegation is sweeping and
unsubstantiated. Apparently, neither
an investigation of the incident nor
interview of witnesses such as the
victim’s wife was conducted by the
police. The allegation lacks sufficient
data, has no description of incident,
specifies no motive, and is speculative
on suspects.
17
18
NDFP Human Rights Monitoring Committee
Case 2
Profile of Victim(s)
Name:
Affiliation/Occupation:
Name:
Affiliation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Albarillo, Expedito, 48 yrs. old
KASAMA-Mindoro Oriental, Bayan Muna Municipal
Coordinator and Brgy. Councilor
Albarillo, Manuela, 45 yrs. old
Bayan Muna, leader of a local women’s organization
8 April 2002; 6:00 a.m.
Sitio Ibuyi, Brgy. Calsapa, Oriental Mindoro
8 children
Complaint against GRP
Complaint against NDFP
Form Number
G-078
S1064
Date Filed
1 July 2004
8 November 2006
Filer
KARAPATAN-Southern Tagalog
SOLCOM/ Maj. Agustin G. Matavia,
JAGS, Legal Officer
Support Documents
KARAPATAN-Mindoro Oriental
Factsheet
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Spouses Expedito and Manuela
Albarillo were forcibly taken at
dawn from their house and summarily
executed a few moments later by
8 unidentified armed men despite
pleading for their lives. Some of the
8 armed men were in full military
uniform while the others wore black
clothing with their faces covered
by bonnets. They also threatened
and prevented the neighbors of the
victims from providing aid to the
spouses.
8 NPA-CTs shot to death Albarillo
spouses. Expedito was a former
active CT member and a suspect in
the killing of Mayor Aldaba of San
Teodoro, Mindoro Oriental.
The victims’ bodies were found a few
meters from their house. Expedito
bore 9 wounds including 8 from
gunshots, 3 of which came from
behind. One of his eyes was gouged
and his skull broken, while Manuela
had 2 gunshot wounds and her neck
was shattered.
The relatives of the spouses
immediately sought the help of the
police who came with a group of
soldiers. The soldiers merely surveyed
the spent shells. Most were seen
scoffing at the victims.
A month prior to the incident,
Expedito was summoned by the
military to report to their camp
purportedly to clear his name. He
was also required to submit his
picture. At the time, a soldier was
overheard boasting that those in
their order of battle would be killed
– referring specifically to Expedito
– if they cannot be suppressed.
The Lies of GRP Officials on Extrajudicial Killings
Remarks
Complaint against GRP
Complaint against NDFP
The summary of incident contains
sufficient information that can be
used as starting point for conducting
an impartial investigation into
the incident and help verify the
allegation.
This self-contradictory allegation
is sweeping and unsubstantiated.
It jumps from accusing Expedito
of alleged membership in the
revolutionary movement and
alleged involvement in the killing
of a mayor, to concluding that
Espedito and Manuela were killed
by the revolutionary movement! It
fails to take into account the fact
that the two were active members
of legal democratic organizations
vilified by the AFP as fronts of the
CPP-NPA. Apparently, neither an
investigation of the incident nor
interview of witnesses, including the
children and neighbors of the victims,
was conducted by the police. The
allegation lacks sufficient data, has
no description of incident, specifies no
motive, and is speculative on suspects.
Note: The couple’s youngest daughter,
aged 8 years old, vividly witnessed the
forcible abduction of her parents and
heard the subsequent gunshots.
Note: Two complaint forms were filed
for a single incident.
19
20
NDFP Human Rights Monitoring Committee
Case 3
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Arcilla, Rommel, 40 yrs. old
former Bayan member
20 November 2005; 7:00 a.m
Brgy. Mabical, Floridablanca, Pampanga
wife and 2 children
Complaint against GRP
Complaint against NDFP
Form Number
G-849
S892
Date Filed
18 August 2006
8 November 2006
Filer
KARAPATAN-Central Luzon
Northern Luzon Command
(NOLCOM)/ Maj. Agustin G.
Matavia, JAGS, Legal Officer
Supporting
Documents
KARAPATAN-Central Luzon Factsheet
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Arcilla, an employee of an electric
cooperative, together with his wife
and 2 children were on board
their owner-type jeep, when they
were cut-off by 2 unidentified men
riding a motorcycle backed up by
a jeep. One of the men shot Arcilla
who suffered 7 gunshot wounds in
different parts of his body leading to
his death.
2 NPA-CTs shot to death Arcilla
due to misunderstanding regarding
financial matters. Arcilla was labeled
as the head of the provincial finance/
logistic department of the Pampanga
PCOM.
According to his wife, Arcilla was
included in the list of the Order of
Battle of then Maj. Jovito Palparan
when he was assigned in Central
Luzon in the late 80’s.
Remarks
The summary of incident contains
sufficient information that can be
used as starting point for conducting
an impartial investigation into
the incident and help verify the
allegation.
Note: At the time of the incident,
Palparan, already a Maj. Gen., was
the head of the army’s regional 7th ID
operating in Central Luzon.
The allegation of motive and Arcilla’s
alleged position in the CPP is
unsubstantiated. Apparently, neither
an investigation of the incident nor
an interview of witnesses such as the
victim’s wife was conducted by the
police. The allegation lacks sufficient
data, has no description of incident,
and is speculative on motive and
suspects.
Allegation(s) of GRP officials
As reported in Phil. Star and Business World, 15 September 2006, AFP CoS General Hermogenes
Esperon, in his testimony before the Melo Commission on 14 September 2006, said that: Arcilla was the
finance officer of the CPP Pampanga Party Committee. He was a victim of “internal purging by the NPA
to cleanse their ranks of counterrevolutionaries and spies”.
Remarks: Arcilla used to be a member of Bayan, not of the CPP. At the time of the incident, he was not even
a member of Bayan. Moreover, it is a known fact that since its educational rectification campaign in 1992,
the CPP-NPA has condemned as a crime against the people the so-called anti-deep penetration agents
(DPA) campaigns conducted by specific individuals who were then with the revolutionary movement but are
now with the GRP. Such tragic lessons have taught the revolutionary movement well as can be seen in its
persistence in working for the signing and approval of the Comprehensive Agreement on Respect for Human
Rights and International Humanitarian Law (CARHRIHL).
The Lies of GRP Officials on Extrajudicial Killings
Case 4
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Arinque, Nestor, 39 yrs. old
Chairman-HUMABI-HUMABOL –KMP;
former church council chairman of the UCCP.
7 March 2006; 12:00 n.n.
Provincial Rd., Purok 1, Abaca, Mabini, Bohol
wife & 5 children
Complaint against GRP
Complaint against NDFP
Form Number
G-602
S231
Date Filed
10 April 2006
8 November 2006
Filer
EMJP
Central Command (CENTCOM)/ Maj.
Agustin G. Matavia, JAGS, Legal
Officer
Supporting
Documents
1. Urgent Action dated 14 March
2006
2. AHRC Urgent Action dated 22
March 2006
3. KARAPATAN Bohol Investigative
Mission report dated 15 March 2006
with the following annexes:
a. Affidavit of wife, Josefina Arinque,
dated 20 March 2006;
b. Factsheet dated 10 March 2006;
c. KARAPATAN Bohol Press Statement
dated 13 March 2006;
d. Death Certificate of Arinque dated
23 March 2006;
e. pictures of Arinque
f. news clippings; and
g. email FFM report dated 15 March
2006
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Arinque was gunned down by 3
unidentified motorcycle-riding men
(the driver was wearing a bonnet)
while he was bringing home someone
on board his motorcycle. Aringue
suffered 11 gunshot wounds all over
his body from a .45 caliber pistol.
Arinque, a communist terrorist
member was shot to death by the CTs.
Immediately before he was shot,
Arinque was waiting for his wife
at a store whose owner was with a
CAFGU member at that time.
According to his wife, he was visited
a few days before the incident
by 15th IB soldiers and CAFGU
members in his house. She also said
that her husband was accused by the
military as a “kumander sa legal”
(commander in the legal) to implicate
him as an NPA. He was also invited to
their detachment for interrogation but
he firmly refused.
f a CAFGU who was allegedly killed
by the NPA on the same day that
Arinque was shot.
21
22
NDFP Human Rights Monitoring Committee
Complaint against GRP
Complaint against NDFP
There were also times when Arinque
debated with the military on his
activities, principles, and involvement
with peasant causes.
These apparently provoked the
military to include Arinque in their
Order of Battle. Arinque was
reportedly one of 3 leaders, the
other 2 being Rev. Dodo Valiente
of the United Church of Christ in the
Philippines and HUMABOL Chairman
Willy Boybanting, who were
threatened by the relatives o
Remarks
The summary of incident contains
sufficient information that can be
used as starting point for conducting
an impartial investigation into
the incident and help verify the
allegation.
This self-contradictory allegation
is sweeping and unsubstantiated.
Apparently, neither an investigation
of the incident nor interview of
witnesses such as the victim’s wife and
Arinque’s companion at the time of
the shooting was conducted by the
police. The allegation lacks sufficient
data, has no description of incident,
specifies no motive, and is speculative
on suspects.
Allegation(s) of GRP officials
As reported in Phil. Star and Business World, 15 September 2006, AFP CoS General Hermogenes
Esperon in his testimony before the Melo Commission on 14 September 2006, said that: Arinque was a
member of front 4 Central Visayas Regional Party Committee. He was a victim of “internal purging by
the NPA to cleanse their ranks of counterrevolutionaries and spies”.
Remarks: Arinque was an active lay leader of the United Church of Christ of the Philippines (UCCP) and
chairman of a peasant organization affiliated with KMP which the AFP calls a so-called front of the CPP
without proof and substantiation. Without providing proof, Esperon jumps from accusing a lay religious
leader of being a member of Front 4 of the Central Visayas Regional Party Committee to being a victim of
so-called internal purging! He completely disregards the harassments done by the military against Arinque.
Only the AFP has the motive, the means and the impunity to kill Arinque for his activism.
The Lies of GRP Officials on Extrajudicial Killings
Case 5
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heir:
Atento, Ernesto, 52 yrs. old
Brgy. Captain
26 February 2003; 1:30 p.m.
Sitio Pulot Taysan, Legaspi City, Albay
wife
Complaint against GRP
Complaint Against NDFP
Form Number
G-592
S1368
Date Filed
10 April 2006
8 November 2006
Filer
KARAPATAN Albay
SOLCOM/ Maj. Agustin G. Matavia,
JAGS, Legal Officer
Supporting
Documents
1. Factsheet dated 12 March 2003
2. PNP Legaspi City Certification of
Police Blotter dated 11 March 2003.
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Atento was inside his house with
his wife and 2 nephews when 2
unidentified armed men on board a
motorcycle without a plate number
arrived. One of the men had his
face covered while the other wore a
helmet.
Atento was summarily executed by 3
NPA CTs.
The 2 men, posing as agents of a
private company, suddenly shot the
victim with a .45 caliber in front
of his wife and nephews while he
was reading a paper given by the
assailants.
A few days earlier, Atento disclosed
to a member of the PNP Legaspi that
the military was picking on him. He
was advised to go to a military camp
to clear his name.
Two days before the incident, the
victim’s house was under surveillance
by unidentified motorcycle-riding
men, one of whom was helmeted.
The day before he was shot,
members of Kusog Kontra Komunismo
(KKK or Fight Against Communism)
held a rally in Albay and one of the
speakers tagged Atento as an NPA
supporter. His sister said he received
a death threat which could have
come from the military. The threat
came after the deaths of a military
and CAFGU in the barangay in an
encounter with the NPA.
23
24
NDFP Human Rights Monitoring Committee
Remarks
Complaint against GRP
Complaint Against NDFP
The summary of incident contains
sufficient information that can be
used as starting point for conducting
an impartial investigation into
the incident and help verify the
allegation.
This is a sweeping and
unsubstantiated allegation.
Apparently, neither an investigation
of the incident nor interview of
witnesses such as the victim’s wife,
sister and nephews was conducted
by the police. The allegation lacks
sufficient data, has no description of
the incident, and is speculative on
motive and suspects.
Allegation(s) of GRP officials
As reported in Phil. Star on 15 September 2006, AFP CoS General Hermogenes Esperon in his testimony
before the Melo Commission on 14 September 2006, said that: Atento was a victim of “internal purging
by the NPA to cleanse their ranks of counterrevolutionaries and spies”.
Remarks: Atento was an elected barangay official of the GRP. He was not an NPA fighter. Without providing
any proof, Esperon jumps from accusing a GRP elected barangay official of being an NPA to being a victim
of an alleged internal purging! Apparently, Esperon is more interested in “solving a case” and making
propaganda than in seeking the truth in the death of Atento who had been publicly accused by an anticommunist group of being an NPA supporter.
T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 2 5
Case 6
Profile of Victims
Name:
Affiliation/Occupation:
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Balauag, Ricardo, 61 yrs. old
BAYAN Muna Municipal Coordinator, Echague
Mendiola, Elena, 54 yrs. old
Bayan Muna Regional Coordinator, Isabela Chapter
10 May 2006; 8:30 p.m.
Garet Sur, Echague, Isabela
3 children
Complaint against GRP
Complaint against NDFP
Form Number
G-885
S1578
Date Filed
25 September 2006
23 January 2007
Filer
KARAPATAN
Police Chief Inspector Vicente D.
Valdez Jr., Chief of Police, Echague
Police Station
Supporting
Documents
Urgent Action dated 13 May 2006
1. Criminal Complaint for Double
Murder against Busania and Corpuz
dated 25 May 2006
2. Sworn Statement of Bayani
Villanueva dated 25 May 2006.
3. Supplementary Statement of
Villanueva dated 1 June 2006
4. Affidavit of John Elep dated 13
June 2006.
5. Death Certificate of Mendiola
dated 11 May 2006.
6. Death Certificate of Balauag
dated 11 May 2006.
7. Necropsy Report of Elena
Mendiola dated 11 May 2006
8. Necropsy Report of Ricardo
Balauag dated 11 May 2006
9. Request for Crime Laboratory
(Ballistic) Examination dated 15 May
2006
Summary of
Incident/Allegation
in Complaint Form
Balauag and Mendiola were shot
to death one after the other by 2
armed men wearing bonnets and
long-sleeved shirts as they were
about to leave the house of their
farmer friends. Mendiola’s two
grandchildren were inside a car
parked outside the house when the
incident happened. There was a
brownout at the time.
Victims were shot several times by 2
unidentified men wearing full face
bonnets and black sweatshirts who
suddenly emerged from the darkness
armed with M-16 and M-14 rifles.
One of the farmer friends
immediately called up Mendiola’s
daughter who went to the police to
ask for help but it was only at 12:00
midnight when the police arrived.
Mendiola sustained 14 gunshot
wounds in different parts of her body
and Balauag sustained 2 gunshot
wounds on his right side.
26
NDFP Human Rights Monitoring Committee
Complaint against GRP
Complaint against NDFP
Two months before the incident, 2
motorcycle-riding men reportedly
shot at Mendiola 3 times with a .45
caliber pistol while she was in front of
her house.
Remarks
The summary of incident contains
sufficient information that can be
used as starting point for conducting
an impartial investigation into
the incident and help verify the
allegation.
In their investigation, the police failed
to get the important testimonies of
the victims’ companions at the time of
incident. Instead, they relied on two
so-called voluntary witnesses who
came forward much later and whose
testimonies contain glaring material
discrepancies.
One witness, Villanueva, said in his
first statement that the gunmen were
unidentified. This was filed together
with the criminal complaint naming
Busania and Corpuz as the accused.
However, in a second statement he
contradicted himself and claimed
that, though there was a brownout in
the place, he saw the gunmen’s faces
as they removed their bonnets while
fleeing from the scene. He identified
them as Busania and Corpuz whom
he claimed he had met before. He
also claimed to have been told by
Balauag of threats by Busania and
Corpuz against him and Mendiola for
alleged malversation of funds. This
hearsay testimony had been allowed
to stand.
On the other hand, the other witness,
Elep, came forward much later with
uncorroborated claims against the
victims!
Allegation(s) of GRP officials
According to PNP News Release of 31 May 2006, PNP Regional Office Director C/Supt. Jefferson
Soriano said that suspects Renato Busania and Timoteo Corpus of the Southern Isabela Front of the
CPP/NPA Cagayan Valley Regional Committee were charged before the Provincial Prosecutor in Isabela
for the death of Balauag and Mendiola. The motive is the reported “malversation and mishandling of
committee funds” The couple was also accused of “anomalous transactions such as the collection of huge
amounts from peasant farmers” which they failed to justify.
Remarks: The PNP news release was apparently based on the criminal complaint filed by TF Usig without the
testimonies of the actual witnesses to the incident.
The Lies of GRP Officials on Extrajudicial Killings
Case 7
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heir:
Castillo, Madonna, 32 yrs. old
Anakpawis-Isabela Secretary General,
Danggayan Dagiti Mannalon Iti Isabela– KMP-Isabela
Chapter
20 July 2006; on or about 8:00 a.m.
in front of Isabela State University, Echague, Isabela.
4 year old son
Complaint against GRP
Complaint against NDFP
Form Number
G-875
S1577
Date Filed
2 October 2006
23 January 2007
Filer
KARAPATAN
Police Chief Inspector Vicente D.
Valdez Jr., Chief of Police, Echague
Police Station
Supporting
Documents
News article of Pesante-USA dated
20 July 2006
1. Criminal Complaint for murder
against Armando Inong aka Justin/
Rio dated 22 August 2006
2. Sworn statement of Maricris
Valdez dated 20 July 2006
3. Supplemental statement of
Maricris Valdez dated 22 August
2006
4. Joint Affidavit of SPO1 Mario
Discipulo & SPO1 Florencio Cadauan
dated 22 August 2006.
5. Request for Laboratory
Examination dated 20 July 2006.
6. Cartographic sketch of unidentified
suspect given by Maricris Valdez and
Maribel Nartates.
Summary of
Incident/Allegation
in Complaint Form
Castillo was shot several times in front
of the Isabela State University in the
presence of her 4 year old son and
of her female companion. She was
rushed to the hospital where she died
6:30 p.m. of the same day (nearly
12 hours after the incident) due to
3 gunshot wounds. Before she died
in the hospital, Castillo was able to
identify her assailants to the media
who taped her statement that those
who shot her were “from the 502nd
Infantry Brigade of the Philippine
Army”.
“On or about 7:00 in the morning
of July 20, 2006, while the victim,
together with her classmate Maricris
Valdez y Vervo, was in front of
Gabuat Cellphone Center, ISU
Junction, San Fabian, Echague,
Isabela and about to cross the road,
she was shot several times with the
used (sic) of .45 caliber pistol by
the backrider of two (2) unidentified
male persons riding in tandem in a
Honda XRM color black motorcycle
without plate number that cause (sic)
her instantaneous death.”
The victim was vocal in the
condemnation of the military for
human rights abuses, graft and other
excesses. She publicly criticized the
military for the killing of activists,
particularly of Elena Mendiola, her
predecessor as one of the women
leaders of the progressive party list
groups.
27
28
NDFP Human Rights Monitoring Committee
Remarks
Complaint against GRP
Complaint against NDFP
The news report mentions the death
bed declaration of the victim before
she succumbed from her wounds,
identifying her assailants before
media practitioners who got her
statement on tape. This can easily be
verified by an impartial investigation
of the incident.
The complaint has no allegation
of motive and is speculative on
suspect/s. On the basis of an
alleged cartographic sketch from the
testimonies of two witnesses – with
the main witness Valdez initially
claiming that she could not identify
the suspect/s – the police had filed
charges against an alleged NPA
member who is in the AFP’s Order of
Battle.
Without taking into account the death
bed declaration of the victim that her
assailants were members of the 502nd
Infantry Brigade of the Philippine
Army, the police had closed the
investigation.
In this regard, the fact that Castillo
was a leading activist in one of the
progressive party lists groups vilified
by the military as a front of the
CPP-NPA should have been taken into
account in the investigation.
Allegation(s) of GRP officials
As reported in Malaya on 21 September 2006, Task Force Usig Commander PNP Deputy Director Gen.
Avelino Razon Jr. said that Armando Inong and another person were charged on 14 August 2006 for the
death of Castillo. Investigation is considered closed.
Remarks: Like Gen. Esperon, PNP Gen. Razon made the incredible conclusion that a leader of a progressive
party list group had been shot allegedly by the NPA for unknown reasons. Apparently, Razon’s Task Force
Usig did not pursue the lead provided by the victim herself on the identities of her assailants.
The Lies of GRP Officials on Extrajudicial Killings
Case 8
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Dimaano, Eddie, 47 yrs. old
BAYAN Muna Pamplona Chapter Coordinator,
Hacienda Paje Farmers Association-KMP
20 May 2005; on or about 7:00 p.m.
Zone 6, Tambo, Pamplona, Camarines Sur
wife and 8 children
Complaint against GRP
Complaint against NDFP
Form Number
G-528
S1624
Date Filed
8 February 2006
23 January 2007
Filer
EMJP Bicol
PI Danilo C. Bagacina-OIC Sagmay
Municipal Police Station, Sagmay,
Camarines Sur.
Supporting
Documents
KARAPATAN Camarines Sur Fact
Sheet
1. Certification of Police Blotter
dated 21 October 2006
2. Memorandum on Police
Investigation Report dated 24 May
2005
3. Criminal Complaint for Murder
against Salvador Bulalacao dated
11 September 2006
4. Affidavit of Fernando Renosa
dated 12 September 2006
Summary of
Incident/Allegation
in Complaint Form
Dimaano was shot and killed by 4
unidentified men wearing bonnets,
black pants and armed with M-16
rifles after they forcibly entered his
house. Dimaano’s wife who was in
the house at that time but managed
to hide immediately reported the
incident to barangay officials who
informed the police. The victim bore
4 gunshot wounds. Seven empty shells
were recovered from the scene of the
crime.
“On or about 8:30 pm, 20 May
2005, team lead by SPO2 Manuel
Orjalo Medina PNP member this
station responded on a reported
shooting incident that occurred
at Zone 5, Barangay Tambo, this
Municipality and upon returning
they reported that the person of
one Leonides Dimaano y Novelo, 47
years old, married, resident of same
place had been shot. Victim suffered
multiple gunshot wounds to the
different parts of his body and seven
(7) empty shells of Cal M16 rifle
were recovered at the crime scene by
responding policemen of this station.
Suspects were unidentified and fled
afterwards to unknown direction.”
One hour after the police arrived, at
around 10:00 p.m., it was reported
that 4 unidentified men wearing
bonnets and bearing long firearms
were seen running from the vicinity of
Dimaano’s house. One of them was
heard shouting, “ang nakita ay nakita
na lang (just keep to yourselves what
you have seen)”.
For two consecutive nights before the
incident, it was observed that dogs
kept barking during the night, and
the following morning, shoe marks
were seen 10 meters from Dimaano’s
house.
29
30
NDFP Human Rights Monitoring Committee
Complaint against GRP
Complaint against NDFP
Six months before the incident,
Dimaano’s house was surrounded
and he was harassed by military men
and CAFGUs including one who was
in the employ of the landlord that
Dimaano’s peasant organization was
engaged with in a land dispute. The
peasant organization has likewise
experienced series of harassments
from the military and CAFGU.
Dimaano was labeled by the military
as an NPA supporter.
Remarks
The summary of incident contains
sufficient information that can be
used as starting point for conducting
an impartial investigation into
the incident and help verify the
allegation.
The entire case of the AFP is based
on the testimony of an alleged
witness who came forward a year
and four months after the incident.
The witness, Renosa, claimed that he
met three people coming from the
scene of the incident who purportedly
volunteered to tell him that they were
alleged members of the NPA under
a certain Salvador Bulalacao who
ordered them to kill Dimaano for
alleged offenses against the people.
The alleged witness issued his
statement a day after the case was
filed before a GRP court.
Apparently, the testimonies of other
witnesses, especially of the victim’s
wife, were not taken. Also not taken
into account were the incidents of
harassment by the military and
CAFGU against the victim and his
organization.
Allegation(s) of GRP officials
As reported in Malaya on 21 September 2006, Task Force Usig’s Gen. Razon Jr. said that communist
rebel Salvador Bulalacao and two others were charged before a Bicol Court on 6 September 2006 for
the death of Dimaano.
Also, as reported in Manila Times on 4 October 2006 and GMA News TV on 5 October 2006, PNP
Chief Gen. Calderon in his letter informing the President submitted a list of cases reportedly solved by
Task Force Usig, stating that Dimaano was “murdered by members of the NPA”.
Remarks: Again, like Gen. Esperon, Gen. Calderon of Task Force Usig makes the incredible assertion that
a leader of a progressive party list group specifically branded by the military as an NPA supporter, had
been shot allegedly by the NPA for alleged offenses against the people. Calderon and his Task Force Usig
did not even look into the allegation of land dispute between a certain landlord and Dimaano’s peasant
organization nor at the fact that armed men were seen leaving the scene an hour after the police had
arrived to investigate the incident.
The Lies of GRP Officials on Extrajudicial Killings
Case 9
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Espino, Renato, 35 yrs. old
Lakeshore Coordinator and Timekeeper
18 February 2005; 8:30 a.m
Lakeshore, Brgy. Nueva Victoria (Brgy. Sebetana),
Mexico, Pampanga
wife and 3 children
Complaint against GRP
Complaint NDFP
Form Number
G-839
S877
Date Filed
18 August 2006
8 November 2006
Filer
KARAPATAN-Central Luzon
NOLCOM/ Maj. Agustin G. Matavia,
JAGS, Legal Officer
Supporting
Documents
KARAPATAN-Central Luzon Fact sheet
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Espino was repeatedly shot and
killed by 4 unidentified men wearing
bonnets, armed with M-16 rifles and
.45 caliber pistols, and riding a white
L-300 van with tinted side windows.
Witnesses reported that Espino fell
from his bicycle when he was first
shot from behind. He was repeatedly
shot afterwards in the body while
crawling and finally in the head
after 2 of the 4 men alighted from
the van. They reportedly also took
Espino’s belt bag which contained
work-related documents and receipts.
The victim’s body bore 15 gunshot
wounds.
“Mr. Renato Espino @ Normer,
head, SYP Central Mexico, KLG
Southern Pampanga was shot to
death, summarily executed by two (2)
NPA-CTs in Brgy. Panpuan, Mexico,
Pampanga on 18 Feb. 2005.”
According to Espino’s co-workers,
around 6:00 a.m. that day, the same
white van was seen cruising in their
place of work, entering and exiting
through the same gate, as if looking
for someone. They also reported that
prior to the incident, military men
have inquired about Espino on at
least 2 occasions and have warned
them not to cover their faces so that
they could recognize them.
Two months earlier, a man
purportedly identifying himself to be
an NPA, talked with Espino’s family
and told them “may mga military na
pala dito bakit hindi ninyo sinasabi
sa pamunuan ng NPA (why did you
not inform the NPA leadership that
there are already military men
present in the area)”.
31
32
NDFP Human Rights Monitoring Committee
Complaint against GRP
Complaint NDFP
Several days later, the same man was
seen in the company of military men
during their operations. There was
no let-up in this deception and in the
reported surveillance conducted by
the military men.
Soldiers were seen in prone position
at the back of Espino’s house
and when asked the reason for
their being there, they responded
“hinahanap naming ang nakatira
ditong NPA (we are looking for the
NPA who resides here)”.
Four months before the incident, a
military detachment of the Philippine
Army’s 69th Infantry Battalion was
established in Espino’s barangay. This
same detachment was relocated to
Espino’s workplace 1 month before
the incident.
Remarks
The summary of incident contains
sufficient information that can be
used as starting point for conducting
an impartial investigation into
the incident and help verify the
allegation.
This self-contradictory allegation
is sweeping and unsubstantiated.
Apparently, neither an investigation
of the incident nor interview of
witnesses such as the workers in
the Lakeshore industrial complex
was conducted by the police. The
allegation lacks sufficient data and is
speculative on motive and suspects.
Allegation(s) by GRP officials
As reported in Phil. Star and Business World on 15 September 2006, AFP CoS General Hermogenes
Esperon, in his testimony before the Melo Commission, on 14 September 2006, said that Espino alias
Nomer, was the team leader of the Sandatahang Yunit Pampropaganda Central Mexico, Kilusang
Larangang Gerilya Southern Pampanga. He was a victim of “internal purging by the NPA to cleanse
their ranks of counterrevolutionaries and spies”.
Remarks: Espino had been an employee for two years of an industrial complex in Pampanga as coordinator
and timekeeper. He was not an NPA. As confirmed by his co-workers, he was being stalked by the military,
asking for his whereabouts and even pretending to be NPA in visiting his house. Yet, Gen. Esperon chose to
jump from accusing an ordinary worker of being an NPA to being a victim of an alleged internal purging.
Moreover, the manner of Espino’s death is contrary to revolutionary principles and tactics and is more in
keeping with the brutality of military/police death squads.
The Lies of GRP Officials on Extrajudicial Killings
Case 10
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident
Surviving Heirs:
Furog, Eugenio, 42 yrs. old
Public Relations Officer, Talibon Trinidad Integrated
Farmers Association, Brgy. Chapter of HIMAMATHUMABOL-KMP
13 June 2004; on or about 8:00 p.m.
San Roque, Talibon, Bohol
wife and 2 children
Complaint against GRP
Complaint against NDFP
Form Number
G-188
S37/N-037
Date Filed
6 October 2004
10 January 2006
Filer
KARAPATAN
PCI Jacinto Cezar, Bohol PPO
Supporting
Documents
1. KARAPATAN Central Visayas
Factsheet
2. Affidavit of wife Eufemia Furog
dated June 2004
3. Affidavit of TITFA-HIMAMATHUMABOL President Patrocinio
Fuentes dated June 2004
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Within the same day and
approximately 11 hours after
Furog and a male companion left
the former’s house, news about his
dead body being found reached
Furog’s wife. His body bore 4 gunshot
wounds.
“Victim suspected of being a police/
military informant was gunned down
by members of the NPA liquidation
squad operating in the area.”
According to the male companion,
around 5:00 a.m. of the following
day, when he was on his way to the
funeral parlor, the PNP Talibon chief
intelligence officer stopped him and
told him, among other things “ayaw
nalang mo pangita og kinsa kay mga
military ang nagpatay ni Eugenio
(don’t inquire as to who killed
Eugenio because it is the military who
killed him)”.
Remarks
The summary of incident contains a
significant lead that can be pursued
to determine the truth about Furog’s
death. A witness can attest to being
told in a veiled threat of the identity
of the perpetrators.
This is a sweeping and
unsubstantiated allegation.
Apparently, neither an investigation
of the incident nor interview of
witnesses such as the victim’s
companion and his wife was
conducted by the police. The
allegation lacks sufficient data, has
no description of incident, and is
speculative on motive and suspects.
33
34
NDFP Human Rights Monitoring Committee
Case 11
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Gatdula, Francisco, 55 yrs. old
Municipal Councilor, ANAKPAWIS Partylist supporter
24 December 2004; 8:00-9:00 p.m.
Brgy. Poblacion 1, Sta. Cruz, Mindoro Occidental
wife and 7 children
Complaint against GRP
Complaint against NDFP
Form Number
G- 870
S358
Date Filed
2 October 2006
8 Nov 2006
Filer
KARAPATAN
SOLCOM/ Maj. Agustin G. Matavia,
JAGS, Legal Officer
Supporting
Documents
1. Urgent Action dated 6 January
2005
2. Bayan Muna Press Release dated
31 December 2004
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Gatdula was shot and killed by 3
unidentified motorcycle-riding men on
his way to church to attend mass. His
body bore 3 gunshot wounds.
“Shot to death/summarily executed”
Before his death, Gatdula, a district
councilor, has initiated and led the
opposition on the recruitment of
CAFGUs in their province. He was a
human rights advocate who, three
months before the incident, helped
a torture victim and his family leave
the area.
According to the municipal mayor,
Gatdula was the 5th victim of killings
by unidentified men in the year
2004. He said that the “series of
killings (in the municipality) is the
desperate act of those who seek to
silence activism for the people”.
Remarks
The summary of incident contains
sufficient information that can be
used as starting point for conducting
an impartial investigation into
the incident and help verify the
allegation.
This is a sweeping and
unsubstantiated allegation. It does
not even say who allegedly shot
the victim. Apparently, neither an
investigation of the incident nor
interview of witnesses such as
churchgoers was conducted by the
police. The complaint lacks sufficient
data, has no description of incident,
and specifies no motive and suspects.
Allegation(s) of GRP officials
As reported in Phil. Star and Business World, 15 September 2006, AFP CoS General Hermogenes
Esperon, in his testimony before the Melo Commission, on 14 September 2006, said that Gatdula, a
Sangguniang Bayan member was a victim of “internal purging by the NPA to cleanse their ranks of
counterrevolutionaries and spies”.
T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 3 5
Remarks: Gatdula was an elected GRP municipal official. He was neither a member of the NPA nor of the
revolutionary movement. But he was known to be a human rights advocate, having at one time helped a
torture victim and his family in escaping from the military in his area. Without providing proof, Gen. Esperon
jumps from accusing an elected GRP municipal official of being an NPA to being a victim of an alleged
internal purging!
36
NDFP Human Rights Monitoring Committee
Case 12
Profile of Victims
Name:
Affiliation/Occupation:
Surviving Heir:
Name:
Affiliation/Occupation:
Surviving Heir:
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Gomez, Victorina, 63 yrs. old
Bayan Muna member and Brgy. Captain
Information not available
Atienza, Romeo, 45 yrs. old
Brgy. Councilor
wife
Macabili, Rey, 43 yrs. old (survived)
Brgy. Councilor
15 December 2005
Brgy. Parian, Mexico, Pampanga
Complaint against GRP
Complaint against NDFP
Form Number
G-566
S896
Date Filed
10 April 2006
8 November 2006
Filer
EMJP
NOLCOM/ Maj. Agustin G. Matavia,
JAGS, Legal Officer
Supporting
Documents
Bulatlat news report dated 18-24
December 2005
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Gomez and her 2 male companions
were shot by 3 unidentified
motorcycle-riding men wearing ski
masks and armed with high-powered
rifles. Gomez and one of her male
companions were killed instantly
while the other was brought to the
hospital in critical condition.
Brgy. Chairwoman Victorina Gomez
and Kagawad Romeo Atienza while
on their way back bome from pulongpulong conducted by the SOT was
shot to death, summarily executed by
two (2) NPA-CTs.
All 3, who were barangay officials,
just came from a dialogue with
soldiers of the 69th Infantry Battalion
of the Philippine Army where
they asked the latter to vacate
the multipurpose hall which they
converted into a military detachment.
Form Number
S1525
Date Filed
20 December 2006
Filer
PCI Bernardo M. Perez, Chief of
Police, Mexico PS, Pampanga, PRO3
Supporting
Documents
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
“Victims had just attended pulungpulong organized by the 69IB 7ID PA
held at Mexico gymnasium at about
5:10 p.m. on December 16, 2005
and while heading to the residence
of Brgy Captain Victorina M. Gomez,
they were peppered with bullets
by the suspect. Victims Brgy. Capt.
Victorina M. Gomez and Brgy. Kgd.
Romeo T. Atienza were pronounced
DOA at Jose de Lingad Mem. Hosp.
City of San Fernando while Kgd.
Reynaldo Macabali sustain (sic) GSW
on the shoulder”
The Lies of GRP Officials on Extrajudicial Killings
Complaint against GRP
Complaint against NDFP
(A profile of Victorina Gomez, Romeo
Atienza and Renato Macabili was
attached to the complaint form.)
Form Number
S1613
Date Filed
23 January 2007
Filer
PCI Bernardo M. Perez, Chief of
Police, Mexico PS, Pampanga, PRO3
Supporting
Documents
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
“Victims had just attended pulungpulong organized by the 69IB 7ID PA
held at Mexico gymnasium at about
5:10 p.m. on December 16, 2005
and while heading to the residence
of Brgy Captain Victorina M.Gomez,
they were peppered with bullets
by the suspect. Victims Brgy. Capt.
Victorina M. Gomez and Brgy. Kgd.
Romeo T. Atienza were pronounced
DOA at Jose de Lingad Mem. Hosp.
City of San Fernando while Kgd.
Reynaldo Macabali sustain (sic) GSW
on the shoulder”
(A profile of Victorina Gomez, Romeo
Atienza and Renato Macabili was
attached to the complaint form.)
Remarks
The news item contains information
that can be used as starting point for
conducting an impartial investigation
into the incident and help verify its
allegation.
This is a sweeping and
unsubstantiated allegation.
Apparently, neither an investigation
of the incident nor interview of
witnesses such as the survivor victim
was conducted by the police. The
complaint lacks sufficient data,
has no allegation of motive, and is
speculative on suspects.
Note: Three complaint forms were
submitted for a single incident on three
separate occasions.
Allegation(s) of GRP officials
As reported in Malaya, 21 September 2006, Task Force Usig’s Gen Razon Jr. said that the case of
Victorina Gomez is considered closed with a case filed against Wilfredo Yumol aka Wilfredo Layug last
1 August 2006.
Remarks: The incident happened during the reign of terror of Gen. Palparan in Central Luzon when
barangay schools and multi-purpose halls were being forcibly converted into army detachments. Palperan’s
reign of terror was being opposed actively by duly elected municipal and barangay officials. In this instance,
the victims who were members of Bayan Muna and barangay officials, had just come from a meeting with
the army to ask that it vacate the multipurpose hall that was being used as a detachment, when they were
ambushed near said detachment in broad daylight by masked men using high-powered rifles. Clearly, only
Gen. Palparan and his minions have the motive, means, opportunity and impunity to perpetrate the killings.
37
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NDFP Human Rights Monitoring Committee
Case 13
Profile of Victim
Name:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heir:
Guevarra, Arnel Cudia Sr., 42 yrs. old
21 July 2006; 10:30-11:00 p.m.
Brgy. San Jose, Malino, Mexico, Pampanga
wife and children
Complaint against GRP
Complaint against NDFP
Form Number
G-869
S1524
Date Filed
2 October 2006
20 December 2006
Filer
KARAPATAN
SPO1 Renato Sese, Investigator,
Mexico PS, Pampanga PPO, PRO3
Supporting
Documents
1. KARAPATAN Central Luzon
Factsheet
2. Affidavit of victim’s father, Oscar
Guevarra dated 23 July 2006
3. Affidavit of victim’s son, Michael
Guevarra dated 23 July 2006
4. Death Certificate of Arnel
Guevarra dated 25 July 2006
5. Brgy. Clearance of Arnel
Guevarra dated 10 March 2006
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Guevarra Sr. was shot and killed
by an unidentified gunman wearing
bonnet, black pants and armed with
a baby armalite after he forcibly
entered the victim’s house.
According to the victim’s son, the
gunman who was looking for a
certain “Marlon”, did not believe
Guevarra Sr.’s claim that he was
not “Marlon”, and instead replied
“nagsisinungaling ka pa (you are
even denying it)”.
Victim was shot to death at close
range by the suspect who barge
(sic) in his residence at P-4, San Jose
Malino, Mexico, Pampanga. Victim
sustained multiple GSW on the
body and head from M-16 rifle w/c
caused his instant death.
The victim’s son reported that when
he ran after the gunman, he found
out that the latter was accompanied
by 4 uniformed military men bearing
long firearms who were all outside
their house.
Guevarra Sr.’s father who lived
nearby reported that less than an
hour before the incident, a military
man known to him as Leodegardo
Layug Jr. @ Bong, forcibly entered
their house and searched the rooms
looking for him. He was able to hide
and it was his wife who faced Bong.
(A profile of Arnel Guevarra was
attached to the complaint form.)
The Lies of GRP Officials on Extrajudicial Killings
Complaint against GRP
Complaint against NDFP
Unable to locate him, Bong ran to the
neighboring house of Guevarra Sr.
while shouting the name “Marlon”.
Two shots were heard from that house
and afterwards, the victim’s dead
body was seen sprawled on the floor.
It was reported by Guevarra Sr.’s
father that before the incident,
military men wearing civilian clothes
and bearing long firearms visited him
5 times forcing him to join them. The
military men stayed in the barangay
for 1 year.
Form Number
S1612
Date Filed
23 January 2007
Filer
Renato Sese, Investigator, Mexico PS,
Pampanga PPO, PRO3
Supporting
Documents
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Victim was shot to death at close
range by the suspect who barge
(sic) in his residence at P-4, San Jose
Malino, Mexico, Pampanga. Victim
sustained multiple GSW on the
body and head from M-16 rifle w/c
caused his instant death.
(A profile of Arnel Guevarra was
attached to the complaint form.)
Remarks
The summary of incident contains
sufficient information that can be
used as starting point for conducting
an impartial investigation into
the incident and help verify the
allegation.
The sweeping and unsubstantiated
allegations in the two complaint
forms do not name any suspect nor
attribute any motive for the killing.
Apparently, neither an investigation
of the incident nor interview of
witnesses such as the victim’s father
and son was conducted by the police.
The allegation lacks sufficient data,
has no allegation as to motive, and is
speculative on suspects.
Note 1: Two complaint forms were
filed by the same police officer,
covering the same victim and incident.
Note 2: The incident happened during
the reign of terror of Gen. Palparan
in Central Luzon when military death
squads were killing people with
impunity.
39
40
NDFP Human Rights Monitoring Committee
Case 14
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heir:
Javier, Armando, 36 yrs. old
Anakpawis Partylist Municipal Coordinator/ peasant
2 October 2005; 9:45 p.m.
Brgy. Sta. Clara, Cuyapo, Nueva Ecija
wife and 1 child
Complaint against GRP
Complaint against NDFP
Form Number
G-507
S886
Date Filed
17 January 2006
8 November 2006
Filer
EMJP
NOLCOM/ Maj. Agustin G. Matavia,
JAGS, Legal Officer
Supporting
Documents
KARAPATAN Central Luzon Factsheet
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Javier was shot and killed by
unidentified armed men bearing long
firearms in the presence of his wife
while inside their house. According
to the victim’s wife, the bullets which
were first fired from outside their
house, pierced through the bamboomatted walls and hit Javier. When
she was lying face-down on the floor,
she saw that armed men entered
their house and continued shooting
her husband. Javier’s body bore 9
gunshot wounds. Seventeen empty
bullet shells were gathered from
inside and outside the house.
“Shot to death/summarily executed
by 15 NPA-CTs”
Remarks
The summary of incident contains
sufficient information that can be
used as starting point for conducting
an impartial investigation into
the incident and help verify the
allegation.
This is a sweeping and
unsubstantiated allegation. It does
not name the perpetrators nor
specify any motive for the shooting.
Apparently, neither an investigation
of the incident nor interview of
witnesses such as the victim’s wife
was conducted by the police. The
allegation lacks sufficient data,
has no description of incident, and
specifies no motive and suspects.
It does not also take into account
the victim’s membership in an
organization vilified by the AFP as a
CPP-NPA front.
Note: The incident happened during
the reign of terror of Gen. Palparan
in Central Luzon when military death
squads were killing people with brazen
impunity and residents of Nueva Ecija
were being forced to eat residence
certificates when these were not valid.
The Lies of GRP Officials on Extrajudicial Killings
Case 15
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Lacsa, Luis, 41 yrs. old
Farmer
23 February 2002; 10:00 p.m.
Sitio Gabod, Taromata, Bulan, Sorsogon
wife and 5 children
Complaint against GRP
Complaint against NDFP
Form Number
G-330
S1083
Date Filed
31 March 2005
8 November 2006
Filer
KARAPATAN-Sorsogon
SOLCOM/ Maj. Agustin G. Matavia,
JAGS, Legal Officer
Supporting
Documents
1. KARAPATAN Sorsogon Factsheet
dated 1 March 2002
2. Necropsy Report dated 24
February 2002
3. Excerpt from the Police Blotter
dated 30 January 2003
4. Death Certificate of Lacsa dated
26 February 2002
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Lacsa was roused from his sleep
and dragged outside his house by
unidentified armed men wearing
black bonnets and camouflage
uniforms.
“Shot to death/summarily executed
Luis Rosalia by 5 NPA/Communist
Terrorists”
His 5 children were asleep but
Lacsa’s eldest daughter was
awakened. She embraced her
father and refused to let go but was
threatened by the armed men that
she will be shot if she did not go
back inside the house. After several
minutes, gunshots were heard from
outside the house. Overcome with
fear, they did not dare go out to
check what was happening outside
and to look for Lacsa.
According to Lacsa’s wife, before
Lacsa was roused from sleep, the
armed men whom she believed to be
military men, kicked their door and
wall, pulled her outside, threatened
her not to make any sound and
entered their house.
They told her to call them “kasama
(comrade)”.
Her mother and brother who stayed
in a neighboring house were also told
to get out of their house. The armed
men pointed their guns at them. The
mother shook in fear because the
nozzle of the armalite was pointed to
her mouth.
41
42
NDFP Human Rights Monitoring Committee
Complaint against GRP
Complaint against NDFP
The following morning, the dead
body of Lacsa which bore 6 gunshot
wounds, broken jaw and teeth, and
bruises in different parts, was found
approximately 100 meters from their
house
Remarks
The summary of incident contains
sufficient information that can be
used as starting point for conducting
an impartial investigation into
the incident and help verify the
allegation.
This is a sweeping and
unsubstantiated allegation. It does
not even name any perpetrators
nor specify any motive. Apparently,
neither an investigation of the
incident nor interview of eyewitnesses
such as the victim’s wife, daughter,
mother and brother, was conducted
by the police. The allegation lacks
sufficient data, has no description of
incident, and specifies no motive and
suspects.
The Lies of GRP Officials on Extrajudicial Killings
Case 16
Profile of Victims
Name:
Affiliation/Occupation:
Surviving Heir:
Name:
Affiliation/Occupation:
Surviving Heir:
Date and Time of Incident (DOI):
Place of Incident (POI):
Llamas, Sotero, 55 yrs. old
Consultant, NDFP Negotiating Panel and Member
BAYAN MUNA,
small businessman
wife
Marciano Bitara Jr. (survived)
Driver
Information not available
29 May 2006; 8:30 a.m.
Brgy. Fatima, Tabaco City, Albay
Complaint against GRP
Complaint against NDFP
Form Number
G-872
S489
Date Filed
2 October 2006
8 November 2006
Filer
KARAPATAN
SOLCOM/ Maj. Agustin G. Matavia,
JAGS, Legal Officer
Supporting
Documents
KARAPATAN Albay Factsheet
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Llamas and a male companion were
shot by 2 unidentified motorcycleriding men who were with 2 others
riding another motorcycle. Llamas
was killed and his companion
wounded. They were on board their
vehicle and were on their way home.
“NPA-Communist Terrorists shot to
death Sotero Llamas, former CPP
Central Committee and Secretary of
the Bicol Regional Party Committee in
Brgy. Tagas, Tabaco City, Albay. He
was expelled from the Party in 2004
due to malversation of Party funds.”
Llamas’ wife said that 9 days before
the incident, a male ISAFP agent
known to her husband visited them
at home. She heard Llamas tell the
agent “Pabayaan ninyo na ako.
Pamilya na lamang ang iniisip ko.
(Just leave me alone. It is just my
family that I am concerned with)”.
Form Number
S1631
Date Filed
23 January 2007
Filer
Marciano Bitara Jr.
Supporting
Documents
1. Spot Report
2. Transmittal letter of records of
investigation for violation of murder
to the Office of the City Prosecutor,
Tabaco, Albay dated 4 July 2006
3. Sworn Statement of Edison
Belarmino dated 4 June 2006
4. Supplemental Statement of
Marciano Bitara Jr. dated 6 June
2006
5. Sworn Statement of victim’s wife,
Concepcion Hidea Llamas dated 29
May 2006.
6. Supplemental Statement of
Concepcion Hidea Llamas dated 31
May 2006
43
44
NDFP Human Rights Monitoring Committee
Complaint against GRP
Complaint against NDFP
7. Death Certificate of Sotero Llamas
dated 31 May 2006 8. Photocopy of
picture
9. Firearms Identification report
dated 5 June 2006
10. Medical Certificate of Marciano
Bitara Jr. dated 31 May 2006
11. Memorandum of Request for
Spent Shell Examination and Cross
Matching dated 29 May 2006
12. Evidence Recovery Log Tabaco
City Police Station dated 29 May
2006
13. Diagram Sketch of Spent Shell
locations dated 29 May 2006
14. Photocopy of front and side
pictures
15. Cartographic sketch dated 2
June 2006
16. Cartographic sketch dated 1
June 2006
17. Warrant of Arrest dated 2003
18. Warrant of Arrest for Edgardo
Sevilla @ Ka Diego dated 27 May
2004
19. Warrant of Arrest for Edgar
Calag dated 17 March 1998
20. Supplemental Statement of
Edison Belarmino dated 8 June 2006
21. Sworn Statement of PC/Insp. Nilo
Berdin dated 12 June 2006
22. Sworn Statement of Edeline Bilon
dated 2 July 2006
23. Supplemental Statement of
Edeline Bilon dated 8 June 2006
24. Sworn Statement of Marciano
Bitara Jr. dated 30 May 2006.
Summary of
Incident/Allegation
in Complaint Form
“On or about 8:30 in the morning of
May 29, 2006 along Service Road
of Brgy. Tagas, Tabaco City, the
accused while armed with caliber .45
pistols shot Marciano Bitara Jr. in the
right arm, while the victim is driving
a multi-cab with PN GRC-646 with
Sotero Llamas as passenger who
also sustained mortal wounds causing
instantaneous death of said Sotero
Llamas. Victim Marciano Bitara Jr.
sustained gunshot wound in his right
arm.”
Remarks
From a reading of their statements,
the testimonies of several witnesses
contain material discrepancies such
as differences in the handwriting
of a witness, unsigned affidavits by
another, and conflicting dates by still
another.
T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 4 5
Complaint against GRP
Complaint against NDFP
Moreover, the police did not look
deeply into the reason for the visit of
an ISAFP agent to Llamas nine days
before the incident, considering that
in most cases of extrajudicial killings
the victims were visited or harassed
first by the military, police or CAFGU
before being shot.
Before his death, Llamas was
also included as a respondent in
the rebellion case filed against
49 leaders of the revolutionary
movement, the legal mass movement
and partylist representatives.
Finally, based on alleged
cartographic sketches, the police
perfunctorily identified the accused
as alleged members of the NPA,
including an alleged ex-army special
forces agent, and immediately filed
a complaint in a GRP court to close
the case.
Note: Two complaint forms were
submitted for a single incident: the
first on 8 November 2006 without
supporting documents; the second on
23 January 2007, with supporting
documents.
Allegation(s) of GRP officials
As reported in the Phil. Star and Business World on 15 September 2006, AFP CoS General Hermogenes
Esperon, in his testimony before the Melo Commission on 14 September 2006, said that Llamas was a
former CPP Central Committee member and Secretary of the Bicol Regional Party Committee of the
NPA. He was a victim of “internal purging by the NPA to cleanse their ranks of counterrevolutionaries
and spies”.
Executive Summary of Task Force Usig Accomplishment Report 20 June 2006, Task Force Usig said that
Llamas was shot to death by Edgardo Sevilla @ Diego/ Palong, a commander of CPP/NPA who was
positively identified by eyewitnesses. On 7 June 2006, Edgar Calag, ex-Phil. Army Special Forces, was
also identified by witnesses as another gunman.
Remarks: On 30 May 2006, the day following the report of Llamas’ assassination, the CPP-NPA and the
NDFP Negotiating Panel issued independent and separate statements condemning the killing of “Ka Teroy”
Llamas and the wounding of his driver and putting the blame for the incident squarely on the GRP and its
death squads. Both also paid tribute to Ka Teroy’s past revolutionary contributions despite his being out of
the mainstream movement since 2004. The CPP-NPA stated that there was no enmity between Ka Teroy and
the movement and called on the CPP-NPA in Bicol to immediately conduct an investigation of the incident
and to arrest, try and punish the culprits. Ka Teroy remained a consultant of the NDFP Negotiating Panel up
to the time of his death.
46
NDFP Human Rights Monitoring Committee
Case 17
Profile of Victim
Name:
Affiliation/Occupation
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heir:
Nardo, Manuel, 40 yrs. old
BAYAN Muna San Fernando, Pampanga, Coordinator
15 May 2006; 9:15 p.m.
San Miguel Blvd., Brgy. Quebiawan, San Fernando,
Pampanga
wife
Complaint against GRP
Complaint against NDFP
Form Number
G-876
S1523
Date Filed
2 October 2006
20 December 2006
Filer
KARAPATAN
Mercedez Bito Y Real
Supporting
Document
1. MALAYA news report dated 15
May 2006
2. Manila Standard Today news
report dated 15 May 2006
3. Bulatlat news report dated 15
May 2006
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Nardo was shot several times and
killed by a gunman armed with a .45
caliber pistol. It was reported that the
gunman and his companion were on
board a motorcycle and were talking
casually with Nardo before the
incident. According to an eyewitness
“they even had their arms around
each other’s shoulders while talking
and after a few minutes Nardo
walked ahead and the person he was
talking to shot him in the back of the
head and several times in the body”.
“OOA said time, date & place,
suspects arrived on board a Honda
motorcycle, colored blue, w/ unknown
plate after which, one of them called
the victim who was then inside said
videoke bar. Accordingly, one of the
suspect (sic) & victim after a brief
conversation heard the latter saying
“dito na lang tayo uminom”. At this
instance the suspect embraced the
victim after which pulled a hand gun
& repeatedly shot the victim. Suspect
then fled toward unknown direction.
Nardo was the 26th member of his
partylist organization killed in 2006.
Form Number
S1611
Date Filed
23 January 2007
Filer
Mercedez Bito Y Real
Supporting
Document
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
“OOA said time, date & place,
suspects arrived onboard a Honda
motorcycle, colored blue, w/ unknown
plate after which, one of them called
the victim who was then inside said
videoke bar. Accordingly, one of the
suspect (sic) & victim after a brief
conversation heard the latter saying
“dito na lang tayo uminom”(let’s
drink here). At this instance suspect
embraced the victim after which
pulled a hand gun & repeatedly shot
the victim. Suspect then fled toward
unknown direction.
The Lies of GRP Officials on Extrajudicial Killings
Remarks
Complaint against GRP
Complaint against NDFP
The news items refer to witnesses who
saw the shooting, hearing even the
conversations between the victim and
his assailants. Such information can
be the starting point for conducting
a serious and impartial investigation
into the identities of the suspects and
their motive for shooting the victim.
This unsubstantiated allegation
against the NDFP does not specify the
motive for the shooting nor identify
the suspects as NPA. Obviously, there
was no in depth investigation of the
incident. The gunman was apparently
known to the victim and the latter was
apprehensive to go with the former
and said that they should instead
drink at the karaoke bar.
Note 1: Two complaint forms were
filed by the same complainant for a
single incident.
Note 2: The incident happened during
the reign of terror of Gen. Palparan in
Central Luzon.
Allegation(s) of GRP officials
As reported in Malaya, 21 September 2006, Task Force Usig’s Gen. Razon Jr. said that the case of
Manuel Nardo is considered closed with a case filed against Wilfredo Layug last 4 September 2006.
Remarks: The investigation was declared closed after the alleged suspect was purportedly identified by
unidentified witnesses. Considering that the victim was a city coordinator of an organization vilified by
the AFP as a CPP-NPA front, a more serious or in depth investigation into his death should have been
undertaken.
47
48
NDFP Human Rights Monitoring Committee
Case 18
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Nasol, Sotero, 57 yrs. old
Chief Brgy. Tanod
14 Dec. 2002; 1:20 p.m.
Brgy. Center, Brgy. Palanog, Camalig, Albay
wife and 6 children
Complaint against GRP
Complaint against NDFP
Form Number
G-873
S1060
Date Filed
2 October 2006
8 November 2006
Filer
KARAPATAN
SOLCOM/ Maj. Agustin G. Matavia,
JAGS, Legal Officer
Supporting
Documents
KARAPATAN Albay Factsheet
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Nasol was shot and killed by
unidentified motorcycle-riding
armed men in the presence of his
co-barangay officials inside the
barangay center. It was reported
that the gunman alighted from the
motorcycle, stood in the doorway,
called out to Nasol, and shot him.
“shot to death/the victim has
knowledge of the burning of the
Good Found compound factory at
said place on 29 Nov. 2002”
Remarks
The summary of incident cites several
witnesses who could provide more
information on the alleged incident
and help identify the perpetrators of
the shooting.
This terse allegation is
unsubstantiated and only hints at a
possible motive but does not establish
the link with the NPA. Apparently,
neither an in-depth investigation of
the incident nor interview of witnesses
such as the victim’s co-officials in
the barangay was conducted by
the police. The allegation lacks
sufficient data, has no description of
the incident, and is speculative on
suspects.
Allegations(s) of GRP officials
As reported in Phil. Star and Business World on 15 September 2006, AFP CoS General Hermogenes
Esperon, in his testimony before the Melo Commission, on 14 September 2006, said that Nasol was a
victim of “internal purging by the NPA to cleanse their ranks of counterrevolutionaries and spies”
Remarks: Nasol was a GRP official as Chief Barangay Tanod. He was neither a member of the NPA nor
of the revolutionary movement. Without providing any proof, Gen. Esperon again jumps from accusing an
official of the GRP of being an NPA to being a victim of an alleged internal purging!
The Lies of GRP Officials on Extrajudicial Killings
Case 19
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Segui, Teodoro Jr., 36 yrs. old
Regional Board of Directors- Bicol Coconut Planters
Association Inc.,
Chief Brgy. Tanod, Bayan Muna member
12 April 2002; 9:00 a.m.
Brgy. Bonbon, Libon, Albay
wife and 5 children
Complaint against GRP
Complaint against NDFP
Form Number
G-880
S1084
Date Filed
2 October 2006
8 November 2006
Filer
KARAPATAN
SOLCOM/ Maj. Agustin G. Matavia,
JAGS, Legal Officer
Supporting
Documents
1. KARAPATAN Albay factsheet 2. Death Certificate of Segui dated
22 April 2002
3. Medico-Legal Report dated 19
April 2002
4. Police Blotter dated 12 April 2002
5. Medico-Legal Examination Report
(autopsy) of Ildefonso Serrano dated
19 February 2002
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Sequi Jr. was shot and killed by 3
unidentified motorcycle-riding men
while he was standing in front of
a passenger jeep, after which the
gunmen fled towards the direction of
Villa Petrona. Segui Jr.’s body bore
7 gunshot wounds. Empty shells from
a .9mm gun were recovered from the
scene.
“Shot to death/summarily executed
by 3 NPA/Communist Terrorists”
The jeepney driver reported that
during the incident he saw 3 military
men in the vicinity. He recognized the
3 and knew that they were assigned
to the 22nd Infantry Battalion patrol
base in Villa Petrona.
Four days earlier, Sequi Jr.’s cousin,
a CAFGU member who was assigned
to the 22nd IB patrol base, disclosed
to him that there was an order from
the military to kill him. Sequi Jr. was
advised by his cousin to “stay away
from their town, go to Manila or to
lie low from the organization for his
safety”.
49
5 0 N D F P H u m a n R i g h t s M o n i t o r i n g C o m m i t t e e
Remarks
Complaint against GRP
Complaint against NDFP
The summary of incident contains
information that can easily be
verified through an impartial
investigation of the incident.
This terse allegation is
unsubstantiated and does not specify
any motive nor identify any suspect.
Apparently, neither an investigation
of the incident nor interview of
witnesses such as the jeepney driver
and the victim’s cousin was conducted
by the police. The complaint lacks
sufficient data and has no description
of incident.
Allegation(s) of GRP officials
As reported in Phil. Star and Business World on 15 September 2006, AFP CoS General Hermogenes
Esperon, in his testimony before the Melo Commission, on 14 September 2006, said that Segui was a
victim of “internal purging by the NPA to cleanse their ranks of counterrevolutionaries and spies”.
Remarks: Segui was a GRP official as Chief Barangay Tanod and a member of Bayan Muna. He was not
a member of the NPA nor of the revolutionary movement. Without providing any proof, Gen. Esperon
again jumps from accusing an official of the GRP of being an NPA to being a victim of an alleged internal
purging!
T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 5 1
Case 20
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Sungit, Abe, 44 yrs. old
KARAPATAN Palawan member, UCCP-IDPIP,
PAGSAMBATAN
5 February 2005; 7:00-8:00 a.m.
Brgy. Malcampo, Roxas, Palawan
wife and child
Complaint against GRP
Complaint against NDFP
Form Number
G-526
S454
Date Filed
8 February 2006
8 November 2006
Filer
EMJP
Western Command/ Maj. Agustin G.
Matavia, JAGS, Legal Officer
Supporting
Documents
1. Cyber Dyaryo news report dated
8 April 2005
2. Amnesty International 1999 Report
3. 2 copies KARAPATAN Southern
Tagalog initial Factsheet dated 21
February 2005
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Sungit, while on board a motorcycle
with his male companion as
driver, was shot by 2 unidentified
motorcycle-riding men. Sungit, who
was hit on the shoulder, fell from
the motorcycle. His male companion
fled on board their motorcycle. He
reportedly heard 4 more gunshots
being fired.
“shot to death/summarily executed”
Sungit’s dead and decomposing body
was found in a deep creek near the
place of incident after 15 days. It
bore at least 3 gunshot wounds, 2 of
which were located in the head.
The victim was reportedly included
in the military’s Order of Battle
since 2003 due to his being a
staunch advocate of indigenous
people’s rights, particularly his strong
opposition to the military’s presence
in indigenous communities in their
province and in mining activities in
the area. Sungit was one of three
indigenous people who had been
killed in February 2005.
Remarks
The summary of incident contains
information that can easily be
verified through an impartial
investigation of the incident.
This terse allegation is
unsubstantiated and does not specify
any motive nor identify any suspect.
Apparently, neither an investigation
of the incident nor interview of
witnesses such as Sungit’s companion
was conducted by the police. The
complaint lacks sufficient data and
has no description of incident.
5 2 N D F P H u m a n R i g h t s M o n i t o r i n g C o m m i t t e e
Case 21
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Takadao, Albino, 54 yrs. old
Member of Nagkahiusang Mag-uuma sa Nabundasan
3 February 2006; 8:30 p.m.
Sitio Salvacion, Nabundasan, Tulunan, Cotabato
wife and 6 children
Complaint against GRP
Complaint against NDFP
Form Number
G-555
S223
Date Filed
10 April 2006
8 November 2006
Filer
EMJP
Eastern Mindanao Command/ Maj.
Agustin G. Matavia, JAGS, Legal
Officer
Supporting
Documents
1. KARAPATAN North Cotabato
Factsheet
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Takadao and his family were
preparing to sleep when they heard
a man from outside their house
calling to them insisting to be allowed
inside because he wanted to borrow
cooking utensils and asked for water
which he would use to cook dinner.
“undetermined number of CTs under
FC-51 shot to death Albino Takadaw
in Brgy. Nabundasan, Tulunan,
Cotabato on 03 Feb. 06.”
When Takadao’s wife peeped out,
she saw 15 men wearing bonnets
and armed with high-powered rifles.
The men surrounded the house and
one threatened them and said “kund
dili nyo kami pasudlon, di kamo
maagahan (if you will not let us in,
you will not see the morning)”. Seeing
that his wife was afraid, Takadao
instructed her to let them in. He then
proceeded to sit in the stairway.
One man who was armed with an
M-16 entered and asked Takadao’s
wife how many occupants there
were in the house. She replied that
they were 4, including 2 children.
Without saying a word, the man shot
and killed Takadao. Then he went
outside and joined the others and
they proceeded to a nearby barrio.
The day before, it was reported that
residents in that barrio saw a group
of military men wearing uniform but
without nameplates.
It was also reported that for several
months until the incident, massive
military counter-insurgency operations
were being conducted in peace zones
in the municipality. The place of
incident is located within the peace
zones.
T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 5 3
Remarks
Complaint against GRP
Complaint against NDFP
The summary of incident contains
sufficient information that can be
used as starting point for conducting
an impartial investigation into the
incident to determine the identities
of the suspects and help verify the
allegation.
This sweeping allegation is
unsubstantiated and does not specify
a motive for the shooting. Apparently,
neither an investigation of the incident
nor interview of witnesses such as the
victim’s family was conducted by the
police. The complaint lacks sufficient
data, has no description of incident,
and is speculative on suspects.
The membership of the victim in a
people’s organization contradicts the
allegation.
5 4 N D F P H u m a n R i g h t s M o n i t o r i n g C o m m i t t e e
Case 22
Profile of Victims
Name:
Affiliation/Occupation:
Surviving Heirs:
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Tinambacan, Rev. Jemias, 49 yrs. old
UCCP Pastor; Bayan Muna Misamis Occidental
Provincial Chairman;
Mission for Indigenous and Self Reliance People’s
Assistance Inc., Executive Director
wife and 2 children
Tinambacan, Marilou, 50 yrs. old (survived)
PCPR-Negros Oriental member; Kapatiran Simbahan
para sa Bayan member
9 May 2006; 5:30 p.m.
National Highway, Brgy. Mobod, Oroquieta City,
Misamis Occidental
Complaint against GRP
Complaint against NDFP
Form Number
G-864
S1684
Date Filed
25 September 2006
23 January 2007
Filer
KARAPATAN
Marilou Tinambacan, UCCP Pastor
(but with no signature/thumb mark)
Supporting
Documents
1. Urgent Action dated 11 May 2006
No Supporting Documents
Submitted
Summary of
Incident/Allegation
in Complaint Form
Spouses Jemias and Marilou
Tinambacan were on board their van
when they were shot by 4 armed men
who were on board 2 motorcycles.
Upon seeing that they were being
shot, Marilou hid beneath the
dashboard. Jemias, who was driving
the van, was hit 3 times in the head,
lost control of the van and crashed
into a tree. The assailants continued
firing and one of them, identified
by Marilou to be Philippine Army
intelligence agent Mamay Guimalan,
shouted “Buhi pa ang baye! (The
woman is still alive!)”. Marilou, though
wounded and bruised, survived the
shooting incident.
“OOA 091800H May 2006 at Purok
5, Brgy. Mobod, Oroquieta City a
shooting incident transpired wherein
the victim is identified as certain
Jemias Tinambacan y Aguilo, 50
YO, Pastor of UCCP and a certain
Marilou Tinambacan (wife) both
residents of Eastern Pob. Lopez,
Jagna, Misamis Occidental. Subject
victim was gun down and dead on the
spot by the tailing suspects at said
Brgy. Allegedly Marilou Tinambacan
identified the one of the suspects as
certain Mamay Guimalan. Suspects
fled to unknown direction.”
Remarks
Marilou, the surviving wife of
the victim, had made a positive
identification of one of the gunmen.
With this information, an impartial
investigation of the incident can
easily determine the identities of the
gunmen.
This spot report mentions that the
victims wife identified one of the
assailants. But it conveniently omitted
the fact that said assailant is a
Philippine army intelligence agent.
Yet, no investigation along this line
was conducted by the police. The
allegation lacks sufficient data, has
no allegation as to motive, and is
speculative on suspects.
Allegation(s) of GRP officials
In the PNP News Release of 27 Aug 2006, PNP Deputy Director Gen. Oscar Calderon citing case
records culled by Task Force Usig said that the slain activists and militants are attributed to the local
communist movement.
Remarks: This sweeping allegation is unsubstantiated and lacks factual basis.
T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 5 5
Case 23
Profile of Victim
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heir:
Uy, Ricardo “Ding”, 49 yrs. old
BAYAN Muna Sorsogon Chairman;
Head, Sorsogon Independent Media Reporters Inc.
18 November 2005; 11:30 a.m.
Brgy. Basud, Sorsogon City
wife
Complaint against GRP
Complaint against NDFP
Form Number
G-582
S1670
Date Filed
10 April 2006
23 January 2007
Filer
EMJP
Filed by: P/Supt. Formoso Bermido
Argarin, Acting Chief of Police,
Sorsogon City Police Station
Supporting
Documents
1. Downloaded INQ7 news report
dated 18 November 2006
1. PNP Balogo Sorsogon Special
Report on Shooting to Death of Ding
Uy dated 20 June 2006.
2. PNP Balogo Sorsogon Special
Report on Shooting to Death of
Ricardo “Ding” Uy dated 18
November 2005.
Summary of
Incident/Allegation
in Complaint Form
Uy was shot and killed by an
unidentified gunman using a .45
caliber pistol while he was tending to
his rice mill which was located in front
of his house. It was reported that the
gunman, who was wearing sunglasses
and a hat, walked towards Uy and
shot him 5 times.
On or about 181130 November
2005 at Barangay Basud, West
District, Sorsogon City, Ricardo
“Ding” Uy was shot successively by
unidentified gunmen. He sustained
multiple gunshot wounds on different
parts of his body that caused his
death.
The victim was reportedly very vocal
against abuses committed by the
military in their province. A vilification
campaign against him had been
going on and there were pamphlets
being distributed “identifying him as
a communist”.
Initial investigation disclosed that
while the victim was inside his store
entertaining a customer who was
buying rice, the gunmen entered
the store and fired upon the victim.
After the incident, the suspect walked
casually along Maharlika Highway
going towards Cawayan Bridge,
where his companion was waiting with
a red motorcycle. Then suspects fled
onboard the said motorcycle going
towards Sorsogon City proper.
The victim was immediately brought
to Sorsogon Medical Mission Group
Hospital (SMMMG) at Barangay
Pangpang, Sorsogon City. But was
pronounced DOA by the attending
physician. The investigation with the
assistance of the SOCO personnel
collected five (5) empty shells, one
(1) live ammunition and one (1) fired
bullet (slug) all for caliber .45 pistol.
Suspect’s descriptions are: Long
Blonde Hair, 5’11” inches tall, slim,
wearing sunglass, wearing a bull cap,
wearing long pants and polo-shirt
and carrying backpack.
5 6 N D F P H u m a n R i g h t s M o n i t o r i n g C o m m i t t e e
Remarks
Complaint against GRP
Complaint against NDFP
The vilification of the victim as an
alleged communist in pamphlets that
were being distributed in the area
is a clear indication of motive for
the shooting of the Uy. This material
information can be the starting point
for an impartial investigation to
identify the perpetrators.
The police reports do not specify
the motive nor identify the suspect
as allegedly belonging to the NPA.
Apparently, no interviews were done
of the witnesses such as the wife and
helper of the victim.
Moreover, the fact that the victim
was a journalist and the chairman of
Bayan Muna that has been vilified
as an alleged communist front
should have led the police to look
for more likely suspects with obvious
motive than just pin the blame on the
revolutionary movement.
Allegation(s) of GRP Officials
In the Executive Summary of Task Force Usig Accomplishment Report of 20 June 2006, it said that “Four
(4) of the witnesses pointed to the photograph of a certain Ronnie Lomerio a CPP/NPA member as
suspect.”
Motive of the killing is the alleged rift with the management of Sorsogon Electric Company (SORECO)
wherein the victim spearheaded the union of Nagkakaisang Manggagawa ng SORECO (NAMAS)
against the said company, as well as an alleged rift with the local communist movement relative to
extortion activities with the victim’s rice mill being the center post of collection.
Remarks: The police report mentioned only one unidentified witness, not four. Also, the alleged NPA member,
a certain Ronnie Lomerio, did not turn out to be one. Even the GRP court dismissed the case against him. Yet,
Task Force Usig insists in claiming that Uy, a journalist and the provincial chairman of a legal progressive
partylist, was an alleged collector of the revolutionary movement and became an alleged victim of a
supposed rift with the movement.
Mar tyrs for the cause of justice and freedom
clockwise, from top right,
Hermilito Marqueza, Victor
Olayvar, Paquito Diaz, Rev. Edison Lapuz and
Atty. Felidito Dacut
5 8 N D F P H u m a n R i g h t s M o n i t o r i n g C o m m i t t e e
5.2 Tabulation of additional 5 incidents
Case 1
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Dacut, Atty. Felidito, 51 yrs. old
Bayan Muna Partylist Regional Coordinator;
IBP Board of Directors member
14 March 2005; around 6:45 p.m.
Real St., Tacloban City, Leyte
wife and 2 year old daughter
Complaint Against GRP
Form Number
G-385
Date Filed
9 June 2005
Filer
Bayan Muna
Supporting
Documents
1. Affidavit of victim’s wife Amelia Dacut dated 25 May 2005
2. Letter to Supt. Conrado Calvaro dated 13 April 2005
3. Katungod-SB-Karapatan Factsheet dated 15 March 2005
4. Medicol-Legal Autopsy Report dated 14 March 2005
5. Special Report of Tacloban City Police dated 19 March 2005
6. Certified true copy of the police blotter dated 12 April 2003
7. Cartographic sketch of the suspect dated 14 March 2005
Summary of
Incident
Dacut and a male companion just came from a consultation meeting and were
on their way to buy milk for the former’s daughter on board a public vehicle
when Dacut was shot from behind at close range.
His male companion saw the gunman’s face and the pistol with silencer which
was used in the shooting. The gunman and another unidentified man were
riding a motorcycle and were with 2 other motorcycle-riding men whom they
were seen talking with after the incident. Dacut died in the hospital due to a
gunshot wound.
Dacut was a known human rights lawyer and was among those who initiated
a solidarity mission to their province after Gen. Jovita Palparan had made
public declarations to “clear Eastern Visayas of anti-government rallies within
six months as the principal anti-insurgency campaign plan of the Arroyo
government”.
Allegation(s) of GRP officials
As reported in Malaya 21 August 2006, Task Force Usig said that the killing was ordered by Eastern
Visayas Regional Party Committee (EVRPC) after he was found guilty of “financial opportunism”. Accused
by the NPA of failure to remit P140,000 in commission for the sale of unserviceable heavy equipment
which was reportedly owned by a group of terminated sugar farmers.
Remarks: This unsubstantiated allegation is devoid of merit. Apparently, no investigation of the incident had
been carried out. No evidence or witness had been presented to support the allegation, not even the filing
of a false complaint against the NPA with the NDFP-JS to give it a semblance of truth. Moreover, only a
malicious mind is capable of inventing such a ridiculous motive. On the other hand, Gen. Palparan has all
the motive to have Dacut killed for the solidarity mission that the latter initiated against the former’s reign
of terror in Eastern Visayas, for his being a Bayan Muna regional coordinator, and for his human rights
lawyering.
T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 5 9
Case 2
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Diaz, Paquito, 44 yrs. old
Chairman- Confederation for Unity, Recognition and
Advancement of Government Employees-Eastern
Visayas (COURAGE-EV)
6 July 2006; 6:30 p.m.
173 Esperas Avenue, Brgy. 54, Tacloban City, Leyte
Complaint Against GRP
Form Number
G-862
Date Filed
25 September 2006
Filer
KARAPATAN
Supporting
Documents
Katungod-SB-KARAPATAN Factsheet dated
6 July 2006
Summary of
Incident
Diaz was shot and killed by two motorcycle-riding men wearing baseball
cap and bonnet-type helmet and armed with .45 caliber pistol with silencer.
He was shot outside his house and in the presence of his relatives. Bystanders
tried to block the path of the assailants but they were threatened to be shot
by the gunman.
It was reported that before the incident, two men and their vehicle were seen
traversing the area several times before hiding behind bushes near the place
of incident.
Allegation(s) of GRP officials
As reported in Malaya, 21 August 2006, TF Usig said that: The killing was ordered by EVRPC after
he was found guilty of “financial opportunism”. Accused of receiving large amounts of money from
politicians, also accused of collecting large sums of money to finance a campaign to oust the general
manager of the Leyte Metropolitan Water District in Tacloban.
Remarks: This sweeping allegation is devoid of proof and reason. Apparently, no investigation of the
incident was carried out. No evidence or witness has been presented to support the allegation. Also, the
imputed motive is a mish-mash of contradictions. If one part of it were true, the general manager of Leyte
Metropolitan Water District has more reason to have Diaz killed than the NPA. The fact that the victim was
the chairman of Courage, which is a member of KMU, an organization viciously vilified as communist, would
be enough motive for the military to kill him.
60
NDFP Human Rights Monitoring Committee
Case 3
Name:
Affiliation/Occupation:
Surviving Heir:
Name:
Affiliation/Occupation:
Surviving Heir:
Date and Time of Incident (DOI):
Place of Incident (POI):
Lapuz, Rev. Edison
Conference Minister-United Church of Christ in the
Philippines (UCCP), Chairman - Katungod-KARAPATAN
Eastern Visayas, Founding member – Promotions for
Church People’s Response (PCPR), Convenor for Justice
for Atty. Dacut Alliance
wife
Malinao, Alfredo
Brgy. Councilor; peasant leader and organizer
Information not available
13 May 2005; 6:30 p.m.
San Isidro,Leyte
Complaint Against GRP
Form Number
G-484
Date Filed
17 June 2006
Filer
EMJP
Supporting
Documents
Narrative Report of the Documentation Team Visit to San Isidro, Leyte dated
13 May 2005
Summary of
Incident
Lapuz and Malinao were shot and killed inside the former’s house when
they were resting together with relatives and friends who all came from the
burial of Lapuz’s father. According to witnesses, the two unidentified gunmen
shot Lapuz and Malinao at close range. They then fled on foot towards two
motorcycles driven separately by two unidentified men. Before fleeing, they
shot the rear wheel of Lapuz’s parked vehicle.
It was reported that before the incident, four unidentified men on board two
separate motorcycles were seen repeatedly passing the area, pretending to
catch fish in a nearby port and keeping their helmets on even while drinking
softdrinks in a nearby store.
Lapuz’s sister reported that in October 2004, uniformed military men went to
the house of their father and inquired about Lapuz’s whereabouts and work.
They also asked for a recently-taken photograph of Lapuz. The men posed as
co-church members of Lapuz.
One of the five soldiers seen during Lapuz’s wake on 14 May 2005 was
identified to be one of those who previously visited the house of Lapuz’s
father.
Allegation(s) of GRP officials
As reported in Malaya, 21 August 2006, Task Force Usig said that the killing was ordered by EVRPC
after he was found guilty of “financial opportunism”. Accused of juggling funds generated through
pledges, donations and solicitations by the NCCP and UCCP.
Remarks: This false allegation has been denied vehemently by General-Secretary Sharon Rose Joy RuizDuremdes of the NCCP. In a statement, she said that this “pronouncement is downright malicious and
unfounded. While active in the human rights program of the NCCP, Rev. Lapuz was never given funds to
manage by the organization. To our knowledge, he was never engaged in fund raising for the Council.
The “conclusions” of Task Force Usig regarding the cause of extra judicial killings belies the capability of
this body to come out with a credible report. To make such a pronouncement without consulting the NCCP
which is allegedly the organization whose funds Rev. Lapuz embezzled, clearly shows the quality of the
investigation conducted by the Task Force.” Apparently, no investigation of the incident was ever carried out.
The Lies of GRP Officials on Extrajudicial Killings
Case 4
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Marqueza, Hermilito, 43 yrs. old
Kapunungan sa mga Mag-uuma sa Surigao Del Sur
(United Farmers Union of Surigao del Sur)
20 August 2006; 11:00 p.m.
Brgy. Maitum, Tandag, Surigao del Sur
wife & 2 children
Complaint Against GRP
Form Number
G-879
Date Filed
2 October 2006
Filer
KARAPATAN
Supporting
Documents
1. INQ7.net news report 23August 2006
2. ABS CBN News report
3. PNP Tandag Surigao del Sur Police report dated 23 August 2006.
Summary of
Incident
Marqueza was shot and killed by unidentified men with M14 rifles after they
forcibly entered his house. A witness who ran for help was prevented by a
certain William Suarez whom the witness noticed was being motioned to by
two unidentified armed men with long firearms hiding behind coconut trees.
The statement of the witness was corroborated by Marqueza’s daughter.
It was reported that prior to the incident, Marqueza was repeatedly asked
by Philippine Army operatives for his support but the former always refused.
Marqueza was the 6th victim of political killings in CARAGA during the first
eight months of 2006.
Allegation(s) of GRP officials
PNP News Release, 27 August 2006, PNP Deputy Director Gen. Oscar Calderon citing case records
culled by Task Force Usig said that slain activist attributed to local communist movement. As reported in
Malaya, 21 September 2006, Task Force Usig’s Gen. Razon Jr. said that the case of Hermilito Marqueza
is considered closed with William Suarez charged in CARAGA last month.
Remarks: This allegation is not only self-contradictory and without basis, but also false. As attested to by
witnesses, including the victim’s daughter, the accused Wlliam Suarez was in cohorts with the armed men who
barged into the victim’s house and shot him. Yet Task Force Usig has the temerity to attribute the killing to the
local communist movement!
61
62
NDFP Human Rights Monitoring Committee
Case 5
Name:
Affiliation/Occupation:
Date and Time of Incident (DOI):
Place of Incident (POI):
Surviving Heirs:
Olayvar, Victor, 41 yrs. old
Chairperson - BAYAN Bohol, Vice Chairperson - BAYAN
Central Visayas, Honorary Chairperson - HUMABOL,
Chairman - KAHIMSOG, Board of Trustees - Central
Visayas Farmers Development Center , Member- Bohol
Alliance for the Removal and Ouster of Gloria
7 September 2006; 7:25 a.m.
Candaba Bridge, Brgy. Cantubod, Danao, Bohol
wife and 7 children
Complaint Against GRP
Form Number
G-884
Date Filed
2 October 2006
Filer
KARAPATAN
Supporting
Documents
1. KARAPATAN Bohol Fact Finding Report
2. The Bohol Chronicle news report dated 10 September 2006)
3. The Bohol Chronicle editorial article 10 September 2006
4. INQ7.net news report 8 September 2006
5. INQ7.net news report 11 September 2006
6. Bohol Sunday Post column article 10 September 2006
7. INQ7 express news report 13 September 2006
8. INQ7 mobile news report 13 September 2006
9. The Bohol Chronicle news report 13 September 2006
10. The Bohol Chronicle news report 17 September 2006
11. Bohol Sunday Post news report
12. PIA Central Visayas news report 25 September 2006
13. Wow Bohol Blog news report 25 September 2006
14. Bohol Times Online news report 24 September 2006
15. Bulatlat news report 7 September 2006
16. Sunstar news report 9 September 2006
17. Cebu Daily News report 12 September 2006
18. Bohol Times Online Editorial 10 September 2006
Summary of
Incident
Olayvar was shot and killed while he was riding a habal-habal (public utility
motorcycle) by an unidentified armed man with a .45 caliber pistol. His
body bore two gunshot wounds. The habal-habal’s driver was spared by the
gunman.
The gunman was with three other unidentified men who appeared to be
fixing their two motorcycles by the roadside before flagging down oncoming
vehicles and preventing motorists from crossing the bridge.
Prior to the incident, Olayvar has been subjected to threats and surveillance.
It was reported that three months before, he has been “placed in the
military’s Order of Battle and subject for neutralization”. Olayvar and
three other militant leaders in the province have been “demonized by
leaflets signed by a shadowy group named Mata na Bohol (Wake Up Now)
Movement (MBM) that directly accused militants of having links to the NPA.
Allegation(s) of GRP officials
As reported in Manila Times, 3 October 2006, Task Force Usig said that witness Joselito Ayag saw how
Olayvar, a member of KARAPATAN, was killed by members of CPP in Bohol. In his affidavit, Ayag said
that KARAPATAN and HUMABOL are two local groups involved in soliciting funds and collecting firearms
for the NPA. The motive of the killing was the disappearance of firearms.
The Lies of GRP Officials on Extrajudicial Killings
Remarks: This allegation by an alleged witness to the incident is suspect and malicious and lacks
corroboration. First, he maligns the organizations to which the victim belonged. Then he maligns the victim
himself for allegedly losing firearms. It’s the testimony of someone who is a co-conspirator in killing the
victim. Only the military has the motive to kill Olayvar because of his membership in Bayan Muna and
Humabol, two organizations that have been viciously vilified by the military. The victim was also in the
military’s order of battle.
63
64
NDFP Human Rights Monitoring Committee
6 Summary in Tables
Table 1. Tabulation of Selected Remarks
No Evidence
Lacks
Sufficient
Data
1. Aguilar






2. Albarillo*






3. Arcilla*






4. Arinque*






5. Atento













Name of victim
No
No
No
Investigation
Speculative Speculative
Allegation as
Description Investigation
Not
as to Motive as to Suspect
to Motive
of Incident
at All
Thorough
6. Balauag*/
Mendiola*
7. Castillo*

8. Dimaano*

9. Espino


10. Furog*


11. Gatdula*


12. Gomez*

13.Guevarra




















14. Javier*






15. Lacsa






16. Llamas*



17. Nardo*




18. Nasol






19. Segui*






20. Sungit*






21. Takadao*






22.
Tinambacan*




23. Uy*




TOTAL
18
19
14
9
*Affiliated with organizations vilified by GRP forces (17)
23



13
18
5
T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 6 5
Table 2. Tabulation of Organizational Affiliation of Victims
Partylist
1. Albarillo
BAYAN Muna
Anakpawis

KMP & other
peasant orgs.

3. Arinque



7. Furog
8. Gatdula
9. Gomez





10. Javier
Bayan

5. Castillo
6. Dimaano

2. Arcilla
4. Balauag/
Mendiola
Other Orgs.

11. Llamas

12. Nardo

13. Segui

14. Sungit

15. Takadao
16. Tinambacan



17. Uy

Total
9
3
7
Karapatan

UCCP/PCPR

Sorsogon
Independent
Media Reporters
Inc
4
66
NDFP Human Rights Monitoring Committee
7.1
Excerpts of
statements of GRP
President Arroyo and other
GRP officials alleging that
the NDFP is responsible for
specific cases of political
killings and/or that some of
these cases are considered
“solved”
1. Excerpts from GRP President Gloria
Macapagal-Arroyo’s speech at the Vin
D’ Honneur, Wednesday, January 31,
2007, Malacañang
“Investigations suggest links to
both right and left – to communists,
communist rebels as well as possibly elements of our own military.
The investigations of the national
police’s Task Force “Usig” have
unearthed some interesting facts
such as 23 cases of killings perpetrated by the NPA against their
own men, the discrepancy between
the number of cases reported by the
front organizations of the communists and the numbers in the police
files, and two cases where the supposed victims were confirmed to be
alive. It’s disheartening to contemplate that anyone upholding people’s rights could engage in such
deeds. I need to absorb fully what it
means. (emphasis supplied)
2. Excerpts from “PNP on extrajudicial
killings: 21 cases solved, 12 arrested,”
by Amita Legaspi, GMANews.TV,
October 05, 2006 - 07:12 PM
A total of 21 cases have been
solved while 12 suspects have been
arrested in connection with government’s campaign on extrajudicial
killings, police said Thursday.
TF Usig reported that Apolinar
was killed by a military officer and
a member of the Civilian Auxiliary
Force Geographical Unit (Cafgu),
while Claver and Dimaano were
killed by a police officer and members of the New People’s Army, respectively. (emphasis supplied)
...
PNP Deputy Director General
Avelino Razon Jr., Chief of Task
Force USIG, said that based on their
records, 16 activists were killed by
communist guerillas, of which 15
cases have been filed in court. He
said additional eight incidents were
also believed to be perpetrated by
the rebels.
3. Excerpts from: “Esperon tells Melo
Commission NPA behind political
killings,” James Mananghaya, The
Philippine STAR, Friday, September
15, 2006
AFP Chief of Staff Gen. Hermogenes Esperon …included eight
names who are in the claims made
by Karapatan, a human rights group
accusing the military of being behind the killings.
These were Teodoro Segui of
Libon, Albay; Sotero Nasol of Camalig, Albay; Barangay chairman
Ernesto Atento of Taysan, Legazpi
City, Albay; Sangguniang Bayan
member Francisco Gatdula of Sta.
Cruz, Occidental Mindoro; Renato
Espino alias Nomer, team leader
of the Sandatahang Yunit Pampropaganda Central Mexico, Kilusang
Larangang Gerilya Southern Pampanga; Rommel Arcilla, a finance
officer of the Communist Party of
the Philippines (CPP)-Pampanga
Party Committee; Nestor Arinque,
of Mabini, Bohol, a member of
The Lies of GRP Officials on Extrajudicial Killings
Front 4, Central Visayas regional
party committee; and Sotero Llamas, former CPP central committee member and secretary of the
Bicol regional party committee of
the NPA. (emphasis supplied)
Esperon said the eight were all
liquidated by the NPA as part of
an internal purge to cleanse their
ranks of “counterrevolutionaries”
and spies.
4. Excerpts from “ACTIVISTS’ SLAYS
IS MORE THAN JUST A CPP/NPA
PURGING” PNP News Release No. 060818, August 27, 2006, <http://www.
pnp.gov.ph/press/press/content/
news/2006/aug/activistslayismore_
27aug06.html>
Most prominent among the cases
slain activists and militants attributed to the local communist movement were that of Sotero Llamas in
Albay, spouses Elena Mendiola and
Ricardo Balauag in Isabela, Annaliza Abanador in Bataan, spouses
Jemias and Marilou Tinambacan
in Oroquieta City, peasant leader
Hermie Marqueza in Surigao del
Sur, and labor lawyer Rodolfo Paglinawan in Quezon City. (emphasis supplied)
5. Excerpts from: “2 NPA HITMEN
CHARGED FOR MURDER OF BAYAN
MUNA MEMBERS,” PNP News
Release No. 06-0516, Wednesday, 31
May 2006, http://www.pnp.gov.ph/
press/press/content/news/2006/
may/2npahitmencharged_31may06.
html
In his report to PNP Officer-inCharge, Deputy Director General
Oscar C Calderon, Regional Office
2 Director, Chief Superintendent
Jefferson P Soriano said Renato
Busania and Timoteo Corpuz Jr.
were charged before the Provincial
Prosecutor’s Office in Ilagan, Isabela docketed under I.S. No. 2006E635 for the murder of Elena “Baby”
Mendiola and Ricardo Balauag in
Echague last May 10. (emphasis supplied)
According to Soriano, suspects
Busania and Corpuz belong to the
Southern Isabela Front of the CPP/
NPA Cagayan Valley Regional
Committee. 
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NDFP Human Rights Monitoring Committee
7.2
NDFP statements on
political killings and
GRP allegations
1. Press Statement, 16 May 2006
Arroyo regime is hell-bent on escalating extrajudicial killings with impunity
By Luis G. Jalandoni
C h a i r pe r s o n , N D F P N e g o t i a t i n g Panel
The recent announcement of Gloria M. Arroyo that she has ordered the
police investigation of the extrajudicial
killings and forced disappearances of
leaders and activists of Bayan Muna,
Anakpawis, Gabriela, Anakbayan and
progressive mass organizations, priests
and pastors, journalists, advocates of
human rights and peace and other people critical of the Arroyo regime is a
malicious act intended to deceive the
people.
Soon after Arroyo’s announcement,
her national security adviser Norberto Gonzales and secretary of justice
Raul Gonzales and high military officials have issued public statements to
the effect that the Communist Party of
the Philippines and the New People’s
Army are the ones responsible for the
killings and kidnappings.
It is clear that the Arroyo regime has
no intention of stopping the extrajudicial killings and forced disappearances
but is hell-bent on escalating them with
further impunity by putting the blame
on the revolutionary forces and the victims themselves. The regime is seeking
to destroy the legal patriotic and progressive forces in a futile attempt to intimidate and weaken the broad united
front and the revolutionary movement.
Human rights organizations as well
as the organizations, colleagues, immediate relatives and friends of the victims have clearly pointed to the death
squads of the military and police loyalists of the regime as responsible for
the killings and kidnappings. They
speak the truth louder than the lies and
intrigues of the cabinet members and
generals of the regime.
The national security adviser Norberto Gonzales merely exposes himself as an evil and malicious intriguer
by misrepresenting the Second Great
Rectification Movement as a continuing purge, contrary to the fact that said
movement criticized and repudiated the
anti-infiltration campaigns of the 1980s
and was an educational campaign to reaffirm the basic principles of the revolutionary movement. Those responsible
for the anti-infiltration campaigns who
refused to accept and correct their errors have since joined or collaborated
with the reactionary government.
The Arroyo regime is becoming
more brutal by the day. Three extrajudicial killings, one frustrated murder
and one disappearance in three days!
Bayan Muna Cagayan Valley Secretary
General Elena Mendiola and her husband Ricardo Balauag, Bayan Muna
Municipal Coordinator in Echague, Isabela killed in cowardly manner on May
10. Rev. Jemias Tinambacan of the United Church of Christ in the Philippines
in Misamis Occidental shot dead while
his wife Rev. Marilou Tinambacan was
seriously wounded on May 9. The latter
identified military intelligence agent
Mamay Guimalan as one of the four assailants riding two motorcycles. Philip
Limjoco is reported by his son Glenn as
missing since May 8.
In the first quarter of 2006, Karapatan (Alliance for the Advancement of
People’s Rights) documented 53 victims of extrajudicial killings and 16 victims of enforced disappearance. That
is more than four killings and one disappearance every week! From April 3
The Lies of GRP Officials on Extrajudicial Killings
to May 11, twelve persons more were
killed.
More than 560 civilians have been
killed during the Arroyo regime; more
than 200 frustrated murder cases and
149 disappearances!
The regime’s preposterous claim of
a purge within the revolutionary movement has long been exposed as a lie by
the thinly-veiled and arrogant boasts of
the cowardly butcher general Palparan
that he orders the murder of unarmed
civilians in the legal democratic movement by way of weakening and destroying the revolutionary movement.
Cynically, he has called the extrajudicial killings “collateral damage.”
The regime’s Cabinet Oversight
Committee for Internal Security (COCIS), composed of General Eduardo Ermita together with National Security
Adviser Norberto Gonzales, Justice
Secretary Raul Gonzalez, Defense Secretary Avelino Cruz, AFP Chief of Staff
Gen. Generoso Senga, and PNP Director General Arturo Lomibao, plans and
directs the extrajudicial killings of suspected members or supporters of the
revolutionary movement.
Many of the extrajudicial killings
have been done by motorcycle riding
assassins who target progressive leaders and members in the regions, provinces and municipalities. Such motorcycle riding assassins were common
during the 1986-1988 period when General Ermita was the AFP Deputy Chief
of Staff for Operations. They were used
to destroy the Partido ng Bayan and
mass organizations in localities.
The pattern of nationwide killing
of suspected members or supporters of
the revolutionary movement follows
the Operation Phoenix program in Vietnam in the 1960s. At that time, Eduardo
Ermita was in Vietnam together with
John Negroponte, the current head of
all US intelligence agencies. It is within
the COC-IS that policies are made with
the approval of GMA. In one such high
level national security meeting, Norberto Gonzales proposed the assassination of Prof. Jose Maria Sison, as “the
solution to all our [the regime’s] problems.”
The regime’s false allegation of a
purge within the revolutionary movement is meant to further justify more
extrajudicial killings. We have reliable
reports that the regime is now preparing to start murders of civilians on the
national level in the Metro Manila area
and other major cities. It seeks to destroy the legal democratic movement
and to weaken the revolutionary armed
struggle. The intensified tactical offensives of the New People’s Army, with
broad support of the people, are dealing ever stronger blows against the regime.
This murderous anti-people and
anti-national regime is bound to face
the wrath of the people. The broad
united front and revolutionary armed
struggle are growing in strength. The
Arroyo regime is practically pushing
the broad masses of the people to intensify revolutionary armed struggle.
Thus, it is now known as unwittingly
the best recruiter of the people’s army.
q



2. Press Statement, 21 May 2006
M e t h o d i n t h e m a d n e s s of the Arroyo regime
By Prof. Jose Maria Sison
NDFP Chief Political Consultant
There is method in the Arroyo regime’s madness of making me appear
as responsible for all the alleged acts
of the Communist Party of the Philippines (CPP) and New People’s Army
(NPA) and for what are actually the
most fantastic intrigues that the regime
69
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NDFP Human Rights Monitoring Committee
itself concoct such as the lies that I have
ordered the accomplished killing of the
hundreds of patriotic and progressive
activists in the legal arena and the prospective killing of the fake president
Arroyo, her top subalterns and opposition leaders.
The method in the madness involves
the following objectives:
1. To caricature the CPP, NPA and
other revolutionary forces as dependent
on a single person so many thousands
of miles away and to belittle the revolutionary will and organized strength of
the Filipino people.
2. To draw attention away from the
regime’s culpability for the bloody assaults under the Oplan Bantay Laya on
the broad masses of the people in the
guerrilla fronts and on patriotic and
progressive activists in the legal arena.
3. To justify and pave the way for
further bloody assaults on the people
and the legal patriotic and progressive
forces at the local, provincial, regional
and national levels.
4. To break up the broad united
front against the Arroyo regime in the
legal arena by spreading the intrigue
that the CPP and NPA are out to kill
the leaders of both the regime and the
opposition and probably by initiating
the assassination of opposition leaders
and the dispensably unreliable officials
of the regime.
5. To further vilify the NDFP chief
political consultant as a “terrorist” and
pressure the NDFP to capitulate or else
to shut all doors to the resumption of
peace negotiations.
While there is method in its madness, the Arroyo regime itself is overwhelmingly more mad than methodical
and is unwittingly generating political
turmoil, contrary to its boasts of being
able to pacify and govern the country.
Blinded by hubris, the regime overestimates its ability to keep itself in power
through sheer violence and deception.
It is in fact driving the broad masses of
the people and various political forces to unite and engage in all forms of
struggle.
It is obvious that the regime is compelling the revolutionary forces to intensify the guerrilla offensives on favorable rural terrain and at the same
time to increase its efforts to punish the
worst officials of the Arroyo regime. As
the outraged people, the families, colleagues and friends of the victims of
state terrorism cry out for justice, how
else can the revolutionary forces uphold and demonstrate their integrity
and counter their enemy’s intrigues
that they kill their own members and
allies?
In the face of the regime’s scheme to
murder the national leaders and activists of the mass movement and opposition parties and blame the revolutionary forces, are not the people and the
armed revolutionary movement justified to undertake the necessary actions
against the highest officials of the Arroyo regime who are criminally liable
for the carnage? It is my personal estimate that the revolutionary forces are
now considering how to counteract the
vile acts and threats of the regime. q



3. Press Statement, 29 June 2006
A r r o y o r e g i m e t r i e s bu t f a i l s
t o g l o s s o v e r i t s e x t ra j u d i c i a l
k i l l i n g s o f po l i t i c a l o ppo n e n t s
By Prof. Jose Maria Sison
NDFP Chief Political Consultant
By using the ploy of abolishing the
death penalty for the worst common
criminals, the Arroyo regime tries but
fails to gloss over its extrajudicial killings of hundreds of political opponents.
The whole world knows Oplan Bantay
Laya is a national campaign plan to at-
The Lies of GRP Officials on Extrajudicial Killings
tack the people in suspected guerrilla
fronts and those who oppose the regime in the legal political arena.
Philippine and international human
rights organizations have documented
the extrajudicial killings of 690 men and
women and the abduction and probable
torture and murder of 180 others. All
the victims are known to have actively
exercised their freedom of opinion and
expression, have opposed the policies
of the Arroyo regime and have called
for the ouster of Gloria M. Arroyo and
for a change of government.
Gloria M. Arroyo and her cabinet
oversight committee on internal security are directing and micro-managing
Oplan Bantay Laya for the vain purpose
of weakening and destroying the broad
united front of opposition forces by unleashing all-out war against the armed
revolutionary movement as well as
against the legal democratic movement.
They have boasted that they could use
the abolition of the death penalty for
the worst common criminals to effect
my deportation from The Netherlands
to the Philippines. They are once again
showing off that they can extend their
hand of persecution to where I am. In
fact, they are merely exposing themselves as ignoramuses in international
law.
The European Convention on Human Rights (ECHR) and the Refugee
Convention prevent the Dutch government from returning me to the Philippines. Article 3 of the ECHR prohibits
the Dutch government from forcing me
to return to the Philippines or any other
country where I am at risk of being subjected to torture, inhuman and degrading treatment or punishment.
The extrajudicial killings and the
abductions of the political opponents of
the Arroyo regime underscore the condition of rampant torture and inhuman
and degrading treatment in the Philip-
pines. The abolition of the death penalty for the worst common criminals fails
to dispel the fact that hundreds of the
political opponents of the regime have
been murdered and abducted for probable torture and murder.
There is no extradition treaty between the Dutch and Manila governments. Even if there were one, politically-motivated charges invalidate a
request for extradition. From year to
year, the Arroyo regime fabricates and
hurls the charges of rebellion and the
common crime of murder against me.
But these have no factual and legal basis. Under Philippine and international
law, the Manila government has no jurisdiction over my person while I am in
The Netherlands. And neither has the
Dutch government any jurisdiction over
Philippine events and circumstances.
According to the Philippine Supreme Court in its recent ruling against
General Order No. 5 of Proclamation
No. 1017, there are no acts of terrorism
in Philippine law and jurisprudence.
The US, European and other governments have made fools of themselves
by listing me as a “terrorist” upon the
urging of the Arroyo regime. Until now,
no government dares to start any criminal investigation or prosecution on this
foolish allegation against me. q



4. Press Statement, 8 August 2006
NDFP Monitoring Committee
r e i t e ra t e s p r o po s a l , c a s t i g a t e s
negative reaction of GRP
officials
By Fidel V. Agcaoili
Chairperson, NDFP Monitoring
Committee
Within the frame of the work of the
Joint Monitoring Committee (JMC) in
the Comprehensive Agreement on Respect for Human Rights and Interna-
71
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NDFP Human Rights Monitoring Committee
tional Humanitarian Law (CARHRIHL)
as further elaborated in the Operational Guidelines for the Joint Monitoring
Committee, the National Democratic
Front of the Philippines (NDFP) Monitoring Committee (MC) reiterates its
proposal to its counterpart in the Government of the Republic of the Philippines (GRP)-MC to form an ad-hoc
committee that will conduct joint factfinding investigations into the recent
cases of disappearances of unarmed civilian activists and captured suspected
revolutionaries.
The ad-hoc committee shall be composed of the nominated independent
observers of the GRP and NDFP in the
JMC and three members each from the
GRP and NDFP nominated sections in
the Joint Secretariat (JS). To ensure the
safety and security of the ad-hoc committee, a representative each from the
Royal Norwegian Government (RNG)
and the International Committee of the
Red Cross (ICRC) shall sit as observers in the committee and shall join all
fact-finding investigations. There is no
excuse for the GRP to refuse the NDFPMC proposal.
The reactions of the PNP Director
General Oscar Calderon and Philippine
army chief Lt. General Romeo Tolentino
to the proposal of the NDFP Monitoring
Committee expose their ignorance of
the content of the CARHRIHL, particularly the equal relations of the NDFP
and GRP sections of the Joint Monitoring Committee. Calderon is wrong in
presuming that the NDFP is subordinate to the PNP even as he pretends to
welcome the NDFP proposal. Tolentino
is worse for making a completely hostile reaction by outrightly rejecting the
proposal and making false accusations
against the revolutionary movement.
However, the worst reactions have
come from national security adviser
Norberto Gonzales and his mentor, Je-
suit priest Fr. Romeo Intengan, who is
reputed to be an unofficial adviser of
Gloria M. Arroyo. They do not only reject the NDFP proposal but they also
justify at length the extrajudicial killings and disappearances committed by
the military death squads of the Macapagal-Arroyo regime.
First, they label the victims communists or communist sympathizers/
supporters and insinuate that they are
therefore without human rights and are
subject to extermination by the military
and police. Then they make the preposterous claim that the victims were
killed or disappeared in so-called internal purging. They are actually providing the military rationale for the
continued extrajudicial killings and
disappearances of unarmed civilian activists and captured suspected revolutionaries, in complete disregard of human rights covenants and international
humanitarian law.
With their rabid anti-communist
blinders, Gonzales and Intengan deny
the following facts:
1. The testimonies of witnesses and
the victims-relatives on the identities
of the perpetrators, the circumstances
of the killings and disappearances, and
the known organizational affiliation
of most of the victims who belonged
to the militant legal democratic movement opposed to the corrupt and brutal
Arroyo regime;
2. The pattern and brazenness of the
killings which only persons in authority and with resources can perpetrate
with no fear of prior discovery and arrest (usually warning the victims first
of their activities as in the case of Noli
Capulong, visiting them as in the case
of Sotero Llamas, or identifying them
as NPA supporters as in the case of
Juvy Magsino; the use of motorcycles or
tinted vans with no plate numbers; the
assassins wearing bonnets or brazenly
The Lies of GRP Officials on Extrajudicial Killings
entering houses and shooting their victims in the presence of their families);
3. The intimidation and harassment
of witnesses like those who witnessed
the abduction of Eden Marcellana and
Eddie Gumanoy; and the killings of
witnesses like those of Isaias Manano
in Oriental Mindoro who witnessed the
killing of Choy Napoles, Marcelino Beltran who testified against the military
on the Hacienda Luisita massacre, and
Ofelia “Perla” Rodriguez who testified
against Jovito Palparan in a public forum;
4. The lobbying by the Arroyo regime with the US and European governments for the inclusion of the CPP,
NPA and Prof. Jose Maria Sison in the
so-called terrorist list which was then
used conveniently to justify the extrajudicial killings and disappearances of
so-called terrorists;
5. The escalation of extrajudicial
killings and disappearances after the
launching of Oplan Bantay Laya in
2002, hoping to ride on the US war of
terror against legitimate national liberation movements and countries asserting national independence;
6. The promotions, rewards and
praises heaped by Gloria MacapagalArroyo on identified human rights violators and electoral manipulators such
as Hermogenes Esperon, Romeo Tolentino and Jovito Palparan, which make
international human rights observers
conclude that a climate of impunity exists in the country;
7. The observation of the Royal Norwegian Government that it is unlikely
that the killings nor trend of killings
can be explained away as purges being
committed within the progressive Left
movement; and
8. The results of numerous national
and international fact-finding missions
which found the Arroyo regime culpable for systematic and widespread vio-
lations of human rights such as those
conducted by the World Council of
Churches, the International Solidarity Mission, the Citizens’ Congress for
Truth and Accountability, an investigating team of Amnesty International,
a delegation of women lawyers from
the National Lawyers Guild of the US,
the Lawyers for Lawyers and Lawyers
Without Borders of The Netherlands
and Belgium, and the Hong Kong FactFinding Committee, among others.
GRP’s National Security Adviser
Norberto Gonzales and Jesuit priest Fr.
Romeo Intengan are professional anticommunist witch hunters, who are no
different from the inquisitors during
the medieval period in Europe and the
McCarthyites of recent times. These
bloodthirsty ultra-reactionaries cannot
claim moral ascendancy over the NDFP
nor pretend to know more about its
workings.
Gonzales and Intengan like to call
themselves social-democrats. But they
are a far cry from, or have no affinity
whatsoever with, the European variety that tends to uphold the libertarian
tradition of the bourgeoisie. This anticommunist duo are more of the clerico-fascist type of Franco’s Falangists in
Spain and the Philippines. q



5. Press Statement, 19 August 2006
G M A i s m a s t e r m i n d o f n a t i o n w i de s l a u g h t e r of legal activ ists
By Prof. Jose Maria Sison
NDFP Chief Political Consultant
Philippine-based and international human rights organizations and
fact-finding missions have gone to the
scenes of the crimes of extrajudicial killings and abductions of legal activists.
They have examined all available evidence and the testimonies of surviving
73
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NDFP Human Rights Monitoring Committee
victims and other witnesses among the
close relatives, neighbors, friends and
colleagues of the victims in the mass organizations, churches and professional
associations.
They have exerted due diligence to
make their findings and conclusions.
They deserve all commendations for
bringing to light the truth about the
extrajudicial killings and abductions
perpetrated by the death squads of the
Arroyo regime. They are motivated by
a high sense of justice and respect for
the human rights of the hundreds of
victims, including workers, peasants,
women, youth, teachers, students, human rights advocates, lawyers and
judges, pastors and priests, journalists
and environmentalists.
They have found it useless and even
dangerous to depend on the scanty,
partial and misleading sham investigations done by the Philippine National
Police (PNP) and the Armed Forces of
the Philippines (AFP). However, they
have accorded due respect to the Commission on Human Rights for having
acted on complaints and for having
held the government responsible for
failing to stop so many extrajudicial
killings and abductions and allowing
these to proceed with impunity.
It has long been an “open secret”
that no less than Gloria M. Arroyo is
in charge of the US-instigated scheme
to use state terrorism to destroy the
revolutionary movement in the Philippines under the US policy of “war on
terror.” Phoenix Program veteran executive secretary Eduardo Ermita and
another US factotum, national security
adviser Norberto Gonzales, have long
proclaimed that the legal activists are
being killed because they are allegedly
communists and that anyway the communists could also be blamed for carrying out “purges.”
Under her over-all direction, the
cabinet oversight committee and the
anti-terrorism task force have planned
and carried out Oplan Bantay Laya,
with one component using the military
and police forces to assault the armed
revolutionary movement in suspected
guerrilla fronts, and the other component using death squads to murder
and abduct legal activists. Arroyo also
seeks to keep herself in power by weakening or destroying both the legal opposition and the armed revolutionary
movement.
Oplan Bantay Laya is patterned after the murderous Phoenix Program,
carried out by the US in its war of aggression against Vietnam in the 1960s.
The national internal security plan of
the Arroyo regime aims to discredit
the revolutionaries and their suspected
supporters in every possible way and
then use death squads with unwritten
orders to kill the suspected supporters and blame the revolutionaries for
the murder. It is a dirty game being replayed by US agents and their assets in
the Philippines, like Arroyo, Eduardo
Ermita and Norberto Gonzales.
Confronted by the findings and conclusions of the human rights organizations and fact-finding missions, Gloria
M. Arroyo makes pretenses only this
year at taking action on the widespread
complaints against the extrajudicial
killings and abductions of legal activists. In May she pretended to launch
Task Force Usig. But this would preoccupy itself with putting the blame on
the revolutionaries, on the victims for
supposedly being associated with the
revolutionaries and on their relatives
for refusing to be investigated.
In her state-of-the-nation address
(SONA) in July, she pretended to condemn the extrajudicial killings but
gave high praise to the most notorious
butcher, General Palparan. Then she
T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 7 5
pretended to demand the solution of
10 cases in ten weeks’ time. Before public derision for this piece of tokenism
could subside, more victims were shot
dead by the death squads. The psywar
mills of the palace, the national security
adviser, the AFP and PNP spewed out
the lie that the revolutionaries were engaged in “purges.”
Hard pressed by the telling reports
of human rights organizations, especially Amnesty International, Gloria M.
Arroyo has artfully announced that she
would form a commission to undertake
the investigation of the killings of journalists and legal activists. But such a
commission is actually intended to pull
the rug from under the already existing
Commission on Human Rights. It can
only depend on the sham investigations
of the police agents of Arroyo and can
only end up with trying to uphold the
malicious claims of the regime against
the victims, the legal opposition and
the revolutionary movement.
No solution to the extrajudicial killings and abductions can be expected
from the tyrant herself, the practitioner
of state terrorism and mastermind of
the nationwide slaughter of legal activists. And no real and honest investigation can be expected from the PNP, the
AFP and the department of justice because their preoccupation is to cover up
and let the death squads continue their
dirty work, to put the blame on the victims and the revolutionaries and to discredit the human rights organizations
and fact-finding missions that have exposed the truth.
Under the present circumstances,
the people are looking for various ways
to obtain justice beyond the confines
of the oppressive regime. The current
reign of terror and greed is generating
popular resistance. The time will certainly come for satisfying the people’s
demand for justice and punishing the
criminals. q



6. CPP Information Bureau Press
Release, 26 August 2006
A r r o y o ’s “ B l a m e t h e N PA ” s pi n
c a m pa i g n b o u n d t o f a i l — C P P
The Communist Party of the Philippines (CPP) today said a “Blame the
NPA” spin campaign is obdurately and
maliciously being carried out by the
Arroyo regime to cover up its responsibility for the political killings perpetrated under its orders by its own
military, paramilitary and police forces, and deflect the flak from local and
international human rights advocates,
civic organizations, church groups and
many others appalled at the regime’s
worsening human rights record.
CPP spokesperson Gregorio “Ka
Roger” Rosal said that “Under the lead
of Arroyo and her national security
cabinet cluster, her military and police
officials have acquired the bad habit of
automatically blaming political killings
on the NPA. They are honing their skills
at fakery and concocting one fairy-tale
after another.”
“They are doing so to allow the
real fascist criminals – none other than
themselves and their henchmen – to escape responsibility and deny justice to
the victims,” added Rosal.
With the Arroyo regime obviously
fixated on its “Blame the NPA” spin,
Rosal has become even more skeptical that any so-called investigation ordered by President Gloria Arroyo will
ever unearth the truth.
Rosal pointed out how the PNP’s
Task Forces Usig made the “absurd
claim” several days ago that three
prominent progressive leaders from
Eastern Visayas were killed by the NPA
for “financial opportunism.” The Task
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NDFP Human Rights Monitoring Committee
Forces Usig was assigned supposedly
to investigate the spate of political killings of activists and media practioners.
Rosal “vehemently denied” that
NPA was responsible for the killing of
Paquito “Pax” Diaz, chairman of the
Confederation for the Unity, Recognition and Advancement of Government
Employees (Courage)-Eastern Visayas;
lawyer Fedelito C. Dacut, regional coordinator of Bayan Muna-Eastern Visayas; and Rev. Edison Lapuz, council
member of the Promotion of Church
People’s Response in Eastern Visayas.
Rosal expressed that the organizations to which these victims belonged
deny the spurious and malicious allegations and attest to the spotless integrity of their character and their selfless
devotion to their causes and the primacy of the people’s interest.
“We were informed that Diaz, Dacut
and Lapuz were all beyond reproach,
respected and loved by the people they
helped organize in the fight for justice
and redress of grievances and in the
struggle for democratic rights and welfare of these people,” Rosal said. “It is
extremely foul for the Task Force Usig
to claim that the three were killed because they were engaged in so-called
financial opportunism. The PNP has
resorted to such dirty tactics with the
vilest double-intent of sullying the prestige and reputation not only of the NPA
but also of the victims themselves.”
Rosal also dismissed as “totally ridiculous” the claim by Task Force Usig
that the NPA was behind the killing of
former CPP-NPA leader Sotero Llamas
in Albay, as well as that of Hermilito
Marqueza, leader of the Kapunungan
sa mga Maguuma sa Surigao del Sur
(United Farmers Union of Surigao del
Sur, a local chapter of the Kilusang
Magbubukid ng Pilipinas).
Rosal said that the Arroyo regime in
chorus with the AFP and PNP is again
deliberately trying to further muddle
the issue by now bringing into the picture other so-called Leftist groups the
CPP-NPA considers as traitors and collaborators with the AFP and PNP. “The
regime is trying to create more bloody
intrigue by now including these renegades among those to be blamed for
the political killings. The regime now
wants the political killings done by
the regime and its military, police and
paramilitary forces to also insinuate
an internecine fight between the CPPNPA and renegade groups.” Rosal noted that the police—and Gloria Arroyo
herself—has blamed a supposedly selfconfessed member of a pseudo-Left
group for the murder last Thursday
of labor lawyer Rodolfo Paglinawan,
union counsel of workers in PurefoodsHormel in Marikina City. q
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
7. CPP Information Bureau Press
Release, 9 September 2006
I n pr o m o t i n g Pa l pa ra n , A r r o y o
pr o m o t e s h i s br u t a l f a s c i s t
m e t h o ds n a t i o n w i d e — C P P
CPP spokesperson Gregorio Rosal
issued the following statement in reaction to Malacañang’s announcement
yesterday of Maj. Gen. Jovito Palparan’
promotion as National Security Council (NSC) deputy for counter-insurgency operations upon his retirement from
the Philippine Army on September 11:
“In Gloria Arroyo’s last State of the
Nation address, she unabashedly declared her appreciation and admiration
for Maj. Gen. Jovito Palparan’s fascism
and his bloody record of human rights
abuses and military suppression. Her
promotion of Palparan to the NSC is
another demonstration of her delight
at her fascist general and a nationwide
endorsement of his brutal fascist methods.
The Lies of GRP Officials on Extrajudicial Killings
Palparan’s promotion graduates
him from his brutal experiments in Mindoro, Eastern Visayas, Central Luzon
and officially extends throughout the
whole nation and with greater intensity and ruthlessness his fascist methods
of murder, Gestapo-like abductions,
torture, illegal detentions, saturation
drives, cedula requirement, population
control and other forms of virtual martial rule in areas which the military suspects to be under revolutionary control
or influence.
As Arroyo repeatedly expresses her
intense pleasure at General Palparan’s
fascism, she further exposes her utter
contempt for human rights and for the
victims of General Palparan’s martiallaw style abuses in Mindoro, Eastern
Visayas, Central Luzon and elsewhere,
as well as other victims of her regime’s
gross human rights violations.
At the same time, Arroyo signals to
the entire Armed Forces of the Philippines (AFP) and its numerous death
squads attached to the various local
military commands the escalation of
armed attacks against the legal protest
movement and unarmed civilians even
in urban and town centers.
As head of various units of the Philippine Army, General Palparan has
been the devoutest and most blatant
implementor of the Arroyo regime’s
national security policy of liquidating,
abducting and torturing unarmed activists and terrorizing legal, democratic
mass organizations and the communities under their influence.
By putting him in the NSC, Palparan’s openly militarist fascism is
combined with Norberto Gonzales’
clerico-fascism. Arroyo wants the rabid
fascist tandem to take charge of designing, laying down and supervising the
nationwide implementation of policies
and orders for more vicious attacks
against the people, particularly the rev-
olutionary forces, the legal, democratic
movement and other opposition forces.
We enjoin the patriotic and democratic officers and members of the armed
forces and police to protest and reject
General Palparan’s appointment to the
NSC.
General Palparan’s promotion emphasizes the need for all the people to
intensify their struggle to defend their
human rights, seek justice for the hundreds of thousands of victims of fascist
and military abuse and demand the
ouster of the rotten and detested Arroyo regime.
Arroyo’s blatant display of love for
the cruelest and most notorious fascists
underscores the urgency for the revolutionary forces and the entire Filipino
people to more vigorously carry forward the people’s war and help in accelerating the downfall of the increasingly fascist US-Arroyo regime.” q

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
8. Press Statement, 14 September 2006
Clear signs that GMA will
n o t s t o p bu t w i l l e s c a l a t e
e x t ra j u di c i a l k i l l i n g s
By Fidel V. Agcaoili
Chairman, NDFP Human Rights
Committee
Gloria M. Arroyo is the one most
benefited by the extrajudicial killings
of those who legally oppose her rule.
She is known to brag that she cannot
be removed from power so long as she
can preempt and neutralize her Left political opponents with the extrajudicial
killings and the breakup of protest rallies before these grow big.
Although she is now being exposed
as the mastermind of the extrajudicial
killings, she is not at all deterred and
is in fact showing clear signs that she
will not stop but will escalate the extrajudicial killings and abductions of pro-
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gressive legal activists who oppose her
regime.
1. She has refused to heed the advice of Sen. Aquilino Pimentel to act as
the de facto commander-in-chief and issue the order to the military, police and
death squads to cease and desist from
further committing their dastardly acts.
The death squads are actually composite teams of killers from the military
and police under the direct operational
orders of military intelligence groups.
2. She has not instructed the Cabinet
Oversight Committee on Internal Security and the Presidential Task Force
Against Terrorism headed by General Eduardo Ermita to scrap the policy
of mass murder under Oplan Bantay
Laya and to stop giving over-all direction to the extrajudicial killings and abductions and to the psywar campaign
of slander and intrigue by putting the
blame for the crimes on the revolutionary forces.
3. She encourages the spread of intrigue by her top cabinet officials (especially the executive secretary, national
security adviser, justice secretary and
press secretary) and the military and
police that the revolutionary forces
are killing the legal activists, despite
the overwhelming testimonies that
the military and police are the killers,
from the surviving victims, witnesses
and the close relatives, colleagues and
friends of those extrajudicially killed.
The butcher type of generals like Jovito Palparan, Pedro Cabuay and Romeo
Tolentino have been promoted rapidly
and are further rewarded with appointments that allow them to continue their
dirty work even after retirement.
4. She encourages the propagandists
of her office, her national security adviser, her press secretary and the military and police to churn out the most
vicious lies against NDFP chief political consultant Prof. Jose Maria Sison,
NDFP negotiating panel chairperson
Luis Jalandoni and Bayan Muna Rep.
Satur Ocampo. They are blamed for the
most obvious fabricated allegations in
order to deflect attention from the current infamy of Arroyo and the killing
spree of the military and police under
the Arroyo regime.
5. She has formed Task Force Usig
of the PNP to cover up the criminal responsibility of the military and police
and to put the blame on the revolutionary forces for the extrajudicial killings.
Before it could solve only 10 cases in
ten weeks, the number of extrajudicial
killings leaped from 720 (at the time of
its formation) to 750 (as of this date).
6. She has formed the Melo Commission for whitewashing purposes. It
is composed mostly of barefaced lackeys of the regime. It has no independence. It gets its measly resources from
the military. It is dependent on the false
claims of the Task Force Usig. It is obviously intended to counter the Commission on Human Rights.
7. She has pretended to welcome
fact-finding missions from European
countries. But she is actually trying to
counter the findings and recommendations of the factfinding missions of
Amnesty International, World Council of Churches and the professional
organizations of journalists, lawyers
and others. She has refused to welcome
the visits of the rapporteurs of the UN
agencies dealing with human rights issues. In this regard, she has ignored the
demands of Sen. Jamby Madrigal.
No matter how tricky and treacherous, the Arroyo regime will not be
able to escape an ignominious end. The
broad masses of the people will ultimately get rid of a regime that is so despicably servile to foreign interests and
so greedy, corrupt, brutal and mendacious. q
The Lies of GRP Officials on Extrajudicial Killings

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
9 . P r e s s S t a t e m e n t , 1 6 S e pt e m b e r 2006
Arroyo cannot be expected t o
comply with memorandum o f
Amnesty International
By Prof. Jose Maria Sison
N D F P C hi e f Po l i t i c a l C o n s u l t a n t
Driven by self-interest and malice,
Gloria M. Arroyo cannot be expected
to comply with the memorandum of
the Amnesty International for ensuring
that the Melo commission is transparent, its investigation is independently
conducted and leads to accountability
and justice for the victims, in accordance with international standards and
principles of inquiry for independent
commissions on human rights violations.
In the first place, the extrajudicial
killings and adductions of unarmed
legal activists who oppose the Arroyo
regime have been perpetrated with impunity by the military, police and death
squads within the framework of Oplan
Bantay Laya under the US-dictated policy of “anti-terrorism” and have served
Arroyo in her drive to suppress opposition and to retain power.
Arroyo created the Melo commission in a futile attempt to counter the
findings and conclusions of fact-finding
missions of local and international human rights organizations, churches and
professional organizations of journalists, lawyers and others and to mislead
the people of the Philippines and the
world who have been outraged by the
extrajudicial killings and abductions.
The Melo commission is a complete
creature and tool of Arroyo. It consists
mostly of barefaced flunkeys of her regime. Its measly funding comes from
one of the departments under Arroyo.
It depends on the sham investigation
and disinformation done by the mili-
tary and police forces that are the ones
accused of the extrajudicial killings and
abductions by the surviving victims
and the colleagues, close relative and
friends of those who have been murdered or disappeared.
The Melo commission has not given
priority to looking into the complaints
about 752 victims of extrajudicial killings and 185 abductions of leaders of
party list groups, trade unionists, peasants, youth and students, women, journalists, human rights advocates, lawyers, judges, priests and pastors and
other victims. The cases of these are
well-documented by the human rights
organizations independent of the Arroyo regime.
But the Melo commission has given
highest priority to giving AFP chief of
staff Hermogenes Esperon a platform
for asserting that the military establishment is innocent of the extrajudicial
killings and abductions and for slandering the revolutionary forces and
putting the blame on them. The commission has also given the PNP Task
Force Usig the platform for peddling
the patent lie that 36 per cent of the
aforesaid crimes are committed by the
revolutionary forces.
The brazen lie of the reactionary
military and police that the revolutionary forces kill and abduct progressive
legal activists is calculated to facilitate
further extrajudicial killings and abductions. This crime of bloody intrigue
was a favorite dirty tactic of US psywar
experts in the Phoenix Program in Vietnam in the 1960s. The Melo commission
is designed to justify further extrajudicial killings and abductions and not
to stop them. The people have better
chances of seeking justice by engaging
in various forms of struggle and ousting the Arroyo regime. q



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NDFP Human Rights Monitoring Committee
1 0 . P r e s s S t a t e m e n t , 2 O c t o b e r 2 006
Sham investigation proves
Arroyo is engaged in double t a l k
B y F i d e l V. A g c a o i l i
C h a i r pe r s o n , N D F P H u m a n R i g h t s
Committee
By now, it should be clear that the
Arroyo regime’s much-hyped investigation of the string of extra-judicial
executions, abductions and enforced
disappearances committed by her own
death squads and special psyops victimizing outspoken critics and other
progressive forces is just a big sham.
What is happening since the President
of the Government of the Republic of
the Philippines (GRP) Gloria M. Arroyo
pledged to look into these cases is actually more killings, a counter black propaganda, more deceptions and, worst
of all, whitewashing.
More than a month after its formation, all that Arroyo’s Melo Commission
has accomplished is to confirm wellfounded suspicions that it is nothing
but a whitewashing mechanism whose
task is to exculpate the reactionary
president and her generals from liability for the killings. Meantime, attempts
are being made by the reactionary government to make investigations of recent human rights incidents more dangerous as it gears for the escalation of
extra-judicial killings, abductions and
enforced disappearances.
Members of the Melo Commission
are just following the script already
contrived by Arroyo and her generals.
First, they violate the basic tenets of investigation by calling on the suspects
first – including the butcher general,
Jovito Palparan, and Armed Forces of
the Philippines chief Gen. Hermogenes
Esperon, Jr. – to use the forum to exonerate themselves and blame the New
People’s Army (NPA) for the killings,
instead of inviting the grieving fami-
lies of victims to hear their complaints.
By harping that there is no “direct evidence” to link Palparan to the killings,
to quote their own chief legal counsel,
they make sure that the families of the
victims – along with their eyewitnesses
and evidences – will shut themselves
out of the investigation forever.
As the mock investigation is truly unmasking itself as a cover up for
the masterminds and the executioners
alike, efforts are being made to cover
the tracks of perpetrators of political
killings. The national police, which is
the military’s conduit in Oplan Bantay Laya, is fully cooperating with the
AFP in making sure that the identities
of death squads and special psyops responsible for the spate of extra-judicial
killings and other atrocities remain secret and that investigations conducted
by non-government human rights organizations are made more hazardous.
Recently, the AFP and the Philippine National Police (PNP) signed a
memorandum of agreement directing
the police to cordon off “conflict areas”
and “scenes of the crime” from human
rights organizations, civilians and other volunteer groups at the risk of being
arrested for “rebellion” or “obstruction
of justice.” The agreement will make
politically-motivated killings and other
atrocities to be committed with greater
impunity and further shields the perpetrators from investigation and prosecution.
Elsewhere, investigations being
done by some concerned members of
the House of Representatives on the
killings have also been suspended. For
months, the reactionary regime’s Department of Justice has been sitting on
about 450 human rights cases that the
Commission on Human Rights has investigated and submitted to the DOJ
for immediate prosecution.
The Lies of GRP Officials on Extrajudicial Killings
Proof that the reactionary regime is
bent on escalating its political persecution campaign while mouthing lies that
it intends to put a stop to the killings is
the billions of pesos it has committed
for the AFP-PNP’s counter-insurgency
campaign while giving only crumbs
for the Melo Commission. Arroyo has
also received commitments from the
US Pacific Command to send more special forces to the Philippines to conduct
counter-insurgency training and unconventional warfare – the euphemism for
political assassinations – for the AFP.
The AFP, in turn, will continue to reorient the PNP in counter-insurgency.
It is clear that the reactionary Arroyo regime, so despised by the Filipino
people, continues to engage in doublespeak. It makes the motions of investigating the string of political killings in
order to appease international human
rights organizations and institutions
but is in fact erecting more walls and
shields for its genocidal operations.
No wonder more and more Filipinos suspect that the Melo Commission is nothing but a reserved part of
the regime’s Oplan Bantay Laya whose
role is to make the commission of extra-judicial killings, abductions and enforced disappearances without any legal encumbrance by making sure that
the security forces are exonerated from
these crimes against humanity and in
conditioning the public mind that the
killings are just part of the revolutionary movement’s “internal purge.”
Nobody is buying these tricks, however.
It is high time for the Filipino people and their mass organizations, as
well as international organizations and
institutions to keep up the pressure on
the despicable Arroyo regime and resist
the fascist terror that it has unleashed
on the masses, particularly against its
most vocal critics and political dissenters. q



11. Press Statement, 31 January 2007
N D F P ’s r e s po n s e t o t h e C B C P
s t a t e m e n t o n e x t ra j u d i c i a l
killings
By Luis G. Jalandoni
Chairperson, NDFP Negotiating Panel
The National Democratic Front of
the Philippines (NDFP) welcomes the
statement of the Catholic Bishops’ Conference of the Philippines (CBCP) in
condemning the extrajudicial killings
of activists, which adds in particular
that the Arroyo government and the
military’s response to these incidents is
“not too convincing.”
However, the CBCP statement
signed by its President, Archbishop Angel N. Lagdameo, D.D., on January 28,
2007 is tame in comparison to the positions of concern taken by many other
Church organizations as well as human
rights institutions from the Philippines
and abroad. Alarmed by the unabated
killings and involuntary disappearances of suspected Leftists, their expressions of concern have pointed to
the government security forces as the
perpetrators of the extrajudicial killings and involuntary disappearances
as they criticized also the investigation
bodies formed by Ms. Gloria M. Arroyo
as either a failure or as intended to cover up the responsibility of the state security forces.
We take exception to the CBCP
statement pointing to the extrajudicial
killing of farmers as also perpetrated
by “leftist” groups and by the New
People’s Army when their only “crime”
to quote the statement, “is their inability to pay the ‘revolutionary tax’ demanded of them by the NPA.” We ask
the CBCP to take prudence instead of
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saying that “leftist groups” are also behind the killings considering that this is
the same line mouthed by the regime’s
psywar and disinformation agencies.
The Catholic leadership may fall into
the trap of being used by the perpetrators themselves.
We would like to emphasize that the
NPA, whose main force is the peasantry long subjected to feudal exploitation
and oppression, does not exact “revolutionary tax” from the peasants much
less “kill” them for failure to obey.
Since its founding, the NPA has been
in the frontline of launching agrarian
revolution in the countryside, in particular, carrying out the reduction if not
elimination of big landlord usury and,
in areas where conditions are ripe, undertaking forms of land distribution.
NPA cadres and members have continuously carried out literacy and medical
campaigns especially in areas where
the masses have not seen any form of
government service for decades.
The NPA has scored great successes
in addressing the peasants’ basic problems and in empowering the poor toward social and economic restructuring.
But perversely, the U.S.-backed Arroyo
regime has reacted by stepping up militarization in the countryside leading
to the gross and systematic violations
of human rights and flaunting the regime’s sham Comprehensive Agrarian
Reform Program (CARP) which the Filipino peasantry has long ago rejected.
Despite the reactionary regime’s relentless campaigns against the NPA and
its alleged front organizations’ leaders
and members, the NPA has expanded to
more than 120 guerrilla fronts all over
the Philippines. The all-out support extended by the Filipino peasants in many
provinces where the NPA operates and
their readiness to join the people’s Red
Army anytime and anywhere, only
show that the armed revolutionary un-
derground does not need to engage in
imposing “revolutionary tax” the way
all reactionary governments, past and
present, exact billions of pesos in taxes
from the Filipino people that in the end
are pocketed by corrupt politicians and
bureaucrats resulting in the greater impoverishment of the masses.
It is advisable that the CBCP take
into account this reality. We wish to issue a strong call for the bishops to match
their words with action with regard to
the CBCP call for the implementation
of a better CARP by not waiting for any
illusory response by the Arroyo regime
but by immediately extending effective
support to the Filipino peasantry’s collective struggles in the countryside for
genuine agrarian reform and their urgent demand – as endorsed by many
Church organizations in the Philippines and abroad – to end the Arroyo
regime’s militarization of the countryside. q



12. Press Statement, 3 February 2007
U S - A r r o y o r e g i m e i s c u l pa b l e
and accountable for
assassinations under Bantay
Laya I & II
By Fidel V. Agcaoili
Chairperson, NDFP Human Rights
Committee
The survivors and families of victims of political assassinations and
other violations of human rights cannot expect justice under the regime of
GRP President Gloria M. Arroyo for the
plain reason that it is culpable and accountable for these under Bantay Laya
I and II. The fact that Mrs. Arroyo has
refused to disclose the full report of the
so-called Melo Commission confirming
to some small extent military involvement in the killings shows a fear for the
The Lies of GRP Officials on Extrajudicial Killings
truth and a desperate effort to hide her
criminal command responsibility.
Two days ago, Mrs. Arroyo seemed
to confirm long-standing accounts that
government security forces have been
involved in extrajudicial killings and
involuntary disappearances of activists suspected to be “front leaders and
members” of the armed revolutionary
movement, mentioning in particular
the involvement of the “butcher,” former Army general Jovito Palparan. But
just the following day, she exonerated
the entire Armed Forces of the Philippines (AFP) and reiterated the findings
of the discredited Task Force Usig blaming “leftist groups” for the killings, and
human rights organizations for engaging in disinformation.
These latest moves by the Arroyo
regime all the more buttress earlier assertions that the gross and systematic
violations of human rights perpetrated
by security forces is state policy, the
authority for and implementation of
which can only originate from the president and the commander-in-chief of
the AFP.
Mrs. Arroyo has no interest in pursuing the truth behind the atrocities.
She is dependent on the military malefactors for her political survival. She
arrogantly boasted of her brutal counter-insurgency campaign, now dubbed
as Oplan Bantay Laya II. She is actually opposed to letting the military be
subjected to independent investigation.
She fears that such investigation would
most surely link the killings to herself
and her military loyalists. She needs
her generals more than ever to ensure
her party’s “victory” in the coming May
2007 elections.
The European Union and leading
Church institutions are well-advised to
demand the full disclosure of the Melo
Commission report first and criticize
its slanted and largely false character
before they can consider bowing to the
suggestion of Arroyo and her minions
that the commission extends its sham
investigation. What they should do now
is to support demands by human rights
groups and other organizations in the
Philippines and abroad for the creation
of an independent investigation commission that has the power to ferret out
the truth and bring the perpetrators of
these political crimes to justice. q
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

13. Press Statement, 23 February 2007
A l s t o n pr e s s s t a t e m e n t a n d M e l o
C o m m i s s i o n r e po r t h o l d A r r o y o
r e g i m e a n d m i l i t a r y a c c o u n t a bl e
f o r e x t ra j u d i c i a l k i l l i n g s
By Prof. Jose Maria Sison
NDFP Chief Political Consultant
The press statement of the UN special rapporteur on extrajudicial, summary or arbitrary executions Prof. Philip Alston and the report of the Melo
commission put forward important
findings and conclusions that hold the
Arroyo regime and the Armed Forces
of the Philippines (AFP) accountable
for extrajudicial killings and other human rights violations from 2001 to the
present.
Alston asks the top officials of the
Philippine reactionary government to
acknowledge the reality of the extrajudicial killings and to issue a statement
from the very top, from the President,
from the Secretary of Defense, and certainly from the AFP chief of staff saying
that extrajudicial killings will not be
tolerated. He avers that the extrajudicial killings are convincingly attributed
to the military by the victims and their
families.
Alston falls short of spelling out the
culpability of de facto president Gloria
M. Arroyo as AFP commander-in-chief
and her cabinet oversight committee on
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internal security for adopting and carrying out the policy of state terrorism
and the operational plan Bantay Laya I
and II, in line with the Bush global war
of terror.
However, Alston states that the allout war policy has driven a part of the
military to commit extrajudicial killings. He describes as unconvincing the
false claim and intrigue of AFP chief of
staff General Hermogenes Esperon, Jr.
that the victims of extrajudicial killings
are communists but are “purged’ by the
communists on suspicion of being spies
or malversing party funds.
It is well-known that the Communist Party of the Philippines (CPP)
launched the Second Great Rectification Movement in 1992 as an educational movement to reaffirm basic
revolutionary principles and criticize,
repudiate and rectify the grave errors
and crimes committed by renegades
against the right to due process in socalled anti-informer campaigns mainly
in the years of 1985 to 1988.
The report of the Melo commission
repetitiously and obsequiously praises
and exculpates Gloria M. Arroyo and
insults the revolutionary movement.
But it establishes that there is a grave
problem of extrajudicial killings perpetrated by what it estimates as “a small
group of military rogues.” It considers
as credible and convincing the information drawn from sources other than the
families of the victims and the human
rights organization Karapatan that the
military is responsible for the extrajudicial killings.
The Melo report takes to task AFP
chief of staff General Esperon for failing to prevent, investigate and punish those responsible for extrajudicial
killings in accordance with the principle of command responsibility and
the rule of law. The commission holds
General Palparan responsible for the
extrajudicial killings and abductions
of unarmed activists within his previous areas of command and for making
statements condoning and encouraging
these atrocities.
The Melo report exposes the selfcontradictions in the false claim and
intrigue of the military that the extrajudicial killings are the result of an “internal purge” within the ranks of the
revolutionary forces. It finds credible
and convincing the testimonies of the
surviving victims and the families of
the victims. Although the Melo commission was boycotted by them, it was
able to rely on the investigations and
documentation of the Human Rights
Commission and other sources.
The Alston mission is restrained by
considerations of the Philippines being a member-state of the United Nations and having representatives in the
human rights treaty bodies of the UN.
The Melo commission is even more limited by the fact that it is a creature of
Gloria M. Arroyo, lacks independence
and ample resources of its own and
does not enjoy the full confidence of
the families of the victims and the human rights organizations. After trying
to mothball the Melo report because of
its criticism of the military, the Arroyo
regime has been compelled to release
it only because of the demands of UN
agencies, the European Commission,
human right organizations, the general
public and others.
The families of the victims of extrajudicial killings and other human rights
violations and the broad masses of the
people are pleased with the positive
points in the Alston press statement
and the Melo commission. They have
yearned for justice for so long that they
welcome any glimmer of hope. At the
same time, they are concerned that the
Arroyo regime will continue to push the
military, police and paramilitary forces
T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 8 5
to commit more human rights violations in line with Oplan Bantay Laya,
especially after she signs the Anti-Terror Act.
Gloria M. Arroyo has reacted to the
Alston statement and Melo report by
pretending to accept them gracefully
but insisting that 99.9 per cent of her
armed minions are “good.” She lets her
executive secretary Ermita, justice secretary Raul Gonzales and General Esperon badmouth Alston. Without any
sense of honor and shame, Esperon repeats his lies against me in a futile attempt to deflect attention from his exposure as a liar by the Alston statement
and even by the Melo report.
Esperon misrepresents as victims
of the New People’s Army those massacred by the Philippine Army in 1984
in Leyte. He claims that an “internal
purge” within revolutionary ranks
started from that time and has continued up to the present. He is caught
lying by claiming that Satur Ocampo,
Luis Jalandoni and I signed the socalled purge order in Leyte in 1984. At
that time, Satur was detained in Bicutan. I was in solitary confinement in
Fort Bonifacio. And Louie had been a
refugee in Europe since 1977.
Esperon also makes the false claim
that I identified certain legal mass organizations like Bayan, Kilusang Mayo
Uno, Kilusang Magbubukid ng Pilipinas, Gabriela and League of Filipino
students not as legal “national democratic forces” but as “front organizations” of the National Democratic Front
of the Philippines (NDF). He uses an
old doctored film clip of me delivering
a lecture in Brussels, Belgium in 1987.
The military psywar experts conflated
a passage of my speech enumerating
the legal democratic organizations and
another passage mentioning the NDF.
Only an imbecile would dare to misrepresent me as being ignorant of the
underground organizations of the NDF
and confusing them with legal democratic forces in the Bayan multisectoral
alliance. What is the point of Esperon
in making all the foregoing false claims
against me? To “prove” that I have
identified legal organizations as belonging to the NDF and to “justify” the
military in threatening and murdering
legal activists?
So long as the US-directed Arroyo
ruling clique is in power, it is impossible for the victims of human rights
violations to obtain justice through the
legal channels in the Philippines. Before a single military officer can be held
responsible for any of the hundreds of
extrajudicial killings, there shall have
been more victims of human rights violations. And Arroyo shall have signed
the Anti-Terror Act and begun to use it
as a bludgeon to attack the broad range
of opposition forces, especially the legal progressive organizations. The Arroyo regime is goading the people to
wage all forms of resistance. q
v
v
v
14. Press Statement, 9 March 2007
C h a r g e o f m u l t i pl e m u r d e r i n L e y t e i s a pa t e n t l i e
By Prof. Jose Maria Sison
NDFP Chief Political Consultant
Time and again I have denied the repeated false charge by the military that
I am responsible for murders in Leyte
from 1984 to 1986.
The charge is a patent lie, for the
following reasons:
1. I was in the maximum security
detention center of the Armed Forces of the Philippines in Fort Bonifacio
from 1977 onwards. I was in solitary
confinement up to 1985. I was never in
any position from 1984 to 1986 or at any
other time to sign any kind of order to
kill people in Leyte or anywhere else in
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NDFP Human Rights Monitoring Committee
the Philippines . After my release from
military detention in March 1986, I concentrated on writing and speaking on
national issues, organizing the People’s
Party (Partido ng Bayan) and teaching
in the University of the Philippines . I
left for abroad in August 1986 to make
a lecture tour in the Asia-Pacific region
and then Europe.
2. My position as Chairman of the
Communist Party of the Philippines
ended upon my capture by the military in 1977. The military is lying by
claiming that I exercised authority and
signed an order to kill people while I
was in solitary confinement. It is also
a big lie the claim of the military that
Satur Ocampo and Luis Jalandoni cosigned the aforesaid order and that the
false witness of the military was able to
read it in a few seconds. Like me, Satur
Ocampo was in maximum security detention. Louie Jalandoni was abroad as
a political refugee.
3. Through Fr. Santiago Salas as
spokesperson, the NDFP-Eastern Visayas has exposed the fact it was the
Philippines Army that controlled the
area in question as a killing field and
committed extrajudicial killings here
from 1984 onwards. The people in the
same area also aver that the Philippine
Army dug up and desecrated the graves
in an old cemetery in order to produce
many skeletal remains for propaganda
use. The Alston mission criticized as a
hoax the claim of the military that these
remains had come from “mass graves”
of the New People’s Army (NPA).
The military, the prosecution and the
judge are shameless in misrepresenting
a killing field of the Philippine Army
as that of the New People’s Army and
are culpable for serving as the Arroyo
regime’s tools of persecution. The regional trial court judge is irresponsible
for dignifying the patent lie of the military and the prosecutor and issuing the
warrants for the arrest of Bayan Muna
Rep. Satur Ocampo, NDFP Negotiating
Panel chairperson Luis Jalandoni, myself and other people.
The judge proves himself either as a
helpless tool of the Arroyo regime and
the military or practically an ignoramus
in Philippine law by conveniently forgetting that the prescription period for
cases of murder is twenty years and by
disregarding the Hernandez doctrine
that the charge of rebellion absorbs
all other charges. The repeated false
charge of multiple murder in Leyte was
already specified in a previous charge
of rebellion last year.
The false charge of multiple murder
is now wrenched out of the previous
rebellion charge and is being drummed
up in order to deflect attention from the
findings and conclusions of the Alston
mission and the Melo commission that
military special teams or death squads
are responsible for the extrajudicial killing of more than 820 unarmed legal activists and critics of the regime, including the leaders of progressive party list
groups and mass organizations, journalists, religious people, human rights
lawyers and others.
The false charge is also being used
to derail and destroy the electoral
campaign of the progressive party list
groups. Thus, Rep. Satur Ocampo of
Bayan Muna is one of the principal accused. The Arroyo regime is trying to
arrest him and detain him indefinitely
like Anakpawis Congressman Crispin
Beltran on a nonbailable charge.
The false charge is a harbinger of
worse times to come when the Anti-Terror Law is implemented by the Arroyo
regime and state terrorism is further escalated through the proscription of organizations and the consequent punitive sanctions. It shall become so much
easier for the Anti-Terrorism Council to
proscribe and punish organizations and
The Lies of GRP Officials on Extrajudicial Killings
individuals on the basis of intelligence
dossiers and through ex parte rulings
from judges of regional trial courts.
As during the Marcos fascist regime, the victims of extrajudicial killings, abductions and torture by the
military will not obtain justice against
any of the culpable military and police
officers. The 99 special courts created
by the Supreme Court are useless for
the victims and their families because
the de facto president Arroyo encourages her military and police minions to
commit extrajudicial killings and protects them from investigation, prosecution and trial.
Before any victim of extrajudicial
killing can obtain justice, progressive
parties and individuals will be proscribed and punished just by being
listed as “terrorist.” At the same time,
the military, police and their assets will
continue to commit with impunity extrajudicial killings and other human
rights violations.
The dirty tactics of the Arroyo regime and the military, which involve
accusing unarmed legal activists as
“communists” and “enemies of the
state,” murdering them with the use of
death squads and then falsely claiming that the killers are communists, is
now a deeply entrenched state policy.
The Arroyo regime itself is relentlessly pushing the revolutionary forces to
defend their integrity by concentrating
their fire at the oppressors and bloody
intriguers in power.
The dirty tactics of the Arroyo regime and its military are patterned after
the Phoenix Program during the US war
of aggression in Vietnam in the 1960s.
Such crimes of bloody intrigue are currently inspired by the Bush global war
of terror. The US and Arroyo regime are
unwittingly driving the Filipino people
and the revolutionary forces to take advantage of the crisis and contradictions
within the ruling system and to intensify the people’s war against the entire
ruling system. n
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NDFP Human Rights Monitoring Committee
8
Press Statement of
Professor Philip Alston,
Special Rapporteur of the
UN Human Rights Council on
extrajudicial, summary or
arbitrary executions
Februa ry 21, 2007
I have spent the past ten days in
the Philippines at the invitation of the
Government in order to inquire into
the phenomenon of extrajudicial executions. I am very grateful to the Government for the unqualified cooperation
extended to me. During my stay here
I have met with virtually all of the relevant senior officials of Government.
They include the President, the Executive Secretary, the National Security
Adviser, the Secretaries for Defence,
Justice, DILG and the Peace Process. I
have also met with a significant number of members of Congress on different sides of the political spectrum, the
Chief Justice, the Chief of Staff of the
Armed Forces of the Philippines (AFP),
the Chair of the Human Rights Commission, the Ombudsman, the members of both sides of the Joint Monitoring Committee, and representatives of
the MNLF and MILF. Of particular relevance to my specific concerns, I also
met with Task Force Usig, and with the
Melo Commission, and I have received
the complete dossier compiled by TF
Usig, as well as the report of the Melo
Commission, the and the responses to
its findings by the AFP and by retired
Maj-Gen Palparan. I have also visited
Baguio and Davao and met with the regional Human Rights Commission offices, local PNP and AFP commanders,
and the Mayor of Davao, among others.
Equally importantly, roughly half of
my time here was devoted to meetings
with representatives of civil society, in
Manila, Baguio, and Davao. Through
their extremely valuable contributions
in the form of documentation and detailed testimony I have learned a great
deal.
Let me begin by acknowledging
several important elements. The first
is that the Government’s invitation
to visit reflects a clear recognition of
the gravity of the problem, a willingness to permit outside scrutiny, and a
very welcome preparedness to engage
on this issue. The assurances that I received from the President, in particular,
were very encouraging. Second, I note
that my visit takes place within the context of a counter-insurgency operation
which takes place on a range of fronts,
and I do not in any way underestimate
the resulting challenges facing for the
Government and the AFP. Third, I wish
to clarify that my formal role is to report to the UN Human Rights Council
and to the Government on the situation
I have found. I consider that the very
fact of my visit has already begun the
process of acting as a catalyst to deeper
reflection on these issues both within
the national and international settings.
Finally, I must emphasise that the present statement is only designed to give
a general indication of some, but by no
means all, of the issues to be addressed,
and the recommendations put forward,
in my final report. I expect that will
be available sometime within the next
three months.
Sources of information
The first major challenge for my
mission was to obtain detailed and well
supported information. I have been
surprised by both the amount and the
quality of information provided to me.
Most key Government agencies are organized and systematic in much of their
data collection and classification. Simi-
The Lies of GRP Officials on Extrajudicial Killings
larly, Philippines civil society organizations are generally sophisticated and
professional. I sought, and obtained,
meetings across the entire political
spectrum. I leave the Philippines with
a wealth of information to be processed
in the preparation of my final report.
But the question has still been posed
as to whether the information provided to me by either all, or at least certain, local NGO groups can be considered reliable. The word ‘propaganda’
was used by many of my interlocutors.
What I took them to mean was that the
overriding goal of the relevant groups
in raising EJE questions was to gain
political advantage in the context of a
broader battle for public opinion and
power, and that the HR dimensions
were secondary at best. Some went further to suggest that many of the cases
were fabricated, or at least trumped up,
to look more serious than they are.
I consider it essential to respond to
these concerns immediately. First, there
is inevitably a propaganda element in
such allegations. The aim is to win public sympathy and to discredit other actors. But the existence of a propaganda
dimension does not, in itself, destroy
the credibility of the information and
allegations. I would insist, instead, on
the need to apply several tests relating to credibility. First, is it only NGOs
from one part of the political spectrum
who are making these allegations? The
answer is clearly ‘no’. Human rights
groups in the Philippines range across
the entire spectrum in terms of their political sympathies, but I met no groups
who challenged the basic fact that large
numbers of extrajudicial executions are
taking place, even if they disagreed on
precise figures. Second, how compelling is the actual information presented? I found there was considerable variation ranging from submissions which
were entirely credible and contextually
aware all the way down to some which
struck me as superficial and dubious.
But the great majority are closer to the
top of that spectrum than to the bottom. Third, has the information proved
credible under ‘cross-examination’. My
colleagues and I heard a large number
of cases in depth and we probed the
stories presented to us in order to ascertain their accuracy and the broader
context.
As a result, I believe that I have
gathered a huge amount of data and
certainly much more than has been
made available to any one of the major
national inquiries.
Extent of my focus
My focus goes well beyond that adopted by either TF Usig or the Melo
Commission, both of which are concerned essentially with political and
media killings. Those specific killings
are, in many ways, a symptom of a
much more extensive problem and we
should not permit our focus to be limited artificially. The TF Usig/Melo scope
of inquiry is inappropriate for me for
several reasons:
(a) The approach is essentially reactive. It is not based on an original assessment of what is going on in the country
at large, but rather on what a limited
range of CSOs report. As a result, the
focus then is often shifted (unhelpfully)
to the orientation of the CSO, the quality of the documentation in particular
cases, etc.;
(b) Many killings are not reported,
or not pursued, and for good reason;
and
(c) A significant proportion of acknowledged cases of ‘disappearances’
involve individuals who have been
killed but who are not reflected in the
figures.
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NDFP Human Rights Monitoring Committee
How many have been killed?
The numbers game is especially unproductive, although a source of endless fascination. Is it 25, 100, or 800? I
don’t have a figure. But I am certain that
the number is high enough to be distressing. Even more importantly, numbers are not what count. The impact of
even a limited number of killings of the
type alleged is corrosive in many ways.
It intimidates vast numbers of civil society actors, it sends a message of vulnerability to all but the most well connected, and it severely undermines the
political discourse which is central to a
resolution of the problems confronting
this country.
Permit me to make a brief comment
on the term ‘unexplained killings’,
which is used by officials and which
I consider to be inapt and misleading.
It may be appropriate in the context
of a judicial process but human rights
inquiries are more broad-ranging and
one does not have to wait for a court to
secure a conviction before one can conclude that human rights violations are
occurring. The term ‘extrajudicial killings’ which has a long pedigree is far
more accurate and should be used.
Typology
It may help to specify the types of
killing which are of particular concern
in the Philippines:
• Killings by military and police,
and by the NPA or other groups, in
course of counter-insurgency. To the
extent that such killings take place in
conformity with the rules of international humanitarian law they fall outside my mandate.
• Killings not in the course of any
armed engagement but in pursuit of a
specific counter-insurgency operation
in the field.
• Killings, whether attributed to the
military, the police, or private actors, of
activists associated with leftist groups
and usually deemed or assumed to be
covertly assisting CPP-NPA-NDF. Private actors include hired thugs in the
pay of politicians, landowners, corporate interests, and others.
• Vigilante, or death squad, killings
• Killings of journalists and other
media persons.
• ‘Ordinary’ murders facilitated by
the sense of impunity that exists.
Response by the Government
The response of Government to the
crisis of extrajudicial executions varies dramatically. There has been a welcome acknowledgement of the seriousness of the problem at the very top. At
the executive level the messages have
been very mixed and often unsatisfactory. And at the operational level, the
allegations have too often been met
with a response of incredulity, mixed
with offence.
Explanations proffered
When I have sought explanations of
the killings I have received a range of
answers.
(i) The allegations are essentially
propaganda. I have addressed this dimension already.
(ii)The allegations are fabricated.
Much importance was attached to two
persons who had been listed as killed,
but who were presented to me alive.
Two errors, in circumstances which
might partly explain the mistakes, do
very little to discredit the vast number
of remaining allegations.
(iii)
The theory that the ‘correct, accurate, and truthful’ reason for
the recent rise in killings lies in purges
committed by the CPP/NPA. This the-
The Lies of GRP Officials on Extrajudicial Killings
ory was relentlessly pushed by the AFP
and many of my Government interlocutors. But we must distinguish the number of 1,227 cited by the military from
the limited number of cases in which
the CPP/NPA have acknowledged, indeed boasted, of killings. While such
cases have certainly occurred, even
those most concerned about them, such
as members of Akbayan, have suggested to me that they could not amount to
even 10% of the total killings.
The evidence offered by the military in support of this theory is especially unconvincing. Human rights organizations have documented very few
such cases. The AFP relies instead on
figures and trends relating to the purges of the late 1980s, and on an alleged
CPP/NPA document captured in May
2006 describing Operation Bushfire. In
the absence of much stronger supporting evidence this particular document
bears all the hallmarks of a fabrication
and cannot be taken as evidence of anything other than disinformation.
(iv)Some killings may have been
attributable to the AFP, but they were
committed by rogue elements. There is
little doubt that some such killings have
been committed. The AFP needs to give
us precise details and to indicate what
investigations and prosecutions have
been undertaken in response. But, in
any event, the rogue elephant theory
does not explain or even address the
central questions with which we are
concerned.
Some major challenges for the future
ingly attributed to them. The President
needs to persuade the military that its
reputation and effectiveness will be
considerably enhanced, rather than undermined, by acknowledging the facts
and taking genuine steps to investigate.
When the Chief of the AFP contents
himself with telephoning Maj-Gen Palparan three times in order to satisfy
himself that the persistent and extensive allegations against the General
were entirely unfounded, rather than
launching a thorough internal investigation, it is clear that there is still a very
long way to go.
(b) Moving beyond the Melo
Commission
It is not for me to evaluate the
Melo Report. That is for the people of
the Philippines to do. The President
showed good faith in responding to allegations by setting up an independent
commission. But the political and other
capital that should have followed is being slowly but surely drained away by
the refusal to publish the report. The
justifications given are unconvincing.
The report was never intended to be
preliminary or interim. The need to get
‘leftists’ to testify is no reason to withhold a report which in some ways at
least vindicates their claims. And extending a Commission whose composition has never succeeded in winning
full cooperation seems unlikely to cure
the problems still perceived by those
groups. Immediate release of the report
is an essential first step.
(a) Acknowledgement by the AFP
(c) The need to restore accountability
The AFP remains in a state of almost
total denial (as its official response to
the Melo Report amply demonstrates)
of its need to respond effectively and
authentically to the significant number
of killings which have been convinc-
The focus on TF Usig and Melo is
insufficient. The enduring and much
larger challenge is to restore the various accountability mechanisms that
the Philippines Constitution and Congress have put in place over the years,
too many of which have been system-
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NDFP Human Rights Monitoring Committee
atically drained of their force in recent
years. I will go into detail in my final
report, but suffice it to note for present
purposes that Executive Order 464, and
its replacement, Memorandum Circular
108, undermine significantly the capacity of Congress to hold the executive to
account in any meaningful way.
(d) Witness protection
The vital flaw which undermines
the utility of much of the judicial system is the problem of virtual impunity that prevails. This, in turn, is built
upon the rampant problem of witness
vulnerability. The present message is
that if you want to preserve your life
expectancy, don’t act as a witness in a
criminal prosecution for killing. Witnesses are systematically intimidated
and harassed. In a relatively poor society, in which there is heavy dependence on community and very limited
real geographical mobility, witnesses
are uniquely vulnerable when the forces accused of killings are all too often
those, or are linked to those, who are
charged with ensuring their security.
The WPP is impressive – on paper. In
practice, however, it is deeply flawed
and would seem only to be truly effective in a very limited number of cases.
The result, as one expert suggested to
me, is that 8 out of 10 strong cases, or
80% fail to move from the initial investigation to the actual prosecution stage.
(e) Acceptance of the need to provide
legitimate political space for leftist
groups
At the national level, there has been
a definitive abandonment of President
Ramos’ strategy of reconciliation. This
might be termed the Sinn Fein strategy. It involves the creation of an opening — the party-list system — for leftist
groups to enter the democratic political system, while at the same time ac-
knowledging that some of those groups
remain very sympathetic to the armed
struggle being waged by illegal groups
(the IRA in the Irish case, or the NPA
in the Philippines case). The goal is to
provide an incentive for such groups
to enter mainstream politics and to see
that path as their best option.
Neither the party-list system nor
the repeal of the Anti-Subversion Act
has been reversed by Congress. But,
the executive branch, openly and enthusiastically aided by the military, has
worked resolutely to circumvent the
spirit of these legislative decisions by
trying to impede the work of the party-list groups and to put in question
their right to operate freely. The idea
is not to destroy the NPA but to eliminate organizations that support many
of its goals and do not actively disown
its means. While non-violent in conception, there are cases in which it has,
certainly at the local level, spilled over
into decisions to extrajudicially execute
those who cannot be reached by legal
process.
(f) Re-evaluate problematic aspects
of counter-insurgency strategy
The increase in extrajudicial executions in recent years is attributable, at
least in part, to a shift in counterinsurgency strategy that occurred in some areas, reflecting the considerable regional variation in the strategies employed,
especially with respect to the civilian
population. In some areas, an appeal to
hearts-and-minds is combined with an
attempt to vilify left-leaning organizations and to intimidate leaders of such
organizations. In some instances, such
intimidation escalates into extrajudicial
execution. This is a grave and serious
problem and one which I intend to examine in detail in my final report.
The Lies of GRP Officials on Extrajudicial Killings
Conclusion
The Philippines remains an example
to all of us in terms of the peaceful ending of martial law by the People’s Revolution, and the adoption of a Constitution reflecting a powerful commitment
to ensure respect for human rights. The
various measures ordered by the President in response to Melo constitute important first steps, but there is a huge
amount that remains to be done. n
9
Verdict of the Permanent
Peoples’ Tribunal Second
Session on the Philippines
1. Origin and jurisdiction of the
Permanent Peoples’ Tribunal
The Permanent Peoples’ Tribunal
(PPT) is an international opinion tribunal, independent from any State authority. It examines cases regarding violations of human rights and rights of
peoples.
Promoted by the Lelio Basso International Foundation for the Rights
and Liberation of Peoples, the PPT was
founded in June 1979, in Bologna, Italy, by a broad spectrum of law experts,
writers, and other cultural and community leaders (including five Nobel
Prize laureates) from 31 countries. PPT
is rooted in the historical experience
of the Russell Tribunals on Vietnam
(1966-67) and the dictatorships in Latin
America (1974-1976). The importance
and strength of decisions by the PPT
rest on the moral weight of the causes
and arguments to which they give credibility and on their recognition in the
United Nations Commission on Human Rights
Complaints heard by the Tribunal
are submitted by the victims, or groups
or individuals representing them. The
PPT calls together all parties concerned
and offers the defendants the possibility to make their own arguments heard.
The Jury is selected for each case by
combining members who belong to a
permanent list of jurors, and individuals who are recognized for their competence and integrity.
From June 1979 to the present date
the PPT has held 32 sessions.
In 1980, just one year after its foundation, the Permanent Peoples’ Tribunal responded to an appeal from the
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NDFP Human Rights Monitoring Committee
National Democratic Front of the Philippines (NDFP) and the Moro National Liberation Front (MNLF) to examine the human rights situation under
the Marcos dictatorial regime. Following five days of hearings and deliberation (October 30 to November 3 in
Antwerp) the PPT found the Marcos
regime guilty of political suppression
and abuse of power in violation of the
rights of the Filipino people. The PPT
also condemned the political, economic
and military complicity of the United
States government and other foreign
powers.
2. The procedures of the Session
According to the procedures affirmed in its Statutes, the original request (presented in early 2006 by a
broad coalition of social and religious
organizations, based in the Philippines
as well as in Europe and Canada) to
hold a Session of the PPT on gross violations of the fundamental rights of
the Filipino people was examined by
the Secretariat and the Presidency of
the PPT with respect specifically to the
competence of the PPT on the contents
of the accusation, and to the representativeness of the plaintiffs.
The Session, to be considered as a
strict articulation and follow-up of the
one held in 1980, was announced in a
press Conference in The Hague, on October 30, 2006.
The two main accused parties – the
Government of the Republic of the
Philippines and its President Mrs Gloria Macapagal-Arroyo; the US Government and its President Mr George
Walker Bush – were notified of the procedure through their respective Embassies in Rome and in The Hague, invited
to participate in the process, and to exercise their right to defense.
As documented also in reports of
the media in the Philippines as well
as in The Hague, qualified represen-
tatives of the Arroyo Administration
have expressed confirmation – albeit
through their contradictory statements
– that their Government had been duly
informed in a timely manner, without
however deciding in favor of an active
participation in the processes of the
Tribunal (beyond a silent presence in
its opening session, on March 21).
The public hearings of the PPT were
held in the Christus Triumfatorkerk in
the Hague, over three full days (21-23
March), according to the program reported in Annex 1.
Annex 2 lists the documents made
available to the Jurors (and filed in the
PPT archives) to support and to interpret the oral presentations and interpellation with the Jury (including
extensive live presentations and interpellation with witnesses and their lawyers in the Philippines over electronic
live video communication).
The deliberations of the Jury were
conducted in its closed-door sessions
from the evening of March 23 until the
presentation of its verdict on the afternoon of March 25, 2007.
3. The charges
The PPT has been presented with
the following three charges against:
The Government of the Republic of
the Philippines and its President Mrs
Gloria Macapagal-Arroyo; and the Government of the United States of America and its President Mr George Walker
Bush for:
1. Gross and systematic violations
of civil and political rights: extrajudiciall killings, abductions and disappearances, massacres, and torture;
2. Gross and systematic violations
of economic, social and cultural rights;
and
3. Gross and systematic violations
of the rights to national self-determination and liberation.
T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 9 5
4. Historical framework and
violations of economic, social and cultural rights
Since 1980, the year of the first session of the Permanent People’s Tribunal on the Philippines, the socio-economic situation of the country has not
changed, except for the worse. Even at
that time, the jury of the Tribunal had
denounced the unequal character of
the economic system structured for the
benefit of the domestic elite and foreign
interests. It had also condemned the
dominant economic and political role
of the United States of America in the
Philippines and in the region, through
the implementation of imperialist policies.
Today, almost 30 years later, or after almost one generation, the majority of the Filipino people (the peasants,
fisherfolk, workers, oddjobbers, lowpaid professionals) remain deprived of
their basic rights to physical, social and
cultural life. It is particularly painful to
discover the figures collected from official sources, showing that a minority of
Filipinos absorb the greatest part of the
collective wealth of the nation, together
with transnational enterprises, when
we remember that behind each number
there is a person – a child, an adult or
an old person, a man or a woman.
In the Philippines, out of 87 million
people, 65 million Filipinos (80% of the
population) struggle to survive on less
than US$2 per day while 46 million go
hungry each day. The situation has been
deteriorating: since 2000, average family incomes have dropped 10%. The majority of the poor are in rural areas (70
%). Such a situation affects in particular
the children. Infant mortality fluctuated from 24 per thousand in 1990 to 14
in 1998 to 40 in 2003. One fourth of the
children under 10 years of age – or 6.1
million children – are underweight.
This is not the accidental, but it is
the logical result of a policy. The 1980
session of the Permanent Peoples’ Tribunal coincided with the beginning of
the neo-liberal phase of monopoly capitalism (the Washington Consensus),
where in order to solve a crisis of accumulation, it was decided to enlarge
and force open markets, decreasing
the share of labour in the national income, privatizing public services and
establishing a growing freedom of circulation of capital, goods and services.
Such a policy, backed by the international financial and commercial institutions (World Bank, International Monetary Fund, World Trade Organization)
has been offering to the dominant powers and social classes the possibility of
ruling the world according to their specific interests.
This is also happening in the Philippines. The share of labor in national
income has fallen from 60 % in 1979 to
37 % in 2004 and the increase of corporate profits has been impressive: between 2001 and 2004, the income of the
top 1000 enterprises grew from US$2.3
billion to 10.0 billion. Minimum wage
has been falling behind rising costs of
living, the wage gap increasing 44% between 2001 and 2005. Unemployment
is on the rise, with displaced workers
for instance increasing by 52% between
2004 and 2005. In rural areas, tenanted
and leasehold farms have increased
from 48% of total farms in 1971 to 52%
in 2004.
Privatization of economic activities and public services is also on the
rise. Over US$4 billion of public assets
have been transferred to the private
sector. Such has been the case of the oil
industry, the Electric Power Industry
Reform Act (2001), the reprivatization
of Maynilad water corporation (2006),
and the privatization of public infrastructure (RA 7718).
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NDFP Human Rights Monitoring Committee
Liberalization of the economy has
been promoted by various means. The
series of tariff reform programs have
reduced agricultural tariffs from 43 %
in 1981 to 11 % in 2003 and industrial
ones from 39 % in 1981 to 5 % in 2003
(TRP I, II and III). Free Economic Zones
have been encouraged (RA 7916). Free
Trade Agreements are prepared with
the USA (US-RP FTA), and have been
signed with Japan (JPEPA) and Asean
countries (AFTA). The Public Act on
foreign investments opened the way
for external capital in the fields of natural resources (RA 7942 for mining), agriculture (RA 7652), utilities (RA 7721),
airlines (1995), retail trade (2000), and
others. Efforts have been made to remove the economic sovereignty and national patrimony provisions of the 1987
Constitution. Foreign investments have
increased from 6% of the Gross Domestic Product in 1980-1984 to 16% in 20002005, and in 2005 it had a cumulative
value of US$ 19 billion.
As a consequence, wealth has been
concentrated among very rich people.
The 1000 top corporations have increased their annual net income by
325% between 2001 and 2005 and the
top ten percent of the population have
incomes 22 times that of the poorest ten
percent. Additionally, the overall estimate of money lost through corruption is estimated by the Ombudsman
at US$24 billion for the period between
2001 and 2005 and is estimated at US$
4 billion in 2006, equivalent to 20% of
the Government budget. Capital repatriation has reached US$20 billion since
1980 and mineral resources have been
plundered: to the equivalent of US$25
billion of exports since 1970.
Furthermore, the Filipino people
have to pay for increasing foreign debt.
The current total public sector debt
stock PhP6 trillion (US$120 B) – equivalent to 110% of GDP – ate up 85% of to-
tal revenues for debt service in 2005. It
is the highest in the history of the Philippines. As a consequence, spending on
vital economic and social services was
slashed in order to pay for the debt. Interest payments has now gone up to
35% of the budget share in 2006, which
is five times more than the combined
budget for education, health and housing spending.
Local industry has been destroyed
and denationalized. Between 1995 and
2000, four firms were closing every day
and this number doubled between 2001
and 2005. In 2005, 3,054 firms closed
and 57,921 workers were displaced, increasing unemployment. Corporatization of land ownership has subverted
the sham Comprehensive Agrarian Reform Program (CARP), resulting in the
reconcentration of land.
Communities of the poor especially the women and children today pay
the heavy price of debt repayment and
privatization policies where, due to the
neglect of the health care system and
drastic cuts in public spending, child
and maternal mortality has worsened.
This has resulted in only 37% of pregnant women receiving vaccine.
In the urban areas, only 54% of the
women delivered in a health facility,
while in the rural communities, only
22% delivered in a health facility; and
59% were unassisted by doctor/nurse/
midwife.
Educational and health facilities
have been seriously affected as the
public share in health expenditure has
been reduced from 41% in 2000 to 30%
in 2004. Because of the lack of educational infrastructure, costs of sending
children to public school and other factors due to poverty, 2.5 million children
are working as laborers and 1.5 million
can be qualified as street children.
The denial of these basic health and
social rights is a consequence of the cri-
The Lies of GRP Officials on Extrajudicial Killings
sis of the Philippine economy where the
government has not addressed the root
causes but has continued the exploitation of the people and its resources
with impunity for the benefit of the local elite and foreign dominant powers.
The growth and development of
any nation lies in the hard work of
peasants, fisherfolk, workers, indigenous peoples, women and their communities. But when these very people
face intense poverty, hunger, unemployment, landlessness and loss of all
resources, then development is meaningless because life itself is threatened
and communities are destroyed. This is
the hard reality of the Philippines.
A particular attention has to be given to the three main sectors of the Filipino people, peasants, indigenous peoples and the industrial workers.
Based on recent government statistics and the study conducted by Kilusang Magbubukid ng Pilipinas, 7 out
of 10 Filipino farmers are landless. The
farmers face extremely high rates of
land rent and usury is so high that it
ranges from 100%-400% per cropping
season. With trade liberalization, farm
inputs remain expensive but the products of farmers are very cheap. This has
led to the bankruptcy of many peasants, where they remain in debt. This
situation further increases disparity between peoples and regions.
Compounding the problem of peasant bankruptcy, corporations were able
to take control and amass land through
the promotion of agribusiness contract
growing and leasehold under the corporatized and market-oriented CARP
promoted by the World Bank. This has
led to less than a third of landowners
owning more than 80% of agricultural land while small farmers are being
evicted from the land they have been
tilling for years.
Faced with the struggle to keep
alive, farmers have organized themselves under the Kilusang Magbubukid
ng Pilipinas (KMP, Peasant Movement
of the Philippines) to claim their rights
through the democratic process. This
resistance is now faced with repression
by the state through increased militarization of the rural areas. Statistics show
that almost 60% of the victims of extrajudicial killings and forced disappearances are farmers, majority of whom
are members of the peasant movement
KMP. The killings of peasant leaders
are not isolated but planned and systematic. A campaign is carried out to
slander the victim prior to the killing.
No proper investigations are carried
out and the government remains in a
state of denial. Meanwhile, witnesses
are threatened and thus the pattern of
impunity reigns with no accountability.
The massacre of agricultural workers at Hacienda Luisita is a pure gross
violation of the fundamental rights of
workers to strike and assert their rights
as defined in International Labour Organization Convention 98 and in the
ECOSOC rights. Both the United Luisita Workers Union (ULWU) and the
Central Azucarera de Tarlac Labor
Union (CATLU) went on strike as negotiations failed over workers’ demand
for a small increase in wages and better work conditions. One of the key
demands was their right to the land as
provided for under the Comprehensive
Agrarian Reform Law.
Yet, the Department of Labor and
Employment (DOLE) issued the assumption of jurisdiction order and
instructed the police and military to
enforce it. When three attempts to disperse them through water cannons
failed, shots were fired at the unarmed
workers, seven died and 72 were injured. The killings did not stop with the
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NDFP Human Rights Monitoring Committee
massacre but persons who supported
the workers, including Bishop Alberto
B. Ramento of the Iglesia Filipino Independiente church, two leaders Marcel
Beltran and Abelardo with Fr. William
Tedena were killed in separate occasions.
Even when farmers implement collective cultivation on land awarded by
the Department of Agrarian Reform, as
in the case of the San Agustin Farmer
Beneficiaries Multi-purpose Cooperative in Palo, Leyte, they are killed and
butchered by armed men who go unpunished. The guns do silence the law.
The Arroyo regime has initiated the
implementation of the Mining Act of
1995, liberalizing the mining sector by
proclaiming its National Policy Agenda for Revitalizing the Mining Industry
as recommended by the World Bank.
This process has increased the intensive exploitation of the mineral riches
of the country like gold, silver, copper,
chromite and nickel. But the commercial mining activities as well as the logging operations of various corporations
affect both the present and future generations of the indigenous peoples. If
perpetuated, it will destroy the ancestral domain, culture and identity of the
people.
The documentation presented at
the PPT, including the compelling testimony of Senator Maria Ana Consuelo Madrigal, revealed how the Arroyo
government, by relocating the National Commission on Indigenous Peoples
(NCIP) under the jurisdiction of the
Department of Agrarian Reform, will
not only compromise its constitutionally mandated independence but pave
the way to the usurpation of the land of
the indigenous people, leading to displacement from their ancestral home,
and loss of land and customary rights.
The evidence is very much reflected in
the cases of Toronto Ventures in Zam-
baonga and Lafayette Mining Corporation in Rapu Rapu island, and where it
is used for massive landgrabbing in the
Island of Boracay.
Such forms of rights violations have
brought about a resistance by the people to claim their rights to land, culture
and identity. But it has been met with
various human rights violations manifested in arbitary arrests, persecution,
torture, killings, destruction of property and land by military forces including extrajudicial killings as testified by
Dr. “Chandu” Claver, a Kankanaey and
leader of the Cordillera Peoples’ Alliance and Bayan Muna in Kalinga, who
was ambushed by masked men while
in his car with his family. His wife succumbed to gunshot wounds while he
and his child survived and are now
seeking asylum in Canada to protect
themselves.
Out of the 37.7 million workers,
there are 4.1 million unemployed and
7.5 million underemployed. This situation has brought about the exodus
of around 3,200 workers every day to
find a living or better work abroad, not
including hundreds or possibly thousands more leaving the country as trafficked or undocumented workers facilitated by unscrupulous recruiters who
have proliferated as a result of deregulation implemented by the Arroyo government. There are around 9 million
overseas Filipino workers abroad who
have the tremendous capacity to remit
the amount of US$13 billion every year
besides an estimated additional US$34 billion remitted through informal
channels. Due to the feminization of
poverty, more than 70% of the workers
who go abroad for landbased work are
women.
But since the share of labor in the
national income has fallen, reflecting
low wages and minimum wage far behind the rise in costs of living, the or-
The Lies of GRP Officials on Extrajudicial Killings
ganized sector of unions have demanded wage evaluation and increases and
better work conditions. This process
has been met with arrogance of power
of corporations, particularly transnational corporations like Toyota, Nestlé
and others that with impunity have either dismissed union leaders or used
the DOLE and the armed forces to end
workers’ actions. The DOLE has used
the assumption of jurisdiction order to
provide military forces the right to intervene in labor disputes. There is no
recognition accorded to ILO recommendations for respect of workers rights as
seen in the Toyota workers case, well
documented and presented to the jury.
Thus corporations supported by the
Arroyo government continue to violate
labor rights with no accountability.
5. The role of the United States of America
We need to see the worsening human rights crisis in the Philippines in
the context of the United States’ strategies for global economic and military
hegemony and the ensuing US led socalled “war on terror”.
The military and security agreements between the Philippines and the
United States were part of the series of
treaties and agreements that were imposed upon the Philippines right after
the granting of formal independence
by the United States to the Philippines
at the end of the Second World War in
1946. The agreements assured the continued domination by the United States
over the country and over its armed
forces and internal security in particular. This was so even though the Philippines was already given formal independence.
US troops have returned to the Philippines, despite the removal of the US
bases in 1991, on the basis of the Visiting Forces Agreement (VFA) in 1999 and
the Mutual Logistics Support Agreement (MLSA) in 2002. Under the guise
of a so-called “war on terror”, US troops
have been stationed and deployed especially but not only in the southern Philippine island of Mindanao. Since 2001
there has been a continuous presence in
the country of thousands of US soldiers
ostensibly for counter-terrorism “trainings and exercises” but which in many
cases are in reality coordinated combat
operations with the Philippine armed
forces. These grossly violate national
sovereignty and Philippine territorial
integrity.
Because of its strategic location, the
Philippines is vital for the US projection of military force in East Asia to as
far away as the Middle East. The country’s ports and airfields have already
been used by the US as transit points
and refueling stations in its wars of aggression against the peoples of Afghanistan and of Iraq. It is for this reason
that the US seeks to maintain its control
over the Philippine state and its armed
forces, and seeks to defeat all progressive forces opposed to US presence and
intervention in the country.
The Armed Forces of the Philippines today remains the same institution which served the Marcos regime.
The junior officers who committed
atrocities under the dictatorship of Ferdinand Marcos are now generals and
the henchmen in Arroyo’s repressive
state machinery. The AFP continues to
serve as an instrument of suppression
and executor of extra-legal operations
under the guidance and with the support of US counterinsurgency and antiterrorism agencies, i.e. the Central Intelligence Agency and the Department
of Defense in Pentagon. The Arroyo regimes’ dependence on the US and the
US-trained armed forces is crucial for
the survival of the regime.
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NDFP Human Rights Monitoring Committee
The cost of such strict dependence
in terms of gross violations of individual and collective rights, has been dramatically confirmed and documented
in detail (see section on Extrajudicial
killings, torture and forced disappearances). The never ending military, police and paramilitary operations are the
expression of the all-out war, or the socalled “holistic approach” in Operation
Plan Bantay Laya (OBL) or Operation
Plan Freedom Watch, a policy which
has been carried out since 2002.
Oplan Bantay Laya is the latest formulation of previous counterinsurgency plans initially crafted under the
Marcos regime. It is an end-product
of more than three decades of successive failures and frustrations of the USGRP-AFP in their attempts to crush and
defeat the struggles of the people. The
US, through Pentagon and the CIA, has
been involved in the conceptualization
and planning, the training of AFP personnel and the execution of the OBL.
This work of cooperation is now done
on the basis of the very controversial
Security Engagement Board Agreement
of 2006.
The Security Engagement Board created by this agreement is a joint committee of defense officials and military
officials of both the Philippines and the
United States. And the purpose of this
committee is to oversee the anti-terror campaign in the country. The campaign was begun in 2001 as a campaign
against the Abu Sayyaf in the south of
the country, right after the September
11, 2001 attacks in New York. It was a
creation of the US and experimented in
collaboration with the AFP against the
Abu Sayyaf as an anti-terror campaign.
In that campaign US special forces and
the AFP were abducting even suspects
or families of Abu Sayyaf sympathizers
and innocent members of communities in Mindanao. Only later was it de-
cided to expand the campaign to cover
the entire Philippines in the nationwide
anti-insurgency campaign. Like the
campaign against the Abu Sayyaf, the
nationwide campaign does not make
any distinction between advocates who
have a legal status and those involved
in armed confrontations with the government. And it is being carried out by
the AFP, instructed and supported in
action by US Special Operations Forces
(SOF).
These US Special Operations Forces
are the most highly-trained elite units
of the US Army who specialize in what
is called Low-Intensity Conflict Warfare. In other countries, the deployment
of US Special Operations Forces, especially in Guatemala and Colombia as
well as in Indonesia during the Suharto dictatorship, have been exposed by
among others the Amnesty International as having been responsible for training local troops that have been involved
in “dirty tricks”, including abductions,
extrajudicial killings, and even massacres of civilians who have been known
to be sympathetic to armed insurgents
in those countries.
Having run out of counterinsurgency options, OBL seems to be the USArroyo regime’s “final solution” to the
long drawn-out conflict. A novel and
significant component is its special emphasis on brutal and punitive measures
against congressional partylist representatives and their constituencies and
“neutralization” of institutions and organizations, through assassination of
their leaders and ordinary members.
OBL’s focus on the “political component” and “white area operations” is
described by veteran reporter and columnist Armando Doronila in Philippine Daily Inquirer (21 June 2006):
“The blueprint of war outlined in
‘the orders of battle’ of Oplan Bantay
Laya envisages decimation of non-mili-
The Lies of GRP Officials on Extrajudicial Killings
tary segments of the communist movement. It is not designed to engage the
New People’s Army in armed conflict
in field warfare. It is designated to
butcher and massacre defenseless noncombatants. It is therefore a sinister
plan for civilian butchery, a strategy
which exposes the military and police
to fewer risks and casualties than they
would face in armed fighting with the
communist guerillas.
The emphasis of this strategy on
“neutralizing” front/legal organizations helps explain why most of the
victims of the past five years have been
non-combatants and defenseless members of the left. During that period the
number of murdered aboveground
members of the Left has far exceeded
fatalities of the New People’s Army in
armed encounters with security forces.
This strategy is blamed for the systematic massacre of non-combatants.
It offers a huge potential for human
rights abuses and atrocities. It makes
the regime look more cold-blooded in
its methods in trying to crush the insurgency than its predecessors, not
excluding the Marcos dictatorship. It
opens the path to the slaughter of the
defenseless”.
Sector
2001
Church
1
Peasants
25
Fisherfolks
10
Human Rights
3
Children (below 18)
8
National Minority
36
Urban Poor
9
Workers
2
Youth & Students
1
Women
0
Public Servant
0
Teachers
0
Unidentified
3
TOTAL
98
2002
0
63
3
5
7
18
6
5
3
1
1
1
2
115
2003
0
61
0
1
18
19
5
3
6
1
2
0
19
125
6. Extrajudicial killings, torture and forced disappearances
An impressive amount of cases of
extrajudicial killings, disappearances
and torture, often in combination with
each other, have been documented before the Tribunal by the oral testimonies of survivors, witnesses and experts
who provided also the opportunity of
more in depth questioning by the Jury.
Further for each of the cases (listed in
Annex 2) a very detailed account, including copies of original documents
and certificates have been made available for the Jury. The synoptic presentation of the 839 cases of extrajudicial
killings in a table, allows on one side
the detailed view of the increasing
number of cases from the 98 in 2001 to
the 213 in 2006 and on the other side
makes visible the composition of this
‘population’ which is truly and fully
representative of the targeted killing
strategy: persons associated with ‘left’
organizations, church people, community leaders, peasants, journalists, lawyers, people of the so-called party list
organizations (parliamentary opposition), human rights activists or simply
witnesses of extrajudicial killings
2004
2
43
0
2
6
11
2
10
2
0
0
0
2
80
2005
7
94
0
4
4
36
7
10
2
0
5
0
21
190
2006Jan-March Total
2007
9
0
19
101
13 400
2
0
15
3
0
18
7
0
50
7
0 125
6
1
36
25
0
55
10
1
22
2
0
4
7
1
16
0
1
2
35
0
77
213
17 839
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NDFP Human Rights Monitoring Committee
It also appears that most of the
killings have taken place in those regions of the country that are identified as ‘priority areas’ in the OBL. (See
above,section.5)
Victims are usually, prior to the attacks, subject to a vilification campaign
by the military or anti-communist vigilante groups. They are said to be members of the CPP/NPA (Communist
Party of the Philippines/New People’s
Army) or its ‘front organizations’ and
labeled as ‘terrorists’. In fact the victims are often poor peasants campaigning for some more loans, clergymen
who have criticized the government
for its alleged inhuman politics, human
rights workers and others, peacefully
struggling for better conditions for the
ordinary people, who have nothing to
do with political violence. See for instance the massacre at Hacienda Luisita on November 6, 2006, referred to in
section 4.
Examples of the targeting of nonviolent clergymen are the killing of
bishop Alberto Ramento, known as
the bishop of poor peasants and workers and as such a critic of the Arroyo
regime, on October 3, 2006; of Pastor
Andy Pawican on May 21, 2006; and of
Pastor Isaias Santa Rosa on August 3,
2006.
Other examples of the targeting of
non-violent social movements are the
abduction and killing of human rights
workers Eddie Gumanoy and Eden
Marcellana on April 21, 2003, the attacks on party list organization Bayan
Muna officially represented in the legislature, of which party 129 members
have been killed since 2001. Also the
killing of 15 activist lawyers and 10
judges since 2001, as well as 26 journalists and other media personnel, is to be
qualified as attacks on non-violent critics of the government or of social actors
such as multinationals.
The overall picture made available
to the Jury on Charge 1 is in fact perfectly fitting the broader scenario outlined in the discussion of the Oplan
Bantay Laya. Having failed in its earlier strategies to defeat the CPP and the
NPA, the government is now concentrating its oppression on the political,
more than the military component, of
the left opposition: the aim of ‘neutralizing’ legal institutions and organizations become an excuse for the killings
of peaceful persons. The witness to the
tribunal, retired Philippine Navy Captain Danilo Vizmanos, is explicit in his
analysis of Oplan Bantay Laya as being
not designed to engage the New People’s Army into armed conflict with the
Philippine Army, but to attack, torture
and kill defenseless non-combatants,
poor peasants and social activists.
Women leaders and especially leaders of Gabriela Women’s Party have
been stripped naked and molested by
military personnel. Sexual violence is
used both as a form of torture and to
create fear among women.
The responsibility of the Armed Forces of the Philippines (AFP)
The perpetrators of the killings and
abductions are often uniformed men
with no nametags, wearing bonnets or
ski-masks and riding on motorcycles
or vehicles with no plate numbers. Although the government is strongly denying any participation of its security
forces in these killings, there are serious indications to the contrary. For instance the comprehensive documentation available on the case of the killing
after torture of Pastor Isaias Santa Rosa
on August 3, 2006, has been specifically
impressive: one of the perpetrators was
killed as well during the operation and
a written mission order (available to
the evaluation by the PPT) by the army
found on his body.
The Lies of GRP Officials on Extrajudicial Killings
In the case of the killing of Pastor
Andy Pawican on May 21, 2006, uniformed soldiers abducted the victim
and killed him shortly afterwards.
The same is true in the case of Eddie
Gumanoy and Eden Marcellana (documented with video and a very detailed
collection of documents), abducted by
uniformed soldiers and killed after
having been tortured on April 21, 2003,
on their way back from a human rights
fact-finding mission.
The creation on October 30th 1987 of
the Citizen’s Armed Force Geographical Unit (CAFGU) to serve as auxiliaries to the AFP in counter-insurgency
activities, is functioning as a paramilitary force used in many instances to
serve the interests of political personalities and private societies.
The politics of impunity
The absence of any serious attempt
to assure an investigation of the killings has been confirmed by all the witnesses.
No photos, no fingerprints are taken, nor other investigative measures
applied. No prosecution is started because of lack of evidence. Even the
most brutal atrocities hardly elicit any
decisive action or even oral condemnation from the government. The history
of the Melo Commission reflects well
this attitude of denial. The government
had been politically forced to install the
commission with the mandate to investigate the killings. Despite the qualification of the facts as mere ‘incidents’,
with no responsibilities imputed on the
army or on the police, the government
tried everything to delay the publication
of the Commission’s report, ultimately
without success. Another report, by
UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
Philip Alston, was much more critical,
and has been totally denied and even
derided by the government.
Most serious is the mechanism of
threatening, torturing and killing of
witnesses of killings and other human
rights violations. The Tribunal refers in
this respect to the impressive testimony before the Tribunal by Ruel Marcial,
severely tortured just because he was
the only witness to the killing of Pastor
Andy Pawican (referred to before).
The Jury has also been informed
that at least one witness who has given
evidence to the UN Special Rapporteur
Alston has been killed shortly afterwards.
Conclusion:
The Tribunal, having considered
the evidence given before it, is of the
opinion that the reported killings, torture and forced disappearances fall under the responsibility of the Philippine
government and are by no way justifiable in terms of necessary measures
against terrorism.
7. VERDICT
The decisions of the Tribunal with
respect to the accusation and charges,
as reported in section 3 are as follows:
1. The wealth and consistency of
the oral and written documentation
made available through witnesses and
expert reports, has convinced the PPT
that each and all of the three charges presented against Gloria Macapagal-Arroyo and her Government, and
against George Walker Bush and his
Government are substantiated.
2. The PPT underlines that the
charges can neither be considered separately nor independently. The atrocities of extrajudicial killings, of massacres, of tortures, and of communities
destroyed and dispersed are the visible and dramatic expression of one
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NDFP Human Rights Monitoring Committee
strategy, which has its continuity and
effectiveness in the mechanism and instruments documented with respect to
sections 4 (Historical framework and
violations of economic, social and cultural rights), 5 (The role of the United
States of America), and 6 (Extrajudicial
killings, torture and forced disappearances).
3. The extension and the systematic nature of the violations of the rights
of the Filipino people committed by the
governments of Mrs. Gloria Macapagal-Arroyo and with the support and
full awareness of the government of
George Walker Bush, qualify the same
violations as crimes against humanity, with all the consequences for the
persons who are responsible for them.
Such violations must be stopped immediately.
4. The Philippine government and
the Bush administration have knowingly and willingly colluded with each
other in implementing the US’ so-called
“war on terror” in Southeast Asia and in
the Philippines, in violation of national
sovereignty and territorial integrity,
and violating the Philippine Constitution which bans the presence of foreign
troops and nuclear weapons on Philippine soil.
5. The PPT has found unequivocal
evidences that the military has a central
role in the greatest majority of the scenarios of human rights violations in the
Philippines. The PPT however wants to
underline the highly misleading role of
the recurrent debates on the direct vs.
indirect involvement of the military
forces in one or the other individual
case. The AFP is a structural component and instrument of the policy of the
“war on terror” declared jointly by the
Philippine and the US Governments, as
a comprehensive label to justify all illegal actions and their impunity.
6. The PPT denounces as unacceptable the inclusion of the Government of
the Republic of the Philippines in the
UN Human Rights Council:
• It undermines the credibility of
the UN in this field;
• It is an intolerable offense to the
victims;
• It is a denial of the many welldocumented denunciations of the dramatic violations of human rights in the
Philippines.
As Jurors of the Permanent Peoples’
Tribunal and as part of the larger human family, we recognize that the dramatic and worsening human rights
situation in the Philippines is the responsibility for us all, and not just for
those who struggle for their rights in
that country. We commit ourselves to
strengthen our efforts to defeat those
powers which, under the pretext of the
so-called “war on terrorism” and under
the mantle of “market- and profit-driven globalization”, deprive the marginalized peoples of a life in justice, dignity and peace.
This commitment includes a sharp
attention to the safety of the witnesses
who have courageously contributed to
the fact-finding task of the Tribunal. If
anything would happen to any of them,
we will hold the Government of the Republic of the Philippines responsible
for that. n