Citizen’s Congress for Truth and AccountabilityManila, Philippines23 November 2005

SUMMATION(POLITICAL KILLINGS AND

OTHER HUMAN RIGHTS VIOLATIONS)

The lawyer-presenters respectfully submit to the members of Congress and the Presidium the following testimonial and documentary evidence on the charge of political killings and other human rights violations contained in the impeachment complaint initiated on July 25, 2005 against Pres. Gloria Macapagal Arroyo:

I. Testimonial Evidence

1. MARIE HILAO-ENRIQUEZ, secretary-general of the Alliance for the Advancement of Human Rights (KARAPATAN), testified as expert witness as follows: That -

• From Jan. 21, ‘01 to September 30, 2005, KARAPATAN documented 4,692 cases of human rights violations, 262,036 victims; 28,699 families; involving 460 communities;

• Of these numbers, 411 were victims of summary executions, 130 were victims of abductions and disappearances, 245 were victims of torture, 1,563 were victims of illegal arrests, 1,137 were victims of arbitrary detention and thousands others were victims of threats, harassment, intimidation and forcible evacuation and displacement due to military operations;

• The targeted victims are human rights workers and lawyers, journalists, priests, church workers, a city councilor, peasant leaders, union leaders and members of farmers and workers’ organizations;

• The intensifying political repression is being done with utmost brutality & impunity. From January to Oct. 31, 2005 alone, there have been 50 leaders, members and supporters of different mass organizations and partylist groups who were summarily killed throughout the country;

• Witnesses point to the police, military and paramilitary forces as the perpetrators of the killings, disappearances, torture, illegal arrests and detention and other violations;

• The killings are concentrated in Southern Tagalog, Central Luzon, Eastern Visayas, in the Ilocos and Cordillera regions, the areas where there are active and heightened counter-insurgency operations;

• The commission of the violations are centrally directed, showing a clear pattern and practice based on the state policy of deliberate terror;

• In KNOWING THE ENEMY, a power point presentation released by the Northern Luzon Command (NOLCOM) TO THE MEDIA ON JANUARY 22, 2005, the ISAFP labeled as “enemies of the state” journalist groups and church institutions;

• In Trinity of War, Book III, leaders and members of mass organizations and party-list groups were tagged as “communist supporters”. Councilor Abel Ladera, a Bayan Muna fielded Councilor of Tarlac, was among those named in the list. He was thereafter assassinated on March 3, 2005.

• There is a clear pattern in the killings: victims were first placed under surveillance; harassments and intimidation follow; a vilification campaign against them ensue where victims are labeled and demonized as “enemies of the state” and “terrorists;” The perpetrators are motorcycle riding men, without plate number and wearing bonnets;

• Pres. Gloria Macapagal-Arroyo is remorseless, silent and has no categorical statement in condemning the attacks.

• Pres. Gloria Macapagal-Arroyo not only had full knowledge of these human rights abuses but in fact a willful implementor of the state policy as commander-in-chief of her military and police forces.

2. RENE GALANG, president of the United Luisita Workers’ Union (ULWU), the farm workers’ union in Hacienda Luisita, testified as follows: That -

• On Nov. 6, 7 and 15, police forces attempted to break up their picket line using tear gas, water cannon, truncheons and later firearms, which injured many of the strikers.

• Despite the series of violent dispersal attempts, Pres. Gloria Macapagal-Arroyo and her government did not do anything to stop the violence perpetrated by the police against the striking farm workers;

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• Instead, DOLE Secretary Patricia Sto. Tomas issued an Assumption of Jurisdiction Order on Nov. 10 against Central Azucarera de Tarlac Labor Union (CATLU). While the assumption order was issued against CATLU, the said order was also forcefully served upon ULWU although it was not covered by the assumption order;

• The Labor Department deputized not only the police but also the military to implement the assumption of jurisdiction order;

• To forestall further violence against the striking workers, ULWU and CATLU officers, including Mr. Rene Galang, went to the Makati residence of former Cong. Peping Cojuangco, one of the hacienda Luisita owners, and tried to negotiate with him and his wife. ULWU officers, however, were denied entry and the former congressman said it was up to the DOLE;

• The failed negotiations brought them back to the picket lines in Hacienda Luisita. Immediately thereafter and without any negotiation taking place first, the combined police and military forces in full battle gear started the violent dispersal of the strikers at Gate 1;

• On November 16, 2004, the striking workers were blasted with stinging water from fire trucks, lobbed with tear gas; after the armored personnel carriers had breached the gate separating the picketers and the dispersal teams, the striking workers were brutally fired upon, killing seven of them and wounding many others;

• More than a hundred striking workers were illegal arrested and detained by the military and police, including a pregnant woman;

• After the bloody massacre, the Cojuangcos, in conspiracy with the military, the police and paramilitary groups, have continued to harass, threaten and violate their rights as evidenced by the brazen killings of: (1) Marcelino Beltran, a key witness to the massacre; (2) the frustrated murder of hacienda workers George Loveland and Ernesto Ramos perpetrated by the still unidentified bodyguards of Rep. Benigno “Noynoy” Aquino III; (3) Abelardo Ladera, Tarlac City councilor and strong supporter of the strikers; (4) William Tadena, Philippine independent Church priest and strong supporter of the strike; (5) Victor Concepcion, a peasant also strongly supporting the hacienda strike; and (6) Ricardo Ramos, CATLU president;

• Militarization of the villages in the hacienda has intensified. Many villagers have been arrested and forced to admit and sign papers that they are rebel returnees.

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• The latest harassment by the military was at 2 a.m. of November 14, 2005 when strikers manning the picket point in Barangay Balete were mauled and seized by elements of the 48th Infantry Battalion under the command of Maj. Gen. Jovito Palparan, 7th Infantry Division chief. Eleven strikers were forcefully brought to a safehouse for interrogation and later three were charged with illegal possession of firearms, which firearms were all planted by the military;

• Since the start of the strike to the time the striking workers were massacred and to date, Mrs. Macapagal-Arroyo has done nothing to resolve the Luisita issue. Neither has she ever spoken about it. This only proves that the human rights violations committed by the Cojuangcos, in collusion with the military, the police and paramilitary groups are clearly with the acquiescence of Mrs. Macapagal-Arroyo.

3. ADELIZA ALBARILLO, 14 year-old daughter of Spouses Expedito and Manuela Albarillo who were abducted and murdered on April 8, 2002 in San Teodoro, Oriental Mindoro, testified as follows: That -

• At around 5:30 a.m. on April 8, 2002, while she was sleeping in their house, she heard a loud bang. When she peeped through the window, she saw military soldiers inside their house. She saw the military drag her parents outside their house;

• She saw a number of military soldiers scattered outside their house, many of them wearing bonnets. The military soldiers were holding her mother’s arm, forcibly separating her from her father. One of them told her parents that they simply wanted to talk to them in the military camp. She then heard her mother say, “’Wag ninyo kami ganituhin. Sandali lang at magpapalit kami ng damit.” (Do not do this to us. Let us change clothes first.) The military answered, “Wag na, papatayin rin lang kayo.” (No need, you will be killed anyway.)

• She saw the military hit her father’s leg with a gun when the latter refused to go with them. Her parents resisted. A soldier held her mother as her father’s arms were tied. Three men were walking side by side with him. All of them headed towards the mountain;

• Moments later, she and her relatives heard successive gun shots. Upon learning about what had happened, her relatives ran towards the mountains. When they got back, they told her that her parents were already dead. Later, she saw her brother carrying her bloodied mother and then her father. Her uncle called for police assistance but the police fearing they might encounter the perpetrators, took the longer path. Adeliza saw some military men went with the police. Later on, she and her relatives learned that

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these military men came from the mountain where her parents were brutally killed.

4. CRISTINA Q. ABALOS, whose father, Patricio Abalos, 61 years old and resident of Quindaponan, South Road, Km. 2, Catbalogan, Samar, was abducted by the military on March 28, 2005 and remains missing, testified, as follows: That –

• In the evening of March 28, 2005, witness Cristina Abalos was home with her father and other relatives. Her father was then watching television. Suddenly she noticed a Toyota Revo parked in front of their house and saw a man beside it. When she told her father about it, hoping he would check it, the car was already gone;

• Nonetheless, her father went out to investigate. While he was standing in front of their house, the same vehicle parked earlier in front of their house all of a sudden appeared and stopped in front of her father. She saw four armed men with high-powered firearms alight from the car, held her father and forcibly took him into the car at gunpoint. Then the vehicle sped away followed by a motorcycle;

• The following day, Cristina, together with her mother, sought the help of Congressman Catalino Figueroa and Prosecutor Wayne Villarin but they were not home. Thereafter, they went to Camp Lucban in Maulong, Catbalogan where the 8th Infantry Division is based, to look for her father. They were denied entry. They also sought the help of the Public Attorneys’ Office. Again, they were turned down and were told that the Office itself was being harassed. On March 30, 2005, they went back to the military camp but were once again denied entry;

• In the afternoon of March 31, 2005, six soldiers searched the Abalos’ house without their consent and without a search warrant. Lt. Wilbert Basquiñas, who introduced himself and unabashedly told the family that Patricio was in their custody, led the group. He told them he was looking for a gun allegedly kept in Patricio’s wooden trunk. Despite pleas by Cristina and her family, Lt. Basquiñas proceeded to ransack the house, threatening and aiming his pistol at the family while brandishing his fan knife;

• Finding no gun, the soldiers instead took Patricio’s trunk, his IDs, wallet and medicines. Then Lt. Basquiñas pointed his firearm at her mother and threatened to abduct her if she would not surrender the gun they were looking for. The policemen admitted they could not do anything as they would be up against the soldiers;

• On April 1, 2005, Cristina and her brother went to Barangay Socorro to see a certain Lt. Rosete for help. Lt. Rosete told them that Gen. Palparan would be around the following day and that they could talk to the latter as he knew about the incident;

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• On April 7, 2005, Cristina and her mother went back to Congressman Figueroa’s house to seek his help. She found that Gen. Palparan was also there. She noticed that the vehicle used by the military in abducting her father was the same vehicle used by Gen. Palparan in going to Congressman Figueroa’s house;

• Gen. Palparan told her mother, “Aminin mo na misis na NPA asawa mo para matulungan ko kayo.” Her mother replied, “Nahihirapan na ngang maglakad iyon eh.” Cristina asked Gen. Palparan why her father was being detained and why they were not allowed to visit him. Palparan said, “May go signal na ako na puwedeng bumisita kayo.” When asked to release Patricio, Palparan replied, “Pabayaan n’yo na ‘yan, matanda na ‘yon. Magandang lalaki nga, matigas naman ang ulo.”

• Gen. Palparan was forcing Cristina and her mother to admit that Patricio was an NPA, saying, “Sana pag nag-usap kami ulit ng tatay mo, hindi na siya maging matigas. Masama akong magalit at malapit na akong magalit.” Crsitina and her mother vehemently denied the false accusation of Palparan which angered the latter;

• When Palparan had left, Cong. Figueroa told Cristina and her mother that Palparan admitted having Patricio in their custody;

• Hoping that something would be done to surface her father, Cristina went to Manila to lodge a complaint with the DOJ Secretary but to no avail. Until now, Patricio Abalos is missing.

5. SATUR OCAMPO, president of Bayan Muna (People First) and currently a party-list representative to the House of Representatives, testified as follows: That –

• The number of documented extrajudicial killings and summary executions of mass members, coordinators and leaders of Bayan Muna alone from March 29, 2001 to November 13, 2005 totaled 63;

• Those killed were not only activists; they come from different sectors, ranging from 8 years old to 70 years old and come from different regions most especially in areas where his party-list organization is strong;

• Based on the victims’ and witnesses’ affidavits, fact sheets, fact-finding mission reports and other documentary, testimonial and object evidence as well as an evaluation of the circumstances, motive, means and opportunity for the abuses, he narrated that the reported or suspected perpetrators were from the military, police, paramilitary groups such as the Civilian Armed Forces

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Geographical Units or CAFGU, rebel returnees and the so-called death squads;

• He had taken steps to condemn, address, respond, investigate and remedy these brutal and brazen extrajudicial killings and other forms of human rights violations, including filing various resolutions to conduct legislative inquiries, delivering privilege speeches, conducting fact-finding missions, undertaking ocular inspections, holding solidarity missions, presenting formal oppositions to the confirmation of reported perpetrators and supporting the filing of criminal charges against them, joining in the impeachment complaint, and holding dialogues with top government officials;

• He had spoken to Mrs. Gloria Macapagal Arroyo on various occasions where he personally brought these killings to her personal attention - either in passing, as part of the agenda or as the main agenda of their conversations - at least 8 times from 16 November 2000 when she was still Vice-President up to 12 August 2005;

• At every opportunity that he met and talked with Mrs. Arroyo, he personally denounced these killings and demanded that she take decisive action on them. However, she did not take any decisive position or response to his appeals. In most instances, she appeared cold and indifferent, just looking at him and nodding her head. He has yet to hear her condemn these killings and other forms of human rights violations;

• If ever she reacted, her actions and oral orders were perfunctory and proved to be mere tokenism, betraying an utter lack of political will to stop the killings decisively. Worse, she has promoted the most notorious perpetrator of these violations despite such personal knowledge of a pattern of human rights abuses;

• As Commander-In-Chief of the Armed Forces and Chief Executive of the government, she not only has command responsibility but moral and political responsibility for these killings, disappearances and torture. But she tolerated, encouraged and abetted them and was silent.

• The continued perpetration, impunity and the responsibility of Mrs. Arroyo for such killings and other violations as stemming from her own counterinsurgency program and unqualified support to the United States’ so-called “war on terror” and the pronouncements, policies, and legislative and executive measures and proposals which have contributed, abetted and engendered the attacks on the lives and democratic rights of the Filipino people.

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6. RICHARD MARGALLO, Chairperson of San Agustin Farmer Beneficiaries Multi-purpose Cooperative in Barangay San Agustin, Palo, Leyte, testified as follows:

• The San Agustin Farmer Beneficiaries Multi-purpose Cooperative (SFBMC) is composed of more or less 60 farmer-members in Brgy. San Agustin, Palo, Leyte;

• Sometime in June 2004, the members of the cooperative - Rene Margallo, Renato Dizon, Fe Muriel, Bernabe Burra, Francisco Cobacha and Ariel Santiso sought help from the cooperative regarding the landgrabbing of Pedro margallo of their respective lands;

• The DAR has already rendered a decision in favor of the 6 farmer-members but Pedro Margallo still insisted on having possession of the land;

• SFBMC member Bernabe Burra sought help from Bayan Muna –Metro Tacloban Chapter; When Bayan Muna positively responded, the members of the cooperative decided to schedule a “balik-uma” or positioning on the land awarded to the farmers by the DAR and help the 6 farmers till their lands;

• The members of SFBMC set the “balik-uma” on November 21, 2005. In the evening of November 20, 2005, the farmers who will be participating in the “balik-uma” were already in the “kamalig” or make-shift hut owned by the father of Rene Margallo to make preparations for the early morning planting activities; The “kamalig” was near the land to be tilled by the farmers;

• At around 5 a.m., of November 21, 2005, more or less 50 farmers were in the “kamalig”; it is the practice of farmers to be inviting the neighboring villages at the opening of the planting season and this is usually met with a feast; So there were other farmers from Brgy. Teraza and capirawan of palo and from alang-alang Small Farmers Association 9ASFA) based in the nearby Alang-alang, Leyte;

• Some of the farmers were already awake cooking their food and having coffee, when without any warning, they were peppered with gunfire from bonnet-wearing men; the farmers shouted that they are unarmed civilians but these were ignored and instead, the armed men continue to fire their guns at them; five grenades were also thrown at them;

• As a result, seven farmers died, which include a seven-months pregnant woman; more than ten were injured;

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• When the firing stopped, the armed men approached the “kamalig”; they were wearing military uniforms, in combat boots, and in full-battle gear; they are members of the 19th Infantry Battalion of the Philippine Army; they ordered the farmers to lie face-down; they stepped on the farmers’ with injuries to force them to admit that they are members of the NPA;

• The military soldiers insisted that the farmers are members and sympathizers of the NPA; they also insisted that the farmers were hiding some guns;

• When the farmers denied the allegations and explained that they are plain and simple farmers and that they hold no guns, a soldier came with a sack full of firearms and subversive documents and insisted that these belong to the farmers;

• The farmers pleaded that they be given immediate medical attention but their plea was refused by the military soldiers;

• Col. Louie Dagoy admitted that members of the 19th IB of the Philippine Army made the attack but claimed that the same was a legitimate encounter;

• What the military soldiers did was a clear massacre of innocent farmers not an encounter between the military and the NPA.

II. Documentary evidence of selected cases of the most heinous violations of human rights committed by the Macapaga-Arroyo government from January 20, 2001 up to present, consisting of:

TITLE OF DOCUMENTS Exhibit No.

1. Atty. Juvy Magsino and Ms. Leima Fortu: Summary Execution – Atty Magsino was the incumbent Vice Mayor of Naujan, Mindoro Oriental. At the time of her death, she was a candidate Mayor for the 2004 elections; she was also a human rights lawyer. Ms. Leima Fortu, 27 years old, was a teacher and the Acting Sec. Gen. of Mindoro Oriental. On the night of February 13, 2004, Atty. Magsino and Ms. Fortu were on board a Toyota Revo on their way home to Naujan coming from Calapan City. At around 11 pm, as they were leaving their friend’s house, a man fired at them. As they sped off, two men on a motorcycle chased them and repeatedly fired shots at them. Later, their lifeless bodies were found inside Atty. Magsino’s Toyota Revo that was ditched in a rice field at Bgy. Amuguis, Naujan, Mindoro Oriental. It is

“HR-Magsino-Fortu - A”

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strongly believed that elements of the military were responsible for this crime. The shooting happened only 500 meters from the 204th Bgde headquarters.

2. Ms. Eden Marcellana and Mr. Eddie Gumanoy: Summary Execution - Eden Marcellana, then Secretary General of KARAPATAN-ST; and Mr. Eddie Gumanoy, Chairman of the peasant group KASAMA-TK led a fact-finding team of 11 persons to Gloria, Mindoro Oriental on April 19-21, 2003 to investigate cases of human rights violations in that area. On April 21, on their way back to Calapan City after their fact finding investigation, the passenger van the group was riding was blocked at Naujan, Mindoro Oriental by armed men, some of whom were wearing military uniforms; the armed men abducted Ms. Marcellana and Mr. Gumanoy and four others from the group. The four others who were separated from the group were blindfolded and dropped off in different places in Mindoro Oriental. The following day, April 22, 2003, the lifeless bodies of Ms. Eden Marcellana and Mr. Eddie Gumanoy were found in a roadside ditch in Bgy. Alcadesma, Bansud, Mindoro Oriental. MSgt. Donald Caigas, intelligence officer of the 204th IBPA as well as military assets Aniano “Silver” Flores as well as elements of the 204th IBPA under the command of then Col. Jovito Palparan, Jr. are believed to be behind the killings and other violations heaped on this group. Elements of the 204th IBPA together with military assets who were former rebels are also believed to be behind the killings.

“HR-Marcellana/Gumanoy-B”

3. Ms. Eden Marcellana and Mr. Eddie Gumanoy: Threats, harassment/Intimidation, Coercion, Divestment of Property – The other members of the 11-persons fact-finding team that went with Ms. Eden Marcellana and Mr. Eddie Gumanoy to Gloria, Mindoro Oriental experienced threats and harassments while they were under the control of the armed men who commandeered the van they were riding; The soldiers and armed men took their cellphones and wallets from them and threatened to kill them if they continue with their work.

“HR-Marcellana/Gumanoy-B-1”

4. Expedito and Manuela Albarillo: Summary Execution - Expedito Albarillo was an active Bayan Muna coordinator of San Teodoro, Mindoro Oriental. His wife, Manuela Albarillo was also an active member of Gabriela in the same town. Sometime in March 2002, Expedito was “invited” by the military to go to the

“HR-Albarillo -C”

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detachment since his name was on the military’s list of residents that needs to be “cleared”. On April 8, 2002, at around 5:30 am, armed men, some in military uniforms, others in black outfits, wearing bonnets with their faces covered forcedfully entered the Albarillo house and dragged the couple out and ordered them to walk with the military soldiers. At around 6:00 am, shots were heard and when the military men left, the relatives of the couple found their lifeless bodies not far from their house.

5. Leonardo “Ding” Rodriguez: Summary Execution, Torture – On July 24, 2002, 47 elements of the Scout Rangers based in Bgy. Salcedo, Bansud, Mindoro Oriental with Rodolfo “Dopoy” Rodelos, a CAFGU member, conducted an operation in the baranggays of Gloria. They took some Mangyan residents with them and made them as guides in their operation asking them to bring them to the NPA camps; the Mangyans who failed to point them to the NPA camps were tortured. Leonardo “Ding” Rodriguez, a local resident tried to help the Mangyans but he, too, was taken by the military. He was blindfolded and gagged while his hands were tied. When news of his arrest reached his mother, Mrs. Fe Jarabe sought an audience with Col. Jovito Palparan, Jr. who was then the commanding officer of the 204th

Brigade. Palparan said Leonardo was already “deeply involved” with the rebels but promised that his troops would bring Leonardo back to Mrs. Jarabe. On July 28, 2002, Leonardo’s body was accidentally dug up by Mangyans who were looking for their carabaos. On Aug. 1, 2002, the team of Ms. Eden Marcellana of KARAPATAN, brought the body of Leonardo Rodriguez to the town and to his mother.

“HR-Rodriguez-D”

6. Isaias Manano: Summary Execution – Isaias Manano, 23 years old of Bgy. Nacoco, Calapan City, Mindoro Oriental, was the General Secretary of Anakpawis - Mindoro Oriental and Acting General Secretary of KASAMA-MO (Kalipunan ng mga Mabubukid sa Mindoro Oriental or Federation of Peasant Organizations in Mindoro Oriental). On April 28, 2004, Isaias and Guillermo Coz, 47 years old of Bgy. Labasan, Bongabong, Mindoro Oriental just came from the house of a political candidate in Bgy. Pachoca, Calapan City. At around 9:30 pm, while they were walking along the main road, Guillermo noticed a man following them. He nudged Isaias and told him that a man was following them. Guillermo and Isaias

“HR-Manano-E”

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decided to split up to baffle the man following them; It was at this point that the man started shooting at them, killing Isaias. Suspected perpetrators are members of the 204th IBPA since Isaias was one of those being maligned by the military as a communist.

7. Edilberto G. Napoles: Summary Execution.. Edilberto “Choy” Napoles, Jr., 26 years old, secretary general of Bayan and provincial coordinator of Bayan Muna, was shot and killed on May 28, 2002 while riding on a tricycle with Ruel Landicho along the road of Bgy. Lumangbayan, Calapan City. Assailants are believed to be military assets who were seen wandering near the office of BAYAN-Mindoro Oriental since May 11, 2002, riding a red DT motorcycle. Choy Napoles was brought to the hospital and was declared dead on arrival. On May 2, 2005, Napoles had a heated exchange with MSgt. Hilario of the 204th IBPA when the latter went to Bayan’s office and bluntly told Mr. Napoles that Bayan is a communist organization and that its members should stop their activities. Mr. Napoles was also maligned by Msgt. Hilario in community meetings conducted by the military. Mr. Napoles’ name was even placed on leaflets naming him as a member of a communist group, which the military distributed to the public.

“HR-Napoles-F”

8. The Hacienda Luisita MASSACRE: Assault at the picket line resulting to massacre, serious physical injuries, illegal arrests, arbitrary detention, theft and malicious mischief – On November 6 2004, more than 5,000 worker-members of the United Luisita Workers’ Union (ULWU) and around 700 members of the Central Azucarera De Tarlac Labor Union (CATLU) declared a strike and set up a picket line in front of the Gate 1 of Central Azucarera de Tarlac of the Hacienda Luisita, Inc.; their demands include among others, increase in wages and benefits, and better terms and conditions of employment. On November 16, 2004, more than 700 elements of the PNP and 17 truckloads of military men from the NOLCOM together with armed personnel carriers (APCs), fire trucks and payloader arrived and were positioned inside the Central Azucarera de Tarlac compound at the other side of Gate 1. The PNP was deputized by DOLE Sec. Patricia Sto. Tomas to implement her return to work order and assumption of jurisdiction order. PNP to implement this. On November 16, 2004, the PNP together with the military, assaulted the picketline of the hacienda workers using tear gas canisters and

“HR-Hacienda Luisita-G”

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water cannons. While the strikers tried to defend their picketline, the police and military fired their guns at the workers that killed seven (7) farmers and wounded at least 72 people. After the tragic incident, the PNP and military arbitrarily detained and illegally arrested about 110 strikers.

9. Wilfredo Mananghaya: Summary Execution – Wilfredo Mananghaya, 42 years old, a tricycle driver, was the president of BAYAN-Bulacan and District Coordinator of Bayan Muna-Bulacan. On Sept. 20, 2001, around 10:00 AM, Wilfredo left the market of San Miguel, Bulacan to bring his three passengers to their destination. Shortly after he left, two men on board a motorcycle arrived at the market and asked the people there as to the whereabouts of Wilfredo. Upon learning that he had left the market, the two men also left. At around 10:30 am, while Wilfredo was driving his tricycle, a motorcycle pulled up near his tricycle and shot Wilfredo at the back of his head; the tricycle skidded and bumped at the side of the road. The two armed men went down from their motorbike and went to the bleeding Wilfredo and pumped two more bullets in his body to make sure that he is dead. According to witnesses, the motorbike used by the assailants was often seen going in and out of Camp Tecson. The perpetrators are believed to be elements of the Special Operations Command, First Scout Regiment Headquarters at Camp Tecson, San Miguel, Bulacan.

“HR-Mananghaya-H”

10. Councilor Abelardo “Abel” Ladera: Summary Execution – Abelardo Ladera, 45 years old, married with two children, was a leader of BAYAN MUNA Party list provincial chapter and No.2 elected Councilor in Tarlac City. On March 3, 2005 about 1:00 p.m., while he was buying spare parts for his vehicle at a store along MacArthur Highway in Brgy. Paraiso, Tarlac City, unknown assailants shot him hitting his upper left chest. He died on the spot. Assailants were believed to be members of the death squad team of the Armed Forces of the Philippines (AFP) Northern Luzon Command under Lt. Gen. Romeo Dominguez. Councilor Ladera consistently and courageously defended the rights and welfare of his constituents and the workers of Hacienda Luisita. As chair of the city council committee on human rights, labor and employment, he was able to pass several resolutions among which are: Support for the campaign for a P125 daily wage increase for workers in the private sector

“HR-Ladera-I”

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and a P3,000 across-the-board increase in the wages of government employees; Strict implementation of all wage orders and labor standards in Tarlac City; Sympathy and support for the 327 terminated plantation workers of Hacienda Luisita; Numerous resolutions declaring the intention of the Tarlac City council to mediate in labor disputes, not only in Hacienda Luisita, but in other establishments in Tarlac City; Support for House Resolution No. 155 which calls for a congressional inquiry on the implementation of the stock distribution option in Hacienda Luisita. 11. Marcelino Beltran: Summary Execution – Marcelino Beltran, 53 years old, married, was the Chairman of the Alyansa ng mga Magbubukid sa Gitnang Luzon (AMLG). Beltran was shot by more than 10 uniformed soldiers in front of his house in San Sotero, Sta. Ignacio, Tarlac on the night of December 8, 2004. Minutes before he died, Beltran told his family that military soldiers shot him. His family was supposed to bring him to a nearby clinic but two soldiers riding a motorcycle followed them, so they decided to bring him instead to the Tarlac Provincial Hospital where Beltran was declared dead on arrival. He suffered four gunshot wounds on his arms, thigh, stomach and back part of his body. Beltran was a known supporter of the striking peasant workers at Hacienda Luisita and was a witness in the killing of 7 workers at Hacienda Luisita during the Nov. 16, 2004 strike-dispersal.

“HR-Beltran-J”

12. Fr. William Tadena: Summary Execution, frustrated massacre, indiscriminate firing – Fr. William Tadena, 37 years old, married with two children, was a priest from the Philippine Independent Church in Tarlac City. In the early morning of March 13, 2005, after officiating a mass at the PIC in Brgy. Guevara, Lapaz, Tarlac City, Fr. Tadena was gunned down by two unidentified suspects who were riding a motorcycle with no plate number. He was on board a jeepney together with his sacristan, Charlie Gabriel, who was shot on his foot and thigh, Carlos Barsolazo, who suffered a gunshot wound on the head and was in critical condition and Ervina Domingo who escaped unhurt. Assailants are believed to be members of the military. Fr. Tadena was a known supporter of the farmworkers in Hacienda Luisita. He was also a human rights advocate who joined the fact-finding mission in Pura, Tarlac last 2004. He assisted the release of three civilians who were accused as NPA

“HR-Tadena-K”

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members in Victoria, Tarlac City last January 25, 2005.

13. George Loveland: Frustrated Killing, Assault at the picketline threat/harassment – George Loveland joined the strike at Hacienda Luisita. On January 5, 2005, at around 10:35 PM, George, together with several others who were manning the picketline at the West Gate of the Hacienda, saw a light gold Nissan Patrol car with plate number TLA 119 coming out of the hacienda. The car stopped in front of the strikers, then a burly, tall man shot George Loveland and the other strikers while hurling threats at them; the armed man even pushed one of the women strikers when she tried to intervene. George Loveland sustained gunshot wounds on the left side of his body. The vehicle just sped away without any action from the police who were just a few meters away from the place of the incident.

“HR-Loveland-L”

14. Bernie Santos: Enforced Disappearance – Bernie Santos, 32 years old, married, was illegally arrested and detained by the military on April 24, 2005 around 10:00 a.m. at Sitio Pangarayuman, Brgy. Balaong, San Miguel, Bulacan along with his cousin Florante Santiago. The two were forcedfully asked by the military to go with them to allegedly clarify something. Their hands were tied and they were blindfolded. The military took off the cloak on Florante Santiago’s eyes only the following day, i.e., April 25, 2005. He saw with him ten (10) other men who were similarly arrested by the military in Sitio Sulucan, Brgy. Balaong, San Miguel, Bulacan. Except his cousin, Mr. Bernie Santos, they were all turned over to the PNP by elements of the 702nd IB under the command of Army Capt. Matranillo Romasanta. Mr. Santiago later found out that his cousin was still in Camp Tecson and under interrogation. Mayor Edgardo Jose Buencamino and Captain Pablito delos Santos confirmed to the victim’s families that Mr. Bernie Santos was still in Camp Tecson but when the ALMMA Fact Finding Mission Team went to Camp Tecson, Col. Flordeliza told to them that they allegedly invited only eleven men and that Mr. Santos was not one of them. Until now, Bernie Santos remains missing.

“HR-Santos-M”

15. Jose Manabat: Summary Execution – On March 31, 2003, Jose Manabat, 37 years old was taken by ten (10) armed men believed to be members of the PNP-Bulacan Intelligence Unit; Jose was seen being forcedfully pushed inside a white Toyota FX with plate number 168 while standing at the side of the

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Municipal Building of Norzagaray, Bulacan. On the following day, April 1, an article from a newspaper Tempo of Freddie Velez reported the capturing of Jose Manabat by Supt. Arnold Gunnacao for being a suspected NPA member involved in an encounter between the NPA and AFP in Pandi, Bulacan on March 29, 2003. On April 4, 2003, a salvage victim was found in Brgy. Coral na Bato, San Rafael, Bulacan, but was immediately buried on April 7, 2003 at the municipal cemetery of PNP-San Rafael. The family of Jose heard the news and asked permission to reclaim and identify the body. The salvaged body was later identified as belonging to Jose.

16. Residents of Pandi, Bulacan: Forced Evacuation and Destruction of Properties – On March 29, 2003 at around 5:30 a.m., residents of Brgy. Siling Mantanda, Pandi, Bulacan heard incessant exchange of gun fires due to an encounter between the Philippine Army, along with PNP, and the NPA. Seven (7) families were forced to evacuate their houses. Jose Herno and his family were among those who were forced to evacuate the area using their truck, but the military ruptured the tire of their truck because it may allegedly be used by the NPA to escape the area. At around 3:00 a.m., while the evacuees were at the house of Yolando Herno, located at the upper part of the barangay, they saw the military burned down their house and took all their personal belongings.

“HR-Forced Evacuation-O”

17. The Lepanto Strike – serious physical injuries; illegal and violent dispersal of picket line – The Lepanto Employees Union (LEU) with a total membership of 1, 685 staged a strike on April 5, 2005 against the Lepanto Consolidated Mining Company (LCMCo), the country’s leading exporter of precious metals such as gold, copper and silver, located in Brgy. Paco, Mankayan, Benguet for unfair labor practices and flagrant violations of the Collective Bargaining Agreement (CBA). Since the Department of Labor and Employment Secretary Patricia Sto. Tomas issued a return to work order and Assumption of Jurisdiction order against the striking workers on May 10, 2002, elements of 54th IB PA, CPLA, CAFGU and several PNP units were deployed to Lepanto to disperse the striking workers and forced them to return to work even as the management of LCMCo still rejected the workers’ demand for wage increases and benefits. The PNP elements violently dispersed and

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demolished the picket line, confiscating the tents, food supplies, and some of the workers’ belongings.

18. Residents of San Miguel, Bulacan: Illegal Arrests and Searches – On May 5, 2005 at around 5:30-6:30 a.m., forty-three (43) residents from Brgy. Sta. Ines and Brgy. Masalipit, San Miguel, Bulacan were illegally arrested and searched by elements of 56th

infantry Battalion of the Philippine Army led by Lt. Col. Noel Clemente and elements of 702nd

Brigade led by Army Capt. Matranillo Romasanta. The 43 residents were suspected as NPA sympathizers by the military. They were taken to the headquarters of Alpha Company of the 56th IB, PA based in Brgy. Alagao, San Ildefonso, Bulacan. They were released only at around 7:00 in the evening and turned over to their respective barangays.

“HR-San Miguel Bulacan - Q”

19. Eduardo Serrano: Unlawful Arrest and Detention, Threat, Harassment and Intimidation, Coercion, Violation of the Rights of the Arrested and Detained Person – Eduardo Serrano, 50 years old, married. In the early morning of May 2, 2004, Ed Serrano, along with 2 other companions were forcibly taken by ten unidentified armed men while the bus they were riding stopped at the Tritran terminal in Lipa City, Batangas. He was blindfolded and his hands were tied. The armed men took their computer, cellphones, money and their personal belongings. The following day, he was presented to the media allegedly as the Spokesperson of the NDFP (National Democratic Front of the Philippines) in Mindoro Island. After he was presented to the media, his family and the human rights groups could not locate him. The military denied that he was in their custody. A habeas corpus petition was filed by his family and after 10 days, he was surfaced at the Calapan Provincial Jail on May 12, 2004. He was charged with several criminal cases.

“HR-Serrano-R”

20. The Caparro Case: Frustrated Summary Execution – Fr. Allan Caparro, 40 years old, married, is a clergy of the Iglesia Filipina Independiente (IFI) and assigned at IFI local church in Brgy. Sabang, Calbayog, Western Samar. His wife, Ms. Aileen Caparro, 34 years old, is a bookkeeper of the Diocesan Council of the Biliran-Leyte-Samar (BILESA) in IFI Diocese. On

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February 18, 2005 at around 6:30 p.m., three (3) unidentified assailants on board a motorcycle fired a .45 pistol at Fr. Caparro and his wife in Abuyog town, Leyte, wounding both of them. Fr. Caparro has been very vocal in his stance against large-scale mining and rising militarization in prospective mining areas.

21.Alden “Boy” Ambida: Frustrated Summary

Execution – Boy Ambida, 48 years old, married, is the incumbent Provincial Coordinator of BAYAN MUNA in Eastern Visayas. He is also the Vice-President of the Borongan Tricycle Drivers and Operators Association (BTDOA). On April 9, 2005 at around 11:00 a.m., while driving his motorcycle-for-hire at the vicinity of Brgy. Baybay 4, Libanan St., Borongan, Eastern Visayas, two unidentified men on board a STX brand motorcycle fired at him using a .45 pistol with ‘silencer’. He sustained two (2) gunshots: one in his chest and another at the side of his body. His fellow driver Ronal Ty, immediately brought him to the Borongan Provincial Hospital. Two days before the incident, his wife, Meredith noticed two men in the same type of motorcycle near the vicinity of their house in Brgy. Balud 1, Borongan, Eastern Visayas and believed to be conducting surveillance on them. Before the incident, a certain Domingo Cayabyab, a former military man and member of BTDOA warned him that an ISAFP element has already been assigned to kill him. The manner of the assailants was similar to the assassination of Atty. Felidito Dacut.

“HR-Ambida-T”

22. The Tomada Case: Frustrated Summary Execution – Dario Tomada, 46 years old, married, a farmer, is the Chairperson of SAGUPA-SB (Samahan han Gugti nga Parag-uma, Siringan Bisayas), a farmers’ organization in Eastern Visayas and Chairperson of ALMARYU (Alyansa ng Magsasaka para sa Repormang Agraryo. He is also the District Coordinator of Anakpawis Partylist. On the evening of May 6, 2005, Dario’s brother, Salvador Ycoy, 56 years old and deaf, who was then wearing the same clothes and eyeglasses like Dario, went out of the house when they heard gunshots. They saw Salvador sustained gunshots on his back and his left arm was shattered. It appears that Dario was the real target and that Salvador was mistaken to be Dario. On the last

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week of April, around 7:00 p.m., Dario saw two men in civilian clothes boarding a Yamaha DT motorcycle parked 20 meters away from their store as if they were waiting for someone. Dario believes that the assailants were from the 8th

Infantry Division of the Armed Forces of the Philippines and were conducting a surveillance operation on them. He also received death threats.

23. Emiliano Nardo: Summary Execution and Human Rights Violations in Hinabangan, Samar – Emiliano Nardo, of legal age, married, farmer was killed by unidentified armed men in Hinabangan, Samar on June 2005. Assailants believe to be members of the military. The said incident was part of the military operation in Eastern Visayas being conducted by the 8th Infantry Division of the Philippine Army led by Maj. Jovito Palparan.

“HR-Nardo-V”

24. Juanito Mesias, Jr. and Danny Guijarido: Summary Execution Cases – Juanito Mesias, Jr., 28 years old, married, a driver, was a member of BAYAN MUNA-Kananga Municipal Chapter. On May 13, 2001 around 11:30 p.m., Juanito Mesias, Jr. was gunned down by armed men suspected to be members of a private army of a local politician at Brgy. San Isidro, Kananga, Leyte. Mesias died on the spot. Due to the incident, another resident named Danny Guisando was injured and brought to Ormoc Disrict Hospital (ODH). Mesias was active in the campaign for Bayan Muna during the May 2001 polls.

“HR-Mesias/Guijardo-W”

25. Hinabangan, Samar: Summary Execution Case – Different cases of human rights violations such as Summary Execution was reported and documented by KARAPATAN in connection with the military operations in the area..

“HR-Hinabangan, Samar- X”

26. Samuel Bandilla: Summary Execution – Samuel “Sammy” Bandilla, 40 years old, married with two children, was the Regional Coordinator of Anakpawis Partylist in Eastern Visayas. He was also the Director of the Commission on Popular Struggles (COPS) of BAYAN-SB. On October 15, 2004 at around 10:00 p.m. at the vicinity of Brgy. 65, Paseo de Legaspi, Tacloban City, Mr. Bandilla was gunned down by armed men with .45 caliber pistol aboard a black motorcycle. The incident could be related to the labor dispute involving the LMWD (Leyte Metropolitan Water District Employees Association) affiliated by

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COURAGE-Eastern Visayas. Before the assassination, Mr. Bandilla was reportedly included in the “Order of Battle (OB)” of the elements of the 8th

Infantry Division of the Philippine Army.

27. Atty. Felidito Dacut: Summary Execution – Atty. Felidito Dacut, 51 years old, married, was the Regional Coordinator and Legal Counsel of BAYAN MUNA Partylist in Eastern Visayas. He was also the incumbent member of the Board of Directors of the Integrated Bar of the Philippines (IBP). On March 14, 2005 at around 6:45 p.m., Atty. Dacut was shot at his back by two unidentified men aboard a TMX single motorcycle at Real St., Tacloban City while he was on board a multi-cab vehicle on his way home from a meeting. The assailants used a short pistol with ‘silencer’ wearing white round T-shirts and maong pants. Atty. Dacut was among those who initiated a ‘solidarity mission’ to Catarman, Northern Samar; he was handling human rights and labor cases.

“HR-Dacut-Z”

28. Sixto Montabon Case: Summary Execution – On March 7, 2005, Sixto Montabon, Sr.’s house was burned to ashes allegedly by elements of the 34th

Infantry Battalion. His son, Sixto Montabon, Jr. is the secretary-general of Anakpawis party-list in Western Samar. Sixto Montabon, Sr. was never seen since then. Meanwhile, on March 14, 2005 at around 2:00 a.m., Marvin Montabon, of legal age and a farmer was gunned down allegedly by members of the 34th Infantry Battalion of the Philippine Army under the command of a certain Basillas, the Commanding Officer of the said military unit in Brgy. Palencia, Tarangnan Samar. His cadaver was burned together with his hut. Because of fear, three (3) families of Montabon left Barangay Palencia on March 15, 2005 at around 12:00 nn. The incident happened after Maj. Gen. Jovito Palparan declared an all-out campaign against suspected insurgents and anti-government rallyists in the region, “clearing them out” within a six-month period.

“HR-Montabon-AA”

29. Benjie Cabreza: A case of Torture. Benjie Cabreza, 15 years old, high school student, is a sacristan of San Pascual Baylon Parish Church in Jiabong, Western Samar. On May 3, 2005 around 2:00 p.m., Benjie was called by a group of military stationed within the Municipality of Jiabong, Western Samar headed by 2nd Lt. Ruby Dellano. He was interrogated and tortured by the military. He was asked who among their priests in San Pascual Parish Church is an NPA

“HR-Cabreza-BB”

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member. He was also suspected of being an NPA member. The military forced him to sign a document without explaining to him and letting him read the document and without the aid of counsel.

30. The Salazar Case: Attempted assassination, Threat, Harassment, and Intimidation – On May 4, 2005 around 9:00 p.m., Filomeno D. Salazar, Jr. 55 years old, married and with three children saw two unidentified armed men in civilian clothes near their house in Barangay Tin ago, Inopacan, Leyte aboard a motorcycle. Upon seeing the armed men, Filomeno called his brother-in-law who immediately contacted the Inopacan PNP Action Center. The PNP Action Center responded and it was learned that the armed men belong to the 19th IB of the Phil Army who admitted that they were on a mission/operation. Prior to the incident, Filomena’s former student who is now a CAFGU member told his wife, Gregoria that Mr. Salazar is included to the ‘Order of Battle’ by the military. .

“HR-Salazar-CC”

31. Constancio Calubid: Summary Execution – Constancio Calubid, 51 years old, married, was beaten and interrogated by (2) military men who were in their uniform and was carrying long firearms on July 16, 2005 in Brgy. San Andres, Villareal, Samar. Several soldiers were seen in the area and watching the assault. His wife, Rosalina, pleaded to the military not to beat her husband but they ignored her. One of the military aimed his gun at the 15-year-old son of Mr. Calubid, Julius, and threatened to shoot him when he attempted to come near his father. Mr. Calubid was then dragged by the soldier and taken away. After eleven (11) days of searching, Mr. Calubid’s lifeless body was found in Brgy. Sto. Nino, Villareal, Samar on July 27, 2005 around 10:00 p.m.

“HR-Calubid-DD”

32. Rev. Edison Lapuz: Summary Execution – Rev. Edison Lapuz was the Chairperson of Katungod-Karapatan in Eastern Visayas, founding member of PCPR, convenor of Justice for Atty. Dacut Alliance, conference minister of North Eastern Leyte Conference (NELCON)-UCCP and coordinator of Eastern Visayas, Visayas jurisdiction, UCCP. He was also the BAYAN MUNA coordinator for Leyte and Samar. On March 12, 2005, around 6:30 p.m. Rev. Lapuz was shot by two unidentified assassins aboard a motorcycle, hitting him on the left temple and stomach. He died on the spot. His companion, Alfredo

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Malinao, a peasant leader and barangay captain was also shot on the chest, near his heart. The killing took place in San Isidro, Leyte. On the month of May, military men went four (4) times to the house of Rev. Lapuz’ father. They asked him about the whereabouts of his son. The military men also asked for a copy of the latest picture of Rev. Lapuz. One of the military men was identified as a certain Lt. Mangohon. On May 13, 2005, Lt. Mangohan, along with four military men visited the wake of Rev. Lapuz, a few hours after he was gunned down.

33. Human Rights Violations in Paranas, Samar: Enforced Disappearance, Illegal Search – In the evening of April 13, 2005, the 34th IB headed by their commanding officer Lt. Igos, called a meeting of barangay officials in Brgy. Tapul, Paranas, Samar to discuss about the alleged infiltration by the NPA of the said barangay. Allegedly, barangay officials were the first to be recruited and approached by NPA members. Lt. Igos asked the barangay officials of having links with the NPA to surrender, otherwise they will conduct a house-to-house investigation; On April 19, 2005, six military soldiers forced Edito Jacaset, a barangay resident, to allow them to temporarily stay in his house; local residents suspected of being NPA sympathizers were each called to Edito’s house where they were subjected to interrogation, threats and harassments. This is part of the counter-insurgency operation conducted by the government soldiers under the 8th Infantry Division led by Maj. Gen. Jovito Palparan.

“HR-Paranas-FF”

34. Jovito Velasco: Enforced Disappearance – Jovito Velasco, of legal age, married and a farmer, was abducted allegedly by members of the 63rd IB, PA led by Lt. Ricky Khadil under the command of Col. Manuelito Usi of the 8th ID based in Brgy. Hamorawon, Calbayog City, Samar on April 22, 2005 around 2:00 in the morning. Mr. Velasco was taken from his house and forcibly brought to a nearby gymnasium where he was interrogated and manhandled at gunpoint along with Narciso Parani. They were accused of being NPA members. Until now, Mr. Velasco and Mr. Parani remain missing.

“HR-Velasco-GG”

35. Narciso Parani: Enforced Disappearance – Narciso Parani, of legal age, married and a farmer, was abducted by about fifteen (15) military men

“HR-Parani-HH”

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allegedly members of 63rd Infantry Battalion of the Philippine Army led by Lt. Ricky Khadil under the command of Col. Manuelito Usi of the 8th ID based in Brgy. Hamorawon, Calbayog City, Samar on April 22, 2005 around 2:00 in the morning, along with Jovito Velasco. About ten (10) military men forcibly entered their house and took with them Mr. Parani. When his 4 year old son, Gilbert, attempted to go to his father- Narciso, one of the military personnel kicked the boy and stepped on his index finger using his combat shoes. The military also took away their jewelry and money. Mr. Parani remains missing together with Jovito Velasco. The two were accused by the military as being members of the NPA.

36. Human Rights Violations in Catbalogan, Samar – On April 2, 2005 around 7:00 a.m., Arlene Duena, 23 years old, married, was inside their house in Purok 1 extension A, Brgy. Canlapwas, Catbalogan, Samar when two military men approached her and her husband Crispin; Arlene was interrogated by the military and forced her to confess that she had joined the NPA; that her father Alfredo Labong, who was already more than 50 years old and her brother Alberto also joined the NPA. After that the military went to the house of Alfredo Labong in Purok 8, TV Pavillion, Brgy. Canlapwas, Catbalogan, Samar and forcibly took him with them. Mr. Labong remains in the custody of the military.

“HR-Catbalogan, Samar-II”

37. Human Rights Violations in Basey, Samar – Residents of Basey, Samar were harassed, threatened, intimidated, and suffered physical assaults from members of the 8th Infantry Division of the Philippine Army conducting counter-insurgency operations in the area. Mr. Valeriano Tagal, 61 years old, married with six (6) children was manhandled by the military on May 22, 2005 around 3:00 in the afternoon in Brgy. Old San Agustin, Basey, Samar. Because of fear from the counter-insurgency operations being conducted by military soldiers, (10) families from Sito Binugho, Brgy. Mabini, Basey, Samar were forced to leave their homes.

“HR-Basey, Samar-JJ”

38. The Cases of Junrey Cata , Ranley Casil, Junrey Casil: Coercion, Physical Assault, Abduction, Threat, Harassment, Intimidation – On May 4, 2005 around 4:00 p.m. Junrey Cata, Junrey

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Casil and Ranly Casil;18, 17 and 13 years old respectively, were forcibly taken by more or less 20 armed men in military uniform. They were tortured and interrogated by the military. They were forced to act as guides in looking for NPA’s for three days. On May 7, 2005 around 7:00 a.m., the three were released after their relatives and parents arrived. But four farmers namely, Lolong Casil, Lowi Casil, Joel Amahan and Arnulfo Casil, were forced to stay by the military men.

39. Reneboy Guisando, Charlie Oclarit Salome and Edilberto Eda: Torture, Physical Assault and Injury, Threat, Harassment, Intimidation – Reneboy Guisando, 26 years old, married, a farmer in Mam-on, Tubo-tubo, Cagwait, Surigao del Sur; Charlie Oclarit, 17 years old, a farmer in San Pedro, Marihatag, Surigao del Sur. On April 29, 2005, the two farmers were tortured, beaten and harassed by members of the military belonging to the 58th Infantry Battalion and 6th Scout Rangers Company. They were kicked and interrogated by the military about their alleged involvement in the NPA. This is part of the military’s counter-insurgency operations in Surigao del Sur.

“HR-Guisando, Salome Eda-LL”

40. Jessie Bacasmas: Summary Execution, Denial of Medical Attention – On May 12, 2005, at around 8:00 a.m., Jessie Bacasmas, 26 years old, a farmer in Km 9 – Emerald, Diatagon, Lianga, Surigao del Sur was shot at his right-lower chest while he was getting their belongings and fetching his siblings as they will evacuate their place due to the Anti-Insurgency Operations of the Armed Forces of the Philippines. Mr. Bacasmas’ relatives attempted to help him but were prevented by three (3) military men. They were only permitted when they insist the military to help Jessie. He was placed on a steel flooring of the ten-wheeler truck. On their way to the hospital, the truck was stopped several times by the military and subjected to interrogation and illegal search. Instead of immediately bringing Jessie to the hospital, he was first brought to the Diatagon Health Center where he was only given a dextrose; then he was brought to the nearby District Hospital at Lianga, Surigao del Sur where he was declared dead on arrival. The military men who denied his medical attention were from the 58th IB, PA and 6th Scout Rangers Company.

“HR-Bacasmas-MM”

41. Joel Amahan, Lolong Casil, Lowi Casil and Arnulfo Casil : Enforced Disappearance – Joel

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Amahan, Lolong Casil, Lowi Casil and Arnulfo Casil were all farmers from Surigao del Sur. In the early morning of May 7, 2005, they went to Andap, Marihatag, Surigao del Sur together with Gerome Casil and Alvin Tamparong to look for the three youths namely: Junrey Cata, Ranly Casil and Junrey Casil, who have been missing for three days. At the house of Arnulfo Casil, they saw the three youths being held by military men. The group insisted for the military to release the three youths. After negotiations, the three youths were released but Lolong Casil, Lowi Casil, Joel Amahan and Arnulfo Casil were forced to stay by the military. This was the last time the four farmers were seen. Up to the present, the four farmers have not returned. 42. Surigao del Sur: Other Cases of Threats, Intimidation, Harassment, Coercion, Physical Assault, Divestment of Properties – On May 18, 2005 at about 1:00 p.m., around 15 military men headed by Col. Francisco Simbajon and Maj. Emmanuel Aguaviva on board of three units of 6x6 military vehicles passed by at the Elementary School of Brgy. Diatagon where evacuees from Km. 9-Emerald are taking refuge. The two military officers forcibly entered the school gate despite protests from the teachers of TriFPSS (Tribal Filipino Program of Surigao del Sur). The TriFPSS teacher and Karapatan Regional Staff of Surigao del Sur namely: Welihado Quevedo, Nicnel Quevedo, Nora Vigonte, Susan Rivas, Noel Enriquez, Norma Ampis, Analyn Lumawag and Lodivena Esyuya were harassed and threatened by the military.

On April 4, 2005 around 10:00 a.m., Jeffrey Magto, 16 years old, together with two other men were interrogated by the military believed to be members of 58th IB, PA in Magkahunaw, Buhisan, San Agustin, Surigao del Sur. The three were forcibly taken by the military and were used to guide them in their operations against the NPA. They were released at around 6:00 p.m. of the same day. On June 5, 2005 at around 2:00 a.m., unidentified men ransacked the law office of Atty. Antonio Azarcon in Bongtud, Tandag, where Karapatan-Surigao del Sur was also maintaining its office. The perpetrators destroyed the tightly closed and unused aircon hole that served as their entrance to the office and took away P1, 500. One of the steel cabinet drawers was

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forcibly opened.

41. Buyung-Buyung Isnijal: Serious Physical

injuries, warrantless arrest, Arbitrary Detention, Violation of Domicile, Illegal Search – Buyung-buyung Isnijal, 32 years old, married, a farmer was sleeping with his wife, Juraida and their two children inside their house in Brgy. Upper Bato-bato, Tuburan, Basilan on July 25, 2002 between 12:00 midnight to 1:00 in the morning. They were awakened when two military men from the 18th

Infantry Battalion of the AFP led by Lt. Cabanayan and a black American soldier named Reggie Lane forcibly entered their house. Buyung-buyung was pushed to the floor and the black American soldier Reggie Lane stepped on the left side of his head with his boots on to pin him down; Reggie Lane then shot Buyung-buyung twice, he was hit on his left thigh and left buttock. His wife, Juraida came to his rescue but the black American soldier Rewggie Lane prevented her. Meanwhile the two Filipino soldiers ransacked their house. There were also about 20 Filipino soldiers and two Caucasian-looking American soldiers who were outside their house manning the area. After the shooting, the two Caucasian-looking American soldiers went inside the house and gave Buyung-buyung medical treatment; He was then taken by the Filipino soldiers to the Lamitan District Hospital. While on board a vehicle, he was asked by the soldier where he hid his firearm. Buyung-buyung vehemently denied having any firearm. In the hospital, Buyung-buyung was tightly guarded by two Filipino soldiers.

“HR-Isnijal-PP”

42. The Marihatag, Caras-an, Lianga, Surigao Del Sur Forced Evacuation - From April to May 2005, about 316 families with 2,241 individuals evacuated from Marihatag, Caras-an, Lianga, Surigao Del Sur due to the military operations against MAPASU communities (Malahutog Pakigbisog Alang sa Sumusunod or Preserving Struggle for the Next Generation) - an organization of lumad communities in Lianga, San Agustin, San Miguel and Marihatag, around the Andap Valley to protect the mining operations in the area; the area was allegedly a stronghold of the NPA, strongly opposed to large-scale, destructive mining operations.

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43. The Padiwan Family Massacre, Frustrated Massacre, Indiscriminate firing, Grave Threats – On February 1, 2005 around 6:00 a.m., elements from 53rd Infantry Battalion led by Col. Dennis Villanueva indiscriminately fired at the Padiwan Family who were inside their house in Brgy. Kapuk Punggul, Sitio Bauno Ice, Maimbung, Sulu. The incident resulted in the death of four members of the family, namely: Tal Padiwan, his wife, Nurshida Padiwan, their 14 year old son, Aldassir Padiwan and Salip Faisal. Almujayal Padiwan, 7 years old and Grade 1 student, was hit by a bullet in the stomach, his right thumb in his right hand was already gangrened. His upper body sustained severe burns as a result of close-range shots. Other survivors are Madzrana Padiwan, Aljeezar Padiwand and Arsheed Padiwan, who are 10, 3 and 14 years old respectively.

“HR-Padiwan Family-RR”

44.Sulu Mercy Mission Report, March 17-22, 2005 “HR-Sulu Mission-SS”

45.Sulu Fact - Finding and Medical Mission Report, April 2002

“HR-Sulu FFM-TT”

46. Basilan Fact-Finding Mission, September 2001 – The intensive military crackdown in Basilan resulted to 126 Muslims arrested without warrants, most of them were tortured and forced to sign a documents admitting that they are members, supporters and sympathizers of the Abu Sayaff group. Many are still languishing in jail at present and were transfer in Camp Bagong Diwa in Bicutan, Taguig, Metro Manila.

47. The Bicutan Massacre, March 2005 – On March 14, 2005, around 7:30 a.m., about 10 prisoners planned a jailbreak led by Alhamser Manatad Limbong, aka Commander Kosovo in Camp Bagong Diwa in Bicutan, Taguig, Metro Manila. A team composed of Gov. Hussin, Cong. Hataman, DILG Sec. Angelo Reyes and Gen. Avelino Razon was formed to negotiate with the group of Commander Kosovo. The jail breakers demanded to the negotiators that if they surrender they will not be hurt, to a speedy trial of their cases, to investigate the human rights violations committed against them and to have full media coverage while surrendering to the police. On March 15, 2005, at around 9:15 a.m., Sec. Reyes ordered the PNP-SAF (Special Action Force) to assault the SICA

“HR-Basilan-FFM-UU”

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(Special Intensive Care Area) Building. The PNP-SAF indiscriminately fired at the SICA Building, resulting to the death of 24 inmates, 11 of whom were included in the Free 73 Basilan, and injured many inmates.

48.Report of the Fact-Finding Mission in the Municipality of Palapag, Northern Samar, 09-10 September 2005

“HR-VV”

49.Compilation of Urgent Actions Sent Out for the Year 2003

“HR-WW”

50.The Human Rights Record of the Arroyo Administration: Four and a Half Years of State Terror (July 18, 2005)

“HR-XX”

51.Opposition to the promotion and Confirmation of Col. Jovito Palparan, Jr. to Brigadier General

“HR-YY”

52. Transcript of hearing conducted by the Philippine Senate Committee on Justice and Human Rights jointly with the Committee on Peace, Unification and Reconciliation on May 6, 2003 “On the Eden Marcellana-Eddie Gumanoy Killings.”

“HR-ZZ”

53. Transcript of the Public Hearing conducted by the House of Representatives Committee on National Defense and Security on May 25, 2005: “On the Human Rights Violations in Samar as taken up by Rep. Catalino Figueroa in his Privilege Speech”

“HR-AAA’

54. Transcript of the hearing conducted by the House of Representatives Committee on National Defense and Security on May 31,2005: “On the Human Rights Violations in Samar as taken up by Rep. Catalino Figueroa in his Privilege Speech”.

“HR-BBB”

55. Various letters informing President Arroyo of the Human Rights violations committed under her administration.

“HR-CCC”

All of these documents were properly identified by expert witness MARIE HILAO-ENRIQUEZ, corroborated by witness SATUR OCAMPO and others. The data contained therein were based on government records including police blotters, police investigation reports and data gathered by human rights field workers from relatives of victims and eye witnesses.

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II-A. Documentary evidence consisting of reports of international human rights organizations, United Nations bodies and international solidarity missions

1. Amnesty International (AI) Reports

a. The AI 2003 Report (covering events from January-December 2002) made the following observations on the human rights situation in the Philippines:

“High-ranking military officials accused lawful groups critical of the government of having close links with the NPA. Individuals publicly portrayed as active NPA sympathizers risked being viewed by the military as legitimate targets of counter-insurgency operations, making then highly vulnerable to grave human rights violations.”

b. AI 2004 Report (covering events from January-December 2003) made the following observations on the human rights situation in the Philippines:

“Attempts to revive peace talks with Muslim separatists in Mindanao made little progress following a military offensive, which sparked mass displacement of civilians and increased tension related to alleged Islamist “terrorist” bombings. Arbitrary arrests, torture, extrajudicial executions and “disappearances” were reported in the context of operations against suspected Islamist “terrorists”, Muslim separatists and communist insurgents…”

c. AI 2005 Report (covering events from January-December 2004) made the following observations on the human rights situation in the Philippines:

“Despite an extensive array of institutional and procedural safeguards, suspected perpetrators of serious human rights violations were rarely brought to justice. Prolonged and frequently unfair trial proceedings placed excessive burdens on people seeking judicial remedies for human rights abuses. Victims from poor or marginalized communities, when faced with physical threats combined with “amicable” financial settlements, frequently abandoned attempts to seek redress.”

2. Asian Center for Human Rights’ consideration of the second periodic report of the Philippines (CCPR/C/PHL/2002/2) by the

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United Nations Human Rights Committee Report titled “Human Rights Record of the Philippines: Spectacular on Paper” made the following conclusions and recommendations:

“The Philippines is a classic case of failure at implementation of human rights standards while according many rights on paper.”

“Asian Centre for Human Rights (ACHR) requests the United Nations Human Rights Committee to consider, among others, the following recommendations in its Concluding Observations on the Philippines for effective implementation of the International Covenant on Civil and Political Rights (ICCPR):

• Take effective measures for implementation of the UN Principles on the Effective Prevention and Investigation of Extrajudicial, Arbitrary and Summary Executions;

• Disband Vigilante groups supported by the armed forces;

• Make necessary amendments in the law to broaden the definition of torture to include all forms of torture;

• Ban hamleting of indigenous peoples.”

3. The Alliance for the Advancement of Human Rights (KARAPATAN) Report entitled “The Current Human Rights Situation in the Philippines vis-à-vis the Government’s Obligations under the 1966 International Covenent of Civil and Political Rights (ICCPR)” submitted to the United Nations Human Rights Committee states in quite strong terms:

“[P]erpetrators of all these violations have remained unaccountable to the crimes they have committed. Their actions have been tacitly recognized, condoned or tolerated by the government. Some have just been reassigned, some remained in their positions or worse even promoted to a higher rank or given “rewards” such as foreign scholarships. Quite a number have been politically rehabilitated, occupying powerful positions in the legislative and executive branches of government.

The military commander of the army brigade in Mindoro Oriental who has been consistently implicated in the deaths of civilians and progressive leaders has been promoted to general. Despite being by-passed by the legislative Commission on Appointments, he enjoys the benefits of a general and has been recently appointed to head a higher military unit.

The former general and Defense Secretary under whose watch violations of human rights thrived was forced to resign this year

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after being tagged as one of the corrupt military officials by the soldiers who staged a mutiny in July. General Victor Corpus of the Intelligence Services of the AFP (ISAFP) resigned earlier after being implicated in the bombing of airports and wharfs in Mindanao. Both were just recently promoted to new government positions by President Arroyo as the Ambassador-at-large for Counter-Terrorism and as head of the Armed Forces Civil Relations Services, respectively.

These are not new to the ordinary Filipino as the present legal and judicial system has not worked in their favor and interests and has kept a lot of criminals and human rights violators scot-free through legal delays, undue technicalities or threats of reprisals. Cynicism and erosion of confidence in legal and judicial institutions and processes is prevalent. On the other hand, many members of progressive organizations and ordinary poor people are at once put to jail via fabricated charges without the benefit of their rights. The criminalization of what appears to be clearly political offenses as in the case of 7 farmers in Cagayan in Northern Luzon continues.

x x x

In sum, the engenderment and impunity for human rights violations are borne by a combination of an utter lack of people-oriented political will of the government to genuinely address, promote and protect the human rights of the people which are being sacrificed under the invocations of “development,” “counter-insurgency,” “national security” and “war against terror.” It is manifest in the recurrence of violations, the non-accountability of perpetrators, the condonation of atrocities and the ineffective or merely formal or nominal gestures and legal enactments.”

3. Concluding observations of the United Nations Human Rights Committee adopted at its 2153rd and 2154th meetings held on October 30, 2003, based on reports submitted by the Philippines under Article 40 of the Covenant, observing among others:

“The Committee is concerned about the lack of appropriate measures to investigate crimes allegedly committed by state security forces and agents, in particular those committed against human rights defenders, journalists and leaders of indigenous peoples, and the lack of measures taken to prosecute and punish the perpetrators. Furthermore, the Committee is concerned at reports of intimidation and threats of retaliation impeding the right to an effective remedy for persons whose rights and freedoms have been violated.”

4. Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people submitted by Mr. Rodolfo Stavenhagen in accordance with the UN Commission on

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Human Rights, March 5, 2003. The report made the following conclusions:

“The Special Rapporeur is concerned about multiple reports of serious human rights violations involving indigenous peoples, within the framework of a process of militarization of indigenous persons. Such abuses include attacks upon the physical integrity and security of indigenous persons, dispossession and destruction of property, forced evacuation and relocation, threats and harassment, disruption of the cultural and social life of the community, in other words, the violation of civic, economic, social and cultural rights. This situation has several aspects. On the one hand, it involves units and military personnel of the Philippine Army who have been accused of perpetrating such human rights abuses, as well as local military irregulars such as CAFGUs and “private” armies of local political and economic elites with the backing of members of the army hierarchy. On the other hand, militarization is related to two concurrent processes: firstly, the powerful interests of mining, logging and agribusiness enterprises, which acquire control over indigenous lands and resources even against the wishes of the indigenous communities and without their free and prior consent as the law establishes. Secondly, militarization takes place in the framework of the counter-insurgency tactics of the Philippine Army in the war against rebel groups, particularly NPA, in which indigenous communities may be caught up as hapless victims.”

6. Report of the International Solidarity Mission Against US Armed Intervention in the Philippines, July 24-31, 2002 has found and concluded, among others, that:

a. US military forces abet massive human rights abuses and terror committed by the AFP against the Filipino people. Human rights violations continue unabated in Zamboanga, Basilan and Sulu during Balikatan exercises.

b. US-supported military operations in several instances have displaced and violated the rights of the Moro people and other Filipinos from the local communities, including women and children, and have abused the environment.

c. US military presence and increased militarization in Basilan, Zamboanga and Sulu do not resolve economic backwardness, grinding poverty, social dissent and mass unrest. Militarization only exacerbate the people’s misery.

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