Observatory for the Protection of Human Rights Defenders Annual Report 2006 - Philippines

Extrajudicial killings

Lack of inquiry into several extra-judicial killings of defenders⁹¹

While defenders remained the victims of extrajudicial killings in 2006, their perpetrators and/or those behind them escaped any kind of prosecution. As of the end of 2006, most of the cases of defenders who were executed in 2005 remained indeed unpunished:

– Mr. Romeo Sanchez and Mr. Fedilito Dacut, regional coordinators of Bayan Muna, a political party principally constituted of trade unions, were killed on March 9 and 14, 2005 respectively in Baguio and in Tacloban. Along with other defenders, Mr. Fedilito Dacut had protested against the nomination of Major General Jovito S. Palparan Jr. to the position of major general of the 8th infantry division in Eastern Visayas because of his responsibility for serious human rights abuses.

– On March 24, 2005, Mrs. Marlene Garcia-Esperat, a journalist involved in the struggle against corruption (in particular in the Mindanao region), was killed in her house in front of her family. Her husband had previously received death threats. In 2006, section 21 of the Regional Trial Court (RTC) in Cebu held Sergeant Estanislao Bismanos, Mr. Gerry Cabayag, a gunman, and Mr. Randy Grecia guilty of Mrs. Marlene Garcia-Esperat's murder, which was qualified as "treason". They received a life sentence. The three men were also sentenced to pay compensation of 75,000 Philippine pesos (1,144 euros) to the journalist's estate for civil damages, 75,000 pesos for emotional damages, and 25,000 pesos (395 euros) for exemplary damages and fees. A fourth suspect, Mr. Rowie Barua, a former secret services agent who reportedly coordinated the plot, was acquitted.

However, the people behind the murder had not yet been identified by the end of 2006.

– On May 12, 2005, Reverend Edison Lapuz, a priest involved in the defence of human rights, and Mr. Alfredo Malinao, a peasant leader, were murdered in San Isidro, Leyte.

– On October 25, 2005, Mr. Ricardo Ramos, president of the Central Azucarera de Tarlac Labour Union (CATLU), was killed while he was in his garden in Barangay Mapalacsiao, Tarlac. Five hours earlier, the union had received more then eight million Philippine pesos (126,000 euros) from Hacienda Luisita Inc., in the framework of an agreement for overdue salaries. No inquiry had been opened as of the end of 2006 and the authors of the crime had not yet been identified.

– Moreover, on August 21, 2006, the Task Force Usig of the Philippine National Police (PNP), a special military unit whose object is to enquire into extrajudicial killings of activists and journalists, stated that, among others, Mr. Fedilito Dacut and Rev. Edison Lapuz were "thieves".

– As of the end of 2006, no further information was available concerning the state of inquiries into the extrajudicial killings of Mr. Arnulfo Villanueva, a columnist for the Asian Star Express Balita, a community newspaper in Cavite (February 28, 2005); Mr. Klein Cantoneros, a presenter for the radio station DXAA-FM Dipolog City, well-known for his denunciations of the corruption of local officials (May 4, 2005); Mr. Philip Agustin, editor and publisher of Starline Times Recorder, a local community newspaper in Aurora (May 9, 2005); Mr. Leodegario Punzal, a member of PISTON (September 13, 2005); Mr. Diosdado "Ka Fort" Fortuna, president of the Filipino Employees Union of the Unity of Workers in Southern Tagalog – May First Movement (PAMANTIK-KMU), and the Anakpawis political party – South Tagalog section (September 23, 2005); Ms. Victoria Samonte, vice-president of the Caraga section of KMU, president of the Andres Soriano College Employees' Union, president of ACT-BISLIG, president of the Drivers and Operators of Cumawas and Bliss Association (DOCUBA), secretary general of the Bislig City Alliance of Transport Association (BCATA), and president of the Castillo Bagong Lipunan Homeowners' Association (CBLHA) (September 30, 2005); and Mr. Federico de Leon, spokesperson for the Bulacan Confederation of Operators and Drivers' Association (BCODA), president of PISTON in Bulacan province and president of the Bulacan section in Anakpawis (October 26, 2005).

Extrajudicial executions of peasant leaders⁹²

Since the beginning of 2006, many peasant leaders have been killed, in particular in relation to land reform disputes, including:

– On January 10, 2006, Mr. Antonio Adriales, a farmer and leader of Aguman Dareng Maldang Talapagobra Queng Gabun (AMTG) in San Isidro, Mexico, Pampanga, was killed by two unidentified persons. Mr. Adriales was leading the farmers' movement in the region and had fought the establishment of the detachment of the 69th infantry battalion of the army in Mexico⁹³.

– On March 27, 2006, Mr. Vicente B. Denila, an active member of the Camansi Farm Workers Cooperative (CFWC), whose members are beneficiaries of the land reform, was killed by two unidentified men in Sitio Cansuy-ong, Barangay Novalla, Tanjay City. Since his death, the members of his family have been threatened on a regular basis, which has forced them to move out.

– On April 15, 2006, Mr. Rico Adeva, a member of the Task Force Mapalad (TFM), a national peasant federation, and his spouse, were attacked by three unidentified men in Hacienda Fuego II, Brgy. Bagtic, in the town of Silay, as they were going home. Two of the men fired at point blank on Mr. Adeva, killing him on the spot, whilst the third man immobilised his wife. This murder occurred following a confrontation between TFM and the management of the Hacienda.

– On April 22, 2006, Mr. Porferio Maglasang Sr., chairperson of the Kabankalan chapter of the National Federation of Free Farmers (Pambansang Katipunan ng Malayang Magbubukid – PKMM), was killed by three unidentified men near his house in Sitio Caraan, Brgy. Tampalon, city of Kabankalan. Mr. Porferio and PKMM were fighting for nearly 2,000 hectares of land cultivated by almost 1,000 families in the highland areas of Kabankalan city.

– On April 24, 2006, Mr. Ka Eric, alias Enrico Cabanit, secretary general of the National Coordination of Local Autonomous Organisations of Rural Populations (Pambansang Ugnayan ng mga Nagsasariling Lokal na Organisasyon sa Kanayunan – UNORKA), an NGO fighting for land reform, was killed on the public market of Panabo by two unknown people. His daughter, who was with him at the time, was seriously injured and was taken to hospital in critical condition⁹⁴. Mr. Ka was killed by four bullets in the head as he was leaving a meeting with official representatives of the Department of Agrarian Reform (DAR) and other farmers in the UNORKA-Mindanao office. The aim of the meeting was to ensure that the lands belonging to the Floirendo family and located in the penitentiary colony of Davao (DAPECOL) were included in the list of the land subjected to the Comprehensive Agrarian Reform Programme (CARP). Indeed, under the programme the land must be redistributed by the owners to the beneficiaries.

– On May 16, 2006, Mr. Pedro Angcon, human rights manager of the Alliance for the Advancement of Human Rights (KARAPATAN) and one of the directors of Anakbayan (an affiliated youth movement in Bayan), was shot dead in his shop by two unknown persons in Guihulngan, Negros Oriental. Earlier, these two men had questioned several persons in his neighbourhood inquiring on his whereabouts. The two men immediately returned towards Guihulngan⁹⁵.

– On May 17, 2006, Mr. Mario Domingo, president of the Hacienda Cambuktot Agrarian Reform Beneficiaries Association (HACARBA), was killed while visiting land occupied by 20 employees of Mr. Fairley Gustilo, the former owner of the land that had been awarded to the peasants by the Department of Agrarian Reform (DAR). When Mr. Domingo arrived, several of the employees fired at him and his colleagues, who then tried to escape. However, two employees continued to fire at Mr. Mario Domingo, who died instantly.

– On June 11, 2006, Mr. Manny Delos Santos, a member of the board of directors of the Peasant Alliance in Central Luzon (Alyansa ng Magbubukid sa Gitnang Luson-Nueva Ecija – AMGL), was shot dead by two men on motorbikes in Brgy. Oliveti, town of Bongabon, Nueva Ecija province. Mr. Delos Santos was about to leave for a five-day peasant protest in Manila⁹⁶.

– On June 17, 2006, Mr. Tito Marata, head of the media department of the Philippines Peasants' Movement (Kilusang Magbubukid ng Pilipinas-Western Mindanao – KMP), was shot down by an unidentified person in Oroquieta. According to a witness, the murderer said: "I had already warned you to stop your activities". Mr. Marata had actively participated in campaigns in favour of better land reform, against mining operations prejudicial to the environment, and against human rights abuses⁹⁷.

– On June 20, 2006, Mr. Eladio Dasi-An, a volunteer with KARAPATAN's Negro section and vice-president of the Anti-Mine Alliance of Guihulngan, was assassinated by two unknown men on his way home in Barangay Malusay, Guihulngan.

– On June 26, 2006, Mr. Wilfredo Cornea, TFM vice-president and leader of the Mulawin Lanatan Agrarian Reform Beneficiaries Association (Mulawin Lanatan Agrarian Reform Beneficiaries Association – MULARBA), was assassinated at his home in the Hacienda Mulawin by two unidentified gunmen. Mr. Cornea was an ardent defender of the rights of the farmers who had been granted land under the CARP, to which the owner of the Hacienda was opposed.

– On July 4, 2006, Mr. John Gado, Mr. Igmidio Facunla's nephew, AMGL's general secretary, was shot down in front of his home in Yuson village, Guimba City, Nueva Ecija province. Just before his nephew's death, Mr. Facunla had complained about acts of harassment from the army⁹⁸.

– On September 7, 2006, Mr. Victor Olayvar, president of the Bohol Peasants' Organisation (Hugpong sa Mag-uumang Bul-anon), responsible of the regional section of Bayan Muna in the city of Tagbilaran and vice-president of Bayan-Central Visaya, was targeted by two individuals on a motorcycle, who shot at him. Mr. Victor Olayvar died from his wounds at the Francisco Dagohoy Hospital in Inabanga. He was particularly involved in the fight against genetically modified organisms (GMO)⁹⁹.

– On November 11, 2006, Mr. Joey Javier, former president of the Peasants' Alliance of Cagayan (Alyansa dagiti Mannalon ti Cagayan – KAGIMUNGAN), an affiliate organisation of KMP, and programme manager, was shot dead by two unidentified individuals as he was going to Baggao, Cagayan province. Previously, he had received death threats, notably by SMS. In October, soldiers had publicly threatened him¹⁰⁰.

Extrajudicial killings of union leaders¹⁰¹

– On February 27, 2006, Mr. Napoleon Pornasdoro, secretary general of the Southern Tagalog Teachers for Development (STATEMENT), and a member of the National Council of Alliance of Concerned Teacher (ACT), was assassinated.

– In early March 2006, Mr. Robert De la Cruz, a member of the Tritran Bus Lines' Union, was assassinated.

– On March 6, 2006, Mr. Rogelio Concepcion, a member of the Solid Development Corporation Workers' Association (SDCWA), was kidnapped and subsequently killed. Mr. Concepcion was allegedly kidnapped by members of the infantry's 24th battalion.

– On March 17, 2006, Mr. Tirso Cruz, a member of the board of directors of the United Luisita Workers' Union (ULWU), was killed in Hacienda Luisita. Mr. Cruz had received many death threats since a strike in 2005 and was a key witness of the November 16, 2004 massacre in the Hacienda¹⁰². He had also been one of the leaders of the fight against the construction of the Subic-Clark-Tarlac highway and the deployment of soldiers inside the hacienda.

– On July 6, 2006, Mr. Paquito Diaz, president of the Confederation for Unity, Recognition and Advancement of Government Employees (COURAGE), was shot dead in front of his house in the town of Tacloban.

– On September 2, 2006, two men stopped the car of Mr. Sanito Bargamento, a member of the National Federation of Sugar Workers (NFSW), and shot him near Barangay, town of Manapla. On April 13, 2005, his brother, Mr. Edwin Bargamento, leader of NFSW, had also been murdered. As of the end of 2006, his murder had not yet been resolved¹⁰³.

Extrajudicial killings of several members of civil society

– On July 24, 2006, four armed men wearing military uniforms abducted Mr. Ernesto Santiago, head of the Coalition Against Pollution (Koalisyon Laban sa Polusyon), from his home in Tulikan, Brgy. Dulong Malabon, Pulilan, Bulacan. The Coalition Against Pollution is a local organisation that protests against the dumping of toxic waste emanating from factories in the irrigation system, which has polluted the rice fields of several villages in Pulilan and Calumpit¹⁰⁴.

– On July 31, 2006, Mr. Rie Mon Guran, spokesperson for the League of Philippino Students in the University of Aquinas, Legazpi town, was shot in Bulan, Sorsogon, by an unidentified man¹⁰⁵.

– On October 3, 2006, Father Alberto B. Ramento, a bishop in the Philippine Independent Church (PIC) in Tarlac, was stabbed to death at dawn in the parish of San Sebastian. The first inquiries by the police established that his murder was in relation to a theft. However, it is believed that the murder of Father Ramento was due to his active involvement in the Monitoring Group in the Peace Talks between the government and the National Democratic Front of the Philippines.

Moreover, as president of the PIC Supreme Council of Bishops, Father Ramento had on several occasions condemned the political repression led by the State as well as the deterioration of human rights in the country. He had also denounced the extrajudicial killings of political leaders, social activists, lawyers, journalists, clergymen and other citizens, which took place with total impunity. Father Ramento had also supported the case of the workers of Hacienda Luisita¹⁰⁶.

– On November 5, 2006, Mr. Rodrigo Catayong, president of KARAPATAN in West Samar since 2001, was murdered by eight shots fired by five unidentified people as he was going to the catholic church in Samar¹⁰⁷.

Arbitrary detentions

Ongoing arbitrary detention of Ms. Angelina Bisuna Ipong¹⁰⁸

As of the end of 2006, Ms. Angelina Bisuna Ipong, a peace activist, remained detained in the Bureau of Jail Management and Penology (BJMP), in Lenienza, town of Pagadian. Moreover, the hearings in her trial for "rebellion" were postponed on several occasions due to the repeated absences of the plaintiffs.

On March 8, 2005, Ms. Angelina Bisuna Ipong was arrested by members of the Philippine army who blindfolded her. On March 15, 2005, she was informed that she would be interrogated, but as soon as her blindfold was removed, she realised that she had been brought into a room filled with journalists who photographed and questioned her. However, she was so shaken that she was unable to speak. At the end of this "press conference", she was once again blindfolded and taken back to her cell. For thirteen days from the date of her arrest, Ms. Ipong was not allowed to receive visitors and refused to eat to protest against her arrest. On March 17, 2005, the Major General of the South announced that Ms. Ipong had been taken to Molave, Zamboanga del Sur. No one was allowed to see her before March 21, 2005, when a TFDP team went to the prison in the city of Pagadian to enquire into her situation. TFPD then learnt that Ms. Ipong had been charged with "rebellion", without any possibility of release on bail, according to section 23 of the Molave Regional Court.

Ms. Ipong was also reportedly subjected to sexual abuse, torture and inhumane treatments by the soldiers.

Arbitrary arrests and threats against trade union leaders¹⁰⁹

– On February 25, 2006, Mr. Crispin Beltran, a union leader, founder and former president of the International League of People's Struggle (ILPS), former president of Kilusang Mayo Uno (KMU) and representative of the Anakpawis Party in the lower chamber, was arrested and accused of "sedition". Although his release was ordered by the Court in March 2006, he remained, as of the end of 2006, in detention at the general hospital of the Philippine national police in Camp Crane, Quezon town. He was reportedly arrested for "rebellion" in relation to an arrest warrant dating back to 1985.

– On February 27, 2006, Mr. Dennis Maga and Mr. Marcial Dabela, respectively secretary general and vice-president of the Alliance of Nationalist and Genuine Labour Organisation (ANGLOKMU), were arrested while on their way to Camp Crane to protest in favour of the release of Mr. Crispin Beltran. They were immediately taken to Camp Karingal in the town of Quezon. They were reportedly released at a later date.

– On March 8, 2006, Mr. Joshua Mata, secretary general of the Alliance of Progressive Labour (APL), was arrested. He was later released on bail.

– On June 10, 2006, an armed man entered the residence of Mr. Vicente Barrios, president of the United Workers of Suyapa Farms (NAMASUFA), in Barangay New Alegria, Compostela, and threatened him. A second man searched the house. In September 2006, Mr. Barrios had accused the 28th infantry battalion of human rights abuses. The soldiers had then accused him of organising a rebel group. They also accused the union of being a "leftist group"¹¹⁰.

– On July 3, 2006, Mr. Emerito Gonzales Lipio, Mr. Jose Ramos, Mr. William Aguilar, Mr. Jay Francisco Aquino, Mr. Fernando Poblacion, Mr. Jose Bernardino and Mr. Archie De Jesus, seven PISTON and KMU leaders, were kidnapped by armed men in Hensonville, Brgy. Malabanias, town of Angeles, in Pampanga, Central Luzon. The next day, Mr. De Jesus and Mr. Aguilar were released. On July 5, 2006, Mr. Bernardino, Mr. Ramos, Mr. Poblacion and Mr. Aquino were also released (they had been detained by the 174th regiment of the national police (PNP) in Brgy. Sto. Domingo, Angeles), after paying a 500,000 pesos bail for "illegal possession of explosives". No further information could be obtained concerning Mr. Lipio.

Arbitrary arrest of Mr. Ustadz Kusain Abedin¹¹¹

On August 3, 2006, Mr. Ustadz Kusain Abedin, a member of United Youth for Progress and Development (UNYPAD) and of Bantay Ceasefire, a peace monitoring group in Cotabato City, was arrested by armed members of the Task Force Tugis (a special military unit) at the bus terminal in Weena. Mr. Abedin was then taken to the Task Force Tugis' headquarters and was interrogated on his supposed involvement in the Indonesian terrorist group, Jemaah Islamiyah, which he incessantly denied.

On August 4, 2006, Mr. Abedin was released without charge, thanks to the mobilisation of local civil society.

Arbitrary arrest and ill-treatment of Mr. Rafael Limcumpao¹¹²

On December 6, 2006, Mr. Rafael Limcumpao, one of the directors of the Peasant Alliance of Bataan (Alyansa ng Magsasaka sa Bataan – ALMABA), was arrested by two dozen policemen and members of the regional intelligence and investigation division. He was taken to a house and interrogated. When he refused to answer questions, he was hit in the stomach and on the back while he was handcuffed. He was later released at an unknown date.

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[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

91. See Annual Report 2005.

92. See Open Letter to the Philippine authorities, July 3, 2006.

93. See PAHRA, Citizens' CHR Task Force Central Luzon – Fact Finding Mission Report, April 2006.

94. See Urgent Appeal PHL 001/0406/OBS 053.

95. See Task Force Detainees of the Philippines (TFDP) and www.bulatlat.com.

96. See www.bulatlat.com.

97. Idem.

98. Idem.

99. See PAHRA.

100. Idem.

101. See ICFTU, July 11, 2006.

102. See Annual Report 2005.

103. See www.bulatlat.com.

104. Idem.

105. Idem.

106. See Forum-Asia, October 6, 2006.

107. See www.bulatlat.com.

108. See Annual Report 2005.

109. See ICFTU, July 11, 2006.

110. Idem.

111. See TFDP, Philippines Human Rights Update, vol. 20, n° 3, 2006.

112. See PAHRA.