PHILIPPINES: Arrest of four poor urban leaders who were negotiating the postponement of a demolition of 21 homes

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-058-2014
ISSUES: Human rights defenders, Land rights,

Dear Friends,

The Asian Human Rights Commission (AHRC) writes to inform you about the arrest of four poor urban leaders. They were negotiating on-site for the postponement of a demolition of informal settlers in Muntinlupa City. The victims were invoking an agreement reached with the local and national government giving them time to relocate. However, the demolition team ignored their pleas.

CASE DETAILS: (Based on documentation by Task Force Detainees of the Philippines -TFDP-)

On 12 March 2014, Dondito Albasin, Sr., 56; Michael Poticar, 39; Alberto Jojo Llantada, 21 and Virgina Barrios, 28, were arrested by the police. Albasin, the current president of the neighbourhood association together with other officers and residents of Kilometer 23 West Service Road in Barangay (village) Cupang, were negotiating with the demolition team and the police. They sought to postpone the eviction from some 21 houses comprising 125 families living within a 4,500 square meter lot. Albasin stated that they already talked and discussed the matter with the city officials and representatives of the Presidential Commission for the Urban Poor (PCUP).

According to Albasin, the authorities, based on a mutual agreement, agreed to give them enough time to prepare for their eventual relocation.

The team, headed by Court Sheriff Felix Falcotelo, insisted that the demolition should proceed. The reason given was: Judge Restituto V. Mangalindan, Jr., of the Metropolitan Trial Court (MTC) branch 80, previously issued an order for the settlers to vacate the premises. Furthermore, he had decided the case in favour of the supposed land-owner, a Mr. Marcelo Rubio.

While the negotiation was still going on, stones and debris were thrown by unidentified persons at the negotiation site. At the same time, around 200 policemen, including members of the Special Weapons And Tactics (SWAT) who were carrying automatic rifles reacted aggressively. This caused the start of the violence, according to the local residents.

Albasin was grabbed by the shoulders and shirt by police officers and pushed to the pavement. While down, he was kicked in the legs. Another officer, using the muzzle of his rifle, struck Albasanto in the chest and armpit. Llantada,on the other hand, was punched on the lips and then hit at the back of the head with a hard object.

Meanwhile, Poticar was pulled aside and put inside a police patrol car where he was beaten by an intelligence officer, attested to by witnesses. Barrios (Virginia) while pacifying and calming her parents, was grabbed and pulled by a policeman. She fainted during the scuffle. The four of them were handcuffed and brought to the Muntinlupa City police station at 10am. They were charged with obstruction of justice and released on March 14, 2014 after posting bail.

Several other residents were hurt, suffering injuries when the police grabbed and pushed them around indiscriminately. They were punched, kicked and hit with truncheons. They are: Marvin Sua, Regie Focbit, Robert Villanueva, Jayfe Celeste, Bryan Asmolo, Roger L. Barrios, Buboy De Lima, Limney Barrios, Dondino Albasin, Joan Liantada, Ailene Brovo, and Thelma Brovo.

A video camera belonging to Clarissa Lanohan was being used to document the incident. Without any reason, it was confiscated by the police and has not been returned.

According to the victims, most of the police had no name tags to identify who they were. Only three were identified. They included a female officer named Major Salvadora, the field commander at the time, Aguirre known as a police intelligence agent who pointed a gun at Roger L. Barrios and Police Senior Inspector Jocelyn V. Carino.

With hammers, crow bars and mallets, the demolition crew eventually started tearing down the shanties. They proceeded to pull down other houses not covered by the supposed court order.

SUGGESTED ACTION: 

Please write letters to the concerned authorities listed below expressing your concern about this case. 
The AHRC is also writing a separate letter to the UN Special Rapporteurs on human rights defenders and on adequate housing.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

PHILIPPINES: Arrest of four poor urban leaders who were negotiating the postponement of a demolition of 21 homes

Name of arrested victims: 
1. Dondito Albasin, Sr., 56. He is the president of the neighbourhood association.
2. Michael Poticar, 39
3. Alberto Jojo Llantada, 21
4. Virgina Barrios,28
Name of injured victims: 
1. Marvin Sua
2. Regie Focbit
3. Robert Villanueva 
4. Jayfe Celeste
5. Bryan Asmolo 
6. Roger L. Barrios 
7. Buboy De Lima 
8. Limney Barrios 
9. Dondino Albasin 
10. Joan Liantada
11. Ailene Brovo 
12. Thelma Brovo 
Alleged Perpetrators: Major Salvadora, field commander at the time, Aguirre known as a police intelligence agent who pointed a gun at Roger L. Barrios and Police Senior Inspector Jocelyn V. Carino. 
Date of incident: 12 March 2014 
Place of incident: Kilometer 23 West Service Road, Barangay (village) Cupang, Muntinlupa City

I am writing to raise my concern about four people arrested in Muntinlupa City. On 12 March 2014. The four poor urban leaders, whose names are mentioned above, were negotiating on-site to postpone the demolition of houses by informal settlers when they were arrested and detained by the police.

Dondito Albasin, president of the neighbourhood association together with other officers and residents of Kilometer 23 West Service Road in Barangay (village) Cupang, were negotiating with the demolition team and the police to postpone the demolition of 21 houses within a 4,500 square meter lot. Albasin stated that they already talked and discussed the matter with the city officials and representatives of the Presidential Commission for the Urban Poor (PCUP).

According to Albasin, based on a mutual agreement, the authorities allowed them ample time to prepare for their eventual relocation.

But the team headed by Court Sheriff Felix Falcotelo insisted that the demolition should proceed. The reason given was: Judge Restituto V. Mangalindan, Jr., of the Metropolitan Trial Court (MTC) Branch 80, had previously issued an order for the settlers to vacate the premises. Furthermore he had decided the case in favour of the supposed land-owner, a Mr. Marcelo Rubio.

While negotiations were going on, stones and debris were thrown by unidentified persons at the negotiation location. At the same time, some 200 policemen, including members of the Special Weapons and Tactics (SWAT), who were carrying automatic rifles reacted aggressively which started the violence.

In the melee, Albasin was grabbed by the shoulders and shirt by policemen who then pushed him down on the pavement. He was kicked in the legs. Another officer, using the muzzle of his rifle, struck Albasin in the chest and armpit. Llantada, on the other hand was punched on the lips and hit at the back of the head by a hard object

Meanwhile, Poticar was pulled aside and put inside a police patrol car where he was beaten by an intelligence officer, attested to by witnesses. Barrios (Virginia) while pacifying and calming her parents, was grabbed and pulled by a policeman. She fainted during the scuffle. The four of them were handcuffed and brought to the Muntinlupa City police station at 10am. They were charged with obstruction of justice and released on March 14, 2014 after posting bail. 

Several other residents were hurt, suffering injuries, when the police grabbed and pushed them around indiscriminately. They were punched, kicked and hit with truncheons. They are: Marvin Sua, Regie Focbit, Robert Villanueva, Jayfe Celeste, Bryan Asmolo, Roger L. Barrios, Buboy De Lima, Limney Barrios, Dondino Albasin, Joan Liantada, Ailene Brovo, and Thelma Brovo.

A video camera, belonging to Clarissa Lanohan, was being used to document the incident. Without giving any reason, it was confiscated by the Police and has not been returned.

According to the victims, most of the police had no name tags to identify who they were. But the following three persons were identified: a female officer named Major Salvadora, field commander at the time, Aguirre known as a police intelligence agent who pointed a gun at Roger L. Barrios and Police Senior Inspector Jocelyn V. Carino.

With their hammers, crow bars and mallets, the demolition crew eventually started tearing down the shanties. However, they also proceeded to pull down other houses not covered by the supposed court order.

I urge you to conduct an effective and adequate investigation into this matter. Your investigation must determine whether or not the police and others members of the demolition team acted proportionate to the situation. If it is proven that the use of force and violence were disproportionate to the situation, they must be held accountable.

Yours sincerely,

———————————————–
PLEASE SEND YOUR LETTERS TO:

1. Mr. Benigno Aquino III 
President 
Republic of the Philippines 
Malacanang Palace 
JP Laurel Street, San Miguel 
Manila 1005 
PHILIPPINES 
Fax: +63 2 736 1010 
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Loretta Ann Rosales 
Commission on Human Rights 
SAAC Bldg., Commonwealth Avenue 
U.P. Complex, Diliman 
Quezon City 
PHILIPPINES 
Fax: +63 2 929 0102 
Tel: +63 2 928 5655 / 926 6188 
E-mail: chair.rosales.chr@gmail.com

3. Police Director Alan LM Purisima
Chief, Philippine National Police
Camp General Rafael Crame
Quezon City, Philippines
Fax +632 7248763
Email: feedback@pnp.gov.ph

4. Ms. Leila de Lima 
Secretary 
Department of Justice (DOJ) 
DOJ Bldg., Padre Faura 
1004 Manila 
PHILIPPINES 
Fax: +63 2 521 1614 
E-mail: soj@doj.gov.ph

5.Mr. Hernani B. Panganiban 
PCUP Chairman/Chief Executive Officer (CEO)
Congressman, House of Representatives, 8th Congress
5/F DHC Bldg., 1115 EDSA, 
Project 7, Quezon City 
PHILIPPINES 
TeleFax: +632 4104713 /+632 414-9311

Thank you.

Urgent Appeals Desk 
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-058-2014
Countries : Philippines,
Issues : Human rights defenders, Land rights,