Dear friends,
The Asian Human Rights Commission (AHRC) writes with deep concern with the continued detention of four political activists and five poor farmers. They are charged with murder. They allegedly attacked a police station, killing two policemen and wounding three others. Paraffin tests show they never fired a gun. Nevertheless, the prosecutor recommended indicting them because the evidence does not “prove that they were innocent”.
CASE DETAILS: (Based on the documentation by Alliance for the Advancement of Peoples Rights (KARAPATAN) and Citizens Alliance Unified for Sectoral Empowerment – Davao del Sur (CAUSE))
At 5:30am, on 10 March 2014, Renante Orot, Christopher Sales, Julito Sales, Laudemer Gama, Rufo Boy Gama, Joel Alberca, Noel Maranggit, Roger Natonton and Johnrey Pabillo, were on four motorcycles going to Barangay Savoy, Matanao, Davao del Sur, to participate in a town feast.
At 6:30am, the soldiers attached to the 39th Infantry Battalion, Philippine Army, arrested them, alleging they are members of the rebel group, the New People’s Army (NPA). The soldiers accused them of being the persons who attacked the Matanao Police Station at 4:30am the same day. Two policemen were killed and three others wounded.
According to Grace Orot, wife of Renante Orot, her husband is not an NPA member and did not participate in attacking the police station. Grace said of her husband: “We have been living together for 16 years now.” “There is no day that he does not come home. So, how can he be an NPA member?” she asked.
Another wife of the accused, Vivian Gama, recalled that her husband Laudemer was so frightened that he was still shaking when she saw him after his arrest. Her husband told her that when they were arrested, the soldiers did not explain the reasons for their arrest and did not show them the arrest warrants. Their voter ID’s, and driver’s licenses were confiscated by the soldiers.
The other victims: namely Julito Sales, Joey Alberca, Roger Natonton, John Rey Pabillo, Christopher Sales, are residents of North Cotabato province. They are ordinary, poor farmers who earn their living by farming, rubber-tapping and driving. Their families depend on them for their daily needs.
On July 4, Prosecutor II Christopher Roy S. Cabardo, concluded in his Resolution against the nine accused men that he recommended an indictment on two counts of murder, three counts of frustrated murder, robbery in band and malicious mischief.
In his Resolution, Cabardo argued that although the accused tested negative for powder burns in the paraffin test, “that fact alone does not ipso facto prove they were innocent.”
ABOUT THE NINE VICTIMS:
Renante Orot is a member of PISTON, an organization of public transportation drivers and public transportation operators, advocating the protection and interests of drivers.
Laudemer Gama is the secretary-general of Nagkahiusang Mag-uuma sa Davao del Sur (NAMADDS). He is also the regional coordinator of Anakpawis Partylist, a political party representing the marginalized farming sector. He has since been involved in campaigning for increase of shares for farm tenants, increase of prices of farm products, and genuine land reform.
Rufo Boy Gama and Noel Maranggit are members of South Cotabato Farmers Association for Development (SOCFAND), an association of farmers. SOCFAND had introduced sustainable agriculture in the community, and advocates the interests of farmers—like competitive farm prices and land reform among others.
The farmers, namely Julito Sales, Joey Alberca, Roger Natonton, John Rey Pabillo, Christopher Sales, are residents of North Cotabato province. They earn their living by tapping rubber in plantations and driving. All of them are the breadwinners of their families.
The five are also members of the Free Tappers Federation (FTF), an association of small rubber planters and tappers. The FTF are engaged in campaigns to increase the prices of rubber products, and negotiations with the entrepreneurs.
SUGGESTED ACTION:
Please write letters to the concerned authorities listed below expressing your concern about this case.
The AHRC is also writing separate letters to the UN Special Rapporteur on the Situation of Human Rights Defenders and the Working Group on Arbitrary Detention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ……………..,
PHILIPPINES: Four political activists and five poor farmers indicted for murder despite proof they never fired any guns
Name of arrested victims:
1. Renante Orot of General Santos City is a member of PISTON, an organization of public transportation drivers and public transportation operators.
2. Laudemer Gama is the secretary-general of Nagkahiusang Mag-uuma sa Davao del Sur (NAMADDS), and regional coordinator of Anakpawis Partylist
3. Rufo Boy Gama
4. Noel Maranggit
Victims No. 3 and 4 are members of South Cotabato Farmers Association for Development (SOCFAND), an association of farmers.
5. Julito Sales
6. Joel Alberca
7. Roger Natonton
8. Johnrey Pabillo
9. Christopher Sales
Victims No. 5 to 9 are residents of North Cotabato. They are members of the Free Tappers Federation (FTF), an association of small rubber planters and tappers.
Alleged perpetrators who made the arrests: Soldiers attached to the 39th Infantry Battalion, Philippine Army
Date of their arrest: 10 March 2014 at 6:30am
Place of their arrest: Barangay (village) Savoy, Matanao, Davao del Sur
Status of the case: On 4 July 2014, the public prosecutor recommended the indictment of all the victims on two counts of murder, three counts of frustrated murder, robbery in band and malicious mischief.
I am writing to express my grave concern on the continuing detention of the nine men, on questionable charges, whose names and details are mentioned above. It is in connection with the attack on a police station where two policemen were killed and three others wounded in Matanao, Davao del Sur on 10 March 2014.
At 5:30am on 10 March 2014, Renante Orot, Christopher Sales, Julito Sales, Laudemer Gama, Rufo Boy Gama, Joel Alberca, Noel Maranggit, Roger Natonton and Johnrey Pabillo, were on four motorcycles going to Barangay Savoy, Matanao, Davao del Sur, to participate in a town feast.
At 6:30am, the soldiers attached to the 39th Infantry Battalion, Philippine Army, arrested them, alleging they were members of the rebel group, the New People’s Army (NPA). The soldiers accused them of being the persons who attacked the Matanao Police Station at 4:30am the same day. Two policemen were killed and three others wounded.
According to Grace Orot, wife of Renante Orot, her husband is not an NPA member and had not participated in attacking the police station. Grace said of her husband: “We have been living together for 16 years now.” “There is no day that he does not come home. So, how can he be an NPA member?” she asked.
Another wife of the accused, Vivian Gama, recalled that her husband Laudemer was so frightened that he was still shaking when she saw him after his arrest. Her husband told her that when they were arrested, the soldiers did not explain the reasons for their arrest and did not show them the arrest warrants. Their voter ID’s and driver’s licenses were confiscated by the soldiers.
The other victims: namely Julito Sales, Joey Alberca, Roger Natonton, John Rey Pabillo, Christopher Sales, are residents of North Cotabato province. They are ordinary farmers earning their living by farming, rubber-tapping and driving. Their families depend on them for their daily needs.
On July 4, Prosecutor II, Christopher Roy S. Cabardo, concluded his Resolution against the nine accused men, by recommending indictments on two counts of murder, three counts of frustrated murder, robbery in band and malicious mischief.
In his Resolution, Cabardo argued that although the accused tested negative for powder burns in the paraffin test, “that fact alone did not ipso facto prove they were innocent.”
I understand that four of the accused are political activists and five are ordinary, poor farmers.
Renante Orot is a member of PISTON, an organization of public transportation drivers and public transportation operators, advocating the protection and interests of drivers.
Laudemer Gama is the secretary-general of Nagkahiusang Mag-uuma sa Davao del Sur (NAMADDS). He is also the regional coordinator of Anakpawis Partylist, a political party representing the marginalized farming sector. He has since been involved in campaigning for an increase of shares for farm tenants, increase of prices for farm products, and genuine land reform.
Rufo Boy Gama and Noel Maranggit are members of South Cotabato Farmers Association for Development (SOCFAND), an association of farmers. SOCFAND had introduced sustainable agriculture in the community, and advocates the interests of farmers—like competitive farm prices and land reform among others.
The farmers, namely Julito Sales, Joey Alberca, Roger Natonton, John Rey Pabillo, Christopher Sales, are residents of North Cotabato province. They earn their living by tapping rubber in plantations and driving. All of them are the breadwinners of their families.
The five are also members of the Free Tappers Federation (FTF), an association of small rubber planters and tappers. The FTF are engaged in campaigns to increase the prices of rubber products, and negotiations with the entrepreneurs.
I urge you to use your authority to ensure that an impartial and thorough review is conducted in this case. I am of the opinion that the prosecutor’s Resolution is insufficient. He did not establish the probability that the accused were responsible for attacking the police station, considering they tested negative in the Paraffin test. I understand the role of the prosecutor is to ensure that those who have committed crimes against the state are prosecuted. However, the prosecutors also have the duty and responsibility to ensure that those they prosecute are probably guilty of the crime.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Benigno Aquino III
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
2. Ms. Loretta Ann Rosales
Chairperson
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
Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph
5. Ret. Lt. Gen. Voltaire T. Gazmin
Secretary,
Department of National Defense (DND)
DND Building, Camp Emilio Aguinaldo,
EDSA, Quezon City
PHILIPPINES
Fax: +63 2 982 5600
Email: osnd@philonline.com, dnd.opla@gmail.com
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
