UPDATE (Philippines): Possible irregularities in police investigation; survivor details brutal killings of peasants 

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from a reliable source regarding the killing of peasants in Palo, Leyte, Visayas on 21 November 2005. (Please visit our previous appeals: UA-216-2005; UP-141-2005). Concerns of irregularities in the investigation taken by the Palo Police Station and inadequate handling of the victims have been raised.

In a letter dated 20 November 2005 addressed to the AHRC, Police Chief Superintendent Charlemagne Alejandrino, deputy director of the Directorate for Investigation and Detective Management of the Philippine National Police (PNP), provided a different account of events to the details given by the victims. In his letter Alejandrino wrote that the incident took place on November 20 at 11.25pm, which is contrary to the victims’ statement that it occurred on November 21 at 5am.

According to a reliable source, during the police investigation police investigators primarily acted on the military’s account of the incident. There was limited involvement by the victims and witnesses during the inquiry which was conducted by police investigators of the Palo Police Station. Thus, the final report can not be said to be impartial as it strongly favours the police’s version of events. In a police report dated November 24 signed by Police Senior Superintendent Manuel Enage Cubillo, chief of the Regional Intelligence and Investigation Division (RIID), he labeled those wounded victims as “captured enemies”, which violates the victims’ right to be presumed innocent.

The firearms allegedly recovered from the victims’ possession and used by the police as evidence in filing charges against them in court may have been planted as the victims claim they were only carrying farm tools at the time of incident. No further investigations were taken regarding this claim. The firearms were also not subjected to ballistic examination or any other means of forensic examination. The military has also failed to produce the firearms before the court for proper handling of evidence.

In an affidavit dated 23 November 2005 signed by Richard Margallo, one of the survivors said that he and his companions were inside a hut at the time of the incident when they were fired upon by the military. A police report revealed that the military concerned was headed by 2 Lieutenant Luel Adrian Benedicto, attached to the 19th Infantry Battalion, Philippine Army (PA). Seven persons, including a pregnant woman were killed on the spot while several others were wounded. (Please see our previous appeal: UP-141-2005). Please find below the unofficial translation of Margallo’s affidavit below.

We urge your intervention by asking the relevant agencies to request for a fresh investigation into this case. Please ask them to conduct an adequate investigation to look into the allegations of irregularities in the police investigation. If found that the evidence used against the victims was fabricated, the charges against them in court must be dropped unconditionally. The military concerned should be held accountable if it is proven that they violated the victim’s rights.

Finally, please request the authorities to ensure that the victims and witnesses are involved in the process of their investigation. Additionally, the victims must be reimbursed their medical expenses if found to have been denied adequate medical assistance. The families of the dead must likewise be afforded with adequate compensation without delay.

Urgent Appeals Programme
Asian Human Rights Commission
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Note: Below is the unofficial translation from Tagalog of the affidavit signed by Richard C. Margallo on 23 November 2005

Republic of the Philippines )
Province of Leyte  ) S.S.
Municipality of Palo  )

SWORN STATEMENT

I, Richard Margallo, 30- years-old, married, Filipino citizen and a resident of Barangay San Agustin, Palo, Leyte after solemnly swear accordance to law do hereby depose and voluntarily state that;

1. I am the Chairperson of the San Agustin Farmer Benefeciaries Multi-Purpose Cooperative with membership of 60 farmers whose farmlands are within the area of Barangay (village) San Agustin, Palo, Leyte. I was elected to serve a second term as Chairperson of the cooperative in March 2005.

2. In June 2004, Rene Margallo, Renato Dizon, Fe Muriel Obejas, Bernabe Burra, Francisco Cobacha and Ariel Santiso brought to our attention the grabbing of their farmlands by Pedro Margallo and his children namely Roque Margallo and Nestor Margallo, both are residents of Barangay Cogon, Palo, Leyte. The farmland that they intend to grab is composed of over 12 hectares. I said that the cooperative must do something to help the victims.

3. In 2001 the aggrieved six farmers won ownership of the land in a case filed before the Department of Agrarian Reform (DAR) Regional Office-8 and DAR-Provincial Office in Leyte. However, Pedro Margallo and his children have continued to grab the said land.

4. On September 2005, one of our members, Bernabe Burra, sought assistance from Bayan Muna – Metro Tacloban Chapter in order to find a solution to our problem regarding the grabbing of land by Pedro Margallo. Bayan Muna responded positively to our request and expressed interest in helping us. On October 2005, our group decided to hold a ‘balik uma’ (resumption of farming) in order to help return the six farmers to their lands.

5. We decided to start cultivating the land on 21 November 2005. On 20 November 2005, at 8pm forty six of us were inside the hut owned by my father, Rene Margallo, in preparation for the activity the next day. The hut is close to the farmland that we were supposed to cultivate. We planned to start cultivating the farmland by dawn on November 21. We did not carry firearms. What we had were farm tools and three hand tractors that would be used in cultivating the soil.

6. At around 5am on 21 November 2005, one of our companions saw several individuals positioned close to our hut. Ramy Cumpio said, “leave them alone. It’s almost morning anyway. We could see them later.” We continued on drinking coffee. Five minutes later, they started firing at us.

7. I saw Roel Obejas who was hit first. After that, they continued on firing at us. At least five objects, which looked like grenades, were thrown at us. I was standing near a tree and covering myself. Even though we shouted “We’re civilians, we won’t fight with you!” they continued on firing at us. I heard one of them, “You mother f**ker, come out!” After that, I heard another of those firing at us shout “We should call for reinforcement…helicopter”.

8. After 30 minutes they entered inside the hut. I stood up and told them “Sir, we won’t fight you. We don’t have guns.” Only at that time I saw that the persons who are firing at us were wearing military uniforms, with combat boots, and in full battle gear. The others were hooded with bonnets and wearing caps. I then realised that they were soldiers. They shouted at us: “Don’t stare at us, put your heads down!”

9. I saw Joselito Tobe and Arnel standing. I also saw when they kicked and hit them with their riffle butts. While lying with our faces to the ground, all of us were stepped on by the soldiers. I also saw when they hit Eulogio Pilapil with their rifle butt and accused him of being a supplier of firearms.

10. Afterwards, one of them said “What now, are you not going to surrender your firearms? If not, then we will kill one of you here!” “Sir, we should kill the wounded”. Their team leader however said “No, several people could see us”.

11. The team leader instructed two of the soldiers to proceed to the village to get some people to help them in carrying the wounded and the dead.

12. We were taken to the roadside, about 200 meters from the hut. They first took the wounded but they refused to have them taken by an ambulance until their leader, Major Daguy, had come.

13. I went ahead of them to have myself treated. I forced myself together with Ronilo Orcida and we both rode on a motorcycle and headed towards the municipal hall of Palo.

14. We were not armed, contrary to what they (military) are accusing us of. I have been farming for nine years in Barangay (village) San Agustin. Presently I am also a member of the village council.

15. I am issuing this affidavit as proof of my complaint and for whatever legal actions thereof.

IN WITNESS THEREOF, I am affixing my signature and full name this 23rd day of November 2005.

Richard C. Margallo (sgd.)
Affiant

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SUGGESTED ACTION:

Please write letters to the relevant authorities below and raise your concern regarding this case. In your letter please request that a fresh investigation be conducted regarding this case in order for the military men concerned to answer to the allegations victim Richard Margallo made against them.

 

 

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