PHILIPPINES: Three more peasant activists killed in separate attacks 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-223-2006
ISSUES: Extrajudicial killings,

PHILIPPINES: Extra-judicial killings; violence against human rights defenders; failure of authorities to provide protection; delays in arresting perpetrators despite charges filed; complete collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) deeply regrets to inform you that another three peasant activists have been killed in separate attacks in Negros Occidental, Visayas. On June 26, two unidentified gunmen shot dead Wilfredo Cornea in Hacienda Mulawin, Sagay. The killing of Cornea took place after two other activist were also killed earlier. On May 17, armed men who allegedly had connections with an influential landowner killed Mario Domingo in Hacienda Cambuktot, La Castellana. On April 22, three gunmen shot dead Porferio Maglasang Sr. at a chapel near his house in Kabankalan City.

According to an appeal from the Observatory for the Protection of Human Rights Defenders quoting a report from Task Force Detainees of the Philippines (TFDP), Cornea’s murder was believed to have been connected to his campaign in support to farmers demanding for a genuine land reform in their community. He was an advocate for the farmers’ right to get the land awarded to them through the Comprehensive Agrarian Reform Program (CARP), which was opposed by a local landowner, Aquiles Lopez. After the shooting, Cornea’s wife saw two gunmen fleeing from their place.

At the time of his death, Cornea was the vice-chairman of Task Force Mapalad (TFM), a national federation of farmers. He was also a leader of Mulawin Lanatan Agrarian Reform Beneficiaries Association (MULARBA), an affiliate of TFM in Negros.

Prior to Cornea’s killing, peasant leader Domingo was also killed on May 17. Domingo was together with his four companions when he was attacked by armed men who had connections to an influential landowner, Farley Gustilo. Domingo and his companions were visiting a land awarded to them by the Department of Agrarian Reform (DAR) which was formerly occupied by the Gustilos. Before heading to the farmland, Domingo sought security escort from the Regional Mobile Group (RMG) in Hacienda Cambuktot, Barangay Mansalanao, La Castellana after receiving reports of the presence of 20 employees of the Gustilos, some of whom were armed. When the group arrived in the area, armed men started shooting at them. Two of the attackers–Romulo Ellano and Eduardo Semillano– reportedly shot at Domingo who died on the spot. Domingo’s companions, however, survived the attacked. According to witnesses, four companions of the attackers were Eduardo’s father Eddie, Eric Fernandez, Ramonito Osano and Gerry Menguillo.

At the time of his death, Domingo was the president of the Hacienda Cambuktot Agrarian Reform Beneficiaries Association (HACARBA). The contested land was awarded to Domingo’s group in 1991. However, the Gustilo’s who formerly owned the land filed a motion for injunction, preventing the farmer beneficiaries from taking it over. According to the information received, no perpetrators involved in the shooting have been arrested despite a charges filed by the TFM against them.

In another case, armed men also killed Maglasang on April 22. Maglasang was shot dead by three unidentified gunmen at a chapel near his house. According to Maglasang’s wife, the gunmen went to their house and asked her husband for a talk. When her husband asked them who they were he was instead told to come with them to a chapel nearby. They neither identify themselves to him or their purpose for coming. Soon after Maglasang went with the three men to a chapel nearby where the gunmen shot Maglasang several times at close range.

At the time of his death, Maglasang was the chairperson of the Kabankalan Chapter of the National Federation of Free Farmers (Pambansang Katipunan ng Malayang Magbubukid – PKKM). Maglasang was amongst the leaders who were earlier forced to evacuate when the military launched Operation Thunderbolt in Southern Negros, in particular in the areas of Sipalay, Cauayan, Candoni, Ilog and Kabankalan. Maglasang and other fellow members have long been fighting for over 2,000 hectares of cogonal land in the upland areas of Kabankalan City. The land is being tilled by almost 1,000 farming families.

SUGGESTED ACTION:

Please write letters to concerned agencies regarding these killings. The police investigating the killing of Wilfredo Cornea and Porferio Maglasang Sr. must take all effective means of investigation to identify the perpetrators. The Task Force Usig, a special investigating unit tasked to investigate killings of activists, must include these cases and consider them a priority.  In Mario Domingo’s case, please pressure the police to affect the arrest if there are court warrants to do so. The perpetrators must be prosecuted in a court of law.

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SAMPLE LETTER

Dear __________,

PHILIPPINES: Three more peasant activists killed in separate attacks

Case 1:
Name of the victim: Wilfredo Cornea of Hacienda Mulawin, Sagay. He was the vice-chairman of Task Force Mapalad (TFM), a national federation of farmers.
Alleged perpetrators: Two unidentified gunmen
Place of incident: Hacienda Mulawin, Sagay, Negros Occidental
Date of incident: 26 June 2006

Case 2:
Name of the victim: Mario Domingo of Hacienda Cambuktot, Barangay (village) Mansalanao, La Castellana. He was the president of the Hacienda Cambuktot Agrarian Reform Beneficiaries Association (HACARBA)
Alleged perpetrators: Romulo Ellano and Eduardo Semillano, both at employees of Farley Gustilo, a former landowner of a contested land awarded to Domingo’s group. Those together with the gunmen during the shooting were Eduardo’s father Eddie, Eric Fernandez, Ramonito Osano and Gerry Menguillo.
Place of incident: Hacienda Cambuktot, Barangay Mansalanao, La Castellana
Date of incident: 17 May 2006

Case 3:
Name of the victim: Porferio Maglasang Sr. of Sitio Caraan, Barangay Tampalon, Kabankalan City. He was the chairperson of the Kabankalan Chapter of the National Federation of Free Farmers (Pambansang Katipunan ng Malayang Magbubukid – PKKM)
Alleged perpetrators: Three unidentified armed men
Place of incident: At a chapel near his house in Sitio Caraan, Barangay (village) Tampalon, Kabankalan City
Date of incident: 22 April 2006

It has come to my attention that another three peasant activists have been killed in separate attacks in Negros Occidental, Visayas. On June 26, two gunmen shot dead Wilfredo Cornea in Hacienda Mulawin, Sagay. On May 17, armed men who allegedly had connections with a local landowner shot dead Mario Domingo in Hacienda Cambuktot, La Castellana. On April 22, three gunmen killed Porferio Maglasang Sr. near his house in Kabankalan City.

As you are aware, these attacks are yet further incidents of the unabated killings and violence against activists in your country. I have learned that Cornea’s killings could have been connected to his active involvement in support of the local farmers for a genuine land reform in his community. He had been helping farmers to claim their lands as beneficiaries to the government’s Comprehensive Agrarian Reform Programme (CARP).

The motive in Mario Domingo’s killing likewise believed to have been similar to Cornea. I have learned that two of Domingo’s attackers, namely Romulo Ellano and Eduardo Semillano, reportedly had connections with a local landowner, Farley Gustilo. I am aware that Ellano and Semillano are employees of the Gustilos who strongly opposed to turn over the farmland to Domingo’s group despite an order by the Department of Agrarian Reform (Dar) in 1991. Although whether or not Gustilo has had direct involvement in Domingo’s killing or to the actions of his men, I am deeply concerned that it might have been. We therefore urge your intervention to ensure that the Gustilos are also investigated to answer the allegations against them.

I am extremely disappointed over the delays in the arrest of Ellano and Semillano although charges have already been filed against them. We therefore urge you to affect their immediate arrests if the court has already issued arrest warrants. They must be brought and prosecuted before a court of law. The four other companions of Ellano and Semillano, who were identified as Eduardo’s father Eddie, Eric Fernandez, Ramonito Osano and Gerry Menguillo, who were present together with them during the attack, must also be investigated regarding their involvement in Domingo’s death. Should there be sufficient grounds that they were indeed accomplices to the crime, they must also be prosecuted in a court of law.

Additionally, I also request your appropriate intervention to ensure that further effective and immediate investigation is also conducted into Maglasang’s killing. I am aware that Maglasang’s wife may be of help to identify the three gunmen. I have learned that his wife was present when they went to their place. At that time, they requested Maglasang to come with them for a talk to a nearby chapel where he was shot at close range. I therefore urged you to consider Maglasang’s wife and his family as beneficiary to the Witness Protection, Security and Benefit Act (RA 6981). The statement to which Maglasang’s wife could give is essential to effectively identify and prosecute the perpetrators in court.

Finally, I express my extreme disappointment of the authority’s failure to take effective measures to address the worsening attacks against activists in your country. While I appreciate the government’s creation of the Task Force Usig, a special investigating body created to investigate the unabated killings of activists, I express discontent at the manner the Task Force Usig and other task forces created for this purpose perform their duties. Given the situation of the worsening situation, I observed that action taken are completely inadequate, police methods of investigation could not produce conclusive findings, and failure of the prosecution to recommend for protection or ensure the safety of the witnesses. Unless the government ensures that the lives of their citizens are protected and families of the dead could seek remedies and redress, until then the government could show sincerity of respect to human rights it claims to uphold.

I trust that you will take appropriate action in this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Ms. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
Email: drpvq@yahoo.com

2. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2726 4361/4366/8763
Fax: +63 2724 8763

3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
Email: sechbp@infocom.com.ph

4. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Tel: +63 2 735 6201 / 564 1451 to 80
Fax: +63 2 736 1010

5. Mr. Ronaldo V. Puno
Secretary
Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Voice: +63 2 925 0330 / 31
Fax: +63 2 925 0332
Email: rvpuno@dilg.gov.ph

6. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
Email: lventre@ohchr.org

7. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
E-mail: MChingSimon@ohchr.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-223-2006
Countries : Philippines,
Issues : Extrajudicial killings,