PHILIPPINES: 13 activists arrested; 20 families left homeless in a violent demolition 

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PHILIPPINES: Arrest and detention of activists; violent dispersal and use of excessive force during demolition; violence against women and children; filing of fabricated charges; denial of right to housing; inaction by local officials to provide relocation sites
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that 13 activist were arrested, detained and subsequently arbitrarily charged after policemen violently dispersed them for supporting a group of urban poor opposing a demolition in Barangay (village) Mactan, Lapu-lapu City, the Philippines on September 29, 2006. Not only were the activists arrested, at least 20 families were also left homeless after the demolition team succeeded in dismantling houses to pave the way for the construction of a parking lot for delegates of the Association of South East Asian Nation (Asean) in December 2006.

According to a report from the Task Force Detainees of the Philippines (TFDP)-Visayas, the arrested activists are all members of the Kilusan Para sa Pambansang Demokrasya (Movement for National Democracy) or KPD. The activists were forcibly pushed, shoved, handcuffed and subsequently detained by the demolition team–all of which are attached to the Mactan Police Station, Special Weapons and Tactics (SWAT) and the Lapu-lapu City Police Station.

Following their arrest, the victims, namely, Emalyn M. Aliviano (23), Almirie B. Morgado (19), Joan I. Martinez (24), Lourd Sherry V. Perez (23), Rosita D. Blando (54), all are resident of Lapu-lapu City; Ashbel C. Edaño (19) of Carbon, Cebu City; Reyniel Jim V. Perez (22) of Junquera Street, Cebu City; Deo Cane Jabines (23) of Labangon, Cebu City; Melba C. Ugbinada (22) of Babag, Lapu-lapu City; Ronald Sitoy (21) of Junquera, Cebu City; Jordan M. Jainar (19) of Katipunan, Cebu City and John Francis B. Aguilar(19) of Junquera, Cebu City were detained at Philippine National Police (PNP) Headquarters in Lapu-lapu City. One of the arrested persons, Johann Wee, was released to the custody of Department of Social Welfare and Development (DSWD) because he was a minor.

Six of the victims, namely Emalyn Aliviano, Lourd Sherry Perez, Joan Martinez, Almarie Marzado, Melba Ugbinada and Reyniel Jim Perez, suffered bruises and abrasions.

According to Aliviano, spokesperson for the KPD, she and her colleagues went to Barangay (village) Mactan, Lapu-lapu City at about 8:45 a.m. to join members of the Atbang Shangrila Urban Poor Association who were preparing against a scheduled demolition. The contested lot subject for demolitions are being occupied by members of the Atbang Shangrila, which is across the road fronting the Shangrila Hotel.

Prior to this day, 22 houses had already been demolished at the same place, which according to the local government will be used as parking lot for Asean delegates.  Although the houses have been demolished the displaced families remain due to absence of relocation site that should have been provided by the local government. After the victims learned of yet another scheduled demolition, they gathered themselves to protect the remaining houses.

On that morning when the group of KPD arrived, the members of the urban poor have already prepared some placards and blue ropes to condone-off the site subject for demolition.  The KPD who brought with them a guitar, started putting barricades in a festive mood while singing. Other members helped out in preparing a bigger streamer. A few minutes pass 9:00 a.m., a Task Force Demolition numbering about 15 to 20 arrived.  Some were wearing blue uniforms, others are in plain clothes. About five Swat team members also arrived in the area.  The police ordered the victims to self disperse for them to push through with the demolition.  Emalyn immediately approached them to negotiate, but she was ignored.  No one also introduced themselves, or identified the officer and team leader in command.

The victims were opposing to the demolition due to absence of a relocation site for the affected families and the claims over contested lot is still pending in court. Moments later, two to three mobile patrols and about 40 members of dispersal unit armed with truncheons and guns had arrived.  The demolition team positioned themselves at the back of the lot while others stood in array in front of a human barricade.  At the same time, a fire truck equipped with water cannons was also deployed. During this moment, the leaders led by Emalyn continued to look and to approach the leader of the Philippine National Police (PNP) team but to no avail.  The policemen also continued taking pictures and video of the victims.

The barricaders held on to their ropes, but the dispersal suddenly moved towards them.  They used truncheons and water canons to break into the human barricade.  The KPD members who were earlier identified by the policemen were later violently arrested one after the other.  They pushed and shove them.  Some fell to the ground.  The women were handcuffed and forcibly dragged towards a van waiting nearby.

While inside the police station in Lapu-lapu City, the police continued on holding them in handcuffs.  They were made to wait until lunchtime before Police Inspector Andres Intong arrived and introduced himself as head of the arresting team.  The handcuffs were later removed when Police officer 3 (PO3) Dioscoro Amistad Arong started interviewing the victims in preparation for filing of charges against them.

The policemen charged the victims for violation of Art. 153 of the Revised Penal Code (R.P.C) and Violation of Art. 151 of the R.P.C for disobedience and disturbance of public order.  In the complaint, the police claimed the protesters threw stones at them during the demolition. The policemen also prepared complaints for allegedly exploiting minors by way of using children to fend off the demolition team.  The victims, however, said the children were not forced into joining as they are already present at the barricade because their family has not moved out even after their houses were demolished. The victims were detained from September 29 to October 1, 2006. The charges are supposed to be filed on October 2, Monday.

Some of the affected families were also injured. Policemen attached to the Lapu-Lapu Police Station, elements of Swat team and demolition team violently assaulted and broke down the affected families of the demolition, all of whom are members of the Atbang Shangrila Urban Poor Association (ASUPA), who at the time resisting.

The subject of the demolition was a lot occupied by members of the ASUPA, a group of urban poor settling in the conflicted lot.  The contested lot was a private property previously owned by the Igot clan in Lapu-lapu City. The lot, which was partitioned among beneficiaries of the Igots, then sold the property to private individuals, four of whom are among 10 beneficiaries.

Members of ASUPA insisted that the demolition should have not been conducted because ownership claims over the contested lot is still pending before the Regional Trial Court (RTC), Branch 53 in Lapu-lapu City. Also, the local government provided not relocation site for the affected families once they are demolished.  Although there were information that P 10,000.00 was offered to every family by the local government in exchange for their consent to self demolish, but no one has received this. Mayor Arturo Radaza of Lapu-lapu City was also contacted for him to intervene to defer the demolition until the victims demands are met, but he refused to speak to them.

The city government on the other hand based their action from the declaration of the City Attorney Joseph Lim that the structures the settlers have built on the contested lot are illegal structures. Lim said the settlers violated the Building Code by not obtaining permits from the city government before constructing houses and stalls on the site.

On September 29, the demolition and dispersal teams executed the order following a final notice to vacate the lot served on September 13. The police and Swat team then used truncheons and water canons to break into the human barricade leaving several persons injured, including few children who were with their parents at the time. Injured children include a four-year-old and a six-year-old son of Lucio Montenegro. They were hit with truncheons.

SUGGESTED ACTION:
Please write letters to concerned government agencies requesting for impartial investigation into allegations of use of excessive force and violence by the policemen and demolition teams. If it is found that charges against arrested 13 activists are not sufficient, they must be withdrawn. Allegations of inaction on the part of the city government to afford relocation site and compensation to affected families must also be looked into. If found that the local officials are failing to ensure relocation and compensation to affected families prior to executing demolition, they must be held liable accordingly.

It must also be investigated as to whether or not the demolition team had any liabilities for executing demolition despite a pending case of ownership on contested lot in court and in absence of complying with the relocation requirements. If it is found they have committed violations, in particular the provisions of the Urban Development and Housing Act (UDHA), appropriate charges must filed against them.

 

 

 

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