NEW REPORT:
Special Report: The Philippines’ hollow human rights system
http://www.article2.org/pdf/v11n0203.pdf
Dear friends,
The Asian Human Rights Commission (AHRC) is deeply concern by yet another filing of fabricated charges on two urban poor leaders and 30 others. The victims, who are known leaders helping urban poor in Metro Manila from forcible eviction, have been laid with murder charges for the deaths of four soldiers. The deaths occurred on a date and at a place where they could not have been physically present.
UPDATED INFORMATON: (Based on documentation by Defend Job Philippines)
In our earlier appeal (AHRC-UAC-152-2012), we already raised concerns over the case of Ronald Ian Evidente, a trade union organizer and spokesperson of Kilusang Mayo Uno (KMU), who was laid with fabricated charges, together with 30 other human rights and political activists, for “robbery in band” in Sagay City, Negros.
In this incident, Evidente’s colleague, Roy Velez, regional chairperson of the KMU, and Amelita Gamara, of Defend Job Philippines were laid with fabricated murder charges. Roy and Amelita are known urban poor leaders helping urban poor communities in Metro Manila, notably in the Silverio compound, from being forcibly evicted. In April 23, the Silverio compound was forcibly demolished during which a 19-year-old villager, Arnel Leonor, killed.
Six days after the Silverio compound demolition on April 29, 2012, Roy and Amelita were supposed to have taken part in attacking a military camp in Barangay Maot, Labo, Camarines Norte. Four soldiers: Corporal Amado Perillo, Jr.; Private First Class Paulo Orticio, PFC Teodoro Ojeda, Jr.; and PFC Senecio Potian, Jr. were killed in the attack.
However, neither in the information, a document containing the criminal charges; nor in the resolution, a document containing the decision of the prosecutor on the grounds on which he concluded there was “probable cause” to proceed with the criminal prosecution, were there any details that Roy and Amelita, and the others, did took part in the attack.
Nevertheless, Omar Manilapaz, assistant provincial prosecutor, resolved to proceed with criminal prosecution, for reasons that: “respondents failed, despite opportunity given them, to file any controverting evidence because some of them cannot be located at their given address, the undersigned finds sufficient evidence to establish probably cause.”
Obviously, if there were indeed notices or subpoenas sent to the respondents, like Roy and Amelita, to answer the allegations on them, they could not possibly received it since the address given in the charge are different to the address where they actually lived. Amelita lives in Mandaluyong City, not in Ragay, Camarines Sur. Roy lives in Las Pinas, Metro Manila, not in North Villazar , Sipocot, Camarines Sur. Camarines Sur and Metro Manila are two separate places several hours distant from each other.
Despite serious questions as to the procedures and merits of the charges, nevertheless Judge Rolando De Lemios Lobis, presiding judge of the Regional Trial Court (RTC), Branch 64 in Labo, Camarines Norte, resolved to issue an order for the arrest of the accused based on the prosecutor’s resolution without recommending bail. Roy and Amelita had already replied to the charges invoking a defense of alibi.
The AHRC is of the opinion that the prosecutors deliberately used the wrong addresses or failed to correct when they found out that they were wrong. In doing so, they denied the accused of the opportunity of answering the charges against them. This practice has happened in the past and the AHRC has documented these incidents: the case of lawyer Remigio Saladero Jr. and 20 others, falsely charged farmers in Bondoc Peninsula, in the case of Evidente, and many others.
SUGGESTED ACTION:
Please write letters to the authorities listed below asking for their adequate and immediate intervention for the withdrawal of criminal charges on the victims.
The AHRC is also writing separate letters to the Special Rapporteur on the situation of human rights defenders for her intervention on this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
PHILIPPINES: Two urban poor leaders and 30 others falsely charged with murder
Name of persons falsely charged:
1. Roy Velez, regional chairperson of the Kilusang Mayo Uno (KMU), a national labor organization.
2. Amelita Gamara, a member of the board of Defend Job Philippines, a local NGO advocating for descent job.
Velez and Gamara were charged together with 30 other accused
Details of the murder case:
They were charged for murder under Criminal Case No. 12-2288 before the Regional Trial Court (RTC), Branch 64, in Camarines Sur. The court issued an arrest order on October 18, 2012 without recommending bail. The murder case was in connection with the killing of four soldiers: Corporal Amado Perillo, Jr.; Private First Class Paulo Orticio, PFC Teodoro Ojeda, Jr.; and PFC Senecio Potian, Jr., in an attack of the military camp in Barangay Maot, Labo, Camarines Norte, on April 29, 2012.
I am writing to express my deep concern that two urban poor leaders, Roy Velez and Amelita Gamara, have become yet other victims of fabrication of charges. Roy and Amelita are known urban poor leaders in Metro Manila helping urban poor communities, notably villager in the Silverio compound in Paranaque City, from being forcibly evicted.
I am aware that Roy and Amelita, now subject of arrest for the murder case I have mentioned above, have not received any notification nor had been informed by the prosecutors in the province of Camarines Sur that they had been charged for murder. In fact, in prosecutor Omar Manilapaz' resolution to prosecute them and 30 others, there were no details clearly stating how and to what extent Roy, Amelita and others were involved. Nothing in the criminal complaint shows merits and evidence that could have been used as bases for the finding of the "probable cause"
Nevertheless, knowing full well that the victims had neither been informed of the charges nor able to respond to the allegations on them, prosecutor Manilapaz, resolve to proceed with criminal prosecution for reasons that: "respondents failed, despite opportunity given them, to file any controverting evidence because some of them cannot be located at their given address, the undersigned finds sufficient evidence to establish probably cause."
I am of the opinion that the prosecutors had deliberately breached and disregarded their own procedures in prosecution of cases to ensure the victims are indicted in court, and are prosecuted on fabricated charges. The failure of the prosecutor to exercise "due diligence" to ensure notifications and subpoenas reached the accused, so that they can respond to the allegations, are clear denial of the victims' right to fair trial and due process.
For this reason, the murder charges for violation of procedures stipulated in the Revised Rules of Criminal Procedure must be withdrawn. This rule protects not only the victims, but any individual subject of criminal prosecution by the Department of Justice (DoJ). I am deeply concerned that as a result of the prosecutor's breach and disregard of their own rule the liberty of these persons are at risk.
I urged you to take immediate action in this case.
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 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. Director General Nicanor Bartolome
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +63 2724 8763
Tel: +63 2 726 4361/4366/8763
E-mail: ruth_cossid@yahoo.com
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
Thank you.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC) (ua@ahrc.asia)
