PHILIPPINES: Harassment, illegal arrest and detention conspired with landlord and the police
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The Asian Human Rights Commission (AHRC) has been informed by Task Force Detainees of the Philippines (TFDP), a well-known human rights organisation in the country, about the arrest and detention of a poor farm family under what are believed to be fabricated charges made by a landlord and the police.
According to the information we have received, the poor farm family was evicted from their land and have been detained for suspicion of being members of the New People’s Army (NPA), which is f. Although one of the victims suffers from tuberculosis and half of her body is paralysed, the victims continue to languish in jail.
AHRC requests that you express your concern about this case to the authorities in the Philippines.
CASE DETAILS
The Tumampo family has cultivated the contested property since 1981. Primitiva Verano, their relative and landowner, gave them permission to cultivate the land in Sityo Tabgas, Albuera, in the province of Leyte and allowed them to gather coconuts and process them into copra.
For almost 17 years, the Tumampo family has religiously shared two-thirds of the farm’s income with the landowner. The owner also allowed them to construct a house on this property. However, in 1998, the landowner offered them 10,000 pesos (US$201) and asked them to vacate the land. Ernesto Verano Sr., 63, refused to accept the amount and asked the municipal agrarian reform officer (MARO) and the Dept. of Agrarian Reform (DAR) to help him secure a leasehold contract between the landowner and their family. A pre-mediation conference was set between the aggrieved parties, but Primitiva Verano did not attend the meeting.
The Tumampo family continued their daily activities on the farm. In March 1999, the landowner filed a case of qualified theft against Ernesto Tumampo Sr. Although it was later dismissed by the judge since it is an agrarian dispute, Tumampo was detained for almost two months. Four months later unidentified men burned their house, and one family member was injured. The Tumampo family immediately constructed a new house for fear that they would be driven out of the area. A person known as Toto, reportedly a military officer and a nephew of the landowner, allegedly harassed them and accused them of being members of the NPA.
In May 2000, the tenants had again harvested the coconuts and processed them into copra, but the landowner refused to accept her share of the harvest. On Sept. 13, 2000, members of the Philippine National Police (PNP) based in Albuera, Leyte, arrested Ernesto Tumampo, 19, the family’s second son. The victim claims that no warrant of arrest was presented to him during the incident. Later the son’s mother, Virginia Tumampo, 50, and Elberto Tumampo, 21, the eldest son, were also placed behind bars. A week after this incident Ernesto Tumampo Sr. was also arrested. The Tumampo family is presently detained at the Baybay Provincial Jail in Baybay, Leyte.
Virginia Tumampo is reportedly suffering from tuberculosis and half of her body is paralysed. The case has not been resolved for two years, and the victims continue to languish in jail. Each family member has to pay 20,000 pesos (US$403) for their temporary liberty.
SUGGESTED ACTION
Please send an appeal to the Philippine government officials below to express your grave concern for the family, particularly the health of Virginia Tumampo, and to urge the Filipino authorities to investigate the case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
I am writing this letter to you to express my grave concern regarding the arrest and detention of the Tumampo family in Sityo Tabgas, Albuera, Leyte, Philippines.
The Tumampo family has cultivated what is now contested property since 1981. Primitiva Verano, their relative and landowner, gave them permission to cultivate the land in Sityo Tabgas, Albuera, Leyte, and the Tumampo family has religiously shared two-thirds of their income with the landowner for the last 17 years. The owner has also allowed them to construct a house on this property. However, in 1998, the landowner offered them 10,000 pesos (US$201) and asked them to vacate the land. Ernesto Verano Sr., 63, refused to accept the amount and asked the municipal agrarian reform officer (MARO) and the Dept. of Agrarian Reform (DAR) to help him secure a leasehold contract between the landowner and their family. A pre-mediation conference was set between the aggrieved parties, but Primitiva Verano did not attend the meeting.
In March 1999, the landowner filed a case of qualified theft against Ernesto Tumampo Sr. Although it was later dismissed by the judge since it is an agrarian dispute, Tumampo was detained for almost two months. Four months later unidentified men burned their home, and one family member was injured. A person known as Toto, reportedly a military officer and a nephew of the landowner, allegedly harassed them and accused them of being members of the New People's Army (NPA).
In May 2000, the tenants again harvested the coconuts and processed them into copra, but the landowner refused to accept her share of the harvest. On Sept. 13, 2000, members of the Philippine National Police (PNP) based in Albuera, Leyte, arrested the family's second son, Ernesto Tumampo, 19. The victim claims that no warrant of arrest was presented to him during the incident. Later the son's mother, Virginia Tumampo, 50, and Elberto Tumampo, 21, the eldest son, were also placed behind bars. A week after this incident Ernesto Tumampo Sr. was also arrested. The Tumampo family is presently detained at the Baybay Provincial Jail in Baybay, Leyte.
Moreover, Virginia Tumampo is reportedly suffering from tuberculosis, and half of her body is paralysed. The case has not been resolved for two years, and the victims continue to languish in jail.
Therefore, I appeal on humanitarian grounds that the family be immediately released, especially Virginia Tumampo and Ernesto Tumampo, both of whom are old and suffering from a variety of ailments. I urge you to undertake an immediate and impartial investigation into the case in order to resolve the land dispute and to punish the perpetrators of harassment and wrongful detention.
I look forward to learning about your intervention in this case.
Sincerely yours,
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PLEASE SEND YOUR APPEAL BY E-MAIL AND FAX TO:
1. Her Excellency Gloria Macapagal-Arroyo
President, Republic of the Philippines
New Executive Bldg, Malacang Palace Compound
J. P. Laurel St. San Miguel, Manila,
PHILIPPINES
Fax: +63 2 929 3968
E-mail: opnet@ops.gov.ph, kgma@yahoogroups.com
2. Gen. Hermogenes Ebdane
Police Director
Philippine National Police
Camp Crame
Quezon City
Fax: +632 724 8763
E-mail: ebdane@info.com.ph
3. Commissioner Purificacion Quisumbing
Commission on Human Rights
SAAC Bldg., Commonwealth Ave,
U.P. Complex, Diliman, Quezon City
PHILIPPINES
Fax: +63 2 929 0101 or 928 0848
E-mail drpvq@chr.gov.ph
Also send a copy of your appeal to <rnunez@tfdp.org> and <ua@ahrchk.org>.
