PHILIPPINES: Violent dispersal of 21 union members by policemen and guards; criminal charges filed against injured victims 

Dear friends,

 

The Asian Human Rights Commission (AHRC) writes to inform you regarding the use of excessive force by policemen and security guards in dispersing 21 union members of a protest at the Department of Labor and Employment (Dole) office in Intramuros, Manila at 10am on August 16, 2006. Six of the union workers were seriously wounded when police and guards used excessive force to disperse them. The union members had gone to the Dole office to submit new petition, involving a labour union case when the incident took place.

 

The victims are members of Toyota Motor Corporation Philippines Workers Association (TMCPWA). The group was about to submit another set of motions for reconsideration, questioning the Dole’s decision to scrap their earlier motion to have their union recognized as legitimate. The motion had been scrapped by the Dole’s decision, which instead decided to recognise another labour union that is viewed as being more favourable towards the management. As they were about to submit their petitions, they were assaulted, brutally beaten, arrested, detained and subsequently charged with criminal cases by the police.

According to a report from the Center for Trade Union and Human Rights (CTUHR), those who suffered serious injuries were: Angelo Gavarra, Manolito Gertes, Joseph Alicabo, Ricky Bindol, Rommel Mariano and Jun Torres. They were taken to the Ospital ng Maynila (Manila Hospital) for treatment and later taken to the general headquarters of the Western Police District (WPD) where they are presently being detained. Gavarra and Bindol suffered injuries to their heads after the policemen hit them with firearms. Mariano could no longer walk after the incident. According to a testimony given by one of the victims, Jun Torres, “Pinagtatadyakan, sinuntok at pinalo kami ng pulis at mga gwardya” (We were punched, kicked and beaten by the security guards and police).

 

The CTUHR reported that the union members were being blocked from entering the Dole offices. The six victims testified that their groups were at the ground floor when one of the security guards fired several warning shot. This reportedly started a panic, during which some of the union members tried to run towards the 7th floor of the building. When police reinforcements arrived, they began assaulting the union members. Around 50 guards and policemen were involved in allegedly assaulting the group. “Binugbog, pinagsisipa at sinakal kami ng mga pulis at guwardya habang itinataboy pababa. ‘Yong iba pinagpapalo nila ng baril sa ulo,” (They punched, kicked and beat us while they were throwing us out of the building. Some of us were beaten on the head with guns.), according to Torres, one of the union officers.

 

Union president, Ed Cubelo, said “ipa-file namin ang bagong motion for reconsideration (MR) pero hinarang at pinaputukan agad kami ng guard” (We are going to file new motions for reconsideration but they blocked us and the guard fired his gun)”. Cubelo’s group is questioning the decision by the labour department, headed by Secretary Arturo Brion and Undersecretary Manuel Imson, which favoured another union that is reportedly sympathetic to the management. The Dole made this decision despite earlier rulings by the Supreme Court of the Philippines and the International Labor Organisation (ILO) that recognise Cubelo’s group as being the legitimate union to conduct negotiations with the management.

 

In the evening of August 16, charges of inciting to sedition, trespassing, damages to properties and slight physical injuries were filed against the 21 union members, including the six seriously wounded persons. Those charged were Virgilio Colandog, Ed Cubelo, Rommel Tolentino, Petronio Taclan, Alexander Caalim, Larry Ormilla, Reynaldo Cuevas, Romel Arceta, John Fajura, Jason Fajilagutan, Romualdo Simborio, Joseph Alicabo, Carlito Palamos, Lester Atun, Federico Torres, Melchor Gonzales, Manolito Gertes, Rowell Delgado, Ricky Bindol, Angelo Gavarra and Rommel Mariano.

 

Today, the National Coalition for the Protection of Workers’ Rights- Southern Tagalog and CAR-AID, a coalition of workers unions in the car industry is set to seek dialogue with Secretary Brion regarding the incident.

 

SUGGESTED ACTION:
Please request the immediate intervention of the concerned authorities below to have this case properly investigated. The criminal charges against the 21 union members must be dropped in the absence of valid legal reasons and they must be released unconditionally and without delay. All injured persons must receive immediate, adequate medical assistance. An impartial investigation must be conducted to determine those responsible for the incident and any alleged excessive use of force. Any members of the police or security guards that are found to have used excessive force must be suspended from duty, charged as appropriate and brought to justice.

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