UPDATE (Philippines): Peasants were brutally massacred by soldiers; pregnant woman among the dead 

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information today from the KARAPATAN (Alliance for the Advancement of Peoples Rights), a human rights organization based in Manila, Philippines, regarding the massacre of farmers in Barangay San Agustin, Palo, Leyte on 21 November 2005.

According to the latest information, the victims were members of San Agustin Farmer Beneficiaries Association (SAFBA) and Bayan Muna (People first), a party list organisation. Contrary to earlier reports, it was learned that the victims were gathered in the area as they were about to cultivate a 12-hectare land awarded to them by the Department of Agrarian Reform (DAR) in 1996 when the incident took place.

Seven of those killed were identified as Bernabe Borra Jr., Eric Nogal, Roel Obijas, Perlito Borra, Gerry Almerino, Eufemia Borra (51) and Alma Bartoline. Bartoline was seven months pregnant at the time of her death. Some of the victims, who are also farmers from nearby villages, are presently admitted at a hospital. Eight were arrested and detained at the police and military stations in Palo, Leyte.

Your immediate action is required to pressure the Philippine government to conduct an impartial and credible investigation into the case. Appropriate assistance must be afforded to the victims and families of the dead without delay. Those who were arrested and detained must be released immediately if there are no charges to warrant their detention.

Urgent Appeals Programme
Asian Human Rights Commission
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UPDATED INFORMATION:

Name of victims killed:
1. Bernabe Borra Jr y Barbosa male, resident of Brgy. Teraza, Palo, Leyte
2. Eric Nogal y Selada
3. Roel Obijas y Lacaba
4. Perlito Borra
5. Gerry Almerino, a resident of Brgy Capirawan, Palo, Leyte
6. Eufemia Borra y Barbosa (51), a resident of Brgy. San Agustin, Palo.
7. Alma Bartoline (who was seven months pregnant at the time of her killing)
Name of victims wounded:
1. Ramy Cumpio (36), organizer of Bayan Muna partylist.
2. Mark Pansa/Monsa (23)
3. Ferdinand Montanejos
4. Bernabe Borra Sr. (20), suffered hack wounds
5. Ranilo Orseda (42)
6. Berlito Barbosa y Borra
7. Ismael Regato (22)
8. Cora Bernabe (52)
9. Richard Cornesta y Margallo (30)
10. Christopher Bayase
11. Ariel Timbo Capatoy and several others whose names are not yet available
The wounded victims who suffered gunshot and shrapnel wounds are presently admitted at the Eastern Visayas Regional Medical Center (EVRMC).
Names of persons arrested and presently in custody of the military and Palo Police Station:
1. Marivic Macawile, secretary-general of KADAMAY and organizer of
Bayan Muna, resident of Brgy. Utap Tacloban City
2. Joselito Tobe, the secretary-general of the Concerned Citizen’s for Justice and Peace (CCJP-Metro Tacloban) and Bayan Muna, resident of Brgy. Cabuynan, Tanauan, Leyte
3. Arnel Dizon y Margallo
4. Mariel Obijas y Dizon, a resident of Brgy. San Agustin, Palo, Leyte
5. Eulogio Pilapil, a resident of Brgy. San Agustin, Palo, Leyte
6. Artemio Amante, a resident of Brgy. Capirawan, Palo, Leyte
7. Baltazar Mardo, a resident of Brgy. Salvacion, Alang-alang, Leyte
8. Bernardo Lantajo, a resident of Brgy. San Agustin, Palo, Leyte
Names of persons in custody of village leaders:
1. Antonio Margallo (16)
2. Eduardo Margallo (24)
Date and place of incident: 21 November 2005, at about 5:00am. in Brgy. San Agustin, Palo, Leyte, in Leyte Island
Alleged perpetrators: Military men wearing bonnets attached to the 19th Infantry Battalion under the command of Lt. Benedicto stationed in Barangay Aguiting, Kananga, Leyte.

Case details:

On 21 November 2005, at about 5:00am, farmers belonging to the San Agustin Farmer Beneficiaries Association (SAFBA) and Bayan Muna Partylist were about to do their ‘balik-uma’ or positioning on the land awarded to them by the Department of Agrarian Reform (DAR) based on the Comprehensive Agrarian Reform Program (CARP).

During this activity, they were joined by members of the Bayan Muna (People first), a party list organization.  It was the Bayan Muna members who had been helping the farmers in the follow up of their papers in this particular land dispute until the land was awarded to them.

Some of the farmers were already awake and cooking their food.  It is a common practice among the farmers to invite people from neighbouring villages to the opening of the planting season and it is usually met with a feast (‘handaan’).  There were farmers coming from the nearby village of Barangay Teraza and Capirawan of Palo, together with those from Alang-alang Small Farmers Association (ASFA) in Alang-alang, Leyte who joined the locals in the area.

According to the account of the survivors, several armed men clad with bonnets suddenly opened fire on the farmers and hurled several grenades at the place where at least 46 people were staying. Five people died on the spot. Those who were seriously wounded were taken to the hospital. Two of them died while being treated.

It was also reported that eight persons have been arrested and detained by the military and police in Palo, Leyte. Two others, one of whom is a minor, are being held in custody by a village leader in Barangay Can-gumbang, Palo, Leyte.

It was reported by the media, in an interview with local reporters, that Col. Louie Dagoy, the commanding officer of the 19th Infantry Battalion (IB), has claimed that the incident was an encounter. The survivors, however, strongly deny the military’s claim. They said that the military men opened fired on them without any warning.

Lulu Palencia, the Citizens Anti-Crime Assistance Group (CAAG) that conducted a separate investigation, has said that the victims were deliberately shot at and were not armed when attacked.

As of Monday, the military is conducting a zoning operation at Brgy. San Agustin,
Palo, Leyte.

Additional information:

According to the initial assessment by the alliance of human rights organisations based in the area, the perpetrators were on a combat operation.   It could have been deliberately committed as part of their counter-insurgency operations.

Previously, at least 570 documented cases of human rights violations and violations of International Humanitarian Law (IHL) have been recorded in the area. It was the operatives of the 8th Infantry Dividion (ID), Philippine Army (PA), who allegedly perpetrated such violation, in particular this massacre of farmers.

The military had in the past accused the party list organization Bayan Muna and its members as being sympathisers and combatants of the New Peoples Army (NPA). Gen. Jovito Palparan, the former commander of the 8th Infantry Division (ID), has labeled the progressive party-list as a ‘recruitment agency of the NPAs’ during his term as commanding general.

SUGGESSTED ACTION:

Please send a letter to the Ombudsman for Military and the Commission on Human Rights (CHR) asking them to conduct an immediate and impartial investigation into the incident without delay.
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