[RE: UA-216-2005: PHILIPPINES: Soldiers kill nine farmers in Leyte, Visayas; UP-141-2005: PHILIPPINES: Peasants were brutally massacred by soldiers; pregnant woman among the dead; UP-019-2006: PHILIPPINES: Possible irregularities in police investigation; survivor details brutal killings of peasants; UP-053-2006: PHILIPPINES: Commission on Human Rights (CHR) set to file charges against soldiers allegedly involved in killing peasants in Leyte; UP-129-2006: PHILIPPINES: An appeal for the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Office to act on the recommendation of the Commission on Human Rights to file murder charges against the military]
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PHILIPPINES: Extra-judicial execution; call for speedy disposition of cases; a need for security and protection to complainants; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you that murder charges have already been filed against military men, a police officer and individuals allegedly involved and conspired in the brutal murder of eight farmers, including a seven month pregnant woman, in Palo, Leyte on November 21, 2006.
The case was filed exactly one year after the brutal murders on November 21, 2005. It was also filed after the court acquitted on November 17, 2006 the other nine persons whom the military and police arrested, detained and falsely charged for illegal possession of firearms and ammunitions following the said incident. One of those acquitted, Jose Tobe, has died of mysterious circumstances while in detention.
The eight people brutally killed on November 21 last year were Eric Nogal, Ruel Obejas, Bernabe Burra Jr., Richard Tante, Jerry Almerino, Eufemia Burra, seven months pregnant Alma Bartoline and Mark Bonsa. Five of the victims died at the scene, the two female vistims were declared dead on arrival at the hospital, while another victim, Mark Bonsa, died whilst receiving medical treatment. (Read of previous appeals for details: UA-216-2005; UP-141-2005).
Previously, fabricated charges for illegal possession of firearms and ammunitions were filed against the nine victims, namely Richard Margallo, Baltazar Mardo, Ferdinand Montanejos, Artemio Amante, Eulogio Pilapil, Ronilo Orcida, Arniel Dizon, Fe Muriel Dizon-Obejas and the deceased – Joselito Tobe. The military have accused them of being members of a rebel group and have planted evidence against them. In our previous appeals, we rightly mentioned the irregularities in the conduct of the investigation and the gathering of evidence against the victims (Read our previous appeals for details: UP-019-2006)
UPDATED INFORMATION:
On November 17, although Judge Mario Nicolasaro of the Palo Municipal Trial Court already acquitted the eight respondents for the charges of illegal possession of firearms and ammunitions, the other case for illegal assembly, has not yet been resolved. The respondents posted bail for their temporary liberty and were released from Leyte Provincial Jail.
According to a reliable source from the Promotion of Church People’s Response (PCPR)-Eastern Visayas Chapter, charges of multiple murder and multiple frustrated murder have already been filed with the Office of the Provincial Prosecutor, Leyte, against 12 military men, a police officer, six persons and 13 others whose names are yet to be known.
Those charged were Colonel Pedro Fernando, Commanding Officer of the 802nd Infantry Brigade, Philippine Army, stationed at Burauen, Leyte; Intelligence Officer Captain Gum-os and Captain Chanco, all are attached to 802nd Infantry Brigade, stationed at Burauen, Leyte; Lieutenant Colonel Lope Dagoy, Commanding Officer of the 19th Infantry Battalion, Philippine Army, Intelligence Officer 1Lt. Eddie Abolencia, 2Lt. Luel Adrian Benedicto, Operations Officer 1Lt. Menner Gutierrez, Corporal Dioscoro Jamorawon, Sergeant Ruel Fernandez, Private first Class (Pfc) Tarroza, Pfc. Vale and Pajarilla, all are attached to the 19th Infantry Battalion, stationed at Barangay Aguiting, Kananga, Leyte.
The 13 other unidentified assailants are all members of the 19th Infantry Battalion, Philippine Army. They were also charged for being members of the Strike Team Alpha and Strike Team Bravo during the incident on November 21, 2005.
Accusations were also placed on police officer Police Senior Inspector (PSINSP) Rito Aragon Pacanan of Palo Municipal Police Station and other persons Nestor Margallo, Roque Margallo, Sr., Arvin Margallo, Elmer Agner, all of Barangay (village) Cogon, Palo, Leyte, and Vicente Amba, Jr. and Eduardo Potente, of Barangay San Agustin, Palo, Leyte.
Murder charges were not the only charges filed against them, separate charges of serious physical injuries, robbery with violation against or intimidation against persons, incriminating innocent persons and conniving with or consenting to evasion were also filed against them. The charges of robbery were in connection with the seizure of two sacks of rice, 40 liters of gasoline, 10 kilos of brown sugar, 20 packs of coffee, 40 pieces of sundang or bolo used for farming from the victims and Php60,000.00 (USD 1,212) in cash from one of the dead victims, Alma Bartoline.
SUGGESTED ACTION:
Please write letters to the concerned agencies requesting their intervention to ensure the speedy disposition of the charges the victims filed against the military men, a police officer and other individuals involved. The security and protection of complainants must also be ensured to prevent possible attacks or violence taken against them. It is necessary that these complainants be given adequate protection until the judicial proceeding is completed.
Now that the eight falsely charged are released, appropriate compensation must be afforded to them for the undue detention they suffered inside the jail as a result of the false charges filed. An adequate investigation must also be conducted into the death of Jose Tobe, one of the accused who died of mysterious circumstances while in detention. The remaining charge of illegal assembly against the victims must be dropped without further delay.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
PHILIPPINES: Eight falsely charged farmers acquitted; murder charges filed against several military men, police officer and others
Name of those facing charges:
1. Colonel Pedro Fernando, Commanding Officer of the 802nd Infantry Brigade, Philippine Army, stationed in Burauen, Leyte
2. Captain Gum-os, Intelligence Officer of the 802nd Infantry Brigade
3. Captain Chanco, 802nd Infantry Brigade, Philippine Army, stationed in Burauen, Leyte
4. Lieutenant Colonel Lope Dagoy, Commanding Officer of the 19th Infantry Battalion, Philippine Army, stationed at Barangay (village) Aguiting, Kananga, Leyte
5. 1Lt. Eddie Abolencia, Intelligence Officer of the 19th Infantry Battalion
6. 2Lt. Luel Adrian Benedicto of the 19th Infantry Battalion
7. 1Lt. Menner Gutierrez, Operations Officer of the 19th Infantry Battalion
8. Corporal Dioscoro Jamorawon of the 19th Infantry Battalion
9. Sergeant Ruel Fernandez of the 19th Infantry Battalion
10. Pfc. Tarroza of the 19th Infantry Battalion
11. Pfc. Vale of the 19th Infantry Battalion
12. Pajarilla of the 19th Infantry Battalion
13. Police Senior Inspector Rito Aragon Pacanan of Palo Municipal Police Station, Leyte
14. Nestor Margallo of Barangay (village) Cogon, Palo, Leyte
15. Roque Margallo, Sr. of Barangay Cogon
16. Arvin Margallo of Barangay Cogon
17. Elmer Agner of Barangay Cogon
18. Vicente Amba, Jr. of Barangay San Agustin, Palo, Leyte
19. Eduardo Potente of Barangay San Agustin
20. Thirteen John Does, all of them members of the 19th Infantry Battalion, Philippine Army
Name of the complainants:
1) Fe Muriel Obejas, 2) Grace Burra, 3) Corazon Almerino, 4) Melinda Bartoline, 5) Rosalinda Tante, 6) Gerlie Linde, 7) Arniel Dizon, 8) Eulogio Pilapil, 9) Artemio Amante, 10) Baltazar Mardo, 11) Richard Margallo, 12) Ronilo Orcida, 13) Eduardo Margallo, 14) Ferdinand Montanejos, 15) Renato Dizon, 16) Fe Dizon
Status of the case: The case was filed on November 21 and still pending before the Office of the Provincial Prosecutor, Palo, leyte.
I am writing once again to draw your attention to brutal murder of farmers in Palo, Leyte in November 21 last year. As you are aware, eight persons, including a seven-month pregnant woman were allegedly brutally murdered by the military during the said incident. Eight other persons were likewise arrested, detained and falsely charged for illegal possession of firearms and ammunitions, but were acquitted and released on November 17 by the Municipal Trial Court in Palo, Leyte.
After the victims were acquitted of the charges, I have learned that they have filed charges of multiple murder and multiple frustrated murder against the 12 military men, a police officer, six individuals and 13 others whose names are yet to be identified for allegedly involving and conspiring with each other to commit these crimes. This is in connection with the deaths of eight of the complainants’ fellow farmers, some of whom were their family members and relatives.
While I appreciate the victim’s acquittal from the charges, which reinforce my early concern of the possible irregularities in the conduct of arrest, detention, investigation and the filing of charges against the victims, I am deeply concerned that the remaining case regarding illegal assembly has not yet been resolved. I am aware that the court has yet to rule whether or not to acquit the victims from the remaining charges of illegal assembly. I therefore urge you to ensure the speedy disposition of the remaining case. If there is no sufficient evidence to prosecute the victims, they must be acquitted without further delay. The victims have long suffered the consequences of the authorities’ arbitrary and illegal acts, they have already been detained with false charges placed on them and they are to once again endure further trial of charges that could be false.
Now that the families of the deceased and other victims have already filed murder charges in court against the military men, a police officer and other persons with the Office of the Provincial Prosecutor in Leyte, I urge you to ensure the speedy disposition of the complaint they filed. It is essential that the respondents are indicted in court without further delay. I likewise urge you to ensure that the complainants are afforded with adequate security and protection to prevent possible attacks or atrocities taken against them by any groups.
I also urge you to ensure that those acquitted victims are afforded with adequate and appropriate compensation for the undue detention they have suffered as a result of the false charges. If the families of the dead have not been afforded with compensation and assistance yet, it must be followed up and ensured that these reach them. Although I am aware of the pledges and assurance for victims’ compensation, in particular the regional office of the Commission on Human Rights (CHR), I am not aware whether or not this was actually given to them.
Finally, I urge you to consider filing of administrative charges against the military men and police officer accused in the complaint filed by the victims. It is also necessary that they be imposed with appropriate disciplinary and administrative sanctions now that the charges have already been filed against them. I am deeply concerned that the continued reporting for duty by these accused military men and police officers could have serious effects to the pending case. It must be ensured that while they are facing charges, there is no possibility for them to exploit or use their authority to intimidate, threat and use violence against the complainants.
I trust that you will take action in this case.
Yours sincerely,
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PLEASE SEND YOUR LETTER TO:
1. Ms. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Tel: +63 2 928 5655 / 926 6188
Fax: +63 2 929 0102
Email: drpvq@yahoo.com
2. Director General Oscar Calderon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Tel: +63 2 726 4361/4366/8763
Fax: +63 2724 8763
Email: bluetree73@gmail.com
3. Mr. Raul Gonzalez
Secretary
Department of Justice
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
4. Mrs. Esperanza I. Cabral
Secretary
Department of Social Welfare and Development
3/F DSWD Building, Batasang Pambansa Complex,
Constitution Hills
Quezon City
PHILIPPINES
Tel: +63 2 931 7916 / 931 8068
Fax: +63 2 931 8191
Email: eicabral@dswd.gov.ph
5. Mr. Ronaldo V. Puno
Secretary
Department of Interior and Local Government (DILG)
A. Francisco Gold Condominium II
EDSA cor. Mapagmahal St., Diliman
Quezon City
PHILIPPINES
Voice: +63 2 925 0330 / 31
Fax: +63 2 925 0332
Email: rvpuno@dilg.gov.ph
6. Mr. Orlando Casimiro
Deputy Ombudsman
Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices
3rd Floor, Ombudsman Bldg., Agham Road, Diliman (1104)
Quezon City
PHILIPPINES
Tel: +632 926 9032
Fax: +63 2 926 8747
Email: omb1@ombudsman.gov.ph
7. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Atten: Lydie Ventre
Room 3-016
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (general)
8. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Attn: Melinda Ching Simon
Room 1-040
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
