Grp lies in ejks 2007

T h e L i e s o f G R P O f f i c i a l s on Extrajudicial Killings

A C o m p a r a t i v e S t u d y o f Tw e n t y - T h r e e ( 2 3 ) Cases of Extrajudicial Killings Filed Against the GRP that the Macapagal-Arroyo Regime Is Attributing to the NDFP

Booklet Number 9 NDFP Human Rights Monitoring Committee M ay 2 0 0 7

The Lies of GRP Officials on Extrajudicial Killings

Contents 1.

Preface

3

2.

The JMC and its task of carrying out fact-finding investigations

5

3.

Letter of NDFP Monitoring Committee Chairman to GRP-Monitoring Committee Chairperson, September 17, 2006

9

4.

Summary of the NDFP-MC and NDFP-JS comparative study

of 23 cases of extrajudicial killings filed against the GRP

that the Macapagal-Arroyo regime is attributing to the NDFP 10

Photos of Expedito Albarillo, Manuela Albarillo, Ricardo Balauag, Armando Javier, Sotero Llamas, Elena Mendiola,

Rev. Jemias Tinambacan, and Ricardo Uy

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5.1 Comparative study of twenty-three (23) cases

Case 1: Aguilar, Juan Jr., killed 25 August 2002, Sorsogon

Case 2: Albarillo, Expedito & Manuela Albarillo, killed 8 April 2002, Oriental Mindoro 18

Case 3: Arcilla, Rommel, killed 20 November 2005, Pampanga

20

Case 4: Arinque, Nestor, killed 7 March 2006, Bohol

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Case 5: Atento, Ernesto, killed 26 February 2003, Albay

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Case 6: Balauag, Ricardo & Elena Mendiola, killed 10 May 2006, Isabela

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Case 7: Castillo, Madonna, killed 20 July 2006, Isabela

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Case 8: Dimaano, Eddie, killed 20 May 2005, Camarines Sur

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Case 9: Espino, Renato, killed 18 February 2005, Pampanga

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Case 10: Furog, Eugenio, killed 13 June 2004, Bohol

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Case 11: Gatdula, Francisco, killed 24 December 2004, Mindoro Occidental

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Case 12: Gomez, Victorina & Romeo Atienza, killed 15 December 2005, Pampanga

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Case 13: Guevarra, Arnel Cudia Sr., killed 21 July 2006, Pampanga

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Case 14: Javier, Armando, killed 2 October 2005, Nueva Ecija

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Case 15: Lacsa, Luis, killed 23 February 2002, Sorsogon

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Case 16: Llamas, Sotero, killed 29 May 2006, Albay

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Case 17: Nardo, Manuel, killed 15 May 2006, Pampanga

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Case 18: Nasol, Sotero, killed 14 Dec. 2002, Albay

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Case 19: Segui, Teodoro Jr., killed 12 April 2002, Albay

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Case 20: Sungit, Abe, killed 5 February 2005, Palawan

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Case 21: Takadao, Albino, killed 3 February 2006, Cotabato

Case 22: Tinambacan, Rev. Jemias, killed 9 May 2006, Misamis Occidental

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Case 23: Uy, Ricardo “Ding,” killed 18 November 2005, Sorsogon City

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Photos of Atty. Felidito Dacut, Paquito Diaz, Rev. Edison Lapuz, Hermilito Marqueza and Victor Olayvar

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5.2 Tabulation of additional 5 incidents

Case 1: Dacut, Atty. Felidito, killed 14 March 2005, Leyte

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Case 2: Diaz, Paquito, killed 6 July 2006, Leyte

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Case 3: Lapuz, Rev. Edison & Alfredo Malinao, killed 13 May 2005, Leyte

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Case 4: Marqueza, Hermilito, killed 20 August 2006, Surigao del Sur

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Case 5: Olayvar, Victor,* killed 7 September 2006, Bohol

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6.

Summary in tables

Table 1. Tabulation of selected remarks

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Table 2. Tabulation of organizational affiliation of victims

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7.1. Excerpts of statements of GRP President Arroyo and other GRP officials alleging that the NDFP is responsible for specific cases

of political killings and/or that some of these cases are considered “solved”

66 7.2. NDFP statements on political killings and GRP allegations

68

8.

Press statement of Professor Philip Alston, Special Rapporteur of the UN Human Rights Council

on extrajudicial, summary or arbitrary executions 88

9.

Verdict of the Permanent Peoples’ Tribunal

Second Session on the Philippines

* A complaint form against the NDFP was received on April 30, 2007 after the study had been finished.

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The Lies of GRP Officials on Extrajudicial Killings

1 Preface This publication, “The Lies of GRP Officials on Extrajudicial Killings,” a study by the NDFP Monitoring Committee (MC) and its Joint Secretariat (JS) was prompted by repeated public claims by officials of the Government of the Republic of the Philippines (GRP) imputing the blame or responsibility for the extrajudicial killings of hundreds of legal activists and unarmed civilians to the New People’s Army (NPA), the Communist Party of the Philippines (CPP), and other revolutionary forces, constituting the national liberation movement in the Philippines.

Amidst strong national and international condemnation, the GRP was compelled to create the Melo commission professedly to look into these killings after its earlier creation, the policeled Task Force Usig, had utterly failed to inspire any credibility or respect.

However, the Melo commission got the same reception from the surviving victims, the relatives and witnesses.

Based on the facts, circumstances, pattern, brazenness, brutality, context, and impunity for the attacks, the NDFP has consistently placed the responsibility for the extrajudicial killings on the GRP in the implementation of its socalled counterinsurgency programs, Bantay Laya I and II. These have laid stress on suppressing and targeting the suspected legal political structure of the armed revolutionary movement patterned after the CIA-instigated Phoenix program in Vietnam.

This conclusion has been validated by separate and independent international fact-finding and solidarity missions conducted by Amnesty International and human rights advocates, churches such the World Council of Churches and the US Methodist Church, lawyers and judges groups,

peasants’ organizations, trade unionists, and journalists associations, and further complemented by concerns expressed by foreign governments, parliamentarians and leaders.

For the record, the NDFP has consistently adhered to and promoted human rights and international humanitarian law particularly with respect to the protection of civilians and civilian populations in accordance with the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) signed between the NDFP and the GRP and international human rights and humanitarian law covenants.

This comparative study of twentythree (23) complaints of extrajudicial killings submitted to the Joint Secretariat of the Joint Monitoring Committee (JMC) against both the GRP and the NDFP and involving the same victims, was made more imperative by the GRP’s ridiculous claims that the “unexplained killings” are part of the “purging” by the CPP and NPA. These fantastic tales were intricately woven running up to the visit of Prof. Philip Alston, United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, in February 2007.

Upon instructions of the NDFP-MC by authority of the NDFP Negotiating Panel, this Study was presented and discussed by the NDFP-JS with Prof.

Alston and his official team on February 13, 2007. It was also publicly presented by the NDFP-JS in a media briefing cum forum on February 19, 2007. Media reports were published and an advanced copy of the Study was uploaded in the NDFP and other independent websites. Copies were also sent to the Royal Norwegian Government (RNG), the Third Party Facilitator in the GRPNDFP Peace Negotiations, Amnesty International and human rights groups, international fact-finding and solidari-

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ty missions, people’s organizations and institutions, and concerned individuals and groups.

In his press statement at the end of his visit in Manila on February 21, 2007, Prof. Alston validated the fact that the evidence offered by the military in support of its theory that the killings are a result of “purges” within the CPP and the NPA, is “especially unconvincing.” He candidly dismissed a particular document offered by the military in support of such theory as bearing “all the hallmarks of a fabrication and cannot be taken as evidence of anything other than disinformation.” His press statement is included as section 8 in this publication.

Again, in his statement before the United Nations Human Rights Council on March 27, 2007, Prof. Alston reiterated his findings that “there is no reasonable doubt that the military is responsible for a significant number of the killings and that subsequent evidence points to the continuing nature of that practice,” and the evidence on the so-called purging, is “strikingly unconvincing.”

The Study was also formally presented by Mr. Luis G. Jalandoni, Chairperson of the NDFP Negotiating Panel, as amicus curiae during the public proceedings of the Permanent People’s Tribunal (PPT) Second Session on the Philippines in The Hague, The Netherlands, on March 23, 2007. After careful evaluation of evidence, the PPT found the US-Arroyo regime guilty of crimes against humanity. The PPT verdict is reprinted in this publication as section 9.

The Study is being reissued with minor rearrangement in the content, more appendices, some available photographs of the victims, and printed in a more readable format in the face of the remorseless posture of the GRP in denying its responsibility for the ex-

trajudicial killings and other atrocities like disappearances, frustrated killings, massacres and torture in clear violation of the CARHRIHL and related international human rights and humanitarian law covenants.

The meat of the publication is the comparative matrix of 23 complaint forms and supporting documents submitted by different entities before both the NDFP and GRP Nominated Sections of the JS of the JMC. A cursory examination of this matrix would disclose a wealth of insights and conclusions which are elaborated in a summary (Section 4) and tables (Section 6).

The summary would show that the GRP complaint forms and supporting papers, if any, are woefully lacking in substantiation and contain sweeping and dubious allegations that betray lack of investigation, concern for the victims, and much less any desire for justice.

Included in the Study is a tabulation and evaluation of additional 5 incidents that Task Force Usig is blaming on the NDFP that were filed before the NDFP-JS but not with the GRP-JS at the time of the Study.

Excerpts of statements of GRP President Arroyo and other GRP officials alleging that the NDFP is responsible for the 23 specific cases of political killings and/or that some of these cases are considered “solved” and the pertinent NDFP statements on these political killings and on the GRP allegations are included as reference materials.

“The Lies of GRP Officials on Extrajudicial Killings” assumes significance in light of the GRP impunity in the unabated killings, disappearances, torture and massacres of civilians. These barefaced lies are exemplified by the cases of the daylight summary execution on March 10, 2007 of 56-year old activist-mother Siche Bustamante-Gandinao in Misamis Oriental who testified as a witness

T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s

before Prof. Alston in the earlier killing of her father-in-law and fellow Bayan Muna (People First) member Dalmacio Gandinao, as well as the horrible and atrocious early morning shooting by a platoon of military men of 9-year old Grade 2 student Grecil Buya on March 31, 2007 in Compostela Valley.

In these cases, despite irrefutable facts to the contrary, the military has again distorted the truth and casually blamed the killing of Gandinao on the revolutionary movement and justified the killing of Buya on her being an alleged child combatant.

Finally, the Study is being reprinted to seek justice for the victims who had been doubly victimized by their summary executions and by the false allegations of crimes imputed against them by the GRP as alleged victims of “purging” by the CPP and NPA. The verdict of the PPT Second Session on the Philippines is unequivocal in its judgment of the direct culpability of the US, Gloria Macapagal-Arroyo and her cohorts in the extrajudicial killings. Under the CARHRIHL, the NDFP has the separate obligation to obtain justice and indemnification for all the victims of violations of human rights and international humanitarian law. n

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The JMC and Its Task of Carrying Out Fact-finding Investigations B y F i d e l V. A g c a o i l i C h a i r m a n , N DF P M o n i t o r i n g Committee 1 8 S e pt e m be r 2 0 0 6 On behalf of the Negotiating Panel of the National Democratic Front of the Philippines (NDFP) and its consultants and as Chairman of the NDFP-Monitoring Committee (MC), we extend our warmest greetings of solidarity and appreciation to the Ecumenical Movement for Justice and Peace (EMJP) and the Philippine Peace Center (PPC) for the invitation to share with you the views of the NDFP on the work of the GRP-NDFP Joint Monitoring Committee (JMC) and the work of the NDFPMC. It is timely that this forum, JMC’s Task: Digging Up the Facts, is being held just three days before the 34th anniversary of the declaration of martial law during which many Filipinos sacrificed their lives in the struggle for national freedom and democracy against the US-backed Marcos dictatorship. In the course of that struggle, the Filipino people have learned to promote and defend their human rights, especially in the civil and political spheres.

Today, sadly, twenty years after the downfall of the Marcos dictatorship, we are again faced with a regime that knows no bounds in its deception and cruelty against the people, even surpassing Marcos’ record in the number of disappearances (185 as of 7 September 2006) and the brazenness with which it commits extrajudicial killings (752 as of the same date).

These seem to be the only lessons that the US-backed Macapagal-Arroyo regime has learned from the Marcos dictatorship – how to instill fear on the

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people with the use of brute force and thereby keep itself in power. But there are other lessons this regime will learn in due time - that it will also go down ignominously in history like the Marcos regime and that those found guilty of committing human rights violations will receive their just punishment like Marcos.

I join all of you, especially the organizers of this forum and the human rights victims and their families, in our common quest to obtain justice for all the victims of human rights violations.

Hopefully, together, we can find ways and means to appropriately address the horrible escalation of human rights violations in the country.

The Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) More than ten agreements have been signed in the formal peace negotiations between the GRP and the NDFP. On 16 March 1998, the two parties signed the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law or CARHRIHL, the first item in the substantive agenda. The CARHRIHL came into force on 7 August 1998 upon approval by the principals of both parties.

The CARHRIHL is based on the concrete human rights situation of the Filipino people and embodies their aspirations for justice to all victims of human rights violations. It ensures respect not only for the civil and political rights but also for the social, economic and cultural rights of the Filipino people, especially the workers, peasants and the poor.

The CARHRIHL likewise enjoins both the GRP and the NDFP to uphold international humanitarian law and respect the rights of civilians and civilian communities in the conduct of the war or armed conflict.

The CARHRIHL also requires both parties to separately and jointly uphold, defend and protect the democratic rights and freedoms of the people in accordance with their respective principles and organizational capabilities.

The Joint Monitoring Committee (JMC) and its Joint Secretariat (JS) Part V of the CARHRIHL stipulates that a Joint Monitoring Committee (JMC) will be formed to monitor compliance of the Agreement by both the GRP and the NDFP. The JMC is composed of three representatives each from the GRP and the NDFP, with both parties nominating two independent observers each to sit in all meetings but without the right to vote. The JMC is supposed to meet every three months or as often as necessary in the Philippines or elsewhere upon the agreement of the JMC co-chairmen.

The CARHRIHL further stipulates the formation of a Joint Secretariat (JS) to be composed of an equal number of independent nominees and contracted staff that will be separately nominated and hired by the GRP and NDFP to provide technical and administrative support for the work of the JMC, specifically in carrying out information campaigns on the CARHRIHL and the peace talks and receiving complaints of violations of human rights and international humanitarian law allegedly committed by either party.

The JMC was formally convened on 14 February 2004 in Oslo, Norway. The JS was formally convened on 15 April 2004 in Intramuros, Manila, at the compound of the Catholic Bishops Conference of the Philippines (CBCP). The offices of the JS were formally inaugurated on 4 June 2004.

Unfortunately, since it was convened, the JMC has not had the opportunity to meet to perform its task as provided for in the CARHRIHL of carrying out joint investigations of com-

The Lies of GRP Officials on Extrajudicial Killings

plaints of alleged violations of human rights and international humanitarian law committed by either party. However, the JMC did hold several informal meetings in June and July 2004 to draft an agreement on supplemental guidelines for its work.

JMC Meetings and Joint Investigations Why has the JMC not met to perform its task of carrying out joint investigations of complaints of alleged violations of human rights and international humanitarian law by the two parties?

The reason is because the GRP has taken the position that the JMC cannot meet while the formal talks in the peace negotiations are suspended. The problem is, since June 2001, when the initial composition of the JMC and the character of its joint investigation were agreed upon, the GRP has kept suspending the formal talks for one reason or another.

Then, in August 2005, the GRP unilaterally suspended the Joint Agreement on Safety and Immunity Guarantees or JASIG despite the fact that no such suspension is provided for in the JASIG. Since then the prospects for resuming the formal talks have grown dimmer by the day, with the prejudicial questions remaining unresolved and the human rights violations escalating into horrendous proportions.

The NDFP holds the view that the work of the JMC as provided for in the CARHRIHL is not dependent on the holding of the formal talks. The JMC takes its mandate from the CARHRIHL which remains binding and in full force and effect on the two parties whatever may be the situation in the formal talks.

Thus, there is no reason why the JMC cannot meet regularly or as often as agreed upon to discuss and plan joint investigations on complaints of alleged human rights and international humanitarian law violations even in the present situation where the formal talks

have practically remained indefinitely postponed.

The exchanges on this issue between the GRP and NDFP co-chairmen of the JMC are fully documented in Part III of the book, The GRP-NDFP Peace Negotiations: Major Written Agreements & Outstanding Issues issued by the NDFP-MC and JS on 26 June 2006.

The Work of the Respective Monitoring Committees and Secretariats Nevertheless, despite the failure of the JMC to meet, its work and that of the JS continue. Since its formal opening, the JS offices have received on behalf of their respective monitoring committees, a total of 967 complaints of alleged violations of the CARHRIHL (as of 18 September 2006): 850 complaints against the GRP and 117 against the NDFP. Under the CARHRIHL, each party has the duty and responsibility to look into complaints of alleged violations of human rights and international humanitarian law filed against its forces.

In this regard, the NDFP-JS and NDFPMC have not been remiss in the performance of their tasks to receive, investigate and evaluate the complaints filed against the NDFP. The NDFP-nominated section in the JS has duly received, acknowledged and recorded in its databank such complaints. It has also made an initial examination of the complaints and has forwarded the results of its examination to the NDFP-MC for review and evaluation.

I wish to inform you that since 31 August 2006, the NDFP Negotiating Panel, NDFP-MC and the NDFP-JS Head of Secretariat and Legal Consultant have been holding consultations here in The Netherlands to review and evaluate the complaints of alleged CARHRIHL violations filed against the NDFP. We intend to come out with a

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communiquĂŠ on the results of the consultations at the end of the meeting.

Attempts to Break the Impasse on Joint Investigations In an attempt to break the impasse on carrying out joint investigations of complaints of alleged violations of human rights and international humanitarian law by the GRP, the NDFP-MC formally proposed to the GRP-MC on 20 July 2006 the formation of an ad-hoc joint investigating committee that will conduct fact-finding investigations on reported cases of enforced disappearances of unarmed civilians and suspected revolutionaries since May 2006.

This ad-hoc committee will be composed of the independent observers of the two parties to the JMC, three nominees each from their respective JS and representatives each from the Royal Norwegian Government (RNG) and the International Committee of the Red Cross (ICRC).

Yesterday, an addendum to this formal proposal was submitted by the NDFP-MC to the GRP-MC. The proposal was that the ad-hoc joint investigating committee will also conduct fact-finding investigations on the extrajudicial killings that have been falsely and maliciously attributed by top GRP civilian and military officials to the revolutionary movement.

These twin proposals have been made to put pressure on the GRP to act on the complaints of alleged violations of human rights and international humanitarian law filed against its forces.

The GRP-MC has not made any response to the NDFP-MC proposal despite the lapse of two months and the pressure from various national and international sources.

Our Categorical Position We wish to remind the GRP that the CARHRIHL also provides that the two parties have their respective separate duties and responsibilities to uphold, protect and promote human rights and international humanitarian law within their respective political principles and organizational capability.

To quote Part VI (Final Provisions), Article 1 of the CARHRIHL: The Parties shall continue to assume separate duties and responsibilities for upholding, protecting and promoting human rights and the principles of international humanitarian law in accordance with their respective political principles, organizations and circumstances until they shall have reached final resolution of the armed conflict.

The failure of the GRP to comply with its obligations under the CARHRIHL will leave the NDFP with no other choice but to carry out its obligations under the CARHRIHL to obtain justice and indemnification for all the victims of violations of human rights and international humanitarian law.

To the human rights victims and survivors, their families and relatives and to all those gathered here today, allow me to end my short talk by reiterating that the NDFP stands firm by its commitment to respect human rights and international humanitarian law, whether jointly within the frame of the JMC, or separately within the frame of our revolutionary principles.

We remain firmly committed to the struggle for a just and lasting peace in the Philippines. ď Ž

The Lies of GRP Officials on Extrajudicial Killings

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Letter of NDFP Monitoring Committee Chairman to GRP-Monitoring Committee Chairperson, September 17, 2006

September 17, 2006 Atty. Sedfrey Candelaria Chairperson, GRP-Monitoring Committee Manila, Philippines Email: info@grpmc-jmc.org Fax No. +63(2)7253430 Dear Atty. Candelaria: This is in connection with my letter to you of 20 July 2006, regarding the proposal of the NDFP-Monitoring Committee (MC) for the Joint Monitoring Committee (JMC) to form an adhoc joint investigating committee to be composed of the GRP and the NDFP’s nominated independent observers to the JMC, three members each from the GRP and NDFP’s nominated sections to the Joint Secretariat (JS), and a representative each from the Royal Norwegian Government (RNG) and the International Committee of the Red Cross (ICRC), that will conduct fact-finding investigations into cases of abductions and enforced disappearances of unarmed activists and suspected revolutionaries since May 2006.

In this regard, we are proposing that the same ad-hoc joint investigating committee be tasked to conduct fact-finding investigations into the following extrajudicial killings which the GRP from high cabinet officials to its top military and police officials and socalled investigating bodies, has falsely

and repeatedly claimed, to have been done by the revolutionary movement: 1. Atty. Felidito Dacut killed on 14 March 2005 in Tacloban City; 2. Rev. Edison Lapuz killed on 12 May 2005 in San Isidro, Leyte; 3. Atty. Norman Bocar killed on 1 September 2005 in Borongan, Eastern Samar; 4. Rev. Jemias Tinambacan killed on 9 May 2006 in Barrio Mobad, Oroquieta City; 5. Elena Mendiola and Ricardo Balauag killed on 10 May 2006 in Echague, Isabela; 6. Annaliza Abanador-Gandia killed on 18 May 2006 in Balanga, Bataan; 7. Sotero Llamas killed on 29 May 2006 in Tabaco, Albay; 8. Paquito Diaz killed on 6 July 2006 in Tacloban City; 9. Hermie Marqueza killed on 21 August 2006 in Tandag, Surigao del Sur; and 10. Victor Olayvar killed on 7 September 2006 in Cantubod, Danao, Bohol.

As previously proposed, the adhoc joint investigating committee shall be presided jointly by Ms. Mercy Contreras-Danenberg, GRP-nominated independent observer, and Ms. Marie Hilao-Enriquez, NDFP-nominated independent observer. Its budget shall come from the funds for joint activities of the JS set aside for the purpose by the RNG and the results of its fact-finding investigations shall be submitted to the JMC for approval. The representatives of the RNG and ICRC shall accompany the ad-hoc joint investigating committee on every fact-finding mission to ensure its safety and objectivity and provide guarantees for the protection

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of witnesses who shall testify with the assistance of counsel.

We hope you will find our proposal in order so the ad-hoc investigating committee can immediately proceed with its work.

Very truly yours, (Signed) Fidel V. Agcaoili Chairman, NDFP Monitoring Committee

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S u m m a r y o f t h e N DF P - M C a n d N DF P - J S c o m pa ra t i v e s t u dy o f 2 3 c a s e s o f e x t ra j u di c i a l k i l l i n g s f i l e d against the GRP that the M a c a pa g a l - A r r o y o R e g i m e i s a t t r i bu t i n g t o t h e N D F P Fe b r u a r y 1 3 , 2 0 0 7 As of today, there are 28 specific complaints of extrajudicial killings filed against the GRP with the Joint Secretariat (JS) of the Joint Monitoring Committee (JMC) which top officials of the Macapagal-Arroyo regime are publicly attributing to the NDFP. Of the 28, 23 have complaint forms subsequently filed against the NDFP by the GRP police and/or military. The complaint forms of these 23 cases of extrajudicial killings filed both against the GRP and the NDFP, involving the same incidents, are the subject of the comparative study.

Methodology The comparative study juxtaposes the GRP and NDFP complaint forms against each other in alphabetical order in each of the 23 cases of extrajudicial killings – comparing their respective data with respect to the following: personal circumstances of the victims; description of the incidents, if any; and, allegations, possible motives, and evidence, if any. In matrix form, the study presents side-by-side the data/information contained in the complaint forms of both the GRP and NDFP as submitted to the JS of the JMC. In this manner, the differences between the two complaint forms in each of the 23 cases of extrajudicial killings become obvious.

At the end of the comparative matrix for each case, the NDFP-MC with the help of the NDFP-JS, has put some remarks to highlight the differences be-

The Lies of GRP Officials on Extrajudicial Killings

tween the complaint forms filed against both the GRP and the NDFP on the same incident, with due consideration to the disparity in the resources, capabilities and situation between, on the one hand, the human rights organizations filing the complaint forms against the GRP and, on the other hand, the GRP police and/or military filing the complaint forms against the NDFP. Given their resources and mandate, human rights organizations are duty bound to carry out initial factual, though limited, investigation of each incident of reported violations of human rights, i.e., gather the basic information or facts and record or document these for submission to concerned bodies, including the JMC, for further investigation. On the other hand, the GRP, as the de-facto government, with all its resources and power and its police and other investigative and intelligence agencies, is supposed to be able to conduct investigation of each incident in accordance with internationally accepted standards.

For its part, the NDFP, as a belligerent force in the armed conflict, abides by internationally accepted standards of due process in the conduct of investigation, arrest and prosecution of suspects and in the meting out of appropriate punishment after due and fair trial by the duly constituted people’s court.

The revolutionary movement does not engage in extrajudicial killings. The valid complaint forms, if any, for alleged violations of human rights filed by the GRP with the JMC against the NDFP, which by itself constitutes defacto recognition of the status of belligerency of the NDFP, are being studied well by the NDFP-MC for appropriate referral to the concerned units of the revolutionary movement.

The NDFP has yet to file with the JMC complaints against the GRP for vi-

olations of the Comprehensive Agreement on Respect of Human Rights and International Humanitarian Law (CARHRIHL) committed against members of the revolutionary forces. However, the NDFP Negotiating Panel intends to file complaints against the GRP for the disappearances of its consultants and staff with the appropriate international bodies such as the United Nations Working Group on Enforced or Involuntary Disappearances.

Findings The comparative study shows that the 23 complaints filed against the GRP by human rights organizations contain material and relevant information that can be used by concerned bodies, including the JMC, as initial leads or starting point in pursuing further investigations of the incidents, in order, first, to ascertain the veracity of the information and then to collect more evidence towards the arrest, prosecution, trial and punishment of the perpetrators. At so much risk to the life and well-being of their members, some of whom have become victims themselves like Benjaline “Beng� Hernandez and Eden Marcellana, the human rights organizations comply with their mandate to gather the facts and document the basic information of reported incidents of violations of human rights. They are duty bound to report the truth whatever the consequences. In some of the cases, they have even cited eyewitnesses who made positive identification of the alleged military and police perpetrators by name and rank, which have invited severe retaliatory measures against them. They have therefore no reason to fabricate reports.

On the other hand, the 23 complaint forms filed afterwards against the NDFP for the same incidents arbitrarily attribute the responsibility to the forces

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of the CPP and/or NPA without any credible basis, substantiation or proof.

These were filed by the Judge Advocate General Service/JAGS of the Armed Forces of the Philippines/AFP (15), Philippine National Police/PNP (seven), surviving victims (two), and a relative (one). However, two of the complaint forms purportedly submitted by one surviving victim and a relative of the victim are unsigned, putting their validity open to question.

Almost half of the complaint forms against the NDFP (10) contain nothing more than terse, bare and formulaic allegations such as “shot to death/summarily executed.� More than half (13) have absolutely no description of incidents. Most have no supporting documents at all (18), while a total of 19 complaint forms lack sufficient data to even qualify as valid complaints. Moreover, in 14 of the 23 complaints against the NDFP, no motive is specified for imputing the shootings on the revolutionary forces. In the nine others, the motive cited is so patently false or speculative, as in the case of Sotero Llamas.

No investigations have been conducted in 18 of the 23 cases. In the five others with supporting documents, the investigations have not been thorough or have been designed to fit a particularly contrived theory.

Based on the complaint forms and supporting documents on these 23 cases filed with both the GRP and the NDFP, there are ample grounds to put the burden of responsibility for the extrajudicial killings on the GRP. The responsibility is either direct through the participation of military or paramilitary units on the basis of accounts by eyewitnesses and strong circumstantial evidence, or indirect through inaction, belated or perfunctory response, lack of investigation, inordinately delayed GRP judicial proceedings, and even

cover-ups by GRP investigating agencies.

In 19 complaints filed against the GRP, the presence of eyewitnesses to the shootings is mentioned, including a deathbed declaration by one of the victims which was reportedly recorded by media. Given appropriate protection and/or refuge by concerned churches and humanitarian groups, these eyewitnesses can help identify the perpetrators, some of whom were seen either wearing military uniforms, being accompanied by men in military uniforms or running to nearby military camps after the shootings. Yet these eyewitnesses have apparently not been interviewed by the GRP-created Task Force Usig in its so-called investigations and public claims.

In all of the 23 cases, there is strong circumstantial evidence to identify the military or paramilitary units as the perpetrators. Only the GRP, its forces and agents, with all their resources and capability, has the strongest motive, the best means and all the opportunity to perpetrate the extrajudicial killings.

It must be noted that all the victims of extrajudicial killings were unarmed civilians. Most were members of open and legal organizations active in opposing and exposing the abuses, corruption, electoral manipulation, and anti-people and repressive policies of the Macapagal-Arroyo regime, such as the party lists groups (Bayan Muna, Anakpawis and Gabriela), people’s organizations (BAYAN, KMU, KMP, Pamalakaya, Anakbayan, etc.), churches (UCCP), human rights groups (Karapatan, EMJP and PCPR), professionals (lawyers, scientists, etc.) and independent media associations, etc.

These organizations have repeatedly and viciously been labeled, publicly and without proof, by GRP officials, especially by its military and police, as

The Lies of GRP Officials on Extrajudicial Killings

so-called fronts of the Communist Party of the Philippines (CPP) and/or the New People’s Army (NPA) and, therefore, enemies of the reactionary state.

In the 23 complaints filed against the GRP, 17 of the victims were members of such open and legal organizations, including Llamas himself who was also an acknowledged consultant in the GRP-NDFP peace negotiations. The six others were either peasants or village officials who, also without proof, were openly tagged before their deaths as communists or communist supporters by the military, police and/or paramilitary anti-communist groups in the areas. Some of the victims in the 23 cases were even confirmed to be in the military or police Order of Battle, such as Expedito Albarillo, Rommel Arcilla, Nestor Arinque, Teodoro Segui, Jr. and Abe Sungit.

The organizational affiliation of the victims and the public accusations against them personally by GRP officials constitute tangible and prima facie evidence of motive for the extrajudicial killings. These are also in line with the Macapagal-Arroyo regime’s so-called counter-insurgency program, Oplan Bantay Laya I and II, which specifically calls for targeting or eliminating the so-called political infrastructure of the revolutionary movement patterned after the CIA-instigated Operation Phoenix in Vietnam in the 1960s.

In 12 cases, the extrajudicial killings were preceded by actual surveillance, harassment, intimidation and threats against the victims by the military and paramilitary forces. These antecedent events preceding the attacks are also incontrovertible indications of motive, as well as opportunity and means. These show that, before they were killed, the victims’ movements, schedules and frequented places were studied and known by the military and paramilitary

forces in the area, proving the existence of opportunity and means for the latter to set up the victims’ assassination with stealth, superior strength and in a planned military fashion.

The attacks generally follow a pattern which include identifying the prospective victims, conducting harassment and surveillance against them, inviting them to military camps or visiting their homes, using vans and motorcycles without plate numbers with the gunmen usually riding in tandem with back-up shooters in another vehicle, concealing their identities with bonnets and other devices, using .45 caliber or high-powered firearms such as M-14s and M-16s, firing many shots without restraint, and ensuring that their victims were dead before leaving the scene.

There is also evident premeditation in the killings. This can be seen in the planning and execution of the attacks, as in the case of Victorina Gomez and Rogelio Atienza, who were invited to attend a so-called security conference in a military camp only to be ambushed on their way back home, or Ernesto Atento who was shot in his own house by gunmen who pretended to be from an electric company. Moreover, many of the victims (21) were shot at close range, in broad daylight, in the presence of witnesses, some of whom were also shot dead or wounded, and close to or near military camps. These circumstances clearly show impunity, indicating that the gunmen had no fear of being caught or prevented from carrying out their murderous objective.

The premeditated killings were invariably attended by treachery and other aggravating circumstances as indicated by the number and location of the wounds of the victims, the time and place of the attacks, the superior strength and number of perpetrators,

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and the cruelty, brutality, and brazenness with which they were committed against helpless and unarmed victims.

Finally, impunity is also shown by the fact that the complaints filed against the NDFP contain not only bare, unsubstantiated and sweeping allegations, but also serious flaws, glaring inconsistencies, dubious and sloppy documentation, and contrived or imaginary tales on the alleged identity of the perpetrators from the revolutionary movement.

The obvious intention is to belittle the extrajudicial killings and put the blame on the victims themselves for their own deaths. This is the height of impunity – the blatant display of unconcern for the victims or any desire to render justice to them, and of an arrogant attitude that the GRP and its military, police and paramilitary forces are beyond accountability for their crimes and can even resort to distorting the truth and fabricating stories in order to justify and continue with their killing spree and put the blame on the victims.

This summary is meant to help readers go over the Study with a keen eye to be able to distinguish the truth from lies, the reasonable and credible inferences from the wild accusations and tall tales, in the 23 cases of extrajudicial killings being attributed by GRP officials against the NDFP. The victims’ relatives, neighbors, eyewitnesses, and the people in the area know the truth.

They cannot be deceived by the lies of GRP officials. As Lu Hsun, a great Chinese writer, once said: “lies written in ink cannot erase the truth written in blood.” 

Mar tyrs for the cause of justice and freedom

Elena Mendiola (above left) and Ricardo Balauag (above right) NB. While every effort was exerted to obtain photographs of all the victims, the photos on this and the following page as well as on page 57 were the only ones available.

Mar tyrs for the cause of justice and freedom

clockwise, from top left, Rev. Jemias Tinambacan, Armando Javier, Sotero Llamas and Ricardo “Ding� Uy

The Lies of GRP Officials on Extrajudicial Killings

5.1 Comparative Study of Twenty-Three (23) Cases

Case 1 Profile of Victim Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Aguilar, Juan Jr., 46 yrs. old peasant 25 August 2002; 7:00 p.m.

Brgy. La Union, Castilla, Sorsogon wife and 9 children

Complaint Against GRP

Complaint Against NDFP

Form Number

G-329

S1428

Date Filed

31 March 2005

8 November 2006

Filer

KARAPATAN and EMJP

South Luzon Command (SOLCOM)/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

1. KARAPATAN Sorsogon Factsheet 2. Sworn Statement of victim’s wife, Emelita Aguilar, dated 14 March 2003 3. PNP Sorsogon Certification of Police Blotter dated 6 February 2003 4. Death Certificate of Juan Aguilar dated 26 August 2002 5. Handwritten Affidavit of Brgy.

Captain Joel Zepeda dated 7 November 2002

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

On 28 March 2002, the house of the Aguilars was fired upon by unidentified men. Fearing for his life, Aguilar went to Manila to look for work and stayed there until July, then he went back home. According to his wife, two weeks after his return, military men went to his house and forced him to join a military operation. They also tried to recruit him to join the CAFGU but he refused.

7 NPA-CTs shot to death civilian Aguilar

On 25 August 2002, around 7:00 p.m., gunshots were heard near the La Union Elementary School close to their residence. That night Aguilar did not arrive home and his body was found the following morning with gunshot wounds.

Remarks

The allegation of facts in the above summary corroborates each other on material points and can easily be verified by an impartial investigation.

The allegation is sweeping and unsubstantiated. Apparently, neither an investigation of the incident nor interview of witnesses such as the victim’s wife was conducted by the police. The allegation lacks sufficient data, has no description of incident, specifies no motive, and is speculative on suspects.

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Case 2 Profile of Victim(s) Name: Affiliation/Occupation: Name: Affiliation: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Albarillo, Expedito, 48 yrs. old KASAMA-Mindoro Oriental, Bayan Muna Municipal Coordinator and Brgy. Councilor Albarillo, Manuela, 45 yrs. old Bayan Muna, leader of a local women’s organization 8 April 2002; 6:00 a.m.

Sitio Ibuyi, Brgy. Calsapa, Oriental Mindoro 8 children

Complaint against GRP

Complaint against NDFP

Form Number

G-078

S1064

Date Filed

1 July 2004

8 November 2006

Filer

KARAPATAN-Southern Tagalog

SOLCOM/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Support Documents

KARAPATAN-Mindoro Oriental Factsheet

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Spouses Expedito and Manuela Albarillo were forcibly taken at dawn from their house and summarily executed a few moments later by 8 unidentified armed men despite pleading for their lives. Some of the 8 armed men were in full military uniform while the others wore black clothing with their faces covered by bonnets. They also threatened and prevented the neighbors of the victims from providing aid to the spouses.

8 NPA-CTs shot to death Albarillo spouses. Expedito was a former active CT member and a suspect in the killing of Mayor Aldaba of San Teodoro, Mindoro Oriental.

The victims’ bodies were found a few meters from their house. Expedito bore 9 wounds including 8 from gunshots, 3 of which came from behind. One of his eyes was gouged and his skull broken, while Manuela had 2 gunshot wounds and her neck was shattered.

The relatives of the spouses immediately sought the help of the police who came with a group of soldiers. The soldiers merely surveyed the spent shells. Most were seen scoffing at the victims.

A month prior to the incident, Expedito was summoned by the military to report to their camp purportedly to clear his name. He was also required to submit his picture. At the time, a soldier was overheard boasting that those in their order of battle would be killed – referring specifically to Expedito – if they cannot be suppressed.

The Lies of GRP Officials on Extrajudicial Killings

Remarks

Complaint against GRP

Complaint against NDFP

The summary of incident contains sufficient information that can be used as starting point for conducting an impartial investigation into the incident and help verify the allegation.

This self-contradictory allegation is sweeping and unsubstantiated.

It jumps from accusing Expedito of alleged membership in the revolutionary movement and alleged involvement in the killing of a mayor, to concluding that Espedito and Manuela were killed by the revolutionary movement! It fails to take into account the fact that the two were active members of legal democratic organizations vilified by the AFP as fronts of the CPP-NPA. Apparently, neither an investigation of the incident nor interview of witnesses, including the children and neighbors of the victims, was conducted by the police. The allegation lacks sufficient data, has no description of incident, specifies no motive, and is speculative on suspects.

Note: The couple’s youngest daughter, aged 8 years old, vividly witnessed the forcible abduction of her parents and heard the subsequent gunshots.

Note: Two complaint forms were filed for a single incident.

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Case 3 Profile of Victim Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Arcilla, Rommel, 40 yrs. old former Bayan member 20 November 2005; 7:00 a.m Brgy. Mabical, Floridablanca, Pampanga wife and 2 children

Complaint against GRP

Complaint against NDFP

Form Number

G-849

S892

Date Filed

18 August 2006

8 November 2006

Filer

KARAPATAN-Central Luzon

Northern Luzon Command (NOLCOM)/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

KARAPATAN-Central Luzon Factsheet

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Arcilla, an employee of an electric cooperative, together with his wife and 2 children were on board their owner-type jeep, when they were cut-off by 2 unidentified men riding a motorcycle backed up by a jeep. One of the men shot Arcilla who suffered 7 gunshot wounds in different parts of his body leading to his death.

2 NPA-CTs shot to death Arcilla due to misunderstanding regarding financial matters. Arcilla was labeled as the head of the provincial finance/ logistic department of the Pampanga PCOM.

According to his wife, Arcilla was included in the list of the Order of Battle of then Maj. Jovito Palparan when he was assigned in Central Luzon in the late 80’s.

Remarks

The summary of incident contains sufficient information that can be used as starting point for conducting an impartial investigation into the incident and help verify the allegation.

Note: At the time of the incident, Palparan, already a Maj. Gen., was the head of the army’s regional 7th ID operating in Central Luzon.

The allegation of motive and Arcilla’s alleged position in the CPP is unsubstantiated. Apparently, neither an investigation of the incident nor an interview of witnesses such as the victim’s wife was conducted by the police. The allegation lacks sufficient data, has no description of incident, and is speculative on motive and suspects.

Allegation(s) of GRP officials As reported in Phil. Star and Business World, 15 September 2006, AFP CoS General Hermogenes Esperon, in his testimony before the Melo Commission on 14 September 2006, said that: Arcilla was the finance officer of the CPP Pampanga Party Committee. He was a victim of “internal purging by the NPA to cleanse their ranks of counterrevolutionaries and spies”.

Remarks: Arcilla used to be a member of Bayan, not of the CPP. At the time of the incident, he was not even a member of Bayan. Moreover, it is a known fact that since its educational rectification campaign in 1992, the CPP-NPA has condemned as a crime against the people the so-called anti-deep penetration agents (DPA) campaigns conducted by specific individuals who were then with the revolutionary movement but are now with the GRP. Such tragic lessons have taught the revolutionary movement well as can be seen in its persistence in working for the signing and approval of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL).

The Lies of GRP Officials on Extrajudicial Killings

Case 4 Profile of Victim Name: Affiliation/Occupation:

Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Arinque, Nestor, 39 yrs. old Chairman-HUMABI-HUMABOL –KMP; former church council chairman of the UCCP. 7 March 2006; 12:00 n.n.

Provincial Rd., Purok 1, Abaca, Mabini, Bohol wife & 5 children

Complaint against GRP

Complaint against NDFP

Form Number

G-602

S231

Date Filed

10 April 2006

8 November 2006

Filer

EMJP

Central Command (CENTCOM)/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

1. Urgent Action dated 14 March 2006 2. AHRC Urgent Action dated 22 March 2006 3. KARAPATAN Bohol Investigative Mission report dated 15 March 2006 with the following annexes: a. Affidavit of wife, Josefina Arinque, dated 20 March 2006; b. Factsheet dated 10 March 2006; c. KARAPATAN Bohol Press Statement dated 13 March 2006; d. Death Certificate of Arinque dated 23 March 2006; e. pictures of Arinque f. news clippings; and g. email FFM report dated 15 March 2006

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Arinque was gunned down by 3 unidentified motorcycle-riding men (the driver was wearing a bonnet) while he was bringing home someone on board his motorcycle. Aringue suffered 11 gunshot wounds all over his body from a .45 caliber pistol.

Arinque, a communist terrorist member was shot to death by the CTs.

Immediately before he was shot, Arinque was waiting for his wife at a store whose owner was with a CAFGU member at that time.

According to his wife, he was visited a few days before the incident by 15th IB soldiers and CAFGU members in his house. She also said that her husband was accused by the military as a “kumander sa legal” (commander in the legal) to implicate him as an NPA. He was also invited to their detachment for interrogation but he firmly refused. f a CAFGU who was allegedly killed by the NPA on the same day that Arinque was shot.

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Complaint against GRP

Complaint against NDFP

There were also times when Arinque debated with the military on his activities, principles, and involvement with peasant causes.

These apparently provoked the military to include Arinque in their Order of Battle. Arinque was reportedly one of 3 leaders, the other 2 being Rev. Dodo Valiente of the United Church of Christ in the Philippines and HUMABOL Chairman Willy Boybanting, who were threatened by the relatives o Remarks

The summary of incident contains sufficient information that can be used as starting point for conducting an impartial investigation into the incident and help verify the allegation.

This self-contradictory allegation is sweeping and unsubstantiated.

Apparently, neither an investigation of the incident nor interview of witnesses such as the victim’s wife and Arinque’s companion at the time of the shooting was conducted by the police. The allegation lacks sufficient data, has no description of incident, specifies no motive, and is speculative on suspects.

Allegation(s) of GRP officials As reported in Phil. Star and Business World, 15 September 2006, AFP CoS General Hermogenes Esperon in his testimony before the Melo Commission on 14 September 2006, said that: Arinque was a member of front 4 Central Visayas Regional Party Committee. He was a victim of “internal purging by the NPA to cleanse their ranks of counterrevolutionaries and spies”.

Remarks: Arinque was an active lay leader of the United Church of Christ of the Philippines (UCCP) and chairman of a peasant organization affiliated with KMP which the AFP calls a so-called front of the CPP without proof and substantiation. Without providing proof, Esperon jumps from accusing a lay religious leader of being a member of Front 4 of the Central Visayas Regional Party Committee to being a victim of so-called internal purging! He completely disregards the harassments done by the military against Arinque.

Only the AFP has the motive, the means and the impunity to kill Arinque for his activism.

The Lies of GRP Officials on Extrajudicial Killings

Case 5 Profile of Victim Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heir:

Atento, Ernesto, 52 yrs. old Brgy. Captain 26 February 2003; 1:30 p.m.

Sitio Pulot Taysan, Legaspi City, Albay wife

Complaint against GRP

Complaint Against NDFP

Form Number

G-592

S1368

Date Filed

10 April 2006

8 November 2006

Filer

KARAPATAN Albay

SOLCOM/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

1. Factsheet dated 12 March 2003 2. PNP Legaspi City Certification of Police Blotter dated 11 March 2003.

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Atento was inside his house with his wife and 2 nephews when 2 unidentified armed men on board a motorcycle without a plate number arrived. One of the men had his face covered while the other wore a helmet.

Atento was summarily executed by 3 NPA CTs.

The 2 men, posing as agents of a private company, suddenly shot the victim with a .45 caliber in front of his wife and nephews while he was reading a paper given by the assailants.

A few days earlier, Atento disclosed to a member of the PNP Legaspi that the military was picking on him. He was advised to go to a military camp to clear his name.

Two days before the incident, the victim’s house was under surveillance by unidentified motorcycle-riding men, one of whom was helmeted.

The day before he was shot, members of Kusog Kontra Komunismo (KKK or Fight Against Communism) held a rally in Albay and one of the speakers tagged Atento as an NPA supporter. His sister said he received a death threat which could have come from the military. The threat came after the deaths of a military and CAFGU in the barangay in an encounter with the NPA.

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Remarks

Complaint against GRP

Complaint Against NDFP

The summary of incident contains sufficient information that can be used as starting point for conducting an impartial investigation into the incident and help verify the allegation.

This is a sweeping and unsubstantiated allegation.

Apparently, neither an investigation of the incident nor interview of witnesses such as the victim’s wife, sister and nephews was conducted by the police. The allegation lacks sufficient data, has no description of the incident, and is speculative on motive and suspects.

Allegation(s) of GRP officials As reported in Phil. Star on 15 September 2006, AFP CoS General Hermogenes Esperon in his testimony before the Melo Commission on 14 September 2006, said that: Atento was a victim of “internal purging by the NPA to cleanse their ranks of counterrevolutionaries and spies”.

Remarks: Atento was an elected barangay official of the GRP. He was not an NPA fighter. Without providing any proof, Esperon jumps from accusing a GRP elected barangay official of being an NPA to being a victim of an alleged internal purging! Apparently, Esperon is more interested in “solving a case” and making propaganda than in seeking the truth in the death of Atento who had been publicly accused by an anticommunist group of being an NPA supporter.

T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 2 5

Case 6 Profile of Victims Name: Affiliation/Occupation: Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Balauag, Ricardo, 61 yrs. old BAYAN Muna Municipal Coordinator, Echague Mendiola, Elena, 54 yrs. old Bayan Muna Regional Coordinator, Isabela Chapter 10 May 2006; 8:30 p.m.

Garet Sur, Echague, Isabela 3 children

Complaint against GRP

Complaint against NDFP

Form Number

G-885

S1578

Date Filed

25 September 2006

23 January 2007

Filer

KARAPATAN

Police Chief Inspector Vicente D. Valdez Jr., Chief of Police, Echague Police Station

Supporting Documents

Urgent Action dated 13 May 2006

1. Criminal Complaint for Double Murder against Busania and Corpuz dated 25 May 2006 2. Sworn Statement of Bayani Villanueva dated 25 May 2006.

3. Supplementary Statement of Villanueva dated 1 June 2006 4. Affidavit of John Elep dated 13 June 2006.

5. Death Certificate of Mendiola dated 11 May 2006.

6. Death Certificate of Balauag dated 11 May 2006.

7. Necropsy Report of Elena Mendiola dated 11 May 2006 8. Necropsy Report of Ricardo Balauag dated 11 May 2006 9. Request for Crime Laboratory (Ballistic) Examination dated 15 May 2006

Summary of Incident/Allegation in Complaint Form

Balauag and Mendiola were shot to death one after the other by 2 armed men wearing bonnets and long-sleeved shirts as they were about to leave the house of their farmer friends. Mendiola’s two grandchildren were inside a car parked outside the house when the incident happened. There was a brownout at the time.

Victims were shot several times by 2 unidentified men wearing full face bonnets and black sweatshirts who suddenly emerged from the darkness armed with M-16 and M-14 rifles.

One of the farmer friends immediately called up Mendiola’s daughter who went to the police to ask for help but it was only at 12:00 midnight when the police arrived.

Mendiola sustained 14 gunshot wounds in different parts of her body and Balauag sustained 2 gunshot wounds on his right side.

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Complaint against GRP

Complaint against NDFP

Two months before the incident, 2 motorcycle-riding men reportedly shot at Mendiola 3 times with a .45 caliber pistol while she was in front of her house.

Remarks

The summary of incident contains sufficient information that can be used as starting point for conducting an impartial investigation into the incident and help verify the allegation.

In their investigation, the police failed to get the important testimonies of the victims’ companions at the time of incident. Instead, they relied on two so-called voluntary witnesses who came forward much later and whose testimonies contain glaring material discrepancies.

One witness, Villanueva, said in his first statement that the gunmen were unidentified. This was filed together with the criminal complaint naming Busania and Corpuz as the accused.

However, in a second statement he contradicted himself and claimed that, though there was a brownout in the place, he saw the gunmen’s faces as they removed their bonnets while fleeing from the scene. He identified them as Busania and Corpuz whom he claimed he had met before. He also claimed to have been told by Balauag of threats by Busania and Corpuz against him and Mendiola for alleged malversation of funds. This hearsay testimony had been allowed to stand.

On the other hand, the other witness, Elep, came forward much later with uncorroborated claims against the victims!

Allegation(s) of GRP officials According to PNP News Release of 31 May 2006, PNP Regional Office Director C/Supt. Jefferson Soriano said that suspects Renato Busania and Timoteo Corpus of the Southern Isabela Front of the CPP/NPA Cagayan Valley Regional Committee were charged before the Provincial Prosecutor in Isabela for the death of Balauag and Mendiola. The motive is the reported “malversation and mishandling of committee funds” The couple was also accused of “anomalous transactions such as the collection of huge amounts from peasant farmers” which they failed to justify.

Remarks: The PNP news release was apparently based on the criminal complaint filed by TF Usig without the testimonies of the actual witnesses to the incident.

The Lies of GRP Officials on Extrajudicial Killings

Case 7 Profile of Victim Name: Affiliation/Occupation:

Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heir:

Castillo, Madonna, 32 yrs. old Anakpawis-Isabela Secretary General, Danggayan Dagiti Mannalon Iti Isabela– KMP-Isabela Chapter 20 July 2006; on or about 8:00 a.m. in front of Isabela State University, Echague, Isabela.

4 year old son

Complaint against GRP

Complaint against NDFP

Form Number

G-875

S1577

Date Filed

2 October 2006

23 January 2007

Filer

KARAPATAN

Police Chief Inspector Vicente D. Valdez Jr., Chief of Police, Echague Police Station

Supporting Documents

News article of Pesante-USA dated 20 July 2006

1. Criminal Complaint for murder against Armando Inong aka Justin/ Rio dated 22 August 2006 2. Sworn statement of Maricris Valdez dated 20 July 2006 3. Supplemental statement of Maricris Valdez dated 22 August 2006 4. Joint Affidavit of SPO1 Mario Discipulo & SPO1 Florencio Cadauan dated 22 August 2006.

5. Request for Laboratory Examination dated 20 July 2006.

6. Cartographic sketch of unidentified suspect given by Maricris Valdez and Maribel Nartates.

Summary of Incident/Allegation in Complaint Form

Castillo was shot several times in front of the Isabela State University in the presence of her 4 year old son and of her female companion. She was rushed to the hospital where she died 6:30 p.m. of the same day (nearly 12 hours after the incident) due to 3 gunshot wounds. Before she died in the hospital, Castillo was able to identify her assailants to the media who taped her statement that those who shot her were “from the 502nd Infantry Brigade of the Philippine Army”.

“On or about 7:00 in the morning of July 20, 2006, while the victim, together with her classmate Maricris Valdez y Vervo, was in front of Gabuat Cellphone Center, ISU Junction, San Fabian, Echague, Isabela and about to cross the road, she was shot several times with the used (sic) of .45 caliber pistol by the backrider of two (2) unidentified male persons riding in tandem in a Honda XRM color black motorcycle without plate number that cause (sic) her instantaneous death.”

The victim was vocal in the condemnation of the military for human rights abuses, graft and other excesses. She publicly criticized the military for the killing of activists, particularly of Elena Mendiola, her predecessor as one of the women leaders of the progressive party list groups.

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Remarks

Complaint against GRP

Complaint against NDFP

The news report mentions the death bed declaration of the victim before she succumbed from her wounds, identifying her assailants before media practitioners who got her statement on tape. This can easily be verified by an impartial investigation of the incident.

The complaint has no allegation of motive and is speculative on suspect/s. On the basis of an alleged cartographic sketch from the testimonies of two witnesses – with the main witness Valdez initially claiming that she could not identify the suspect/s – the police had filed charges against an alleged NPA member who is in the AFP’s Order of Battle.

Without taking into account the death bed declaration of the victim that her assailants were members of the 502nd Infantry Brigade of the Philippine Army, the police had closed the investigation.

In this regard, the fact that Castillo was a leading activist in one of the progressive party lists groups vilified by the military as a front of the CPP-NPA should have been taken into account in the investigation.

Allegation(s) of GRP officials As reported in Malaya on 21 September 2006, Task Force Usig Commander PNP Deputy Director Gen. Avelino Razon Jr. said that Armando Inong and another person were charged on 14 August 2006 for the death of Castillo. Investigation is considered closed.

Remarks: Like Gen. Esperon, PNP Gen. Razon made the incredible conclusion that a leader of a progressive party list group had been shot allegedly by the NPA for unknown reasons. Apparently, Razon’s Task Force Usig did not pursue the lead provided by the victim herself on the identities of her assailants.

The Lies of GRP Officials on Extrajudicial Killings

Case 8 Profile of Victim Name: Affiliation/Occupation:

Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Dimaano, Eddie, 47 yrs. old BAYAN Muna Pamplona Chapter Coordinator, Hacienda Paje Farmers Association-KMP 20 May 2005; on or about 7:00 p.m.

Zone 6, Tambo, Pamplona, Camarines Sur wife and 8 children

Complaint against GRP

Complaint against NDFP

Form Number

G-528

S1624

Date Filed

8 February 2006

23 January 2007

Filer

EMJP Bicol

PI Danilo C. Bagacina-OIC Sagmay Municipal Police Station, Sagmay, Camarines Sur.

Supporting Documents

KARAPATAN Camarines Sur Fact Sheet

1. Certification of Police Blotter dated 21 October 2006 2. Memorandum on Police Investigation Report dated 24 May 2005 3. Criminal Complaint for Murder against Salvador Bulalacao dated 11 September 2006 4. Affidavit of Fernando Renosa dated 12 September 2006

Summary of Incident/Allegation in Complaint Form

Dimaano was shot and killed by 4 unidentified men wearing bonnets, black pants and armed with M-16 rifles after they forcibly entered his house. Dimaano’s wife who was in the house at that time but managed to hide immediately reported the incident to barangay officials who informed the police. The victim bore 4 gunshot wounds. Seven empty shells were recovered from the scene of the crime.

“On or about 8:30 pm, 20 May 2005, team lead by SPO2 Manuel Orjalo Medina PNP member this station responded on a reported shooting incident that occurred at Zone 5, Barangay Tambo, this Municipality and upon returning they reported that the person of one Leonides Dimaano y Novelo, 47 years old, married, resident of same place had been shot. Victim suffered multiple gunshot wounds to the different parts of his body and seven (7) empty shells of Cal M16 rifle were recovered at the crime scene by responding policemen of this station.

Suspects were unidentified and fled afterwards to unknown direction.”

One hour after the police arrived, at around 10:00 p.m., it was reported that 4 unidentified men wearing bonnets and bearing long firearms were seen running from the vicinity of Dimaano’s house. One of them was heard shouting, “ang nakita ay nakita na lang (just keep to yourselves what you have seen)”.

For two consecutive nights before the incident, it was observed that dogs kept barking during the night, and the following morning, shoe marks were seen 10 meters from Dimaano’s house.

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Complaint against GRP

Complaint against NDFP

Six months before the incident, Dimaano’s house was surrounded and he was harassed by military men and CAFGUs including one who was in the employ of the landlord that Dimaano’s peasant organization was engaged with in a land dispute. The peasant organization has likewise experienced series of harassments from the military and CAFGU. Dimaano was labeled by the military as an NPA supporter.

Remarks

The summary of incident contains sufficient information that can be used as starting point for conducting an impartial investigation into the incident and help verify the allegation.

The entire case of the AFP is based on the testimony of an alleged witness who came forward a year and four months after the incident.

The witness, Renosa, claimed that he met three people coming from the scene of the incident who purportedly volunteered to tell him that they were alleged members of the NPA under a certain Salvador Bulalacao who ordered them to kill Dimaano for alleged offenses against the people.

The alleged witness issued his statement a day after the case was filed before a GRP court.

Apparently, the testimonies of other witnesses, especially of the victim’s wife, were not taken. Also not taken into account were the incidents of harassment by the military and CAFGU against the victim and his organization.

Allegation(s) of GRP officials As reported in Malaya on 21 September 2006, Task Force Usig’s Gen. Razon Jr. said that communist rebel Salvador Bulalacao and two others were charged before a Bicol Court on 6 September 2006 for the death of Dimaano.

Also, as reported in Manila Times on 4 October 2006 and GMA News TV on 5 October 2006, PNP Chief Gen. Calderon in his letter informing the President submitted a list of cases reportedly solved by Task Force Usig, stating that Dimaano was “murdered by members of the NPA”.

Remarks: Again, like Gen. Esperon, Gen. Calderon of Task Force Usig makes the incredible assertion that a leader of a progressive party list group specifically branded by the military as an NPA supporter, had been shot allegedly by the NPA for alleged offenses against the people. Calderon and his Task Force Usig did not even look into the allegation of land dispute between a certain landlord and Dimaano’s peasant organization nor at the fact that armed men were seen leaving the scene an hour after the police had arrived to investigate the incident.

The Lies of GRP Officials on Extrajudicial Killings

Case 9 Profile of Victim Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Espino, Renato, 35 yrs. old Lakeshore Coordinator and Timekeeper 18 February 2005; 8:30 a.m Lakeshore, Brgy. Nueva Victoria (Brgy. Sebetana), Mexico, Pampanga wife and 3 children

Complaint against GRP

Complaint NDFP

Form Number

G-839

S877

Date Filed

18 August 2006

8 November 2006

Filer

KARAPATAN-Central Luzon

NOLCOM/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

KARAPATAN-Central Luzon Fact sheet

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Espino was repeatedly shot and killed by 4 unidentified men wearing bonnets, armed with M-16 rifles and .45 caliber pistols, and riding a white L-300 van with tinted side windows.

Witnesses reported that Espino fell from his bicycle when he was first shot from behind. He was repeatedly shot afterwards in the body while crawling and finally in the head after 2 of the 4 men alighted from the van. They reportedly also took Espino’s belt bag which contained work-related documents and receipts.

The victim’s body bore 15 gunshot wounds.

“Mr. Renato Espino @ Normer, head, SYP Central Mexico, KLG Southern Pampanga was shot to death, summarily executed by two (2) NPA-CTs in Brgy. Panpuan, Mexico, Pampanga on 18 Feb. 2005.”

According to Espino’s co-workers, around 6:00 a.m. that day, the same white van was seen cruising in their place of work, entering and exiting through the same gate, as if looking for someone. They also reported that prior to the incident, military men have inquired about Espino on at least 2 occasions and have warned them not to cover their faces so that they could recognize them.

Two months earlier, a man purportedly identifying himself to be an NPA, talked with Espino’s family and told them “may mga military na pala dito bakit hindi ninyo sinasabi sa pamunuan ng NPA (why did you not inform the NPA leadership that there are already military men present in the area)”.

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Complaint against GRP

Complaint NDFP

Several days later, the same man was seen in the company of military men during their operations. There was no let-up in this deception and in the reported surveillance conducted by the military men.

Soldiers were seen in prone position at the back of Espino’s house and when asked the reason for their being there, they responded “hinahanap naming ang nakatira ditong NPA (we are looking for the NPA who resides here)”.

Four months before the incident, a military detachment of the Philippine Army’s 69th Infantry Battalion was established in Espino’s barangay. This same detachment was relocated to Espino’s workplace 1 month before the incident.

Remarks

The summary of incident contains sufficient information that can be used as starting point for conducting an impartial investigation into the incident and help verify the allegation.

This self-contradictory allegation is sweeping and unsubstantiated.

Apparently, neither an investigation of the incident nor interview of witnesses such as the workers in the Lakeshore industrial complex was conducted by the police. The allegation lacks sufficient data and is speculative on motive and suspects.

Allegation(s) by GRP officials As reported in Phil. Star and Business World on 15 September 2006, AFP CoS General Hermogenes Esperon, in his testimony before the Melo Commission, on 14 September 2006, said that Espino alias Nomer, was the team leader of the Sandatahang Yunit Pampropaganda Central Mexico, Kilusang Larangang Gerilya Southern Pampanga. He was a victim of “internal purging by the NPA to cleanse their ranks of counterrevolutionaries and spies”.

Remarks: Espino had been an employee for two years of an industrial complex in Pampanga as coordinator and timekeeper. He was not an NPA. As confirmed by his co-workers, he was being stalked by the military, asking for his whereabouts and even pretending to be NPA in visiting his house. Yet, Gen. Esperon chose to jump from accusing an ordinary worker of being an NPA to being a victim of an alleged internal purging.

Moreover, the manner of Espino’s death is contrary to revolutionary principles and tactics and is more in keeping with the brutality of military/police death squads.

The Lies of GRP Officials on Extrajudicial Killings

Case 10 Profile of Victim Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident Surviving Heirs:

Furog, Eugenio, 42 yrs. old Public Relations Officer, Talibon Trinidad Integrated Farmers Association, Brgy. Chapter of HIMAMATHUMABOL-KMP 13 June 2004; on or about 8:00 p.m.

San Roque, Talibon, Bohol wife and 2 children

Complaint against GRP

Complaint against NDFP

Form Number

G-188

S37/N-037

Date Filed

6 October 2004

10 January 2006

Filer

KARAPATAN

PCI Jacinto Cezar, Bohol PPO

Supporting Documents

1. KARAPATAN Central Visayas Factsheet 2. Affidavit of wife Eufemia Furog dated June 2004 3. Affidavit of TITFA-HIMAMATHUMABOL President Patrocinio Fuentes dated June 2004

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Within the same day and approximately 11 hours after Furog and a male companion left the former’s house, news about his dead body being found reached Furog’s wife. His body bore 4 gunshot wounds.

“Victim suspected of being a police/ military informant was gunned down by members of the NPA liquidation squad operating in the area.”

According to the male companion, around 5:00 a.m. of the following day, when he was on his way to the funeral parlor, the PNP Talibon chief intelligence officer stopped him and told him, among other things “ayaw nalang mo pangita og kinsa kay mga military ang nagpatay ni Eugenio (don’t inquire as to who killed Eugenio because it is the military who killed him)”.

Remarks

The summary of incident contains a significant lead that can be pursued to determine the truth about Furog’s death. A witness can attest to being told in a veiled threat of the identity of the perpetrators.

This is a sweeping and unsubstantiated allegation.

Apparently, neither an investigation of the incident nor interview of witnesses such as the victim’s companion and his wife was conducted by the police. The allegation lacks sufficient data, has no description of incident, and is speculative on motive and suspects.

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Case 11 Profile of Victim Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Gatdula, Francisco, 55 yrs. old Municipal Councilor, ANAKPAWIS Partylist supporter 24 December 2004; 8:00-9:00 p.m.

Brgy. Poblacion 1, Sta. Cruz, Mindoro Occidental wife and 7 children

Complaint against GRP

Complaint against NDFP

Form Number

G- 870

S358

Date Filed

2 October 2006

8 Nov 2006

Filer

KARAPATAN

SOLCOM/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

1. Urgent Action dated 6 January 2005 2. Bayan Muna Press Release dated 31 December 2004

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Gatdula was shot and killed by 3 unidentified motorcycle-riding men on his way to church to attend mass. His body bore 3 gunshot wounds.

“Shot to death/summarily executed”

Before his death, Gatdula, a district councilor, has initiated and led the opposition on the recruitment of CAFGUs in their province. He was a human rights advocate who, three months before the incident, helped a torture victim and his family leave the area.

According to the municipal mayor, Gatdula was the 5th victim of killings by unidentified men in the year 2004. He said that the “series of killings (in the municipality) is the desperate act of those who seek to silence activism for the people”.

Remarks

The summary of incident contains sufficient information that can be used as starting point for conducting an impartial investigation into the incident and help verify the allegation.

This is a sweeping and unsubstantiated allegation. It does not even say who allegedly shot the victim. Apparently, neither an investigation of the incident nor interview of witnesses such as churchgoers was conducted by the police. The complaint lacks sufficient data, has no description of incident, and specifies no motive and suspects.

Allegation(s) of GRP officials As reported in Phil. Star and Business World, 15 September 2006, AFP CoS General Hermogenes Esperon, in his testimony before the Melo Commission, on 14 September 2006, said that Gatdula, a Sangguniang Bayan member was a victim of “internal purging by the NPA to cleanse their ranks of counterrevolutionaries and spies”.

T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 3 5

Remarks: Gatdula was an elected GRP municipal official. He was neither a member of the NPA nor of the revolutionary movement. But he was known to be a human rights advocate, having at one time helped a torture victim and his family in escaping from the military in his area. Without providing proof, Gen. Esperon jumps from accusing an elected GRP municipal official of being an NPA to being a victim of an alleged internal purging!

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Case 12 Profile of Victims Name: Affiliation/Occupation: Surviving Heir: Name: Affiliation/Occupation: Surviving Heir: Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI):

Gomez, Victorina, 63 yrs. old Bayan Muna member and Brgy. Captain Information not available Atienza, Romeo, 45 yrs. old Brgy. Councilor wife Macabili, Rey, 43 yrs. old (survived) Brgy. Councilor 15 December 2005 Brgy. Parian, Mexico, Pampanga

Complaint against GRP

Complaint against NDFP

Form Number

G-566

S896

Date Filed

10 April 2006

8 November 2006

Filer

EMJP

NOLCOM/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

Bulatlat news report dated 18-24 December 2005

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Gomez and her 2 male companions were shot by 3 unidentified motorcycle-riding men wearing ski masks and armed with high-powered rifles. Gomez and one of her male companions were killed instantly while the other was brought to the hospital in critical condition.

Brgy. Chairwoman Victorina Gomez and Kagawad Romeo Atienza while on their way back bome from pulongpulong conducted by the SOT was shot to death, summarily executed by two (2) NPA-CTs.

All 3, who were barangay officials, just came from a dialogue with soldiers of the 69th Infantry Battalion of the Philippine Army where they asked the latter to vacate the multipurpose hall which they converted into a military detachment.

Form Number

S1525

Date Filed

20 December 2006

Filer

PCI Bernardo M. Perez, Chief of Police, Mexico PS, Pampanga, PRO3

Supporting Documents

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

“Victims had just attended pulungpulong organized by the 69IB 7ID PA held at Mexico gymnasium at about 5:10 p.m. on December 16, 2005 and while heading to the residence of Brgy Captain Victorina M. Gomez, they were peppered with bullets by the suspect. Victims Brgy. Capt.

Victorina M. Gomez and Brgy. Kgd. Romeo T. Atienza were pronounced DOA at Jose de Lingad Mem. Hosp.

City of San Fernando while Kgd. Reynaldo Macabali sustain (sic) GSW on the shoulder�

The Lies of GRP Officials on Extrajudicial Killings

Complaint against GRP

Complaint against NDFP (A profile of Victorina Gomez, Romeo Atienza and Renato Macabili was attached to the complaint form.)

Form Number

S1613

Date Filed

23 January 2007

Filer

PCI Bernardo M. Perez, Chief of Police, Mexico PS, Pampanga, PRO3

Supporting Documents

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

“Victims had just attended pulungpulong organized by the 69IB 7ID PA held at Mexico gymnasium at about 5:10 p.m. on December 16, 2005 and while heading to the residence of Brgy Captain Victorina M.Gomez, they were peppered with bullets by the suspect. Victims Brgy. Capt.

Victorina M. Gomez and Brgy. Kgd. Romeo T. Atienza were pronounced DOA at Jose de Lingad Mem. Hosp.

City of San Fernando while Kgd. Reynaldo Macabali sustain (sic) GSW on the shoulder” (A profile of Victorina Gomez, Romeo Atienza and Renato Macabili was attached to the complaint form.)

Remarks

The news item contains information that can be used as starting point for conducting an impartial investigation into the incident and help verify its allegation.

This is a sweeping and unsubstantiated allegation.

Apparently, neither an investigation of the incident nor interview of witnesses such as the survivor victim was conducted by the police. The complaint lacks sufficient data, has no allegation of motive, and is speculative on suspects.

Note: Three complaint forms were submitted for a single incident on three separate occasions.

Allegation(s) of GRP officials As reported in Malaya, 21 September 2006, Task Force Usig’s Gen Razon Jr. said that the case of Victorina Gomez is considered closed with a case filed against Wilfredo Yumol aka Wilfredo Layug last 1 August 2006.

Remarks: The incident happened during the reign of terror of Gen. Palparan in Central Luzon when barangay schools and multi-purpose halls were being forcibly converted into army detachments. Palperan’s reign of terror was being opposed actively by duly elected municipal and barangay officials. In this instance, the victims who were members of Bayan Muna and barangay officials, had just come from a meeting with the army to ask that it vacate the multipurpose hall that was being used as a detachment, when they were ambushed near said detachment in broad daylight by masked men using high-powered rifles. Clearly, only Gen. Palparan and his minions have the motive, means, opportunity and impunity to perpetrate the killings.

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Case 13 Profile of Victim Name: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heir:

Guevarra, Arnel Cudia Sr., 42 yrs. old 21 July 2006; 10:30-11:00 p.m.

Brgy. San Jose, Malino, Mexico, Pampanga wife and children

Complaint against GRP

Complaint against NDFP

Form Number

G-869

S1524

Date Filed

2 October 2006

20 December 2006

Filer

KARAPATAN

SPO1 Renato Sese, Investigator, Mexico PS, Pampanga PPO, PRO3

Supporting Documents

1. KARAPATAN Central Luzon Factsheet 2. Affidavit of victim’s father, Oscar Guevarra dated 23 July 2006 3. Affidavit of victim’s son, Michael Guevarra dated 23 July 2006 4. Death Certificate of Arnel Guevarra dated 25 July 2006 5. Brgy. Clearance of Arnel Guevarra dated 10 March 2006

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Guevarra Sr. was shot and killed by an unidentified gunman wearing bonnet, black pants and armed with a baby armalite after he forcibly entered the victim’s house.

According to the victim’s son, the gunman who was looking for a certain “Marlon”, did not believe Guevarra Sr.’s claim that he was not “Marlon”, and instead replied “nagsisinungaling ka pa (you are even denying it)”.

Victim was shot to death at close range by the suspect who barge (sic) in his residence at P-4, San Jose Malino, Mexico, Pampanga. Victim sustained multiple GSW on the body and head from M-16 rifle w/c caused his instant death.

The victim’s son reported that when he ran after the gunman, he found out that the latter was accompanied by 4 uniformed military men bearing long firearms who were all outside their house.

Guevarra Sr.’s father who lived nearby reported that less than an hour before the incident, a military man known to him as Leodegardo Layug Jr. @ Bong, forcibly entered their house and searched the rooms looking for him. He was able to hide and it was his wife who faced Bong.

(A profile of Arnel Guevarra was attached to the complaint form.)

The Lies of GRP Officials on Extrajudicial Killings

Complaint against GRP

Complaint against NDFP

Unable to locate him, Bong ran to the neighboring house of Guevarra Sr. while shouting the name “Marlon”.

Two shots were heard from that house and afterwards, the victim’s dead body was seen sprawled on the floor.

It was reported by Guevarra Sr.’s father that before the incident, military men wearing civilian clothes and bearing long firearms visited him 5 times forcing him to join them. The military men stayed in the barangay for 1 year.

Form Number

S1612

Date Filed

23 January 2007

Filer

Renato Sese, Investigator, Mexico PS, Pampanga PPO, PRO3

Supporting Documents

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Victim was shot to death at close range by the suspect who barge (sic) in his residence at P-4, San Jose Malino, Mexico, Pampanga. Victim sustained multiple GSW on the body and head from M-16 rifle w/c caused his instant death.

(A profile of Arnel Guevarra was attached to the complaint form.)

Remarks

The summary of incident contains sufficient information that can be used as starting point for conducting an impartial investigation into the incident and help verify the allegation.

The sweeping and unsubstantiated allegations in the two complaint forms do not name any suspect nor attribute any motive for the killing.

Apparently, neither an investigation of the incident nor interview of witnesses such as the victim’s father and son was conducted by the police.

The allegation lacks sufficient data, has no allegation as to motive, and is speculative on suspects.

Note 1: Two complaint forms were filed by the same police officer, covering the same victim and incident.

Note 2: The incident happened during the reign of terror of Gen. Palparan in Central Luzon when military death squads were killing people with impunity.

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Case 14 Profile of Victim Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heir:

Javier, Armando, 36 yrs. old Anakpawis Partylist Municipal Coordinator/ peasant 2 October 2005; 9:45 p.m.

Brgy. Sta. Clara, Cuyapo, Nueva Ecija wife and 1 child

Complaint against GRP

Complaint against NDFP

Form Number

G-507

S886

Date Filed

17 January 2006

8 November 2006

Filer

EMJP

NOLCOM/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

KARAPATAN Central Luzon Factsheet

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Javier was shot and killed by unidentified armed men bearing long firearms in the presence of his wife while inside their house. According to the victim’s wife, the bullets which were first fired from outside their house, pierced through the bamboomatted walls and hit Javier. When she was lying face-down on the floor, she saw that armed men entered their house and continued shooting her husband. Javier’s body bore 9 gunshot wounds. Seventeen empty bullet shells were gathered from inside and outside the house.

“Shot to death/summarily executed by 15 NPA-CTs”

Remarks

The summary of incident contains sufficient information that can be used as starting point for conducting an impartial investigation into the incident and help verify the allegation.

This is a sweeping and unsubstantiated allegation. It does not name the perpetrators nor specify any motive for the shooting.

Apparently, neither an investigation of the incident nor interview of witnesses such as the victim’s wife was conducted by the police. The allegation lacks sufficient data, has no description of incident, and specifies no motive and suspects.

It does not also take into account the victim’s membership in an organization vilified by the AFP as a CPP-NPA front.

Note: The incident happened during the reign of terror of Gen. Palparan in Central Luzon when military death squads were killing people with brazen impunity and residents of Nueva Ecija were being forced to eat residence certificates when these were not valid.

The Lies of GRP Officials on Extrajudicial Killings

Case 15 Profile of Victim Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Lacsa, Luis, 41 yrs. old Farmer 23 February 2002; 10:00 p.m.

Sitio Gabod, Taromata, Bulan, Sorsogon wife and 5 children

Complaint against GRP

Complaint against NDFP

Form Number

G-330

S1083

Date Filed

31 March 2005

8 November 2006

Filer

KARAPATAN-Sorsogon

SOLCOM/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

1. KARAPATAN Sorsogon Factsheet dated 1 March 2002 2. Necropsy Report dated 24 February 2002 3. Excerpt from the Police Blotter dated 30 January 2003 4. Death Certificate of Lacsa dated 26 February 2002

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Lacsa was roused from his sleep and dragged outside his house by unidentified armed men wearing black bonnets and camouflage uniforms.

“Shot to death/summarily executed Luis Rosalia by 5 NPA/Communist Terrorists”

His 5 children were asleep but Lacsa’s eldest daughter was awakened. She embraced her father and refused to let go but was threatened by the armed men that she will be shot if she did not go back inside the house. After several minutes, gunshots were heard from outside the house. Overcome with fear, they did not dare go out to check what was happening outside and to look for Lacsa.

According to Lacsa’s wife, before Lacsa was roused from sleep, the armed men whom she believed to be military men, kicked their door and wall, pulled her outside, threatened her not to make any sound and entered their house.

They told her to call them “kasama (comrade)”.

Her mother and brother who stayed in a neighboring house were also told to get out of their house. The armed men pointed their guns at them. The mother shook in fear because the nozzle of the armalite was pointed to her mouth.

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Complaint against GRP

Complaint against NDFP

The following morning, the dead body of Lacsa which bore 6 gunshot wounds, broken jaw and teeth, and bruises in different parts, was found approximately 100 meters from their house Remarks

The summary of incident contains sufficient information that can be used as starting point for conducting an impartial investigation into the incident and help verify the allegation.

This is a sweeping and unsubstantiated allegation. It does not even name any perpetrators nor specify any motive. Apparently, neither an investigation of the incident nor interview of eyewitnesses such as the victim’s wife, daughter, mother and brother, was conducted by the police. The allegation lacks sufficient data, has no description of incident, and specifies no motive and suspects.

The Lies of GRP Officials on Extrajudicial Killings

Case 16 Profile of Victims Name: Affiliation/Occupation:

Surviving Heir: Name: Affiliation/Occupation: Surviving Heir: Date and Time of Incident (DOI): Place of Incident (POI):

Llamas, Sotero, 55 yrs. old Consultant, NDFP Negotiating Panel and Member BAYAN MUNA, small businessman wife Marciano Bitara Jr. (survived) Driver Information not available 29 May 2006; 8:30 a.m.

Brgy. Fatima, Tabaco City, Albay

Complaint against GRP

Complaint against NDFP

Form Number

G-872

S489

Date Filed

2 October 2006

8 November 2006

Filer

KARAPATAN

SOLCOM/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

KARAPATAN Albay Factsheet

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Llamas and a male companion were shot by 2 unidentified motorcycleriding men who were with 2 others riding another motorcycle. Llamas was killed and his companion wounded. They were on board their vehicle and were on their way home.

“NPA-Communist Terrorists shot to death Sotero Llamas, former CPP Central Committee and Secretary of the Bicol Regional Party Committee in Brgy. Tagas, Tabaco City, Albay. He was expelled from the Party in 2004 due to malversation of Party funds.”

Llamas’ wife said that 9 days before the incident, a male ISAFP agent known to her husband visited them at home. She heard Llamas tell the agent “Pabayaan ninyo na ako.

Pamilya na lamang ang iniisip ko.

(Just leave me alone. It is just my family that I am concerned with)”.

Form Number

S1631

Date Filed

23 January 2007

Filer

Marciano Bitara Jr.

Supporting Documents

1. Spot Report 2. Transmittal letter of records of investigation for violation of murder to the Office of the City Prosecutor, Tabaco, Albay dated 4 July 2006 3. Sworn Statement of Edison Belarmino dated 4 June 2006 4. Supplemental Statement of Marciano Bitara Jr. dated 6 June 2006 5. Sworn Statement of victim’s wife, Concepcion Hidea Llamas dated 29 May 2006.

6. Supplemental Statement of Concepcion Hidea Llamas dated 31 May 2006

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Complaint against GRP

Complaint against NDFP 7. Death Certificate of Sotero Llamas dated 31 May 2006 8. Photocopy of picture 9. Firearms Identification report dated 5 June 2006 10. Medical Certificate of Marciano Bitara Jr. dated 31 May 2006 11. Memorandum of Request for Spent Shell Examination and Cross Matching dated 29 May 2006 12. Evidence Recovery Log Tabaco City Police Station dated 29 May 2006 13. Diagram Sketch of Spent Shell locations dated 29 May 2006 14. Photocopy of front and side pictures 15. Cartographic sketch dated 2 June 2006 16. Cartographic sketch dated 1 June 2006 17. Warrant of Arrest dated 2003 18. Warrant of Arrest for Edgardo Sevilla @ Ka Diego dated 27 May 2004 19. Warrant of Arrest for Edgar Calag dated 17 March 1998 20. Supplemental Statement of Edison Belarmino dated 8 June 2006 21. Sworn Statement of PC/Insp. Nilo Berdin dated 12 June 2006 22. Sworn Statement of Edeline Bilon dated 2 July 2006 23. Supplemental Statement of Edeline Bilon dated 8 June 2006 24. Sworn Statement of Marciano Bitara Jr. dated 30 May 2006.

Summary of Incident/Allegation in Complaint Form

“On or about 8:30 in the morning of May 29, 2006 along Service Road of Brgy. Tagas, Tabaco City, the accused while armed with caliber .45 pistols shot Marciano Bitara Jr. in the right arm, while the victim is driving a multi-cab with PN GRC-646 with Sotero Llamas as passenger who also sustained mortal wounds causing instantaneous death of said Sotero Llamas. Victim Marciano Bitara Jr. sustained gunshot wound in his right arm.�

Remarks

From a reading of their statements, the testimonies of several witnesses contain material discrepancies such as differences in the handwriting of a witness, unsigned affidavits by another, and conflicting dates by still another.

T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 4 5

Complaint against GRP

Complaint against NDFP Moreover, the police did not look deeply into the reason for the visit of an ISAFP agent to Llamas nine days before the incident, considering that in most cases of extrajudicial killings the victims were visited or harassed first by the military, police or CAFGU before being shot.

Before his death, Llamas was also included as a respondent in the rebellion case filed against 49 leaders of the revolutionary movement, the legal mass movement and partylist representatives.

Finally, based on alleged cartographic sketches, the police perfunctorily identified the accused as alleged members of the NPA, including an alleged ex-army special forces agent, and immediately filed a complaint in a GRP court to close the case.

Note: Two complaint forms were submitted for a single incident: the first on 8 November 2006 without supporting documents; the second on 23 January 2007, with supporting documents.

Allegation(s) of GRP officials As reported in the Phil. Star and Business World on 15 September 2006, AFP CoS General Hermogenes Esperon, in his testimony before the Melo Commission on 14 September 2006, said that Llamas was a former CPP Central Committee member and Secretary of the Bicol Regional Party Committee of the NPA. He was a victim of “internal purging by the NPA to cleanse their ranks of counterrevolutionaries and spies”.

Executive Summary of Task Force Usig Accomplishment Report 20 June 2006, Task Force Usig said that Llamas was shot to death by Edgardo Sevilla @ Diego/ Palong, a commander of CPP/NPA who was positively identified by eyewitnesses. On 7 June 2006, Edgar Calag, ex-Phil. Army Special Forces, was also identified by witnesses as another gunman.

Remarks: On 30 May 2006, the day following the report of Llamas’ assassination, the CPP-NPA and the NDFP Negotiating Panel issued independent and separate statements condemning the killing of “Ka Teroy” Llamas and the wounding of his driver and putting the blame for the incident squarely on the GRP and its death squads. Both also paid tribute to Ka Teroy’s past revolutionary contributions despite his being out of the mainstream movement since 2004. The CPP-NPA stated that there was no enmity between Ka Teroy and the movement and called on the CPP-NPA in Bicol to immediately conduct an investigation of the incident and to arrest, try and punish the culprits. Ka Teroy remained a consultant of the NDFP Negotiating Panel up to the time of his death.

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Case 17 Profile of Victim Name: Affiliation/Occupation Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heir:

Nardo, Manuel, 40 yrs. old BAYAN Muna San Fernando, Pampanga, Coordinator 15 May 2006; 9:15 p.m.

San Miguel Blvd., Brgy. Quebiawan, San Fernando, Pampanga wife

Complaint against GRP

Complaint against NDFP

Form Number

G-876

S1523

Date Filed

2 October 2006

20 December 2006

Filer

KARAPATAN

Mercedez Bito Y Real

Supporting Document

1. MALAYA news report dated 15 May 2006 2. Manila Standard Today news report dated 15 May 2006 3. Bulatlat news report dated 15 May 2006

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Nardo was shot several times and killed by a gunman armed with a .45 caliber pistol. It was reported that the gunman and his companion were on board a motorcycle and were talking casually with Nardo before the incident. According to an eyewitness “they even had their arms around each other’s shoulders while talking and after a few minutes Nardo walked ahead and the person he was talking to shot him in the back of the head and several times in the body”.

“OOA said time, date & place, suspects arrived on board a Honda motorcycle, colored blue, w/ unknown plate after which, one of them called the victim who was then inside said videoke bar. Accordingly, one of the suspect (sic) & victim after a brief conversation heard the latter saying “dito na lang tayo uminom”. At this instance the suspect embraced the victim after which pulled a hand gun & repeatedly shot the victim. Suspect then fled toward unknown direction.

Nardo was the 26th member of his partylist organization killed in 2006.

Form Number

S1611

Date Filed

23 January 2007

Filer

Mercedez Bito Y Real

Supporting Document

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

“OOA said time, date & place, suspects arrived onboard a Honda motorcycle, colored blue, w/ unknown plate after which, one of them called the victim who was then inside said videoke bar. Accordingly, one of the suspect (sic) & victim after a brief conversation heard the latter saying “dito na lang tayo uminom”(let’s drink here). At this instance suspect embraced the victim after which pulled a hand gun & repeatedly shot the victim. Suspect then fled toward unknown direction.

The Lies of GRP Officials on Extrajudicial Killings

Remarks

Complaint against GRP

Complaint against NDFP

The news items refer to witnesses who saw the shooting, hearing even the conversations between the victim and his assailants. Such information can be the starting point for conducting a serious and impartial investigation into the identities of the suspects and their motive for shooting the victim.

This unsubstantiated allegation against the NDFP does not specify the motive for the shooting nor identify the suspects as NPA. Obviously, there was no in depth investigation of the incident. The gunman was apparently known to the victim and the latter was apprehensive to go with the former and said that they should instead drink at the karaoke bar.

Note 1: Two complaint forms were filed by the same complainant for a single incident.

Note 2: The incident happened during the reign of terror of Gen. Palparan in Central Luzon.

Allegation(s) of GRP officials As reported in Malaya, 21 September 2006, Task Force Usig’s Gen. Razon Jr. said that the case of Manuel Nardo is considered closed with a case filed against Wilfredo Layug last 4 September 2006.

Remarks: The investigation was declared closed after the alleged suspect was purportedly identified by unidentified witnesses. Considering that the victim was a city coordinator of an organization vilified by the AFP as a CPP-NPA front, a more serious or in depth investigation into his death should have been undertaken.

47

48

NDFP Human Rights Monitoring Committee

Case 18 Profile of Victim Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Nasol, Sotero, 57 yrs. old Chief Brgy. Tanod 14 Dec. 2002; 1:20 p.m.

Brgy. Center, Brgy. Palanog, Camalig, Albay wife and 6 children

Complaint against GRP

Complaint against NDFP

Form Number

G-873

S1060

Date Filed

2 October 2006

8 November 2006

Filer

KARAPATAN

SOLCOM/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

KARAPATAN Albay Factsheet

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Nasol was shot and killed by unidentified motorcycle-riding armed men in the presence of his co-barangay officials inside the barangay center. It was reported that the gunman alighted from the motorcycle, stood in the doorway, called out to Nasol, and shot him.

“shot to death/the victim has knowledge of the burning of the Good Found compound factory at said place on 29 Nov. 2002”

Remarks

The summary of incident cites several witnesses who could provide more information on the alleged incident and help identify the perpetrators of the shooting.

This terse allegation is unsubstantiated and only hints at a possible motive but does not establish the link with the NPA. Apparently, neither an in-depth investigation of the incident nor interview of witnesses such as the victim’s co-officials in the barangay was conducted by the police. The allegation lacks sufficient data, has no description of the incident, and is speculative on suspects.

Allegations(s) of GRP officials As reported in Phil. Star and Business World on 15 September 2006, AFP CoS General Hermogenes Esperon, in his testimony before the Melo Commission, on 14 September 2006, said that Nasol was a victim of “internal purging by the NPA to cleanse their ranks of counterrevolutionaries and spies” Remarks: Nasol was a GRP official as Chief Barangay Tanod. He was neither a member of the NPA nor of the revolutionary movement. Without providing any proof, Gen. Esperon again jumps from accusing an official of the GRP of being an NPA to being a victim of an alleged internal purging!

The Lies of GRP Officials on Extrajudicial Killings

Case 19 Profile of Victim Name: Affiliation/Occupation:

Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Segui, Teodoro Jr., 36 yrs. old Regional Board of Directors- Bicol Coconut Planters Association Inc., Chief Brgy. Tanod, Bayan Muna member 12 April 2002; 9:00 a.m.

Brgy. Bonbon, Libon, Albay wife and 5 children

Complaint against GRP

Complaint against NDFP

Form Number

G-880

S1084

Date Filed

2 October 2006

8 November 2006

Filer

KARAPATAN

SOLCOM/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

1. KARAPATAN Albay factsheet 2. Death Certificate of Segui dated 22 April 2002 3. Medico-Legal Report dated 19 April 2002 4. Police Blotter dated 12 April 2002 5. Medico-Legal Examination Report (autopsy) of Ildefonso Serrano dated 19 February 2002

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Sequi Jr. was shot and killed by 3 unidentified motorcycle-riding men while he was standing in front of a passenger jeep, after which the gunmen fled towards the direction of Villa Petrona. Segui Jr.’s body bore 7 gunshot wounds. Empty shells from a .9mm gun were recovered from the scene.

“Shot to death/summarily executed by 3 NPA/Communist Terrorists”

The jeepney driver reported that during the incident he saw 3 military men in the vicinity. He recognized the 3 and knew that they were assigned to the 22nd Infantry Battalion patrol base in Villa Petrona.

Four days earlier, Sequi Jr.’s cousin, a CAFGU member who was assigned to the 22nd IB patrol base, disclosed to him that there was an order from the military to kill him. Sequi Jr. was advised by his cousin to “stay away from their town, go to Manila or to lie low from the organization for his safety”.

49

5 0 N D F P H u m a n R i g h t s M o n i t o r i n g C o m m i t t e e

Remarks

Complaint against GRP

Complaint against NDFP

The summary of incident contains information that can easily be verified through an impartial investigation of the incident.

This terse allegation is unsubstantiated and does not specify any motive nor identify any suspect.

Apparently, neither an investigation of the incident nor interview of witnesses such as the jeepney driver and the victim’s cousin was conducted by the police. The complaint lacks sufficient data and has no description of incident.

Allegation(s) of GRP officials As reported in Phil. Star and Business World on 15 September 2006, AFP CoS General Hermogenes Esperon, in his testimony before the Melo Commission, on 14 September 2006, said that Segui was a victim of “internal purging by the NPA to cleanse their ranks of counterrevolutionaries and spies”.

Remarks: Segui was a GRP official as Chief Barangay Tanod and a member of Bayan Muna. He was not a member of the NPA nor of the revolutionary movement. Without providing any proof, Gen. Esperon again jumps from accusing an official of the GRP of being an NPA to being a victim of an alleged internal purging!

T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 5 1

Case 20 Profile of Victim Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Sungit, Abe, 44 yrs. old KARAPATAN Palawan member, UCCP-IDPIP, PAGSAMBATAN 5 February 2005; 7:00-8:00 a.m.

Brgy. Malcampo, Roxas, Palawan wife and child

Complaint against GRP

Complaint against NDFP

Form Number

G-526

S454

Date Filed

8 February 2006

8 November 2006

Filer

EMJP

Western Command/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

1. Cyber Dyaryo news report dated 8 April 2005 2. Amnesty International 1999 Report 3. 2 copies KARAPATAN Southern Tagalog initial Factsheet dated 21 February 2005

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Sungit, while on board a motorcycle with his male companion as driver, was shot by 2 unidentified motorcycle-riding men. Sungit, who was hit on the shoulder, fell from the motorcycle. His male companion fled on board their motorcycle. He reportedly heard 4 more gunshots being fired.

“shot to death/summarily executed”

Sungit’s dead and decomposing body was found in a deep creek near the place of incident after 15 days. It bore at least 3 gunshot wounds, 2 of which were located in the head.

The victim was reportedly included in the military’s Order of Battle since 2003 due to his being a staunch advocate of indigenous people’s rights, particularly his strong opposition to the military’s presence in indigenous communities in their province and in mining activities in the area. Sungit was one of three indigenous people who had been killed in February 2005.

Remarks

The summary of incident contains information that can easily be verified through an impartial investigation of the incident.

This terse allegation is unsubstantiated and does not specify any motive nor identify any suspect.

Apparently, neither an investigation of the incident nor interview of witnesses such as Sungit’s companion was conducted by the police. The complaint lacks sufficient data and has no description of incident.

5 2 N D F P H u m a n R i g h t s M o n i t o r i n g C o m m i t t e e

Case 21 Profile of Victim Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Takadao, Albino, 54 yrs. old Member of Nagkahiusang Mag-uuma sa Nabundasan 3 February 2006; 8:30 p.m.

Sitio Salvacion, Nabundasan, Tulunan, Cotabato wife and 6 children

Complaint against GRP

Complaint against NDFP

Form Number

G-555

S223

Date Filed

10 April 2006

8 November 2006

Filer

EMJP

Eastern Mindanao Command/ Maj. Agustin G. Matavia, JAGS, Legal Officer

Supporting Documents

1. KARAPATAN North Cotabato Factsheet

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Takadao and his family were preparing to sleep when they heard a man from outside their house calling to them insisting to be allowed inside because he wanted to borrow cooking utensils and asked for water which he would use to cook dinner.

“undetermined number of CTs under FC-51 shot to death Albino Takadaw in Brgy. Nabundasan, Tulunan, Cotabato on 03 Feb. 06.”

When Takadao’s wife peeped out, she saw 15 men wearing bonnets and armed with high-powered rifles.

The men surrounded the house and one threatened them and said “kund dili nyo kami pasudlon, di kamo maagahan (if you will not let us in, you will not see the morning)”. Seeing that his wife was afraid, Takadao instructed her to let them in. He then proceeded to sit in the stairway.

One man who was armed with an M-16 entered and asked Takadao’s wife how many occupants there were in the house. She replied that they were 4, including 2 children.

Without saying a word, the man shot and killed Takadao. Then he went outside and joined the others and they proceeded to a nearby barrio.

The day before, it was reported that residents in that barrio saw a group of military men wearing uniform but without nameplates.

It was also reported that for several months until the incident, massive military counter-insurgency operations were being conducted in peace zones in the municipality. The place of incident is located within the peace zones.

T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 5 3

Remarks

Complaint against GRP

Complaint against NDFP

The summary of incident contains sufficient information that can be used as starting point for conducting an impartial investigation into the incident to determine the identities of the suspects and help verify the allegation.

This sweeping allegation is unsubstantiated and does not specify a motive for the shooting. Apparently, neither an investigation of the incident nor interview of witnesses such as the victim’s family was conducted by the police. The complaint lacks sufficient data, has no description of incident, and is speculative on suspects.

The membership of the victim in a people’s organization contradicts the allegation.

5 4 N D F P H u m a n R i g h t s M o n i t o r i n g C o m m i t t e e

Case 22 Profile of Victims Name: Affiliation/Occupation:

Surviving Heirs: Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI):

Tinambacan, Rev. Jemias, 49 yrs. old UCCP Pastor; Bayan Muna Misamis Occidental Provincial Chairman; Mission for Indigenous and Self Reliance People’s Assistance Inc., Executive Director wife and 2 children Tinambacan, Marilou, 50 yrs. old (survived) PCPR-Negros Oriental member; Kapatiran Simbahan para sa Bayan member 9 May 2006; 5:30 p.m.

National Highway, Brgy. Mobod, Oroquieta City, Misamis Occidental

Complaint against GRP

Complaint against NDFP

Form Number

G-864

S1684

Date Filed

25 September 2006

23 January 2007

Filer

KARAPATAN

Marilou Tinambacan, UCCP Pastor (but with no signature/thumb mark)

Supporting Documents

1. Urgent Action dated 11 May 2006

No Supporting Documents Submitted

Summary of Incident/Allegation in Complaint Form

Spouses Jemias and Marilou Tinambacan were on board their van when they were shot by 4 armed men who were on board 2 motorcycles.

Upon seeing that they were being shot, Marilou hid beneath the dashboard. Jemias, who was driving the van, was hit 3 times in the head, lost control of the van and crashed into a tree. The assailants continued firing and one of them, identified

by Marilou to be Philippine Army intelligence agent Mamay Guimalan, shouted “Buhi pa ang baye! (The woman is still alive!)”. Marilou, though wounded and bruised, survived the shooting incident.

“OOA 091800H May 2006 at Purok 5, Brgy. Mobod, Oroquieta City a shooting incident transpired wherein the victim is identified as certain Jemias Tinambacan y Aguilo, 50 YO, Pastor of UCCP and a certain Marilou Tinambacan (wife) both residents of Eastern Pob. Lopez, Jagna, Misamis Occidental. Subject victim was gun down and dead on the spot by the tailing suspects at said Brgy. Allegedly Marilou Tinambacan identified the one of the suspects as certain Mamay Guimalan. Suspects fled to unknown direction.”

Remarks

Marilou, the surviving wife of the victim, had made a positive identification of one of the gunmen.

With this information, an impartial investigation of the incident can easily determine the identities of the gunmen.

This spot report mentions that the victims wife identified one of the assailants. But it conveniently omitted the fact that said assailant is a Philippine army intelligence agent.

Yet, no investigation along this line was conducted by the police. The allegation lacks sufficient data, has no allegation as to motive, and is speculative on suspects.

Allegation(s) of GRP officials In the PNP News Release of 27 Aug 2006, PNP Deputy Director Gen. Oscar Calderon citing case records culled by Task Force Usig said that the slain activists and militants are attributed to the local communist movement.

Remarks: This sweeping allegation is unsubstantiated and lacks factual basis.

T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 5 5

Case 23 Profile of Victim Name: Affiliation/Occupation:

Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heir:

Uy, Ricardo “Ding”, 49 yrs. old BAYAN Muna Sorsogon Chairman; Head, Sorsogon Independent Media Reporters Inc. 18 November 2005; 11:30 a.m.

Brgy. Basud, Sorsogon City wife

Complaint against GRP

Complaint against NDFP

Form Number

G-582

S1670

Date Filed

10 April 2006

23 January 2007

Filer

EMJP

Filed by: P/Supt. Formoso Bermido Argarin, Acting Chief of Police, Sorsogon City Police Station

Supporting Documents

1. Downloaded INQ7 news report dated 18 November 2006

1. PNP Balogo Sorsogon Special Report on Shooting to Death of Ding Uy dated 20 June 2006.

2. PNP Balogo Sorsogon Special Report on Shooting to Death of Ricardo “Ding” Uy dated 18 November 2005.

Summary of Incident/Allegation in Complaint Form

Uy was shot and killed by an unidentified gunman using a .45 caliber pistol while he was tending to his rice mill which was located in front of his house. It was reported that the gunman, who was wearing sunglasses and a hat, walked towards Uy and shot him 5 times.

On or about 181130 November 2005 at Barangay Basud, West District, Sorsogon City, Ricardo “Ding” Uy was shot successively by unidentified gunmen. He sustained multiple gunshot wounds on different parts of his body that caused his death.

The victim was reportedly very vocal against abuses committed by the military in their province. A vilification campaign against him had been going on and there were pamphlets being distributed “identifying him as a communist”.

Initial investigation disclosed that while the victim was inside his store entertaining a customer who was buying rice, the gunmen entered the store and fired upon the victim.

After the incident, the suspect walked casually along Maharlika Highway going towards Cawayan Bridge, where his companion was waiting with a red motorcycle. Then suspects fled onboard the said motorcycle going towards Sorsogon City proper.

The victim was immediately brought to Sorsogon Medical Mission Group Hospital (SMMMG) at Barangay Pangpang, Sorsogon City. But was pronounced DOA by the attending physician. The investigation with the assistance of the SOCO personnel collected five (5) empty shells, one (1) live ammunition and one (1) fired bullet (slug) all for caliber .45 pistol.

Suspect’s descriptions are: Long Blonde Hair, 5’11” inches tall, slim, wearing sunglass, wearing a bull cap, wearing long pants and polo-shirt and carrying backpack.

5 6 N D F P H u m a n R i g h t s M o n i t o r i n g C o m m i t t e e

Remarks

Complaint against GRP

Complaint against NDFP

The vilification of the victim as an alleged communist in pamphlets that were being distributed in the area is a clear indication of motive for the shooting of the Uy. This material information can be the starting point for an impartial investigation to identify the perpetrators.

The police reports do not specify the motive nor identify the suspect as allegedly belonging to the NPA. Apparently, no interviews were done of the witnesses such as the wife and helper of the victim.

Moreover, the fact that the victim was a journalist and the chairman of Bayan Muna that has been vilified as an alleged communist front should have led the police to look for more likely suspects with obvious motive than just pin the blame on the revolutionary movement.

Allegation(s) of GRP Officials In the Executive Summary of Task Force Usig Accomplishment Report of 20 June 2006, it said that “Four (4) of the witnesses pointed to the photograph of a certain Ronnie Lomerio a CPP/NPA member as suspect.�

Motive of the killing is the alleged rift with the management of Sorsogon Electric Company (SORECO) wherein the victim spearheaded the union of Nagkakaisang Manggagawa ng SORECO (NAMAS) against the said company, as well as an alleged rift with the local communist movement relative to extortion activities with the victim’s rice mill being the center post of collection.

Remarks: The police report mentioned only one unidentified witness, not four. Also, the alleged NPA member, a certain Ronnie Lomerio, did not turn out to be one. Even the GRP court dismissed the case against him. Yet, Task Force Usig insists in claiming that Uy, a journalist and the provincial chairman of a legal progressive partylist, was an alleged collector of the revolutionary movement and became an alleged victim of a supposed rift with the movement.

Mar tyrs for the cause of justice and freedom

clockwise, from top right, Hermilito Marqueza, Victor Olayvar, Paquito Diaz, Rev. Edison Lapuz and Atty. Felidito Dacut

5 8 N D F P H u m a n R i g h t s M o n i t o r i n g C o m m i t t e e

5.2 Tabulation of additional 5 incidents

Case 1 Name: Affiliation/Occupation:

Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Dacut, Atty. Felidito, 51 yrs. old Bayan Muna Partylist Regional Coordinator; IBP Board of Directors member 14 March 2005; around 6:45 p.m.

Real St., Tacloban City, Leyte wife and 2 year old daughter

Complaint Against GRP Form Number

G-385

Date Filed

9 June 2005

Filer

Bayan Muna

Supporting Documents

1. Affidavit of victim’s wife Amelia Dacut dated 25 May 2005 2. Letter to Supt. Conrado Calvaro dated 13 April 2005 3. Katungod-SB-Karapatan Factsheet dated 15 March 2005 4. Medicol-Legal Autopsy Report dated 14 March 2005 5. Special Report of Tacloban City Police dated 19 March 2005 6. Certified true copy of the police blotter dated 12 April 2003 7. Cartographic sketch of the suspect dated 14 March 2005

Summary of Incident

Dacut and a male companion just came from a consultation meeting and were on their way to buy milk for the former’s daughter on board a public vehicle when Dacut was shot from behind at close range.

His male companion saw the gunman’s face and the pistol with silencer which was used in the shooting. The gunman and another unidentified man were riding a motorcycle and were with 2 other motorcycle-riding men whom they were seen talking with after the incident. Dacut died in the hospital due to a gunshot wound.

Dacut was a known human rights lawyer and was among those who initiated a solidarity mission to their province after Gen. Jovita Palparan had made public declarations to “clear Eastern Visayas of anti-government rallies within six months as the principal anti-insurgency campaign plan of the Arroyo government”.

Allegation(s) of GRP officials As reported in Malaya 21 August 2006, Task Force Usig said that the killing was ordered by Eastern Visayas Regional Party Committee (EVRPC) after he was found guilty of “financial opportunism”. Accused by the NPA of failure to remit P140,000 in commission for the sale of unserviceable heavy equipment which was reportedly owned by a group of terminated sugar farmers.

Remarks: This unsubstantiated allegation is devoid of merit. Apparently, no investigation of the incident had been carried out. No evidence or witness had been presented to support the allegation, not even the filing of a false complaint against the NPA with the NDFP-JS to give it a semblance of truth. Moreover, only a malicious mind is capable of inventing such a ridiculous motive. On the other hand, Gen. Palparan has all the motive to have Dacut killed for the solidarity mission that the latter initiated against the former’s reign of terror in Eastern Visayas, for his being a Bayan Muna regional coordinator, and for his human rights lawyering.

T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 5 9

Case 2 Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI):

Diaz, Paquito, 44 yrs. old Chairman- Confederation for Unity, Recognition and Advancement of Government Employees-Eastern Visayas (COURAGE-EV) 6 July 2006; 6:30 p.m.

173 Esperas Avenue, Brgy. 54, Tacloban City, Leyte

Complaint Against GRP Form Number

G-862

Date Filed

25 September 2006

Filer

KARAPATAN

Supporting Documents

Katungod-SB-KARAPATAN Factsheet dated 6 July 2006

Summary of Incident

Diaz was shot and killed by two motorcycle-riding men wearing baseball cap and bonnet-type helmet and armed with .45 caliber pistol with silencer.

He was shot outside his house and in the presence of his relatives. Bystanders tried to block the path of the assailants but they were threatened to be shot by the gunman.

It was reported that before the incident, two men and their vehicle were seen traversing the area several times before hiding behind bushes near the place of incident.

Allegation(s) of GRP officials As reported in Malaya, 21 August 2006, TF Usig said that: The killing was ordered by EVRPC after he was found guilty of “financial opportunism�. Accused of receiving large amounts of money from politicians, also accused of collecting large sums of money to finance a campaign to oust the general manager of the Leyte Metropolitan Water District in Tacloban.

Remarks: This sweeping allegation is devoid of proof and reason. Apparently, no investigation of the incident was carried out. No evidence or witness has been presented to support the allegation. Also, the imputed motive is a mish-mash of contradictions. If one part of it were true, the general manager of Leyte Metropolitan Water District has more reason to have Diaz killed than the NPA. The fact that the victim was the chairman of Courage, which is a member of KMU, an organization viciously vilified as communist, would be enough motive for the military to kill him.

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NDFP Human Rights Monitoring Committee

Case 3 Name: Affiliation/Occupation:

Surviving Heir: Name: Affiliation/Occupation: Surviving Heir: Date and Time of Incident (DOI): Place of Incident (POI):

Lapuz, Rev. Edison Conference Minister-United Church of Christ in the Philippines (UCCP), Chairman - Katungod-KARAPATAN Eastern Visayas, Founding member – Promotions for Church People’s Response (PCPR), Convenor for Justice for Atty. Dacut Alliance wife Malinao, Alfredo Brgy. Councilor; peasant leader and organizer Information not available 13 May 2005; 6:30 p.m.

San Isidro,Leyte

Complaint Against GRP Form Number

G-484

Date Filed

17 June 2006

Filer

EMJP

Supporting Documents

Narrative Report of the Documentation Team Visit to San Isidro, Leyte dated 13 May 2005

Summary of Incident

Lapuz and Malinao were shot and killed inside the former’s house when they were resting together with relatives and friends who all came from the burial of Lapuz’s father. According to witnesses, the two unidentified gunmen shot Lapuz and Malinao at close range. They then fled on foot towards two motorcycles driven separately by two unidentified men. Before fleeing, they shot the rear wheel of Lapuz’s parked vehicle.

It was reported that before the incident, four unidentified men on board two separate motorcycles were seen repeatedly passing the area, pretending to catch fish in a nearby port and keeping their helmets on even while drinking softdrinks in a nearby store.

Lapuz’s sister reported that in October 2004, uniformed military men went to the house of their father and inquired about Lapuz’s whereabouts and work.

They also asked for a recently-taken photograph of Lapuz. The men posed as co-church members of Lapuz.

One of the five soldiers seen during Lapuz’s wake on 14 May 2005 was identified to be one of those who previously visited the house of Lapuz’s father.

Allegation(s) of GRP officials As reported in Malaya, 21 August 2006, Task Force Usig said that the killing was ordered by EVRPC after he was found guilty of “financial opportunism”. Accused of juggling funds generated through pledges, donations and solicitations by the NCCP and UCCP. Remarks: This false allegation has been denied vehemently by General-Secretary Sharon Rose Joy RuizDuremdes of the NCCP. In a statement, she said that this “pronouncement is downright malicious and unfounded. While active in the human rights program of the NCCP, Rev. Lapuz was never given funds to manage by the organization. To our knowledge, he was never engaged in fund raising for the Council.

The “conclusions” of Task Force Usig regarding the cause of extra judicial killings belies the capability of this body to come out with a credible report. To make such a pronouncement without consulting the NCCP which is allegedly the organization whose funds Rev. Lapuz embezzled, clearly shows the quality of the investigation conducted by the Task Force.” Apparently, no investigation of the incident was ever carried out.

The Lies of GRP Officials on Extrajudicial Killings

Case 4 Name: Affiliation/Occupation: Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Marqueza, Hermilito, 43 yrs. old Kapunungan sa mga Mag-uuma sa Surigao Del Sur (United Farmers Union of Surigao del Sur) 20 August 2006; 11:00 p.m.

Brgy. Maitum, Tandag, Surigao del Sur wife & 2 children

Complaint Against GRP Form Number

G-879

Date Filed

2 October 2006

Filer

KARAPATAN

Supporting Documents

1. INQ7.net news report 23August 2006 2. ABS CBN News report 3. PNP Tandag Surigao del Sur Police report dated 23 August 2006.

Summary of Incident

Marqueza was shot and killed by unidentified men with M14 rifles after they forcibly entered his house. A witness who ran for help was prevented by a certain William Suarez whom the witness noticed was being motioned to by two unidentified armed men with long firearms hiding behind coconut trees.

The statement of the witness was corroborated by Marqueza’s daughter.

It was reported that prior to the incident, Marqueza was repeatedly asked

by Philippine Army operatives for his support but the former always refused.

Marqueza was the 6th victim of political killings in CARAGA during the first eight months of 2006.

Allegation(s) of GRP officials PNP News Release, 27 August 2006, PNP Deputy Director Gen. Oscar Calderon citing case records culled by Task Force Usig said that slain activist attributed to local communist movement. As reported in Malaya, 21 September 2006, Task Force Usig’s Gen. Razon Jr. said that the case of Hermilito Marqueza is considered closed with William Suarez charged in CARAGA last month.

Remarks: This allegation is not only self-contradictory and without basis, but also false. As attested to by witnesses, including the victim’s daughter, the accused Wlliam Suarez was in cohorts with the armed men who barged into the victim’s house and shot him. Yet Task Force Usig has the temerity to attribute the killing to the local communist movement!

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62

NDFP Human Rights Monitoring Committee

Case 5 Name: Affiliation/Occupation:

Date and Time of Incident (DOI): Place of Incident (POI): Surviving Heirs:

Olayvar, Victor, 41 yrs. old Chairperson - BAYAN Bohol, Vice Chairperson - BAYAN Central Visayas, Honorary Chairperson - HUMABOL, Chairman - KAHIMSOG, Board of Trustees - Central Visayas Farmers Development Center , Member- Bohol Alliance for the Removal and Ouster of Gloria 7 September 2006; 7:25 a.m.

Candaba Bridge, Brgy. Cantubod, Danao, Bohol wife and 7 children

Complaint Against GRP Form Number

G-884

Date Filed

2 October 2006

Filer

KARAPATAN

Supporting Documents

1. KARAPATAN Bohol Fact Finding Report 2. The Bohol Chronicle news report dated 10 September 2006) 3. The Bohol Chronicle editorial article 10 September 2006 4. INQ7.net news report 8 September 2006 5. INQ7.net news report 11 September 2006 6. Bohol Sunday Post column article 10 September 2006 7. INQ7 express news report 13 September 2006 8. INQ7 mobile news report 13 September 2006 9. The Bohol Chronicle news report 13 September 2006 10. The Bohol Chronicle news report 17 September 2006 11. Bohol Sunday Post news report 12. PIA Central Visayas news report 25 September 2006 13. Wow Bohol Blog news report 25 September 2006 14. Bohol Times Online news report 24 September 2006 15. Bulatlat news report 7 September 2006 16. Sunstar news report 9 September 2006 17. Cebu Daily News report 12 September 2006 18. Bohol Times Online Editorial 10 September 2006

Summary of Incident

Olayvar was shot and killed while he was riding a habal-habal (public utility motorcycle) by an unidentified armed man with a .45 caliber pistol. His body bore two gunshot wounds. The habal-habal’s driver was spared by the gunman.

The gunman was with three other unidentified men who appeared to be fixing their two motorcycles by the roadside before flagging down oncoming vehicles and preventing motorists from crossing the bridge.

Prior to the incident, Olayvar has been subjected to threats and surveillance.

It was reported that three months before, he has been “placed in the military’s Order of Battle and subject for neutralization”. Olayvar and three other militant leaders in the province have been “demonized by leaflets signed by a shadowy group named Mata na Bohol (Wake Up Now) Movement (MBM) that directly accused militants of having links to the NPA.

Allegation(s) of GRP officials As reported in Manila Times, 3 October 2006, Task Force Usig said that witness Joselito Ayag saw how Olayvar, a member of KARAPATAN, was killed by members of CPP in Bohol. In his affidavit, Ayag said that KARAPATAN and HUMABOL are two local groups involved in soliciting funds and collecting firearms for the NPA. The motive of the killing was the disappearance of firearms.

The Lies of GRP Officials on Extrajudicial Killings

Remarks: This allegation by an alleged witness to the incident is suspect and malicious and lacks corroboration. First, he maligns the organizations to which the victim belonged. Then he maligns the victim himself for allegedly losing firearms. It’s the testimony of someone who is a co-conspirator in killing the victim. Only the military has the motive to kill Olayvar because of his membership in Bayan Muna and Humabol, two organizations that have been viciously vilified by the military. The victim was also in the military’s order of battle.

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6 Summary in Tables Table 1. Tabulation of Selected Remarks No Evidence

Lacks Sufficient Data

1. Aguilar













2. Albarillo*













3. Arcilla*













4. Arinque*













5. Atento



























Name of victim

No No No Investigation Speculative Speculative Allegation as Description Investigation Not as to Motive as to Suspect to Motive of Incident at All Thorough

6. Balauag*/ Mendiola* 7. Castillo*



8. Dimaano*



9. Espino





10. Furog*





11. Gatdula*





12. Gomez*



13.Guevarra



 



































14. Javier*













15. Lacsa













16. Llamas*







17. Nardo*









18. Nasol













19. Segui*













20. Sungit*













21. Takadao*













22.

Tinambacan*









23. Uy*









TOTAL

18

19

14

9

*Affiliated with organizations vilified by GRP forces (17)

23



  13

18

5

T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 6 5

Table 2. Tabulation of Organizational Affiliation of Victims Partylist

1. Albarillo

BAYAN Muna

Anakpawis



KMP & other peasant orgs.



3. Arinque

  

7. Furog 8. Gatdula 9. Gomez











10. Javier

Bayan



5. Castillo 6. Dimaano



2. Arcilla 4. Balauag/ Mendiola

Other Orgs.



11. Llamas



12. Nardo



13. Segui



14. Sungit



15. Takadao 16. Tinambacan



 

17. Uy



Total

9

3

7

Karapatan



UCCP/PCPR



Sorsogon Independent Media Reporters Inc

4

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7.1

Excerpts of statements of GRP President Arroyo and other GRP officials alleging that the NDFP is responsible for specific cases of political killings and/or that some of these cases are considered “solved” 1. Excerpts from GRP President Gloria Macapagal-Arroyo’s speech at the Vin D’ Honneur, Wednesday, January 31, 2007, Malacañang “Investigations suggest links to both right and left – to communists, communist rebels as well as possibly elements of our own military.

The investigations of the national police’s Task Force “Usig” have unearthed some interesting facts such as 23 cases of killings perpetrated by the NPA against their own men, the discrepancy between the number of cases reported by the front organizations of the communists and the numbers in the police files, and two cases where the supposed victims were confirmed to be alive. It’s disheartening to contemplate that anyone upholding people’s rights could engage in such deeds. I need to absorb fully what it means. (emphasis supplied) 2. Excerpts from “PNP on extrajudicial killings: 21 cases solved, 12 arrested,”

by Amita Legaspi, GMANews.TV, October 05, 2006 - 07:12 PM A total of 21 cases have been solved while 12 suspects have been arrested in connection with government’s campaign on extrajudicial killings, police said Thursday.

TF Usig reported that Apolinar was killed by a military officer and a member of the Civilian Auxiliary Force Geographical Unit (Cafgu), while Claver and Dimaano were killed by a police officer and members of the New People’s Army, respectively. (emphasis supplied) ...

PNP Deputy Director General Avelino Razon Jr., Chief of Task Force USIG, said that based on their records, 16 activists were killed by communist guerillas, of which 15 cases have been filed in court. He said additional eight incidents were also believed to be perpetrated by the rebels.

3. Excerpts from: “Esperon tells Melo Commission NPA behind political killings,” James Mananghaya, The Philippine STAR, Friday, September 15, 2006 AFP Chief of Staff Gen. Hermogenes Esperon …included eight names who are in the claims made

by Karapatan, a human rights group accusing the military of being behind the killings.

These were Teodoro Segui of Libon, Albay; Sotero Nasol of Camalig, Albay; Barangay chairman Ernesto Atento of Taysan, Legazpi City, Albay; Sangguniang Bayan member Francisco Gatdula of Sta. Cruz, Occidental Mindoro; Renato Espino alias Nomer, team leader of the Sandatahang Yunit Pampropaganda Central Mexico, Kilusang Larangang Gerilya Southern Pampanga; Rommel Arcilla, a finance officer of the Communist Party of the Philippines (CPP)-Pampanga Party Committee; Nestor Arinque, of Mabini, Bohol, a member of

The Lies of GRP Officials on Extrajudicial Killings

Front 4, Central Visayas regional party committee; and Sotero Llamas, former CPP central committee member and secretary of the Bicol regional party committee of the NPA. (emphasis supplied) Esperon said the eight were all liquidated by the NPA as part of an internal purge to cleanse their ranks of “counterrevolutionaries” and spies.

4. Excerpts from “ACTIVISTS’ SLAYS IS MORE THAN JUST A CPP/NPA PURGING” PNP News Release No. 060818, August 27, 2006, <http://www. pnp.gov.ph/press/press/content/ news/2006/aug/activistslayismore_ 27aug06.html> Most prominent among the cases slain activists and militants attributed to the local communist movement were that of Sotero Llamas in Albay, spouses Elena Mendiola and Ricardo Balauag in Isabela, Annaliza Abanador in Bataan, spouses Jemias and Marilou Tinambacan in Oroquieta City, peasant leader Hermie Marqueza in Surigao del Sur, and labor lawyer Rodolfo Paglinawan in Quezon City. (emphasis supplied) 5. Excerpts from: “2 NPA HITMEN CHARGED FOR MURDER OF BAYAN MUNA MEMBERS,” PNP News Release No. 06-0516, Wednesday, 31 May 2006, http://www.pnp.gov.ph/ press/press/content/news/2006/ may/2npahitmencharged_31may06. html In his report to PNP Officer-inCharge, Deputy Director General Oscar C Calderon, Regional Office 2 Director, Chief Superintendent

Jefferson P Soriano said Renato Busania and Timoteo Corpuz Jr. were charged before the Provincial Prosecutor’s Office in Ilagan, Isabela docketed under I.S. No. 2006E635 for the murder of Elena “Baby” Mendiola and Ricardo Balauag in Echague last May 10. (emphasis supplied) According to Soriano, suspects Busania and Corpuz belong to the Southern Isabela Front of the CPP/ NPA Cagayan Valley Regional Committee. 

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7.2

NDFP statements on political killings and GRP allegations 1. Press Statement, 16 May 2006

Arroyo regime is hell-bent on escalating extrajudicial killings with impunity

By Luis G. Jalandoni C h a i r pe r s o n , N D F P N e g o t i a t i n g Panel

The recent announcement of Gloria M. Arroyo that she has ordered the police investigation of the extrajudicial killings and forced disappearances of leaders and activists of Bayan Muna, Anakpawis, Gabriela, Anakbayan and progressive mass organizations, priests and pastors, journalists, advocates of human rights and peace and other people critical of the Arroyo regime is a malicious act intended to deceive the people.

Soon after Arroyoâ&#x20AC;&#x2122;s announcement, her national security adviser Norberto Gonzales and secretary of justice Raul Gonzales and high military officials have issued public statements to the effect that the Communist Party of the Philippines and the New Peopleâ&#x20AC;&#x2122;s Army are the ones responsible for the killings and kidnappings.

It is clear that the Arroyo regime has no intention of stopping the extrajudicial killings and forced disappearances but is hell-bent on escalating them with further impunity by putting the blame on the revolutionary forces and the victims themselves. The regime is seeking to destroy the legal patriotic and progressive forces in a futile attempt to intimidate and weaken the broad united front and the revolutionary movement.

Human rights organizations as well as the organizations, colleagues, immediate relatives and friends of the victims have clearly pointed to the death

squads of the military and police loyalists of the regime as responsible for the killings and kidnappings. They speak the truth louder than the lies and intrigues of the cabinet members and generals of the regime.

The national security adviser Norberto Gonzales merely exposes himself as an evil and malicious intriguer by misrepresenting the Second Great Rectification Movement as a continuing purge, contrary to the fact that said movement criticized and repudiated the anti-infiltration campaigns of the 1980s and was an educational campaign to reaffirm the basic principles of the revolutionary movement. Those responsible for the anti-infiltration campaigns who refused to accept and correct their errors have since joined or collaborated with the reactionary government.

The Arroyo regime is becoming more brutal by the day. Three extrajudicial killings, one frustrated murder and one disappearance in three days!

Bayan Muna Cagayan Valley Secretary General Elena Mendiola and her husband Ricardo Balauag, Bayan Muna Municipal Coordinator in Echague, Isabela killed in cowardly manner on May 10. Rev. Jemias Tinambacan of the United Church of Christ in the Philippines in Misamis Occidental shot dead while his wife Rev. Marilou Tinambacan was seriously wounded on May 9. The latter identified military intelligence agent Mamay Guimalan as one of the four assailants riding two motorcycles. Philip Limjoco is reported by his son Glenn as missing since May 8.

In the first quarter of 2006, Karapatan (Alliance for the Advancement of Peopleâ&#x20AC;&#x2122;s Rights) documented 53 victims of extrajudicial killings and 16 victims of enforced disappearance. That is more than four killings and one disappearance every week! From April 3

The Lies of GRP Officials on Extrajudicial Killings

to May 11, twelve persons more were killed.

More than 560 civilians have been killed during the Arroyo regime; more than 200 frustrated murder cases and 149 disappearances!

The regime’s preposterous claim of a purge within the revolutionary movement has long been exposed as a lie by the thinly-veiled and arrogant boasts of the cowardly butcher general Palparan that he orders the murder of unarmed civilians in the legal democratic movement by way of weakening and destroying the revolutionary movement.

Cynically, he has called the extrajudicial killings “collateral damage.”

The regime’s Cabinet Oversight Committee for Internal Security (COCIS), composed of General Eduardo Ermita together with National Security Adviser Norberto Gonzales, Justice Secretary Raul Gonzalez, Defense Secretary Avelino Cruz, AFP Chief of Staff Gen. Generoso Senga, and PNP Director General Arturo Lomibao, plans and directs the extrajudicial killings of suspected members or supporters of the revolutionary movement.

Many of the extrajudicial killings have been done by motorcycle riding assassins who target progressive leaders and members in the regions, provinces and municipalities. Such motorcycle riding assassins were common during the 1986-1988 period when General Ermita was the AFP Deputy Chief of Staff for Operations. They were used to destroy the Partido ng Bayan and mass organizations in localities.

The pattern of nationwide killing of suspected members or supporters of the revolutionary movement follows the Operation Phoenix program in Vietnam in the 1960s. At that time, Eduardo Ermita was in Vietnam together with John Negroponte, the current head of all US intelligence agencies. It is within

the COC-IS that policies are made with the approval of GMA. In one such high level national security meeting, Norberto Gonzales proposed the assassination of Prof. Jose Maria Sison, as “the solution to all our [the regime’s] problems.”

The regime’s false allegation of a purge within the revolutionary movement is meant to further justify more extrajudicial killings. We have reliable reports that the regime is now preparing to start murders of civilians on the national level in the Metro Manila area and other major cities. It seeks to destroy the legal democratic movement and to weaken the revolutionary armed struggle. The intensified tactical offensives of the New People’s Army, with broad support of the people, are dealing ever stronger blows against the regime.

This murderous anti-people and anti-national regime is bound to face the wrath of the people. The broad united front and revolutionary armed struggle are growing in strength. The Arroyo regime is practically pushing the broad masses of the people to intensify revolutionary armed struggle.

Thus, it is now known as unwittingly the best recruiter of the people’s army. q







2. Press Statement, 21 May 2006

M e t h o d i n t h e m a d n e s s of the Arroyo regime

By Prof. Jose Maria Sison NDFP Chief Political Consultant

There is method in the Arroyo regime’s madness of making me appear as responsible for all the alleged acts of the Communist Party of the Philippines (CPP) and New People’s Army (NPA) and for what are actually the most fantastic intrigues that the regime

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itself concoct such as the lies that I have ordered the accomplished killing of the hundreds of patriotic and progressive activists in the legal arena and the prospective killing of the fake president Arroyo, her top subalterns and opposition leaders.

The method in the madness involves the following objectives: 1. To caricature the CPP, NPA and other revolutionary forces as dependent on a single person so many thousands of miles away and to belittle the revolutionary will and organized strength of the Filipino people.

2. To draw attention away from the regime’s culpability for the bloody assaults under the Oplan Bantay Laya on the broad masses of the people in the guerrilla fronts and on patriotic and progressive activists in the legal arena.

3. To justify and pave the way for further bloody assaults on the people and the legal patriotic and progressive forces at the local, provincial, regional and national levels.

4. To break up the broad united front against the Arroyo regime in the legal arena by spreading the intrigue that the CPP and NPA are out to kill the leaders of both the regime and the opposition and probably by initiating the assassination of opposition leaders and the dispensably unreliable officials of the regime.

5. To further vilify the NDFP chief political consultant as a “terrorist” and pressure the NDFP to capitulate or else to shut all doors to the resumption of peace negotiations.

While there is method in its madness, the Arroyo regime itself is overwhelmingly more mad than methodical and is unwittingly generating political turmoil, contrary to its boasts of being able to pacify and govern the country.

Blinded by hubris, the regime overestimates its ability to keep itself in power

through sheer violence and deception.

It is in fact driving the broad masses of the people and various political forces to unite and engage in all forms of struggle.

It is obvious that the regime is compelling the revolutionary forces to intensify the guerrilla offensives on favorable rural terrain and at the same time to increase its efforts to punish the worst officials of the Arroyo regime. As the outraged people, the families, colleagues and friends of the victims of state terrorism cry out for justice, how else can the revolutionary forces uphold and demonstrate their integrity and counter their enemy’s intrigues that they kill their own members and allies?

In the face of the regime’s scheme to murder the national leaders and activists of the mass movement and opposition parties and blame the revolutionary forces, are not the people and the armed revolutionary movement justified to undertake the necessary actions against the highest officials of the Arroyo regime who are criminally liable for the carnage? It is my personal estimate that the revolutionary forces are now considering how to counteract the vile acts and threats of the regime. q 





3. Press Statement, 29 June 2006

A r r o y o r e g i m e t r i e s bu t f a i l s t o g l o s s o v e r i t s e x t ra j u d i c i a l k i l l i n g s o f po l i t i c a l o ppo n e n t s

By Prof. Jose Maria Sison NDFP Chief Political Consultant

By using the ploy of abolishing the death penalty for the worst common criminals, the Arroyo regime tries but fails to gloss over its extrajudicial killings of hundreds of political opponents.

The whole world knows Oplan Bantay Laya is a national campaign plan to at-

The Lies of GRP Officials on Extrajudicial Killings

tack the people in suspected guerrilla fronts and those who oppose the regime in the legal political arena.

Philippine and international human rights organizations have documented the extrajudicial killings of 690 men and women and the abduction and probable torture and murder of 180 others. All the victims are known to have actively exercised their freedom of opinion and expression, have opposed the policies of the Arroyo regime and have called for the ouster of Gloria M. Arroyo and for a change of government.

Gloria M. Arroyo and her cabinet oversight committee on internal security are directing and micro-managing Oplan Bantay Laya for the vain purpose of weakening and destroying the broad united front of opposition forces by unleashing all-out war against the armed revolutionary movement as well as against the legal democratic movement.

They have boasted that they could use the abolition of the death penalty for the worst common criminals to effect my deportation from The Netherlands to the Philippines. They are once again showing off that they can extend their hand of persecution to where I am. In fact, they are merely exposing themselves as ignoramuses in international law.

The European Convention on Human Rights (ECHR) and the Refugee Convention prevent the Dutch government from returning me to the Philippines. Article 3 of the ECHR prohibits the Dutch government from forcing me to return to the Philippines or any other country where I am at risk of being subjected to torture, inhuman and degrading treatment or punishment.

The extrajudicial killings and the abductions of the political opponents of the Arroyo regime underscore the condition of rampant torture and inhuman and degrading treatment in the Philip-

pines. The abolition of the death penalty for the worst common criminals fails to dispel the fact that hundreds of the political opponents of the regime have been murdered and abducted for probable torture and murder.

There is no extradition treaty between the Dutch and Manila governments. Even if there were one, politically-motivated charges invalidate a request for extradition. From year to year, the Arroyo regime fabricates and hurls the charges of rebellion and the common crime of murder against me.

But these have no factual and legal basis. Under Philippine and international law, the Manila government has no jurisdiction over my person while I am in The Netherlands. And neither has the Dutch government any jurisdiction over Philippine events and circumstances.

According to the Philippine Supreme Court in its recent ruling against General Order No. 5 of Proclamation No. 1017, there are no acts of terrorism in Philippine law and jurisprudence.

The US, European and other governments have made fools of themselves by listing me as a “terrorist” upon the urging of the Arroyo regime. Until now, no government dares to start any criminal investigation or prosecution on this foolish allegation against me. q 





4. Press Statement, 8 August 2006

NDFP Monitoring Committee r e i t e ra t e s p r o po s a l , c a s t i g a t e s negative reaction of GRP officials

By Fidel V. Agcaoili Chairperson, NDFP Monitoring Committee

Within the frame of the work of the Joint Monitoring Committee (JMC) in the Comprehensive Agreement on Respect for Human Rights and Interna-

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tional Humanitarian Law (CARHRIHL) as further elaborated in the Operational Guidelines for the Joint Monitoring Committee, the National Democratic Front of the Philippines (NDFP) Monitoring Committee (MC) reiterates its proposal to its counterpart in the Government of the Republic of the Philippines (GRP)-MC to form an ad-hoc committee that will conduct joint factfinding investigations into the recent cases of disappearances of unarmed civilian activists and captured suspected revolutionaries.

The ad-hoc committee shall be composed of the nominated independent observers of the GRP and NDFP in the JMC and three members each from the GRP and NDFP nominated sections in the Joint Secretariat (JS). To ensure the safety and security of the ad-hoc committee, a representative each from the Royal Norwegian Government (RNG) and the International Committee of the Red Cross (ICRC) shall sit as observers in the committee and shall join all fact-finding investigations. There is no excuse for the GRP to refuse the NDFPMC proposal.

The reactions of the PNP Director General Oscar Calderon and Philippine army chief Lt. General Romeo Tolentino to the proposal of the NDFP Monitoring Committee expose their ignorance of the content of the CARHRIHL, particularly the equal relations of the NDFP and GRP sections of the Joint Monitoring Committee. Calderon is wrong in presuming that the NDFP is subordinate to the PNP even as he pretends to welcome the NDFP proposal. Tolentino is worse for making a completely hostile reaction by outrightly rejecting the proposal and making false accusations against the revolutionary movement.

However, the worst reactions have come from national security adviser Norberto Gonzales and his mentor, Je-

suit priest Fr. Romeo Intengan, who is reputed to be an unofficial adviser of Gloria M. Arroyo. They do not only reject the NDFP proposal but they also justify at length the extrajudicial killings and disappearances committed by the military death squads of the Macapagal-Arroyo regime.

First, they label the victims communists or communist sympathizers/ supporters and insinuate that they are therefore without human rights and are subject to extermination by the military and police. Then they make the preposterous claim that the victims were killed or disappeared in so-called internal purging. They are actually providing the military rationale for the continued extrajudicial killings and disappearances of unarmed civilian activists and captured suspected revolutionaries, in complete disregard of human rights covenants and international humanitarian law.

With their rabid anti-communist blinders, Gonzales and Intengan deny the following facts: 1. The testimonies of witnesses and the victims-relatives on the identities of the perpetrators, the circumstances of the killings and disappearances, and the known organizational affiliation of most of the victims who belonged to the militant legal democratic movement opposed to the corrupt and brutal Arroyo regime; 2. The pattern and brazenness of the killings which only persons in authority and with resources can perpetrate with no fear of prior discovery and arrest (usually warning the victims first of their activities as in the case of Noli Capulong, visiting them as in the case of Sotero Llamas, or identifying them as NPA supporters as in the case of Juvy Magsino; the use of motorcycles or tinted vans with no plate numbers; the assassins wearing bonnets or brazenly

The Lies of GRP Officials on Extrajudicial Killings

entering houses and shooting their victims in the presence of their families); 3. The intimidation and harassment of witnesses like those who witnessed the abduction of Eden Marcellana and Eddie Gumanoy; and the killings of witnesses like those of Isaias Manano in Oriental Mindoro who witnessed the killing of Choy Napoles, Marcelino Beltran who testified against the military on the Hacienda Luisita massacre, and Ofelia “Perla” Rodriguez who testified against Jovito Palparan in a public forum; 4. The lobbying by the Arroyo regime with the US and European governments for the inclusion of the CPP, NPA and Prof. Jose Maria Sison in the so-called terrorist list which was then used conveniently to justify the extrajudicial killings and disappearances of so-called terrorists; 5. The escalation of extrajudicial killings and disappearances after the launching of Oplan Bantay Laya in 2002, hoping to ride on the US war of terror against legitimate national liberation movements and countries asserting national independence; 6. The promotions, rewards and praises heaped by Gloria MacapagalArroyo on identified human rights violators and electoral manipulators such as Hermogenes Esperon, Romeo Tolentino and Jovito Palparan, which make international human rights observers conclude that a climate of impunity exists in the country; 7. The observation of the Royal Norwegian Government that it is unlikely that the killings nor trend of killings can be explained away as purges being committed within the progressive Left movement; and 8. The results of numerous national and international fact-finding missions which found the Arroyo regime culpable for systematic and widespread vio-

lations of human rights such as those conducted by the World Council of Churches, the International Solidarity Mission, the Citizens’ Congress for Truth and Accountability, an investigating team of Amnesty International, a delegation of women lawyers from the National Lawyers Guild of the US, the Lawyers for Lawyers and Lawyers Without Borders of The Netherlands and Belgium, and the Hong Kong FactFinding Committee, among others.

GRP’s National Security Adviser Norberto Gonzales and Jesuit priest Fr. Romeo Intengan are professional anticommunist witch hunters, who are no different from the inquisitors during the medieval period in Europe and the McCarthyites of recent times. These bloodthirsty ultra-reactionaries cannot claim moral ascendancy over the NDFP nor pretend to know more about its workings.

Gonzales and Intengan like to call themselves social-democrats. But they are a far cry from, or have no affinity whatsoever with, the European variety that tends to uphold the libertarian tradition of the bourgeoisie. This anticommunist duo are more of the clerico-fascist type of Franco’s Falangists in Spain and the Philippines. q 





5. Press Statement, 19 August 2006

G M A i s m a s t e r m i n d o f n a t i o n w i de s l a u g h t e r of legal activ ists

By Prof. Jose Maria Sison NDFP Chief Political Consultant

Philippine-based and international human rights organizations and fact-finding missions have gone to the scenes of the crimes of extrajudicial killings and abductions of legal activists.

They have examined all available evidence and the testimonies of surviving

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victims and other witnesses among the close relatives, neighbors, friends and colleagues of the victims in the mass organizations, churches and professional associations.

They have exerted due diligence to make their findings and conclusions.

They deserve all commendations for bringing to light the truth about the extrajudicial killings and abductions perpetrated by the death squads of the Arroyo regime. They are motivated by a high sense of justice and respect for the human rights of the hundreds of victims, including workers, peasants, women, youth, teachers, students, human rights advocates, lawyers and judges, pastors and priests, journalists and environmentalists.

They have found it useless and even dangerous to depend on the scanty, partial and misleading sham investigations done by the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP). However, they have accorded due respect to the Commission on Human Rights for having acted on complaints and for having held the government responsible for failing to stop so many extrajudicial killings and abductions and allowing these to proceed with impunity.

It has long been an “open secret” that no less than Gloria M. Arroyo is in charge of the US-instigated scheme to use state terrorism to destroy the revolutionary movement in the Philippines under the US policy of “war on terror.” Phoenix Program veteran executive secretary Eduardo Ermita and another US factotum, national security adviser Norberto Gonzales, have long proclaimed that the legal activists are being killed because they are allegedly communists and that anyway the communists could also be blamed for carrying out “purges.”

Under her over-all direction, the cabinet oversight committee and the anti-terrorism task force have planned and carried out Oplan Bantay Laya, with one component using the military and police forces to assault the armed revolutionary movement in suspected guerrilla fronts, and the other component using death squads to murder and abduct legal activists. Arroyo also seeks to keep herself in power by weakening or destroying both the legal opposition and the armed revolutionary movement.

Oplan Bantay Laya is patterned after the murderous Phoenix Program, carried out by the US in its war of aggression against Vietnam in the 1960s.

The national internal security plan of the Arroyo regime aims to discredit the revolutionaries and their suspected supporters in every possible way and then use death squads with unwritten orders to kill the suspected supporters and blame the revolutionaries for the murder. It is a dirty game being replayed by US agents and their assets in the Philippines, like Arroyo, Eduardo Ermita and Norberto Gonzales.

Confronted by the findings and conclusions of the human rights organizations and fact-finding missions, Gloria M. Arroyo makes pretenses only this year at taking action on the widespread complaints against the extrajudicial killings and abductions of legal activists. In May she pretended to launch Task Force Usig. But this would preoccupy itself with putting the blame on the revolutionaries, on the victims for supposedly being associated with the revolutionaries and on their relatives for refusing to be investigated.

In her state-of-the-nation address (SONA) in July, she pretended to condemn the extrajudicial killings but gave high praise to the most notorious butcher, General Palparan. Then she

T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 7 5

pretended to demand the solution of 10 cases in ten weeks’ time. Before public derision for this piece of tokenism could subside, more victims were shot dead by the death squads. The psywar mills of the palace, the national security adviser, the AFP and PNP spewed out the lie that the revolutionaries were engaged in “purges.”

Hard pressed by the telling reports of human rights organizations, especially Amnesty International, Gloria M. Arroyo has artfully announced that she would form a commission to undertake the investigation of the killings of journalists and legal activists. But such a commission is actually intended to pull the rug from under the already existing Commission on Human Rights. It can only depend on the sham investigations of the police agents of Arroyo and can only end up with trying to uphold the malicious claims of the regime against the victims, the legal opposition and the revolutionary movement.

No solution to the extrajudicial killings and abductions can be expected from the tyrant herself, the practitioner of state terrorism and mastermind of the nationwide slaughter of legal activists. And no real and honest investigation can be expected from the PNP, the AFP and the department of justice because their preoccupation is to cover up and let the death squads continue their dirty work, to put the blame on the victims and the revolutionaries and to discredit the human rights organizations and fact-finding missions that have exposed the truth.

Under the present circumstances, the people are looking for various ways to obtain justice beyond the confines of the oppressive regime. The current reign of terror and greed is generating popular resistance. The time will certainly come for satisfying the people’s

demand for justice and punishing the criminals. q 

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6. CPP Information Bureau Press Release, 26 August 2006

A r r o y o ’s “ B l a m e t h e N PA ” s pi n c a m pa i g n b o u n d t o f a i l — C P P The Communist Party of the Philippines (CPP) today said a “Blame the NPA” spin campaign is obdurately and maliciously being carried out by the Arroyo regime to cover up its responsibility for the political killings perpetrated under its orders by its own military, paramilitary and police forces, and deflect the flak from local and international human rights advocates, civic organizations, church groups and many others appalled at the regime’s worsening human rights record.

CPP spokesperson Gregorio “Ka Roger” Rosal said that “Under the lead of Arroyo and her national security cabinet cluster, her military and police officials have acquired the bad habit of automatically blaming political killings on the NPA. They are honing their skills at fakery and concocting one fairy-tale after another.”

“They are doing so to allow the real fascist criminals – none other than themselves and their henchmen – to escape responsibility and deny justice to the victims,” added Rosal.

With the Arroyo regime obviously fixated on its “Blame the NPA” spin, Rosal has become even more skeptical that any so-called investigation ordered by President Gloria Arroyo will ever unearth the truth.

Rosal pointed out how the PNP’s Task Forces Usig made the “absurd claim” several days ago that three prominent progressive leaders from Eastern Visayas were killed by the NPA for “financial opportunism.” The Task

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Forces Usig was assigned supposedly to investigate the spate of political killings of activists and media practioners.

Rosal “vehemently denied” that NPA was responsible for the killing of Paquito “Pax” Diaz, chairman of the Confederation for the Unity, Recognition and Advancement of Government Employees (Courage)-Eastern Visayas; lawyer Fedelito C. Dacut, regional coordinator of Bayan Muna-Eastern Visayas; and Rev. Edison Lapuz, council member of the Promotion of Church People’s Response in Eastern Visayas.

Rosal expressed that the organizations to which these victims belonged deny the spurious and malicious allegations and attest to the spotless integrity of their character and their selfless devotion to their causes and the primacy of the people’s interest.

“We were informed that Diaz, Dacut and Lapuz were all beyond reproach, respected and loved by the people they helped organize in the fight for justice and redress of grievances and in the struggle for democratic rights and welfare of these people,” Rosal said. “It is extremely foul for the Task Force Usig to claim that the three were killed because they were engaged in so-called financial opportunism. The PNP has resorted to such dirty tactics with the vilest double-intent of sullying the prestige and reputation not only of the NPA but also of the victims themselves.”

Rosal also dismissed as “totally ridiculous” the claim by Task Force Usig that the NPA was behind the killing of former CPP-NPA leader Sotero Llamas in Albay, as well as that of Hermilito Marqueza, leader of the Kapunungan sa mga Maguuma sa Surigao del Sur (United Farmers Union of Surigao del Sur, a local chapter of the Kilusang Magbubukid ng Pilipinas).

Rosal said that the Arroyo regime in chorus with the AFP and PNP is again

deliberately trying to further muddle the issue by now bringing into the picture other so-called Leftist groups the CPP-NPA considers as traitors and collaborators with the AFP and PNP. “The regime is trying to create more bloody intrigue by now including these renegades among those to be blamed for the political killings. The regime now wants the political killings done by the regime and its military, police and paramilitary forces to also insinuate an internecine fight between the CPPNPA and renegade groups.” Rosal noted that the police—and Gloria Arroyo herself—has blamed a supposedly selfconfessed member of a pseudo-Left group for the murder last Thursday of labor lawyer Rodolfo Paglinawan, union counsel of workers in PurefoodsHormel in Marikina City. q 

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7. CPP Information Bureau Press Release, 9 September 2006

I n pr o m o t i n g Pa l pa ra n , A r r o y o pr o m o t e s h i s br u t a l f a s c i s t m e t h o ds n a t i o n w i d e — C P P CPP spokesperson Gregorio Rosal issued the following statement in reaction to Malacañang’s announcement yesterday of Maj. Gen. Jovito Palparan’ promotion as National Security Council (NSC) deputy for counter-insurgency operations upon his retirement from the Philippine Army on September 11: “In Gloria Arroyo’s last State of the Nation address, she unabashedly declared her appreciation and admiration for Maj. Gen. Jovito Palparan’s fascism and his bloody record of human rights abuses and military suppression. Her promotion of Palparan to the NSC is another demonstration of her delight at her fascist general and a nationwide endorsement of his brutal fascist methods.

The Lies of GRP Officials on Extrajudicial Killings

Palparan’s promotion graduates him from his brutal experiments in Mindoro, Eastern Visayas, Central Luzon and officially extends throughout the whole nation and with greater intensity and ruthlessness his fascist methods of murder, Gestapo-like abductions, torture, illegal detentions, saturation drives, cedula requirement, population control and other forms of virtual martial rule in areas which the military suspects to be under revolutionary control or influence.

As Arroyo repeatedly expresses her intense pleasure at General Palparan’s fascism, she further exposes her utter contempt for human rights and for the victims of General Palparan’s martiallaw style abuses in Mindoro, Eastern Visayas, Central Luzon and elsewhere, as well as other victims of her regime’s gross human rights violations.

At the same time, Arroyo signals to the entire Armed Forces of the Philippines (AFP) and its numerous death squads attached to the various local military commands the escalation of armed attacks against the legal protest movement and unarmed civilians even in urban and town centers.

As head of various units of the Philippine Army, General Palparan has been the devoutest and most blatant implementor of the Arroyo regime’s national security policy of liquidating, abducting and torturing unarmed activists and terrorizing legal, democratic mass organizations and the communities under their influence.

By putting him in the NSC, Palparan’s openly militarist fascism is combined with Norberto Gonzales’ clerico-fascism. Arroyo wants the rabid fascist tandem to take charge of designing, laying down and supervising the nationwide implementation of policies and orders for more vicious attacks against the people, particularly the rev-

olutionary forces, the legal, democratic movement and other opposition forces.

We enjoin the patriotic and democratic officers and members of the armed forces and police to protest and reject General Palparan’s appointment to the NSC. General Palparan’s promotion emphasizes the need for all the people to intensify their struggle to defend their human rights, seek justice for the hundreds of thousands of victims of fascist and military abuse and demand the ouster of the rotten and detested Arroyo regime.

Arroyo’s blatant display of love for the cruelest and most notorious fascists underscores the urgency for the revolutionary forces and the entire Filipino people to more vigorously carry forward the people’s war and help in accelerating the downfall of the increasingly fascist US-Arroyo regime.” q 

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8. Press Statement, 14 September 2006

Clear signs that GMA will n o t s t o p bu t w i l l e s c a l a t e e x t ra j u di c i a l k i l l i n g s

By Fidel V. Agcaoili Chairman, NDFP Human Rights Committee

Gloria M. Arroyo is the one most benefited by the extrajudicial killings of those who legally oppose her rule.

She is known to brag that she cannot be removed from power so long as she can preempt and neutralize her Left political opponents with the extrajudicial killings and the breakup of protest rallies before these grow big.

Although she is now being exposed as the mastermind of the extrajudicial killings, she is not at all deterred and is in fact showing clear signs that she will not stop but will escalate the extrajudicial killings and abductions of pro-

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gressive legal activists who oppose her regime.

1. She has refused to heed the advice of Sen. Aquilino Pimentel to act as the de facto commander-in-chief and issue the order to the military, police and death squads to cease and desist from further committing their dastardly acts.

The death squads are actually composite teams of killers from the military and police under the direct operational orders of military intelligence groups.

2. She has not instructed the Cabinet Oversight Committee on Internal Security and the Presidential Task Force Against Terrorism headed by General Eduardo Ermita to scrap the policy of mass murder under Oplan Bantay Laya and to stop giving over-all direction to the extrajudicial killings and abductions and to the psywar campaign of slander and intrigue by putting the blame for the crimes on the revolutionary forces.

3. She encourages the spread of intrigue by her top cabinet officials (especially the executive secretary, national security adviser, justice secretary and press secretary) and the military and police that the revolutionary forces are killing the legal activists, despite the overwhelming testimonies that the military and police are the killers, from the surviving victims, witnesses and the close relatives, colleagues and friends of those extrajudicially killed.

The butcher type of generals like Jovito Palparan, Pedro Cabuay and Romeo Tolentino have been promoted rapidly and are further rewarded with appointments that allow them to continue their dirty work even after retirement.

4. She encourages the propagandists of her office, her national security adviser, her press secretary and the military and police to churn out the most vicious lies against NDFP chief political consultant Prof. Jose Maria Sison,

NDFP negotiating panel chairperson Luis Jalandoni and Bayan Muna Rep. Satur Ocampo. They are blamed for the most obvious fabricated allegations in order to deflect attention from the current infamy of Arroyo and the killing spree of the military and police under the Arroyo regime.

5. She has formed Task Force Usig of the PNP to cover up the criminal responsibility of the military and police and to put the blame on the revolutionary forces for the extrajudicial killings.

Before it could solve only 10 cases in ten weeks, the number of extrajudicial killings leaped from 720 (at the time of its formation) to 750 (as of this date).

6. She has formed the Melo Commission for whitewashing purposes. It is composed mostly of barefaced lackeys of the regime. It has no independence. It gets its measly resources from the military. It is dependent on the false claims of the Task Force Usig. It is obviously intended to counter the Commission on Human Rights.

7. She has pretended to welcome fact-finding missions from European countries. But she is actually trying to counter the findings and recommendations of the factfinding missions of Amnesty International, World Council of Churches and the professional organizations of journalists, lawyers and others. She has refused to welcome the visits of the rapporteurs of the UN agencies dealing with human rights issues. In this regard, she has ignored the demands of Sen. Jamby Madrigal.

No matter how tricky and treacherous, the Arroyo regime will not be able to escape an ignominious end. The broad masses of the people will ultimately get rid of a regime that is so despicably servile to foreign interests and so greedy, corrupt, brutal and mendacious. q

The Lies of GRP Officials on Extrajudicial Killings

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9 . P r e s s S t a t e m e n t , 1 6 S e pt e m b e r 2006

Arroyo cannot be expected t o comply with memorandum o f Amnesty International

By Prof. Jose Maria Sison N D F P C hi e f Po l i t i c a l C o n s u l t a n t

Driven by self-interest and malice, Gloria M. Arroyo cannot be expected to comply with the memorandum of the Amnesty International for ensuring that the Melo commission is transparent, its investigation is independently conducted and leads to accountability and justice for the victims, in accordance with international standards and principles of inquiry for independent commissions on human rights violations.

In the first place, the extrajudicial killings and adductions of unarmed legal activists who oppose the Arroyo regime have been perpetrated with impunity by the military, police and death squads within the framework of Oplan Bantay Laya under the US-dictated policy of “anti-terrorism” and have served Arroyo in her drive to suppress opposition and to retain power.

Arroyo created the Melo commission in a futile attempt to counter the findings and conclusions of fact-finding missions of local and international human rights organizations, churches and professional organizations of journalists, lawyers and others and to mislead the people of the Philippines and the world who have been outraged by the extrajudicial killings and abductions.

The Melo commission is a complete creature and tool of Arroyo. It consists mostly of barefaced flunkeys of her regime. Its measly funding comes from one of the departments under Arroyo.

It depends on the sham investigation and disinformation done by the mili-

tary and police forces that are the ones accused of the extrajudicial killings and abductions by the surviving victims and the colleagues, close relative and friends of those who have been murdered or disappeared.

The Melo commission has not given priority to looking into the complaints about 752 victims of extrajudicial killings and 185 abductions of leaders of party list groups, trade unionists, peasants, youth and students, women, journalists, human rights advocates, lawyers, judges, priests and pastors and other victims. The cases of these are well-documented by the human rights organizations independent of the Arroyo regime.

But the Melo commission has given highest priority to giving AFP chief of staff Hermogenes Esperon a platform for asserting that the military establishment is innocent of the extrajudicial killings and abductions and for slandering the revolutionary forces and putting the blame on them. The commission has also given the PNP Task Force Usig the platform for peddling the patent lie that 36 per cent of the aforesaid crimes are committed by the revolutionary forces.

The brazen lie of the reactionary military and police that the revolutionary forces kill and abduct progressive legal activists is calculated to facilitate further extrajudicial killings and abductions. This crime of bloody intrigue was a favorite dirty tactic of US psywar experts in the Phoenix Program in Vietnam in the 1960s. The Melo commission is designed to justify further extrajudicial killings and abductions and not to stop them. The people have better chances of seeking justice by engaging in various forms of struggle and ousting the Arroyo regime. q 

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1 0 . P r e s s S t a t e m e n t , 2 O c t o b e r 2 006

Sham investigation proves Arroyo is engaged in double t a l k B y F i d e l V. A g c a o i l i C h a i r pe r s o n , N D F P H u m a n R i g h t s Committee

By now, it should be clear that the Arroyo regime’s much-hyped investigation of the string of extra-judicial executions, abductions and enforced disappearances committed by her own death squads and special psyops victimizing outspoken critics and other progressive forces is just a big sham.

What is happening since the President of the Government of the Republic of the Philippines (GRP) Gloria M. Arroyo pledged to look into these cases is actually more killings, a counter black propaganda, more deceptions and, worst of all, whitewashing.

More than a month after its formation, all that Arroyo’s Melo Commission has accomplished is to confirm wellfounded suspicions that it is nothing but a whitewashing mechanism whose task is to exculpate the reactionary president and her generals from liability for the killings. Meantime, attempts are being made by the reactionary government to make investigations of recent human rights incidents more dangerous as it gears for the escalation of extra-judicial killings, abductions and enforced disappearances.

Members of the Melo Commission are just following the script already contrived by Arroyo and her generals.

First, they violate the basic tenets of investigation by calling on the suspects first – including the butcher general, Jovito Palparan, and Armed Forces of the Philippines chief Gen. Hermogenes Esperon, Jr. – to use the forum to exonerate themselves and blame the New People’s Army (NPA) for the killings, instead of inviting the grieving fami-

lies of victims to hear their complaints.

By harping that there is no “direct evidence” to link Palparan to the killings, to quote their own chief legal counsel, they make sure that the families of the victims – along with their eyewitnesses and evidences – will shut themselves out of the investigation forever.

As the mock investigation is truly unmasking itself as a cover up for the masterminds and the executioners alike, efforts are being made to cover the tracks of perpetrators of political killings. The national police, which is the military’s conduit in Oplan Bantay Laya, is fully cooperating with the AFP in making sure that the identities of death squads and special psyops responsible for the spate of extra-judicial killings and other atrocities remain secret and that investigations conducted by non-government human rights organizations are made more hazardous.

Recently, the AFP and the Philippine National Police (PNP) signed a memorandum of agreement directing the police to cordon off “conflict areas” and “scenes of the crime” from human rights organizations, civilians and other volunteer groups at the risk of being arrested for “rebellion” or “obstruction of justice.” The agreement will make politically-motivated killings and other atrocities to be committed with greater impunity and further shields the perpetrators from investigation and prosecution.

Elsewhere, investigations being done by some concerned members of the House of Representatives on the killings have also been suspended. For months, the reactionary regime’s Department of Justice has been sitting on about 450 human rights cases that the Commission on Human Rights has investigated and submitted to the DOJ for immediate prosecution.

The Lies of GRP Officials on Extrajudicial Killings

Proof that the reactionary regime is bent on escalating its political persecution campaign while mouthing lies that it intends to put a stop to the killings is the billions of pesos it has committed for the AFP-PNP’s counter-insurgency campaign while giving only crumbs for the Melo Commission. Arroyo has also received commitments from the US Pacific Command to send more special forces to the Philippines to conduct counter-insurgency training and unconventional warfare – the euphemism for political assassinations – for the AFP. The AFP, in turn, will continue to reorient the PNP in counter-insurgency.

It is clear that the reactionary Arroyo regime, so despised by the Filipino people, continues to engage in doublespeak. It makes the motions of investigating the string of political killings in order to appease international human rights organizations and institutions but is in fact erecting more walls and shields for its genocidal operations.

No wonder more and more Filipinos suspect that the Melo Commission is nothing but a reserved part of the regime’s Oplan Bantay Laya whose role is to make the commission of extra-judicial killings, abductions and enforced disappearances without any legal encumbrance by making sure that the security forces are exonerated from these crimes against humanity and in conditioning the public mind that the killings are just part of the revolutionary movement’s “internal purge.”

Nobody is buying these tricks, however.

It is high time for the Filipino people and their mass organizations, as well as international organizations and institutions to keep up the pressure on the despicable Arroyo regime and resist the fascist terror that it has unleashed on the masses, particularly against its

most vocal critics and political dissenters. q 

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11. Press Statement, 31 January 2007

N D F P ’s r e s po n s e t o t h e C B C P s t a t e m e n t o n e x t ra j u d i c i a l killings

By Luis G. Jalandoni Chairperson, NDFP Negotiating Panel

The National Democratic Front of the Philippines (NDFP) welcomes the statement of the Catholic Bishops’ Conference of the Philippines (CBCP) in condemning the extrajudicial killings of activists, which adds in particular that the Arroyo government and the military’s response to these incidents is “not too convincing.”

However, the CBCP statement signed by its President, Archbishop Angel N. Lagdameo, D.D., on January 28, 2007 is tame in comparison to the positions of concern taken by many other Church organizations as well as human rights institutions from the Philippines and abroad. Alarmed by the unabated killings and involuntary disappearances of suspected Leftists, their expressions of concern have pointed to the government security forces as the perpetrators of the extrajudicial killings and involuntary disappearances as they criticized also the investigation bodies formed by Ms. Gloria M. Arroyo as either a failure or as intended to cover up the responsibility of the state security forces.

We take exception to the CBCP statement pointing to the extrajudicial killing of farmers as also perpetrated by “leftist” groups and by the New People’s Army when their only “crime” to quote the statement, “is their inability to pay the ‘revolutionary tax’ demanded of them by the NPA.” We ask the CBCP to take prudence instead of

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saying that “leftist groups” are also behind the killings considering that this is the same line mouthed by the regime’s psywar and disinformation agencies.

The Catholic leadership may fall into the trap of being used by the perpetrators themselves.

We would like to emphasize that the NPA, whose main force is the peasantry long subjected to feudal exploitation and oppression, does not exact “revolutionary tax” from the peasants much less “kill” them for failure to obey.

Since its founding, the NPA has been in the frontline of launching agrarian revolution in the countryside, in particular, carrying out the reduction if not elimination of big landlord usury and, in areas where conditions are ripe, undertaking forms of land distribution.

NPA cadres and members have continuously carried out literacy and medical campaigns especially in areas where the masses have not seen any form of government service for decades.

The NPA has scored great successes in addressing the peasants’ basic problems and in empowering the poor toward social and economic restructuring.

But perversely, the U.S.-backed Arroyo regime has reacted by stepping up militarization in the countryside leading to the gross and systematic violations of human rights and flaunting the regime’s sham Comprehensive Agrarian Reform Program (CARP) which the Filipino peasantry has long ago rejected.

Despite the reactionary regime’s relentless campaigns against the NPA and its alleged front organizations’ leaders and members, the NPA has expanded to more than 120 guerrilla fronts all over the Philippines. The all-out support extended by the Filipino peasants in many provinces where the NPA operates and their readiness to join the people’s Red Army anytime and anywhere, only show that the armed revolutionary un-

derground does not need to engage in imposing “revolutionary tax” the way all reactionary governments, past and present, exact billions of pesos in taxes from the Filipino people that in the end are pocketed by corrupt politicians and bureaucrats resulting in the greater impoverishment of the masses.

It is advisable that the CBCP take into account this reality. We wish to issue a strong call for the bishops to match their words with action with regard to the CBCP call for the implementation of a better CARP by not waiting for any illusory response by the Arroyo regime but by immediately extending effective support to the Filipino peasantry’s collective struggles in the countryside for genuine agrarian reform and their urgent demand – as endorsed by many Church organizations in the Philippines and abroad – to end the Arroyo regime’s militarization of the countryside. q 

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12. Press Statement, 3 February 2007

U S - A r r o y o r e g i m e i s c u l pa b l e and accountable for assassinations under Bantay Laya I & II

By Fidel V. Agcaoili Chairperson, NDFP Human Rights Committee

The survivors and families of victims of political assassinations and other violations of human rights cannot expect justice under the regime of GRP President Gloria M. Arroyo for the plain reason that it is culpable and accountable for these under Bantay Laya I and II. The fact that Mrs. Arroyo has refused to disclose the full report of the so-called Melo Commission confirming to some small extent military involvement in the killings shows a fear for the

The Lies of GRP Officials on Extrajudicial Killings

truth and a desperate effort to hide her criminal command responsibility.

Two days ago, Mrs. Arroyo seemed to confirm long-standing accounts that government security forces have been involved in extrajudicial killings and involuntary disappearances of activists suspected to be “front leaders and members” of the armed revolutionary movement, mentioning in particular the involvement of the “butcher,” former Army general Jovito Palparan. But just the following day, she exonerated the entire Armed Forces of the Philippines (AFP) and reiterated the findings of the discredited Task Force Usig blaming “leftist groups” for the killings, and human rights organizations for engaging in disinformation.

These latest moves by the Arroyo regime all the more buttress earlier assertions that the gross and systematic violations of human rights perpetrated by security forces is state policy, the authority for and implementation of which can only originate from the president and the commander-in-chief of the AFP. Mrs. Arroyo has no interest in pursuing the truth behind the atrocities.

She is dependent on the military malefactors for her political survival. She arrogantly boasted of her brutal counter-insurgency campaign, now dubbed as Oplan Bantay Laya II. She is actually opposed to letting the military be subjected to independent investigation.

She fears that such investigation would most surely link the killings to herself and her military loyalists. She needs her generals more than ever to ensure her party’s “victory” in the coming May 2007 elections.

The European Union and leading Church institutions are well-advised to demand the full disclosure of the Melo Commission report first and criticize its slanted and largely false character

before they can consider bowing to the suggestion of Arroyo and her minions that the commission extends its sham investigation. What they should do now is to support demands by human rights groups and other organizations in the Philippines and abroad for the creation of an independent investigation commission that has the power to ferret out the truth and bring the perpetrators of these political crimes to justice. q 

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13. Press Statement, 23 February 2007

A l s t o n pr e s s s t a t e m e n t a n d M e l o C o m m i s s i o n r e po r t h o l d A r r o y o r e g i m e a n d m i l i t a r y a c c o u n t a bl e f o r e x t ra j u d i c i a l k i l l i n g s

By Prof. Jose Maria Sison NDFP Chief Political Consultant

The press statement of the UN special rapporteur on extrajudicial, summary or arbitrary executions Prof. Philip Alston and the report of the Melo commission put forward important findings and conclusions that hold the Arroyo regime and the Armed Forces of the Philippines (AFP) accountable for extrajudicial killings and other human rights violations from 2001 to the present.

Alston asks the top officials of the Philippine reactionary government to acknowledge the reality of the extrajudicial killings and to issue a statement from the very top, from the President, from the Secretary of Defense, and certainly from the AFP chief of staff saying that extrajudicial killings will not be tolerated. He avers that the extrajudicial killings are convincingly attributed to the military by the victims and their families.

Alston falls short of spelling out the culpability of de facto president Gloria M. Arroyo as AFP commander-in-chief and her cabinet oversight committee on

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internal security for adopting and carrying out the policy of state terrorism and the operational plan Bantay Laya I and II, in line with the Bush global war of terror.

However, Alston states that the allout war policy has driven a part of the military to commit extrajudicial killings. He describes as unconvincing the false claim and intrigue of AFP chief of staff General Hermogenes Esperon, Jr. that the victims of extrajudicial killings are communists but are “purged’ by the communists on suspicion of being spies or malversing party funds.

It is well-known that the Communist Party of the Philippines (CPP) launched the Second Great Rectification Movement in 1992 as an educational movement to reaffirm basic revolutionary principles and criticize, repudiate and rectify the grave errors and crimes committed by renegades against the right to due process in socalled anti-informer campaigns mainly in the years of 1985 to 1988.

The report of the Melo commission repetitiously and obsequiously praises and exculpates Gloria M. Arroyo and insults the revolutionary movement.

But it establishes that there is a grave problem of extrajudicial killings perpetrated by what it estimates as “a small group of military rogues.” It considers as credible and convincing the information drawn from sources other than the families of the victims and the human rights organization Karapatan that the military is responsible for the extrajudicial killings.

The Melo report takes to task AFP chief of staff General Esperon for failing to prevent, investigate and punish those responsible for extrajudicial killings in accordance with the principle of command responsibility and the rule of law. The commission holds General Palparan responsible for the

extrajudicial killings and abductions of unarmed activists within his previous areas of command and for making statements condoning and encouraging these atrocities.

The Melo report exposes the selfcontradictions in the false claim and intrigue of the military that the extrajudicial killings are the result of an “internal purge” within the ranks of the revolutionary forces. It finds credible and convincing the testimonies of the surviving victims and the families of the victims. Although the Melo commission was boycotted by them, it was able to rely on the investigations and documentation of the Human Rights Commission and other sources.

The Alston mission is restrained by considerations of the Philippines being a member-state of the United Nations and having representatives in the human rights treaty bodies of the UN. The Melo commission is even more limited by the fact that it is a creature of Gloria M. Arroyo, lacks independence and ample resources of its own and does not enjoy the full confidence of the families of the victims and the human rights organizations. After trying to mothball the Melo report because of its criticism of the military, the Arroyo regime has been compelled to release it only because of the demands of UN agencies, the European Commission, human right organizations, the general public and others.

The families of the victims of extrajudicial killings and other human rights violations and the broad masses of the people are pleased with the positive points in the Alston press statement and the Melo commission. They have yearned for justice for so long that they welcome any glimmer of hope. At the same time, they are concerned that the Arroyo regime will continue to push the military, police and paramilitary forces

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to commit more human rights violations in line with Oplan Bantay Laya, especially after she signs the Anti-Terror Act. Gloria M. Arroyo has reacted to the Alston statement and Melo report by pretending to accept them gracefully but insisting that 99.9 per cent of her armed minions are “good.” She lets her executive secretary Ermita, justice secretary Raul Gonzales and General Esperon badmouth Alston. Without any sense of honor and shame, Esperon repeats his lies against me in a futile attempt to deflect attention from his exposure as a liar by the Alston statement and even by the Melo report.

Esperon misrepresents as victims of the New People’s Army those massacred by the Philippine Army in 1984 in Leyte. He claims that an “internal purge” within revolutionary ranks started from that time and has continued up to the present. He is caught lying by claiming that Satur Ocampo, Luis Jalandoni and I signed the socalled purge order in Leyte in 1984. At that time, Satur was detained in Bicutan. I was in solitary confinement in Fort Bonifacio. And Louie had been a refugee in Europe since 1977.

Esperon also makes the false claim that I identified certain legal mass organizations like Bayan, Kilusang Mayo Uno, Kilusang Magbubukid ng Pilipinas, Gabriela and League of Filipino students not as legal “national democratic forces” but as “front organizations” of the National Democratic Front of the Philippines (NDF). He uses an old doctored film clip of me delivering a lecture in Brussels, Belgium in 1987.

The military psywar experts conflated a passage of my speech enumerating the legal democratic organizations and another passage mentioning the NDF. Only an imbecile would dare to misrepresent me as being ignorant of the

underground organizations of the NDF and confusing them with legal democratic forces in the Bayan multisectoral alliance. What is the point of Esperon in making all the foregoing false claims against me? To “prove” that I have identified legal organizations as belonging to the NDF and to “justify” the military in threatening and murdering legal activists?

So long as the US-directed Arroyo ruling clique is in power, it is impossible for the victims of human rights violations to obtain justice through the legal channels in the Philippines. Before a single military officer can be held responsible for any of the hundreds of extrajudicial killings, there shall have been more victims of human rights violations. And Arroyo shall have signed the Anti-Terror Act and begun to use it as a bludgeon to attack the broad range of opposition forces, especially the legal progressive organizations. The Arroyo regime is goading the people to wage all forms of resistance. q v

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14. Press Statement, 9 March 2007

C h a r g e o f m u l t i pl e m u r d e r i n L e y t e i s a pa t e n t l i e

By Prof. Jose Maria Sison NDFP Chief Political Consultant

Time and again I have denied the repeated false charge by the military that I am responsible for murders in Leyte from 1984 to 1986.

The charge is a patent lie, for the following reasons: 1. I was in the maximum security detention center of the Armed Forces of the Philippines in Fort Bonifacio from 1977 onwards. I was in solitary confinement up to 1985. I was never in any position from 1984 to 1986 or at any other time to sign any kind of order to kill people in Leyte or anywhere else in

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the Philippines . After my release from military detention in March 1986, I concentrated on writing and speaking on national issues, organizing the People’s Party (Partido ng Bayan) and teaching in the University of the Philippines . I left for abroad in August 1986 to make a lecture tour in the Asia-Pacific region and then Europe.

2. My position as Chairman of the Communist Party of the Philippines ended upon my capture by the military in 1977. The military is lying by claiming that I exercised authority and signed an order to kill people while I was in solitary confinement. It is also a big lie the claim of the military that Satur Ocampo and Luis Jalandoni cosigned the aforesaid order and that the false witness of the military was able to read it in a few seconds. Like me, Satur Ocampo was in maximum security detention. Louie Jalandoni was abroad as a political refugee.

3. Through Fr. Santiago Salas as spokesperson, the NDFP-Eastern Visayas has exposed the fact it was the Philippines Army that controlled the area in question as a killing field and committed extrajudicial killings here from 1984 onwards. The people in the same area also aver that the Philippine Army dug up and desecrated the graves in an old cemetery in order to produce many skeletal remains for propaganda use. The Alston mission criticized as a hoax the claim of the military that these remains had come from “mass graves” of the New People’s Army (NPA).

The military, the prosecution and the judge are shameless in misrepresenting a killing field of the Philippine Army as that of the New People’s Army and are culpable for serving as the Arroyo regime’s tools of persecution. The regional trial court judge is irresponsible for dignifying the patent lie of the military and the prosecutor and issuing the

warrants for the arrest of Bayan Muna Rep. Satur Ocampo, NDFP Negotiating Panel chairperson Luis Jalandoni, myself and other people.

The judge proves himself either as a helpless tool of the Arroyo regime and the military or practically an ignoramus in Philippine law by conveniently forgetting that the prescription period for cases of murder is twenty years and by disregarding the Hernandez doctrine that the charge of rebellion absorbs all other charges. The repeated false charge of multiple murder in Leyte was already specified in a previous charge of rebellion last year.

The false charge of multiple murder is now wrenched out of the previous rebellion charge and is being drummed up in order to deflect attention from the findings and conclusions of the Alston mission and the Melo commission that military special teams or death squads are responsible for the extrajudicial killing of more than 820 unarmed legal activists and critics of the regime, including the leaders of progressive party list groups and mass organizations, journalists, religious people, human rights lawyers and others.

The false charge is also being used to derail and destroy the electoral campaign of the progressive party list groups. Thus, Rep. Satur Ocampo of Bayan Muna is one of the principal accused. The Arroyo regime is trying to arrest him and detain him indefinitely like Anakpawis Congressman Crispin Beltran on a nonbailable charge.

The false charge is a harbinger of worse times to come when the Anti-Terror Law is implemented by the Arroyo regime and state terrorism is further escalated through the proscription of organizations and the consequent punitive sanctions. It shall become so much easier for the Anti-Terrorism Council to proscribe and punish organizations and

The Lies of GRP Officials on Extrajudicial Killings

individuals on the basis of intelligence dossiers and through ex parte rulings from judges of regional trial courts.

As during the Marcos fascist regime, the victims of extrajudicial killings, abductions and torture by the military will not obtain justice against any of the culpable military and police officers. The 99 special courts created by the Supreme Court are useless for the victims and their families because the de facto president Arroyo encourages her military and police minions to commit extrajudicial killings and protects them from investigation, prosecution and trial.

Before any victim of extrajudicial killing can obtain justice, progressive parties and individuals will be proscribed and punished just by being listed as “terrorist.” At the same time, the military, police and their assets will continue to commit with impunity extrajudicial killings and other human rights violations.

The dirty tactics of the Arroyo regime and the military, which involve accusing unarmed legal activists as “communists” and “enemies of the state,” murdering them with the use of death squads and then falsely claiming that the killers are communists, is now a deeply entrenched state policy.

The Arroyo regime itself is relentlessly pushing the revolutionary forces to defend their integrity by concentrating their fire at the oppressors and bloody intriguers in power.

The dirty tactics of the Arroyo regime and its military are patterned after the Phoenix Program during the US war of aggression in Vietnam in the 1960s.

Such crimes of bloody intrigue are currently inspired by the Bush global war of terror. The US and Arroyo regime are unwittingly driving the Filipino people and the revolutionary forces to take advantage of the crisis and contradictions

within the ruling system and to intensify the people’s war against the entire ruling system. n

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8

Press Statement of Professor Philip Alston, Special Rapporteur of the UN Human Rights Council on extrajudicial, summary or arbitrary executions Februa ry 21, 2007 I have spent the past ten days in the Philippines at the invitation of the Government in order to inquire into the phenomenon of extrajudicial executions. I am very grateful to the Government for the unqualified cooperation extended to me. During my stay here I have met with virtually all of the relevant senior officials of Government.

They include the President, the Executive Secretary, the National Security Adviser, the Secretaries for Defence, Justice, DILG and the Peace Process. I have also met with a significant number of members of Congress on different sides of the political spectrum, the Chief Justice, the Chief of Staff of the Armed Forces of the Philippines (AFP), the Chair of the Human Rights Commission, the Ombudsman, the members of both sides of the Joint Monitoring Committee, and representatives of the MNLF and MILF. Of particular relevance to my specific concerns, I also met with Task Force Usig, and with the Melo Commission, and I have received the complete dossier compiled by TF Usig, as well as the report of the Melo Commission, the and the responses to its findings by the AFP and by retired Maj-Gen Palparan. I have also visited Baguio and Davao and met with the regional Human Rights Commission offices, local PNP and AFP commanders, and the Mayor of Davao, among others.

Equally importantly, roughly half of my time here was devoted to meetings

with representatives of civil society, in Manila, Baguio, and Davao. Through their extremely valuable contributions in the form of documentation and detailed testimony I have learned a great deal.

Let me begin by acknowledging several important elements. The first is that the Governmentâ&#x20AC;&#x2122;s invitation to visit reflects a clear recognition of the gravity of the problem, a willingness to permit outside scrutiny, and a very welcome preparedness to engage on this issue. The assurances that I received from the President, in particular, were very encouraging. Second, I note that my visit takes place within the context of a counter-insurgency operation which takes place on a range of fronts, and I do not in any way underestimate the resulting challenges facing for the Government and the AFP. Third, I wish to clarify that my formal role is to report to the UN Human Rights Council and to the Government on the situation I have found. I consider that the very fact of my visit has already begun the process of acting as a catalyst to deeper reflection on these issues both within the national and international settings.

Finally, I must emphasise that the present statement is only designed to give a general indication of some, but by no means all, of the issues to be addressed, and the recommendations put forward, in my final report. I expect that will be available sometime within the next three months.

Sources of information The first major challenge for my mission was to obtain detailed and well supported information. I have been surprised by both the amount and the quality of information provided to me.

Most key Government agencies are organized and systematic in much of their data collection and classification. Simi-

The Lies of GRP Officials on Extrajudicial Killings

larly, Philippines civil society organizations are generally sophisticated and professional. I sought, and obtained, meetings across the entire political spectrum. I leave the Philippines with a wealth of information to be processed in the preparation of my final report.

But the question has still been posed as to whether the information provided to me by either all, or at least certain, local NGO groups can be considered reliable. The word ‘propaganda’ was used by many of my interlocutors.

What I took them to mean was that the overriding goal of the relevant groups in raising EJE questions was to gain political advantage in the context of a broader battle for public opinion and power, and that the HR dimensions were secondary at best. Some went further to suggest that many of the cases were fabricated, or at least trumped up, to look more serious than they are.

I consider it essential to respond to these concerns immediately. First, there is inevitably a propaganda element in such allegations. The aim is to win public sympathy and to discredit other actors. But the existence of a propaganda dimension does not, in itself, destroy the credibility of the information and allegations. I would insist, instead, on the need to apply several tests relating to credibility. First, is it only NGOs from one part of the political spectrum who are making these allegations? The answer is clearly ‘no’. Human rights groups in the Philippines range across the entire spectrum in terms of their political sympathies, but I met no groups who challenged the basic fact that large numbers of extrajudicial executions are taking place, even if they disagreed on precise figures. Second, how compelling is the actual information presented? I found there was considerable variation ranging from submissions which were entirely credible and contextually

aware all the way down to some which struck me as superficial and dubious.

But the great majority are closer to the top of that spectrum than to the bottom. Third, has the information proved credible under ‘cross-examination’. My colleagues and I heard a large number of cases in depth and we probed the stories presented to us in order to ascertain their accuracy and the broader context.

As a result, I believe that I have gathered a huge amount of data and certainly much more than has been made available to any one of the major national inquiries.

Extent of my focus My focus goes well beyond that adopted by either TF Usig or the Melo Commission, both of which are concerned essentially with political and media killings. Those specific killings are, in many ways, a symptom of a much more extensive problem and we should not permit our focus to be limited artificially. The TF Usig/Melo scope of inquiry is inappropriate for me for several reasons: (a) The approach is essentially reactive. It is not based on an original assessment of what is going on in the country at large, but rather on what a limited range of CSOs report. As a result, the focus then is often shifted (unhelpfully) to the orientation of the CSO, the quality of the documentation in particular cases, etc.; (b) Many killings are not reported, or not pursued, and for good reason; and (c) A significant proportion of acknowledged cases of ‘disappearances’ involve individuals who have been killed but who are not reflected in the figures.

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How many have been killed?

The numbers game is especially unproductive, although a source of endless fascination. Is it 25, 100, or 800? I don’t have a figure. But I am certain that the number is high enough to be distressing. Even more importantly, numbers are not what count. The impact of even a limited number of killings of the type alleged is corrosive in many ways.

It intimidates vast numbers of civil society actors, it sends a message of vulnerability to all but the most well connected, and it severely undermines the political discourse which is central to a resolution of the problems confronting this country.

Permit me to make a brief comment on the term ‘unexplained killings’, which is used by officials and which I consider to be inapt and misleading.

It may be appropriate in the context of a judicial process but human rights inquiries are more broad-ranging and one does not have to wait for a court to secure a conviction before one can conclude that human rights violations are occurring. The term ‘extrajudicial killings’ which has a long pedigree is far more accurate and should be used.

Typology It may help to specify the types of killing which are of particular concern in the Philippines: • Killings by military and police, and by the NPA or other groups, in course of counter-insurgency. To the extent that such killings take place in conformity with the rules of international humanitarian law they fall outside my mandate.

• Killings not in the course of any armed engagement but in pursuit of a specific counter-insurgency operation in the field.

• Killings, whether attributed to the military, the police, or private actors, of activists associated with leftist groups and usually deemed or assumed to be covertly assisting CPP-NPA-NDF. Private actors include hired thugs in the pay of politicians, landowners, corporate interests, and others.

• Vigilante, or death squad, killings • Killings of journalists and other media persons.

• ‘Ordinary’ murders facilitated by the sense of impunity that exists.

Response by the Government The response of Government to the crisis of extrajudicial executions varies dramatically. There has been a welcome acknowledgement of the seriousness of the problem at the very top. At the executive level the messages have been very mixed and often unsatisfactory. And at the operational level, the allegations have too often been met with a response of incredulity, mixed with offence.

Explanations proffered When I have sought explanations of the killings I have received a range of answers. (i) The allegations are essentially propaganda. I have addressed this dimension already. (ii) The allegations are fabricated.

Much importance was attached to two persons who had been listed as killed, but who were presented to me alive.

Two errors, in circumstances which might partly explain the mistakes, do very little to discredit the vast number of remaining allegations. (iii) The theory that the ‘correct, accurate, and truthful’ reason for the recent rise in killings lies in purges committed by the CPP/NPA. This the-

The Lies of GRP Officials on Extrajudicial Killings

ory was relentlessly pushed by the AFP and many of my Government interlocutors. But we must distinguish the number of 1,227 cited by the military from the limited number of cases in which the CPP/NPA have acknowledged, indeed boasted, of killings. While such cases have certainly occurred, even those most concerned about them, such as members of Akbayan, have suggested to me that they could not amount to even 10% of the total killings.

The evidence offered by the military in support of this theory is especially unconvincing. Human rights organizations have documented very few such cases. The AFP relies instead on figures and trends relating to the purges of the late 1980s, and on an alleged CPP/NPA document captured in May 2006 describing Operation Bushfire. In the absence of much stronger supporting evidence this particular document bears all the hallmarks of a fabrication and cannot be taken as evidence of anything other than disinformation. (iv) Some killings may have been attributable to the AFP, but they were committed by rogue elements. There is little doubt that some such killings have been committed. The AFP needs to give us precise details and to indicate what investigations and prosecutions have been undertaken in response. But, in any event, the rogue elephant theory does not explain or even address the central questions with which we are concerned.

Some major challenges for the future

ingly attributed to them. The President needs to persuade the military that its reputation and effectiveness will be considerably enhanced, rather than undermined, by acknowledging the facts and taking genuine steps to investigate.

When the Chief of the AFP contents himself with telephoning Maj-Gen Palparan three times in order to satisfy himself that the persistent and extensive allegations against the General were entirely unfounded, rather than launching a thorough internal investigation, it is clear that there is still a very long way to go. (b) Moving beyond the Melo Commission It is not for me to evaluate the Melo Report. That is for the people of the Philippines to do. The President showed good faith in responding to allegations by setting up an independent commission. But the political and other capital that should have followed is being slowly but surely drained away by the refusal to publish the report. The justifications given are unconvincing.

The report was never intended to be preliminary or interim. The need to get â&#x20AC;&#x2DC;leftistsâ&#x20AC;&#x2122; to testify is no reason to withhold a report which in some ways at least vindicates their claims. And extending a Commission whose composition has never succeeded in winning full cooperation seems unlikely to cure the problems still perceived by those groups. Immediate release of the report is an essential first step.

(a) Acknowledgement by the AFP

(c) The need to restore accountability

The AFP remains in a state of almost total denial (as its official response to the Melo Report amply demonstrates) of its need to respond effectively and authentically to the significant number of killings which have been convinc-

The focus on TF Usig and Melo is insufficient. The enduring and much larger challenge is to restore the various accountability mechanisms that the Philippines Constitution and Congress have put in place over the years, too many of which have been system-

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atically drained of their force in recent years. I will go into detail in my final report, but suffice it to note for present purposes that Executive Order 464, and its replacement, Memorandum Circular 108, undermine significantly the capacity of Congress to hold the executive to account in any meaningful way. (d) Witness protection The vital flaw which undermines the utility of much of the judicial system is the problem of virtual impunity that prevails. This, in turn, is built upon the rampant problem of witness vulnerability. The present message is that if you want to preserve your life expectancy, don’t act as a witness in a criminal prosecution for killing. Witnesses are systematically intimidated and harassed. In a relatively poor society, in which there is heavy dependence on community and very limited real geographical mobility, witnesses are uniquely vulnerable when the forces accused of killings are all too often those, or are linked to those, who are charged with ensuring their security.

The WPP is impressive – on paper. In practice, however, it is deeply flawed and would seem only to be truly effective in a very limited number of cases.

The result, as one expert suggested to me, is that 8 out of 10 strong cases, or 80% fail to move from the initial investigation to the actual prosecution stage. (e) Acceptance of the need to provide legitimate political space for leftist groups At the national level, there has been a definitive abandonment of President Ramos’ strategy of reconciliation. This might be termed the Sinn Fein strategy. It involves the creation of an opening — the party-list system — for leftist groups to enter the democratic political system, while at the same time ac-

knowledging that some of those groups remain very sympathetic to the armed struggle being waged by illegal groups (the IRA in the Irish case, or the NPA in the Philippines case). The goal is to provide an incentive for such groups to enter mainstream politics and to see that path as their best option.

Neither the party-list system nor the repeal of the Anti-Subversion Act has been reversed by Congress. But, the executive branch, openly and enthusiastically aided by the military, has worked resolutely to circumvent the spirit of these legislative decisions by trying to impede the work of the party-list groups and to put in question their right to operate freely. The idea is not to destroy the NPA but to eliminate organizations that support many of its goals and do not actively disown its means. While non-violent in conception, there are cases in which it has, certainly at the local level, spilled over into decisions to extrajudicially execute those who cannot be reached by legal process. (f) Re-evaluate problematic aspects of counter-insurgency strategy The increase in extrajudicial executions in recent years is attributable, at least in part, to a shift in counterinsurgency strategy that occurred in some areas, reflecting the considerable regional variation in the strategies employed, especially with respect to the civilian population. In some areas, an appeal to hearts-and-minds is combined with an attempt to vilify left-leaning organizations and to intimidate leaders of such organizations. In some instances, such intimidation escalates into extrajudicial execution. This is a grave and serious problem and one which I intend to examine in detail in my final report.

The Lies of GRP Officials on Extrajudicial Killings

Conclusion The Philippines remains an example to all of us in terms of the peaceful ending of martial law by the People’s Revolution, and the adoption of a Constitution reflecting a powerful commitment to ensure respect for human rights. The various measures ordered by the President in response to Melo constitute important first steps, but there is a huge amount that remains to be done. n

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Verdict of the Permanent Peoples’ Tribunal Second Session on the Philippines

1. Origin and jurisdiction of the Permanent Peoples’ Tribunal The Permanent Peoples’ Tribunal (PPT) is an international opinion tribunal, independent from any State authority. It examines cases regarding violations of human rights and rights of peoples.

Promoted by the Lelio Basso International Foundation for the Rights and Liberation of Peoples, the PPT was founded in June 1979, in Bologna, Italy, by a broad spectrum of law experts, writers, and other cultural and community leaders (including five Nobel Prize laureates) from 31 countries. PPT is rooted in the historical experience of the Russell Tribunals on Vietnam (1966-67) and the dictatorships in Latin America (1974-1976). The importance and strength of decisions by the PPT rest on the moral weight of the causes and arguments to which they give credibility and on their recognition in the United Nations Commission on Human Rights Complaints heard by the Tribunal are submitted by the victims, or groups or individuals representing them. The PPT calls together all parties concerned and offers the defendants the possibility to make their own arguments heard.

The Jury is selected for each case by combining members who belong to a permanent list of jurors, and individuals who are recognized for their competence and integrity.

From June 1979 to the present date the PPT has held 32 sessions.

In 1980, just one year after its foundation, the Permanent Peoples’ Tribunal responded to an appeal from the

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National Democratic Front of the Philippines (NDFP) and the Moro National Liberation Front (MNLF) to examine the human rights situation under the Marcos dictatorial regime. Following five days of hearings and deliberation (October 30 to November 3 in Antwerp) the PPT found the Marcos regime guilty of political suppression and abuse of power in violation of the rights of the Filipino people. The PPT also condemned the political, economic and military complicity of the United States government and other foreign powers.

2. The procedures of the Session According to the procedures affirmed in its Statutes, the original request (presented in early 2006 by a broad coalition of social and religious organizations, based in the Philippines as well as in Europe and Canada) to hold a Session of the PPT on gross violations of the fundamental rights of the Filipino people was examined by the Secretariat and the Presidency of the PPT with respect specifically to the competence of the PPT on the contents of the accusation, and to the representativeness of the plaintiffs.

The Session, to be considered as a strict articulation and follow-up of the one held in 1980, was announced in a press Conference in The Hague, on October 30, 2006.

The two main accused parties – the Government of the Republic of the Philippines and its President Mrs Gloria Macapagal-Arroyo; the US Government and its President Mr George Walker Bush – were notified of the procedure through their respective Embassies in Rome and in The Hague, invited to participate in the process, and to exercise their right to defense.

As documented also in reports of the media in the Philippines as well as in The Hague, qualified represen-

tatives of the Arroyo Administration have expressed confirmation – albeit through their contradictory statements – that their Government had been duly informed in a timely manner, without however deciding in favor of an active participation in the processes of the Tribunal (beyond a silent presence in its opening session, on March 21).

The public hearings of the PPT were held in the Christus Triumfatorkerk in the Hague, over three full days (21-23 March), according to the program reported in Annex 1.

Annex 2 lists the documents made available to the Jurors (and filed in the PPT archives) to support and to interpret the oral presentations and interpellation with the Jury (including extensive live presentations and interpellation with witnesses and their lawyers in the Philippines over electronic live video communication).

The deliberations of the Jury were conducted in its closed-door sessions from the evening of March 23 until the presentation of its verdict on the afternoon of March 25, 2007.

3. The charges The PPT has been presented with the following three charges against: The Government of the Republic of the Philippines and its President Mrs Gloria Macapagal-Arroyo; and the Government of the United States of America and its President Mr George Walker Bush for: 1. Gross and systematic violations of civil and political rights: extrajudiciall killings, abductions and disappearances, massacres, and torture; 2. Gross and systematic violations of economic, social and cultural rights; and 3. Gross and systematic violations of the rights to national self-determination and liberation.

T h e L i e s o f G R P O f f i c i a l s o n E x t r a j u d i c i a l K i l l i n g s 9 5

4. Historical framework and violations of economic, social and cultural rights Since 1980, the year of the first session of the Permanent People’s Tribunal on the Philippines, the socio-economic situation of the country has not changed, except for the worse. Even at that time, the jury of the Tribunal had denounced the unequal character of the economic system structured for the benefit of the domestic elite and foreign interests. It had also condemned the dominant economic and political role of the United States of America in the Philippines and in the region, through the implementation of imperialist policies.

Today, almost 30 years later, or after almost one generation, the majority of the Filipino people (the peasants, fisherfolk, workers, oddjobbers, lowpaid professionals) remain deprived of their basic rights to physical, social and cultural life. It is particularly painful to discover the figures collected from official sources, showing that a minority of Filipinos absorb the greatest part of the collective wealth of the nation, together with transnational enterprises, when we remember that behind each number there is a person – a child, an adult or an old person, a man or a woman.

In the Philippines, out of 87 million people, 65 million Filipinos (80% of the population) struggle to survive on less than US$2 per day while 46 million go hungry each day. The situation has been deteriorating: since 2000, average family incomes have dropped 10%. The majority of the poor are in rural areas (70 %). Such a situation affects in particular the children. Infant mortality fluctuated from 24 per thousand in 1990 to 14 in 1998 to 40 in 2003. One fourth of the children under 10 years of age – or 6.1 million children – are underweight.

This is not the accidental, but it is the logical result of a policy. The 1980 session of the Permanent Peoples’ Tribunal coincided with the beginning of the neo-liberal phase of monopoly capitalism (the Washington Consensus), where in order to solve a crisis of accumulation, it was decided to enlarge and force open markets, decreasing the share of labour in the national income, privatizing public services and establishing a growing freedom of circulation of capital, goods and services.

Such a policy, backed by the international financial and commercial institutions (World Bank, International Monetary Fund, World Trade Organization) has been offering to the dominant powers and social classes the possibility of ruling the world according to their specific interests.

This is also happening in the Philippines. The share of labor in national income has fallen from 60 % in 1979 to 37 % in 2004 and the increase of corporate profits has been impressive: between 2001 and 2004, the income of the top 1000 enterprises grew from US$2.3 billion to 10.0 billion. Minimum wage has been falling behind rising costs of living, the wage gap increasing 44% between 2001 and 2005. Unemployment is on the rise, with displaced workers for instance increasing by 52% between 2004 and 2005. In rural areas, tenanted and leasehold farms have increased from 48% of total farms in 1971 to 52% in 2004.

Privatization of economic activities and public services is also on the rise. Over US$4 billion of public assets have been transferred to the private sector. Such has been the case of the oil industry, the Electric Power Industry Reform Act (2001), the reprivatization of Maynilad water corporation (2006), and the privatization of public infrastructure (RA 7718).

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Liberalization of the economy has been promoted by various means. The series of tariff reform programs have reduced agricultural tariffs from 43 % in 1981 to 11 % in 2003 and industrial ones from 39 % in 1981 to 5 % in 2003 (TRP I, II and III). Free Economic Zones have been encouraged (RA 7916). Free Trade Agreements are prepared with the USA (US-RP FTA), and have been signed with Japan (JPEPA) and Asean countries (AFTA). The Public Act on foreign investments opened the way for external capital in the fields of natural resources (RA 7942 for mining), agriculture (RA 7652), utilities (RA 7721), airlines (1995), retail trade (2000), and others. Efforts have been made to remove the economic sovereignty and national patrimony provisions of the 1987 Constitution. Foreign investments have increased from 6% of the Gross Domestic Product in 1980-1984 to 16% in 20002005, and in 2005 it had a cumulative value of US$ 19 billion.

As a consequence, wealth has been concentrated among very rich people.

The 1000 top corporations have increased their annual net income by 325% between 2001 and 2005 and the top ten percent of the population have incomes 22 times that of the poorest ten percent. Additionally, the overall estimate of money lost through corruption is estimated by the Ombudsman at US$24 billion for the period between 2001 and 2005 and is estimated at US$ 4 billion in 2006, equivalent to 20% of the Government budget. Capital repatriation has reached US$20 billion since 1980 and mineral resources have been plundered: to the equivalent of US$25 billion of exports since 1970.

Furthermore, the Filipino people have to pay for increasing foreign debt.

The current total public sector debt stock PhP6 trillion (US$120 B) â&#x20AC;&#x201C; equivalent to 110% of GDP â&#x20AC;&#x201C; ate up 85% of to-

tal revenues for debt service in 2005. It is the highest in the history of the Philippines. As a consequence, spending on vital economic and social services was slashed in order to pay for the debt. Interest payments has now gone up to 35% of the budget share in 2006, which is five times more than the combined budget for education, health and housing spending.

Local industry has been destroyed and denationalized. Between 1995 and 2000, four firms were closing every day and this number doubled between 2001 and 2005. In 2005, 3,054 firms closed and 57,921 workers were displaced, increasing unemployment. Corporatization of land ownership has subverted the sham Comprehensive Agrarian Reform Program (CARP), resulting in the reconcentration of land.

Communities of the poor especially the women and children today pay the heavy price of debt repayment and privatization policies where, due to the neglect of the health care system and drastic cuts in public spending, child and maternal mortality has worsened.

This has resulted in only 37% of pregnant women receiving vaccine.

In the urban areas, only 54% of the women delivered in a health facility, while in the rural communities, only 22% delivered in a health facility; and 59% were unassisted by doctor/nurse/ midwife.

Educational and health facilities have been seriously affected as the public share in health expenditure has been reduced from 41% in 2000 to 30% in 2004. Because of the lack of educational infrastructure, costs of sending children to public school and other factors due to poverty, 2.5 million children are working as laborers and 1.5 million can be qualified as street children.

The denial of these basic health and social rights is a consequence of the cri-

The Lies of GRP Officials on Extrajudicial Killings

sis of the Philippine economy where the government has not addressed the root causes but has continued the exploitation of the people and its resources with impunity for the benefit of the local elite and foreign dominant powers.

The growth and development of any nation lies in the hard work of peasants, fisherfolk, workers, indigenous peoples, women and their communities. But when these very people face intense poverty, hunger, unemployment, landlessness and loss of all resources, then development is meaningless because life itself is threatened and communities are destroyed. This is the hard reality of the Philippines.

A particular attention has to be given to the three main sectors of the Filipino people, peasants, indigenous peoples and the industrial workers.

Based on recent government statistics and the study conducted by Kilusang Magbubukid ng Pilipinas, 7 out of 10 Filipino farmers are landless. The farmers face extremely high rates of land rent and usury is so high that it ranges from 100%-400% per cropping season. With trade liberalization, farm inputs remain expensive but the products of farmers are very cheap. This has led to the bankruptcy of many peasants, where they remain in debt. This situation further increases disparity between peoples and regions.

Compounding the problem of peasant bankruptcy, corporations were able to take control and amass land through the promotion of agribusiness contract growing and leasehold under the corporatized and market-oriented CARP promoted by the World Bank. This has led to less than a third of landowners owning more than 80% of agricultural land while small farmers are being evicted from the land they have been tilling for years.

Faced with the struggle to keep alive, farmers have organized themselves under the Kilusang Magbubukid ng Pilipinas (KMP, Peasant Movement of the Philippines) to claim their rights through the democratic process. This resistance is now faced with repression by the state through increased militarization of the rural areas. Statistics show that almost 60% of the victims of extrajudicial killings and forced disappearances are farmers, majority of whom are members of the peasant movement KMP. The killings of peasant leaders are not isolated but planned and systematic. A campaign is carried out to slander the victim prior to the killing.

No proper investigations are carried out and the government remains in a state of denial. Meanwhile, witnesses are threatened and thus the pattern of impunity reigns with no accountability.

The massacre of agricultural workers at Hacienda Luisita is a pure gross violation of the fundamental rights of workers to strike and assert their rights as defined in International Labour Organization Convention 98 and in the ECOSOC rights. Both the United Luisita Workers Union (ULWU) and the Central Azucarera de Tarlac Labor Union (CATLU) went on strike as negotiations failed over workersâ&#x20AC;&#x2122; demand for a small increase in wages and better work conditions. One of the key demands was their right to the land as provided for under the Comprehensive Agrarian Reform Law. Yet, the Department of Labor and Employment (DOLE) issued the assumption of jurisdiction order and instructed the police and military to enforce it. When three attempts to disperse them through water cannons failed, shots were fired at the unarmed workers, seven died and 72 were injured. The killings did not stop with the

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massacre but persons who supported the workers, including Bishop Alberto B. Ramento of the Iglesia Filipino Independiente church, two leaders Marcel Beltran and Abelardo with Fr. William Tedena were killed in separate occasions.

Even when farmers implement collective cultivation on land awarded by the Department of Agrarian Reform, as in the case of the San Agustin Farmer Beneficiaries Multi-purpose Cooperative in Palo, Leyte, they are killed and butchered by armed men who go unpunished. The guns do silence the law.

The Arroyo regime has initiated the implementation of the Mining Act of 1995, liberalizing the mining sector by proclaiming its National Policy Agenda for Revitalizing the Mining Industry as recommended by the World Bank.

This process has increased the intensive exploitation of the mineral riches of the country like gold, silver, copper, chromite and nickel. But the commercial mining activities as well as the logging operations of various corporations affect both the present and future generations of the indigenous peoples. If perpetuated, it will destroy the ancestral domain, culture and identity of the people.

The documentation presented at the PPT, including the compelling testimony of Senator Maria Ana Consuelo Madrigal, revealed how the Arroyo government, by relocating the National Commission on Indigenous Peoples (NCIP) under the jurisdiction of the Department of Agrarian Reform, will not only compromise its constitutionally mandated independence but pave the way to the usurpation of the land of the indigenous people, leading to displacement from their ancestral home, and loss of land and customary rights.

The evidence is very much reflected in the cases of Toronto Ventures in Zam-

baonga and Lafayette Mining Corporation in Rapu Rapu island, and where it is used for massive landgrabbing in the Island of Boracay.

Such forms of rights violations have brought about a resistance by the people to claim their rights to land, culture and identity. But it has been met with various human rights violations manifested in arbitary arrests, persecution, torture, killings, destruction of property and land by military forces including extrajudicial killings as testified by Dr. â&#x20AC;&#x153;Chanduâ&#x20AC;? Claver, a Kankanaey and leader of the Cordillera Peoplesâ&#x20AC;&#x2122; Alliance and Bayan Muna in Kalinga, who was ambushed by masked men while in his car with his family. His wife succumbed to gunshot wounds while he and his child survived and are now seeking asylum in Canada to protect themselves.

Out of the 37.7 million workers, there are 4.1 million unemployed and 7.5 million underemployed. This situation has brought about the exodus of around 3,200 workers every day to find a living or better work abroad, not including hundreds or possibly thousands more leaving the country as trafficked or undocumented workers facilitated by unscrupulous recruiters who have proliferated as a result of deregulation implemented by the Arroyo government. There are around 9 million overseas Filipino workers abroad who have the tremendous capacity to remit the amount of US$13 billion every year besides an estimated additional US$34 billion remitted through informal channels. Due to the feminization of poverty, more than 70% of the workers who go abroad for landbased work are women.

But since the share of labor in the national income has fallen, reflecting low wages and minimum wage far behind the rise in costs of living, the or-

The Lies of GRP Officials on Extrajudicial Killings

ganized sector of unions have demanded wage evaluation and increases and better work conditions. This process has been met with arrogance of power of corporations, particularly transnational corporations like Toyota, Nestlé and others that with impunity have either dismissed union leaders or used the DOLE and the armed forces to end workers’ actions. The DOLE has used the assumption of jurisdiction order to provide military forces the right to intervene in labor disputes. There is no recognition accorded to ILO recommendations for respect of workers rights as seen in the Toyota workers case, well documented and presented to the jury.

Thus corporations supported by the Arroyo government continue to violate labor rights with no accountability.

5. The role of the United States of America We need to see the worsening human rights crisis in the Philippines in the context of the United States’ strategies for global economic and military hegemony and the ensuing US led socalled “war on terror”.

The military and security agreements between the Philippines and the United States were part of the series of treaties and agreements that were imposed upon the Philippines right after the granting of formal independence by the United States to the Philippines at the end of the Second World War in 1946. The agreements assured the continued domination by the United States over the country and over its armed forces and internal security in particular. This was so even though the Philippines was already given formal independence.

US troops have returned to the Philippines, despite the removal of the US bases in 1991, on the basis of the Visiting Forces Agreement (VFA) in 1999 and

the Mutual Logistics Support Agreement (MLSA) in 2002. Under the guise of a so-called “war on terror”, US troops have been stationed and deployed especially but not only in the southern Philippine island of Mindanao. Since 2001 there has been a continuous presence in the country of thousands of US soldiers ostensibly for counter-terrorism “trainings and exercises” but which in many cases are in reality coordinated combat operations with the Philippine armed forces. These grossly violate national sovereignty and Philippine territorial integrity.

Because of its strategic location, the Philippines is vital for the US projection of military force in East Asia to as far away as the Middle East. The country’s ports and airfields have already been used by the US as transit points and refueling stations in its wars of aggression against the peoples of Afghanistan and of Iraq. It is for this reason that the US seeks to maintain its control over the Philippine state and its armed forces, and seeks to defeat all progressive forces opposed to US presence and intervention in the country.

The Armed Forces of the Philippines today remains the same institution which served the Marcos regime.

The junior officers who committed atrocities under the dictatorship of Ferdinand Marcos are now generals and the henchmen in Arroyo’s repressive state machinery. The AFP continues to serve as an instrument of suppression and executor of extra-legal operations under the guidance and with the support of US counterinsurgency and antiterrorism agencies, i.e. the Central Intelligence Agency and the Department of Defense in Pentagon. The Arroyo regimes’ dependence on the US and the US-trained armed forces is crucial for the survival of the regime.

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The cost of such strict dependence in terms of gross violations of individual and collective rights, has been dramatically confirmed and documented in detail (see section on Extrajudicial killings, torture and forced disappearances). The never ending military, police and paramilitary operations are the expression of the all-out war, or the socalled “holistic approach” in Operation Plan Bantay Laya (OBL) or Operation Plan Freedom Watch, a policy which has been carried out since 2002.

Oplan Bantay Laya is the latest formulation of previous counterinsurgency plans initially crafted under the Marcos regime. It is an end-product of more than three decades of successive failures and frustrations of the USGRP-AFP in their attempts to crush and defeat the struggles of the people. The US, through Pentagon and the CIA, has been involved in the conceptualization and planning, the training of AFP personnel and the execution of the OBL. This work of cooperation is now done on the basis of the very controversial Security Engagement Board Agreement of 2006.

The Security Engagement Board created by this agreement is a joint committee of defense officials and military officials of both the Philippines and the United States. And the purpose of this committee is to oversee the anti-terror campaign in the country. The campaign was begun in 2001 as a campaign against the Abu Sayyaf in the south of the country, right after the September 11, 2001 attacks in New York. It was a creation of the US and experimented in collaboration with the AFP against the Abu Sayyaf as an anti-terror campaign.

In that campaign US special forces and the AFP were abducting even suspects or families of Abu Sayyaf sympathizers and innocent members of communities in Mindanao. Only later was it de-

cided to expand the campaign to cover the entire Philippines in the nationwide anti-insurgency campaign. Like the campaign against the Abu Sayyaf, the nationwide campaign does not make any distinction between advocates who have a legal status and those involved in armed confrontations with the government. And it is being carried out by the AFP, instructed and supported in action by US Special Operations Forces (SOF).

These US Special Operations Forces are the most highly-trained elite units of the US Army who specialize in what is called Low-Intensity Conflict Warfare. In other countries, the deployment of US Special Operations Forces, especially in Guatemala and Colombia as well as in Indonesia during the Suharto dictatorship, have been exposed by among others the Amnesty International as having been responsible for training local troops that have been involved in “dirty tricks”, including abductions, extrajudicial killings, and even massacres of civilians who have been known to be sympathetic to armed insurgents in those countries.

Having run out of counterinsurgency options, OBL seems to be the USArroyo regime’s “final solution” to the long drawn-out conflict. A novel and significant component is its special emphasis on brutal and punitive measures against congressional partylist representatives and their constituencies and “neutralization” of institutions and organizations, through assassination of their leaders and ordinary members.

OBL’s focus on the “political component” and “white area operations” is described by veteran reporter and columnist Armando Doronila in Philippine Daily Inquirer (21 June 2006): “The blueprint of war outlined in ‘the orders of battle’ of Oplan Bantay Laya envisages decimation of non-mili-

The Lies of GRP Officials on Extrajudicial Killings

tary segments of the communist movement. It is not designed to engage the New People’s Army in armed conflict in field warfare. It is designated to butcher and massacre defenseless noncombatants. It is therefore a sinister plan for civilian butchery, a strategy which exposes the military and police to fewer risks and casualties than they would face in armed fighting with the communist guerillas.

The emphasis of this strategy on “neutralizing” front/legal organizations helps explain why most of the victims of the past five years have been non-combatants and defenseless members of the left. During that period the number of murdered aboveground members of the Left has far exceeded fatalities of the New People’s Army in armed encounters with security forces.

This strategy is blamed for the systematic massacre of non-combatants.

It offers a huge potential for human rights abuses and atrocities. It makes the regime look more cold-blooded in its methods in trying to crush the insurgency than its predecessors, not excluding the Marcos dictatorship. It opens the path to the slaughter of the defenseless”.

Sector 2001

Church 1 Peasants 25 Fisherfolks 10 Human Rights 3 Children (below 18) 8 National Minority 36 Urban Poor 9 Workers 2 Youth & Students 1 Women 0 Public Servant 0 Teachers 0 Unidentified 3 TOTAL 98

2002

0 63 3 5 7 18 6 5 3 1 1 1 2 115

2003

0 61 0 1 18 19 5 3 6 1 2 0 19 125

6. Extrajudicial killings, torture and forced disappearances An impressive amount of cases of extrajudicial killings, disappearances and torture, often in combination with each other, have been documented before the Tribunal by the oral testimonies of survivors, witnesses and experts who provided also the opportunity of more in depth questioning by the Jury.

Further for each of the cases (listed in Annex 2) a very detailed account, including copies of original documents and certificates have been made available for the Jury. The synoptic presentation of the 839 cases of extrajudicial killings in a table, allows on one side the detailed view of the increasing number of cases from the 98 in 2001 to the 213 in 2006 and on the other side makes visible the composition of this ‘population’ which is truly and fully representative of the targeted killing strategy: persons associated with ‘left’ organizations, church people, community leaders, peasants, journalists, lawyers, people of the so-called party list organizations (parliamentary opposition), human rights activists or simply witnesses of extrajudicial killings

2004

2 43 0 2 6 11 2 10 2 0 0 0 2 80

2005

7 94 0 4 4 36 7 10 2 0 5 0 21 190

2006 Jan-March Total

2007 9 0 19 101 13 400 2 0 15 3 0 18 7 0 50 7 0 125 6 1 36 25 0 55 10 1 22 2 0 4 7 1 16 0 1 2 35 0 77 213 17 839

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It also appears that most of the killings have taken place in those regions of the country that are identified as ‘priority areas’ in the OBL. (See above,section.5) Victims are usually, prior to the attacks, subject to a vilification campaign by the military or anti-communist vigilante groups. They are said to be members of the CPP/NPA (Communist Party of the Philippines/New People’s Army) or its ‘front organizations’ and labeled as ‘terrorists’. In fact the victims are often poor peasants campaigning for some more loans, clergymen who have criticized the government for its alleged inhuman politics, human rights workers and others, peacefully struggling for better conditions for the ordinary people, who have nothing to do with political violence. See for instance the massacre at Hacienda Luisita on November 6, 2006, referred to in section 4.

Examples of the targeting of nonviolent clergymen are the killing of bishop Alberto Ramento, known as the bishop of poor peasants and workers and as such a critic of the Arroyo regime, on October 3, 2006; of Pastor Andy Pawican on May 21, 2006; and of Pastor Isaias Santa Rosa on August 3, 2006.

Other examples of the targeting of non-violent social movements are the abduction and killing of human rights workers Eddie Gumanoy and Eden Marcellana on April 21, 2003, the attacks on party list organization Bayan Muna officially represented in the legislature, of which party 129 members have been killed since 2001. Also the killing of 15 activist lawyers and 10 judges since 2001, as well as 26 journalists and other media personnel, is to be qualified as attacks on non-violent critics of the government or of social actors such as multinationals.

The overall picture made available to the Jury on Charge 1 is in fact perfectly fitting the broader scenario outlined in the discussion of the Oplan Bantay Laya. Having failed in its earlier strategies to defeat the CPP and the NPA, the government is now concentrating its oppression on the political, more than the military component, of the left opposition: the aim of ‘neutralizing’ legal institutions and organizations become an excuse for the killings of peaceful persons. The witness to the tribunal, retired Philippine Navy Captain Danilo Vizmanos, is explicit in his analysis of Oplan Bantay Laya as being not designed to engage the New People’s Army into armed conflict with the Philippine Army, but to attack, torture and kill defenseless non-combatants, poor peasants and social activists.

Women leaders and especially leaders of Gabriela Women’s Party have been stripped naked and molested by military personnel. Sexual violence is used both as a form of torture and to create fear among women.

The responsibility of the Armed Forces of the Philippines (AFP) The perpetrators of the killings and abductions are often uniformed men with no nametags, wearing bonnets or ski-masks and riding on motorcycles or vehicles with no plate numbers. Although the government is strongly denying any participation of its security forces in these killings, there are serious indications to the contrary. For instance the comprehensive documentation available on the case of the killing after torture of Pastor Isaias Santa Rosa on August 3, 2006, has been specifically impressive: one of the perpetrators was killed as well during the operation and a written mission order (available to the evaluation by the PPT) by the army found on his body.

The Lies of GRP Officials on Extrajudicial Killings

In the case of the killing of Pastor Andy Pawican on May 21, 2006, uniformed soldiers abducted the victim and killed him shortly afterwards.

The same is true in the case of Eddie Gumanoy and Eden Marcellana (documented with video and a very detailed collection of documents), abducted by uniformed soldiers and killed after having been tortured on April 21, 2003, on their way back from a human rights fact-finding mission.

The creation on October 30th 1987 of the Citizen’s Armed Force Geographical Unit (CAFGU) to serve as auxiliaries to the AFP in counter-insurgency activities, is functioning as a paramilitary force used in many instances to serve the interests of political personalities and private societies.

The politics of impunity The absence of any serious attempt to assure an investigation of the killings has been confirmed by all the witnesses.

No photos, no fingerprints are taken, nor other investigative measures applied. No prosecution is started because of lack of evidence. Even the most brutal atrocities hardly elicit any decisive action or even oral condemnation from the government. The history of the Melo Commission reflects well this attitude of denial. The government had been politically forced to install the commission with the mandate to investigate the killings. Despite the qualification of the facts as mere ‘incidents’, with no responsibilities imputed on the army or on the police, the government tried everything to delay the publication of the Commission’s report, ultimately without success. Another report, by UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions Philip Alston, was much more critical,

and has been totally denied and even derided by the government.

Most serious is the mechanism of threatening, torturing and killing of witnesses of killings and other human rights violations. The Tribunal refers in this respect to the impressive testimony before the Tribunal by Ruel Marcial, severely tortured just because he was the only witness to the killing of Pastor Andy Pawican (referred to before).

The Jury has also been informed that at least one witness who has given evidence to the UN Special Rapporteur Alston has been killed shortly afterwards.

Conclusion: The Tribunal, having considered the evidence given before it, is of the opinion that the reported killings, torture and forced disappearances fall under the responsibility of the Philippine government and are by no way justifiable in terms of necessary measures against terrorism.

7. VERDICT The decisions of the Tribunal with respect to the accusation and charges, as reported in section 3 are as follows: 1. The wealth and consistency of the oral and written documentation made available through witnesses and expert reports, has convinced the PPT that each and all of the three charges presented against Gloria Macapagal-Arroyo and her Government, and against George Walker Bush and his Government are substantiated.

2. The PPT underlines that the charges can neither be considered separately nor independently. The atrocities of extrajudicial killings, of massacres, of tortures, and of communities destroyed and dispersed are the visible and dramatic expression of one

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strategy, which has its continuity and effectiveness in the mechanism and instruments documented with respect to sections 4 (Historical framework and violations of economic, social and cultural rights), 5 (The role of the United States of America), and 6 (Extrajudicial killings, torture and forced disappearances).

3. The extension and the systematic nature of the violations of the rights of the Filipino people committed by the governments of Mrs. Gloria Macapagal-Arroyo and with the support and full awareness of the government of George Walker Bush, qualify the same violations as crimes against humanity, with all the consequences for the persons who are responsible for them.

Such violations must be stopped immediately.

4. The Philippine government and the Bush administration have knowingly and willingly colluded with each other in implementing the US’ so-called “war on terror” in Southeast Asia and in the Philippines, in violation of national sovereignty and territorial integrity, and violating the Philippine Constitution which bans the presence of foreign troops and nuclear weapons on Philippine soil.

5. The PPT has found unequivocal evidences that the military has a central role in the greatest majority of the scenarios of human rights violations in the Philippines. The PPT however wants to underline the highly misleading role of the recurrent debates on the direct vs. indirect involvement of the military forces in one or the other individual case. The AFP is a structural component and instrument of the policy of the “war on terror” declared jointly by the Philippine and the US Governments, as a comprehensive label to justify all illegal actions and their impunity.

6. The PPT denounces as unacceptable the inclusion of the Government of the Republic of the Philippines in the UN Human Rights Council: • It undermines the credibility of the UN in this field; • It is an intolerable offense to the victims; • It is a denial of the many welldocumented denunciations of the dramatic violations of human rights in the Philippines.

As Jurors of the Permanent Peoples’ Tribunal and as part of the larger human family, we recognize that the dramatic and worsening human rights situation in the Philippines is the responsibility for us all, and not just for those who struggle for their rights in that country. We commit ourselves to strengthen our efforts to defeat those powers which, under the pretext of the so-called “war on terrorism” and under the mantle of “market- and profit-driven globalization”, deprive the marginalized peoples of a life in justice, dignity and peace.

This commitment includes a sharp attention to the safety of the witnesses who have courageously contributed to the fact-finding task of the Tribunal. If anything would happen to any of them, we will hold the Government of the Republic of the Philippines responsible for that. n