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of the Philippines the criminal justice system is - Article 2

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56<br />

VICTIM: Nestor Arinque<br />

INCIDENT: Killing<br />

ALLEGED PERPETRATORS:<br />

Two unidentified gunmen<br />

DATE: 7 March 2006<br />

AHRC UA-101-2006<br />

57<br />

VICTIMS:<br />

1. Arturo Caloza (killed)<br />

2. Geronimo Pablo<br />

(wounded)<br />

3. Ursula Tabelin (wounded)<br />

INCIDENT: Killing<br />

ALLEGED PERPETRATOR:<br />

Unidentified gunman<br />

DATE: 4 March 2006<br />

AHRC UA-099-2006<br />

Half an hour later, Arinque met h<strong>is</strong> friend Jorge Tutor, who<br />

asked Arinque to take him home. On <strong>the</strong> way, h<strong>is</strong> motorcycle’s<br />

chain malfunctioned and <strong>the</strong>y had to stop at Purok 1. Arinque<br />

was fixing <strong>the</strong> chain when two gunmen riding on a motorcycle<br />

stopped and one <strong>of</strong> <strong>the</strong>m fired at him with a .45-calibre p<strong>is</strong>tol.<br />

Arinque died on <strong>the</strong> spot.<br />

Prior to <strong>the</strong> incident, on March 2, at around 11am, military<br />

men and Cafgu members attached to <strong>the</strong> 15th Infantry Battalion,<br />

Philippine Army stationed in Sitio Mahayag, Barangay San Roque,<br />

were seen in front <strong>of</strong> Arinque’s house. When Arinque asked <strong>the</strong>m<br />

why <strong>the</strong>y were <strong>the</strong>re, <strong>the</strong>y told <strong>the</strong>y were just roaming around.<br />

Some <strong>of</strong> <strong>the</strong> men were known to Arinque.<br />

Arinque had been ‘invited’ by <strong>the</strong> military to appear before<br />

<strong>the</strong>ir detachment in Sitio Mahayag, but he had repeatedly<br />

refused. He had also refused to heed <strong>the</strong>ir warnings against<br />

working for peasants’ rights and as a result was allegedly included<br />

in <strong>the</strong>ir Order <strong>of</strong> Battle l<strong>is</strong>ts.<br />

Arturo Caloza: Killed at a funeral<br />

At around 9pm on 4 March 2006, Arturo Caloza (28), a member<br />

<strong>of</strong> <strong>the</strong> Bayan Muna (People First) party, told h<strong>is</strong> wife Julita that<br />

he was going to <strong>the</strong> wake <strong>of</strong> a neighbor. Before leaving, he told<br />

her to close <strong>the</strong> door and that he would be back soon. He went to<br />

<strong>the</strong> wake toge<strong>the</strong>r with h<strong>is</strong> fa<strong>the</strong>r-in-law Clemente Somera and<br />

uncle, Dion<strong>is</strong>io Caloza.<br />

After arriving <strong>the</strong>y sat at a table to play cards. About 10:30pm,<br />

a man suddenly approached and shot Caloza, who fell to <strong>the</strong> ground<br />

from h<strong>is</strong> chair. When he tried to look up at <strong>the</strong> gunman, he was<br />

shot again; th<strong>is</strong> time in h<strong>is</strong> chest. Stray bullets hit two persons,<br />

Ursula Tabelin (65) and Geronimo Pablo (45).<br />

Everyone fled <strong>the</strong> crime scene and no one dared to go back or<br />

take Caloza to hospital until almost two hours later, when Lu<strong>is</strong><br />

Cariaga, a villager, took him to <strong>the</strong> Heart <strong>of</strong> Jesus Hospital at<br />

Malasin, San Jose City. Caloza was dead on arrival.<br />

Although a unit <strong>of</strong> soldiers was stationed just 60 metres from<br />

<strong>the</strong> crime scene, <strong>the</strong>y reportedly did not respond to <strong>the</strong> gunfire<br />

or attempt to pursue <strong>the</strong> attacker. They also did nothing for <strong>the</strong><br />

victims <strong>of</strong> <strong>the</strong> shooting.<br />

Prior to <strong>the</strong> incident, on January 21 and 30, soldiers attached<br />

to <strong>the</strong> 48th and 70th Infantry Battalions, Philippine Army,<br />

reportedly conducted surveys <strong>of</strong> Barangay Villa Marina. On<br />

January 23, <strong>the</strong>y converted <strong>the</strong> Barangay Hall into a military<br />

detachment. The villagers were not properly notified regarding<br />

<strong>the</strong> purpose <strong>of</strong> <strong>the</strong>ir stay and how long <strong>the</strong>y would be stationed in<br />

<strong>the</strong> area. The soldiers also had been conducting interviews among<br />

<strong>the</strong> villagers. When <strong>the</strong>y interviewed <strong>the</strong> victim’s wife Julita prior<br />

to her husband’s killing <strong>the</strong>y reportedly accused her husband <strong>of</strong><br />

being a commun<strong>is</strong>t rebel.<br />

68<br />

article 2 • February 2007 Vol. 6, No. 1

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