of the Philippines the criminal justice system is - Article 2

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“ I am appalled at what is happening in our country... —Fr. Joseph Echano, came close to the national highway, two motorcycles passed. There were two persons on the first motorcycle, while the second motorcycle had only its driver. The first motorcycle then turned around in the direction of the victims, while the other continued on and parked 20 metres further ahead. As the first motorcycle came close to the couple, Daniel noticed that the rider had positioned his right arm in an angle that seemed to be pulling out something. Daniel also noticed that the driver was covering his face with a handkerchief. Then he saw the pillion pointing a pistol towards him and Emmylou. He tried to get out of the way, pulling Emmylou with him, but she Paranaque” was hit by a bullet on the right side of her chest, with it exiting just below her right armpit. Daniel immediately pulled Emmylou back into a house in the direction from where they had come and asked for help from residents there who were watching a basketball match. The residents accompanied the two victims along the coast and out onto the highway where they boarded a passenger motorcycle and headed for a hospital. At about 10pm Emmylou was taken by an ambulance to the Vicente Sotto Memorial Medical Center in Cebu City, accompanied by her colleagues from Karapatan-Cebu North Area. The Municipal Mayor of Tuburan also sent four police escorts from the Regional Mobile Group, led by P03 Raul Janetro. Emmylou survived the attack. Investigations revealed that the three attackers may have been members of the 78th IB staying on the street. Within hours of the incident, the soldiers are reported to have fled from the area, together with Ritchel Buhawi, a caretaker at the house. However, the chief of the Tuburan police, Inspector Crisanto Duque, reportedly showed little effort to pursue them, and did not summon Buhawi for questioning over the identities of the soldiers. Nor did he summon Councillor Tabotabo, who may have been able to assist the investigations. Inspector Duque also rejected the victims’ request to attempt to do sketches of the attackers. Bernabe Borra & others: Victims of murderous and senseless military attack At about 5am on 21 November 2005, farmers belonging to the San Agustin Farmer Beneficiaries Association together with members of the Bayan Muna party and farmers from a number of villages and other associations had gathered with the intention to occupy 12 hectares of rice fields in Palo, Leyte, about 16km from Tacloban City, which had been awarded them by the Department of Agrarian Reform under the Comprehensive Agrarian Reform Program. Altogether there were at least 46 persons there, some 500 metres from the barangay proper. Some of the farmers were already awake and cooking food when several armed men in balaclavas suddenly appeared and opened fire, also shooting several grenades. Five people died on 74 article 2 • February 2007 Vol. 6, No. 1
the spot. Those who were seriously wounded by gunshot and shrapnel were taken to the Eastern Visayas Regional Medical Center. Two of them died while being treated. One victim, Alma Bartoline, was seven-months-pregnant when she was killed. Two others—Antonio Margallo (16) and Eduardo Margallo (24)—were lightly wounded and taken in by a village leader in Barangay Can-gumbang. Subsequently eight of the group were arrested and detained at the Palo Police Station. Fabricated charges for illegal possession of firearms and ammunitions were filed against them, and the military accused the people of being members of a rebel group. Among them, Joselito Tobe, the secretary-general of the Concerned Citizen’s for Justice and Peace in Metro Tacloban and a Bayan Muna member residing in Barangay Cabuynan, Tanauan, Leyte, died in custody on 12 July 2006, reportedly due to food poisoning. Two weeks earlier, he and his fellow detainee, Arniel Dizon, had received death threats while in the prison. In an interview with local reporters, Colonel Louie Dagoy, commanding officer of the 19th Infantry Battalion, claimed that the incident was an encounter. The survivors strongly deny the military’s claim and have said that the military opened fire without any warning. Their claims were substantiated by an independent investigation by the Citizens Anti-Crime Assistance Group, which concluded that the victims were deliberately attacked and were unarmed. On 17 February 2006, the regional office of the Commission on Human Rights (CHR VIII) filed complaints against the military men involved in the killing before the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Office. The commission filed charges of multiple murder and frustrated murder and requested “for the institution of appropriate cases against the respondents”. Although the commission recommended prosecuting the military men involved, the Office of the Deputy Ombudsman for the Military and Other Law Enforcement Office delayed acting on its recommendations. Under existing procedures, the ombudsman has to reexamine the findings made by the commission before a case proceeds to court. Repeated follow-up inquiries by the commission did not result in any progress. Late in 2006 charges of multiple murder and frustrated murder were filed with the Office of the Provincial Prosecutor, Leyte, against 12 military men, a police officer and 13 others. In a letter dated 16 May 2006 Paquito Nacino, CHR VIII regional director, assured the AHRC that his office is “closely monitoring” the case and has “recommended financial assistance to the next heirs of the deceased as well as to the surviving victims”. Nacino added that the Integrated Bar of the Philippines had pledged to provide legal assistance to the victims, who are poor and unprivileged and were still facing fabricated charges for illegal assembly and possession of firearms. 66 VICTIMS: 1. Bernabe Borra Jr y Barbosa (killed) 2. Eric Nogal y Selada (killed) 3. Roel Obijas y Lacaba (killed) 4. Perlito Borra (killed) 5. Gerry Almerino (killed) 6. Eufemia Borra y Barbosa (killed) 7. Alma Bartoline (pregnant) (killed) 8. Mark Pansa/Monsa (killed) 9. Ramy Cumpio (wounded) 10. Ferdinand Montanejos (wounded) 11. Bernabe Borra Sr. (wounded) 12. Ranilo Orseda (wounded) 13. Berlito Barbosa y Borra (wounded) 14. Ismael Regato (wounded) 15. Cora Bernabe (wounded) 16. Richard Cornesta y Margallo (wounded) 17. Christopher Bayase (wounded) 18. Ariel Timbo Capatoy (wounded) 19. Antonio Margallo (wounded) 20. Eduardo Margallo (wounded) 21. Several others wounded 22. Marivic Macawile (illegally arrested) 23. Joselito Tobe obe (illegally arrested; custodial death) 24. Arnel Dizon y Margallo (illegally arrested) 25. Mariel Obijas y Dizon (illegally arrested) 26. Eulogio Pilapil (illegally arrested) 27. Artemio Amante (illegally arrested) 28. Baltazar Mardo (illegally arrested) 29. Bernardo Lantajo (illegally arrested) INCIDENTS: Killing; illegal arrest ALLEGED PERPETRATORS: 19th IB personnel (802nd Infantry Brigade) led by Lt. Benedicto, commanded by Col. Louie Dagoy DATE: 21 November 2005 AHRC UA-216-2005 UP-141-2005 UP-019-2006 UP-222-2006 article 2 • February 2007 Vol. 6, No. 1 75
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Vol. 6, No. 1 February 2007 ISSN 18
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Contents SPECIAL REPORT: THE CRIMIN
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Burma. But where are these laws fou
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The ALRC is acutely aware that thes
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The criminal justice system of the
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When Alberto Yadan (story 12) was m
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A Statement by the Asian Human Righ
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the policemen who killed Baria afte
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A Statement by the Asian Human Righ
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In his 21 February 2007 comments on
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sufficiently adept at creating lawl
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In his letter, Chief Superintendent
Page 25 and 26: cannot excuse themselves of their f
Page 27 and 28: A Statement by the Asian Human Righ
Page 29 and 30: A Statement by the Asian Human Righ
Page 31 and 32: Rotten to the core: Unaddressed kil
Page 33 and 34: Prof. Jose Ma Cui: Shot dead in cla
Page 35 and 36: Later, the village chief, Carlito C
Page 37 and 38: Jesus Servida: Killed for the union
Page 39 and 40: Roderick Aspili: Shot dead watching
Page 41 and 42: professors at the Eastern Samar Sta
Page 43 and 44: a fresh investigation for this purp
Page 45 and 46: Badilla, Palawan.... jurisdiction,
Page 47 and 48: Bishop Ramento also openly opposed
Page 49 and 50: Napoleon Bautista: Abducted, tortur
Page 51 and 52: The perpetrators questioned Pastor
Page 53 and 54: Eladio Dasi-an: Gunned down on way
Page 55 and 56: However, Fr. Geremia was informed t
Page 57 and 58: Noel Capulong: Shot and killed afte
Page 59 and 60: Jose Doton: Tailed and shot on moto
Page 61 and 62: one of the gunmen came close to the
Page 63 and 64: Enrico had just finished a meeting
Page 65 and 66: After several questions, the police
Page 67 and 68: Elpidio de la Victoria: No empty th
Page 69 and 70: Amante hid behind a tree some 70 me
Page 71 and 72: Melanio Evangelista: Murdered in be
Page 73 and 74: found surrounding the house. That e
Page 75: Jose Manegdeg: Same job, new victim
Page 79 and 80: Diosdado Fortuna: “Is there anybo
Page 81 and 82: Dacut and a companion were on their
Page 83 and 84: On October 1, 2004, 327 farm-worker
Page 85 and 86: The AHRC highlighted the case in a
Page 87 and 88: The couple had left Padre Burgos at
Page 89 and 90: It has also been learned that altho
Page 91 and 92: with rifles and the others had .45-
Page 93 and 94: They warned that they would be shot
Page 95 and 96: of the 7th Infantry Division, gave
Page 97 and 98: unnecessarily delayed. Like other l
Page 99 and 100: wore civilian clothes. The men’s
Page 101 and 102: companion, Rahim, after Ed’l Fit
Page 103 and 104: that the remaining equipment of the
Page 105 and 106: esidents about the noise from the c
Page 107 and 108: following us?” He replied, “Ban
Page 109 and 110: The victims, represented by six law
Page 111 and 112: The absence of a law on torture mea
Page 113 and 114: to the detachment, where he was fur
Page 115 and 116: While it is acknowledged that there
Page 117 and 118: Fr. Rolando de Leon: Church service
Page 119 and 120: suggestions from the victims’ fam
Page 121 and 122: police who initially conducted the
Page 123 and 124: While the constitution guarantees t
Page 125 and 126: Take the case of 11 persons, two of
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The Philippines is a signatory to t
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3. The strengthening of agencies fo
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permit outside scrutiny, and a very
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conviction before one can conclude
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(c) The need to restore accountabil
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Appendix II: The Melo Commission Re
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More importantly, it is also undisp
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5. TFU did not investigate Gen. Pal
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5. Reaction to Gen. Palparan’s st
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... 21. Summary/Notable Matters: a.
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My order to my soldiers is that, if
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No witness came forward to testify
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It being well-nigh obvious that som
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(b) With respect to superior and su
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Likewise, the utterance of statemen
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towards the greater ideals of democ
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There should be no requirement that
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Even assuming that these victims an
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esponding to ensure their protectio
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provided in all cases where require
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homicide against Buisan. We were in
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uniformed policemen, reportedly fro
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for fear of the lives due to contin
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members of the armed forces, police
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For the time being we must withhold
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The activists and leaders facing th
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7. The national information agency
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8. Retract statement justifying kil
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5. Questionable evidence The police
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knowledge or information on the com
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(f) he has not at any time been con
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Appendix V: Online Petition— Stop
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article 2 • February 2007 Vol. 6,
Page 193 and 194:
The State party should ensure that
Page 195 and 196:
Other special reports published in
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