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of the Philippines the criminal justice system is - Article 2

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On May 11 <strong>the</strong> charge <strong>of</strong> murder was reduced to homicide on a<br />

directive from Judge Aventurado. The prosecution sent <strong>the</strong><br />

directive to <strong>the</strong> ombudsman for comment, and it was approved by<br />

<strong>the</strong> ombudsman. Th<strong>is</strong> dec<strong>is</strong>ion and o<strong>the</strong>r circumstances have<br />

led persons siding with <strong>the</strong> victims to suggest that Judge<br />

Aventurado was colluding with <strong>the</strong> accused perpetrators. The<br />

judge had also tried to convince <strong>the</strong> victims’ families to make a<br />

settlement with <strong>the</strong> military, hinting that <strong>the</strong> defendants “are<br />

willing to pay”.<br />

Orders for <strong>the</strong> arrest <strong>of</strong> <strong>the</strong> accused were not <strong>is</strong>sued until 22<br />

November 2006. However, on December 8 when <strong>the</strong>y enquired<br />

about <strong>the</strong> arrests, <strong>the</strong>y were told that <strong>the</strong> <strong>of</strong>ficer-in-charge was<br />

on leave. On December 11 <strong>the</strong>y were told that <strong>the</strong> warrants had<br />

been posted to <strong>the</strong> Municipal Police <strong>of</strong>fice in Mawab, Compostela<br />

Valley, which would be responsible to carry out <strong>the</strong> arrests. It <strong>is</strong><br />

unknown as to whe<strong>the</strong>r or not <strong>the</strong> warrants have actually been<br />

served to <strong>the</strong> accused persons.<br />

82<br />

VICTIM: Jaime Fernando<br />

INCIDENT: D<strong>is</strong>appearance<br />

ALLEGED PERPETRATORS:<br />

Unidentified military<br />

personnel<br />

DATE: 20 November 2006<br />

AHRC UA-380-2006<br />

83<br />

VICTIM: Edgar Sabdula<br />

INCIDENT: D<strong>is</strong>appearance<br />

ALLEGED PERPETRATORS:<br />

Unidentified armed men<br />

DATE: 22 October 2006<br />

AHRC UA-363-2006<br />

84<br />

VICTIM: Cadir Malaydan<br />

INCIDENT: D<strong>is</strong>appearance<br />

ALLEGED PERPETRATORS:<br />

Four unidentified armed men<br />

DATE: 19 October 2006<br />

AHRC UA-363-2006<br />

88<br />

Forced d<strong>is</strong>appearance<br />

Jaime Fernando: An empty f<strong>is</strong>hing boat<br />

After midnight on 20 November 2006, unidentified members<br />

<strong>of</strong> <strong>the</strong> military came to Wawang Atlag, Malolos, Bulacan and<br />

ga<strong>the</strong>red all men in <strong>the</strong> said village, took <strong>the</strong>ir pictures and left<br />

at around 1am.<br />

At around 2 to 2:30am, Jaime Fernando was last seen at <strong>the</strong><br />

Panasahan f<strong>is</strong>h market, located near a military barracks. At<br />

around 7am, h<strong>is</strong> empty boat was recovered floating near <strong>the</strong> f<strong>is</strong>h<br />

market in Malolos; he has not been seen since. H<strong>is</strong> d<strong>is</strong>appearance<br />

<strong>is</strong> suspected to be connected with <strong>the</strong> activities in h<strong>is</strong> village <strong>of</strong><br />

that night.<br />

Edgar Sabdula: Abducted from house one night<br />

On 22 October 2006, a former member <strong>of</strong> <strong>the</strong> insurgent Moro<br />

National Liberation Front, Edgar Sabdula (36), was forcibly<br />

abducted in h<strong>is</strong> residence in Purok 1, Uyanguren, Tigatto,<br />

Buhangin D<strong>is</strong>trict, Davao City. At about 12:15am, a number <strong>of</strong><br />

hooded perpetrators in combat shoes and armed with rifles or<br />

machine guns barged into <strong>the</strong> house and took him from in front<br />

<strong>of</strong> h<strong>is</strong> wife and into one <strong>of</strong> three vehicles: a blue L-300 van, a<br />

white van and a third unidentified vehicle, without plate<br />

numbers. H<strong>is</strong> whereabouts remain unknown to date.<br />

Cadir Malaydan: Pulled into van on way home<br />

On 19 October 2006 Cadir Malaydan was abducted and forcibly<br />

d<strong>is</strong>appeared while travelling home by motorcycle around 10:45am<br />

with h<strong>is</strong> wife, Sitti. They had noticed a green L-300 van tailing<br />

<strong>the</strong>m along Purok 1, Barangay Poblacion highway, Monkayo,<br />

Compostela Valley, close to two adjacent police outposts. The van<br />

overtook <strong>the</strong>m and stopped fur<strong>the</strong>r ahead. When <strong>the</strong>y came close,<br />

<strong>the</strong> van’s doors opened and four hooded men, some in military<br />

uniforms and o<strong>the</strong>rs in civilian clo<strong>the</strong>s emerged and aimed<br />

weapons at <strong>the</strong> couple, telling <strong>the</strong>m to halt. Two were armed<br />

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

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