On All Saints Day, activists call for justice for slain colleagues

By RITCHE T. SALGADO
Bulatlat.com

DUMAGUETE CITY – Justice for slain colleagues and to all victims of human rights abuses.

This was the call of progressive groups in Dumaguete City as they gathered on the morning of All Saints Day, November 1, at the site where farmer activist Fermin Lorico was slain two years ago by an assassin.

“This is a reminder to the Aquino administration to give justice for the death of Nong Fermin and to all victims of extrajudicial killings),” Fabian Magallanes of Bagong Alyansang Makabayan (Bayan-Negros) said.

Lorico, then chairman of local peasant group Kahugpungan Alang sa Ugma sa Gagmay’ng Mag-Uuma sa Oriental Negros (Kaugmaon), was shot at close range by a man riding on a motorcycle sometime in June 2009.

Members of progressive groups in Negros Oriental light candles in memory of Fermin Lorico and other victims of human rights abuse in the province.(Photo by Ritche T. Salgado / bulatlat.com)

More than two years after, the police has yet to come up with a suspect on the slaying of Lorico, according to Juliet Ragay of Babayeng Negrense Isulong ang Kalingkawasan (Banika-Amihan), a local group of peasant women.

Police insincerity

Jose Luis Blanco of Karapatan-Negros revealed that despite the formation of Task Force Lorico months after the killing, there is still no progress on the case. He said that the formation of the task force was but a token act designed to make the police appear that they are doing something on the case. In reality, though, they have not done anything, Blanco said.

Blanco revealed that instead of the police investigating the case, the burden of coming up with a witness and evidence have instead been placed on their organization.

“The police are instead asking us to produce a witness, it’s as if we are the police,” he retorted.

“There’s no clear investigation, they did not even go to the houses near the crime scene,” he added.

Blanco pointed out that the police lack sincerity in solving cases of extrajudicial killings, citing another case – the murder of Rene Quirante, then deputy secretary general of Kaugmaon.

Quirante was beaten up and shot at close range by suspected members of the 11th Infantry Batallion of the Philippine Army on October 1, 2010 in Guihulngan, Negros Oriental.

Unknown to the family, a warrant of arrest was issued last February for a certain Lionel Librado, an alleged rebel returnee who has defected to the military. The warrant was never served to Librado, because apparently the police could not locate him. When the family knew of the warrant, they immediately went to the police station of Guihulngan City to pressure the latter to serve the warrant, but to no avail.

In April, during the hearing of a case against a non-govenrment organization (NGO) worker in Negros Occidental, Librado was presented by the military as a witness to attest the NGO worker’s involvement with the armed movement. Members of Karapatan and Kaugmaon-KMP informed the police, even giving them information as to where Librado could be located, but the only answer they could get from the police was that they were denied access by the military to enter their camp to accost Librado.

Blanco said that despite Aquino’s promise to resolve cases of extrajudicial killings, the murders of Lorico and Quirante, not to mention the hundreds of cases of human rights abuses, are yet to be solved.

From October 10, 2010 to September of this year, Karapatan have recorded 108 cases of human rights abuses in Negros Oriental, including one extrajudicial killing, three cases of torture, and 51 cases of threat, harassment, and intimidation.

The killing of members of progressive organizations is rooted on the malicious tagging of progressive organizations as fronts of the Communist Party of the Philippines,” Magallanes of Bayan explained.

Killings not deterrent but inspiration

However, despite all these killings and the apparent danger in their lives, Ragay said that their resolve to fight against state-instigated tyranny would continue. Rather than becoming a deterrent, the killing of Lorico and Quirante, she said, is an inspiration.

“His struggle for the people is the reason for his death,” she said.

“We will continue to fight the fight of Nong Fermin so that we would be able to show the people the worth of Nong Fermin’s life, especially now when justice is denied from his family,” she added.

Copyright © 2009 Bulatlat. All rights reserved.

A similar story, Progressives remember murdered colleague, was published in The FREEMAN on November 3, 2011.

Human rights in Aquino’s ‘righteous path’

“We have a democracy in name but not in fact.” – Manuel Diokno, president of the Free Legal Action Group

By RONALYN V. OLEA
Bulatlat.com

MANILA –Fr. Fausto Tentorio was finally laid to rest. Well-loved by members of the Manobo tribe whom he served for more than 30 years, Tentorio was shot at eight times by a lone gunman while he was getting into his pick-up truck parked inside a church compound in Arakan Valley, North Cotabato, October 17.

A day after the Italian missionary was murdered, President Benigno S. Aquino III said, “Regardless of who did the crime, they will have to pay. That has been the direction of this administration from the start—you do the crime, you will be in jail.”

Three days after the incident, at the sitio Upper Lumbo, brgy. Kabalantian of the same town,peasant leader Ramon Batoy was shot at close range in front of his pregnant wife and two children by suspected state agents, human rights group Karapatan reported. Col. Joven Gonzales, commanding officer of the 57th Infantry Battalion of the Philippine Army claimed that the death of Batoy was a result of a legitimate encounter with the New People’s Army (NPA) . Two other civilians, Noli Badol and Celso Batol, were reportedly arrested and tortured by the soldiers.

In his first State of the Nation Address (Sona), Aquino delivered a strong message against impunity. His words, however, have not resulted in stopping human rights abuses. Fifteen months since Aquino assumed the presidency, human rights violations continue. Karapatan documented 54 victims of extrajudicial killings, eight victims of enforced disappearances and 29 victims of torture.

In a report released in July, Human Rights Watch pointed out that there have been only seven successfully prosecuted cases of extrajudicial killings, resulting in the conviction of 12 perpetrators.

The New York-based human rights watchdog added that while the military and police, as well as paramilitary forces, have been implicated in many of these killings, there has not been a single conviction of active military personnel. The group also noted that no senior military officer has been convicted either for direct involvement in these violations or as a matter of command responsibility.

The charges filed in relation to killings of journalists are not promising either.

Apart from the Ampatuan trial, there are 15 cases in court in relation to killings of journalists. Preliminary investigation in the murder of Palawan journalist Gerry Ortega led to the filing of charges against the alleged gunman but the perceived masterminds were dropped from the case.

Prima Quinsayas of the Freedom Fund for Filipino Journalists (FFFJ) said that of the 122 journalists killed in the line of duty since 1986, only ten had convictions. Not one of the masterminds was included, only the gunmen and accomplices, said Quinsayas.

Measures wanting

Aquino did not heed most of the recommendations put forward by various human rights groups. In fact, upon Aquino’s inauguration in June 2010, human rights watchdog Amnesty International put forward concrete recommendations to put an end to the killings.

One of these is the issuance of an executive order that clearly states the administration’s commitment to stop the practice of enforced disappearances in the country. In particular, the group called for the establishment of a presidential commission that will review all cases of extrajudicial executions and enforced disappearances during the last decade, in cooperation with independent bodies, with the aim of enabling speedy prosecutions.

AI noted that the Truth Commission formed by Aquino does not include human rights violations.

In December 2010, Justice Secretary Leila de Lima created a task force headed by Justice Undersecretary Francisco Baraan III to review the unresolved cases of extrajudicial killings and enforced disappearances. Pursuant to the directive issued by de Lima, Baraan said they held dialogues with various government agencies.

Finding the PNP’s Task Force Usig and later the Task Force 211 insufficient, Baraan has submitted a proposal to de Lima regarding the creation of a special presidential committee for the prevention of extrajudicial killings, enforced disappearances, torture and media killings. He said previous task forces had only been monitoring cases.

“The president can delegate his commander-in-chief powers to the committee,” Baraan said, adding that the committee should be given the authority to enter military barracks and installations and require explanations from the military and police, file administrative cases arising from command responsibility, among others. “We need a committee that is pro-active.”

Asked to comment on Baraan’s proposal, lawyer Manuel Diokno, president of the Free Legal Action Group (Flag) and dean of the College of Law of De La Salle Univesity (DLSU) said he likes the idea. He added, however, “I don’t think the president has shown any indication that he is open to any of these proposals.”

Linda Hornilla, former DOJ undersecretary, shot down Baraan’s proposal. Also speaking to fellows of the workshop, Hornilla said there are confidential information that the Armed Forces of the Philippines (AFP) would not want the public to know.

“Another thing is the delegation of commander-in-chief authority. This is a huge and enormous power, place it in the hands of a group, not just an individual, that will be a security problem for the military,” Hornilla said.

AI also pushed for legislation that specifically criminalizes enforced disappearances and extrajudicial executions. Malacanang, however, has not included any of the bills pertaining to the protection of human rights in 12 priority legislative measures in the 15th Congress. Several bills, including the Marcos compensation bill, bills criminalizing enforced disappearances and extrajudicial killings, a bill for the protection of human rights defenders, among others, continue to gather dust.

Bayan Muna Rep. Neri Colmenares, whose party list group filed many of these bills, pointed out the lack of human rights agenda of the Aquino administration. He said bills on human rights are often relegated to the “graveyard shift.”

AI said the government should ensure that the military exercises full control over all state-sponsored militias and paramilitary groups and that the Department of National Defense clearly defines and differentiates their purposes, particularly the Citizens’ Armed Forces Geographical Unit (CAFGU), Special CAFGU Active Auxiliary (SCAA), Civilian Volunteer Organization (CVO), police auxiliaries, barangay defense forces, chain of command and accountability mechanisms, or otherwise disarm and disband them.

These steps were not taken. AI noted that President Aquino said he had no plans to disband the paramilitary groups, which according to him, act as “force multipliers” for the military and police, including the CAFGUs, SCAA, CVO, police auxiliaries and barangay defense forces.

AI also mentioned the setting up of a national quick response hotline for families of victims of arbitrary or warrantless arrests and enforced disappearances to gain immediate recourse.

CMFR’s Melinda Quintos de Jesus said media groups have proposed to Malacañang a similar measure to address media killings, the formation of a quick response team (QRT) that will be dispatched to places where incidents occurred. “That’s what we’re waiting for. That’s not happening yet.” “We’re still waiting President Aquino for some dramatic action.”

Counterinsurgency

“What is the real root of extrajudicial killings, enforced disappearances, torture, especially of activists? It is the attitude of the military and police that membership in the CPP-NPA [Communist Party of the Philippines-New People’s Army] is unlawful. I don’t see any improvement. That attitude still remains in the military and police,” lawyer Manuel Diokno said.

Diokno said that while the military and police established their human rights offices and underwent trainings on human rights, the problem is that they have not changed any of their fundamental practices from the time of martial law.

Baraan shared the same observation. “We know why these happen. The mentality of the military [that states] ‘They are Leftists and therefore, they are enemies.’”

“In the case of Fr. Tentorio, the reports are that he had been branded as leftist, that he’s an advocate against mining operations, he’s helping the masses. If you’re helping the masses, you are perceived as leftist,” Baraan said.

As early as April 2008, Philip Alston, former United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, said in his report, ““[T]he military’s counterinsurgency strategy against the CPP/NPA/NDF increasingly focuses on dismantling civil society organizations that are purported to be ‘CPP front groups.’”

Alston pointed out that membership in the CPP is legal, and has been since 1992 when Congress repealed the Anti-Subversion Act.

In 2010, AI called on the Aquino administration to prevent the use of counter-insurgency and counter-terrorism to justify human rights violations.

Human rights group Karapatan pointed out that the policy remains under the Aquino’s counterinsurgency program Oplan Bayanihan.

Baraan himself is not convinced that Aquino is doing enough. “Where state agents themselves are the perpetrators or violators, there is the perception that is created, rightly or wrongly, that the state is encouraging or inspiring human rights violations or pursuing it as a policy. That perception should be erased. The problem is, killings continue and that perception persists. It is not enough for Pnoy to say ‘I will not tolerate killings.’ He should say ‘There’s no place for extralegal killings under my administration,’” Baraan said.

Bayan Muna Rep. Neri Javier Colmenares said political will is necessary to prosecute crimes of extrajudicial killings.

In its July paper, Human Rights Watch noted that while the public rhetoric of senior military officers has changed somewhat since Aquino took office, the change in language “has not yet been reflected in action.”

“The problem of human rights violations is a systemic problem. It is engraved in a society which does not tolerate dissent. If that is the philosophy of government, that is weakening the institutions, that is weakening society,” Colmenares said.

“We have a democracy in name but not in fact,” Diokno said.

Colmenares said a piecemeal solution is not enough. “The solution should be comprehensive. It cannot be divorced from a social reform package.”

In a statement following Tentorio’s death, Bishop Broderick Pabillo, director of the National Secretariat for Social Action of the Catholic Bishops Conference of the Philippines (CBCP), said, “…[w]e desire to see these killings stop rather than be consoled by the platitudes they [authorities] give in exchange for our grief.”

Meanwhile, thousands wept for Tentorio. His death has revitalized calls for justice in the land he so loved. 

This article is a shorter version of the author’s output during the recently concluded 15th Graciano Lopez Jaena Community Journalism Workshop. The workshop was organized by the University of the Philippines College of Mass Communications in cooperation with the Philippine Center for Investigative Journalism and Southeast Asian Press Alliance. This story was awarded as the 2nd Best Story during the 15th Graciano Lopez Jaena Community Journalism Workshop.

Copyright © 2009 Bulatlat. All rights reserved.

A Halloween story: Tuyor's special Adobo

“Even though I cooked it very well, there’s still a curious after taste when I ate it.”

By Cong B. Corrales

HE had less than an hour to finish. His family—he thought—might start suspecting where he got the main ingredient for their supper so late in the evening.

Jovencio Tuyor crazily chopped the onions, garlic, hurriedly crushes the paminta seeds and crumpled the laurel leaves. Simultaneously, he broiled his prized meat he got that evening. “Maybe this would lessen the pungent smell of the meat,” he muttered.

After broiling the meat for 20 or so minutes, he marinated it with vinegar and soy sauce in a pot. He poured all the ingredients he chopped earlier, dashed it with some rock salt and monosodium glutamate and let the contents broil again for another 20 minutes.

Moments later, Jovencio hollered to his wife and kids. “Dinner is ready guys,” he said in vernacular.

It had been a long dry spell without eating meat and kids were famished, the Tuyors ate their repast that night with gusto.

Earlier that evening of September 30, this year, Jovencio, his eldest son Melchor, Rey Dadole, Arante Maravillas and brothers Johnny and Junmar Candar had been drinking in a village store. They were neighbors in Naawan—a sleepy coastal town 30 minutes away from Cagayan de Oro city.

After about 30 minutes into their drinking, the group decided to part ways and call it a night. Ten to 15 meters en route to their respective homes, Arante, Johnny and Junmar heard an eerie shriek. Realizing it was Rey’s voice frantically yelling “mama tabang” (mother help)—they rushed to where the shouts came from.

When they trained their flashlight to where the voice came from they saw Rey, his back to the ground, while Jovencio was striding him plunging and hacking the boy with a scythe. With each lunges and hacks, they could hear the boy’s blood oozing to the grassy ground, where at one moment they even thought they heard it bubbling as Rey gargled his own blood.

Noticing the light, Jovencio looked up to his drinking buddies. “Dili baya mo magsaba bai ha,” (Do not tell anybody about this.) in between heavy panting, he said flatly.

Scared out of their wits, they scrambled to their homes but Melchor remained with his father. Jovencio then scalped half of Rey’s face including one of his earlobes. Not contented, he lopped off the boy’s arm-muscles—both the triceps and bicep—up to his elbow. Father and son, then, hurriedly left for their home.

Estenely, Rey’s mother, having last seen him afternoon of September 30—worried sick—finally decided to file for a missing person at the Naawan Police on wee hours of October 2.

That same day, hours later, Naawan Police found Rey’s mutilated corpse lying on a grassy knoll not far from where the witnesses said they had a drinking spree. Half of his face was missing as well as almost half of his left arm, while 31 stabs and hack wounds were found in the different parts of his torso.

Rev. Sanny Limbag—a minister of the United Church of Christ in the Philippines (UCCP) in Naawan for six years—said that blinding rage may have pushed Jovencio to commit the grisly acts.

Unknown to Rey’s mother and a couple of weeks before that fateful drinking spree, Melchor got mauled in one of the town’s dark alleys. He was pounded so hard he had to go to their village clinic. While recuperating, he identified Rey as his attacker to his father, Jovencio.

However, Jovencio had been known in their village to have committed other disturbing practices.

His neighbors said they once saw him eat a Carabao meat raw after rustling it from a neighboring sitio. Jovencio had also been known to include cat meat in his family’s meals (According to his wife, he was the cook of the family.).

Jovencio was arrested by SPO1 Arnold Sacabin, PO3 Cirilo Manco Sr, PO2 Jope Cagabcab and PO1 Senador Ostero of the Naawan Police Station hours after finding Rey’s body.

During his preliminary inquest last October 23, Jovencio showed no sign of remorse or regret as he stared blankly at the prosecutor who peppered him with questions.

Arante Maravillas and brothers Johnny and Junmar Candar—who stood as witnesses—denied having partaken of Rey’s flesh and subsequently release from the municipal jail where they were held after Jovencio’s arrest.

Melchor—and the rest of the Tuyors—have since left town, leaving Jovencio on his own in Misamis Oriental Provincial Jail, where he is currently being detained awaiting his formal trial.

There he confessed to local media he cooked and ate Rey’s flesh with his family.

“Even though I cooked it very well, there’s still a curious after taste when I ate it,” Jovencio had told media in the vernacular.

Back in Naawan, the people still talk about the incident albeit in hushed tones. Rural grapevine had since abuzz and the sleepy coastal town west of this city will never be the same again.

“After the Tuyor incident, the people here were never the same. I know this will forever be etched in the memories of the people here,” said Limbag.

(All anecdotal situations are based on real events, affidavits of witnesses, police reports and the accounts of the self-confessed cannibal, himself.)

Also published in My Wits End.