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FEATURES/MeloCommissionReport-3/Jan. 22, 2007
INDEPENDENT COMMISSION Created under Administrative Order No. 157 (s. 2006) R E P O R T x x x C. Maj. Gen. Jovito S. Palparan: 1. Introduction Maj. Gen. Jovito S. Palparan served in the Armed Forces of the Philippines for thirty-three (33) years before his retirement on September 11, 2006. He was invited by the Commission to shed light on the heightened number of extrajudicial killings of media workers and political activists that transpired in the various posts to which he was assigned including, but not limited to, the following: Commanding General - 7th Infantry Division, Central Luzon Commanding General - 8th Infantry Division, Eastern Visayas Brigade Commander - 2nd Infantry Division, Mindoro 2. Propaganda War During Gen. Palparan's assignment in Mindoro and Eastern Visayas, the people in the said areas gave him certain disapproving monikers such as “the Butcher,” “Berdugo ng Mindoro” and “Berdugo ng Samar” in the context of the rampant extrajudicial executions of left-wing activists during his assignment. When asked about how he earned these nicknames, Gen. Palparan answered that it was the militants and the CPP-NPA that gave him the nicknames as a part of their so-called “propaganda war.” He stressed that even before his arrival in the areas to which he was assigned, there were already many killings of both militants and non-militants. Gen. Palparan further stated that the killings that transpired during his assignment were merely highlighted as a form of black propaganda to discredit his efforts in the area. 3. Organizations/Party List Representatives as support systems of the CPP-NPA; Enemies of the State Gen. Palparan stated that certain Organizations and Party List Representatives act as support systems providing materials and shelter for the CPP-NPA. However, when asked to name these organizations, Gen. Palparan declined to mention them publicly but only agreed to disclose the names of these organizations in a closed-door session. When asked about his previous statements accusing party list organizations such as Bayan, Karapatan, Gabriela, and Anak Bayan as front organizations of the CPP-NPA with Bayan Muna as the umbrella organization, Gen. Palparan neither confirmed nor denied having made these statements. Upon further questioning, however, Gen. Palparan said that he based this information on video clippings of CPP Chairman Joma Sison naming certain “National Democratic Front Organizations” as the support systems of the CPP-NPA. Gen. Palparan affirmed his earlier statement made before the Court of Appeals wherein he said that these seemingly legitimate and ordinary organizations are actually enemies of the state. He made an exception, however, with respect to members of these organizations who may not really be enemies of the state but are considered as such due to their membership in these organizations. In an interview by Pia Hontiveros and Tony Velasquez on the TV Program “Top Story,” Gen. Palparan was asked why he considered organizations like Bayan Muna as fronts for the NPA. In response thereto, Gen. Palparan said “… a lot of the members are actually involved in atrocities and crimes…” When asked what evidence he had to support this allegation, he said that he had no evidence, but that “he could feel it.” At the Commission hearing, however, Gen. Palparan said that there are witnesses who are former members of these organizations that have severed their membership who can attest to this. These witnesses or their statements were not presented to the Commission. Gen. Palparan also stressed that “a lot of members” and not all members are involved in atrocities and crimes. 4. Gen. Palparan's Statements implicating specific Party List Organizations Gen. Palparan was reported to have made the following statements before the media implicating specific Party List Organizations such as Bayan, Karapatan, Gabriela, and Anak Bayan as fronts for the NPA, to wit: “Even though they are in Government as Party List Representatives, no matter what appearance they take, they are still Enemies of the State.” (May 16, 2006, Philippine Daily Inquirer) “The Party List Members of Congress are doing things to further the revolution, the communist movement…I wish they were not there…” (Interview with Pia Hontiveros and Tony Velasquez -- Top Story) “It is my belief that these members of party list in Congress are providing the day-to-day policies of the rebel movement” (February 3, 2006, French Press Agency) When asked to confirm during the Commission hearing whether or not he made these statements before the media, Gen. Palparan only confirmed the statement given in “Top Story.” With respect to the others, he simply evaded the issue by saying that he was not sure or that he could not recall making the statements. When asked to name which organizations he was referring to as enemies of the state, Gen. Palparan responded “… I just want to be general, I just don't want to specify…” During the latter part of his testimony, however, when he was being questioned by Chief State Prosecutor Zuño, Gen. Palparan specifically named Bayan Muna as a recruitment agency of the CPP-NPA in Mindoro, to wit: … in the course of our operation, there were some reports that that BAYAN MUNA headquarters at the time in Mindoro was used as a hideout of the armed group. And as I said, a recruitment agency because they recruit young people there as members of some organizations then eventually go up in the mountain. And then, there were those who surrendered to us confirming this… 5. Gen. Palparan's view on the repeal of the Anti-Subversion Act Gen. Palparan reiterated his view that the repeal of the Republic Act No. 1700 (the Anti Subversion Act) was a mistake and called for the reintroduction of legislation that would criminalize membership in the CPP and sympathetic organizations. The following statements of Gen. Palparan were reported in connection therewith: I want communism totally erased. (May 21, 2006, Philippine Star) … to wage the ongoing counterinsurgency…-- by "neutralizing" not just armed rebels but also a web of alleged front organizations that include leftist political parties, human-rights and women's organizations, even lawyers and members of the clergy. (“Wagging the Buffalo ”-- September 25, 2006, Newsweek) When asked about his statements, Gen. Palparan confirmed having uttered them but qualified the term “neutralization” by stating that it does not only pertain to physical elimination and armed confrontation but also by promoting dialogues and courting people to support the AFP. 6. Internal Territorial Defense System In the Newsweek article entitled “Wagging the Buffalo,” the following was also mentioned: In the Central Luzon province of Nueva Ecija, Palparan's anti-communist strategy is to engage locals, gather intelligence and identify outside agitators. Small military teams block access to so-called militants representing political parties like Bayan Muna and Akbayan, which Palparan considers “a different face of [communist] political warfare that's not healthy for our democracy.” The goal, he says, is to neutralize rebel activities by empowering the “silent majority.” To that end, the military is creating village-level militia to keep rebels and activists out after soldiers depart. When Gen. Palparan was asked about the accuracy of the report, he initially refused to comment on it. Upon further questioning, however, he qualified some of the points raised therein: 6.1 Empowering the Silent Majority Gen. Palparan said that the greater majority of the people are usually threatened by a small group of bad elements, the CPP-NPA. The majority should be empowered to “defend themselves if they are attacked or propagandized” even by fighting, if necessary. 6.2 Village-Level Militia Gen. Palparan said that the term “village-level militia” is not accurate because according to him, the correct term is “Internal Territorial Defense System” or “Barangay Defense System.” He explained that once the AFP leaves after clearing an area from enemy influence, the residents of that area should be encouraged to organize as a group in order to defend themselves from intruders. 6.3 Correlation between Defense System and escalated killings In an article entitled “Palparan: I Encouraged Civilians to Fight Back ” published in the August 22, 2006, issue of Manila Standard Today, Gen. Palparan was reported to have admitted that wherever he was assigned, the killings escalated. When initially asked about the veracity of the article, Gen. Palparan denied the accuracy of the statement. After further questioning, however, he qualified the statement by saying that the killings were already rampant before his arrival. Thereafter, the incidents of killings would increase during the start of his campaign for a period of about five to six weeks and then afterwards, there is a drastic reduction in the number of killings. 7. Specific inquiries on escalated number of extrajudicial killings during Gen. Palparan's Tours of Duty Gen. Palparan was asked to confirm the contents of lists of victims of extrajudicial executions during his tours of duty in Mindoro (35 killings), Eastern Visayas (22 killings) and Central Luzon (75 killings), but he refused to confirm or deny the accuracy of the said lists because he said he did not have any knowledge of these facts. Moreover, Gen. Palparan refused to give credence to the said lists because they were prepared by Karapatan. 8. Collateral Damage; Civilians and Local Officials; Vigilante Killings During the course of his testimony, Gen. Palparan confirmed making the following statements: 8.1 Civilians Killed in Crossfire My order to my soldiers is that, if they are certain that there are armed rebels in the house or yard, shoot them. It will just be too bad if civilians are killed in the process. We are sorry if you are killed in the crossfire. 9.2 Collateral Damage There would be some collateral damage, but it will be short and tolerable. The enemy would blow it up as a massive violation of human rights. But to me, it would just be necessary incidents. 8.3 Death of Civilians and Local Officials Sorry na lang kung may madamay na civilian;… The death of civilians and local officials were ‘small sacrifices' brought about by the military's anti-insurgency campaign. – Philippine Daily Inquirer 12 September 2006 8.4 Vigilante-Style Actions by Anti-Communist Elements Outside the Military: [T]hey cannot be stopped completely… the killings, I would say are necessary incidents in a conflict because they (referring to the rebels) are violent. It's not necessary that the military alone should be blamed. We are armed, of course, and trained to confront and control violence. But other people whose lives are affected in these areas are also participating... Gen. Palparan, however, denied having made the following statements: 8.5 I encourage people victimized to get even. (Gen. Palparan said that he merely encouraged the people to defend themselves and to fight if necessary.) 8.6 Nabuo ang alsa masa sa Mindoro nuong dumating ako, kumikilos ang mga ito sa alanganing oras. May sarili silang pagkilos. Hindi na kami makapahinga kung pati lahat ng pagkilos nila ay susubaybayan namin. Nakakatulong naman sila sa paglaban sa NPA gayon din ang mga katulad ng RHB. 8.7 The killings are being attributed to me but I did not kill them, I just inspired the triggermen. 9. Responsibility of soldiers under Gen. Palparan's command Gen. Palparan denied the media report quoting him to have said: “ I cannot order my soldiers to kill. It's their judgment call. They do it on their own. ” He clarified that his correct words were: … perhaps maybe, if there are, and if they do that, that's their own responsibility, it's not mine…” Gen. Palparan, however, admitted uttering the phrase: … some soldiers are emotional when their comrades are hurt or killed. There could be soldiers who decide to take the law into their own hands. But that's illegal.” From the tenor of Gen. Palparan's answers, he entertained the possibility that some of his soldiers may have been responsible for the killings although they were not directed by their commander . However, he stated there is still no proven incident linking any of his soldiers in any of the killings. In fact, Gen. Palparan confirmed his statement given before the House of Representatives' Committee on National Defense and Security on May 25, 2005, wherein he said: “I cannot categorically deny that (referring to the military having special units, not properly identified in bonnets and masks, operating in the middle of the night.)” Gen. Palparan, however, also said that if there are facts proving that they (soldiers) are engaged in such activities, he is willing to submit them. He also denounced any involvement by the AFP in the acts that may have been carried out by individual soldiers. 10. On the killings of Mr. Eddie Gumanoy and Ms. Eden Marcellana Gen. Palparan denied any involvement in the killing of Ms. Eden Marcellana. She was in the process of objecting to Gen. Palparan's promotion to Brigadier General before the Commission on Appointments. Gen. Palparan said he was unaware of the police report of the incident stating that military personnel were involved in the abduction and killing of Ms. Marcellana and that there was a witness that identified one of the suspects as a sergeant working as an Intelligence Officer with the 204 th Infantry Brigade under Gen. Palparan's command. When questioned further, however, Gen. Palparan contradicted himself and admitted that he had knowledge of the incident because he accompanied the Sergeant to the DOJ to file his counter-affidavit. Despite knowledge of the involvement of military personnel in the killing of Eden Marcellana, Gen. Palparan did not order the investigation of the military personnel allegedly involved because “… there were already a number of investigators doing such and I don't have authority at that time...” 11. Investigation by the Committee on Civil, Political and Human Rights of the House of Representatives. Gen. Palparan refused to comment on the findings and conclusions of the investigation by the Committee on Civil, Political, and Human Rights of the House of Representatives with respect to the human rights violations in the Southern Tagalog Region, particularly in Mindoro, primarily because the said committee includes Representatives Satur Ocampo, Etang Rosales, and Liza Masa who are allegedly biased considering that they had earlier declared Gen. Palparan as their enemy. Gen. Palparan also refused to confirm the fact that the AFP's defense was that the killings were done by the group called “ Alsa Masa.” 12. Investigation of Gen. Palparan by Presidential Task Force Gen. Palparan said that he was not investigated by the AFP despite the recommendations of the Committee on Civil, Political, and Human Rights of the House of Representatives. He said that he was only investigated by a Presidential Task Force regarding the killings of Mr. Eddie Gumanoy and Ms. Eden Marcellana. Apparently, the said task force did not hold Gen. Palparan responsible for the killings. 13. Command Responsibility Gen. Palparan denied the conclusion that he did not discourage soldiers under his command from taking the law into their own hands. This was inconsistent, however, with his earlier statement wherein he said “ I cannot order my soldiers to kill, it is their judgment call. They do it on their own.” With respect to the conclusion that Gen. Palparan did not actually exert efforts to prevent or stop the illegal acts of his soldiers, Gen. Palparan simply responded “There was no illegal act on my soldiers that anyone could mention.” When asked whether or not he discouraged vigilante-style killings of activists by people or elements outside the military organization, Gen. Palparan replied “ I could not discourage them because I do not even know them.” Gen. Palparan agreed with the concept under the Doctrine of Command Responsibility that “ responsibility for summary executions or disappearance extends beyond the person or persons who actually committed those acts. Anyone with higher authority, who authorized, tolerated or ignored these acts are liable for them. ” In connection therewith, however, he said that his failure to investigate his soldiers allegedly responsible for some of the killings does not constitute tolerance of these acts because none of his soldiers (except in two cases) were identified. When asked about his statement given during a forum in Sulu Hotel on August 21, 2006 “ I am responsible (referring to extra-judicial killings), relatively perhaps ,” Gen. Palparan said that his actions could have encouraged people to take the law into their own hands . Gen. Palparan, however, qualified this by saying it was not really intentional on his part. With respect to failing to take steps at preventing these actions (extrajudicial killings), Gen. Palparan stated: … So if I have, within my capacity to prevent it, I would prevent the same. But in the course of our campaign, I could have encouraged people to do that. So maaaring may responsibility ako doon, on that aspect. But how could I prevent that, we are engaged in this conflict. All my actuations really are designed to defeat the enemy. And in doing so, others might have been encouraged to take actions on their own... … whoever did this … could have been encouraged by my actions and actuations in the course of my campaign, whoever they are. That is why I said relatively. If there are some soldiers, maybe then, I could have been remiss in that aspect. But we are doing our best to keep our soldiers within our mandate. 14. CPP-NPA Purge Theory Significantly, however, when asked about CPP/NPA's participation in the political killings, he testified that the killings are not attributable to the alleged CPP/NPA purge. “I don't charge it to NPA purge.” He also mentioned that he had “to be skeptical on th[ese] report[s].” D. Information from the Commission on Human Rights On October 3, 2006, Chairperson Purificacion Quisumbing of the Commission on Human Rights (CHR) appeared as a resource person and invited members of the Commission to the CHR and to look at their statistics. Initially, she verbalized her displeasure with the subpoena issued to the CHR. While she recognized the creation of the Commission by the President, she however, gave two propositions, viz: (1) for the Commission to send its researchers as their records are open, and (2) have a dialogue on mutual concerns, as a matter of courtesy. Chairman Melo excused the CHR Chairperson as she had no personal knowledge or information of the facts which the Commission was interested in looking into, but directed the General Counsel to coordinate with the CHR to secure the said necessary information from the latter's records. E. Task Force Mapalad: farmers beneficiaries in Negros Occidental On November 27, 2006, in Bacolod City, the Commission conducted a probe of killings involving members of Task Force Mapalad (TFM), a group or organization of farmers-beneficiaries in Negros Occidental. TFM President Rodito Angeles presented several witnesses and documents relative to the killings and wounding of TFM members, who are beneficiaries of the agrarian reform programs and redistribution of landholdings in various parts of Negros Occidental. Some 250 TFM allied farmer-beneficiaries (FBs) attended the hearing and brought with them posters and pictures of family members who died in separate incidents. They claimed that landowners and their goons are responsible for the killings and there is lack of support from authorities to arrest suspects and expedite action on the cases they filed which are pending before the courts or prosecution offices. Among those presented were witnesses on the murders of land reform beneficiaries Mario Domingo, Teresa Mameng, Wilfredo Cornea, Rico Adeva and Ronilo Vasquez. Testifying in the Ilonggo dialect, Jinifer Tinero stated that on May 17, 2006, armed followers of former landowner Farley Gustilo in Hacienda Cambuktot, La Castellana, killed Mario Domingo who was installed as farmer beneficiary. The case for murder is pending before the Provincial Prosecution Office of Negros Occidental. Nenita Adeva told the Commission that on April 15, 2006, at around 4:30 p.m., while she and her husband, Rico Adeva, a TFM organizer, were on their way home to Hacienda de Fuego II, Barangay Bagtic, Silay City, three (3) suspects, namely, Ronald Europa, a certain Boy Negro and an unidentified man, members of the Revolutionary Proletarian Army (RPA), shot her husband, Rico Adeva, ten (10) times, hitting him on his body and head. She said that Rico was shot in her presence as she begged for his life. She filed a complaint for murder before the Office of the City Prosecution Office of Silay City. Lolita Pederiso claimed that on September 3, 2004, security guards of landowner Mario Villanueva led by Juanito Suriaga, destroyed the fence that separated the farmers-beneficiaries in the twenty-one (21) hectares awarded to them under the CARP Law from Villanueva's land. Suddenly, the guards started strafing their houses and the farmers scampered for safety. Early next morning, the body of Teresa Mameng, a leader of the agrarian reform beneficiaries in Hacienda Conchita, Villanueva, Barangay Sag-ang, La Castellana, was discovered at the cornfield near her house. The murder case filed against Suriaga is pending before the Regional Trial Court, Branch 63, La Carlota City. Nenita Cornea testified that on June 26, 2006, at around 8 p.m., her husband, Wilfredo Cornea, was killed by two (2) goons wearing masks in Hacienda Mulawin-Lanatan in Barangay Poblacion, Sagay City. One of the suspects was identified as Amador Villa and farm land administrator Joseph Lacson was linked to the killing. A complaint for murder against Lacson and Villa was filed before the City Prosecution Office of Sagay City. Leticia Vasquez told the Commission that on February 12, 2001, eight (8) armed goons of Gustilo opened fire at TFM ARBs who were harvesting crops in the twenty-three (23) hectares which they had occupied and cultivated and killed Ronilo Vasquez and wounded three (3) others. A case for homicide is pending before the Regional Trial Court, Branch 63, La Carlota City. The other cases presented to the Commission included the following, viz: (a) shooting on December 7, 2002, of Jimmy Mameng and Jonathan Pronete, both of Hacienda Conchita Villanueva, La Castellana. A case for frustrated homicide is pending before the Regional Trial Court, Branch 63, La Carlota City; (b) wounding of Ronito Boltron on January 5, 2004, in Hacienda Mulawin-Lanatan, Sagay City. A case for frustrated murder is pending before Regional Trial Court, Branch 60, Sagay City; and (c) shooting of Edgardo Cauntoy on December 29, 2004, in Hacienda Nelia-Minakalaw in Barangay Rizal and Lopez Jaena by security guards of landowners. Cases for attempted and frustrated murder are pending before the Office of the City Prosecution of Sagay City. Chairman Melo explained that the Commission is focusing its attention on agrarian-related killings because it is within its mandate to look into any case of violence involving media people, militants and activists and to fast-track the investigation of thereof. Since the victims in these cases are farmer activists, they are within the scope of the Commission's mandate. The members of the Commission, impressed by the courage and will to seek justice of the farmer-beneficiaries, who are not in any way anti-government, assured them that the Commission will bring their concerns before the appropriate government agencies for the speedy resolution of their cases. For his part, Chief State Prosecutor Zuno, directed the Provincial and City Prosecutors of Negros Occidental to hasten the resolution of the cases involving farmer-beneficiaries. F. Probe in Davao City On December 11, 2006, the Commission held a whole-day hearing in Davao City to probe the killing of George and Maricel Vigo, Enrico Cabanit, and Hernando Baria, who were likewise involved in agrarian reform efforts and the organization of peasant farmers. 1. George and Maricel Vigo The spouses George and Maricel Vigo were working for People's Kauyahan Foundation Inc. -- a United Nations Development Programme (UNDP) project partner for the upliftment of internally displaced persons, including peasant farmers. George Vigo likewise had a local AM radio show concerning agrarian reform issues. The spouses Vigo were gunned down in Singao, Kidapawan City, Cotobato, by unidentified men on June 19, 2006. Mr. Venancio Bafilar, a friend of the spouses Vigo testified that before he was gunned down, George Vigo confided to Mr. Bafilar that he had been receiving death threats, and that he was being suspected of authoring, making or otherwise being behind the production of a video recording contained in a certain compact disc. This video recording was of a certain “bloodless” raid conducted by NPA rebels upon the municipal hall and PNP Station of Magpet, Cotobato. Bafilar mentioned that the spouses Vigo were political supporters of Congresswoman Emmylou Taliño-Santos and her faction, including Angelita Pelonio, who was running for mayor of Magpet against incumbent Efren Piñol. In fact, Maricel Vigo was working in the office of Congresswoman Taliño-Santos. The Taliños are the political enemies of the Piñol faction, which includes Cotobato Gov. Emmanuel F. Piñol. Essentially, Bafilar's testimony insinuates that the murder of the spouses Vigo was political in motivation, and that the parties responsible come from the camp of the Piñols. The spouses Vigo were also in contact with a certain Ka Benjie, a suspected NPA member, whom George Vigo interviewed a number of times in his radio show. The Vigos were also supposedly eyewitnesses when Ka Benjie was summarily executed by the military. Fr. Peter Geremia, an American priest working for the Tribal Filipino Program of the Diocese of Kidapawan, testified on his knowledge about the deaths of the spouses Vigo . He mentioned that prior to and after the death of the Vigos, he was subjected to surveillance by unidentified armed men. George Vigo also confided to Fr. Geremia that a military asset warned him (George Vigo) that he was in the “listahan” of the military. After the killing of the Vigos, Fr. Geremia also received written death threats that the killing of the Vigos was a message to him and the Tribal Filipino Program that they would be next. The written threat more or less stated that “whoever supports the NPA, death is what they deserve.” In one incident in Columbio, Cotobato, Fr. Geremia was being followed by some men, one of whom suddenly drew his gun. Upon seeing the gun, Fr. Geremia's companions rushed him inside a store and later asked for help from the house of Columbio Mayor Bermudez. Mayor Bermudez, however, stated that there was nothing he could do because, he said, that the gunmen were military. Fr. Geremia also testified that in a media presentation by Col. John Bucu of the 40 th IB Intelligence Unit, he (Fr. Geremia) was identified as a supporter of the NPA -- a fact which Fr. Geremia strongly denies. In fact, Fr. Geremia mentions that after confronting Col. Bucu and clarifying that he was not an NPA supporter, the latter apologized for the false information they received. However, Fr. Geremia was informed that his name and those of his staff are still mentioned in interrogations of suspected NPA's, and that he is still under surveillance, albeit more discreetly. Fr. Geremia stated that the probable reason why he and his colleagues and staff were suspected of being NPA supporters was their constant monitoring of human rights violations and providing legal assistance to suspects detained by the military. In fact, with their aid, some of these suspects filed counter-charges against military officers, such as Major Ruben Agarcio, Lt. Eduardo Manukan, and Col. Cesar Idio of the 25 th IB. Fr. Geremia requested the Commission and the National Bureau of Investigation to look into the threats against him and his staff, and the reason for the surveillance on them. Apart from their oral testimony, the aforementioned witnesses also presented their written statements together with supporting documents. The affidavits of other witnesses, namely Gregorio Alave, Mary Grace Dingal, and Rea Ligtas, were submitted to the Commission. Due to lack of time, however, they were no longer called to deliver oral testimony. Gregorio Alave, the younger brother of Maricel Vigo, claimed to have seen a certain Toto Amancio in the scene of the crime a few minutes before the shooting of the Vigos. Amancio is said to be a notorious gun-for-hire connected with powerful local politicians whom Alave did not identify but insinuated to be the Piñols. Despite his information, the Task Force Vigo created by the provincial government to investigate the Vigo killings accused a certain Dionisio “Jek-Jek” Mandanguit as the gunman. Alave, however, claims that this is not possible because Madanguit belonged to the 39 th Infantry Battalion of the Philippine Army and was in the company of the CIDG long before the Vigo killing. 2. Enrico Cabanit Enrico Cabanit was the chairperson of the WADECOR Employees and Agrarian Reform Beneficiaries Association Inc. (WEARBAI) and the Secretary General of Pambansang Ugnayan ng mga Nagsasariling Organisasyon sa Kanayunan (UNORKA-National). He was assassinated by an unidentified gunman wearing a bonnet at the public market of Panabo City, Davao Del Norte, on April 24, 2006. Wounded in the incident was Daffodil Cabanit, Enrico Cabanit's daughter. As witnesses, the Commission called P/Senior Investigator Wilfredo Puerto and PO3 Domingo Ranain, who investigated the Cabanit murder. PSI Puerto is the Intelligence Officer of the Panabo City Police Station, while Ranain is the police investigator on duty for the Cabanit murder. They both claimed that they already “solved” the crime and that it was a certain Enrique Solon who was the gunman. Enrique Solon was supposedly identified post mortem by eyewitnesses, as he had been killed in similar fashion in General Santos City some days later. Likewise, a certain Benedick Mallorca supposedly overheard Solon drunkenly boasting about killing Cabanit. However, there are numerous discrepancies and suspicious details regarding the investigation which tended to disprove the police theory, thereby prompting the General Counsel to intensively cross-examine the witnesses. In particular, the following details were suspicious: - The body of Cabanit was not autopsied before burial, in violation of standard procedure, and despite requests for autopsy by Cabanit's family; - The supposed eyewitness, Mr. Ryan Catalan, never stated in his affidavit that he saw the face of the assailant. Hence, his identification of Solon's body as the gunman is unreliable. - Solon's body and face at the time the supposed witnesses identified it were severely swollen (as shown in the submitted picture), that it was virtually impossible to identify him based on his alleged fleeting appearance at the crime scene. - The police reported that Cabanit was shot with a 9mm handgun three times, and that they recovered 9mm cartridges at the scene of the crime. However, the NBI expert witness stated that, upon his examination, Cabanit sustained only two (2) gunshot wounds and that, due to their diameter, they could not have been caused by a 9mm slug, but only by no less than .45 caliber pistol slugs. - The police did not bother to bring Daffodil Cabanit to see and identify Solon as the gunman. Daffodil Cabanit is in the best position to see, describe and identify her father's assailant. After several questions, the police officers stated that the investigation was still ongoing in that they have yet to identify the mastermind for the killing. The Commission inquired as to what steps the police were taking to do so. The police officers stated that they were waiting for further information from their witness, Mr. Benedick Mallorca. The Commission noted that the investigation should not be kept idly waiting for a witness to volunteer information, especially since the case of Cabanit is, according to Task Force Usig's report, “under extensive investigation.” The NBI's Medico-Legal examiner, Dr. Edgar Saballa, testified on his autopsy of Cabanit's body undertaken after its exhumation was ordered by the Commission. He discovered that there were two (2) gunshot wounds and not three (3) as stated in the police report. He also concluded that, based on the entry wounds, the weapon used was a .45 caliber pistol, and definitely not a 9mm pistol as stated in the police report. Unfortunately, no slugs were recovered from Cabanit's body for possible ballistic examination. Last to testify was Mr. Rodolfo Imson, the local Regional Director of the Department of Agrarian Reform. He testified as to the good character of Cabanit, but that the DAR has no idea who was behind his killing. He, however, mentioned that violence is a constant problem in the implementation of the agrarian reform program, and that he himself has been receiving death threats from unknown parties. 3. Hernando Baria Hernando Baria was a farmer and officer of a local farmer's group in Iloilo province called the Asao Farmers and Residents Association (“AFRA”). He was shot and killed on July 23, 2005, by policemen during an encounter involving the service of an alleged search warrant. Hernando Baria's widow, Jovita Baria, testified before the Commission that Balasan town Vice Mayor Susan Bedro is the one behind the killing of her husband. According to her, the killing was motivated by her husband being one of the beneficiaries of agrarian reform implementation over the land owned by Bedro, and because he was one of the instrumental officers of AFRA. Upon prodding, however, she also admitted that her husband possessed an unlicensed firearm and fired the same during the encounter with the police. It also appeared that the police were in possession of a search warrant for the AFRA premises where Baria was staying. Jovita Baria filed murder charges against the concerned police officers which are now currently pending with the office of the Ombudsman. G. Presentation of Media groups On November 21, 2006, the Commission met officers of the National Press Club (“NPC”) to discuss the killing of several media men and their chilling effect on press freedom. The members of the media believed that they do not have the power to stop, much less control the killing of media men. The NPC officers cited the law enforcement component, including the evidence gathering, investigation, and prosecution systems, as well as political pressure, as the main problems that need to be addressed in order to solve these killings and to prevent future incidents. They stated that firm and effective law enforcement and prosecution are effective deterrents to this kind of killings. The NPC said that the killing of journalists is most likely related to politicians or moneyed influential persons. Since many law enforcement authorities or policemen are “under the wings” of these politicians or influential persons, it is very difficult for law enforcement authorities to be effective. The NPC cited the killing or wounding of the following media men and the suspects behind them: a. Philip Agustin in Dingalan, Aurora, where the suspect is Mayor Ilarde; b. Alberto Ursalino in Malabon City , where the suspect is a certain Jimenez; c. Jonathan Abayon in General Santos City, where the suspect is an army technical sergeant; d. Pablo Hernandez who received several threats and was stabbed several times but managed to survive. The suspect is a member of the maritime police force. H. Presentation of United Church of Christ of the Philippines and the National Council of Churches of the Philippines. On December 22, 2006, officials of the United Church of Christ of the Philippines (UCCP) and the National Council of Churches of the Philippines (NCCP) met with President Gloria Macapagal-Arroyo and Chairman Melo, among others. The UCCP and NCCP reported that 10 clergy and 5 lay workers of church-based programs have become victims of extrajudicial killings. They also mentioned that 8 UCCP members who were also active in people's organizations were similarly slain. Among those mentioned in the list of slain clergymen is Bishop Alberto B. Ramento of the Iglesia Filipina Independiente whose case has been removed from the list of activist killings and has been classified as one of robbery. While it is was not clear if these killings are within the Commission's mandated scope of the inquiry, the same being neither activist nor media related, the Commission nevertheless endorsed these cases to the National Bureau of Investigation, through NBI Director and Commissioner Nestor Mantaring, who undertook to prioritize and expedite the investigation of these cases. (Back to: Melo Commission Report-1 -- Introduction) * * * (POSTSCRIPT comes out in the Philippine STAR every Tuesday, Thursday and Sunday. Its online edition is uploaded the night before at http://www.manilamail.com)
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