The Human Rights Situation of
Released by Karapatan SMR on the occasion of the 59th commemoration
of the United Nation’s Universal Declaration of Human Rights (UN-UDHR)
December 4, 2007
Since Gloria Macapagal-Arroyo assumed office in January 2001, Karapatan- Alliance for the Advancement of People’s Rights- Southern Mindanao Region has documented 224 cases of human rights violations. These violations perpetrated by state security forces have victimized 14, 952 individuals and 537 families in the region.
Main Trends in The Human Rights Situation
1. Impunity in Extrajudicial Killings
Extrajudicial killings in the country remains as the utmost concern in spite the relative decrease of such incidence this year.
KARAPATAN has documented 68 victims of extrajudicial killings for the period of January to November this year nationwide and 9 victims in
Table 1. Annual Tally of Victims of Extrajudicial Killings in
| Year | Numbers of Victims |
| 2001 | 4 |
| 2002 | 16 |
| 2003 | 21 |
| 2004 | 7 |
| 2005 | 7 |
| 2006 | 23 |
| 2007 (January to November) | 9 |
Killings of members of progressive people’s movement continue. KARAPATAN attributes this alarming pattern of killings to a policy of state repression aimed not only at silencing government critics and quelling dissent, but also at annihilating the country’s progressive people’s movement. Thus, the policy to target legal Left personalities continues and still intensifying.
Table 2. Lists of leaders, members of municipal and provincial sectoral organizations and civilians who were killed during the year.
| Name | Organization | Date of Incident | Place of incident |
| 1. Renato Pacaide | Secretary General—Nagkahiusang Mag-uuma sa Davao del Sur and Provincial Coordinator—Anakpawis Partylist | March 2, 2007 | Corner |
| 2. Carlito Getrosa | Member—Bayan Muna North Cotabato Chapter | March 11, 2007 | Purok Narra, Midpapan 2, Pigcawayan, |
| 3. Edgar Mutia | Chairperson—Anakpawis Partylist—Toril Chapter | March 28, 2007 | Brgy. Lubogan, Sitio Carson,Toril, |
| 4. Grecil S. Buya | Elementary Student | March 31, 2007 | Purok-6, Brgy. Kahayag, New Bataan, |
| 5. Aquiles C. Tungal | Public Information Officer of Barangay Napnapan, Pantukan | April 19, 2007 | Sitio Cabahian, Barangay Tibagon, Pantukan, |
| 6. Aurelia Bugahod | Member--Andap Farmers Association-Kilusang Magbubukid ng Pilipinas | April 25, 2007 | Purok 3a and Purok 2, Poblacion, New Bataan, |
| 7. Elias Mabundas | Member--Andap Farmers Association-Kilusang Magbubukid ng Pilipinas | April 25, 2007 | Purok 3a and Purok 2, Poblacion, New Bataan, |
| 8. Alfonso Capiales | Chairperson Magsaysay Farmers Association- Kilusang Magbubukid ng Pilipinas | July 7, 2007 | Purok 12, Brgy Magsaysay, Nabunturan, ComVal |
| 9. Miguilito Singco | Member--Anakpawis Partylist Pantukan Chapter | August 15, 2007 | |
Renato T. Pacaide, 53 years old, Anakpawis Provincial Coordinator of Davao del Sur and Secretary General of Nagkahiusang Mag- uuma sa Davao Del Sur (NAMADDS) was killed last March 2 by two unidentified hooded men riding a red Yamaha DT motorcycle at Lim Extension,
Pacaide was a vocal critic of the human rights violations perpetrated by military elements in Davao del Sur. He was instrumental in bringing the survivor of the Bulane massacre of Matan-ao Davao del Sur to testify before the United Nations Special Rapporteur on Extra-Judicial, Summary or Arbitrary Executions Prof. Philip Alston in
Pacaide was continuously under surveillance since 2004 by unidentified men, believed to be elements of the AFP intelligence unit..
Carlito Getrosa, 49 years old, Bayan Muna member, was shot in the head with a .45 caliber silencer pistol inside his house in Purok Narra, Midpapan 2, Pigcawayan,
Prior to his death, neighbors observed an unidentified man riding a red XRM with no license plate surveilled the perimeter of the victim’s residence from March 8 to 10.
Edgar Mutia, 26 years old, Anakpawis chairperson in Toril, was shot six times at close range by two gunmen using a .45-calibre gun. The incident took place two meters from his house in Sitio Carson, Brgy. Lubogan, Toril,
Mutia survived a previous attempt on his life last November 13, 2003, at the time he was former chair of Anakbayan Toril chapter.
Alfonso Capiales, 72 years old, Chairperson of Magsaysay Farmers Association (MAFA) and Treasurer of Nagkahiusang Maguuma sa Nabunturan (United Farmers Association of Nabunturan, NAMANA) was shot dead inside his house in Purok 12, Brgy. Poblacion Magsaysay,
The investigation result of the Fact Finding Team dispatched by Karapatan Southern Mindanao together with other peace advocates group last July 10 showed that Capiales was felled by soldiers of 60th Infantry Battalion during the mass meeting conducted in the area.
Days before his assassination, Capiales was summoned by the military to the barangay hall, where he was coerced to admit he is a member of the New People's Army given his involvement in peasant organizing. Capiales was also enlisted in the Army’s Order of Battle (OB) as revealed by Brgy. Captain Colberto Tibay.
Capiales’ daughter Bernadeth suffers from trauma after witnessing the incident and the heavy deployment of military in the area following his father's death.
Miguilito Singco, 30 years old, an Anakpawis member and small businessman in Pantukan Compostela Valley Province, was shot dead by 2 unidentified men along Davao Woods, Brgy. West, Tagum City last August 15, 2007. Singco was vocal in opposing the large-scale mining activities in mineral-rich Pantukan.
No serious investigation was made by the police. Leaders of the Armed Forces of the
2. Civilians as objects of attacks
In spite the failure to crush the insurgency, the AFP continues with its implementation of Operation Plan Bantay Laya now on its second phase. This program, however, continues to attack civilians and activists who they consider as enemies or abetting of the state
Grecil S. Buya, 9-years old and resident of Purok 6, Barangay Kahayag, New Bataan, Compostela Valley, was killed during an operation by the composite unit of the 67th, 28th and 72nd Infantry Battalions last March 31. The 10th Infantry Division initially came out with a story saying that the girl is a child combatant of the New People's Army, whom the soldiers killed because she engaged them in a firefight. KARAPATAN lambasted the Division for fabricating such stories which was meant to cover up their atrocity.
Aurelia Bugahod and Elias Mabundas, were killed on the eve of April 25 when elements of the 28th Infantry Battalion strafed their motorcyle at a surprise checkpoint in Purok 2, Poblacion,
The 28th IB may have indemnified the victims, but they do not escape accountability. Earlier, the unit deployed troops in Pagsilaan, Andap, where the victims reside; and placed the victims under tight military guard during their hospitalization.
Aguiles C. Tungal, a farmer of Tibagon, Pantukan,
Adding to the Tungal's grief was the way 25th IB deceptively employed Brgy. Captain Sistosa of Tibagon to facilitate the signing of an affidavit of desistance from Tungal, which led to the termination of the investigation in the Commission on Human Rights.
The military atrocities in the countrysides point to the Arroyo regime's execution of Oplan Bantay Laya 2 to fight insurgency, along with its "war on terror" campaign.
These atrocities violates national and international laws on human rights. Laws such as the Comprehensive Agreement for the Respect of Human Rights and International Humanitarian Law (CAR-HR-IHL), Geneva Conventions Protocols 1 and 2 and the Universal Declaration of Human Rights mandate state military forces to distinguish civilian populace from combatants and are designed protect civilians from being objects of hostilities.
Table 3 Sectoral Profile of the Victims in
| Sector | No. of Victims |
| Farmers | 6 |
| Professionals | 1 |
| Indigenous People | 1 |
| Student | 1 |
Regions, Provinces and Cities identified by the AFP as priority areas in the implementation of Oplan Bantay Laya (OBL) and the deployment of troops registered the most number of extrajudicial killings.
Table 4. Provincial Distribution of Extrajudicial Killings
in
| Province | No. of Victims |
| | 1 |
| | 1 |
| | 1 |
| | 5 |
| | 1 |
3. Survived yet scarred
KARAPATAN documented 13 victims of frustrated extrajudicial killings this year. These victims survived the attack but continue to live with the trauma and fear.
Amancio Carmelo, former Kilusang Magbubukid ng Pilipinas Southern Mindanao Region Secretary General, was tailed by two unidentified burly men at corner National highway and Breeze Street, Magugpo Poblacion Tagum City, Davao del Norte last January 22.
Carmelo had already observed the two men riding a motorcycle in front of Elena’s restaurant after having a dinner with a friend at around 6:30 in the evening. After disembarking from the tricycle, Carmelo saw the same suspicious burly men from the restaurant approaching him and aimed a caliber .45 pistol towards him. He immediately ran away, as he heard shots from behind him.
The incident happened after a rally commemorating the 20th anniversary of the Mendiola Massacre.
Talaingod Children: Carding Colot, 15 years old, Lariang Colot, 12 years old and Ongag Taluwa, 11 years olds Ata-Manobo tribe were injured when two helicopters belonging to the 73rd IB indiscriminately dropped bombs in civilian populated area in Sitio Inalay, Barangay Dagohoy Talaingod, Davao del Norte, after elements from CAFGU’s and Alamara stayed for one night in the community and harassed civilians, last March 14.
The military operations started last March 11 to 16 in the hinterlands communities in the Barangays of Mikapilay, Nalubay, Saso and Lasakan, Talaingod Davao del Norte.
Going by the principles and standards set by the international instruments of human rights guiding civil wars, the situation in Sitio Inalay, Barangay Dagohoy and other neighboring communities in Talaingod Davao del Norte is a classic example of government armed forces disregarding the safety and protection of its civilian population.
4. Missing
KARAPATAN has documented 26 victims of enforced disappearance for the period of January to November this year nationwide and 2 victims in
Since February 18, Lucio Madagat, 52 years old, remains missing after six (6) unidentified armed men who identified themselves as policemen entered the house of Lucio’s brother Herminio in Sitio Lote, Barangay Goma,
Lucio and his brother Lolito were forcibly taken by the unidentified men at 150 meters away from their house. One of the armed men told Lolito to stayp put in his location as they took Lucio along. Lolito waited for 30 minutes for Lucio hoping for his come back. Until now, Lucio Madagat remains missing.
Valentine B. Lapuz, Jr., 23, Laborer at Dasuran 3 Panning area Packer in Maragusan, Compostela Valley, remains missing since April 24, after members of the composite units of 25th, 72nd and 28th IBPAs and CAFGUs chance upon Lapuz during the regular roving activity of the said army units in Purok Mangga, Sitio Baloy, Brgy. Magcagong Maragusan, Compostela Valley Province. According to some witness' accounts, Lapuz suffered torture from the military.
5. The Writ of Amparo case
Luicito Bustamante, 22 years old, was illegally arrested by a paramilitary group manning a checkpoint in Sitio Crossing Quarry, Malabog, Paquibato Dist.,
On 7 November, KARAPATAN together with the family of the victim and assisted by the Integrated Bar of the Philippines (IBP) Davao Chapter, Free Legal Assistance Group (FLAG) and Union of People's Lawyers in Mindanao (UPLM) filed a petition for the Writ of Amparo at the Regional Trial Court 11th Judicial Region in
The following day, Judge Isaac Robillo, Jr. granted to hear the petition for the writ and issued a court order which was served by Sheriff Tupas to the respondents who were given 72 hours for the reply.
On November 14, at around 2:00 PM, Judge Robillo conducted a summary hearing and Regional Trial Court XI Branch 13 Executive Judge Robillo, Jr. ruled that nobody should curtail Luicito Bustamante's liberty and that his basic rights as a civilian must always be upheld.
6. Reign of Terror in Rural and Urban Areas
The Re-engineered Special Operations Team (RSOT) of the 39th Infantry Battalion under Lt. Jerald Ho sows fear and terror among residents of Sitio Bandera Brgy. Balabag in Digos Davao
Farmers from the area reported that their farming activities were disrupted and their lives and properties were at risk from imminent hostilities since the RSOT team of the 39th IB started its so-called census in the said area.
Fully armed 39th IB soldiers have been patrolling in local residents’ farms and had in many instances forced civilians to get inside the makeshift military camp located at the barangay center’s former cooperative building for interrogation.
Nine (9) peasant leaders of Nagkahiusang Mag-uuma sa Lumayan-Bandera, an affiliate farmers organization of Kilusang Magbubukid ng Pilipinas in
7. Elections under the grip of the military
Elections in
An International Observers
1. Partisan politics and intervention committed by the military by campaigning against party lists Bayan Muna, Anak Pawis, Kabataan, Gabriela and Suara Bangsamoro. This is being done through 'pulong-pulong' or barangay assemblies between the military and residents and barangay leaders. In these meetings, the military would tell the residents that the party lists are communist fronts. Residents are then warned not to vote for these groups.
The team recorded the following pulong-pulong that took place:
a. Barangay Kingking, Pantukan on April 15, 2007, conducted by the composite of the 67th, 25th, 28th, 60th and 73rd Infantry Battalion, Philippine army held at the barangay hall. Around 400 residents of the barangay attended the assembly. The two speakers TSgt. Macario Moreno and Ka Allen introduced themselves as rebel returnees.
b. Barangay Kingking, Pantukan on May 13, called by the 73rd and 60th IB held at GKK San Lorenzo Ruiz chapel. The activity was attended by around 100 residents.
2. Massive military deployment in the two municipalities. In Pantukan, there is the composite of the 60th ,66th, 27th, 72nd, 73rd, 25th Infantry Battalions and integrees. While in New Bataan there is the composite team of 28th, 67th, and 60th IB.
3. Military special operations team camped in barangay halls, schools and day care centers in barangays, which started two weeks prior to the filing of local candidacy. Their presence were disliked by teachers, fearing for the safety of the students. Seven barangays in Pantukan were affected, namely Bongabong, Tambongon, Tibagon, Tagdangua, Magnaga, Kingking, and Fuentes. While in New Bataan, the 28th IB and 67th IB pitched camp in the school premises of
4. Conduct of house to house surveys in Pantukan in April, where residents were asked about basic profiles such as name of parents and children, employment and education.
5. Smear campaign and black propaganda conducted by the military in Pantukan against Belen Galleto, a candidate for councilor and member of Anak Pawis. The campaign was spread also during barangay assemblies. Galleto also said she received reports that she is included in the Order of
6. In New Bataan, soldiers aboard armored carriers and trucks were stationed in the precincts in
7. Canvassing of votes in New Bataan was suspended as of 6 pm on May 15 when the election officer, Armeli Entero, received death threats through text message to her cell phone. The text warned her to stop counting. This incident happened after the mission was already proceeding to
8. Bayan Muna coordinators in New Bataan were tailed by six men in motorcycles when they were traveling from their headquarters to a Bayan Muna activity Brgy. Panag on April 26. The motorcycle men were wearing fatigue jackets and camouflaged shorts. The pursuit stopped when they diverted the men.
9. Bayan Muna members were intimidated from attending a burial and protest of the deaths of fellow members committed by the military. The members were intimidated by team of the 67th and 28th composite team that conducted a roving patrol of the area.
10. Mercy Bonsolto, a coordinator of an opposition candidate in New Bataan, and two other companions including her husband, survived an ambush in their vehicle the night before the elections. A bullet hit the side of the car. She identified some 20 men in motorcycles hiding in the dark, which he possibly identified one of them as a police bodyguard of the incumbent mayoralty candidate.
11. Military checkpoints were also established along highways in the province. The mission encountered such in Mabini, Nabunturan, and Montevista municipalities.
These incidents would picture a climate of fear prevailing in these municipalities in
The partisanship of the military also betrays the statement of the Armed Forces of the
The military campaign is also bolstered by the statement of the AFP Eastern Command Chief Lt. Gen. Rodolfo Obaniana that he is making his "personal crusade" to dissuade people to vote for the "regressive party lists". The statement is spread to the media in
From the incidents, the violations on elections laws include military intervention, harassment, intimidation and threats, and disenfranchisement. (report lifted from the IOM-SMR Mission Report)
8. Militant leaders cleared
Eight leaders of militant groups, collectively known as
The incident was a tactical victory of the street parliamentarians in the struggle for justice and in the assertion of the rights and welfare of the ordinary Filipinos.
The eight local progressive leaders were linked to rebellion charges filed against Bayan Muna Rep. Joel Virador in the heat of the crackdown against progressive groups during the pronouncement of the State of
The Davao 8 are Bayan secretary general Ariel B. Casilao, Bayan Muna paty-list regional coordinator Jeppie Ramada, Kalipunan ng Damayang Mahihirap (KADAMAY) Davao City chairperson Editha Duterte, Samahan ng mga Maralitang Kabababihang Nagkakaisa (SAMAKANA) Davao City Chapter chairperson Corazon Espinoza, Kilusang Magbubukid ng Pilipinas regional chairperson Antonio Flores and then Anakbayan leader Lorie Ann A. Cascaro.
Two operatives of the Criminal Investigation and Detention Group (CIDG) region 11 issued affidavits against the eight leaders. They were in turn charged by the eight leaders for falsifying affidavits and perjury. All cases were dropped after the two operatives issued an apology.
Despite the continuing crackdown against progressive militant leaders across the country, the aquital of the
9. Curtailing Civil Liberties
The Arroyo government continues to renege on its commitment in the peace process, specifically in decriminalizing political detainees. The act of criminalizing political dissent has not ceased with the continued arrest and detention of activists, community organizers, peasants, workers, women and even minors. Most of the political prisoners were victims of arbitrary arrest and detention. Among them are peasants involved in land disputes, political activists, suspected NPA, MNLF, and MILF supporters, ordinary Muslims and fall guys presented and paraded before the media in the government’s campaign against “terrorism.”
Presently, Karapatan is providing legal services to 26 political prisoners in Southern Mindanao Region who had been charged, tried or convicted of common crimes, which unjustly covered up the true political nature of their cases.
This contravenes the political offense doctrine upheld by the Supreme Court in the Amado V. Hernandez case (99 Phil 515, 18 July 1956), otherwise known as the Hernandez doctrine. Together with other prisoners, political detainees suffer the deplorable conditions of congested and poorly maintained jails.
The people’s response
The strong campaign against extrajudicial killings, enforced disappearances and other forms of human rights violations and the gravity of the situation have put the Arroyo regime on the defensive:
On Alston Visit:
We presented the necessary documents before the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions Special Rapporteur Philip Alston during his visit to Davao Last February 18. The said documents cite the culpability of state agents and authorities to the increasing number of killings in the region.
Karapatan has high regard for Prof. Alston’s 10-day Philippine Mission as he submitted to the Human Rights Council a report analyzing the compliance by the
On the International Observers
Parliamentarians, lawyers, church leaders, members of the academe and media, artists, civil libertarians, professionals, students and human rights defenders from different countries observe the conduct of Philippine Election last May 14 in Pantukan and New Bataan Compostela Valley Province for the IOM Southern Mindanao Leg.
To delegation were able to investigate and expose election fraud and violence and drew some conclusion as to the state of the May 2007 elections in the
Over-all they were able to give support and contribution to the people’s efforts at countering the cycle of election fraud and violence in the Philippines, with special attention to those committed against pro-democracy and pro-people party-list organizations and opposition candidates critical of the Macapagal-Arroyo government as particular targets of political killings and violence and are expected to be subjected to massive fraud.
On the FIDH Visit
Karapatan presented our political detainees who usually fall victims of Torture immediately after arrest and detention. Furthermore, all necessary documents were also presented to Mr. Mouloud Boumghar, jurist specialized in public international law and in human rights. He is the official representative of FIDH’
The mission’s objective was to examine whether the fight against terrorism in the
On the Grecil Case:
The pursuit of justice and indemnification on the tragic and untimely death of girl-child Grecil Buya is still continuing.
Murder charges against 2nd Lt. Francis John Gabawa of the 67th IB was filed before the Regional Trial Court XI Branch 3 in Nabunturan Compostela Valley Province last April 18. Howevre the case was dismissed for lack of merit.
On April 24, the victim’s parents together with Childrens Rehabilitation Center National office staff filed murder complaints before the Commission on Human Rights- Mindanao Commissioner Dominador Calamba. However, on June 4, the Galacio’s received the CHR resolution dismissing the case filed for lack of merit.
On April 27, the family filed Homicide and Grave Misconduct charges against Lt. Gabawa before the Office of the Deputy Ombudsman for the Military. On June 6, the victim’s parents received a copy of the order from the said office mandating Lt. Gabawa to file a counter-affidavit as part of its preliminary investigation on the case.
KARAPATAN calls:
KARAPATAN calls for the immediate pull-out and the stop of military operations in the hinterlands that terrorized the people as CARHRIHL and other Protocols of War are not properly observed!
We hereby unite once again to uphold our rights and defend our basic freedoms. We will not sit idly by while the instruments of the state themselves violate these rights, curtail and attack these freedoms and instill fear in the hearts of Filipinos, particularly those already marginalized and oppressed!
We demand a stop to the killings and harassment of activists, journalists, church workers and lawyers! We demand that the perpetrators be brought to justice!
We reprove Gloria Macapagal-Arroyo’s hypocritical move in abolishing death penalty but commends extra-judicial killings!
We oppose militarization of rural and urban communities! We call for the scrapping of the Human Security Act!
We hold the Arroyo government to account for the abominable state of human rights and civil liberties in the country today!
Hold on the Victories of Struggle Against State Terrorism of the US-ARROYO Regime!
Deject Oplan Bantay Laya II!
