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In the line of fire: Atty. Rodolfo Felicio

The National Union of Peoples’ Lawyers (NUPL) mourns the passing of one of its members, Atty. Rodolfo R. Felicio, as it is outraged by how he was mercilessly felled by bullets of lawless elements last Sunday, August 24, 2014 at Floodway, Taytay, Rizal while reportedly amongst his clients.

As of this writing, the authorities have yet to ascertain the name/s of the suspect/s but are considering his active involvement in a land dispute case as a possible motive for the killing. This early, nonetheless, it is clear that he was killed while in the course of performance of his duties as a lawyer.

Atty. Felicio is an active member of NUPL-Rizal Chapter. A true peoples’ lawyer and a jolly good fellow, he is always quick and ready to respond to calls for legal assistance and is, in fact, a reliable hand in Quick Reaction Teams (QRTs) sent out by the NUPL and human rights group KARAPATAN-Rizal to address human rights cases. He is also a part of the private prosecution team, along with other NUPL lawyers, in the Olalia-Alay-ay double murder case.

Atty. Felicio is a graduate of University of San Carlos in Cebu and, prior to being a solo practitioner in Rizal area, worked for the Commission on Human Rights. His killing is particularly a tremendous loss to the people of Rizal, his family, friends and relatives, to us fellow peoples’ lawyers and to the legal profession, in general. As aptly remembered by a friend and colleague in peoples’ lawyering, Atty. Ming Saladero, “Si Atty. Felicio ay palatawa, palabiro at masipag sya sa pagQRT sa mga hinuhuli. Sya ay katuwang ng KARAPATAN, Rizal. Malaking kawalan sa amin ang pagpanaw nya hindi lamang sa HR kundi pati bilang kaibigan.

For the nth time, we call on the government to solve with dispatch the rising impunity in the killings of lawyers and other human rights defenders. We shall also seek the help of the Integrated Bar of the Philippines (IBP), the International Association of Democratic Lawyers (IADL), and the Lawyers for Lawyers Foundation (L4L) in seeking justice for our slain colleague.

We have already lost five from our ranks in a decade, and innumerable others subjected to various forms of attacks ranging from surveillance, labeling, intimidation, harassment, threats, plus false or nuisance charges and discrimination.

We have lost too many and cannot afford to lose yet another in the hands of those who show no respect for the law and no regard whatsoever to life. As we remember those who have died in the line of fire, we must protect those who are left standing, especially those who are one with the people in their causes, principled, weather-beaten and under attack. We shall carry on, Rudy.

References:
Remigio Saladero
NUPL-Rizal Chapter President
+639185435609

Maria Cristina Yambot-Tanseco
NUPL- Rizal Chapter Secretary General
+639178470301

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National Secretariat
National Union of Peoples’ Lawyers (NUPL)
3F Erythrina Building
Maaralin corner Matatag Streets
Central District, Quezon City, Philippines
Telefax no.920-6660
Email addresses: nupl2007@gmail.com
and nuplphilippines@yahoo.com
Follow us on twitter @nuplphilippines
and facebook @https://www.facebook.com/nuplphilippines
Visit the NUPL website at http://www.nupl.net/

Generals Visaya and Año sowing Palparan-style terror in Mindanao — Karapatan

http://www.karapatan.org/Generals+Visaya+and+A%C3%B1o+sowing+Palparan-style+terror+in+Mindanao

“Gen. Palparan may be in jail, but his trained dogs, Brig. Gen. Ricardo Visaya and Gen. Eduardo Año are sowing terror in Mindanao,” Cristina Palabay, secretary general of Karapatan said as human rights violations continue to rise in Mindanao.

Gen. Visaya is acting commander of the 4th Infantry Division Philippine Army (IDPA) covering seven provinces of Northern Mindanao, including Bukidnon where a Lumad was recently killed. Gen. Año is recently appointed as commander of 10th IDPA in Davao provinces where soldiers are conducting “hamletting” in Brgy. Gupitan, Kapalong, Davao del Norte.

“Hamletting” is the practice of placing a community in direct and strict military control. This includes, among others, imposition of curfew hours, listing of names per household, controlling the mobility of people in and out of the ‘hamlet’.

“While the butcher Palparan is in jail, his terror continues. This means that the prosecution of one general is not enough to change the human rights situation in the country. The government should stop implementation of its counterinsurgency program Oplan Bayanihan, and all butcher generals should be held accountable for their crimes against the Filipino people,” Palabay said.

Año and the Agila Division

Gen. Año, when appointed to head the 10th IDPA promised to have a ‘decisive win’ against the New People’s Army in Southern Mindanao ‘through preponderance use of force’. “But, like Palparan, Año turns his gun against civilians,” said Palabay.

On July 18, soldiers began to encamp in a school and a church in Sitio Kapatagan, Brgy. Gupitan, Kapalong, Davao del Norte. Elements of the 60th IB ransacked the house of Purok leader Mario Liban and took his stock of rice. The incident came after the New People’s Army released its prisoner of war Col. Rogelio Rosales in Kapalong, Davao del Norte.

July 20, additional 40 soldiers of the 60th IB arrived in Sitio Mangkay in Kapalong. Helicopters landing on the fields to deliver supplies for the soldiers ruined the crops of the farmers. The soldiers harassed the tribal chief Datu Herminio Suminggil by forcing him to tell where the NPA fighters are.

“The soldiers imposed curfew hours, allowing residents to get out of the community from 7a.m. to 11am only. This restrained the farmers to tend their fields thus, disrupting their livelihood.” Palabay added.

The 60th IB arrested the couple Jerry and Tata Antonio in Sitio Mangkay and forced them to admit they were involved in the NPA’s capture of Col. Rogelio Rosales.

In the afternoon of July 29, soldiers of the 60th IB ordered the residents of Sitio Kapatagan to line up and threatened to strafe them as retaliation to the NPA. It was learned that a contingent of the 60th IB was ambushed by the NPA in the morning of the same day.

On July 30, soldiers used the children of the villages of Mangkay and Kapatagan as guides in their operation. Because of fear, the children agreed go with the soldiers.

“The extrajudicial killings, hamletting, harassment, forced surrender, encampment of schools and places of worship, destruction of property, threats, and the use of children as shields are all part of Oplan Bayanihan. Gen. Palparan used this same formula under Oplan Bantay Laya, which Gen. Año continued in Central Luzon resulting to the disappearance of Jonas Burgos, among other cases of rights abuses. Terrorizing civilians is the same strategy that the AFP has been using,” Palabay said in condemnation.

It was learned that Sagitarrius Mines Inc., (SMI)-XStrata has applied for mining exploration in Kapalong. “Other than the insurgency, it seems that the military is sweeping away opposition for SMI- XStrata’s entry in the town. The 60th IB now acts as private guards for the SMI-XStrata. This is the same company that paid the 27th IB and paramilitary groups in the massacre of the Capion family in Tampakan, South Cotabato,” Palabay said.

Extrajudicial killing in Bukidnon

Another Palparan protégé Brigadier Gen. Ricardo Visaya was appointed “acting commander” of the 4th Infantry Division of the Philippine Army based in Cagayan de Oro City in 2013 and is now attempting to sow the same terror in Northern Mindanao.

Visaya was the commanding general of the 69th IB-PA implicated in the Hacienda Luisita massacre in 2004. He was also responsible for the abduction and torture of farmers Raymond and Reynaldo Manalo on February 14, 2006. Elements of the 69th IB-PA, then headed by Visaya, were involved.

Marcel Singaman Lambon, 28 years old, was gunned down on August 14, 2014 in front of a sari-sari store in Barangay Kalabugao, Impasug-ong, Bukidnon.

As a habal-habal driver, his uncle Rodelio Turay hired him to bring the corn to the milling station.

There they saw Dodoy Genton, a member of Special Civilian Armed Auxiliary and Maru Sanugan, a known military asset. Genton and Sanugan deceived Lambon and Turay to go to a nearby sari-sari store where Lambon was shot twice. Lambon died on the spot.

Lambon was a council member of the PIGYAYUNGAAN (a Lumad organization representing the Higaonon tribe of Kalabugao, Impasug-ong, Bukidnon). Lambon led his organization in the campaign against environmental destruction and the expansion of an oil palm plantation in the Municipality of Impasug-ong. ###

Reference:
Cristina “Tinay” Palabay
Secretary General
+63917-3162831

Angge Santos
Media Liaison
+63918-9790580

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PUBLIC INFORMATION DESK
publicinfo@karapatan.org
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Alliance for the Advancement of People’s Rights
2nd Floor Erythrina Building
#1 Maaralin corner Matatag Streets, Central District
Diliman, Quezon City, PHILIPPINES 1101
Telefax: (+63 2) 4354146
Web: http://www.karapatan.org

KARAPATAN is an alliance of human rights organizations and programs, human rights desks and committees of people’s organizations, and individual advocates committed to the defense and promotion of people’s rights and civil liberties.  It monitors and documents cases of human rights violations, assists and defends victims and conducts education, training and campaign. 

Hold Palparan, other rights violators and the fascist state accountable for crimes against the people

One human rights violator is in jail because of the persistence and courage of victims’ families, eyewitnesses and human rights workers to work for justice.  Ret. Major Gen. Jovito Palparan is now jailed in Bulacan after having been presented in court last August 18.  He was arrested last August 12 for the abduction and torture of University of the Philippines students Karen Empeno and Sherlyn Cadapan.

Palparan was the main actor in Oplan Bantay Laya I and II underwhich more than a thousand extrajudicial killings, and hundreds of enforced disappearances were perpetrated.  Palparan was unleashed, lauded and hailed by then Commander in Chief Gloria Macapagal-Arroyo.  He was made a role model for the implementation of the government’s counter-insurgency program and policy that resulted to the most brazen human rights violations perpetrated with impunity with 5 extrajudicial killings of activists in a week during its height.  Oplan Bantay Laya was the State policy that legitimized the enforced disappearance of James Balao.  It was the State policy that legitimized the extrajudicial killings of 9 farmer-hunters in the Cordillera from 2003-2010 and the extrajudicial killings of activists Romy Sanchez, Jose ‘Pepe’ Manegdeg III, Albert Terredano, Jose Doton, Rafael Markus Bangit and Alyce Claver.

Palparan’s being in jail is among the strongest testaments to State fascism.  The Armed Forces of the Philippines (AFP) and the State are violators of human rights and they have to be held accountable.

What must be exacted?

Justice.

It has to be exacted to hold Palparan and Arroyo accountable for their violations.  It has to be exacted hold the other Palparans in the AFP accountable.  It has to be exacted to stop the fascist State policies and the State that creates violators like Palparan.

Palparan is not the only butcher in the Armed Forces of the Philippines.  Impunity has not been shattered with his arrest.

The continuing violations committed by State security forces patterned after Palparan’s style and in implementation of State security policy remains.  We speak of the continuing extrajudicial killings in the country since 2010.  We speak of the massacre of Ama Licuben, Eddie and Fermin Ligiw in Abra by the 41st Infantry Battalion (IB).  We speak of the extrajudicial killing of human rights worker William Bugatti.  We speak of the terror brought about by State security forces who trample on people’s rights and do so with the premise that they will not be held accountable for it.

Villages in the Cordillera are currently subjected to militarization as troops under the 5th Infantry Division (ID) of the AFP implement Operation Plan Bayanihan.  They wage war against the people, especially those resisting imperialist plunder and those asserting people’s rights and self-determination.  Soldiers encamp in villages occupying schools, barangay halls and homes, inflict harm on women and children and desecrate indigenous socio-political structures and practices.  Community people become targets of military operations or targets of reprisals of State security forces especially in the aftermath of their armed engagements with the New People’s Army (NPA).   These are also in reminder of what Palparan did during the implementation of Oplan Lambat Bitag in the Cordillera in the late 1980s and early 90s and what he has yet to be accountable for.

It took years before the arrest of Palparan was made putting in question the sincerity of the Aquino administration to facilitate the delivery of justice.  The arrest was done at this time when the Aquino administration is at its desperate throes of propping up its rule. The arrest was done while the Aquino administration implements Oplan Bayanihan which is no different from Oplan Bantay Laya.  The arrest was done in contrast after political prisoners, men and women – now more than 500, were unjustly arrested and put behind bars because they were defying State repression and because trumped up charges were filed against them.  The most recent case is that of Mr. Eduardo Esteban – a 60- year old businessman from Iloilo – arrested in Jaro, Iloilo and brought to the Abra Provincial Jail.  For the PHP 5.8 M bounty to be collected, the AFP has alleged him to be the Mr. Manuel Esteban they have accused to be a top-ranking leader of the Communist Party of the Philippines (CPP).  Yesterday, August 20, the AFP awarded PHP 3.2 M to the “tipster” to the November 2012 arrest of Grayson Naogsan – son of Cordillera Peoples Democratic Front spokesperson Filiw Naogsan.  Esteban and Naogsan are unjustly detained at the Abra Provincial Jail because of trumped up charges.

Working for justice is a continuing challenge.  We stand by the Empeno and Cadapan families who represent all victims of human rights violations and their families in the case against Palparan and violators like him.  The people’s courage and perseverance, in the end will prevail against the violators of human rights and against the fascist State.

For reference:
Audrey Beltran
Deputy Secretary General
Cordillera Human Rights Alliance
Mobile no.  09189199007

Cordillera Human Rights Alliance
55 ferguson road
baguio city, philippines
telefax: +63. 74. 443. 7159
telephone:  +63 74 304 4239
cp:  +63 918 919 9007
email: chra.karapatan@gmail.com

Indigenous peoples leader arrested on trumped-up charges

KASALO-Caraga Secretary General, KATRIBU 2nd nominee Genasque Enriquez arrested on trumped up frustrated murder cases

Case:    Political Persecution, Illegal Arrest, Illegal Detention on Trumped Up Charges

Victims: GENASQUE B. ENRIQUEZ

Male, 41 years old, father of 4, Secretary General of Kasalo-Caraga and second nominee of KATRIBU Partylist

Place of Incident:   Dale’s Food House, Rizal St., Surigao City

Date of Incident:    August 22, 2014 at around 1 o’clock in the afternoon

Alleged Perpetrator(s): Philippine National Police-Surigao City, 30th Infantry Battalion of the Philippine Army, and elements of the Criminal Investigation and Detection Group.

Account of the Incident:

At around 1 o’clock in the afternoon of August 22, 2014, GENASQUE B. ENRIQUEZ was arrested in Surigao City, by virtue of an alias warrant of arrest issued against him in March 25, 2013 by the Regional Trial Court Branch 28 of Lianga, Surigao del Sur. Three counts of frustrated murder (Frustrated murder case no. L-2540) have been filed against him by elements of the Philippine Army.

Enriquez was about to leave Dale’s Food House in Rizal St., Surigao City when members of the PNP-Surigao City, 30th IB PA and the CIDG arrested him. Genasque just came from a press conference held by members of the Abolish Pork Movement (APM) and representatives of people’s organizations in Caraga in the same restaurant. The group was scheduled to travel to Cebu City tonight to attend the People’s Congress to Abolish Pork through the People’s Initiative Bill on August 23.

The members of the police, military and the CIDG took Enriquez and brought him to the CIDG detention center at the Surigao City Hall where he is currently detained.

Genasque B. Enriquez is the current Secretary General of Kasalo-Caraga. He has been a victim of intimidation and harassment committed by elements of the Armed Forces of the Philippines operating in Caraga. He has been among those in the forefront to demand the respect of human rights of the indigenous people (IP), expose human rights violations committed by operating troops of the Armed Forces of the Philippines against the indigenous people and communities and protesting against the destruction of ancestral lands by large scale mining operations and plantations. He has been vilified countless times by officials and spokespersons of the AFP on air during radio interviews and in face-to-face negotiations and dialogues.

Kasalo Caraga has been accused without basis for being a front of the CPP-NPA because of its staunch support for grassroots IP organizations,its anti-largescale mining campaign and human rights work.  Enriquez has previously faced trumped up charges of murder and frustrated murder, associating him with known offensives of the NPA which were later dropped by the Office of the Prosecutor and Department of Justice after further investigation.

As his experience in the previous case he faced, he has not received any notice of complaints filed against him from the Surigao del Sur Prosecutor’s Office, thus depriving him of his right to respond to the complaint as per due process.  They failed to inform him of the current cases that were the basis of the alias warrant that was served to him during his arrest.

Karapatan-Caraga believes that the charges made against Genasque B. Enriquez are trumped up cases and his subsequent arrest was aimed at silencing him and his organization.
Recommended Action:

Send letters, emails or fax messages calling for:

  1. The immediate release of GENASQUE ENRIQUEZ.
  2. Immediately withdraw the frustrated murder charges against GENASQUE ENRIQUEZ.
  3. Immediately release GENASQUE ENRIQUEZ from detention.
  4. The Philippine Government to observe the Universal Declaration of Human Rights and all the major human rights instruments that it is a party and signatory to.
  5. To stop political persecution, illegal arrests, detention on perceived enemies of the Philippine Government.

You may send your communications to:

H.E. Benigno C. Aquino III
President of the Republic
Malacañang Palace,
JP Laurel St., San Miguel
Manila Philippines
Voice: (+632) 564 1451 to 80
Fax: (+632) 742-1641 / 929-3968
E-mail: op@president.gov.ph

Sec. Teresita Quintos-Deles
Presidential Adviser on the Peace Process
Office of the Presidential Adviser on the Peace Process (OPAPP)
7th Floor Agustin Building I
Emerald Avenue
Pasig City 1605
Voice:+63 (2) 636 0701 to 066
Fax:+63 (2) 638 2216
stqd.papp@opapp.gov.ph

Ret. Lt. Gen. Voltaire T. Gazmin
Secretary, Department of National Defense
Room 301 DND Building, Camp Emilio Aguinaldo,
E. de los Santos Avenue, Quezon City
Voice:+63(2) 911-6193 / 911-0488 / 982-5600
Fax:+63(2) 982-5600
Email: osnd@philonline.com, dnd.opla@gmail.com

Atty. Leila De Lima
Secretary, Department of Justice
Padre Faura St., Manila
Direct Line 521-1908
Trunkline 523-84-81 loc.211/214
Fax: (+632) 523-9548
Email: lmdelima@doj.gov.ph,
lmdelima.doj@gmail.com,
lmdelima.doj2@gmail.com

Hon. Loretta Ann P. Rosales
Chairperson, Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue
Diliman, Quezon City, Philippines
Voice: (+632) 928-5655, 926-6188
Fax: (+632) 929 0102
Email: chair.rosales.chr@gmail.com, lorettann@gmail.com

Please send us a copy of your email/mail/fax to the above-named government officials, to our addresses below:

KARAPATAN CARAGA
2nd Floor, Gabriela Women’s Resource Center
Fourth Street, Guingona Subdivision
Butuan City 8600
Agusan del Norte
Philippines
karapatancaraga@gmail.com

 

Jardeleza appointment, another Aquino ploy to keep Hacienda Luisita

The recent controversial appointment of former Solicitor General Francis Jardeleza as Associate Justice of the Supreme Court (SC) is another brazen maneuver by President BS Aquino for him to be able to continue corrupt practices as Pork Barrel King and to secure Cojuangco-Aquino interests in Hacienda Luisita.

As Solicitor-General, Jardeleza repeatedly echoed the Cojuangco-Aquinos’s position, practically undermining the SC’s landmark decision on land distribution and truthful accounting of Hacienda Luisita, Inc. (HLI) assets. As Justice, Jardeleza is expected by BS Aquino to defend and eventually declare “legal” the sham land distribution implemented by the Department of Agrarian Reform (DAR) and all other anomalies by the Aquino regime in Hacienda Luisita.  

Jardeleza defended the DAR before the SC last year by arguing that the DAR is correct to oblige beneficiaries to pay amortization, and accurate in its land survey even with the glaring and indefensible deduction of hundreds of hectares of agricultural land for distribution to farmworkers. 

Jardeleza contributed to the cover-up of the Cojuangcos’ anomalous transactions when he argued that technically, as party to the case, the HLI — or the Cojuangcos — must have a say in the appointment of an auditing firm that will scrutinize its books on the P 1.33 Billion proceeds of sale that the Cojuangcos owe its co-owners, the farmworkers. This intervention caused much delay that until now, the auditing process remains in a standstill. Disgruntled Luisita farmworkers are still deprived of their rightful share. Land and justice remain elusive to Luisita farmworkers.

Jardeleza also upheld the DAR’s refusal to recognize the “bungkalan” land cultivation campaign initiated by farm workers in 2005, which has now led to the eviction of hundreds of farmers and wanton destruction of more than a hundred hectares of ricefields and foodcrop plantations in Hacienda Luisita. Jardeleza’s rabid defense of Cojuangco-Aquino landlord interests has led to gross human rights violations and extensive loss of livelihood in several Luisita villages.

There is still a pending SC motion by the Alyansa ng Manggagawang Bukid ng Asyenda Luisita (AMBALA) to cite DAR and Cojuangco firm TADECO in contempt of the high court’s landmark decision. Farmworkers do not expect truth and justice to prevail with a Cojuangco lawyer in the Supreme Court.

Aquino appointed Jardeleza to the SC under very controversial circumstances. The former solicitor general who defended the government in the PDAF and DAP cases would naturally defend the position and interests of the Pork Barrel King who appointed him.  Jardeleza will naturally present his previous arguments to defend the Cojuangcos in pending SC motions on the sham land distribution in Hacienda Luisita.

This power trip Jardeleza appointment once again demonstrates BS Aquino’s megalomania – the Pork Barrel King is interested only in his self-preservation. Hacienda Luisita farmworkers will join the Manila launch of the people’s initiative against the pork barrel and Million People March in Luneta on August 25.

Farmworkers can only pin their hopes for genuine land reform and justice in the movement to oust this despotic landlord president.  

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Source Verification:
Gi Estrada
UMA Media Officer
+639166114181
Unyon ng mga Manggagawa sa Agrikultura
(Agricultural Workers Union)
Philippines

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