Factsheet:  Threat, Harassment, Intimidation to Ed Cubelo, President of Toyota Motor Philippines Corporation Workers Association (TMPCWA) and Education Officer of Defend  Job Philippines (DJP)

Incident: Threat, Harassment, Intimidation

Date of Incident: 2:00 – 2:30 in the afternoon, 18 March 2014

Place of Incident: 1482 Elephant Street, Barangay Post Proper Southside, Makati City

Victim: Ed Cubelo, President TMPCWA and Education Officer, Defend Job Philippines

Perpetrators: Agents of the National Bureau of Investigation

Account of Incident:

At 2:00 in the afternoon, Ed Cubelo’s nephew, Mark Christopher (MC) Nolos, informed him that a man is looking for someone from Toyota.

Ed told his daughter, Jenny, to go downstairs to check then Ed followed her because it might be a mail messenger who occasionally delivers letters or documents from the International Labor Organization or from other institutions who regularly send him letters like members of TMPCWA.

Ed was downstairs and saw one man, age 45-50 years old, with tough and big body build. The man was talking to Jenny and to MC. The man asked Jenny if there is someone from Toyota in their house. Jenny asked the man if who or what is the name of the person that they are looking for. Then another man of the same physique went near at the gate of the house.

Ed asked the two men if what they want.  Then the man called another man who was standing at the store and another one went near at the gate. There were four men wearing civilian clothes but armed with short pistols who were standing in front of the gate.  Ed was worried that these men might shoot him because they were armed. The four men gave Ed an ireful look. Then the two men asked again if there is somebody from Toyota in their house. Ed answered if who are they looking for and the men answered with different names, which seems like guessing.

Ed asked the men who they are. Then the men answered that they are from the NBI. Then the men once again asked if there is someone from Toyota in the house. Ed replied that there is no such name that is living there. Yet the men insisted again the question. Ed replied that there is someone who was formerly from Toyota. Then one man asked for the name of that person. Ed replied the name Ed. Then the man firmly said “Ahh, it’s you! Yes, it’s you.”  Ed did not reply anymore.  The four men kept on looking at Ed badly while slowly moving away from the house.  Suddenly, Ed told his nephew to close the gate. The men were still looking at him.

Ed asked his nephew to look after the destination of the men. He also asked Jenny to go up and check how many men were all there. Ed also watched the men walking at the corner of Levi Mariano High Way. One man crossed the street while the three other men are talking to each other.

Then Jenny and MC went after the men. The one man rode a motorcycle while the three rode an old Toyota car with plate number JSJ238.

More than a week before the incident, four men were also caught doing surveillance during a protest action of TMPCWA and Defend Job Philippines at the Department of Labor and Employment, Intramuros. Manila on March 5, 2014.

www.tmpcwa.org/index_html

http://defendjobphilippines.wordpress.com/2014/03/16/billionaires-and-tycoons-wealth-at-the-expense-of-workers-and-peoples-rights/

Ed Cubelo believes that this recent incident aims to stop him, TMPCWA and Defend Job Philippines in the continuing campaign for justice for all 237 illegally dismissed workers of Toyota. It also aims to stop the strengthening and broadening unity of other workers who have the same experience and struggle against precarious work and all forms of persecution such as in Philippine Airlines, ABS CBN, Advan Shoes, Print Town, Pepsi Cola, Carina Apparel and others.

The said incident happened a day after a successful protest caravan against contractualization and persecution and for the right to freely form unions and for justice.  The caravan was initiated by TMPCWA, KMU NCR, ANGLO KMU NCR, Nagkakaisang Manggagawa sa Print Town, Bleustar Workers Labor Union (Advan Shoes), University Hotel Workers Union, KADAMAY NCR, Tambuli ng Mamamayan and Defend Job Philippines. The caravan went to Toyota Motors main plant in Sta. Rosa, Laguna, Carina Apparel Main Plant and Print Town/Inquirer Group Plant in Binan, Laguna, Main office of Print Town/Inquirer Group, Toyota Bel-Air Dealer Store, Supreme Court, Department of Justice, Court of Appeals at culminated the protest in front of the Department of Labor and Employment.

Defend Job Philippines denounces the recent harassment to Ed Cubelo and believes that this is part of the criminalization of trade union leaders and human rights defenders.  DJP said that those people defending economic, social, cultural, civil and political rights are always subject to criminalization and political persecution.  Previously, Renante Gamara, Roy Velez and Amelita Bravante of KMU NCR, Randy Vegas at Raul Camposano of COURAGE are facing trumped charges. Gamara, Vegas and Camposano are currently detained.  Such fabricated charges are also experienced by many human rights defenders from various sectors.  DJP is highly concerned that this harassment against Ed Cubelo will lead to another fabricated charges and warrant of arrest or possible extra judicial killing. According to the data of KARAPATAN, there are 11 victims of extrajudicial killing in the last two and a half months, starting in January 2014. They documented 169 victims of extrajudicial killing starting July 2010, from when BS Aquino assumed presidency, to December 2013.

http://sos.escr-net.org/Stop-criminalizing-human-rights-defenders-in-the-Philippines

Background:

Sometime in year 2000 at the height of organizing and struggling for a union inside Toyota factory, when Ed Cubelo first experienced threat, harassment and intimidation.  Armed men who identified themselves as PSG or Presidential Security Group went to his house and asked for his whereabouts.

It was followed sometime in 2007 and 2008 where riding in tandem motorcycles were roaming around at his place and looking for him.

Also, sometime in 2008, the 202^nd infantry unifier brigade camped beside the office of TMPCWA in Sta. Rosa, Laguna. Every day, the military were looking for Ed and other leaders of the union.

During the International Labor Organization High Level Mission in the Philippines on 2009, the harassment against Ed Cubelo and to TMPCWA was one of the major agenda of the mission. Months after the ILO HLM, a recommendation to the Philippine Government was issued to ensure the safety and protection of Ed Cubelo and TMPCWA against all forms police and military harassment, criminalization and persecution.

http://www.ilo.org/wcmsp5/groups/public/@ed_norm/@relconf/documents/meetingdocument/wcms_124972.pdf

Suggested action:

Write letter of appeal to Philippine Government Agencies calling to stop the harassment to Ed Cubelo and other trade union leaders/human rights defenders.

Mr. Benigno Aquino III
President, Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

Ms. Loretta Ann Rosales
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: chair.rosales.chr@gmail.com

Police Director Alan LM Purisima
Chief, Philippine National Police
Camp General Rafael Crame
Quezon City, Philippines
Fax +632 7248763
Email: feedback@pnp.gov.ph

Ms. Leila de Lima
Secretary, Department of Justice (DOJ)
DOJ Building, Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: soj@doj.gov.ph

Cc: tmpcwa1998@yahoo.com, defendjobphilippines@yahoo.com

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Defend Job Philippines is a member of International Network for Economic, Social and Cultural Rights

Appeal for Immediate Action

Dear friends,

Please join us in our call for justice for the farmers who were victims of killing and other human rights violations. The farmers are in haciendas owned by big landlords or in haciendas targeted for land conversion for real estate and other commercial purposes.

Arbitrary killing, frustrated killing, and harassment of farmers in Hacienda Dolores, Porac, Pampanga

On 12 January 2014, around 3:00 to 3:30 am, Eduardo Tolentino, a resident and farmer of Purok 7, Hacienda Dolores, Porac, Pampanga went to his field to pick fruits and tend to his animals. Upon reaching an underpass that connects the village and farm lands through the Subic-Clark-Tarlac Expressway, Eduardo, with his neighbors, were accosted by Triple L security guards. Eduardo called for assistance. Ener, Eduardo’s brother, woke up his companions, including village guard Tanod Virgilio Padiño and residents Arman Padiño, Noel Tumali, Norma Ignacio and Josie de Jesus to go to the said underpass to talk to the security guards.

While negotiating with the guards, Ener’s father village captain Antonio Tolentino arrived. The guards immediately fired their guns. Arman Padiño was hit in the head and Noel Tumali at the back. Both were immediately brought to Songco Lapid District Hospital in Porac. At around 2:00 p.m., the following day, January 13, Padiño was pronounced dead.

During the gunfire, Bgy. Captain Tolentino grabbed security guard Larry Sabado who was about to shoot him. Luckily, the gun misfired. Sabado reloaded his gun and Tolentino again grabbed Sabado, who in turn, hit him on his head with the gun.

Sabado was eventually overpowered. The men tied him and brought to Tolentino’s house before he will be turned over to the authorities. Sabado was able to escape, but was later found hiding in another house nearby.  He later surrendered to the policemen who arrived at the village.

The next day, on 13 January, Brgy. Capt. Tolentino and his son Ener charged Larry Sabado with frustrated murder at the Prosecutor’s Office; only to learn that the they already face charges of slight physical injuries and three counts of grave threat filed by Triple L Company.

The two Tolentinos were arrested and detained at the Pampanga Provincial Police Office in San Fernando, Pampanga. They were released on bail.

Sabado, who was detained at a police precinct, was released on 15 January, and is undergoing preliminary investigation for charges of attempted murder filed by Capt. Tolentino.

The farmers of Hacienda Dolores face threats of eviction from the land they tilled for generations as the Leonardo Lachenal Leonio Holdings, Inc (LLL), FL Property Management Corporation (FL) and Ayala Land Inc. (ALI) eye the vast tracts of lands.

Bulldozing of farm lands and displacement of farmers in Hacienda Luisita, Tarlac City 

Since December 2013, the Cojuangco-owned Tarlac Development Corporation (TADECO) had bulldozed and fenced off the farm lands of more than 20 farmers in Brgy. Balete, Tarlac City.

The land is covered by land reform and is no longer private property of the Cojuangco-Aquino clan based on the notice served by the Department of Agrarian Reform (DAR) on December 2013.  The DAR’s resolution was reinforced by the local court’s dismissal, on 4 February 2014, of the unlawful detainer or ejectment charge filed by the Cojuangcos against the farmers.

On 8 February, security guards of TADECO began bulldozing the farms and farm huts in Brgy. Balete.

Rey Flores, 16, was accosted by the guards who saw him took video of the destruction of the farms. The guards held Flores at gunpoint. He was turned-over to the police. Flores was only released upon the assistance of Tarlac City Councilor Emily Ladera-Facunla and representatives of the Department of Social Work and Development.

In 2013, several peasant-leaders and rights defenders in Hacienda Luisita were illegally arrested and charged with “harassment suits.” The latest victim of these suits is Councilor Emily Ladera-Facunla who was charged by the Tadeco with trespassing and coercion. The charge was ssued by the Tarlac City Prosecutor’s Office without preliminary investigation.

Councilor Facunla is the sister of Abelardo Ladera, a victim of extrajudicial killing in March 3, 2006. Their parents were former sugar workers in Hacienda Luisita. Abelardo was also a city councilor at the time of his death.

Farmers of Brgy. Balete continue to protest the destruction of their lands and the Cojuangco’s blatant disregard of the ruling of the Supreme Court and DAR to distribute the land to the farmers.

Recommended Action:

Send letters, emails or fax messages calling for:

1. Justice for the extrajudicial killing of Arman Padiño; and the frustrated extrajudicial killing of Antonio Tolentino and Noel Tumali.
2. Stop the filing of fabricated charges and arbitrary arrests against rights defenders Antonio and Ener Tolentino, Rey Flores, Tarlac City councilor Emily Ladera-Facunla and farmer leaders at the Hacienda Luisita
3. The immediate formation of an independent fact-finding and investigation team composed of representatives from human rights groups, the Church, local government, and the Commission on Human Rights that will look into these incidents of human rights violations, and to arrest and prosecute the perpetrators.
4. The PH government and its state security forces to stop labelling and targeting human rights defenders as “members of front organizations of the communists” and “enemies of the state.”
5. The withdrawal of Oplan Bayanihan, the Philippine government’s counterinsurgency program that victimizes innocent and unarmed civilians.
6. 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.

You may send your communications to:

H.E. Benigno C. Aquino III
President of the Republic
Malacañang Palace,
JP Laurel Street, 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 Street, 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 Building, 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 address below.

URGENT ACTION Prepared by:
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