National Union of Peoples’ Lawyers (NUPL)

It was twenty-seven years ago to this day when rogue members of the military ruthlessly and calculatingly snatched, tortured,  and killed Rolando “Ka Lando” Olalia and Ka Leonor Alay-ay to make a political statement. The Decision of the Antipolo court that discreetly handed down the ruling on bail for the accused retired military colonel last month makes a statement of its own, hopefully unwittingly: we’ll let the small fry suffer and the big fish go scot-free.

Granting bail to one of the masterminds, Lt. Col. Eduardo Kapunan, and in the same breath denying it to two co-accused low in rank, is a nail into the coffin of justice. Why the Decision found evidence of guilt strong against Sgts. Dennis Jabatan and Desiderio Perez, the men who participated in the surveillance, abduction and murder, and not against Kapunan escapes logic, reason and experience.

The same state witnesses have pointed to Kapunan, then the intelligence officer of the Reform the Armed Forces Movement (RAM), as the one of the higher-ups who sanctioned the killings; even Kapunan himself admitted in court that he and his exclusive circle were then in charge of “naughty jobs”. Why put blame only to those whose hands actually pulled the trigger, or thrusted the knife, or gouged the eyes, or stuffed the mouths, and not to the minds credible testimonies indubitably point to as having hatched the crime?

The Olalia-Alay-ay double murder is a classic case of all things awry in the Philippine legal system – stretched through almost three decades of litigation, mired in controversial liabilities, checkered with resort to technicalities,  marked by impunity. It stands as a brazen, monumental testament to how much the law indeed inexorably tilts in favor of the influential, of the high and mighty.

Ten other accused are still at large: Ret. Col. Oscar Legaspi, Filomeno Maligaya, Cirilo Almario, Jose Bacera, Fernando Casanova, Ricardo Dicon, Gilbert Galicia, Gene Paris, Freddie Sumagaysay, and Edger Sumido. And as RAM leaders Juan Ponce-Enrile and Gregorio “Gringo” Honasan sit in the Senate, it seems to many that no force of law or legal prosecution can make them all account for their past antics.

When the hammer finally falls, the Olalia and Alay-ay families, victims many times over, have nothing to show for their dogged pursuit of truth and justice. From one Aquino administration to the next, it has been nothing but an uphill battle to find the peace and punishment for such an outrageous injury – the loss of Ka Lando was a loss for the Philippine labor movement and the post-Martial law movement for democracy as well.

The present Aquino administration has failed in ensuring not only accountability for the past, but also protection against military adventurism and excesses in the future. With many erring military leaders like Maj. Gen. Jovito Palparan at large for so long now, no Filipino has the right to feel safe whether inside or outside the confines of this volatile and merciless political system.

The National Union of Peoples’ Lawyers, private prosecutors in the case, today honors the memory of Ka Lando and Ka Leonor by staunchly heeding, together with workers, community leaders, and activists, the clarion call for change. For as long as we let the big fish go, this country will forever be a disaster zone, reeling from storm to storm as the waters beat us black and blue.

Reference: 

Edre U. Olalia
NUPL Secretary General
+639175113373
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National Secretariat
National Union of Peoples’ Lawyers (NUPL)
3F Erythrina Bldg., Maaralin corner Matatag Sts. Central District,Quezon City, Philippines
Telefax no.920-6660
Email addresses: nupl2007@gmail.com and nuplphilippines@yahoo.com

Farmers slam DAR for inaction, partiality towards TADECO

A hundred farmers in Barangay (village) Balete, Hacienda Luisita clashed this morning with around 60 security guards and police officers who thwarted their attempt to assert their claim on lands they have been tilling since 2005.

Said properties are now being land grabbed by Tarlac Development Corporation (TADECO) which is a suspect in the killing of Dennis de la Cruz on November 1 and which filed cases against farmers in Barangay Cutcut on November 4 for unlawful detainer.

On November 12, TADECO bulldozed houses set up by a few families in Balete and stated that they were also constructing a road in the property they are land grabbing.

TADECO suddenly appeared in the picture of the ongoing land saga in Hacienda Luisita right after the Lot Allocation Certificate (LAC) distribution in Cutcut on July 18, 2013.  Initially it set-up security guard outposts in the two barangays and eventually gave warning letters to around 100 farmers demanding that they stop encroaching on said property.

Ka Pong Sibayan, acting chairperson of Alyansa ng Manggagawang Bukid sa Asyenda Luisita (AMBALA) and her mother Maria Versola were slightly injured when they fell while struggling with security guards near the foundation of the hut they were trying to set-up. Ka Pong also hurt slightly her nape and shoulder.

An apologist of Noynoy Aquino working as a columnist in a Manila newspaper earlier wrote that Mr. de la Cuz, which he wrongly named as Mr. Cayabyab allegedly died of an accident. He revealed that supposedly there is a witness to this and that photos of SOCO also proved that this was indeed what happened.

There was no autopsy, however, done on Mr. de la Cruz. The family told AMBALA who visited his wake and paid a tribute to him, that they were afraid of repercussions if they would agree to have his cadaver autopsied.

Overall, however, it is the Department of Agrarian Reform (DAR) that has been the staunchest apologists for TADECO and the Cojuangco-Aquinos. It stated that the lands being grabbed by said firm are not part of the lands that were distributed to farm worker beneficiaries as ruled by the Supreme Court.

DAR Secretary de los Reyes also warned the farmers that they had no right to till the land as they are still determining its status. He added that those who encroach and till the land would have no right to own it if they decide that this should be distributed later to them.

The DAR chief however has remained silent on the recent actions done by TADECO. It is only a continuation of its unabashed subservience to the Cojuangco-Aquino clan who owns the Hacienda when it undertook a sham land distribution there. But that is another story.

Thank you very much for those who extended their solidarity with the Filipino people, in these grave and trying moments in our history. Your kind words and support are very much appreciated – especially in the midst of the obscenely criminal neglect of the Philippine government to prepare and respond to the crisis.

Even several international news agencies whose journalists are near the badly affected areas in the Visayas have pointedly criticized the Aquino administration for its ineptitude in addressing the needs of our kababayans in the provinces affected by the typhoon – CNN says that there is no leader, no centralized civilian government responding appropriately to the tragedy – a very emotional yet factual and objective assessment and sentiment of the majority of the Filipino people who were victimized and who have witnessed the impact of the typhoon.

The Philippine National Disaster Risk Reduction and Management Council (NDRRMC) has recorded more than 1,800 deaths in several provinces, but local and international media, and our network of people’s organisations in the area have estimated that there is an estimated 10,000 people who perished. Please see: http://newsinfo.inquirer.net/526485/yolanda-death-toll-breaches-1800-80000-houses-totally-destroyed-ndrrmc.

Philippine President Aquino has conveniently laid the blame again to the local government, that the they were ill-prepared for the storm – despite national government’s full knowledge of the intensity and impact of the typhoon – and in effect, laying the blame on the victims themselves because of the sense of “lawlessness” (because mainstream media and the President’s men having conveniently propped up the “looting” incidents in the area). Thus, additional military and police personnel were deployed for the security situation – not for humanitarian response – and a curfew has been imposed in the provinces covered by the state of national calamity declaration.

Despite millions of dollars of humanitarian aid coming from different foreign governments directed through the Philippine government, the victims have been asking – where are the relief goods, where are the temporary shelters, where is much needed medical support? These are in fact questions that have been asked by most Filipinos, every time a disaster like this happens, and this has been especially highlighted because of the ongoing emerging issues of corruption in the country by government officials.

Karapatan and people’s organisations and faith-based institutions have deployed advance teams in Samar and Leyte since Monday, mainly to locate human rights defenders and their families in the area. We have effectively reestablished contacts with our chapter and member organisations in samar and Leyte. Our coordinator, Pastor Irma Balaba, her 5-year old daughter, and her family were almost swept away (they hanged on to electricity posts, when the storm surge waters hit Tacloban City), if not for the successful rescue attempts of  their neighbor.

The Bethany Hospital of the United Church of Christ of the Philippines, which offers free services for the human rights victims and poor families, has been destroyed and only the flooring was left – the roof, hospital equipment, etc were wiped out – but luckily the patients were evacuated to rooftops but one patient died. Several communities of militarized communities and families of political prisoners were rendered homeless.

They are all in a state of shock and are dazed with what has happened, but they are now in the process of recovery by conducting relief work among those affected. We are in the process of gathering all the financial and material support, and we will be able to send 5,000 packs of relief support hopefully by tomorrow when transport lines will be available. For those who were asking for the details on how they can contribute financial support, you may donate through:

Paypal: karapatan.admin@gmail.com

Through our bank account

Account Name: Karapatan
Account Number: 186-2-18600268-1
Bank: Metrobank, Kalayaan Avenue Branch, Quezon City, Philippines
IBAN: MBTCPHMM

Or through Western Union with the following details: send c/o Cristina Palabay

Telephone number: +632-4354146

I attached a picture which appeared in the front page of the national and local dailies here. I am also including here the speech of Climate Change Commissioner Naderev Sano in the COP18 Climate Change Summit in Warsaw, Poland – an excellent statement of the woes and pleas of the Filipino people. Naderev is actually one of the very few public officials in the Philippines who has kept in touch with people’s organisations on their comprehensive analysis on climate justice, and we have known him since our time in the University of the Philippines as activists. Here is the video of his speech: http://www.youtube.com/watch?v=8yITq61XedI.

In a few hours, we will also be joining the National Solidarity Action for the victims of the typhoon – a caravan will be conducted in schools and communities to collect relief goods and donations – and a candlelighting activity will be held. Fundraising activities are also being conducted by many friends outside the country.

Words cannot describe how deeply we appreciate your efforts and kind words – the warm solidarity you have extended for the Philippines – and we continue to seek your support as we overcome these tragic events.

Sincerely,

Cristina “Tinay” Ellazar Palabay
Karapatan Secretary General
and Tanggol Bayi (Defend Women) – Philippines Convenor

Email: noztalzia2@gmail.com
Mobile number: +63917-3162831
Facebook: https://www.facebook.com/tinay.palabay
Twitter: @TinayPalabay