News Release
References: Atty. Edre U. Olalia, NUPL secretary general (+639175113373); Atty. Julian Oliva, member of the NUPL Legal Team (+639157707067)

The mothers of missing UP students Sherlyn Cadapan and Karen Empeno today filed a criminal complaint against retired General Jovito Palparan Jr. for rape, serious physical injuries, arbitrary detention and other crimes, based on sworn affidavits of several eyewitnesses.

Counsel Edre U. Olalia, Secretary-General of the National Union of People’s Lawyers (NUPL) said “This will not ensure that Karen and Sherlyn will be brought back to us. Indeed, this is more than seeking justice for them. This is a way to put these incorrigible abductors, torturers and rapists out of places of authority.” Karen and Sherlyn have been missing since 2006.

Erlinda Cadapan and Concepcion Empeno, alleging conspiracy within the military unit, filed the complaint at the Department of Justice (DOJ) against Palparan, former commanding general of the 7th Infantry Division of the Philippine Army;  his commanding officers Lt. Col. Rogelio Boac of the 56th Infantry Battalion and Lt. Col. Felipe Anotado of the 25th Infantry Battalion. It also charged M/Sgt. Donald Caigas and M/Sgt. Rizal Hilario for particular acts of torture and rape. The charge of rape is non-bailable.

Attached to the complaint were eight detailed affidavits that established Sherlyn and Karen were in military custody. Farmer Raymond Manalo, whose testimony was taken in open court in 2008 during the habeas corpus proceedings in the Court of Appeals, positively identified several of the abductors and torturers, as well as witnessed horrible acts of torture. Manalo was himself abducted in Bulacan in 2006, but he eventually escaped.

Other Bulacan farmers, fishermen, and other barriofolk have willingly come up to state for the record that they saw Sherlyn and Karen being abducted or in the custody of the military, said Att. Julian Oliva, a member of the NUPL Legal Team. “Despite the possible consequences, they have stood up in defense of the two UP students who served their community. This is an outstanding act of courage, and a genuine belief that criminals must be punished,” he said.

The criminal acts that were alleged by witnesses are: rape, serious physical injuries, arbitrary detention, maltreatment of prisoners, grave threats, grave coercion, and violation of R.A. 7438, or the law which provides for the rights of detained persons.

NUPL also cited violations of international treaties, such as the International Covenant on Civil and Political Rights and the Convention Against Torture.

Among the NUPL counsels are two young UP Law graduates, Attys. Sandra Jill Santos and Ma. Cristina Yambot, who both just passed the Bar and are contemporaries of Karen and Sherlyn.

This is the first criminal case either lawyer will handle. “The time has come for us to take the cudgels for our friends,” said Atty. Santos, “and to continue what Karen and She have begun.” Atty. Santos served with Sherlyn in the UP Diliman student council.

Atty. Yambot, who entered UP as an undergraduate the same time as Karen, said “What we could only demonstrate against as students before, we will help prosecute as lawyers now.”

The mothers of the 2 missing UP students had earlier secured the court’s approval for the writs of habeas corpus and amparo, but neither writ has been executed. The Court of Appeals in September 2008 ordered the Armed Forces of the Philippines to release the two coeds, but the latter has denied custody. Military camp inspections have been unsuccessful.

This is the first countersuit against Palparan to be filed during the present administration of President Noynoy Aquino. Palparan earned the monicker “The Butcher” for his bloody record of extrajudicial killings and enforced disappearances.

Gen. Palparan was sued during the time of President Gloria Macapagal-Arroyo, who had supported and praised him publicly. Other killings attributed to him are those of human rights worker Eden Marcellana, peasant leader Eddie Gumanoy, activist Choy Napoles, and many others.

The case of Marcellana and Gumanoy were brought to the UN Human Rights Committee, where the GMA government was held accountable for violations of the International Covenant on Civil and Political Rights.

Atty. Olalia, who handled these cases, said “We will continue to pursue all avenues to prosecute human rights violators. We will not let them get away with murder, rape, and other crimes that debase our sensibilities. We will continue to stand by our clients who have dared to speak out against the worst types of violations—those committed by state agents and the state itself.”

This criminal case is a continuation of the efforts of human rights defenders and lawyers to abate the impunity surrounding human rights violations, coming on the heels of the damages suit against GMA and her cohorts for the Morong 43 incident, and to be followed by other suits in the near future against top civilian, military and police officials.#
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National Secretariat
National Union of Peoples’ Lawyers(NUPL)
3F Erythrina Bldg., Maaralin corner Matatag Sts. Central District,Quezon City, Philippines
Tel.No.920-6660,Telefax No. 927- 2812
Email addresses:nupl2007@gmail.com and nuplphilippines@yahoo.com
“Visit the NUPL  at http://www.nupl.net/

By calling yourselves the ‘people’s lawyer,’ you have made a remarkable choice. You decided not to remain in the sidelines. Where human rights are assaulted, you have chosen to sacrifice the comfort of the fence for the dangers of the battlefield. But only those who choose to fight on the battlefield live beyond irrelevance.”  Supreme Court Chief Justice Reynato S. Puno, in his message to the NUPL Founding Congress,Sept. 15, 2007

News Release
References: Atty. Edre U. Olalia, NUPL secretary general (09175113373); Atty. Ephraim B. Cortez, NUPL assistant secretary general for legal services (09164093986)

Filipino-American activist Melissa Roxas, through her correspondent counsel National Union of Peoples’ Lawyers (NUPL), today formally assailed the Resolution of the Commission on Human Rights that practically cleared the military from liability for her enforced disappearance and ensuing arbitrary detention and torture in 2009.

“We are alarmed at the possible consequences this Resolution has in relation to the culture of impunity which already exists within the ranks of the military,” declared NUPL Secretary-General Atty. Edre Olalia.

The Resolution dated February 14, 2011 stated that there is no sufficient evidence to establish that State forces are liable for Roxas’ ordeal. It had also stated that there is “strong indication” that the New People’s Army is liable for the said forcible taking and “cruel, degrading and inhuman treatment and punishment.”

Roxas, who is back in the United States, communicated to the NUPL that despite the CHR’s Resolution, she is determined to expose the truth. “I cannot help but entertain the thought of totally losing all faith and confidence in the CHR’s independence and objectivity,” she admits. The Fil-Am activist was abducted last May 19, 2009 in La Paz, Tarlac and had suffered torture at the hands of her abductors to force a confession that she was an NPA member.

“We are disturbed by how the Resolution uses narrow definitions and distinctions between “torture” and “cruel, inhuman or degrading treatment or punishment,” states Atty. Ephraim Cortez, NUPL’s Assistant Secretary-General for Legal Services. “Given the bare facts, the Resolution should not divine how many angels can dance on the head of a pin to make an artificial dichotomy between these two concepts. What was done to Melissa is torture.”

Roxas also decried the lack of due process, as the CHR cited “secret” sources in pinning the NPA as possible perpetrators. “The CHR conducted a crucial part of the proceeding without notifying her, and without disclosing who were present in such proceedings. Worse, the Resolution gave credence to the testimony of the un-named sources which was taken “secretly.” It is axiomatic that for  testimony to be credible, it must not only come from a credible source – which is unverifiable independently at best and dubious at worse on this point in the present case – but must also be credible in itself.” This is in contrast with her testimony given in an open, public and transparent proceeding and not under the dark shadows of medieval inquisitions,” explains Atty.  Olalia. “

“The CHR cannot contradict the basis for the doctrine which the Supreme Court itself has laid down,” adds Atty.  Cortez. “The SC held that due to the secret nature of enforced disappearances and torture, much of the information and evidence proving such will logically come from the victims themselves,” he continues. “Of course, these statements can be corroborated by other evidence, such as medical reports of the torture, or landmarks belonging to the detention areas which the victims can identify, all of which Melissa has done.”

Roxas had firmly stated positively in her straightforward narration and recollection that she was detained in a military establishment which she believes to be Fort Magsaysay in Nueva Ecija, where she had been told that she was listed in the military’s “Order of Battle”. The “Order of Battle” referred to is the counter-insurgency program instituted under former President Gloria Arroyo’s regime and is more commonly known as Oplan Bantay Laya.

“If we follow the substantial evidence requirement, the descriptions of the place where Melissa was secretly detained are facilities that can only be found in a military camp; the pattern of her enforced disappearance and the manner by which the interrogation and torture were conducted likewise establish that her interrogators are members of the AFP,” Atty. Cortez  maintains. “So it is befuddling then when the present Chair of the CHR publicly declared in defense of the Resolution that it “tells it as the evidence says it.””

“Why, pray tell, – if the perpetrators were indeed NPAs — , would Complainant’s tormentors forcibly take her against her will and defiant resistance in broad daylight and with such brazen impunity; insist and force her to admit wrongfully that she is a member of the CPP and NPA; interrogate her and claim that “they are instruments of God for rebels to change their ways and return to the fold;” exhort her through means mostly foul to “change her ways and go back to the fold of the government;” subject her to anti-communist propaganda; ask her to sign a document which she refused; and then release her only after she was compelled to denounce the NPA? IT JUST DOES NOT ADD UP. It defies sheer common sense and is against the natural course of things, “the lawyers pointed out.

“We question why the CHR ignored the exhaustive and even overwhelming evidence presented against the military for being “insufficient,” while yet speculating on the NPA’s liability without conducting a similar proceeding to explore this hypothesis. This great leap of judgment without proffering any iota of support or even discussion cannot hold water, ” Atty. Cortez stressed.

Hardening its resolve, the NUPL vows to continue to support Melissa Roxas and other victims of human rights violations. “The irony of it all is that with the instant Resolution by a Commission under a supposed new administration professing to be far different from the previous one, the impunity will continue, if not inspired,” Atty. Olalia declares, “and that is no less tragic and horrendous.”#

Mark Dalan Meruenas, GMA News

The mother of missing political activist Jonas Burgos has appealed to Maj. Harry Baliaga Jr., who is implicated in the alleged kidnapping, to identify his superiors who ordered her son’s abduction in April 2007.

The Commission on Human Rights (CHR), which investigated Burgos’ disappearance, said in its March 15 report to the Supreme Court that it has found “overwhelming evidence” that Baliaga was “the principal abductor” of Burgos.

Edita Burgos, in an open letter sent in time for the upcoming fourth anniversary of her son’s disappearance, asked Baliaga to reveal the whereabouts of her son.

“Surely, logic tells me that you… would not have acted on your own. Isn’t that how your system works? A superior orders his subordinates and a good soldier follows the order even if it is against the highest principle of life and freedom,” she said.

“Tell me, who has ordered you to get my Jonas? Give those who ordered him taken the chance to correct their ways,” she added.

Baliaga, an Army First Lieutenant during the time of the alleged abduction, belongs to the 56th Infantry Battalion based in Bulacan province.

Mrs. Burgos advised Baliaga to spill the beans on Burgos’ abduction especially now that “there is a chance that soon you will be behind bars.” She also asked Baliaga not to wait for the “consequences of an evil act will have been felt not only by you but by the next generations.”

Mrs. Burgos said Baliaga should consider “telling the truth” in time for the feast of the Divine Mercy on Sunday. “May the Holy Spirit fill your heart and the hearts of the perpetrators of human rights violations,” she said.

Edita said she really wanted to personally meet with Baliaga and look him in the eye while asking for Jonas’ whereabouts. “I want to see if the look you give me will deny or affirm your answer.”

Among the CHR’s recommendations was for the Department of Justice (DOJ) to admit witnesses to the government’s Witness Protection Program. It also recommended that the DOJ file kidnapping charges against Baliaga, and obstruction of justice charges against those who gave false statements to authorities about the abduction.

Jonas Burgos was last seen being dragged by armed men from a shopping mall along Commonwealth in Quezon City into a vehicle on April 28, 2007. His father, the late journalist Jose Burgos, was a staunch anti-dictatorship fighter.

Mrs. Burgos and other human rights advocates are set to gather at the Bantayog ng mga Bayani Grounds in Quezon City on Thursday to commemorate the fourth anniversary of Jonas’ disappearance. — KBK, GMA News

by Ina Alleco Silverio, Bulatlat.com

Mrs. Liwayway Acosta is graceful in keeping her pain hidden; but sometimes it becomes too much and tears fall and she struggles to regain her composure.

For over two months now, Mrs. Liwayway and her husband Isaias Acosta and have been worried because their only son, their only child writer and poet Ericson, 37, had been detained and falsely and maliciously charged with illegal possession of firearms in Catbalogan, Samar. Both mother and father are now at the lead of a campaign pressing for their poet-son’s immediate release.

“At least we know that he’s alright and that he’s not being hurt. That was our greatest worry in the beginning. Our son is made of stronger stuff and we know that he’s holding up in prison. This is not the kind of thing that will break Eric,” said Mrs. Acosta.

Mr. Acosta in the meantime is the unashamedly proud father. He even has a list of his only child’s achievements since grade school, and at the drop of a hat can enumerate the various literary, theatrical and scientific awards Ericson has received since he was in shorts and attending grade school in St. Mary’s College,and eventually when he went to the University of Sto. Tomas for his secondary education.

“He has never been anything but a good son, an intelligent student, and a loving parent to his own son Emmanuel,” said Mr. Acosta.

Artists Rally Behind Campaign for Poet’s Release

Two weeks ago, the family and Ericson’s friends and former colleagues officially launched the Free Ericson Acosta campaign in Quezon City. It was a reunion of sorts for Ericson’s friends from his university days, and an event that saw some of the most respected names in the Philippines’ literary circles placing their support behind an artist who chose a path of human rights activism.

At the time when Ericson was arrested earlier last February 13, he was a freelance journalist documenting the human rights situation in Western Samar. He was arrested in the company of various community leaders from farmers’ organization who staunchly defended him and affirmed his work as a writer.

During the campaign launch press conference, Ericson’s former editor-in-chief in the Philippine Collegian Michael John Ac-ac said that the former had true artist sensibilities and that he, Ericson, honed it through the years by voracious reading, prolific writing and by constantly discovering developments in the cultural scene.

Ac-ac remembered how Ericson was able to put together the Philippine Collegian’s 1994 literary folio F1 decades after it was last published. He said that Ericson also liked to write about previously-undiscovered musicians and helped make them popular. Among his “discoveries” were the now defunct but legendary groups Yano and the Eraserheads.

“Ericson always had a lively mind, but he has an even bigger heart It was not surprising that he eventually chose to become a full-time journalist writing about human rights,” said Ac-ac.

In a testimony sent by Palanca-award winning director and actor Rody Vera, he said that Ericson has been acting as early as 1984 and in a Shakepearean play no less. Vera said that he worked with the young Acosta in a production of the Philippine Educational Theater Association (PETA), rendering of the “dreaded Scottish play” Macbeth.

“I’m not sure if Ericson was then aware that he was part of a production that was against the Marcos dictatorship. Ericson was part of a play that exposed Marcos’ selfish greed for power. Now, it’s most saddening to think that that the same machinery of torture, violence and repression that continues to operate against cultural workers like Ericson and the rest of the Filipino people, even if there is no dictator at the helm of government. Now they are wielding violence in the name of democracy. What is even more infuriating is how the violations being committed against Ericson can very well be perpetrated against any and all of us. The restriction of Ericson’s freedom is an attack against our own respective, individual freedoms,” he said.

Members of the UP academe comprised of artists and writers also released a statement calling for Ericson’s immediate and unconditional release from his current “illegal detention.” Panelists and participants in the 50th UP National Writer’s Workshop sent the statement straight from Baguio where the workshop was then being conducted.

“His works as a writer, poet, thespian, singer and songwriter have remained relevant especially to the succeeding generations of UP activists in and out of the university. His bias for the poor and oppressed dates back to his campus days,” they said. The statement was signed by the likes of National Artist Bienvenido Lumbera and writers and poets Jose Dalisay, Jr., Jun Cruz Reyes, Gemino Abad, Gelacio Guillermo, J. Neil Garcia, Charlson Ong, Rolando Tolentino, Romulo Baquiran Jr. and Cristina Pantoja-Hidalgo.

Other supporters of the Free Ericson Acosta Campaign also include veteran actors Fernando “Nanding” Josef, Pen Medina, and Bonifacio Ilagan; poet Richard Gappi of the Neo-Angono Artists’ Collective and former political detainee Axel Pinpin of the Tagaytay 5; visual artists Egai Talusan Fernandez, Boy Dominguez, Mideo Cruz, and Julie Lluch; filmmakers Sigfried Barros Sanchez, Kiri Dalena, Carlitos Siguion-Reyna and Bibeth Orteza; poet and musician Jess Santiago, rock musicians Chickoy Pura of The Jerks and Eric Cabrera of Datu’s Tribe, and journalists Elizabeth Lolarga, Kenneth Guda, Norman Bordadora, Kristine Alave and Iris Pagsanjan.

Former Cultural Center of the Philippines (CCP) Vice President and Artistic Director Josef pointed out that the government under the Benigno Aquino III administration is challenged to be different from its predecessors. He said that it must free those whose only crime is serving the least serve, and that it must “Jail without delay those who have greedily taken away food on the table of the poor.”

“I know Ericson Acosta personally as a cultural worker. I am humbled by his sacrifices and his commitment to the poor. My accomplishments as an artist and cultural worker are nothing compared to his,” Josef said.

Secretary-general of the Bagong Alyansang Makabayan (Bayan) Renato Reyes shared what happened during his recent visit to Ericson at the Calabayog provincial jail. According to him, Ericson was in “high spirits” and that the poet was grateful for all the support he was getting.

During the short visit, Reyes and Ericson recorded a few songs on a digital camera and the recordings have since been uploaded on Facebook and in the Free Ericson Acosta blog, http://freeacosta.blogspot.com.

Reyes said that there were plans to visit Ericson on or before his birthday this May 27 and that friends and supporters were very welcome to join. He also reminded supporters to contribute to the legal fund for Ericson.

The Father-In-Law Speaks

Ericson’s father-in-law art critic Pablo Tariman has come out with a series of articles pressing for Ericson’s release, and in some of them he shared how he managed to explain to his grandson eight-year old Emmanuel the circumstances of his father’s detention. The boy had begun to ask questions about who was in jail and why did he keep on hearing lawyers and court hearings in his grandfather’s phone conversations.

“I told him gently his father is closely guarded by soldiers and he couldn’t move around. I tried to avoid the words ‘arrest’ and ‘jail’. At age 8 and entering grade 3 only this coming school year, there are many things I couldn’t explain well to my grandson,” he said.

Mr. Tariman has also told Emmanuel that he can visit his father in that Samar jail before his father’s birthday.

” In my mind, this cultural worker (who happens to be my son-in-law) doesn’t deserve the hot summer nights in a Calbayog provincial jail,” he said.

The respected art critic has put together a fundraising concert for his son in law. Violinist Gina Medina and pianist Mary Anne Espina will perform on Saturday, May 28, 2011, 6 p.m. at the Balay Kalinaw in UP Diliman, Quezon City. Tickets are being sold at P1000 (US$23.35 with buffet dinner) and P500 (US$11.62 concert only).

The Government’s Iron-Fist Policy on Perceived Enemies

In its support statement, the Free Ericson Acosta Campaign has said that the poet’s rights continue to be violated each day he remains incarcerated.

“The fabricated charges are intended to keep him under government’s control and scrutiny. His frail appearance in the photo released to media by the AFP heightens concerns for his health given the conditions in jail. The road to genuine and lasting peace cannot be paved with government’s continued iron-fist policy of arresting its perceived enemies on mere suspicion. It behooves the Aquino government to forge favorable conditions in the conduct of its peace efforts by releasing political prisoners,” it said.

After its ascent to power, the Aquino government has begun peace negotiations with the National Democratic Front of the Philippines (NDFP), but it has not taken action on calls for the release of political prisoners.

According to human rights grouos Karapatan and Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (Selda), there are 344 political prisoners [4] in the country. Most of them have been slapped with common crimes, a violation of the Hernandez political doctrine.

Ericson himself has written a personal message addressed to his supporters. He admitted that he has, understandably, some difficulty writing whenever the enormity of his current circumstance strike him anew, but on the whole he remains optimistic.

“I have already received and read most of what have been written about me since my arrest. These have given me a clear picture of how promptly friends and comrades have actively taken my cause, and how in a short period of time the Free Ericson Acosta Campaign has reached quite an extensive base of support. I am of course sincerely touched by all this. I have long been wanting to communicate with them through letters or general statements, not only to thank them but also to personally shed light on my experience with state fascism,” he said.

Ericson said that he has succeeded in writing a piece on the human rights situation in Samar as well as a full account of his arrest and continuing detention. He said that he is now even more encouraged to continue writing despite the sorry conditions he currently faces in prison.

“My active engagement through my writings naturally serves to effectively amplify the campaign, as well as the general call to free all political prisoners. While I am in fact the principal subject of the Free Ericson Acosta campaign, it’s time that I enlisted myself as its principal mass leader and propagandist as well,” he said.#