The family of slain botanist Leonard Co on Tuesday filed a complaint accusing 38 members of the Philippine Army’s 19th Infantry Battalion of murdering Co and his two other companions in Leyte last year.

Those who filed the complaint were Co’s wife, Glenda, and parents Lian Sing and Emelina Co.

Co’s family had earlier protested a DOJ fact-finding panel’s report that cleared the military of any liability for the the killing of Co, forest guard Sofronio Cortez, and guide Julius Borromeo at the Energy Development Corp. (EDC) premises in Kananga, Leyte.

The military had claimed that the three were killed in a crossfire between the 19th IB and New People’s Army (NPA) rebels.

But Co’s family said they do not believe the military because the Army’s shooting was supposedly “specifically directed only at Co, Borromeo, Cortez and their companions.”

“We have basis to believe that no encounter occurred between the 19th Infatnry Battalion and the communist terrorists when Co, Borromeo, Cortez were killed and that they were in fact murdered by elements of the 19th Infantry Battalion of the Philippine Army,” they said in their complaint.

Those named on the charge sheet were:

# 1Lt. Ronald Odchimar,
# 2Lt. Cameron Perez,
# Corporal Marlon Mores,
# Private First Class Albert Belonte,
# PFC Michael Babon,
# PFC Elemer Forteza,
# PFC Roger Fabillar,
# PFC Gil Guimerey,
# PFC Alex Apostol,
# PFC WIlliam Bulic, and
# 28 other John Does.

Lt. Gen. Ralph Villanueva, commander of the Armed Forces Central Command, said they have yet to get a copy of the complaint but vowed to make available the soldiers involved in any investigation.

“We are fully cooperating with all investigative bodies… our soldiers will be there so they can give their side and explain what happened. We are ready to [face] any of these [investigating] bodies,” said Villanueva, whose command has supervision over the battalion involved.

Complaint

In their complaint, Co’s family asked the DOJ to conduct a preliminary investigation to determine whether the respondents should be charged with murder for the killing of Co and his two other companions.

Lawyer Evalyn Ursua, counsel for the family, said a review of the DOJ panel’s report would show that “the findings and the conclusions of the report are flawed and contrary to evidence.”

Speaking to reporters, Ursua said that a scrutiny of the soldiers’ affidavits would show that they did not have personal knowledge of the supposed presence of communist rebels.

“We examined their affidavits and we saw their statements. Some were hearsay and unreliable regarding the presence of armed communist terrorists, and the shooting was directed especially at the team of Doctor Co,” Ursua said.

Co’s wife and parents added in their complaint: “It is understanding that these hearsay and unreliable statements about the supposed presence of three armed communist terrorists cannot give credence to the claim that Co, Borromeo, and Cortez were killed in the crossfire between government soldiers and communist terrorists.”

They likewise said that the fact that treachery, an element of murder, was present because Co, Borromeo, and Cortez were killed defenselessly.

“Under the law, the sudden and unexpected attack against Co, Borromeo, and Cortez when they were unarmed and completely defenseless constitutes treachery and makes their killing murder,” they said.

Which has more weight?

In a separate interview with reporters, Justice Secretary Leila de Lima said she will assign a panel of prosecutors that will hande the Co family’s complaint.

She added that the filing of the complaint paves the way for a preliminary investigation, which is a more formal inquiry compared with the earlier fact-finding probe done by a DOJ panel of prosecutors.

The DOJ panel’s report blamed the deaths on the communist rebels, saying the trajectory of the bullets that killed Co and his companions came from lower grounds, where the NPA rebels were allegedly located.

She added that the imminent preliminary investigation on the murder charges “effectively” has more weight than the fact-finding probe done by the panel.

“In the preliminary investigation, the evidentiary rules will apply. The ultimate goal is to determine probable cause whether the respondents can be indicted. This is a different proceeding, it’s more formal and it will be done by a different panel,” she said.

De Lima likewise vowed the DOJ’s impartiality in the upcoming preliminary investigation.

“The panel that will be created will be presumed to be regular and diligent and efficient in the discharge of its mandate,” she said. — RSJ, GMANews.TV (SOPHIA M. DEDACE, GMANews.TV)

A New York-based human rights group on Tuesday criticized President Benigno Aquino III for allegedly not doing enough to provide justice for human rights abuses, eradicate private armies and address the culture of impunity by the police and military organizations.

In its 2011 report, the Human Rights Watch (HRW) said that after seven months into his presidency, Aquino “has taken insufficient steps to make perpetrators of killings and other abuses accountable.”

“President Aquino came to office promising that human rights would be a top priority,” said HRW deputy Asia director Elaine Pearson. “But talk is cheap, so long as security forces remain unaccountable for violent abuses.”

In its World Report 2011, HRW described the Philippines as a multiparty democracy with a thriving civil society and vibrant media, but observed that law enforcement agencies and the justice system remain weak, and the military and police commit human rights violations with impunity.

It also noted that “no significant progress has been made in hundreds of political killings that have occurred over the past decade.”

However, it took exception on the trial of Andal Ampatuan, Jr., a former mayor in Maguindanao province, and several others linked Nov. 23, 2009 massacre of 57 people, including 32 media workers in Ampatuan town, Maguindanao.

The HRW said that since Aquino took office, more than 20 leftist activists have been killed, and that even the international community led by the United Nations, European Union, and the United States, had scored the Philippines’ dismal human rights record.

A local rights group Karapatan claimed that 1,118 extrajudicial killings and more than 200 enforced disappearances were documented in the Philippines between 2001 and October 2009.

“Aquino has not fulfilled his campaign promise to take action against other ruling families who use militias and police as their private armies,” the HRW said.

Task forces were created to examine two private armies elsewhere in the country, but this has not resulted in any further action, the HRW said.

HRW’s Pearson, meanwhile, hailed Aquino’s December order to drop charges against the so-called “Morong 43,” saying it “sends a proper message to the military and police that mistreatment of suspected rebels undermines counterinsurgency efforts.”

In February 2010, the army and police arrested 43 men and women in Morong, Rizal province, and for 36 hours kept them blindfolded and refused them legal counsel. Following Aquino’s order, 35 were released in December.

Three men who face separate criminal charges remain in jail while two men and three women who have admitted to being communist rebels and chosen to enroll in the government’s integration program are still in military custody.

But rather than investigating the allegations of abuse, Pearson lamented that the military granted awards to two officers who led the arrests.

Pearson also cited the two new laws on torture and war crimes that were enacted in late 2009, which will assist prosecutions of government officials implicated in criminal acts.

“New laws on torture and war crimes provide valuable tools for combating abuses. But real progress in professionalizing the army and police will only happen if these laws are put to use,” Pearson said. — LBG/KBK, GMANews.TV

Philippine Daily Tribune Online, 01/25/2011

A hard-hitting radio commentator was shot dead in Puerto Princesa City, Palawan, yesterday morning, police said, becoming the second journalist to be murdered in the eight-month-old Aquino administration.

Philippine National Police (PNP) spokesman Chief Supt. Agrimero Cruz Jr. identified the victim as Dr. Gerry Ortega of Radio Mindanao Network’s dzAR based in the city.

According to Cruz, Ortega was shot in the head while shopping in a clothing store just after finishing his latest broadcast.

Police quickly caught his attacker but the motive for the

killing was not yet known, he said.

“Recovered from the suspect’s possession was a .45 cal. pistol,” the police official added.

Initial investigation showed that Marlon Dicamata, alias “Marvin Alcaraz,” is from Taguig City, Metro Manila, prompting the police to suspect that the gunman could be a hired killer.

When asked about the motive of shooting the victim, Alcaraz reportedly said he was out to rob Ortega.

Investigators are digging deeper into the case.

“We still cannot say if (Ortega’s murder) was related to his work as a radio commentator. The killer has accomplices who are still being hunted,” desk officer Robert Dagala said.

Before his murder, Ortega was known for his criticism against local corruption, and his advocacies for the protection of the province’s environment.

Tthe National Union of Journalists in the Philippines (NUJP), in a statement issued also yesterday said, “Ortega is the 142nd journalist killed since 1986 when democracy was restored in the Philippine after Ferdinand Marcos was toppled.”

“If the killing is proven to be work-related, he would be the second to be murdered under President Aquino. The first was radio reporter Miguel Belen of Iriga, Camarines Sur,” the NUJP said.

Aquino has said he intends to make the Philippines safer for journalists.

Jerry Yap, president of the National Press Club (NPC) of the Philippines, condemned the killing of Ortega.

He said the NPC will push a vigorous investigation to ferret out the truth about the latest media slaying.

An investigation, meanwhile, has been ordered by the Department of Justice (DoJ).

DoJ-Task Force Against Political Violence or Task Force 211 head Justice Undersecretary Francisco Baraan said his office has already coordinated with the Puerto Princesa police for the details on the death of Ortega.

The task force, according to Baraan, would determine if whether his murder was work-related or politically motivated brought about by the nature of his work as a critic of alleged corrupt politicians in the said province.

Puerto Princesa City Mayor Edward Hagedorn who said Ortega had received death threats through text messages before he was killed has ordered local police to secure both Ortega’s family and suspected gunman. Benjamin B. Pulta, Gina P. Elorde, PNA and AFP

By Tarra Quismundo, Alcuin Papa, Philippine Daily Inquirer

MANILA, Philippines—The settlement may amount to “loose change,” but the $7.5-million pay-out for human rights abuse victims (or $1,000 for each victim) during martial law is an affirmation of the late strongman Ferdinand Marcos’ ill-gotten wealth, a human-rights victim and former lawmaker said on Friday.

Satur Ocampo, a former representative of the party-list group Bayan Muna, said the settlement for Marcos-acquired land in the American states of Texas and Colorado was a welcome development in the 25-year fight of victims of abuses during the Marcos regime.

Distribution is expected to begin in mid-February and take about a month.

“It’s just loose change. But the amount is OK… at least families are getting something,” Ocampo, a national board member of Selda (Samahan ng Ex-Detainees Laban sa Detensyon at Aresto), said when reached by phone.

“It is a confirmation, an acknowledgment that the Marcoses had amassed ill-gotten wealth,” he said.

Commission on Human Rights (CHR) Chair Loretta Ann “Etta” Rosales, who used to head the Claimants 1081 group, told the Inquirer that she was waiving her rights to her share.

Rosales said she and other victims would use the money to establish a foundation to continue their human rights advocacy and to memorialize victims of martial law.

She said she was “happy” for the award because it represented an “uphill struggle” for the victims. She added that it was the first time in Asia that victims of human rights abuse would be indemnified.

A federal judge in Honolulu approved on Thursday the distribution of $7.5 million to settle a lawsuit filed by thousands of victims of torture, execution and abduction under the Marcos regime.

The distribution provides the victims their first opportunity to collect something since they sued in 1986.

Each eligible member of the class-action lawsuit will receive $1,000 under the plan approved by US District Judge Manuel Real.

Malacañang welcomed the decision of the Honolulu court.

“Yes, this is a positive development because of the long wait of the victims of human-rights violations during the administration of former President Marcos. It’s high time this happened,” said President Aquino’s deputy spokesperson Abigail Valte.

Asked to comment, the chair of the Presidential Commission on Good Government (PCGG), the government agency tasked to pursue the recovery of Marcos assets, said the state was not a party in the case.

“But that does not prejudice the ability of the republic to go after these properties. That’s one thing we’re looking at right now,” PCGG Chair Andres Bautista told the Inquirer.

Double-listing

Ocampo was among some 9,539 claimants who filed the class suit against Marcos and his cronies. The list was trimmed by 2,000 because of alleged double entries, but Ocampo said this had to be further explained by lead lawyer Robert Swift.

He said he had yet to know for sure whether he was among the names removed from the list as the names of the 7,526 retained claimants had yet to be disclosed.

“They said there was double-listing, but it sounds impossible for 2,000 names to be double-listed,” he said.

Ocampo also said Swift should explain why the original settlement amount of $10 million was reduced by $2.5 million.

“[He] should explain where the $2.5 million went, if it was used for attorney’s fees or incidental expenses,” Ocampo said.

More assets in NY, Singapore

He said the lawyer should also explain the mechanics of the distribution.

The Associated Press reported that during a hearing at a federal court in Honolulu, Swift said the payments were an important milestone for victims who had been fighting for years. Most of the victims or their surviving family members live in the Philippines.

“We know they are anxious for distribution. Most of our members are poor, very poor, and live in a Third World country that hasn’t compensated them for any injuries they suffered, or loss of loved ones,” Swift said.

He said $1,000 might not seem like much but that the money would go far in the Philippines where per capita income was about $1,700.

The funds come from a $10-million settlement of a case against individuals controlling Texas and Colorado land bought with Marcos money. Legal fees and a payment to the person who located the properties will consume most of the remaining $2.5 million of the settlement.

Swift said his team was still pursuing an additional $70 million in Marcos assets through courts in New York and Singapore.

Ground-breaking case

Swift said the case was groundbreaking in that it was the first class-action lawsuit filed anywhere in the world for human rights violations.

“The challenge was to show that it could be done. And it could be done efficiently and the court could manage the case efficiently. And I think we accomplished all of that,” he said.

Fr. Dionisio Cabillas, secretary general of Selda, said the award represented a triumph for the victims.

“That is a symbol of the triumph of the struggle of the victims of martial law, so they will accept [the payment], no matter how small. It shows that Marcos was guilty,” Cabillas told the Inquirer.

Rosales advised victims to accept their share. But she said it was also within the rights of the victims to refuse the payment.

“All who have the right to claim the award should claim it. Those who don’t want it, that’s their right. What is important is to ensure the distribution to those who deserve it,” Rosales told the Philippine Daily Inquirer.

Blocked all the way

“This makes me happy. And this is just the first tranche after God knows how long… I don’t care how small it is. It’s very significant,” she said.

Rosales said Judge Real’s court approved the award of any Marcos asset recovered by the victims as far back as 1995.

“Every step of the way was blocked by people who would rather keep these [Marcos assets] to themselves, especially the government,” she said.

She narrated that then President Joseph Estrada had been supportive of their fight. But she said the administration of Gloria Macapagal-Arroyo had thwarted all their efforts to get their award, including a legislative bill that should have outlined the distribution of the award.

Rosales and Cabillas also expressed hope that the PCGG would not oppose the award.

In a separate statement, Ocampo called the US court decision a “vindication” for human rights victims.

“The settlement has proven the very well known fact that the Marcoses stashed money from the people’s coffers and allowed dummies and cronies to hold these for them. This is a vindication for the victims and the Filipino people’s fight against corruption of the hated conjugal dictatorship,” he said.

Selda also called on the Aquino administration to certify as urgent long-pending bills, one filed by Ocampo during his time in Congress, that would legislate the compensation of victims of martial law. With reports from AP and Norman Bordadora