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INDEPENDENT
COMMISSION TO
ADDRESS MEDIA AND
ACTIVIST KILLINGS
Created under
Administrative Order No. 157 (s. 2006)
R E P O R T
INTRODUCTION
There is no shirking the
fact that people, almost all of them activists or
militants, have been killed. There is no denying the
reality that militant citizens have been liquidated.
The numbers vary. Task Force Usig of the Philippine
National Police listed down one hundred eleven (111)
killings, which has since increased to one hundred
thirty six (136). Amnesty International, in its
official website, mentions 244 victims. The group
Karapatan is said to have counted at least 724
killings. Unfortunately, none of the so-called
activist/militant groups, be they outright communist or
satellite groups, came forward if only to inform the
Commission of the numbers of their members who have
become victims of extrajudicial killings. Be this as it
may, the number, whether at a low of 111 according to
Task Force Usig, or a high of 724 of Karapatan, is one
too many.
It is said by those who
would justify these killings that the victims are
enemies of the State. Verily, one’s attention may be
called to the screams in death of the victims of the
Communist Party of the Philippines, its armed group the
New People’s Army (“NPA”), and its front organizations.
Surely, ever present is the only too human feeling of
wanting to see one’s enemies and oppressors bite the
dust, so to speak, struck down on the quick based on
one’s own personal concept of justice or on the
military’s unilateral assessment that they are enemies
of the State.
This may well be so, but
it should be carefully noted that the victims, of which
this Commission is concerned, were all non-combatants.
They were not killed in armed clashes or engagements
with the military. They were killed, it is said, by
motorcycle-riding hooded killers in assassination
manner.
Government agencies hardly
need reminding that in a democratic and civilized state
such as ours, one must uphold and observe the rule of
law, the principles of justice, and the system and rules
of how it is dispensed – from investigation to arrest,
to inquest, and to trial. The system may be far from
perfect, giving rise to the temptation to take
short-cuts. But precisely, short-cuts are in defiance
of the system of impartial justice. The rules must be
observed at all times.
This is the very reason
why President Gloria Macapagal-Arroyo, understandably
alarmed by these killings, created this Commission to
get to the bottom of why these extrajudicial or
extralegal killings are happening and who probably are
responsible therefor.
It is regrettable that the
militant groups which should be most interested in
seeing justice done, forthwith tagged the Commission as
not independent in composition. They refused to heed
invitations of the Commission to appear—not necessarily
with witnesses to the killing, for they may have none
(or if there were witnesses, we could not in conscience
force them to testify if they were fearful of their
safety), but if only to inform the Commission of their
own body-count of victims as well as to give their
reasons why they believe that the military is
responsible for the killings.
Nevertheless, this
Commission gathered what information it could find from
different sources. It became apparent early on that the
number of killings, whether according to Karapatan or
Task Force Usig, is one too many.
A.Factual
backdrop
In the wake of a
disturbing wave of unexplained killings of civilian
activists and media personnel, President Gloria
Macapagal Arroyo issued Administrative Order No. 157
entitled “Creating an Independent Commission to Address
Media and Activist Killings.” The Commission was given
the task to prioritize and focus investigation of media
and activist killings and thereafter to submit
recommendations to the President on policies and
actions, including prosecution and legislative
proposals, if any, aimed at eradicating the root causes
of the extrajudicial killings and breaking such cycle of
violence. Necessarily, the Commission’s first and
foremost task was to determine the root cause of the
said killings, and if possible, the persons or interest
group responsible therefor.
The Commission was not
created to solve the killings, or any of them, by
pinpointing the actual gunmen involved. Neither will
the Commission prosecute who it believes are the persons
behind such killings. Those tasks, which would take
years and an army of investigators and prosecutors to
finish, would be best left to the regularly constituted
law enforcement authorities and the Department of
Justice.
B.Procedure
It was decided
by the Commission that the most effective way of
gathering the necessary information about the
extrajudicial killings was to conduct public hearings at
which evidence would be presented and resource persons
and witnesses testify. The General Counsel, under the
auspices of the Commission, would be responsible for
gathering, sorting, and presenting the evidence and
witnesses at the hearings.
Faced with a number of
potential witnesses and resource persons, the Commission
planned to invite resource persons or witnesses from the
various activist or militant groups, families of
victims, as well as the police and military
authorities.
The Commission intended to
present, as its first set of witnesses, the families of
the two students of the University of the Philippines
who had then recently disappeared in Hagonoy, Bulacan,
and were feared to be the latest victims of
extrajudicial killings. Unfortunately, despite
invitations sent to the said families through the good
offices of Commissioner Nelia Gonzalez and other
officials of the University of the Philippines, they
declined to appear, seemingly upon the urging of
Karapatan. Likewise, despite the numerous invitations
extended by the Commission, Karapatan and other activist
or militant groups refused to cooperate, and rather
questioned the Commission’s independence.
Since the
Commission essentially relied on the voluntary
cooperation of witnesses and resource persons, there was
nothing the Commission could do about the reluctance of
the activist groups to join the investigation, except
perhaps by demonstrating its independence, probity, and
integrity in the hearings to be held and in its eventual
report.
In the
meantime, due to the lack of other witnesses and
resource persons from the activist and militant groups,
the Commission opted to call the police and military
authorities to provide their own information on the
extrajudicial killings.
The Commission
first called the Philippine National Police, which sent
Gen. Avelino Razon, Deputy Director of the PNP, together
with his retinue. Gen. Razon is likewise the head of
Task Force Usig, which was created to investigate,
solve, and otherwise handle the same extrajudicial
killings, and it was in his capacity as such head that
he appeared before the Commission. The Commission was
likewise informed that Task Force Usig was instructed by
the President herself to cooperate fully with the
Commission. Gen. Razon presented a comprehensive report
on the activities of Task Force Usig and their views and
opinions on the suspects behind the killings.
Thereafter,
the Commission called on the Armed Forces of the
Philippines, which was represented by the Chief of Staff
Gen. Hermogenes Esperon, who gave a brief report or
statement on the killings, and answered various
questions propounded by the Commission. The next
witness was Retired Gen. Jovito S. Palparan, Jr., who
was confronted for his image and reputation as the prime
suspect behind the extrajudicial killings.
The Commission
then extended an invitation to the Commission on Human
Rights, which was represented by Chairperson
Purificacion Quisumbing.
Thereafter,
the Commission held hearings in Bacolod, Negros
Occidental, and in Davao City on the alleged killings of
peasants and non-governmental organization workers
suspected to be perpetrated by hired goons of
landowners. The Commission noted that these killings
are within its mandate to look into, considering that
the victims were farmers or peasant activists.
I.UNDISPUTED
FACTS
From the proceedings, it
became plain that certain matters and facts were
well-nigh undisputed. Although not necessarily proven
in such a manner that would be binding in a court of
law, these facts are nevertheless accepted as such by
all concerned and, therefore, may be presumed to be
true.
The first undisputed fact
is that there indeed have been extralegal killings, and
that the victims were almost entirely members of
activist groups or were media personnel. The numbers of
victims and the theories behind their deaths vary
between the versions of the PNP and the military, on one
hand, and Karapatan and Amnesty International, on the
other. However, it is undisputed that there were
killings.
More importantly, it is
also undisputed that there was a rise in the number of
killings to an extent sufficient to alarm activist
groups, non-governmental organizations, the PNP, and, in
fact, the President herself. Similarly expressing
concern was the international community, especially the
European Union. The military and police authorities
likewise agree with the activist groups that there was
even a rise in the extrajudicial killings of activists
and militants between 2001 and 2006 as compared to a
similar period prior thereto.
Likewise without dispute
is the manner of the killings. From the reports of Task
Force Usig, victims were generally unarmed, alone, or in
small groups, and were gunned down by two or more masked
or hooded assailants, oftentimes riding motorcycles.
The assailants usually surprised the victims in public
places or their homes, and made quick getaways. It is
undisputed that the killings subject of the
investigation did not occur during military engagements
or firefights. These were assassination or ambush type
killings, professional hits carried out quickly and with
the assailants escaping with impunity.
It is also undisputed that
the PNP has not made much headway in solving these
killings. Out of the 111 killings of activists
acknowledged by the PNP, only 37 had been forwarded to
the proper prosecutor’s office for preliminary
investigation or filed in court. Obviously, the reason
for this poor score was the refusal of Karapatan and its
allied groups to come forward and cooperate. Lastly, it
is clear that the rise in killings of such activists
whom the military brands as enemies of the state was to
such an extent that it could not possibly be attributed
to a simple increase in the crime rate. In fact, the
circumstances clearly show that such killings of
activists and media personnel is pursuant to an
orchestrated plan by a group or sector with an interest
in eliminating the victims, invariably activists and
media personnel. The military establishment itself
acknowledges this, by attributing the rise in killings
to a “purge” of ranks by the CPP-NPA.
II.PRESENTATION OF
WITNESSES/RESOURCE PERSONS
A.Task Force Usig;
PNP Deputy Director Gen. Avelino I. Razon, Jr.
1.Introduction
Task Force Usig (TFU) was
created, upon instructions of President Gloria Macapagal-Arroyo,
by Secretary Ronaldo V. Puno of the Department of
Interior and Local Government, to investigate the media
and political killings.
2.Statistics on killed
activists and newsmen/media men.
TFU reported that from the
2001 to 2006, the total number of slain/party list
members reached 111 while the total number of media men
killed for the same period reached 26. TFU’s statistics
are much lower than the figures reported by Karapatan
and Amnesty International for the same period. According
to Karapatan, there was a total of 724 killings while
Amnesty International claims that there was a total of
244 killings. Gen. Razon could not explain the
difference in the figures because according to him,
Karapatan and Amnesty International have refused to meet
with TFU. An updated report of TFU as of 23 November
2006 shows an increased total of 115 cases of killings
of activists or militants. Out of this total, 46 cases
are already “filed in court” and the remaining 69 are
still under “extensive investigation and case build-up.”
2.1 Out of the 111
extrajudicial militant killings, 37 criminal complaints
have been filed, while 74 cases are still under
investigation. The low number of cases filed is
allegedly due to: (1) lack of witnesses; (2) absence of
sufficient evidence; and (3) the pendency of preliminary
investigation. Gen. Razon further added that there is
lack of confidence in the impartiality of police, fear
of reprisal by other elements of society, and lack of
interest of the victims’ families.
2.2 Of the total of 26
media persons killed, twenty one (21) cases have been
filed while five (5) are still under investigation.
When asked to explain the substantial difference in the
efficiency of the investigation on media men killings
vis-à-vis militant persons, Gen. Razon said that in
the case of media personnel, there are more witnesses
and the police have received more cooperation from the
media.
3.Cases solved
Gen. Razon stated that the
PNP deems a case solved in line with a NAPOLCOM
Resolution stating that a “case is solved” when a
suspect has been identified and charges have been filed
before the prosecutor or the court, without prejudice to
further investigation. However, Gen. Razon clarified
that it is not an international definition.
In truth, the
“solution efficiency” of 29% is even deceptive or
misleading. As stated in TFU’s updated report “Out of
the total 45 cases filed in court, the PNP has filed 5
cases with 8 arrested suspects who are all in jail;
filed 25 cases under preliminary investigation, filed 1
case with surrendered suspect, while the suspects for
the remaining 15 incidents are still at large and are
subject of manhunt operations.” It is not, therefore,
entirely accurate that 45 cases have already been filed
in court since “25 cases [are] under preliminary
investigation.” Thus, only 20 cases have actually been
filed in court; 25 cases are only under preliminary
investigation. These cases may yet be dismissed for
lack of probable cause. Of the 20 cases filed in court,
the accused or suspects have been arrested in only (6)
cases. It cannot then be accurately said that the
accused in the 27 cases have been brought to justice.
Indeed, with respect to the 78 cases still under
“extensive investigation,” it is even doubtful whether
the perpetrators can even be identified.
When asked for
the meaning of the term of “under extensive
investigation,” Gen. Razon said in each case, regular
case conferences are held, more men are assigned to
investigate and the organization of special teams such
as TFU. Upon inquiry, he replied that TFU receives a
monthly budget of P300,000.00. As an incentive, each
member of the unit receives P5,000.00 for every suspect
captured or case solved.
Gen. Razon
further testified that the PNP has not been successful
in investigating the killings of militants because the
CPP/NPA has terrorized the witnesses.
4.Reason for
political killings.
Gen. Razon
admitted that TFU still cannot explain the reason for
the increase in political killings.
Thus, TFU fell short of its objective to “establish who
is responsible for the killings” and to determine
whether there is a pattern of serialized killings
victimizing leftist activist and journalist.”
4.1 Gen. Razon refused to
attribute the upsurge of political killings to the
President’s declaration of an all out war against the
communist insurgents.
4.2 But he was quick to
say that their records show that the killings are the
result of CPP/NPA” own purging because of “financial
opportunism.”
Gen. Razon admitted that
he agrees with the statement of Gen. Palparan that
organizations such as Karapatan and Bayan Muna are
“fronts” of the CPP-NPA, and that unless “we stop
fooling ourselves that they are not fronts, we will not
be able to solve the insurgency problem.” He further
asserted that the NDF and Bayan Muna provide support,
money, resources, and legal assistance to the CPP/NPA.
However, when asked by
Chairman Melo whether TFU has data on whom among those
killed were finance officers, Gen. Razon could point to
only two victims who were allegedly involved in
financial operations.
5.TFU did not
investigate Gen. Palparan, nor was he asked to account
for his statements.
5.1 Notwithstanding the
widespread reports that Gen. Palparan had been suspected
of being involved in the extrajudicial killing of
leftist activists, TFU never summoned Gen. Palparan for
questioning or investigation. Gen. Razon made it clear
that Gen. Palparan is not under the jurisdiction of the
PNP or Task Force Usig. Moreover, he stated that there
was still no basis/evidence to summon or investigate a
personality such as Gen. Palparan. The PNP needs to
operate within the law. Hence, it needs evidence before
it can investigate officers.
Atty. Vinluan pointed out,
however, that the purpose of investigation is precisely
to gather evidence. PNP does not need evidence before it
can investigate Gen. Palparan
5.2 Gen. Razon testified
that TFU did not ask the Deputy Ombudsman for the
Military to look into the alleged violations of Gen.
Palparan and the military. However, he supposedly
asked the head of the AFP to look into the participation
of the military in the killings. Atty. Vinluan asked for
copies of such letter-request.
6. Command
responsibility
TFU did not investigate
higher-ranking military officials. Gen. Razon claimed
that the PNP cannot go further than the suspect. If the
Sergeant remains silent or refuses or fails to point to
the involvement of a superior officer, the PNP cannot go
higher.
TFU pointed out that
military operations are beyond the scope of the TFU.
Since the military conducts its own operations. TFU
investigated only four military personnel.
7. Personal opinion
When asked by Chairman
Melo whether he would have summoned Gen. Palparan if the
latter were under his command, Gen. Razon replied that
he would have immediately called Gen. Palparan “to
explain why there was an apparent increase in the
incident[s] in the areas where he was assigned.”
But Gen. Razon also said that Gen. Palparan will not
incriminate himself.
8. Recommendations
of TFU
To conclude his testimony,
General Razon made the following recommendations for the
successful investigation and prevention of future
killings:
8.1 Closer collaboration
of law enforcement/prosecution without sacrificing their
impartiality;
8.2 Faster issuance of
warrants of arrests;
8.3 Expedite conduct of
preliminary investigations;
8.4 Strengthen Witness
Protection Program, increase budget to provide economic
opportunities for families.
B. AFP Chief of
Staff Gen. Hermogenes Esperon:
1. Opening
Statement: AFP Policy and Practice
Gen. Esperon sternly
declared that the AFP does not condone or employ summary
executions as a matter of policy and practice. Neither
does it tolerate abuses, crimes, or summary executions.
The AFP is a professional institution, which does not
engage in summary executions. The AFP, in fact,
operates on the basis of the Constitution and thus holds
the value of human life to the highest degree. Several
publications
have been made to educate AFP’s soldiers:
a. AFP
Standing Rules of Engagement
b. Protection
of Non-Combatants in the Philippines
c. The
Philippine Army Soldiers’ Handbook on Human Rights and
International Humanitarian Law
d. Primer on the
Comprehensive Agreement on the Restrict for Human Rights
and International Humanitarian Law
e. Rules
of Behavior on Combat
f. Love
of Country/Pagmamahal sa Bayan
g. Code
of Ethics
Gen. Esperon further said
that it is unfair to link the AFP to all political
killings just because the political inclination of the
victims is toward the left. He stated that the AFP has
been stereotyped as the perpetrator of the
extra-judicial killings of journalists and militants.
Subjecting the AFP to a trial by publicity is a
modus-operandi by the CPP-NPA.
However, Gen. Esperon
refused to categorically state that the AFP has
absolutely nothing to do with the killings of activists,
as such statement might be too presumptuous.
2. Reaction to
Gen. Jovito Palparan’s Statement “Bayan, Karapatan,
Anak ng Bayan are all front organizations of the CPP-NPA
with Bayan Muna as the umbrella organization”.
Gen. Esperon agreed that
there is truth to the said statement. He claimed that
the CPP-NPA uses as a shield the National Democratic
Front (NDF), which is an aggrupation of legal
organizations that are infiltrated with members of the
CPP-NPA. For example, Bayan Muna, while being a
legal organization has elements that are also members of
the CPP-NPA. These members are conveniently hiding
under a legal organization to serve the ends of the CPP.
Therefore, these organizations become the front
organizations of the armed struggle of the NPA. What is
meant by the term “front organizations” is that many
members of the legal organization are identified members
of the NPA. These members, who are identified with the
CPP-NPA, are fooling these (legal) organizations to be
the umbrella of the CPP-NPA and work ultimately,
wittingly or unwittingly, for the cause of the CPP-NPA.
3. Presentation
entitled “Knowing the Enemy”
Gen. Esperon confirmed the
existence of an AFP Briefing presentation entitled
“Knowing the Enemy” which explicitly accuses progressive
leftist organizations of being front organizations of
the CPP-NPA.
4. AFP considers
the CPP-NPA as “enemy of the state”
The CPP-NPA is treated as
an enemy of the state because the Philippines is a
democratic state. The CPP-NPA wants to supplant our
democratic way of life with a communist ideology.
However, Gen. Esperon was
quick to clarify that it does not follow that the AFP
similarly treats some left-wing organizations (which are
considered front organizations of the CPP-NPA) as
enemies of the state because these are legal
organizations and serve a function in a democratic way
of life. He added that Gen. Palparan’s statement
that Congressmen Satur Ocampo and Teddy Casiño are
“enemies of the state” might have been prompted by the
fact that the former was a known member of the CPP.
5. Reaction to
Gen. Palparan’s statement, “Even though they are in
government, as Congress representatives, no matter what
appearance they take, they are still enemies of the
State”, as reported in the Philippine Daily
Inquirer, May 16, 2006 issue.
Gen. Esperon said he has
not been given a manuscript that contained the said
statement. He added that there could be truth to the
matter in light of a narration made by a certain Mr.
Piedad, a former NPA Commander and a witness to the mass
graves in Inupakan, Leyte. According to Mr. Piedad,
the orders for the mass killings came from NPA
personalities which are known in the filed as Ka Gres,
Joma Sison, Ka Louie and Ka Satur. In another incident
at Aurora, a letter was uncovered which mentions the
name “Ka Satur” as responsible for the purchase of Five
Million Pesos (P5,000,000.00) worth of
explosives. Though the real identity of “Ka Satur” is
unknown, it seems to be a popular name in the
underground. Thus, this could be the basis for Gen.
Palparan’s statements.
6. Local
Communist Movement (LCM)- Influenced versus
LCM-Infiltrated (as based on
an AFP lecture)
Indicators of an
LCM-Influenced organization:
1. created
or established by the CPP-NPA-NDF and other
factions of the LCM;
2. under
the influence of a national democratic underground
mass organization of the CPP or its counterpart in the
reactionist faction;
3. adapts
the NDF twelve point program of the actions and
similar programs of the other LCM faction;
4. actively
involved in multi-sectoral rallies, wherein issues
raised
are beyond the traditional interest of the particular
society it
represents;
5. radical
and violent in the conduct of mass protest action.
A sectoral organization is classified as a
LCM-Infiltrated if it satisfies any two of the
following indicators:
1. Not
categorized as LCM-Influenced but is actively involved
in
party-list activities;
2. Under
the influence of a national democratic underground mass
organization of the CPP or its counterpart in the
reactionist faction;
3. its
aims, objectives, policies and/or pronouncements are
similar to
the
political lines expounded by the LCM;
4. Activities
are similar or complimentary to those of the LCM;
5. Maintains
a close relationship with suspected LCM personalities
and/or
organizations.
Gen. Esperon denied
knowing the source of the lecture. However, he said
that those are ways that could be used in classifying
organizations. The structure of the CPP-NPA-NDF is as
follows: The CPP is the brain; the NPA is the armed
group; and the NDF is the shield. The NDF is composed
of legal organizations that may have been infiltrated by
the CPP and NPA.
7. President
Arroyo’s order to wage an all-out war against the
CPP-NPA as a cause for the rise in activist killings
Gen. Esperon explained
that an “all-out war” means waging a holistic war. The
strength of the military will bear down upon the enemy
and at the same time, the various government agencies
should also contribute in solving the root causes of
insurgency such as poverty and injustice. The rise of
activist killings has nothing to do with the marching
orders of the President.
The AFP is currently
deploying forces to address the armed threat. At the
same time, it is also implementing projects, called
Kalayaan Barangay Program, which brings in small-scale
development to 600 barangays nationwide. The program
involves infrastructure development, day care, etc.
8. One of the basic
strategies of the total war is to neutralize the
leadership of the Communist Terrorist Movement (CTM) or
the Local Communist Movement (LCM)
Gen. Esperon explained
that the AFP aims to neutralize the leaders of
the guerilla front, who are bona fide members of
the NPA as evidenced by captured documents.
9. Foreign
Support for CPP-NPA
Gen. Esperon manifested
that the AFP has “captured” several documents which
prove that the CPP-NPA had been receiving support from
foreign organizations. Further, the purpose of Jose
Maria Sison and Luis Jalandoni for being out of the
country is to get support from outside the country for
the local communist movement.
Gen. Esperon reported,
however, that since the CPP-NPA has been classified as a
foreign terrorist organization by the United States and
the European Union, much of their foreign funding has
dried up.
10. Investigating
encounters between the AFP and the CPP-NPA
When asked if the AFP has
investigated killings during combat encounters, Gen.
Esperon mentioned that all encounters are treated as a
scene of crime and is conducted by the scene of crime
operations (“SOCO”), which is a joint undertaking of the
AFP and the PNP. However, it has no formal
organization. Under Executive Order No. 546, the PNP
has become an equal partner in counter-insurgency.
11. Procedure for
complaints filed
When asked about the AFP’s
investigations into killings, General Esperon stated
that before an investigation can commence, a complaint
must first be filed. From the years 2000 to 2006, a
total of 770 complaints were investigated. Complaints
come from the Commission on Human Rights, the victims
themselves, foreign or non-governmental organizations,
the Department of Foreign Affairs, or the
joint-monitoring committee. Thereafter, the report of
the investigation will be submitted to the General
Headquarters.
However, Gen. Esperon
added that although the AFP entertains the complaints
filed, it is the PNP which is the rightful or correct
agency to proceed with the criminal investigation, with
the AFP simply cooperating with the PNP by giving inputs
and making its personnel available for investigation.
12. List of NPA
victims
To emphasize his point
that the CPP-NPA is the party to blame for the activist
and media killings, General Esperon stated that AFP
records show that a total of 1,227 persons have been
liquidated by the NPA. Out of the 1,227, 384 were AFP
and PNP officers or personnel while 843 were civilians.
Interestingly, in the list of liquidated civilians,
eight (8) of them were also known to be members of the
group Karapatan.
13. Report of Task
Force Usig
In the Report, a total of
111 militants were slain, six of whom were slain by
military elements (2 military, 1 CAFGU, 3 military
assets) and 10 other cases were allegedly linked to the
military. However, these cases have not been referred
to the AFP for investigation.
Gen. Esperon relayed his
conversation with Gen. Razon wherein the latter
mentioned that 15 cases were perpetrated by the NPA.
14. “Ang Tala”
“Ang Tala” is an
official publication of the AFP which is published by
the Civil Relations Service. The magazine may contain
articles that do not reflect the official position of
the AFP.
Gen. Esperon admitted
having heard about the 2002 article written by Col. John
Bonatus which clamed that the NDF formed Bayan Muna
and that its growing influence in the electoral and
parliamentary arena is a national security problem.
However, he said that he could not comment thereon as he
has not read it.
15. AFP
Investigation of Gen. Jovito Palparan
It was noted that there
was an increase in activist killings in the areas where
Gen. Palparan was assigned. Thus, it earned him the
moniker “Butcher “ or “Berdugo.”
Gen. Esperon said that an
internal investigation was conducted by the AFP.
However, no formal investigation was conducted since no
formal complaints were filed against Gen. Palparan. The
internal investigations conducted were informal in
nature and thus, no records were kept.
Moreover, when the
reports came out in the media, Task Force Usig was
already organized. Thus, the AFP deemed it more
appropriate to let the task force conduct any
investigation lest the AFP be accused of whitewashing
the matter.
Additionally, Gen. Esperon
said that to investigate Gen. Palparan during the time
when he was neutralizing the NPA would have been
counter-productive.
Although Gen. Esperon admitted that the AFP has the
power and authority to investigate if any of its
officers has violated certain rules and regulations,
such investigation may, however, muddle or obstruct any
on-going operation. Gen. Esperon added that the AFP has
confidence in the duly constituted investigative body.
Atty. Vinluan mentioned an
incident in Mindoro wherein Eden Marcellana and Eddie
Gumanoy were abducted by 20 men believed to be members
of the military and military assets. Gen. Esperon could
not say whether an investigation was conducted on the
matter, reasoning that he was stationed in Basilan at
the time the incident happened.
16. Reaction on the
following statements made by Gen. Palparan:
General Esperon was asked
for his reaction to General Palparan’s public image and
statements appearing in media reports, among which were
as follows:
Potential
vigilante style actions by anti-communist elements
outside the military organization cannot be stopped
completely and the killing of activists are necessary
incident to conflict.
I cannot order my
soldiers to kill, it’s their judgment call, they can do
it on their own.
I encourage
people victimized by communist rebels to get even.
The killings are
being attributed to me but I did not kill them, I just
inspire the trigger men.
Their (three
student doing research work outside Manila)
disappearance is good for us but as to who abducted them
we don’t know.
Gen. Esperon refused to
answer any question in relation to Gen. Palparan’s
statements, reasoning that Gen. Palparan himself should
be the one to answer the same.
Chairman Melo asked Gen.
Esperon if it occurred to him to call Gen. Palparan to
explain his statements. Gen. Esperon related that he
called Gen. Palparan regarding the three (3) students
who disappeared. Gen. Palparan denied any involvement
and expressed his willingness to submit to any
investigation by the Task Force Usig. Gen. Esperon
added that he recalled calling Gen. Palparan about a
statement (he forgot which) and the latter said he was
misquoted by the newspaper. Gen. Esperon advised him
to be careful with his statements.
Gen. Esperon said that
assuming the above-statements were true, those “are not
right words that should come from an officer.” He added
that the statements, if true, do not reflect well on the
AFP, but it does not mean that the military should be
blamed for the killings.
It appears that the AFP
did not investigate Gen. Palparan on the matter on the
ground that no formal complaint was lodged.
17. Command
Responsibility
When asked about his
concept of command responsibility, General Esperon
stated that it means that a commander is responsible for
what his men do or fail to do in terms of accomplishing
the mission. It does not include criminal liability of
the superior if his men or subordinates commit an
illegal act that is criminal in nature. Only the
subordinate should be liable for the criminal act and
not the superior commander. The commander is
responsible only for acts he authorized.
In relation to reported
abuses allegedly committed by Gen. Palparan, Gen.
Esperon said that these are only accusations and that no
complaints were filed. Moreover, he reiterated that the
matter is left to be investigated by Task Force Usig and
the Commission.
18. Actions that may
be undertaken by the AFP to prevent extrajudicial
killings
When asked what the AFP is
doing to prevent extrajudicial killings, General Esperon
simply mentioned that the AFP has its rules on
engagement and that the AFP conducts courses which have
a module on human rights and there are several
publications to reinforce AFP’s observance of human
rights.
Atty. Vinluan suggested
that in order to stop extrajudicial killings, the
military should correct the impression that left wing
organizations, such as Bayan Muna, Gabriela, and Anak
Pawis, are fronts of the CPP-NPA. Gen. Esperon
countered that Satur Ocampo should denounce the NPA. By
doing so, the AFP will know that previous members of the
CPP-NPA have truly severed their relations with the
underground.
General Esperon, at this
point, presented to the Commission copies of the
following books:
●“Breaking Through” by
Joel Rocamora –Exhibit “J”
●“Suffer Thy Comrades” by
Robert Francis Garcia – Exhibit “K”
●“The Philippine
Revolutionary Movement Combining Armed and Legal
Struggles”
by Luis
Jalandoni – Exhibit “L”
19. Coordination
with Task force Usig
Gen. Esperon said that
AFP’s lack of coordination with Task Force Usig is
intentional as it did not want to influence the
latter’s report. Further, coordination between the two
bodies might be misconstrued. However, Gen. Esperon
added that just the morning he testified, he requested
Gen. Razon to furnish the AFP with a report so that it
can be used as a basis for its own actions.
He said that is it
possible that the evaluation of Task Force Usig may be
different from the evaluation of the AFP. However, in
the end, it will be the courts which will decide should
cases be filed.
20. AFP’s goal of
beating the NPA by 2010 as reported in the Philippine
Star
Gen. Esperon declined to
discuss the operational details on how to defeat the NPA.
However, he said that AFP will give developmental
activities to communities and try to win the hearts and
minds of the people similar to the case of Bohol. Gen.
Esperon explained that due to the efforts of the
military, Bohol is now free of roaming NPAs and has
become a tourist spot. He added that the people of
Bohol like Gen. Palparan.
21. Summary/Notable
Matters:
a.The AFP did not conduct
any formal investigation of suspects, but admits a rise
in reported killings.
b. General Esperon is
convinced that the recent activist and journalist
killings were carried out by the CPP-NPA as part of a
“purge.” Captured documents supposedly prove this. The
full contents or a copy of the documents, however, were
not presented to the Commission.
c. Likewise, General
Esperon was firm in his position that the victims were
members of the CPP/NPA and that the activist
organizations, while legal, are infiltrated by the
CPP-NPA. He stated that these organizations are being
manipulated by the NPA.
d. Gen. Esperon admitted
receiving reports about Palparan being suspected of
conducting extrajudicial killings, being called Berdugo,
etc. but he attributed this to propaganda of CPP/NPA.
e. General Esperon
admitted that no formal investigation was conducted by
the AFP on General Palparan, simply because no complaint
was filed. He mentioned that he merely called General
Palparan on his cellphone and did not go beyond the
latter’s denials.
C. Maj. Gen.
Jovito S. Palparan:
1. Introduction
Maj.
Gen. Jovito S. Palparan served in the Armed Forces of
the Philippines for thirty-three (33) years before his
retirement on September 11, 2006. He was invited by the
Commission to shed light on the heightened number of
extrajudicial killings of media workers and political
activists that transpired in the various posts to which
he was assigned including, but not limited to, the
following:
Commanding General - 7th Infantry
Division, Central Luzon
September 2005 – September 2006
Commanding General - 8th Infantry
Division, Eastern Visayas
February 2005 – August 2006
Brigade Commander - 2nd Infantry
Division, Mindoro
May
2001 – April 2003
2. Propaganda War
During Gen.
Palparan’s assignment in Mindoro and Eastern Visayas,
the people in the said areas gave him certain
disapproving monikers such as “the Butcher,” “Berdugo
ng Mindoro” and “Berdugo ng Samar” in the
context of the rampant extrajudicial executions of
left-wing activists during his assignment.
When asked about how he
earned these nicknames, Gen. Palparan answered that it
was the militants and the CPP-NPA that gave him the
nicknames as a part of their so-called “propaganda
war.” He stressed that even before his arrival in the
areas to which he was assigned, there were already many
killings of both militants and non-militants. Gen.
Palparan further stated that the killings that
transpired during his assignment were merely highlighted
as a form of black propaganda to discredit his efforts
in the area.
3. Organizations/Party List Representatives as support
systems of the CPP-NPA; Enemies of the State
Gen. Palparan
stated that certain Organizations and Party List
Representatives act as support systems providing
materials and shelter for the CPP-NPA. However, when
asked to name these organizations, Gen. Palparan
declined to mention them publicly but only agreed to
disclose the names of these organizations in a
closed-door session.
When asked
about his previous statements accusing party list
organizations such as Bayan, Karapatan, Gabriela, and
Anak Bayan as front organizations of the CPP-NPA with
Bayan Muna as the umbrella organization, Gen. Palparan
neither confirmed nor denied having made these
statements.
Upon further questioning, however, Gen. Palparan said
that he based this information on video clippings of CPP
Chairman Joma Sison naming certain “National Democratic
Front Organizations” as the support systems of the CPP
NPA.
Gen. Palparan
affirmed his earlier statement made before the Court of
Appeals wherein he said that these seemingly legitimate
and ordinary organizations are actually enemies of the
state. He made an exception, however, with respect to
members of these organizations who may not really be
enemies of the state but are considered as such due to
their membership in these organizations.
In an
interview by Pia Hontiveros and Tony Velasquez on the TV
Program “Top Story,” Gen. Palparan was asked why
he considered organizations like Bayan Muna as fronts
for the NPA. In response thereto, Gen. Palparan said “…
a lot of the members are actually involved in
atrocities and crimes …” When asked what evidence
he had to support this allegation, he said that he had
no evidence, but that “he could feel it.” At the
Commission hearing, however, Gen. Palparan said that
there are witnesses who are former members of these
organizations that have severed their membership who can
attest to this.
These witnesses or their statements were not presented
to the Commission. Gen. Palparan also stressed that “a
lot of members” and not all members are involved in
atrocities and crimes.
4. Gen. Palparan’s
Statements implicating specific Party List Organizations
Gen. Palparan was reported to have made the
following statements before the media implicating
specific Party List Organizations such as Bayan,
Karapatan, Gabriela, and Anak Bayan as fronts for the
NPA, to wit:
“Even though they are
in Government as Party List Representatives, no matter
what appearance they take, they are still Enemies of the
State.” (May 16, 2006, Philippine Daily Inquirer)
“The Party List
Members of Congress are doing things to further the
revolution, the communist movement… I wish they were not
there…” (Interview with Pia Hontiveros and Tony
Velasquez -- Top Story)
“It is my belief that
these members of party list in Congress are providing
the day-to-day policies of the rebel movement”
(February 3, 2006, French Press Agency)
When asked to
confirm during the Commission hearing whether or not he
made these statements before the media, Gen. Palparan
only confirmed the statement given in “Top Story.”
With respect to the others, he simply evaded the issue
by saying that he was not sure or that he could not
recall making the statements.
When asked to name which organizations he was referring
to as enemies of the state, Gen. Palparan responded “…
I just want to be general, I just don’t want to
specify …” | 
