II.       A LOOK AT TF211’s OPERATIONS

          In two (2) years since its creation, Task Force 211 has already made significant strides in the crusade against political violence and extralegal killings.  Owing to the efforts of its dedicated members who are passionate and committed to their work, Task Force 211 has accomplished, among other things, the following:

A.        Major Accomplishments

 1.   Convictions 

          1.1 Convicted the killer of Bayan Muna Secretary General Jose Doton

           The task force scored its first conviction in this case.  Victim Jose Doton was the Bayan Muna Secretary General and President of TIMAWA who was killed on May 16, 2006.  Doton was reported to have been very active in the advocacy of peasant-related issues, among which was his opposition to the construction of the San Roque Dam in Pangasinan, believing that it will affect the families living in the area.

 The suspect, Joel Flores, was meted the penalty of reclusion perpetua in a decision promulgated on June 10, 2008 by Judge Ulysses Butuyan of Branch 51 of the Regional Trial Court in Tayug, Pangasinan. 

This is the first conviction of the more than two hundred (200) cases being handled by TF 211 since its creation in November 2007. 

1.2 Conviction of Rafael Cardeňo 

          Victim Baron Cervantes was then widely known as the spokesman of Young Officers Union (YOU), an organization of rebellious junior military officers of the Armed Forces of the Philippines (AFP) while Rafael Cardeňo was the chairman of the same. In 2004, several accused were convicted for the killing of Cervantes. On July 2, 2008, Rafael Cardeňo was arrested, after which a marathon trial ensued; the prosecution was handled by a prosecutor from the DOJ Manila.  In a decision promulgated on March 26, 2009, Judge Bonifacio Sanz Maceda of RTC Br. 275 in Las Piňas City, found Rafael Cardeňo as principal in the murder of Cervantes and sentenced him to reclusion perpetua. 

1.3 First Conviction in Media Killings Cases

           On April 29, 2009, Task Force 211 scored its first conviction in its media killings cases with the conviction of Joy “Tungol” Anticamara, killer of broadcaster Armando Pace. Judge Albert Axalan of RTC Branch 20 in Malita, Davao Del Sur sentenced Joy Anticamara guilty of homicide and to serve up to 17 years in jail.

 TF211 is optimistic that the conviction of Joy Anticamara will become an effective deterrent to the spate of killings of media practitioners in the country.

 2.   Speedy resolution of four (4) cases of media killing (accomplished in an average of less than two (2) weeks or an average of nine and a half (1/2) working days) 

Task Force 211 was instrumental in the early and successful resolution of the following media killings in 2008: 

          Bert Sison:   He was a media reporter of “Top News” who was gunned down last June 30, 2008 in Brgy. Lutucan, Malabag, Sariaya, Quezon.  Task Force 211 caused the expeditious apprehension of the persons involved in this killing.  Immediately upon learning about the incident, a team from Task Force 211’s Operations Group proceeded to Sariaya, Quezon to check on the investigation then being conducted by the PNP. The team evaluated the status of the investigation and gave several recommendations in order to ensure a strong case against the suspects, including a strong recommendation to hunt for the real suspects based on its findings that the suspects initially arrested were not the real culprits. TF 211 also worked for and gained the victim’s family’s trust and cooperation. The deceased’s daughters who survived the ambush were placed under the coverage of the Witness Protection Program after receiving threats from the suspects.  Finally, TF211 facilitated the conduct of preliminary investigation at DOJ Manila which resulted to the speedy disposition of the case. 

          Dennis Cuesta:      He was an anchorman and program director of RMN DXMD in General Santos City who was attacked on August 4, 2008 but died only five (5) days later in the hospital. While monitoring the investigation, TF 211 observed a lackadaisical progress which prompted it to send an investigating team from NBI Manila to conduct a parallel and independent investigation of the incident and to locate and secure all vital witnesses to the incident.  Consequently, on August 18, 2008, the NBI team indicted two (2) respondents in the killing, one of whom was a high ranking police officer in General Santos City. On February 3, 2009, an Information for murder was filed with the Regional Trial Court of General Santos City and a Warrant of Arrest was issued on the same day.

           Martin Roxas:        When this radio announcer of RMN Radyo Agong was gunned down on August 7, 2008, TF 211 promptly coordinated with PNP’s Task Force Usig to hasten the investigation of the case and to cause the immediate arrest of suspects.  It likewise instructed the Office of the City Prosecutor (OCP) of Roxas City to assist the PNP in the investigation, especially with regard to the conscientious collection and preservation of evidence in the case.  As a result of a dragnet operation, the perpetrators were immediately arrested and a case for inquest was filed before the OCP of Roxas City on August 11, 2008.  Upon TF 211’s suggestion, a special panel of prosecutors was created to ensure a judicious and expeditious resolution of the case.  On August 14, 2009, or merely seven (7) days after the killing incident, a case for murder was filed with the RTC of Roxas City.

           Arecio Padrigao:    On November 17, 2008, Arecio Padrigao, a radio commentator from Gingoog, Misamis Oriental, was gunned down by unidentified gunmen in the presence of his daughter.  Immediately after learning about the incident, TF 211 Chairman Ricardo Blancaflor mobilized the task force's law enforcement components and sent a team of investigators and prosecutors to Gingoog to oversee and expedite the investigation of the case. The prosecutor’s office, NBI and PNP worked together in gathering evidence to ensure a speedy resolution of the case. As a result, a case was filed for preliminary investigation on November 28, 2008 and an Information for murder was filed with the RTC of Gingoog City on February 16, 2009.  

It will be noted that the cases of mediamen Bert Sison, Dennis Cuesta, and Martin Roxas were resolved through the efforts of the Task Force in an average of 9 and a half working days.

 2009 Incidents

           Ernesto Rollin: Early this year, or on February 23, 2009, media practitioner Ernesto Rollin, production manager and commentator of RADYO NATIN in Oroquieta City, was killed by motorcycle-riding men. Task Force 211 immediately coordinated with the NBI, PNP and the regional prosecutor’s office in Region X to facilitate the investigation of the incident. In May 2009, the entire records of the case was filed with the DOJ and two principal witnesses were turned over to the witness protection program. A case for murder was finally filed at the Regional Trial Court of Misamis Occidental against Juel Jumalon and a certain John Doe on June 22, 2009.

 Nilo Labares: Labares (DXCC Cagayan De Oro City) was fatally injured while he was on his way home on March 5, 2009 in Macasandig, Cagayan De Oro City. Four days later or on March 9, 2009, the Department of Justice issued Department Order No. 132 forming a panel of prosecutors to conduct a preliminary investigation on the case. As a result, Criminal Case No. 2009-200 for frustrated murder was filed on March 10, 2009. On March 11, 2009, Mr. Labares filed a letter-request to the Supreme Court for transfer of venue of hearing to Manila. 

Task Force 211 continues to be in close coordination with the Regional State Prosecutors Office of Region X for the developments on these cases.

           Cases were also filed in the following incidents, to wit:

 Crispin Perez: The victim was shot outside their house in Poblacion 7, San Jose, Mindoro Occidental at about 9:30 in the morning of June 9, 2009. The victim’s wife saw a male suspect, who posted as a visitor/client, before the actual shooting of the victim happened. Investigation ensued which resulted in the filing of a case at the Department of Justice main office in Manila on July 2, 2009. Preliminary investigation hearings were held last July 31, 2009 and August 14, 2009. The case is now submitted for resolution.

 Jonathan Petalvero: Petalvero was gunned down in Agusan Del Sur on June 25, 2009. On July 31, 2009, a case was filed in court and on August 11, 2009 a warrant of arrest was issued. 

Godofredo Linao: Godofredo Linao was shot at about 1:15 early in the morning of July 27, 2009 at Purok 1, Poblacion, Barobo, Surigao Del Sur. According to the investigation, at about 11:15 in the evening of July 26, 2009, the victim was at the ground floor of Bogac Lodge and Restaurant. After drinking two (2) bottles of beer, the victim left the area at about 11:30 in the evening. Investigation was immediately conducted by the law enforcers which led to the filing of a case for preliminary investigation before the prosecutor’s office. On August 3, 2009 a case of murder was filed at the Regional Trial Court of Lianga Sur docketed as Criminal Case No. I-2295 entitled “People of the Philippines vs. Doy, et. al” and a warrant of arrest was issued on the same day.  

 Task Force 211 has not officially included the Perez, Petalvero and Linao cases in its list but the task force is constantly monitoring the developments in these cases.

 3.   Facilitated the prompt resolution of cases

           Task Force 211 facilitated the prompt resolution of cases under preliminary investigation pending with different prosecution offices nationwide; it continuously monitors more than 200 other cases of extralegal killings cases.

 Hereunder is a matrix of the extralegal killings cases that Task Force 211 has successfully handled:

 Summary of Accomplishments from Nov. 27, 2007 to December 3, 2009

Cases Activated:

 

1. Cases Previously Archived (Warrant of Arrest was not served) but the accused voluntarily surrendered   

1

 

2. Dismissed cases (filed before the Prosecutor’s Office but was dismissed for lack of evidence or witnesses) but was subsequently re-filed in court

2

Accused was located : The Armed Forces of the Philippines surrendered Roderick dela Cruz to the National Bureau of Investigation today, May 16, 2008. The Armed Forces of the Philippines finally gained custody over the person of Wilfrido Layug Jr. who is facing several charges for the killing of alleged militants/activists in Central Luzon.

2

Accused finally Arrested/Surrendered:

 Nanding Bitinol

 Nilo Morete

 Menandro Biscocho 

3

Cases adjudicated by Courts: (Acquittals)

8

                                                   (Convictions)

3

Cases filed in Court:

 

1. Cold case (case without any evidence or witnesses) that was subsequently filed with the Prosecutor’s Office for preliminary investigation. It is now filed for prosecution at Court Level

1

2. Case previously under police investigation and was subsequently filed with the Prosecutor’s Office for preliminary investigation. It is now filed for prosecution at Court Level

5

3. Cases pending at Prosecutor’s level finally filed for prosecution at Court level

11

Cases Dismissed:

 

1. From cold case (cases without any evidence or witnesses)  it was filed for preliminary investigation  but was eventually dismissed

3

2. Previously under preliminary investigation but was dismissed for insufficiency of evidence

9

3. Formerly undergoing trial but was later on dismissed for lack of witness/es

2

4. Formerly undergoing trial but was later on dismissed for failure to prosecute

2

Total

52

           In addition, TF211 facilitated the prompt action of the PNP on cases pending police investigation, which resulted in either the filing of cases with the prosecutor’s offices or their dismissal for want of sufficient evidence.

 4.   Re-evaluation of “cold” cases

           “Cold” cases are those where there had been no progress in police investigation due to the alleged reluctance of witnesses and/or lack of sufficient evidence. 

Task Force 211’s Operations Group conducted a thorough re-evaluation of these cases and made the necessary recommendations identifying the problems in the said cases. 

5.   Paved the way for the surrender of a local chief executive who is the primary suspect in the killing of a mediaman 

          Task Force 211, through its AFP and PNP components, exerted pressure to effect the arrest of Mayor Alfredo Arcenio (Lezo, Aklan), accused in the killing of his staunch critic, DYIN station manager and commentator, Herson “Bombo Boy” Hinolan.  This resulted in the Mayor’s voluntary surrender on March 5, 2008; he is now detained at the Cebu Provincial Rehabilitation Center.  

For the court trial, TF211 worked out the creation of a panel of DOJ prosecutors to actively handle the case; TF also assists the victim’s family and provides financial assistance for the travel to and from Cebu City of witnesses not covered by the Witness Protection Program. 

TF211 also orchestrated and financed the arrest of Peter Melgar, a vital witness in the murder case, on the strength of a bench warrant issued by RTC Branch 16, Cebu City. Melgar was the first eyewitness to positively identify Aklan Mayor Alfredo Arcenio as the one who gunned down Hinolan on November 13, 2004. However, after reportedly being courted by the accused’s family, he left the WPP and eventually executed an affidavit of recantation.  

6.   Filed charges and caused the issuance of arrest warrants in the Marlene Esperat case

           Marlene Esperat, a columnist of the local newspaper Midland Review, was gunned down inside her house and in front of her minor children on March 24, 2005.

 Task Force 211 revived the case and caused the filing of charges in the proper court (Tacurong City) which led to the issuance of the warrant of arrest against the accused.  

7.   Prof. Phillip Alston’s improved opinion of the RP situation

           UN Special Rapporteur Prof. Philip Alston is a known critic of Philippine government in terms of how human rights and extra-legal killings cases are handled in the country.  However, deeming it best to enlighten Prof. Alston and the world, Task Force 211 Chairman Ricardo Blancaflor wrote letters to Alston informing him of what the Philippine government through Task Force 211 has been doing.  The Chairman brought to Alston’s attention the efforts undertaken to address the issue of extralegal killings in the country, as well as the widespread atrocities committed nationwide by the CPP-NPA, both against civilians and the military.

           The Chairman sent updates to Prof. Alston on these matters on a monthly basis.  These updates of our accomplishments are probably the reason why Alston’s Final Report during the recent United Nations Universal Periodic Review of the human rights situation in the Philippines (held in Geneva, Switzerland) went fair for the government and acknowledged the Philippine government’s efforts and commitment in addressing the issue on extralegal killings.

           The following statement is included in his April 29, 2009 report to the Human Rights Council of the United Nations: 

“According to the Government, the Philippines has seen only one conviction in the period 2007-2008 in cases involving extrajudicial executions. The recent arrest of Private First Class De La Cruz, accused of murdering activist Ricardo Ramos in 2005 is a positive step to the right direction, even though De La Cruz continued to serve in the AFP for two and a half years after the incident. Through the efforts of Task Force 211, the inter-agency task force against political violence created by the President in November 2007, there has also been progress in investigations and charges filed in at least four recent cases involving killings of member of the media. xxx

 xxx While Task Force 211 updates its website monthly, Task Force Usig does not issue public reports and its website is out of date.” (page 8)

8.   Located the whereabouts of PFC dela Cruz, PA, accused in the murder of peasant leader in Hacienda Luisita

           Task Force 211 successfully located and arrested Private First Class Roderick dela Cruz of the Philippine Army, accused in the murder of a labor leader at the Central Azucarera de Tarlac, Tarlac City.  Dela Cruz had been evading arrest for two years.  TF 211’s operations group located him in the headquarters of the Philippine Army in Fort Bonifacio.

9.   Extradition of accused in the Dacer-Corbito double murder case

             In March 2008, the Department of Justice, through the initiative of Task Force 211 Chairman Ricardo R. Blancaflor, formally requested the United States’ DOJ to extradite to the Philippines several accused in the Dacer-Corbito double murder case, to wit: police colonels Michael Ray Aquino, Cezar Mancao and Glenn Dumlao. Cezar Mancao and Glenn Dumlao were extradited to the Philippines on June 4, 2009 and July 26, 2009 respectively, while Aquino is still fighting his extradition.

10.  Gained custody over the person of Wilfrido Layug Jr.  

On September 24, 2009, the Armed Forces of the Philippines gained custody over the person of Wilfrido Layug Jr., who is facing several charges for the killing of alleged militants/activists in Central Luzon. Layug is a Private First Class of the Philippine Army.  

          B.        Provided assistance and gained the trust and confidence of families of victims 

          Task Force 211 believes that one of the most profound effects of our work is that of having gained the trust and confidence of the victims’ families, which was very proven very vital in the eventual identification of not only the culprits, but also of witnesses in the cases.

 These were made manifest, and thus felt by TF211 when Mrs. Lily Ramos, wife of victim Ricardo Ramos, told the media that her family is very grateful to Task Force 211 for the attention it has been giving to her husband’s case, which they thought in the first place has been dismissed by the courts. It was TF 211 that broke the news to the family that the accused was already in the custody of the law.

           On the other hand, the family of Reagan Ibabao, the minor who was illegally detained and eventually murdered by policemen in Muntinlupa City, is actively cooperating with TF211.  The mother at one point wrote a personal letter to the Task Force Chairman expressing her gratitude, saying she never expected the government to notice her plight, a poor washerwoman.

           Mrs. Gloria Cuesta, widow of Dennis Cuesta, is likewise very thankful for all the assistance that Task Force 211 has been extending to her and for the attention given to her husband’s case. In the same manner, the family of the late Arecio Padrigao extends their gratitude for all the support that Task Force 211 has been giving them, including the scholarships of her children.

             C.        Partnership with NGOs, media groups and law schools

           Task Force 211 believes in a whole-society approach in addressing the problem of political violence and extra-legal killings (ELK), which is why it endeavors to promote unity and cooperation among civil society groups, media, academe and non-government organizations to effectively beat the problem of ELK.

            In this connection, TF 211 engaged the following organizations and law schools to help in the monitoring of cases, namely: 

(1)      Lyceum of the Philippines University College of Law, Makati City;

(2)      Angeles University Foundation School of Law, Angeles City, Pampanga; and,

(3)      National Press Club, Manila.

             D.        Collation and organization of all listings of cases and incidents into a national matrix

Task Force 211 collates and organizes all listings of cases and incidents allegedly involving political violence and extralegal killings from all offices, government agencies and courts of justice nationwide, and works for the consequential creation and rationalization of a national database of such cases.  This national matrix, which is posted on and can be accessed from the Task Force’s website (http://www.taskforce211.com.ph) is religiously updated on a weekly basis. 

          E.         Getting the word out: Transparency through website, press releases, letters to Alston and concerned organizations, conferences, and public discussions 

TF 211 realized from the very start that a big part of the challenge in addressing the issue of political violence is that of credibility. The task force addressed by its TRANSPARENCY of activities, especially of the supposed ELK cases in the country. Hence, all details, related issues and updates on the reported cases of extra legal killings are made available to the public, stakeholders and the members of the diplomatic community not only through its web site, but also via press releases, conferences, and other avenues of public discussion. 

Through the website, the progress, or lack thereof, are available to the whole world. The public is continuously encouraged to call TF211’s attention in case of inaccuracies of information on the website.

F.         TF211 sponsored a seminar-workshop on security for Northern Mindanao Media

Task Force 211 sponsored a seminar-workshop on personal security for members of the tri-media in Northern Mindanao. The event was held at the VIP Hotel in Cagayan de Oro City on June 19, 2009. Justice Undersecretary Ricardo Blancaflor, TF 211 Chairman, welcomed the guests and participants to the seminar-workshop. Resource persons for the seminar on media ethics and personal security were Atty. Reggie Jularbal, general counsel of the Kapisanan ng mga Brodkasters ng Pilipinas or KBP and Col. Andy Gauran, an expert of VIP security.

Also present at the event were KBP President Herman Basbano, FFFJ Chairman Jose Pavia, and NUJP Vice-Chairperson Nonoy Espina. More or less a hundred of tri-media practitioners in and around Cagayan de Oro City participated in the said event. The seminar was capped by a workshop where participants decided and designed a media action center in CDO to serve as a quick-response and monitoring center. The participants also pledged on the following as their contribution to the call to stop media killings in the country.

 

 

 


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