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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
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Cases Activated: |
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1. Cases Previously Archived
(Warrant of Arrest was not served) but the
accused voluntarily surrendered
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1
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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
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2 |
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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 |
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Accused finally
Arrested/Surrendered:
Nanding
Bitinol
Nilo Morete
Menandro Biscocho |
3 |
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Cases adjudicated by Courts:
(Acquittals) |
8 |
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(Convictions) |
3 |
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Cases filed in Court: |
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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 |
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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 |
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3. Cases pending at Prosecutor’s
level finally filed for prosecution at Court
level |
11 |
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Cases Dismissed: |
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1. From cold case (cases without
any evidence or witnesses) it was filed for
preliminary investigation but was eventually
dismissed |
3 |
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2. Previously under preliminary
investigation but was dismissed for
insufficiency of evidence |
9 |
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3. Formerly undergoing trial but
was later on dismissed for lack of witness/es |
2 |
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4. Formerly undergoing trial but
was later on dismissed for failure to prosecute |
2 |
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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
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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.
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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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