Human Rights Online Philippines

URGENT APPEAL
December 11, 2017

(PHILIPPINES) Enforced Disappearance of Phillip Bacudo, 19 years old in General Santos City, Mindanao, Philippines.
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Dear friends,

Task Force Detainees of the Philippines (TFDP) writes to inform you about the enforced disappearance of Phillip Espiritu Bacudo, 19 years old, in General Santos City, Mindanao, Philippines.

If you wish to make any inquiries please contact the Research, Documentation and Information Program of TFDP, kindly send email to tfdp.1974@gmail.com or call +632 4378054.
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Title: Bacudo DIS
Case: Enforced Disappearance
Victim: Phillip Espiritu Bacudo, 19 years old
Date of Incident: November 10, 2017; 2:00 A.M.
Place of Incident: Near Velox Energy Gasoline Station, Mabuhay Road, Barangay City Heights, General Santos City
Alleged Perpetrators: Unknown masked man in motorcycle and members of the Philippine National Police of Police Station 4, General Santos City  Motive: suspected petty criminal
Rights Violated: Freedom of movement; Right to safety and security of person; Right not to be disappeared; Right to life
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Account of the incident:

On November 10, 2017 around 2:00 a.m., Phillip Espiritu Bacudo, 19 years old was forcibly arrested by an unknown motorcycle-riding masked man and members of the Philippine National Police (PNP).

According to Ian Jay Donayre, 17 years old, on November 9, around 10:00 p.m., he and his companions Phillip Imperial, 17, and Jhun Kenneth Lorenzo, together with Bacudo, decided to go for a drink at Fastlane Bar located near Bulaong Terminal, Barangay North. At about 1:00 a.m., they decided to go home in a blue tricycle that Lorenzo drove. When they reached the national highway near Jollibee, they encountered a motorcycle-riding man who hissed and pointed his finger at them. Donayre and his friends were alarmed when the man made a U-turn and chased them. The man pulled out a gun from his side and fired a warning shot. Because of fright, Donayre and his friends dropped from their seats. Lorenzo revved up the motorcycle. Imperial looked back and saw the motorcycle-riding man followed by a police patrol car with blinking colored lights. The motorcycle and the patrol car chased after them.

Lorenzo decided to turn to Mabuhay road and saw a dark alley near Velox Energy Gasoline Station. The tricycle rammed the rope of the gasoline station and went straight to the dark alley. Donayre decided to jump out of the motorcycle and landed on a grassy area. He hid and saw the motorcycle and the patrol car follow the tricycle to the interior of the dark alley. Donayre decided to leave after the two vehicles passed by. He went home aboard a hired motorcycle. Imperial, who also jumped off the motorcycle ran towards a place where there were houses. He then went home leaving his pair of slippers behind.

Dominador Parayag Pulido, Jr., 29 years old, a security guard of Velox Energy Gasoline Station, was on duty when he noticed a blue tricycle in full speed pass by the gasoline station. He saw the tricycle ram the rope of the cordoned gasoline station then proceeded to the interior road leading to the back portion of the gasoline station. The tricycle was chased by a black XRM motorcycle driven by a person wearing a bonnet, bull cap and jacket. A police patrol car also followed the two vehicles. Minutes after, Pulido bumped into Donayre who was running from the interior road. After a while, Pulido saw the police patrol car pulling the blue tricycle with a rope. The tricycle was driven by a policeman in blue uniform. The man aboard the XRM motorcycle also came out from the interior road and parked his motorcycle beside the gasoline station. The rider alighted from his motorcycle and went to the back portion of the gasoline station. Later, he emerged holding a crying young man. The man approached Pulido and told him to hold the young man while he gets his motorcycle. Pulido agreed and the man left. Pulido asked the young man where he was from. The young man replied that he is a resident of Barangay Calumpang, General Santos City.

The rider then returned with his motorcycle. He tied the hands of the young man with a belt. The young man was made to sit in front of the motorcycle while the rider maneuvered it and followed the police patrol car which was pulling the blue motorcycle.

Bernard Capote Bacudo and Susana Espiritu Bacudo noticed that their son, Phillip was not able to come home in the evening of November 9. They thought that their son slept at his work place since he was just hired as a welder at the GPH Company.

At the early morning of November 11, Bernard decided to look for his son. He went to the house of Lorenzo and was able to talk with his mother. She told him that they have a big problem since the motorcycle of Lorenzo’s brother-in-law is in the custody of the police. Bernard did not pay much attention to her story since he was more focused on finding his son.

Lorenzo later faced Bernard and told him what happened at the dawn of November 10. After learning what happened, Bernard returned home and told his wife about it. The Bacudo couple went to the houses of Donayre and Imperial. The two confirmed Lorenzo’s story. They said that they did not know that Phillip was not able to go home.

The Bacudo couple, together with Lorenzo and his mother, Donayre, and Imperial went to place where the incident happened. Bernard was able to talk to one of the residents in the area. The man told him that he saw the police chasing the tricycle and there was one man who was arrested. They then concluded that it was Phillip. Lorenzo told them that the tricycle that he was driving during the incident is at the police compound of police station 4. The group decided to go to the police station.

When they arrived at the police station, they saw the tricycle parked in the compound. Bernard talked to the Assistant Station Commander of Police Station 4, Police Senior Inspector (PSI) Lemuel Enrijo. Bernard asked the police where his son was. Enrijo replied that he did know Phillip’s whereabouts. Enrijo turned to Donayre, Imperial and Lorenzo and told them to answer Bernard’s question as they were with him that day. He even added that Phillip and his friends might have had plans to steal that time because the plate number of the tricycle they used was covered with mud and there was a bamboo stick inside the tricycle that may be used as a ladder. Enrijo also said that the tricycle was abandoned when they recovered it and they just brought it to the police station compound for custody. Bernard was told to blotter the disappearance of his son at Police Station 5 for they are residents of Barangay Calumpang. He was also instructed to name Donayre, Imperial, and Lorenzo as the persons responsible for the disappearance of Phillip for they were his companions when the incident happened.

One of the police at Police Station 4 forced Donayre to admit his crime of stealing. He was accused of being the leader of the group notorious in the city for stealing. Donayre denied the allegation. The police told him not to answer back or else, he will be knocked on the head.

According to Donayre, the reason why the plate number was covered with mud was because the tricycle went out of balance and fell to the muddy area. He further explained that the bamboo inside the tricycle came from a side street near plaza heneral. He pulled it to be used to defend themselves from unidentified men who were throwing stones at them. They were able to escape before the unidentified men reached them.

Bernard went to Police Station 5 to report his son’s disappearance. He said he did not implicate Donayre, Imperial, and Lorenzo, but only mentioned that they were the companions of his son before he disappeared.

The group then went back to Velox Energy Gasoline Station to inquire further about the incident. Bernard learned from the gasoline pump girl that the security guard on duty that time was Jack Jack and he witnessed the incident. The group waited for him until 6:00 p.m. Dominador Parayag Pulido, Jr., a.k.a. Jack Jack, recounted to them the incident. He also told them that he was sure that the incident was recorded in the gasoline station’s CCTV camera for he saw it blinking during the time of the incident.

Bernard convinced Pulido to come with him to the media and tell the story of his son’s disappearance. After they talked, Bernard and his companions went to Brigada TV, to a radio station, and ABS-CBN to ask for help, but they were not entertained for they were already closed and the media men already went home. Bernard went back to Velox Energy Gasoline Station and urged Pulido to help him find his son.

At around 8:00 p.m., someone called Bernard on his phone and told him to go and look for his son at Compact Police Station. The police station was located at Mabuhay Diversion Road. When the group went there, they were not able to find Phillip. The Bacudo couple then decided to go to Camp Fermin Lira, the General Santos City Police Office, to look for their son, but they did not find him.

While at Camp Fermin Lira, the policemen advised the couple to go to Police Station 4 to get the names of the desk officer and the police officers who were on patrol duty during the time that their son disappeared.

The couple then went to Police Station 4 and were able to get the names of the officers on duty. They were identified as PO2 Tribunalo and PO2 Alpad.

The following day, Bernard went to Bombo Radyo to ask for help. He was told that they do not have a lawyer who can help him. Instead, he was advised to go to the Public Attorney’s Office (PAO).

Bernard also went to the ABS-CBN TV station. He was instructed to get the extract blotter of the incident so that his case will be entertained by the news reporter. Bernard went to Police Station 4, but the investigator was not around at that time. He decided to go to Police Station 5 to get the extract of the blotter.

Upon arrival, the investigator told him to bring Donayre, Imperial and Lorenzo for investigation. Bernard went to the houses of the three, but they were not around. He went back to the police station and told the investigator to interview Pulido who witnessed what happened to Phillip.

The police investigator, together with three other police officers and Bernard went to Pulido’s house at Saeg, Barangay Calumpang. Pulido narrated to them what he saw.

The police investigator of Police Station 5 who interviewed Pulido went to Police Station 4 for the blotter. Bernard said that they later found out that there was a different narrative of the story in the police blotter than what actually happened.

On Monday, November 13, Bernard brought to the ABS-CBN station the extract blotter that he got from Police Station 5. He met one of the news reporters and he was advised to meet with Ben Sumog-oy of iDefend General Santos.

Bernard, together with Sumog-oy and the ABS-CBN news crew went to Police Station 4. They were met by PSI Enrijo. He blocked the camera man and told the news crew that they were not allowed to take any footage. Sumog-oy asked Enrijo about the whereabouts of Phillip and how the investigation of his case was being conducted. Enrijo replied that he did not know about Phillip, and if they want, they can file a complaint against them.

Bernard said that he also received information that the CCTV camera records of Velox Energy Gasoline Station was retrieved by the police in the early morning of November 10.

He also recalled that on the night of November 10, there was a black van parked outside the internet shop where Phillip and his friends were regular customers. When the van arrived, there were men who alighted and opened wide the van’s door. The back door was also opened. Bernard believed that his son was inside the vehicle and may have been asked if Donayre, Imperial and Lorenzo were at the internet shop. The three were not around that time.

Bernard further said that after the incident, he noticed that there were two motorcycles with unidentified riders who kept on roving around their place. Donayre and Imperial also noticed this and felt scared.

Through the help of Sumog-oy and iDefend Gensan, Bernard and his family were able to file a petition for Writ of Amparo with Interim Relief of Temporary Protection which was filed by Atty. Mary Ann Arnado last November 20. On November 21, the Writ of Amparo was approved by Judge Lorna Santiago-Avila of RTC Branch 36 in General Santos City.

To date, Bernard and his family have been provided with four policemen to guard them. Bernard said that he also wanted the court to grant protection order for the witnesses of his son’s case. He said that as of this time, Donayre and Imperial are in his custody for their safety. Both parents of the young men support them in seeking justice for Phillip. Lorenzo, on the other hand, refused to cooperate. Pulido has stopped working at the gasoline station. Bernard currently supports him and his family in their daily needs.

Phillip remains missing.

REQUESTED ACTION:

PLEASE SEND LETTERS TO CONCERNED GOVERNMENT AGENCIES TO IMMEDIATELY SURFACE PHILLIP ESPIRITU BACUDO AND BRING TO JUSTICE THE PERPETRATORS OF HIS ENFORCED DISAPPEARANCE, AND ENSURE AND GUARANTEE THE SAFETY AND SECURITY OF HIS FAMILY AND THE WITNESSES TO THE INCIDENT.

Thank you.

Task Force Detainees of the Philippines

SAMPLE LETTER:

Dear _________________,

Greetings.

This is to express my grave concern regarding the enforced disappearance of Phillip Espiritu Bacudo, 19 years old in General Santos City, Mindanao, Philippines
On November 10, 2017, around 2:00 a.m., Bacudo was riding in a blue tricycle with three companions along the national highway. They were on their way home from a drinking session at one of the bars near Bulaong terminal.
I have learned that while they were traversing the national highway near Jollibee, they encountered a rider who was pointing his finger and hissing at them. The said rider then made a U-turn and chased them. He also pulled out a gun and fired a warning shot at the group in the tricycle.
The victim and his companions were chased by the unidentified motorcycle rider, who was being followed by a police patrol car until they reached a dark alley beside Velox Energy Gasoline Station at Mabuhay Road.
While the victim’s companions were able to escape, Bacudo was accosted by the motorcycle rider who was wearing a face mask, bull cap, and jacket. Bacudo’s hands were tied and was made to ride the motorcycle with the unidentified man. The motorcycle was followed by the police patrol car, who in turn, was pulling the tricycle where Bacudo’s group rode in.
I express grave concern that after the incident, Bacudo has not been found. His family and companions looked for him in police stations, including the police compound in Camp Fermin Lira, and detention cells, but they were not able to locate him.

Therefore I recommend:

1. That the police immediately surface Phillip Espiritu Bacudo and release him from detention;
2. That government agencies, particularly the Philippine National Police (PNP) and the Department of Justice (DOJ), conduct an impartial investigation on the case of Bacudo;
3. That the perpetrators of Bacudo’s disappearance be held accountable;
4. That the safety and security of Bacudo’s family, friends, and witnesses to the incident are ensured and guaranteed.

Thank you.

Respectfully yours,
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PLEASE SEND LETTERS TO:

1.His Excellency Rodrigo Roa Duterte
President, Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel,
Manila, Philippines
Tel: +63 2 736 8645, +63 2 736 8603, +63 2 736 8606, +63 2 736 8629
Fax: +63 2 736 8621
Email: pace_op@malacanang.gov.ph

2.Gen. Ronald M. Dela Rosa
Police Director General
National Headquarters, Camp Crame,
Quezon City, Philippines
Tel/Fax: +63 2 726 4361; +63 2 899 7504
Website: http://www.pnp.gov.ph/gallery

3.Hon. Jose Luis Martin Gascon
Chairperson, Commission on Human Rights (CHR)
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City, Philippines
Tel: +63 2 928 5655, +63 2 926 6188
Fax: +63 2 929 0102
Email Address: chairgascon.chr@gmail.com

4.Sec. Vitaliano N. Aguirre II
Secretary, Department of Justice (DOJ)
Padre Faura Street, Ermita,
Manila, Philippines
Tel: +63 2 521 1908, +63 2 526 5462
Fax: +63 2 523 9548
Email Address: vnaguirre@doj.gov.ph

 

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