Tag Archives: Arrest

[Statement] We condemn the arrest of Cebuano Film-writer and Business owner Bambi Beltran! -MAT

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MOVEMENT AGAINST TYRANNY CEBU’S STATEMENT ON THE ILLEGAL ARREST OF MISS BAMBI BELTRAN
April 19, 2020

We condemn the arrest of Cebuano Film-writer and Business owner Bambi Beltran!

As of 12:30 today, April 19, Ms. Maria Victoria Beltran better known by many as Ms. Bambi was arrested and currently detained at the Police Regional Office (PRO) 7 for supposedly violating the provision of the Bayanihan to Heal as One-Act. There are still no charges filed against her.

The supposed violation was based on Ms. Beltran’s Facebook post about the situation of Sitio Zapatera in Brgy. Luz which was labeled by Cebu City Mayor Edgardo Labella as “Fake News”. The Bayanihan act has a provision that prohibits the spread of false information pertaining to the CoVid-19 situation.

The Movement Against Tyranny Cebu denounces the action of the Cebu City government and the Philippine National Police as a misguided approach in addressing the problems posed by the pandemic.

Beltran’s post was in response to the vague proclamations made by the Cebu City Government and the DOH stating that the entire sitio is considered to be contaminated and infected. Without any categorical explanation about what it meant and no further discussion on the implications and further plans, such proclamation is subject to various take by the public. The City Government and the DOH failed to provide the public with clear and reliable information. It only posed fear upon the Cebuano citizens most especially those who are in Brgy. Luz.

Miss Beltran’s post was also satirical of such vague information shared by these responsible government offices and was not presented as a news claim. Instead of persecuting Miss Beltran and those who “mistook” the DOH’s and City Government’s statements, it could have been an opportunity for your accountable office to clarify the matter. While a lot of Cebuanos, Especially the residents of Sitio Zapatera, are in worsening socio-economic conditions and the constant threat of the pandemic, all efforts of the national and local government must be in improving its medical capacity and social amelioration.

The movement also denounces the use of this “Anti- Fake news” provision of the Bayanihan Act by the National and Local Government to persecute common citizens and critiques while they turn a blind eye on Government institutions and personalities peddling false information about the pandemic such as the PTV news and Teddy Boy Locsin.

This brand of leadership is not what we need right now. What we need is an efficient government willing and able to address the medical and socio-economic needs of its constituents, not a leviathan very eager to maintain its posture to the extent of persecuting ordinary citizens.

With this, we reiterate the call for the release of Ms. Beltran and call upon the Cebu City Government to be less reactive on the situation and redirect all its resources and energy to trace, contain, and treat the virus to end this Pandemic.

#FreeBambi
#EndStateRespression
#TransparencyNotTyranny
#SolusyongMedikalHindiMilitar

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[In the news] Valle’s camp to file charges against PNP-CIDG -INQUIRER.net

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The camp of veteran community journalist Margarita Valle is seeking to file arbitrary detention charges against the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) following her arrest that police claimed a mistaken identity.

“We are definitely looking at the possibility of filing arbitrary detention charges laban dito sa PNP-CIDG,” Valle’s legal counsel Atty. Kathy Panguban of the National Union of Peoples’ Lawyers (NUPL) said Wednesday in a press briefing.

Panguban said they are committed to fight for the case of Valle, who was wrongfully arrested Sunday, June 9.

“Lahat ng elemento ng krimen na ‘to ay present doon sa naging karanasan. Kaya definitely hindi natin bibitawan ang laban na ito sa loob at labas ng korte,” Panguban said.

Click the link to read more:

Valle’s camp to file charges against PNP-CIDG

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[Statement] DAKILA condemns the arrest of Rappler’s CEO and executive director Maria Ressa

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We at DAKILA ardently condemn the arrest of Rappler’s CEO and executive director Maria Ressa that the NBI agents enacted earlier today.

From the tax evasion filed against her to being arrested today for cyber libel, this administration has once again exhibited its fear on strong, powerful women, its aversion to critical individuals who question the government, and its obvious affronts against our truth-bearers — the media.

Ressa’s arrest was all too malicious — carried out at a time when the courts were already closed, during the time when Rappler emboldened its campaign drive against fake news in preparation for the election period. Moreover, Ressa’s supposed cyber libel violation was over an article published on their site in May 2012 — four months before the Cybercrime Law was enacted.

The circumstances by which the politically-motivated arrest was enacted just go to show that this administration will exhaust all means to put Ressa behind bars to silence her. It shows how this administration brazenly bends and stretches the law to intimidate, persecute, harass, and attack all critical members of the press and independent media outfits, dissenters, and anyone whom this administration deems as threat.

This aggression is no longer about Ressa and Rappler. This is an attack to the entire watchdogs of our society and to the public’s paramout right to truth and information. Ultimately, when our government gets to attack the fourth estate, we are letting them attack the very foundation of our democracy.

In this crucial of times when the government capitalizes on blatant lies to silence its targets, now more than ever do we need our heralds of truth — the bona fide media.

Let us continue to #DefendPressFreedom. Let us defend it at all cost.

#StandWithRappler #StandWithMariaRessa #StandWithPhilippinePress

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[Urgent Alert] Philippines: A Lawyer and Human Rights Defender was Arrested During Forced Eviction of Residents in Mandaue City, Cebu Province -TFDP

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(Urgent Alert) Philippines: A Lawyer and Human Rights Defender was Arrested During Forced Eviction of Residents in Mandaue City, Cebu Province

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Atty. Jose Aaron Pedrosa, Jr., 29, a Board Member of the human rights organization Task Force Detainees of the Philippines (TFDP) and leader of the multi-sectoral organization SANLAKAS, was arrested in Sitio Mahayag, Barangay Subang Daku, Mandaue City on November 25, 2014 at around 1:45pm. He was arrested by more or less twenty (20) police officers headed by a certain Miguel Andiza while pleading to the police to stop harassing the residents over yet another case of forced eviction against them. According to Pedrosa, the police attempted to drag the residents, most of whom were women, into the Bureau of Jail Management and Penology (BJMP) vehicle. Atty. Pedrosa was brought to Police Station 2, Mandaue and charged with Obstruction of Justice.

TFDP logo small

Aside from Atty. Pedrosa, a community leader named Jessica A. Zuniga, 22 years old, was also arrested.

We now urge government authorities for the immediate release of Atty. Jose Aaron Pedrosa and Jessica A. Zuniga, since the main reason for their arbitrary detention is to suppress their activities in defense of human rights. Guarantee in all circumstances the physical and psychological integrity of both Atty. Pedrosa, and Ms. Zuniga, as well as of all human rights defenders in the Philippines. And, put an end to all acts of harassment, including at the judicial level, against Atty. Aaron Pedrosa, Ms. Zuniga and all human rights defenders to ensure in all circumstances that they are able to carry out their work without any hindrance and fear of reprisals.

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[Urgent Appeal] Labor leader Arrested and Detained -TFDP

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URGENT APPEAL: Labor leader Arrested and Detained

Dear friends,

The Task Force Detainees of the Philippines (TFDP) writes to inform you about the arrest of Antonio T. Cuizon, president of the Panaghiusa sa Mamumuo sa Carmen Copper (PMCC), an organized union of Carmen Copper Incorporated since 1985.

TFDP logo small

CASE DETAILS:

The Panaghiusa sa Mamumuo sa Carmen Copper (PMCC) president was arrested by members of the Criminal Investigation and Detection Group (CIDG) on October 26, 2014 at around 7:00 a.m. in Terrasa II, Camella Subdivision, Imus, Cavite. The victim was identified as Antonio Triambolo Cuizon, 58 years old, married, and a labor union president.

On the day of the incident, Cuizon was driving his Nissan Urvan vehicle. He and his wife Nanita and cousin Virgilio Restauro were about to go to the market to buy food. After passing the gate of their subdivision, ten (10) CIDG members in civilian clothes and full battle gear stopped them.

According to Cuizon, the CIDG team pointed their guns at them. A certain Bundal, the operation head, approached him and asked if he is Antonio Triambolo Cuizon. Bundal showed him the warrant and said, “We were looking for you since last week.” Immediately, he was handcuffed. He was transferred to a black Toyota with five unidentified CIDG men, including the driver.

They arrived at the CIDG Provincial Office in Imus at around 7:30 a.m. According to Cuizon, his blood pressure shot up to 200/100 which forced the CIDG personnel to bring him to Medical Center of Imus (MCI). After three hours, he was brought back to the CIDG detention center where he stayed for two days.

On October 28, 2014 at around 3:00 a.m., he was made to board the CIDG mobile car and was brought to Ninoy Aquino International Airport (NAIA) with two unidentified CIDG personnel as escorts. They arrived at the NAIA at around 5:00 a.m. At 5:30 a.m., he was boarded in the Cebu Pacific flight 5J585 bound for Cebu.

At around 6:40 a.m., they arrived at Mactan International Airport, Mactan, Cebu City. He was made to ride a CIDG mobile patrol car and was brought to the CIDG Office inside Camp Sotero Cabahug, Gorordo Avenue, Cebu City.

According to Cuizon, at around 11:00 a.m., Col. Posadas interrogated him and told him to locate the union treasurer since they had the same case.

At around 2:00 p.m., he was again boarded to a police mobile patrol car and brought to Toledo City. They arrived at around 4:00 p.m. at the Toledo City Regional Trial Court (RTC) Branch 29 for his commitment order. He was then brought to Toledo City Jail in Sitio Kabutongan, Barangay Landahan, Toledo City, where he is currently detained. He is being charged with illegal possession of firearms and explosives.

CASE BACKGROUND:

On March 22, 2013 at around 12:30 a.m., Cuizon’s house and PMCC union office was raided by members of the Philippine National Police (PNP).

According to Mark Anthony, Cuizon’s son, he was awakened on that day with their helper’s knocks on his door. When he went out of his room, he saw three unidentified police officers who were inside their house and 12 others who were outside.

A certain George Ilanan, team leader, approached him and showed a search warrant. Mark Anthony immediately called their lawyer, Atty. Milagros Piol. At around 1:00 a.m., Atty. Piol arrived and the police went on to search the house.

According to Mark Anthony, he accompanied the police officer in searching the house. They searched the office of his father, the cooperative office, and the union office where a .45 caliber gun and grenade were allegedly found.

Mark Anthony said that one of the policemen directly went inside the union office and immediately went to a corner where he allegedly found the gun and the grenade. Mark Anthony talked to the police officer and asked why he did not coordinate with his companion who will also conduct a search in the said area. Mark said that the evidences found were planted.

According to the elder Cuizon, his arrest came after the decertification of PMCC as the sole and exclusive bargaining union at the mine, and the formation of a management-backed yellow union called Carmen Copper Workers Labor Organization (CCWLO).

On October 10, 2014, the management conducted an election to determine which of the two unions will remain at the Carmen Copper, Inc. The PMCC union lost in the election.

REQUESTED ACTION:

PLEASE SEND LETTERS TO THE CONCERNED GOVERNMENT AGENCIES TO ENSURE AND GUARANTEE THE SAFETY AND SECURITY OF THE VICTIM INSIDE TOLEDO CITY JAIL, TOLEDO CITY.

Thank you.
Ramiel C. Aballe
Task Force Detainees of the Philippines
SAMPLE LETTER:

Dear ________________,

Greetings!

This is to express my grave concern regarding the arrest of Antonio T. Cuizon who is currently detained at Toledo City Jail.

I have learned that on October 26, 2014 at around 7:00 in the morning, Cuizon, union labor president of Panaghiusa sa Mamumuo sa Carmen Copper (PMCC) was arrested by members of the Criminal Investigation and Detection Group (CIDG) in Terrasa II, Camella Subdivision, Imus, Cavite. He was presented with a warrant of arrest for illegal possession of firearms and explosives.

I came to know that on March 22, 2013 at around 12:30 a.m., Cuizon’s house and PMCC union office was raided by 15 members of the Philippine National Police (PNP). A .45 pistol and a grenade were allegedly found in the union office.

According to the Cuizon, his arrest came after the decertification of PMCC as the sole and exclusive bargaining union at the mine, and the formation of a management-backed yellow union called Carmen Copper Workers Labor Organization (CCWLO).

On October 10, 2014, the management conducted an election to determine which of the two unions will remain at the Carmen Copper, Inc. The PMCC union lost in the election.

I am writing to ask for immediate action in favor of the victim:

1. The immediate release of the victim, only two years away from becoming a senior citizen and suffering from severe hypertension, diabetes and arthritis.

2. The reinvestigation of the police raids which were in violation of existing guidelines on the conduct of police during labor disputes.

I am asking that immediate action be taken in favor of the victim. Thank you.
Respectfully yours,
_______________________

PLEASE SEND LETTERS:

1. His Excellency Benigno Simeon Aquino III
President, Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel, Manila
1005 Philippines
Tel: +6327356201/5641451 to 80
Email: corres@op.gov.ph / opnet@ops.gov.ph

2. Hon. Leila M. De Lima
Secretary, Department of Justice (DOJ)
Padre Faura Street
Ermita, Manila
1000 Philippines
Fax: +63 2 523 9548
Tel: +63 2 521 1908
Email: lmdelima@doj.gov.ph / doj.delima@gmail.com

3. Chairperson Loretta Ann P. Rosales
Commission on Human Rights (CHR)
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quizon City
Philippines
Tel: +63 2 928 5655, +63 2 926 6188
Fax: +63 2 929 0102
Email: Rosales.chr@gmail.com

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[Press Release] Arrest of Cebu labor leader denounced -PM

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Arrest of Cebu labor leader denounced

The Partido ng Manggagawa (PM) today condemned the arrest of the union leader at the Carmen Copper Corp. in Toledo City, Cebu, one of the biggest mines in Asia. Tony Cuizon, president of the Panaghiusa sa Mamumuo sa Carmen Copper (PAMCC-AGLO), was arrested last October 25, 2014 in Cavite on the strength of warrants for illegal possession of firearms and explosives.

pmLogo1

Renato Magtubo, PM national chairperson, called for the release of Cuizon, a PM national council member, as the arrest warrants, criminal cases and police raids were in violation of existing guidelines in the conduct of police during labor disputes.

“Once again the Philippines rivals Colombia as the most dangerous place for unionists with numerous cases of labor leaders killed, injured or harassed. Cuizon’s arrest and incarceration illustrates the double standard of justice in our country. A politician gets the privilege of hospital arrest and a US soldier gets special treatment but a worker, even if ill and elderly, has to endure the bad conditions of a city jail,” Magtubo added.

Dennis Derige, PM-Cebu spokesperson, stated that on Cuizon’s first day at the Toledo jail, the latter had a high blood attack and was only brought to a clinic. “Cuizon is a senior citizen who suffers from severe hypertension, diabetes and arthritis, arguably work-related illnesses borne out of decades working in the copper mines of Toledo,” he insisted.

Derige averred that “The arrest of Ka Tony is part of Carmen Copper management’s continuing effort to bust the genuine union at the mine and leave the workers defenseless in the face of attempts to downgrade wages and benefits, and impose contractualization among mine workers. The police and the courts are being used as instruments of capitalists.”

PM insists that the warrants were flawed since they were the product of illegal raids conducted in March 2013 on the PAMCC office, and the houses of Cuizon and the union treasurer. The union avers that the firearms and a grenade allegedly found in the raid at the PAMCC office were planted by the police.

Derige explained that Cuizon’s arrest followed on the heels of the decertification of PAMCC as the sole and exclusive bargaining union at the mine, and the formation of a management-backed yellow union.

Carmen Copper has recently been hit by spate of labor disputes as mine workers resist corporate attacks on working conditions. Last February, PAMCC filed a notice of strike for management’s unfair labor practices and violation of the collective bargaining agreement. Also this year, workers contracted to haul and dispose of Carmen Copper’s mine wastes were derailed in forming a union because of the intervention of the huge manpower contractor Asiapro but the case remains pending at the Labor Department. Unions have condemned Asiapro as an illegal labor-only contractor.

http://partidongmanggagawa2001.blogspot.com/2014/10/arrest-of-cebu-labor-leader-denounced.html?spref=fb

Press Release
October 31, 2014

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[From the web] OHCHR welcomes arrest of Palparan

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OHCHR welcomes arrest of Palparan

BANGKOK (13 August 2014) – We welcome the arrest by the Filipino Army of former maj. general Jovito Palparan, which represents an important step towards addressing impunity for serious human rights abuses in the Philippines.

OHCHR

Palparan was arrested this Tuesday after three years in-hiding. He was indicted in 2011 for ordering the torture, rape, and execution of two Philippines students Sherlyn Cadapan and Karen Empeno in 2006. According to reliable sources, Palparan has also been linked to several human rights abuses, including disappearances, torture and extrajudicial killings of leftist activists from 2001 to 2006.

In early 2007, after his official mission to the Philippines, the UN Special Rapporteur on Summary Executions recommended that “as Commander-in-Chief of the armed forces, the President must take concrete steps to put an end to those aspects of counterinsurgency operations which have led to the targeting and execution of many individuals working with civil society organizations.” We recognise the current efforts of the Aquino administration to follow-up on the recommendations of the Special Rapporteur, and further encourage the Government to take additional steps to strengthen the rule of law and accountability mechanisms.

Ensuring justice in this case will set an important precedent for the Philippines and South East Asia region, where impunity remains an issue of serious concern.

ENDS
The Regional Office for South-East Asia in Bangkok represents the High Commissioner for Human Rights within South East Asia. The High Commissioner for Human Rights is the principal human rights official of the United Nations and heads the Office of the United Nations High Commissioner for Human Rights, which spearheads the United Nations’ human rights efforts .

OHCHR website: http://www.ohchr.org
OHCHR Regional Office for South-East Asia website: http://bangkok.ohchr.org/

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[Urgent Appeal] Four members of a local community organization were arrested and suffered injuries during a forced eviction

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URGENT APPEAL

March 14, 2014

(PHILIPPINES) Four members of a local community organization were arrested and suffered injuries during a forced eviction

ISSUES: Human Rights Defenders; Arbitrary Arrest and Detention; Forced Eviction; Harassment; Physical Injuries; Abuse of Authority
_____________________________________________

Dear friends,

The Task Force Detainees of the Philippines (TFDP) is forwarding to you an appeal regarding the arbitrary arrest of four human rights defenders who also suffered injuries during a forced eviction in Muntinlupa City.

TFDP logo small

If you wish to make any inquiries please contact the Research, Documentation and Information Program of TFDP. Kindly email tfdp.1974@gmail.com or tfdp.urgentappeals@gmail.com or call +632 4378054.
_____________________________________________

Case Title: HRD Muntinlupa
Cases: Arbitrary Arrest and Detention; Forced Eviction; Harassment; Physical Injuries; Abuse of Authority
Name of Victims: Dondito Albasin, Sr., 56; Michael Poticar, 39; Alberto Jojo Llantada, 21; Virgina Barrios,28
Date of Incident: March 12, 2014
Place of Incident: Kilometer 23 West Service Road, Barangay Cupang, Muntinlupa City
Alleged Perpetrators: Police Senior Inspector Jocelyn V. Carino (male); a certain Major Salvadora (female) alleged police intelligence Aguirre
Motive: Obstruction of Justice
______________________________________________

Account of the Incident:

Four members of a local community organization were arrested and suffered injuries during a forced eviction of around 21 families last March 12, 2014, 8:00am, in Muntinlupa City.

Dondito Albasin, Sr., 56; Michael Poticar, 39; Alberto Jojo Llantada, 21; Virgina Barrios,28, were arrested arbitrarily and charged with obstruction of justice by the police.

Before they were arrested at around 8:30am, Albasin the current president of the neighborhood association (affiliated with the national organization of ‘urban-poor’ communities named, Kongreso ng Pagkakaisa ng mga Maralitang taga-Lungsod),   together with other officers and residents of Kilometer 23 West Service Road in Barangay Cupang, were negotiating with the demolition team and the police to postpone the eviction of houses of around 21 from the 125 families living within the 4,500 square meter lot. Albasin asserted that they already talked and discussed the matter with the city officials and representatives of the Presidential Commission for the Urban Poor (PCUP). Albasin claimed that based on agreement, authorities allowed them to have an ample time to prepare for their eventual relocation. In fact according to Albasin, all stakeholders agreed that the demolition will push through on April 7, 2014.

The team headed by Court Sheriff Felix Falcotelo insisted that the demolition should proceed apparently since Judge Restituto V. Mangalindan, Jr. of the Metropolitan Trial Court (MTC) branch 80 previously issued an order for settlers to vacate the premises, and has decided the case in favour of the supposed land owner, a certain Mr. Marcelo Rubio.

While the negotiation still ongoing, several stones and debris were thrown by unidentified persons at the location where the said dialogue was being held. At that very moment, the police around 200 of them including members of the Special Weapons And Tactics (SWAT) which were carrying automatic rifles reacted aggressively which started the violence, according to the residents.

Albasin was grabbed by his shoulders and shirt by police officers and pushed towards the pavement. He was kicked on his legs. Another police hit Albasan using the muzzle of the rifle to his chest and armpit. Llantada on the other hand was punched on his lips and hit using a hard object at the back of the head. Meanwhile, Poticar was pulled and held inside a police patrol car where he was beaten by an intelligence officer, said by witnesses. Barrios (Virginia) while pacifying and calming her parents, was grabbed and pulled by a police. She fainted during the scuffle. The four of them were handcuffed and brought to the Muntinlupa City police station at around 10am.

Several other residents were hurt and also suffered injuries when the police grabbed and pushed them indiscriminately. They were punched, kicked and hit with truncheons. They are: Marvin Sua, Regie Focbit, Robert Villanueva, Jayfe Celeste, Bryan Asmolo, Roger L. Barrios, Buboy De Lima, Limney Barrios, Dondino Albasin, Joan Liantada, Ailene Brovo, and Thelma Brovo.

The video camera owned by Clarissa Lanohan being used to document the incident was confiscated by the police without any reason and has not been returned.

According to the victims, most of the police had no name tags for their identification. They only identified a few including female officer named Major Salvadora, (who apparently was the field commander at that time), Aguirre (known as a police intelligence agent who pointed a gun at Roger L. Barrios) and Police Senior Inspector Jocelyn V. Carino (male).

With their hammers, crow bars and mallets, the demolition crew eventually started the tearing down of shanties but exceeded to other houses installed not covered with the supposed court order.

Upon Intervention

At the Police station, Albasin, Poticar, Llantada and Barrios were first brought to the intelligence section office, but were later on transferred to the investigation unit. According to them, they were not given food nor allowed to buy for themselves. Until, the staff of Task Force Detainees of the Philippines (TFDP) came at 3:30pm and bought them food for their late lunch.

The TFDP staff requested several police officers including Police Senior Inspector Carino to remove the handcuffs of Albasin, Poticar, Llantada and Barrios, for them to properly and easily eat their meal. TFDP staff insisted that the four are not criminals and guaranteed that they will not escape from the police station if their handcuffs were removed.   However, all of them ignored and refused. Instead, Police Senior Inspector Carino scolded and instructed Albasin, Poticar, Llantada and Barrios to use their “free hand”. The police only removed their handcuffs around 10:00pm. Small abrasion markings were seen due to tight handcuffs made.

Early on, the TFDP staff pleaded for the provisional release of Albasin, Poticar, Llantada and Barrios since there were no complainants and their case has not been recorded yet.  The police denied the request. They maintained that arresting officers will be back soon to formally file the charges against the four.

TFDP staff reminded the duty officers that based on Article 125 of the Revised Penal Code, arrested person(s) shall be presented for some legal ground to the proper judicial authorities within the periods of twelve (12) hours. TFDP staff added that penalties shall be imposed upon police officer who will fail to do so. But again they ignored.

Their case was only booked past 10:00pm. Later on they were brought inside a detention cell.

The inquest only proceeded the following day March 13, 2014 and a case of obstruction of justice is filed against the four.

SUGGESTED ACTION:
Please write a letter to the following authorities, calling on them to initiate inquiries into these cases particularly the forced eviction of families, arbitrary arrest of Dondito Albasin, Sr., Michael Poticar, Alberto Jojo Llantada, Virgina Barrios, and the flagrant abused of authority by the police.

SAMPLE LETTER

I am writing to draw your attention to the forced eviction of families located at Kilometer 23 West Service Road Muntinlupa City, the arbitrary arrest of human rights defenders namely: 1) Dondito Albasin, Sr., 2) Michael Poticar, 3) Alberto Jojo Llantada, 4) Virgina Barrios, the injuand the flagrant abused of authority by the police in the conduct of their duty.

According to the report I have received at around 8:30am, Albasin the current president of the neighborhood association together with other officers and residents were negotiating with the demolition team and the police to postpone the eviction of houses of around 21 from the 125 families living within the 4,500 square meter lot located at Kilometer 23 West Service Road in Barangay Cupang, Muntinlupa City. Albasin asserted that they already talked and discussed the matter with the city officials and representatives of the Presidential Commission for the Urban Poor (PCUP). Albasin claimed that based on agreement, authorities allowed them to have an ample time to prepare for their eventual relocation. In fact according to Albasin, all stakeholders agreed that the demolition will push through on April 7, 2014.

But the team headed by Court Sheriff Felix Falcotelo insisted that the demolition should proceed apparently since Judge Restituto V. Mangalindan, Jr. of the Metropolitan Trial Court (MTC) branch 80 previously issued an order for settlers to vacate the premises, and has decided the case in favour of the supposed land owner, a certain Mr. Marcelo Rubio.

While the negotiation was still ongoing, several stones and debris were thrown by unidentified persons at the location where the said dialogue was being held. At that very moment, the police around 200 of them including members of the Special Weapons And Tactics (SWAT) which were carrying automatic rifles reacted aggressively which started the violence, according to the residents.

Albasin was grabbed by his shoulders and shirt by police officers and pushed towards the pavement. He was kicked on his legs. Another police hit Albasan, using the muzzle of the rifle, on his chest and armpit. Llantada on the other hand was punched on his lips and hit using a hard object at the back of the head. Meanwhile, Poticar was pulled and held inside a police patrol car where he was beaten by an intelligence officer, said witnesses. Barrios (Virginia) while pacifying and calming her parents, was grabbed and pulled by a police. She fainted during the scuffle. The four of them were handcuffed and brought to the Muntinlupa City police station at around 10am.

Several other residents were hurt and also suffered injuries when the police grabbed and pushed them indiscriminately. They were punched, kicked and hit with truncheons. They are: Marvin Sua, Regie Focbit, Robert Villanueva, Jayfe Celeste, Bryan Asmolo, Roger L. Barrios, Buboy De Lima, Limney Barrios, Dondino Albasin, Joan Liantada, Ailene Brovo, and Thelma Brovo.

I have also learned that on the first day that they were detained Albasin, Poticar, Llantada and Barrios were not offered food and water, nor allowed to buy for themselves until the staff of Task Force Detainees of the Philippines (TFDP) came at 3:30pm and bought them food for their late lunch.

The TFDP staff requested several police officers including Police Senior Inspector Carino to remove the handcuffs of Albasin, Poticar, Llantada and Barrios, for them to properly and easily eat their meal. However, all of them ignored and refused. Instead, Police Senior Inspector Carino scolded and instructed Albasin, Poticar, Llantada and Barrios to use their “free hand”.

It was also brought to TFDP staff attention that the police only removed their handcuffs around 10:00pm. Small abrasion markings are seen due to tight handcuffs made.

Furthermore, TFDP staff reminded the duty officers that based on Article 125 of the Revised Penal Code, arrested person(s) shall be presented for some legal ground to the proper judicial authorities within the period of twelve (12) hours. TFDP staff added that penalties shall be imposed upon police officer who will fail to do so. But again they ignored.

Their case was only booked and recorded past 10:00pm. Later on they were brought inside detention cell. The inquest only proceeded the following day March 13, 2014 and a case of obstruction of justice is filed against the four.

We now urge you to call upon competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into these events, and ensure that adequate, effective and prompt action and reparation, is granted to the victims.

Concerned authorities must be reminded that they should strictly observe the Urban Development and Housing Act or UDHA (Republic Act 7279) that lays down the mandatory requirements for the valid execution of eviction and demolition orders, including the conduct of a sincere dialogue to resolve disputes peacefully.

And lastly, the government must guarantee the respect of human rights and the fundamental freedoms in accordance with international human rights standards.

I look forward to your urgent action is this case.

Yours sincerely,
————————————————
PLEASE SEND YOUR LETTERS TO:
1. President Benigno Simeon Aquino III
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel, Manila 1005
Philippines
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
Email: corres@op.gov.ph / opnet@ops.gov.ph

2. Vice President Jejomar C. Binay
Chairperson
Housing and Urban Development Coordinating Council (HUDCC)
BDO Plaza, 8737 Paseo De Roxas St, Makati City
Philippines
Fax: +63 2 811 4158
Tel: +63 2 812 8870 / +63 2 811 4168
Email: info@hudcc.gov.ph

3. Atty. Chito M. Cruz
General Manager
National Housing Authority (NHA)
Elliptical Road, Diliman, 1100, Quezon City
Fax: +63 2 921 2530
Tel: +632 921 7828 / +63 2 922 2460
Website: http://www.nha.gov.ph

4. Chairperson Loretta Ann P. Rosales
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 2929 0102
Email: rosales.chr@gmail.com

5. Police Director General Alan LA Madrid Purisima
Chief, Philippine National Police
Camp General Rafael Crame
Quezon City, Philippines
Fax: +63 2 724 8763/ +63 2 723 0401
Tel: + 63 2 726 4361/4366/8763
Email: feedback@pnp.gov.ph

All submissions are republished and redistributed in the same way that it was originally published online and sent to us. We may edit submission in a way that does not alter or change the original material.

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[Statement] Statement of Temogen “Cocoy” Tulawie on the first anniversary of his arrest and incarceration as a human rights defender

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STATEMENT OF TEMOGEN “COCOY” TULAWIE ON THE FIRST ANNIVERSARY OF HIS ARREST AND INCARCERATION AS A HUMAN RIGHTS DEFENDER

Dear Friends, Comrades, Supporters and Fellow Human Rights Defenders,

Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh!

Cocoy Tulawie HRDExactly one year ago, January 14, 2012 just at the stroke of midnight, I was with my two sons, Eeman, (17 years old) and Ameer (13 years old) in a rented house at Catalunan Grande, Davao City when combined elements of the Regional Special Action Force and Regional Intelligence Unit of the Philippine National Police led by PSupt. Fernando Ortega forcibly broke in the door in order to arrest me. As the assaulting team was still alighting their vehicles, I already noticed them from inside the house and I immediately turn on the lights. The men were in full combat attire, with long high-powered firearms, bullet-proof vests and laser night vision googles as they were under strict orientation that I am a highly dangerous target who possessed bombs and weapons.

There was still every chance for me to escape but I did not consider that option as it will just cause unnecessary commotion in the already quiet and sleeping neighbourhood. I peacefully submitted myself to the arresting team who then brought me to the Davao Medical Center for physical check-up which is a standard operating procedure.

Due to direct threats against my life, I had been running the life of a fugitive since I left my hometown in Sulu in 2009. Since then, I had been sensibly imagining the day of my arrest and have also psychologically prepared my two sons, Eeman and Ameer, on what they should do when that event will actually happen. Both of them have clear instructions whom to call on, what to do, how to conduct themselves when I will be arrested. We had been talking about this fateful event for several times. But even with the amount of preparation, nothing in my imagination actually prepared me for that day. The first thing that crossed my mind was what if they will summarily execute me. The Philippine state is notorious in its record for summary execution and political killings and Davao in particular is also infamous for the Davao Death Squad and so the idea that I may never even reach the nearest police station scared me like hell. I tried so hard to maintain presence of mind and engaged the arresting team members in a conversation. I asked them to bring me to the nearest police station so they can duly record the conduct of my arrest into the police blotter. I recalled this standard operating procedure being taught in our past human rights seminars and I have never realized until such time that such procedure could spell life and death for a person in custody.

I was fortunate enough that the arresting team led by Col. Ortega faithfully observed the procedures in conducting arrest and dutifully brought me to the Talomo Police Station. After that, I was brought to the Davao Medical Center for physical examination. There, I pleaded with Col. Ortega to return back to my house in order to check on the situation of my two minor children and to give them access to my whereabouts. Without hesitation, the good officer went back and was able meet my two lawyers who were already in the house frantically calling all police stations and military camps for my whereabouts.

Prayers throughout the night
As I left my children alone in the house that night, I prayed very hard and entrusted everything to Allah’s mantle of protection. I kept praying “Hasbunallahu Wa Ni’mal Wakeel” I trust no one besides you Ya Allah. I recited this over and over again in the course of such perilous journey where anything could just happen. There were two critical roads which I greatly feared. Going out of the subdivision, we turned left towards downtown. At that juncture, I thought, if we will turn left towards Tacunan, then something will be very very wrong as I could easily be executed there. I prayed so hard and invoked Allah’s mercy. It was such a relief that the vehicle turned right and we went towards the national highway. At that point, again, if this will turn left towards the diversion, it will another dangerous turn. I insisted that we go straight ahead because I knew that the Talomo Police Station is towards that direction. In fairness to the arresting team, they were indeed heading towards the nearest police station.

Private plane waiting
While at Camp Catitipan, I noticed that the arresting team was in a hurry and I asked why. One of them informed me that after conducting all the SOPs e.g. medical check-up, picture-taking, documents’ turnover, etc., I will already be turned over to the Military Intelligence Group who came all the way from Zamboanga City. The MIG reportedly has arranged for a private plane to take me to Jolo, Sulu. The assigned officer of the PNP asked the MIG why they are so interested on Cocoy Tulawie that they are even willing to charter a private plane to transport him to Sulu. At that point, I realized that the Governor of Sulu is obstinate in delivering a very resounding statement. That it is simply foolish of me to fight against a highly powerful and influential politician who will never hesitate to spend millions in order to silence any dissent and take full control over his own fiefdom. The chartered private plane symbolizes power, machismo, and ostentatious display of wealth which is simply a criminal act given the wallowing poverty and the suffering of the people in Sulu.

Despite a Supreme Court Order transferrin g the venue of the case from Jolo to Davao City, the MIG operatives from Zamboanga City simply wanted to deliver me to their patron so they could then collect the handsome reward. Since no amount of reasoning could convince the arresting team to wait until Monday when the courts are already open, my legal team had to call key cabinet members over the weekend just to delay my transfer to Jolo. It is noteworthy to mention here that the late Secretary Jessie Robredo readily helped us by instructing the PNP Superintendent in Region XI to suspend the transfer to Sulu to give my legal team a reasonable time to confer with the Supreme Court. The Chair of the Commission of Human Rights also burned the mobile phone lines to reach out to the Supreme Court even on a weekend.

One year after.
It has been a year since that fateful arrest on January 14, 2012. A lot of things happened since then which can perhaps be the subject in forthcoming letters from prison. What is clear though is the fact that despite the sustained campaigns and legal strategies, money and political influence remain to be my foremost obstacles to freedom. It is sad to note that despite the rightness of my cause, the public sympathy, the earnest efforts of HR groups and the CHR, the international support and a solid legal defense, my accuser can still afford to prolong my incarceration by the simple excuse of delay and by paying off each and every legal remedy via known tricks of well-oiled law firms.

From the confines of my prison though, I have learned to respect time. Never have I fully understood the virtue of “sabar” (patience) until I have lived the life of a prisoner. I have no choice but to follow routines like head count, search of contrabands, etc. It is also part of routine that I get to wear a yellow t-shirt all the time which for me could subconsciously rob me of my own identity. I realized I need to struggle to maintain my health, psychological well-being and the political will to sustain my fight not only for myself and my family but also for my people and other human rights defenders who are into far worst conditions than the one that I am currently experiencing.

I have also learned to resign everything to God’s plan and mercy. Listening to the plight of hundreds of inmates that I have encountered here, I realized that despite all the odds I am facing, I am even more fortunate than many of them. So that keeps me humble, patient and grateful with each day’s worth of blessing. In my long years as a human rights activist, it is only now that I have fully appreciated the importance of our shared advocacy and the global solidarity that connects our struggle. I feel overwhelmed by the love and support of leaders and organizations from Hong Kong, Germany, Ireland, US the European Union and all over the world most of them I have never even met before.

Just last week, during one of the weekend visits of my family, my son Ameer cried when he learned that I will have to be transferred again from Davao City to Manila after the Supreme Court approved Gov. Sakur Tan’s petition for transfer of venue. He asked me why I seem to be helpless over my own situation now when all their growing years, they looked upon their own father as a fearless defender of the rights of others. In his desperation, Ameer asked me why I could not defend my own self? Ameer’s question gave me a pang in the heart and almost crushed my spirit as a father. If I had not been tempered by the day to day survival measures of prison life, I could have just broke down and cried. Yet, I accepted his question for what it is worth. I know I have not given him a satisfactory response. I may not have the answer now but I know deep in my heart that Allah will answer my prayers in His own time.

I wish to end this letter with a thanksgiving and a deep sense of gratitude for all your support, hard work, generous assistance, prayers and well wishes in the last 12 months when I had been robbed of my freedom. Thank you for working so hard for me and my family. Let us continue working together to defend all human rights defenders in the Philippines and all over the world. I have full faith that Insha Allah, I will be able to return back to Sulu as a free man in order to continue my important mission as a human rights defender of my people.

Sincerely yours,

TEMOGEN “Cocoy” Tulawie

LETTER FROM PRISON
January 14, 2013
Davao City Jail
Maa, Davao City, Philippines

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Rights worker nabbed for ’09 slay plot vs Sulu gov
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