Академический Документы
Профессиональный Документы
Культура Документы
Feb. 1, 2010 The Council for Health and Development (CHD)1 and the
Community Medicine Foundation (COMMED)2 sponsored a
Community First Responders’ Training 3 from February 1-7, as a
result of the disasters caused by super typhoons Pepeng and
Ondoy. The training was held at the farm house of Dr. Melecia
Velmonte, chairperson of the board of COMMED.
Feb. 2-5, 2010 The first four days of the training was conducted by Dr. Alexis
Montes and Dr. Merry Mia-Clamor. Assisting them was Teresa
Quinawayan, a midwife and field assistance staff of CHD. Dr.
Montes discussed Basic Life Support and Basic Principles in
Trauma Management. Dr. Mia-Clamor talked on Pharmacology.
Feb. 6, 2010 In the early morning, around 5:30-6:00, while the health workers
were preparing to start the last day of their community health
training, approximately 100 to 300 armed soldiers and
policemen barged into the farmhouse of Dr. Melecia Velmonte at
No. 266, Dela Paz Street, Maybangcal, Morong Rizal, conducted
an illegal search and thereafter illegally arrested 43 doctors,
nurses, midwives and volunteer community health workers.
At the time of the illegal search and arrest, all the 43 participants
were each doing their respective morning routine and rituals or
tasks at different locations of the farmhouse before the start of
the session for the day at 7:00 am. Some were still asleep or in
bed while others just woke up, others were making their beds or
were still in the sleeping quarters, some were exercising outside
the house, still others were cooking or preparing for breakfast,
others were taking breakfast or just had breakfast at the kitchen,
1
Copies of the Certificate of SEC Registration and the brochure of CHD are hereto
attached as Annexes “A-1” and “A-2,” respectively.
2
Copies of the Certificate of SEC Registration and the brochure of COMMED are hereto
attached as Annexes “A-3” and “A-4,” respectively.
3
Copies of the letter-invitations for the training are hereto attached as Annexes “A-5,” “A-5a” to
“A-5b.” Also attached hereto as Annex “A-6” is the Program of Activities of the training.
2
some were preparing to take a bath, taking a bath or just got out
of the comfort rooms, and still others were cleaning the session
hall.
When Balleta we told them about their rights, they told us them
“Your lawyers will not come anymore. Maybe your boyfriends
won’t see you anymore.” When they arrived at the first place
where they were brought, they confiscated her things,
cellphone, ID and money.
4
Almost every night, except the night before they were visited by
the CHR and the lawyers for the first time which was February
11, Thursday, Carandang and her co-trainees were interrogated
nonstop, any time of the day - - morning, evening, midnight or
dawn. The things that they have experienced at the hands of the
military inside the camp are very traumatic because she can’t
understand why they were arrested and why they were treated
worse than a real criminal. (Affidavit of Carandang dated February
21, 2010 and attached to the CHR Complaint dated 25 Feb 2010 as
Annex “D.”)
(5) Complainant-Detainee EULOGIO CASTILLO, male, 40 years
old, was eating breakfast together with his male participants
when around 20 policemen wearing CIDG uniforms and with
long firearms barged into the house where they were staying.
The police were with soldiers in uniforms reading “16th IB.” They
pointed their weapons at them and told them not to move.
Eulogio Castillo were gathered outside the house and separated
from the females. They were blindfolded and handcuffed and
made to fall in line before we were instructed to get on a military
vehicle. He was handcuffed and blindfolded for a long time that
on the third day that they were in the camp, he was not able to
walk.
Eulogio Castillo and company were brought someplace which
he thought was a “safe house.” There were more or less 10
interrogators who questioned him that time. They asked him his
name, address and the organizations that he belongs to; even
his alleged participation in the offensives of the NPA. He heard
from the 2 persons beside the soldiers that they were identifying
him as Ely Castillo and that he was allegedly involved in raids.
Because he was so scared, he was compelled to conceal his
real name and told them that his name was Rogelio Villareses y
Balino. He told the soldiers that he is a member of the Health
Alliance for Democracy (HEAD) but they insisted on having him
admit that he is a member of the NPA. They took his fingerprints
and photographed him. But before they did, they had guns
pointed at his head and back. His cash in his wallet was
confiscated.
Eulogio Castillo could not sleep because of the repeated
interrogations. The soldiers came up to him to talk, making him
hear that there are some who are going to be sent away and of
voices begging for mercy. He also heard the screams and cries
of his companions who were in the other rooms. The soldiers
told me to cooperate with them. They were saying that once he
is set free, he should start his life over and that they will help
him with his case. They said that even he gets free, there is no
guarantee he will be living peacefully.
the NPA, even though they were false and even if they do not
have any evidence to support their accusations. (Affidavit of
Eulogio Castillo dated February 15 (21), 2010 and attached to the
CHR Complaint dated 25 Feb 2010 as Annex “E.”)
While Castro and her colleagues were all outside, some soldiers
entered their rooms and searched their belongings. She saw
soldiers bringing in full knapsacks when they entered their
room. After searching, the soldiers told them to get their
belongings. As she was collecting her things, she noticed that
some items were missing, namely money, a cellular phone and
even their first aid materials.
When the soldiers came out, Castro saw them with plastic bags
which allegedly contained explosives, C-4, and bombs that they
said they used. The knapsacks they brought in earlier were
already empty when the soldiers came out.
Castro and her colleagues were cuffed by the soldiers with tight
plastic bindings and blindfolded with packaging tape over them.
Her hands were cuffed behind her back and this was painful to
her because of an injury on her left shoulder.
Clamor saw that neither Dr. Velmonte nor any of the members of
her family was permitted to come with and witness the search
and investigation inside their house. While in the driveway, they
saw a few soldiers carrying sack bags coming down. After their
search inside the house, they went outside and let the
participants in for them to get their personal belongings;
Clamor noticed that her two cellular phones, wallet with IDs and
money were missing. She notified the policemen who were with
the group but until now her missing items have not been
returned. They tied their hands and blindfolded them.
Clamor and her colleagues were loaded into a vehicle and taken
to a place. Upon arrival, they were ordered to get off the vehicle,
walked and brought to a place where they were threatened. She
was coerced to admitting that she is a member of the New
People’s Army. The interrogations started and came with threats
and noises like the screams of women getting hurt which
caused her fear and nervousness.
Clamor answered their questions and told them the truth that
she was not a member of the NPA or of any movement. But they
did not believe her and they continued with their threats and
harassment. They told her that if she did not admit, they would
expose her under the sun and would not let her sleep. They tried
to force out of her the names of her spouse and children and
where they live. When they weren’t content with her answers
they told her that she was tough and they will look for her
spouse and children.
The interrogation on Clamor was done while she was
blindfolded and her hands were tied and this would last for
more than a day. At the peak of their questioning and
threatening there were times when she wanted to use the toilet
and they were the ones pulling her trousers down and then back
up because her hands were bound. No matter what pleading she
did to have her hand bindings removed they would not listen to
her. Her fingerprints were taken while she was blindfolded and
then afterwards they removed the blindfolds and photos were
taken of them one by one holding name cards.
After their questioning, Clamor and her colleagues were again
loaded into a vehicle still with blindfolds and hand bindings.
They were brought to a place which they eventually learned as
Camp Capinpin, Tanay Rizal.
Clamor can hear the screams and cries of her companions who
were detained especially if they were being coerced or
threatened by the soldiers. She felt fear and nervousness
whenever she thinks that they will make good with their threats
10
For a long time the soldiers did not allow visits from Ramon
dela Cruz’s relatives, lawyers and doctors that he lost any
hope that he could be released from my detention. His cash and
cellphone were taken from him. (Affidavit of Ramon dela Cruz
dated February 21, 2010 and attached to the CHR Complaint dated
25 Feb 2010 as Annex “I.”)
De Luna felt that she was already isolated the very first day in
the place where they brought her. They took her fingerprints
while blindfolded and took her photo when they took the
blindfolds off. They made her wear diapers because they said
that they cannot go out to use the toilet.
De Luna was not talking and had nothing to answer to Joel and
his companions except to say that she does not know anything
because she does not fight with arms and that she is just
helping the poor in the community that health and medical
services cannot be reached.
De Luna also heard that there were some from them who they
would bring out at night, which is why she was very, very afraid.
There are times when they would take out someone like co-
detainee Donasco at around 1:00 am and bring her back at
around 4:00 am. They were subjected to different kinds of
threat, like they told them they had “backhoed” someone. There
are those who cried and wailed. Other forms of mockery and
threats were also made. They were told that they were already
abandoned by their friends that is why they did not come to see
them and that even their lawyers won’t even see them for a bit.
(Affidavit of Leah de Luna dated February 21, 2010 and attached to
the CHR Complaint dated 25 Feb 2010 as Annex “K.”)
(12) Complainant-Detainee Edwin DEMATERA, male, 38 years
old, had just woken up at around 6:00 am when a number of
soldiers and police stormed in and suddenly arrested him and
12
Doloricon gave them the address of the lawyer she knew, Atty.
Paul Sagayo. She told the soldiers that she will only answer
questions in court and only in front of her lawyer because she
was no match against them. The soldier said:”Sure, you might
want to think; only God can save you now!”
Donasco also wasn’t able to eat well. She didn’t have the
appetite because she was so terrified. They also did not remove
her handcuffs that was why they had to spoon-feed her. Her
blindfold would be removed only on the night that they
subjected them for inquest, but they were still handcuffed.
While they were questioning Donasco, they told her that she
needs to cooperate with them. They said that they will give her a
job so she can help her parents just like them, who were former
NPAs or communists. They told her that if she goes home, she
15
will go back to her work in the mountains and that they will give
her a cellphone so she can report to them if people are leaving.
names of people and asking him if they were his colleagues but
he told them that they were not his companions. They took his
fingerprints while blindfolded and after that, they removed the
blindfold from their eyes and one by one, they took pictures of
them holding up names.
Duano was separated from the rest and he was put in a room,
which became my bedroom and shelter. On my first night in the
said place, he heard gunshots. They interrogated him night after
night and threatened to kill him and his family if he did not tell
them the truth. They kept forcing him to admit that he is n NPA
and that he was allegedly among those who attacked a police
station in the province of Quezon.
There was also a time when Duano was interrogated by two men
who introduced themselves as policemen from Quezon. They
wore police uniforms but they purposely removed their
nametags. They were forcing him to admit that he was among
the group of NPAs who attacked and disarmed them, which led
to their demotion. He told them that he is not a member of the
NPA and that he has never been to Quezon and this made them
angrier and they pulled and squeezed his balls that it was so
painful.
Fear and anxiety is what Duano feels while imprisoned in Camp
Capinpin, especially at nightfall because they interrogate him
every night, threaten to kill him and force him to admit that he is
a member of the NPA. They even told him that the NPA
leadership has abandoned them.
They also told Duano that some of his companions had already
confessed while those who did not were already killed and they
threatened to do the same to him if he did not confess. But he
told them the truth that he is not a member of the NPA. They
also mentioned names and asked him if he knew them and if
they were his colleagues, but he told them that he didn’t know
them and that they were not his colleagues.
Every time Duano asked for drinking water, they refused and
they just told him to drink water from the faucet in the
bathroom. Every time they interrogate him, he gets asthma
attacks yet they do not stop in the questioning and threats. He
kept on asking for medicine but they won’t provide it so he had
to endure it. The detainees were also prohibited to speak with
17
For the next few days, they would continue to interrogate and
terrorize Duano and his co-detainees. Nightly, they interrogate
him and his companions and this continues until dawn. Usually,
the interrogation happens in a room but if there are two people
inside the room, they would bring out one of them. Great fear
has been impressed on his mind and being and he knows that
this will leave an indelible mark on his person, which will affect
his thinking and disposition. (Affidavit of Duano dated February
21, 2010 and attached to the CHR Complaint dated 25 Feb 2010 as
Annex “O”)
The military and police personnel entered the said house and
Espera and company were ordered to come out and convene in
one place and lie prone, with the women separated from the
men. They searched the rooms and their things without showing
any documents authorizing it despite the fact that it was
demanded by Dr. Velmonte. Neither the latter nor any of her
family was allowed to come with and witness the search and
investigation.
After their search inside the house, the armed men went outside
and let us in for us to get our personal belongings. Espera
noticed that his money, wallet, photos and ID were taken. They
then tied their hands and blindfolded them, then loaded into a
vehicle. Upon arrival, they were ordered to get off the vehicle,
walked and brought to a place where they were threatened and
coerced to admit that they are NPAs.
On the first night at the camp, Espera heard gunfire, and the
19
Espera was even told that they have been abandoned by their
NPA leaders especially Joma who is in another country enjoying
himself while they were suffering. And if it was really the
intention of our leaders to help us they should’ve brought
lawyers to help us.
The soldiers also told Espera me that some of his co-detainees
have confessed and some others have already been killed and
that they will do the same to him if he does not confess. But he
told them the truth that he is not a member of the NPA. They
also mention names and ask him if he knows them and if he is
with them but he told them otherwise. They were also prohibited
from having conversations with other detainees and were
threatened to be killed if they defy this. The interrogations and
threats would continue and are done nightly and continues until
dawn. He hadn’t had much sleep because of the fear that they
may be killed anytime. (Affidavit of Espera dated February 21, 2010
and attached to the CHR Complaint dated 25 Feb 2010 as Annex
“Q”)
(18) Complainant-Detainee Jacqueline GONZALES, female, 28
years old, was subjected to force, intimidation and physical
abuse by being compelled to lay flat on the floor, being
handcuffed and later on blindfolded for several days with
minimal food, water and rest.
Gonzales was continuously interrogated by the military while
she was blindfolded and handcuffed with threats of being
summarily killed. She was threatened that they would force me
into a van, with the military saying “Stroll tayo,” (Let’s go for a
ride) when she refused to answer their questions.
Soon, the soldiers suddenly entered the kitchen and Javier was
with three other co-trainees at that time and they were told to sit
near the dining area. They asked the soldiers the reason for
their actions, but they were ignored. She noticed the soldiers
and policemen were sporting CIDG and Pulis Rizal prints. They
were asked to go outside the kitchen and we were lined up on
the driveway. Their other co-trainees were also directed to go
to the driveway.
While Javier and company were outside, the soldiers went in the
rooms and searched for things. They asked the soldiers several
times the reason why they were conducting the search but not
one of the soldiers gave any explanation. They also did not
show them any search warrant. After searching the rooms, the
detainees were allowed to enter the rooms to get their things.
Their names were taken and their things were examined.
For the longest time, Labrador would remain really scared and
traumatized. She would be jumpy even with a simple noise
caused by the opening and closing of the steel prison cell and
the noise produced by footsteps. In fact, she can’t measure the
psychological torture she experienced and that until now she
can’t sleep soundly at night. Until now, she can’t help but shiver
and can’t even bring back her appetite. (Affidavit of Labrador
dated February 21, 2010 and attached to the CHR Complaint dated
25 Feb 2010 as Annex “T”)
(21) Complainant-Detainee Gary LIBERAL, male, 43 years old,
was invited by CHD in the second week of January to teach
community based health workers from the different provinces of
Luzon in a seminar called Community First Responders Health
Training to be held February 1-7, 2010. In particular, he was
requested to handle a workshop on nursing skills training for
community health workers. He arrived in the place of training on
the night of February 5.
The following day, Liberal woke up at around 6:00 am. He slept
in the conference room together with Dr. Alex Montes who is a
medical doctor and who was also invited to teach in the said
seminar and a participant whom he did not know. When he
woke up, they went to the kitchen located below the conference
room to relieve him of the call of nature.
While the soldiers were searching the rooms and their things,
Liberal and company were ordered to fall in line outside and
their hands were tied with plastic cords. After the searches,
they were blindfolded one by one. Although they protested and
insisted on calling their lawyers, the military did not listen to
them.
Liberal and the other participants were one-by-one forcibly
loaded onto a vehicle that he did not see because of the
blindfold. It was around 9:00 AM when they left the farmhouse
of Dr. Velmonte. The trip took more or less one hour before they
arrived at the destination.
When they arrived, the military did not remove Liberal’s
blindfolds. They were pulled-out one by one from the vehicle,
23
Not long after, they started questioning Liberal. They asked his
name, where he lives, the names of his family and relatives,
what he was doing in the farmhouse. He insisted on his right to
a lawyer but he was just ignored.
That night, Montes was made to walk and brought near a ravine.
The military interrogator proclaimed that he holds the former’s
life from that moment on. Montes reiterated his demand to get
his own lawyer but the military said that no lawyer will come
over and that he is too far away from his friends and relatives.
(“Walang pupuntang abugado dito! Malayo kayo sa mga kaibigan at
kamag-anak.”) Every question thrown at him was accompanied
by a tap on his shoulder which could make him fall into the
ravine any time.
Montes would be hit on the chest several times whenever he
would deny the various allegations the military asked him. He
would eventually fall down and hit his knee on the rocks. He
was picked by a wooden stick on his chest so that he would not
fall asleep. At an area where a military commander would
introduce himself as “Vicente,” “alligator clips“ which were
probably connected to an electric power source were placed on
his head which numbed his hands and arms, disabled him to
walk, made his eyes and face feel heavy, made him sleepy, and
made both his thighs twitch. He was made to drink water mixed
with undissolved granules. He was made to smell something
that smelled like aroma. The interrogation momentarily stopped
and the alligator clips removed only when he started to feel
chest pains and had difficulty of breathing. He had to be bodily
lifted to his seat again as his whole body was numb and he
could not stand. “Vicente” would late tell him that physical
torture is “SOP” to them.
Because his hands already had abrasions and had started to
numb because of prolonged restraint, Montes was forced to
write a short biography which the interrogators asked him in
exchange for not putting back the plastic binds on his wrists.
(Affidavit of Montes dated February 21, 2010 and attached to the
CHR Complaint dated 25 Feb 2010 as Annex “AA)
26
Then, still blindfolded, Paulino was made to sign papers and his
fingerprints taken. They told me that he should not be worried
and the charges against him would be dismissed if he would
only cooperate with them. They even told him that they are
good as friends but they can also kill people. That is why he felt
even more horrified that forced him to agree to their wish that
they would secure him and his family. (Affidavit of Paulino dated
February 21, 2010 and attached to the CHR Complaint dated 25 Feb
2010 as Annex “II”)
(36) Complainant-Detainee Danny PINERO, male, 41 years old,
independently and substantially corroborated the collective
accounts, narrations, recollections and experience of his co-
detainees on the material points regarding the health training,
the circumstances of their illegal arrest and detention, the
repeated interrogations and indignities, the line of questioning
and common accusations leveled against them, the sequence of
events, the harrowing experience they suffered and the
multifarious violations of their rights.
immediately left.
Barrientos was brought back to jail. He was not able to eat that
whole day. He asked the soldier “Sir, paano ang pagkain?” (Sir,
what about the food?) The soldier said, “may paraan nga sa
bundok dito pa kaya!” (You can manage in the mountains, you
can manage here!) (Affidavit of Barrientos dated February 21, 2010
and attached to the CHR Complaint dated 25 Feb 2010 as Annex
“C.”)
In the afternoon, three AFP officials talked to Complainant-
Detainee Samson Castillo and tried to convince him to
cooperate with the government. They read to him the laws on
POW. When he refused their offers, they told him they will do
everything to incarcerate him for a long time, or kill him by
making it appear that he hanged himself, or attempted to
escape, or suffered a stroke. (Affidavit of Samson Castillo dated
February 21, 2010 and attached to the CHR Complaint dated 25 Feb
2010 as Annex “F.”)
Complainant-Detainee Javier was asked again repeatedly the
names of her supposed fellow NPA. She did not answer and
insisted on her right to get her own lawyer. Because of that,
someone told her, “matigas ka ha” (You are tough). She was
brought to a place where another round of interrogation took
place. When she did not answer because she demanded for a
lawyer, she was put under the sun, they did not give her any
food or drink. She almost lost consciousness because of the
scorching sun and she was not given drinking water. That night,
while still blindfolded, they were brought to another place where
their blindfolds were removed. They then realized that they were
at Camp Capinpin. (Affidavit of Javier dated February 15 (21), 2010
and attached to the CHR Complaint dated 25 Feb 2010 as Annex
“S”)
was almost 4:00 pm when they were allowed to get in. They
were not allowed to bring in anything inside including food.
When she saw her son, she was so distressed and took pity on
him. She could not describe his face because this was so
swollen. His wrists and arms also had abrasions. She did not
have the strength to ask him anymore what happened and she
just broke down. She saw her son fighting back his tears with
great effort. She was able to speak to him only for three minutes
before she was told that visiting hours have ended. (Affidavit of
Complainant-Detainee Paulino’s mother Adocracion dated March 3,
2010 and attached to the Supplemental Complaint to the CHR dated
Mar 17, 2010 as Annex “A-1”)
NUPL and PILC lawyers filed a Petition for Habeas Corpus with
the SC; NUPL lawyer Julius Matibag was denied access to see
the 43 detainees.
Feb. 10, 2010 Complainant-Detainee De Luna felt that the soldiers were nice to
them only this last night maybe because they know that their
(Wednesday) lawyers and the CHR will come tomorrow. (Affidavit of Leah de
Luna dated February 21, 2010 and attached to the CHR Complaint
dated 25 Feb 2010 as Annex “K.”)
Eight lawyers from the NUPL and PILC, namely: Atty. Dickson
Ayon-ayon, Atty. Edwin dela Cruz, Atty. Alnie Foja, Atty. Jules
Matibag, Atty. Edre U. Olalia, Atty. Rachel Pastores, Atty.
Francis Anthony Principe, and Atty. Amlyn Sato, and eight
35
Feb. 15, 2010 All 43 Complainant-Detainees were finally brought to the Court
of Appeals (CA). NUPL and PILC lawyers again entered their
(Monday) formal appearance. Complainant-Detainee Valentino was tightly
guarded and could not confer with Atty. Rachel Pastores of
PILC/NUPL freely. Some of the detainees were able to review
and intercalate their draft affidavits on the basis of the February
11 conference with lawyers.
Before the start of the hearing, Complainant-Detainee Paulino’s
mother Adoracion joined Atty. Pastores who had requested the
military to remove her son’s handcuffs and to confer with him.
The military obliged. They went to a corner of the conference
room to speak in private but all that Paulino could utter is that
he is alright but could not look at Atty. Pastores straight in the
eye. It turned out that the soldiers were milling around nearby.
(Affidavit of Complainant-Detainee Paulino’s mother Adoracion dated
March 3, 2010 and attached to the Supplemental Complaint to the
CHR dated Mar 17, 2010 as Annex “A-1”)
25 Feb 2010 as Annexes “D “N” “KK” and “PP”) They got back
inside but they were being asked to get out again. Pizarro
protested and said the video was not necessary because they
will not escape. The military said that they should appreciate the
video taking because they are now “actresses.” (Affidavit of
Pizarro dated February 21, 2010 and attached to the CHR Complaint
dated 25 Feb 2010 as Annex “KK”)
Feb. 17, 2010 NUPL lawyer Cortez was able to get the signatures only of 19
detainees for lack of material time.
(Wednesday)
Feb. 20, 2010 When Complainant-Detainee Paulino’s mother saw his son
again, he advised her to take precautions because she herself
(Saturday) was being monitored and tailed where she goes. (Affidavit of
Complainant-Detainee Paulino’s mother Adoracion dated March 3,
2010 and attached to the Supplemental Complaint to the CHR dated
Mar 17, 2010 as Annex “A-1”)
Feb. 21, 2010 All 43 detainees on their own volition and free will executed and
signed their respective affidavits, two (including Complainants-
(Sunday) Detainees Obera and Valentino) in their own handwriting while
the rest intercalated their encoded affidavits based on the
February 11 conference with lawyers and most of them even
made additional accounts duly authenticated. NUPL lawyers
Olalia, Matibag and Greg Fabros were present. All the 26 women
detainees and later on, all the 17 male detainees executed their
respective affidavits individually, privately and without the
presence of any military nearby.
During the lawyers’ visit that started at past noon and ended at
round 6:00pm, five paralegals of the NUPL who accompanied
them to assist in the consultations were barred by the military
from entering the camp. Lt. Evelyn Tolentino relayed that the
orders of her superiors is that only the ‘recognized” lawyers are
allowed. Lt. Tolentino even expressly pointed to one of the
paralegals that she knows her and that she is from Karapatan,
implying that she is either not a “paralegal” or that anyone
connected with that organization are not allowed inside.
Negotiations were made until they were allowed to enter until
39
the “holding area.” But they were not allowed to proceed to the
detention center. The paralegals had to wait at the “holding area”
while the lawyers were inside.
From the time of the lawyers’ visit, the female detainees were
subjected to more restrictions and constraints e.g. no sunning
especially when they are “noisy” in their cells and visits from
their parents have been reduced to five minutes only.
(Supplemental Affidavit of Castro dated 7 March 2010 attached as
Annex “D” to the CHR Supplemental Complaint dated 12 March
2010)
Feb. 22, 2010 Complainant-Detainee Ramon dela Cruz was removed from his
cell around 7:00 pm and interrogated. He was being coaxed to
(Monday) cooperate in exchange for the dismissal of his cases because
they were the ones who made up the cases against them in the
first place. They will just not attend the hearings for three times
so the cases will be dismissed. But if he refuses to cooperate,
they will just keep on attending the hearings. His co-detainee
Paulino was also taken out of his cell several times and he
learned this when they get to talk when they go out together for
sunning. (Supplemental Affidavit of Ramon dela Cruz dated 7
March 2010 attached as Annex “H” to the CHR Supplemental
Complaint dated 12 March 2010)
Complainant-Detainee Murillo passed out but was given medical
assistance by the military more than 2 hours after. The military
also threatened her.
Feb. 23, 2010 Female detainees were reshuffled and transferred from one cell
to another for unknown reasons upon the orders of warden Maj.
(Tuesday) Tabion and Lt. Col. Zaragoza. Detainees Otanez, Quinawayan
and Serato would be in solitary confinement. Detainee Javier
would be taken out of solitary after two weeks. Those who are
transferred to “Cell B” invariably are taken away by the military.
(Supplemental Affidavits of Balleta, Castro, Clamor, De Luna,
Doloricon, Donasco, Gonzales, Javier and Labrador dated 7 March
2010 attached as Annexes “C” “D” “G” “K” “M” “P” “Q” and “R”
to the CHR Supplemental Complaint dated 12 March 2010)
Feb. 24, 2010 A delegation of women lawyers composed of Atty. Alnie Foja of
NUPL and Atty. Evelyn Ursuja and Dr. Hazel visited the women
(Wednesday) detainees together with Sen. Jamby Madrigal. However, the
other members of the delegation including lawyers and doctors
“identified with Gabriela” were not allowed by Lt. Col. Zaragoza
to get in despite protests. Sen. Loren Legarda was able to visit
the women detainees also thereafter.
2010)
Feb. 25, 2010 Complaint for various violations of human rights were filed at
the CHR on at around 10:00 am on the basis of the affidavits of
(Thursday) the 43 Complainants-Detainees dated February 21. Lawyers
from the PILC and NUPL were present to submit to CHR
Chairperson de Lima the letter-complaint. This was followed by
a short dialogue with the relatives and doctors of the
complainants-detainees.
At around 11:00 am, Complainant-Detainee Doloricon was
subjected to interrogation for one and a half hours. She was
being forced to admit that she is a high-ranking officer and was
being forced to cooperate in order for the case against her to be
dismissed. (Supplemental Affidavits of Doloricon dated 7 March
2010 attached as Annex “K,” to the CHR Supplemental Complaint
dated 12 March 2010) Complainant-Detainee Balleta would
likewise be summoned to the hut and interrogated.
(Supplemental Affidavit of Javier dated 7 March 2010 attached as
Annex “Q” to the CHR Supplemental Complaint dated 12 March
2010)
In the afternoon, a person claiming to be a rebel returnee gave a
speech to the detainees. (Supplemental Affidavit of Javier dated 7
March 2010 attached as Annex “Q” to the CHR Supplemental
Complaint dated 12 March 2010)
(Friday) the same questions as before. She just said that the case is
already in court and whatever she said before was prompted by
the threats on her. (Supplemental Affidavits of Balleta and Luna
dated 7 March 2010 attached as Annexes “C” and “I” to the CHR
Supplemental Complaint dated 12 March 2010)
There were reports that Dr. Julie Caguiat was not allowed entry
into the camp for her visit to the Complainants-Detainees, that
there was no let-up in Complainant-Detainee Paulino’s
interrogations and pressure, and that the military attempted to
take his mother during her visit.
NUPL lawyers Rey Cortez and Jun Oliva went to see the
detainees but were denied access despite protest to detainees
Paulino, Tawagon and Carandang who at that time were already
taken out and separated from the rest by the military. Maj.
Tabion informed the lawyers that the three detainees were taken
out to a fiscal. After the lawyers’ visit, two alleged rebel
returnees gave speeches and were coaxing them to live a new
life and to contact the organization PACE. (Supplemental Affidavit
of Javier dated 7 March 2010 attached as Annex “Q” to the CHR
Supplemental Complaint dated 12 March 2010)
Tabion said: “Huwag mong sabihin na buntis ka.” (It does not
matter to me that you are pregnant.) He even kicked the gate of
the cell of detainee Otanez. And when co-detainee Clamor
pleaded that they see their fellow detainees to check on them,
Maj. Tabion refused. (Supplemental Affidavits of Balleta, Castro, De
Luna, Doloricon, Gonzales and Javier dated 7 March 2010 attached
as Annex “C”, “D” “I” “K” “P” and “Q” to the CHR Supplemental
Complaint dated 12 March 2010) Maj. Tabion even threatened to
electrocute them. (Supplemental Affidavits of Castro, De Luna and
Gonzales dated 7 March 2010 attached as Annexes “D” “I” and
“P” to the CHR Supplemental Complaint dated 12 March 2010) The
detainees could not sleep that night because of what happened.
Complainant-Detainee Donasco even heard co-detainee Pizarro
scream when she was being taken away by the military. The
former was asked by the guards Cea and Calauagan whether
she wanted to follow the latter. Donasco replied that she will
never join and get out of her cell. (Supplemental Affidavit of
Donasco dated 7 March 2010 attached as Annex “M” to the CHR
Supplemental Complaint dated 12 March 2010)
March 5, 2010 At dawn or early morning before the hearing in Morong RTC,
Complainant-Detainee Barrientos was forcibly taken outside his
50
(Friday) cell. He has not been returned and his exact whereabouts are
not known to this day. There were already five of the
complainants-detainees that have been taken from their cells
and not returned, namely, Paulino, Barrientos and three other
female detainees. The detainees are afraid that they might be
next. (Supplemental Affidavits of Dematera, Escartin, Espera, Liberal
and Montes dated 7 March 2010 attached as Annex “J” “N” “O”
“S” and “Y” to the CHR Supplemental Complaint dated 12 March
2010)
Around 10:00 am, three men and a woman arrived and were
pointing to Complainants-Detainees Oseo and Serato.
(Supplemental Affidavit of Javier dated 7 March 2010 attached as
Annex “Q” ” to the CHR Supplemental Complaint dated 12 March
2010)
52
For the longest time, the female detainees have felt immense
fear and when they tell the military that they will report to their
lawyers what they are doing to them, the military would just
guffaw. The female detainees were also prohibited from giving
food to their male co-detainees and are deprived of medical
assistance. (Supplemental Affidavit of De Luna dated 7 March
2010 attached as Annex “I” to the CHR Supplemental Complaint
dated 12 March 2010) The Complainants-Detainees would not be
taken out for sunning for the next two days. (Supplemental Affidavit
of Doloricon dated 7 March 2010 attached as Annex “K” to the CHR
Supplemental Complaint dated 12 March 2010)
Attys. Olalia and Oliva took the chance while the detainees were
wiring their affidavits to talk with Maj. Tabion. Atty. Olalia
confronted him on the reports about his threat to electrocute the
female detainees when they conducted a noise barrage and that
he cussed the defense lawyers after the Morong hearing.
He said that he was pissed off with the noise barrage and the
hard-headedness of some of the female detainees. He boasted
that he is the warden there and that he must be the one who
should be followed and not the detainees. But Atty. Olalia said
his threat to electrocute is tantamount to psychological torture.
Maj. Tabion meekly said in retort “Bakit meron ba akong
inilectrocute sa kanila? Bakit meron ba akong pinitik kahit isa sa
kanila?” Atty. Olalia asserted that his threat nonetheless is illegal
and that he can be held liable.
At one point, Atty. Olalia also pointed out to Major Tabion the
reports that he was asking and talking to the detainees without
the lawyers’ presence. He said “tanung and kwentuhan lang
naman.”
The 38 detainees executed and signed individually and privately
in their own handwriting Supplemental Affidavits and these
were all witnessed by said lawyers. However, Complainants-
Detainees Paulino, Tawagon and Carandang and also Pizarro
and Barrientos were not in the detention cells anymore and
have been segregated as a group somewhere by the military.
Outside the camp, we got reports from the relatives that they
saw co-detainee Pizarro taken of the camp in a van.
At around 2:00 pm, while the detainees’ lawyers were in the hut
conferring with the male detainees, Maj. Tabion taunted the
female detainees to report to their lawyers. He said that he does
not mind (“Wala akong pakialam”) Complainant-Detainee Javier
said to him: “You are taking us personally.” He answered: “No, I
am a professional… professional killer.. someday I will kill you”
And then he quickly added: “… with laughter” Javier did not take
this as a joke given the fact that Maj. Tabion had repeatedly
threatened them. (Supplemental Affidavit of Javier dated 7 March
2010 attached as Annex “Q” ” to the CHR Supplemental Complaint
dated 12 March 2010)
March 9, 2010 A certain Col. Nobleza of PNP CIDG went to the detention center
and were asking the remaining 38 detainees to sign papers and
(Tuesday) be fingerprinted purportedly because they were necessary for
their transfer; none of the remaining 23 women detainees
(except Complainant-Detainee Clamor who just gave her
fingerprints) did so and invoked their right to counsel of their
choice; the 15 remaining male detainees however filed up only
their personal circumstances and did not answer incriminatory
questions. Maj. Tabion claimed that they will be transferred that
week to Camp Crame in batches.
Complainant-Detainee Macabenta was given a cell phone
number by a soldier to ask his brother to call him for his and his
family’s “protection”. He had been interrogated 4 or 5 times and
asked to admit as NPA and to cooperate.
March 12, 2010 Complainant-Detainee Otanez and Martinez were “visited” by Lt.
Col. Jaime Abawag and Lt. Col. Detoyato together with an
(Friday) alleged rebel-returnee.
March 18, 2010 1st hearing at the CHR hearing. Military did not produce the 43
Complainants-Detainees. (Pls. see CHR Order dated March 19,
(Thursday) 2010 for details of what happened, inter alia.)
During the break in the hearing, NUPL lawyer Olalia was moved
to approach Atty. Clave in view of her statement earlier during
the hearing that and “under her oath as a lawyer” that she
informed the NUPL and PILC lawyers of the Complainants-
Detainees (particularly with respect to segregated detainees
Barrientos, Carandang, Paulino, Pizarro, and Tawagon) of her
substitution as one of the new counsels. Atty. Olalia corrected
her that she and Atty. Jurado have not at any time since the time
of the arrest informed them of their entry. They only learned of
such representation indirectly through their dubious
appearance in the hearing at the Morong RTC on March 5. He
reminded her that as a matter of courtesy and professionalism,
they should have informed the NUPL and PILC lawyers of this
development.
Atty. Clave expressed her apologies because she said she
“never had the opportunity to do so.” He shared the whole
context of the engagement of the NUPL and PILC lawyers by
both the Complainants-Detainees and their respective relatives
as far back as day one and this is evidenced by written
instruments. She also admitted that it was Atty. Jurado who
engaged her and not the segregated detainees themselves and
she claimed she does not know who approached the latter.
Finally, Atty. Clave admitted that when she “assisted” the
segregated detainees on their subsequent written statements
purportedly denying any torture or manhandling by the military
and the supposed severing of the legal services of their counsel
of record, they did so in the presence and while in the absolute
control and custody of the military.
Gen. Lucero.
March 19, 2010 Military showed to remaining 38 detainees an edited clip of the
news on Channel 2 showing the 5 detainees in their custody and
(Friday) purportedly admitting to be NPAS but cutting the portions of
Attys. Olalia and Matibag’s interview. The 5 detainees were
interviewed by Channel 2 TV reporter Jay Ruiz inside Camp
Capinpin but in a house therein. Soldiers were surrounding
them but were out of camera’s range. It was learned later that
the TV reporter wanted to interview all 43 detainees but the
military only allowed the 5.
Complainant-Detainee Pinero has been suffering from extremely
high blood pressure but the military would not provide him
adequate medical assistance.
March 21, 2010 NUPL lawyers Olalia, Matibag and collaborating counsel Atty.
Rey Apuhin (for detainee Gary Liberal) saw and conferred with
(Sunday) the 38 detainees from past noon to 6:00 pm after having made to
wait at the camp’s gate for more than an hour. They wanted to
see the 5 others but no responsible officer was around to make
a decision.
Remaining 38 recounted how the military –sometimes together
with supposed “rebel returnees” –and now with new higher
ranking military officers, continue to coax, coerce and even woo
them (e.g. Ray-om Among, Eulogio Castillo, Leah de Luna,
Lilibeth Donasco, Julius Duano, Ronilo Espera, Jacqueline
Gonzales, Rey Macabenta,, Pearl Martinez, Linda Otanez, Jovy
Ortiz etc.) to follow the footsteps of the 5 and get the services of
another lawyer. They stood their ground and invoked their right
to counsel of their choice, i.e. NUPL and PILC. Carandang,
Tawagon and Pizarro with the military visited the female
detainees and were trying to influence and coax them to follow
what they did. Nobody budged and the 38 treated the 5 of their
companions as victims of the military’s scheme.
The detainees complained that the military gave more
restrictions to them after the CHR hearing (e.g. no more
sunning, no drying of clothes outside, fewer budgets for food,
no hot water, no mineral water etc.) Unlike the previous
lawyers’ visits were Maj. Tabion met the lawyers and exchanged
pleasantries and even conversed with them, this time he just
walked by and made himself scarce.
March 22, 2010 Opposition to the application for judgeship of Atty. Cyrus
(Monday) Jurado was filed with the JBC.
March 24, 2010 In the afternoon, there was a hearing for the arraignment of
Complainants-Detainees Romeo dela Cruz, Macabenta and
(Wednesday) Obera at the Morong MTC for alleged violation of election law on
gun ban was reset due to the absence of the fiscal. Curiously,
there was also a “bomb threat” at the time the hearing was about
to start. The relatives of the Complainants-Detainees submitted
a petition-letter to the Morong RTC judge regarding the transfer
of the Complainants-Detainees to Camp Crame.
March 25, Paralegals verified with the courts in Infanta and Lucena,
2010(Thursday) Quezon and found out that there is no case filed against
Complainant-Detainee Macabenta.
March 30, 2010 Military men with alleged rebel returnees reportedly went to the
house of the mother of Complainant-Detainee Paulino. They
(Tuesday) claimed that she is missing and that Karapatan is supposedly
hiding her. The military offered Paulino’s siblings free
transportation and food to visit their brother. They left a letter
from Paulino addressed to her mother.
Complainants-Detainees Paulino, Carandang, Tawagon,
Barrientos and Pizarro were reportedly brought by the military
to the detention center of the 38 complainants-detainees. There
are reports that they are staying in a house just immediately
outside the gates of the detention center. Complainants—
Detainees Carandang and Tawagon were purportedly coaxing
the other complainants-detainees to “return to the fold of the
law” and cooperate as they did. The 38 stood their ground.
March 31, 2010 Bishops Pabillo and Yniguez of the Roman Catholic Church
were able to visit the detainees upon prior communication with
(Wednesday) Gen. Segovia. At first, Protestant bishops Toquero, Bolocon,
Garol, Pascua and Rex Reyes were not allowed to get in. After
negotiations, they were eventually allowed. Marie Enriquez of
Karapatan was also set to join. The military vehicle which was
supposed to bring them to the detention center came very late
to get them. Gen. Segovia changed his mind and said the
Protestant bishops will not be allowed anymore as it is already
“crowded” inside. At which point, the Catholic bishops cane out
together with military chaplain Martinez. After negotiations, only
the Protestant bishops were eventually allowed to visit.
solitary confinement. As of this time, relatives are generally allowed 5 minutes only of
visit.)