Extra Judicial Killings
Transcript of Extra Judicial Killings
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SECOND DIVISION
[G.R. No. 83598. March 7, 1997]
LEONCIA BALOGBOG and GAUDIOO BALOGBOG,petitioners,
vs.!ONORABLE COUR" O# A$$EAL, RAMONI"O BALOGBOG and
GENEROO BALOGBOG, respondents.
D E C I I O N
MENDO%A,J.&
This is a petition for review of the decision[1]of the Court of Appeals a!r"in# the
decision of the Court of $irst Instance of Ce%u Cit& '(ranch I)* declarin# private
respondents heirs of the deceased (asilio and +enoveva (alo#%o# entitled to
inherit fro" the",
The facts are as follows, -etitioners .eoncia and +audioso (alo#%o# are thechildren of (asilio (alo#%o# and +enoveva Arni%al who died intestate in 1/01 and
1/1 respectivel&, The& had an older %rother +avino %ut he died in 1/20
predeceasin# their parents,
In 1/3 private respondents 4a"onito and +eneroso (alo#%o# %rou#ht an action
for partition and accountin# a#ainst petitioners clai"in# that the& were the
le#iti"ate children of +avino %& Catalina 5%as and that as such the& were entitled
to the one6third share of +avino in the estate of their #randparents,
In their answer petitioners denied 7nowin# private respondents, The& alle#ed that
their %rother +avino died sin#le and without issue in their parents8 residence at Ta#6a"a7an Asturias Ce%u, In the %e#innin# the& clai"ed that the properties of the
estate had %een sold to the" %& their "other when she was still alive %ut the&
later withdrew this alle#ation,
-rivate respondents presented -riscilo 9, Tra:o[;]then 31 &ears old "a&or of the
"unicipalit& of Asturias fro" 1/;3 to 1/2plained that he 7new +avino and Catalina %ecause the&
perfor"ed at his ca"pai#n rallies Catalina as ?%alitaw@ dancer and +avino
(alo#%o# as her #uitarist, Tra:o said he attended the weddin# of +avino and
Catalina so"eti"e in 1/;/ in which 4ev, $ather E"iliano o"ao6as o!ciated andE#"idio Banuel then a "unicipal councilor acted as one of the witnesses,
The second witness presented was Batias -o#o&[2]a fa"il& friend of private
respondents who testi=ed that private respondents are the children of +avino and
Catalina, Accordin# to hi" the weddin# of +avino and Catalina was sole"ni:ed in
the Catholic Church of Asturias Ce%u and that he 7new this %ecause he attended
their weddin# and was in fact as7ed %& +avino to acco"pan& Catalina and carr& her
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weddin# dress fro" her residence in Ca"anaol to the po%lacion of Asturias %efore
the weddin# da&, e testi=ed that +avino died in 1/20 in his residence at O%o#on
(ala"%an Ce%u in the presence of his wife, 'This contradicts petitioners8 clai"
"ade in their answer that +avino died in the ancestral house at Ta#6a"a7an
Asturias,* -o#o& said he was a carpenter and he was the one who had "ade the
co!n of +avino, e also "ade the co!n of the couple8s son -etronilo who diedwhen he was si>,
Catalina 5%as testi=ed concernin# her "arria#e to +avino,[h, .* that there was no record of the %irth of 4a"onito in that o!ce and for this
reason the record "ust %e presu"ed to have %een lost or destro&ed durin# the
war and a certi=cate %& the -arish -riest of Asturias that there was li7ewise no
record of %irth of 4a"onito in the church the records of which were either lost or
destro&ed durin# the war, 'E>h, B*
On the other hand as defendant %elow petitioner .eoncia (alo#%o# testi=ed [0]that
+avino died sin#le at the fa"il& residence in Asturias, She denied that her %rother
had an& le#iti"ate children and stated that she did not 7now private respondents%efore this case was =led, She o%tained a certi=cate 'E>h, 1* fro" the .ocal Civil
4e#istrar of Asturias to the eect that that o!ce did not have a record of the na"es
of +avino and Catalina, The certi=cate was prepared %& Assistant Bunicipal
Treasurer uan Baran#a who testi=ed that there was no record of the "arria#e of
+avino and Catalina in the (oo7 of Barria#es %etween 1/;0 to 1/20,[]
Fitness ose Narvasa testi=ed[G]that +avino died sin#le in 1/20 and that Catalina
lived with a certain Eleuterio Heriado after the war althou#h he did not 7now
whether the& were le#all& "arried, e added however that Catalina had children
%& a "an she had "arried %efore the war althou#h he did not 7now the na"es of
the children, On crosse>a"ination Narvasa stated that .eoncia (alo#%o# who
reuested hi" to testif& was also his %onds"an in a cri"inal case =led %& a certain
Br, Cu&os,
4a"onito (alo#%o# was presented[3]to re%ut .eoncia (alo#%o#8s testi"on&,
On une 10 1/G2 the Court of $irst Instance of Ce%u Cit& rendered Jud#"ent for
private respondents 'plaintis %elow* orderin# petitioners to render an accountin#
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fro" 1/ until the =nalit& of its Jud#"ent to partition the estate and deliver to
private respondents one6third of the estate of (asilio and +enoveva and to pa&
attorne&8s fees and costs,
-etitioners =led a "otion for new trial andKor reconsideration contendin# that the
trial court erred in not #ivin# wei#ht to the certi=cation of the O!ce of the BunicipalTreasurer of Asturias 'E>h, 1* to the eect that no "arria#e of +avino and Catalina
was recorded in the (oo7 of Barria#es for the &ears 1/;061/20, Their "otion was
denied %& the trial court as was their second "otion for new trial andKor
reconsideration %ased on the church records of the parish of Asturias which did not
contain the record of the alle#ed "arria#e in that church,
On appeal the Court of Appeals a!r"ed, It held that private respondents failed to
overco"e the le#al presu"ption that a "an and a wo"an deportin# the"selves as
hus%and and wife are in fact "arried that a child is presu"ed to %e le#iti"ate and
that thin#s happen accordin# to the ordinar& course of nature and the ordinar&
ha%its of life,[/]
ence this petition,
Fe =nd no reversi%le error co""itted %& the Court of Appeals,
First. -etitioners contend that the "arria#e of +avino and Catalina should have
%een proven in accordance with Arts, 02 and 0< of the Civil Code of 133/ %ecause
this was the law in force at the ti"e the alle#ed "arria#e was cele%rated, Art, 02
provides that "arria#es cele%rated under the Civil Code of 133/ should %e proven
onl& %& a certi=ed cop& of the "e"orandu" in the Civil 4e#istr& unless the %oo7s
thereof have not %een 7ept or have %een lost or unless the& are uestioned in the
courts in which case an& other proof such as that of the continuous possession %&
parents of the status of hus%and and wife "a& %e considered provided that there#istration of the %irth of their children as their le#iti"ate children is also
su%"itted in evidence,
This Court noted lon# a#o however that Arts, tension of that code to this countr&,[1]Conseuentl&
Arts, 02 and 0< never ca"e into force, Since this case was %rou#ht in the lower
court in 1/3 the e>istence of the "arria#e "ust %e deter"ined in accordance with
the present Civil Code which repealed the provisions of the for"er Civil Code
e>cept as the& related to vested ri#hts [11]and the rules on evidence, 5nder the
4ules of Court the presu"ption is that a "an and a wo"an conductin# the"selvesas hus%and and wife are le#all& "arried, [1;]This presu"ption "a& %e re%utted onl&
%& co#ent proof to the contrar&, [12]In this case petitioners8 clai" that the
certi=cation presented %& private respondents 'to the eect that the record of the
"arria#e had %een lost or destro&ed durin# the war* was %elied %& the production of
the (oo7 of Barria#es %& the assistant "unicipal treasurer of Asturias, -etitioners
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ar#ue that this %oo7 does not contain an& entr& pertainin# to the alle#ed "arria#e
of private respondents8 parents,
This contention has no "erit, In Pugeda v. Trias[1
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Second, -etitioners contend that private respondents8 reliance solel& on testi"onial
evidence to support their clai" that private respondents had %een in the continuous
possession of the status of le#iti"ate children is contrar& to Art, ;0 of the Civil
Code which provides that such status shall %e proven %& the record of %irth in the
Civil 4e#ister %& an authentic docu"ent or %& =nal Jud#"ent, (ut in accordance
with Arts, ; and ;G in the a%sence of titles indicated in Art, ;0 the =liation ofchildren "a& %e proven %& continuous possession of the status of a le#iti"ate child
and %& an& other "eans allowed %& the 4ules of Court or special laws, Thus the
Civil Code providesM
A4T, ;, In the a%sence of the titles indicated in the precedin# article the =liation
shall %e proved %& the continuous possession of status of a le#iti"ate child
A4T, ;G, In the a%sence of a record of %irth authentic docu"ent =nal Jud#"ent or
possession of status le#iti"ate =liation "a& %e proved %& an& other "eans allowed
%& the 4ules of Court and special laws,
-etitioners contend that there is no Justi=cation for presentin# testi"onies as to the
possession %& private respondents of the status of le#iti"ate children %ecause the
(oo7 of Barria#es for the &ears 1/;361/;/ is availa%le,
Fhat is in issue however is not the "arria#e of +avino and Catalina %ut the
=liation of private respondents as their children, The "arria#e of +avino and
Catalina has alread& %een shown in the precedin# discussion, The treasurer of
Asturias Ce%u certi=ed that the records of %irth of that "unicipalit& for the &ear
1/2 could not %e found presu"a%l& %ecause the& were lost or destro&ed durin#
the war 'E>h, .*, (ut Batias -o#o& testi=ed that +avino and Catalina %e#ot three
children one of who" -etronilo died at the a#e of si>, Catalina testi=ed thatprivate respondents 4a"onito and +eneroso are her children %& +avino
(alo#%o#, That private respondents are the children of +avino and Catalina
(alo#%o# cannot therefore %e dou%ted,
Boreover the evidence in the record shows that petitioner +audioso (alo#%o#
ad"itted to the police of (ala"%an Ce%u that 4a"onito is his nephew, As the
Court of Appeals foundM
Ironicall& it is appellant +audioso hi"self who supplies the clincher that tips the
%alance in favor of the appellees, In an investi#ation %efore the -olice Investi#atin#
Co""ittee of (ala"%an Ce%u held on Barch 3 1/3 conducted for the purpose ofinuirin# into a co"plaint =led %& 4a"onito a#ainst a patrol"an of the (ala"%an
police force +audioso testi=ed that the co"plainant in that ad"inistrative case is
his nephew, E>cerpts fro" the transcript of the proceedin#s conducted on that date
'E>hs, ?N@ ?N61@ ?N6;@ ?N62@ and ?N6
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?,6 Do &ou 7now the co"plainant in this Ad"inistrative Case No, 1
?A,6 9es I 7now,
?,6 Fh& do &ou 7now hi"
?A,6 I 7now %ecause he is "& nephew,
?,6 Are &ou in #ood ter"s with &our nephew the co"plainant
?A,6 9es,
?,6 Do &ou "ean to sa& that &ou are close to hi"
?A,6 9es, Fe are close,
?,6 Fh& do &ou sa& &ou are close
?A,6 Fe are close %ecause aside fro" the fact that he is "& nephew we were alsoleavin# 'sic* in the sa"e house in (utuan Cit& and I even %arrow 'sic* fro" hi"
"one& in the a"ount of -2, when I return to (ala"%an Ce%u,
> > > > > > > > >
?,6 Fh& is 4a"onito (alo#%o# &our nephew
?A,6 (ecause he is the son of "& elder %rother,@
This ad"ission of relationship is ad"issi%le a#ainst +audioso althou#h "ade in
another case, It is considered as a relia%le declaration a#ain66st interest '4ule 12
Section ;;*, Si#ni=cantl& +audioso did not tr& to oer an& e>planation to %lunt theeects of that declaration, e did not even testif& durin# the trial, Such silence can
onl& "ean that 4a"onito is indeed the nephew of +audioso the for"er %ein# the
son of +avino,
'!ERE#ORE the decision appealed fro" is A##IRMED,
O ORDERED.
Regalado, (Chairman), Romero, Puno, andTorres, r., ., concur
-lot Overview
(
In the "idst of a ra#in# war a plane evacuatin# a #roup of school%o&s fro" (ritain
is shot down over a deserted tropical island, Two of the %o&s 4alph and -i##&
discover a conch shell on the %each and -i##& reali:es it could %e used as a horn to
su""on the other %o&s, Once asse"%led the %o&s set a%out electin# a leader and
devisin# a wa& to %e rescued, The& choose 4alph as their leader and 4alph
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appoints another %o& ac7 to %e in char#e of the %o&s who will hunt food for the
entire #roup,
4alph ac7 and another %o& Si"on set o on an e>pedition to e>plore the island,
Fhen the& return 4alph declares that the& "ust li#ht a si#nal =re to attract the
attention of passin# ships, The %o&s succeed in i#nitin# so"e dead wood %&focusin# sunli#ht throu#h the lenses of -i##&8s e&e#lasses, owever the %o&s pa&
"ore attention to pla&in# than to "onitorin# the =re and the Pa"es uic7l& en#ulf
the forest, A lar#e swath of dead wood %urns out of control and one of the &oun#est
%o&s in the #roup disappears presu"a%l& havin# %urned to death,
At =rst the %o&s enJo& their life without #rown6ups and spend "uch of their ti"e
splashin# in the water and pla&in# #a"es, 4alph however co"plains that the&
should %e "aintainin# the si#nal =re and %uildin# huts for shelter, The hunters fail in
their atte"pt to catch a wild pi# %ut their leader ac7 %eco"es increasin#l&
preoccupied with the act of huntin#,
Fhen a ship passes %& on the hori:on one da& 4alph and -i##& notice to their
horror that the si#nal =reQwhich had %een the hunters8 responsi%ilit& to "aintainQ
has %urned out, $urious 4alph accosts ac7 %ut the hunter has Just returned with
his =rst 7ill and all the hunters see" #ripped with a stran#e fren:& reenactin# the
chase in a 7ind of wild dance, -i##& critici:es ac7 who hits -i##& across the face,
4alph %lows the conch shell and repri"ands the %o&s in a speech intended to
restore order, At the "eetin# it uic7l& %eco"es clear that so"e of the %o&s have
started to %eco"e afraid, The littlest %o&s 7nown as ?littluns@ have %een trou%led
%& ni#ht"ares fro" the %e#innin# and "ore and "ore %o&s now %elieve that there
is so"e sort of %east or "onster lur7in# on the island, The older %o&s tr& to
convince the others at the "eetin# to thin7 rationall& as7in# where such a "onstercould possi%l& hide durin# the da&ti"e, One of the littluns su##ests that it hides in
the seaQa proposition that terri=es the entire #roup,
Not lon# after the "eetin# so"e "ilitar& planes en#a#e in a %attle hi#h a%ove the
island, The %o&s asleep %elow do not notice the Pashin# li#hts and e>plosions in
the clouds, A parachutist drifts to earth on the si#nal6=re "ountain dead, Sa" and
Eric the twins responsi%le for watchin# the =re at ni#ht are asleep and do not see
the parachutist land, Fhen the twins wa7e up the& see the enor"ous silhouette of
his parachute and hear the stran#e Pappin# noises it "a7es, Thin7in# the island
%east is at hand the& rush %ac7 to the ca"p in terror and report that the %east has
attac7ed the",
The %o&s or#ani:e a huntin# e>pedition to search for the "onster, ac7 and 4alph
who are increasin#l& at odds travel up the "ountain, The& see the silhouette of the
parachute fro" a distance and thin7 that it loo7s li7e a hu#e defor"ed ape, The
#roup holds a "eetin# at which ac7 and 4alph tell the others of the si#htin#, ac7
sa&s that 4alph is a coward and that he should %e re"oved fro" o!ce %ut the
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other %o&s refuse to vote 4alph out of power, ac7 an#ril& runs awa& down the
%each callin# all the hunters to Join hi", 4alph rallies the re"ainin# %o&s to %uild a
new si#nal =re this ti"e on the %each rather than on the "ountain, The& o%e& %ut
%efore the& have =nished the tas7 "ost of the" have slipped awa& to Join ac7,
ac7 declares hi"self the leader of the new tri%e of hunters and or#ani:es a huntand a violent ritual slau#hter of a sow to sole"ni:e the occasion, The hunters then
decapitate the sow and place its head on a sharpened sta7e in the Jun#le as an
oerin# to the %east, .ater encounterin# the %lood& P&6covered head Si"on has a
terri%le vision durin# which it see"s to hi" that the head is spea7in#, The voice
which he i"a#ines as %elon#in# to the .ord of the $lies sa&s that Si"on will never
escape hi" for he e>ists within all "en, Si"on faints, Fhen he wa7es up he #oes
to the "ountain where he sees the dead parachutist, 5nderstandin# then that the
%east does not e>ist e>ternall& %ut rather within each individual %o& Si"on travels
to the %each to tell the others what he has seen, (ut the others are in the "idst of a
chaotic revelr&Qeven 4alph and -i##& have Joined ac78s feastQand when the& see
Si"on8s shadow& =#ure e"er#e fro" the Jun#le the& fall upon hi" and 7ill hi" withtheir %are hands and teeth,
The followin# "ornin# 4alph and -i##& discuss what the& have done, ac78s hunters
attac7 the" and their few followers and steal -i##&8s #lasses in the process, 4alph8s
#roup travels to ac78s stron#hold in an atte"pt to "a7e ac7 see reason %ut ac7
orders Sa" and Eric tied up and =#hts with 4alph, In the ensuin# %attle one %o&
4o#er rolls a %oulder down the "ountain 7illin# -i##& and shatterin# the conch
shell, 4alph %arel& "ana#es to escape a torrent of spears,
4alph hides for the rest of the ni#ht and the followin# da& while the others hunt hi"
li7e an ani"al, ac7 has the other %o&s i#nite the forest in order to s"o7e 4alph outof his hidin# place, 4alph sta&s in the forest where he discovers and destro&s the
sow8s head %ut eventuall& he is forced out onto the %each where he 7nows the
other %o&s will soon arrive to 7ill hi", 4alph collapses in e>haustion %ut when he
loo7s up he sees a (ritish naval o!cer standin# over hi", The o!cer8s ship noticed
the =re ra#in# in the Jun#le, The other %o&s reach the %each and stop in their trac7s
at the si#ht of the o!cer, A"a:ed at the spectacle of this #roup of %loodthirst&
sava#e children the o!cer as7s 4alph to e>plain, 4alph is overwhel"ed %& the
7nowled#e that he is safe %ut thin7in# a%out what has happened on the island he
%e#ins to weep, The other %o&s %e#in to so% as well, The o!cer turns his %ac7 so
that the %o&s "a& re#ain their co"posure,
Lord o) *h+ #-+ /00ar
ow It All +oes Down
Fhen !ord o" the Fliesopens a plane carr&in# a #roup of (ritish %o&s a#es to 1;
has crashed on a deserted island in the -aci=c Ocean, Oops, 'Also apparentl& the
world is at war, This "atters,* Fith no adults around the %o&s are left to fend for
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and #overn the"selves, Thin#s start out o7a&, The %o&s use a conch shellas a
tal7in# stic7 and 4alph one of the older %o&s %eco"es Rchief,R
And then trou%le %e#ins, The&re afraid of a R%eastR so"ewhere on the island and
then the& decide to %uild a si#nal =re usin# the #lasses of a %o& na"ed -i##& 'who
is a portl& fellow and also the "ost lo&al friend to 4alph*, (ut ac7 Jealous of4alphs power decides the %o&s should devote their ener#ies to huntin# food
'na"el& pi#s* instead of "aintainin# the =re, The lon#er the&re on the island the
"ore sava#e he %eco"es, Beanwhile our other 7e& pla&er a wise and philosophical
%o& na"ed Si"on wor7s with 4alph to %uild shelters,
Eventuall& these latent conPicts %eco"e not so latent and the %o&s who are
supposed to %e tendin# the =re s7ip out on their duties to 7ill a pi#, The %lood and
#ore of the hunt is all ver& e>citin# until the& reali:e that while the& were out %ein#
%loodthirst& %o&s the =re went out and a ship passed %& without noticin# the",
ac7 has also "ana#ed to punch -i##& in the face and %rea7 one lens of his #lasses,
Not #ood,
4i#ht a%out this ti"e a dead "an attached to a parachute %lows inBar&6-oppins6
st&leto the island, The "&sterious parachutin# creature is "ista7en for the %east
and the %o&s %e#in a "assive hunt to 7ill it, Onl& Si"on 'and lets face it the
audience* is s7eptical %elievin# instead the&re reall& Just afraid of the"selves, e
#oes o into the woods to conte"plate the situation while ac7 and 4alph ascend
the "ountain and =nd the %eastQ%ut dont stic7 around lon# enou#h to see that it
is in fact onl& a dead "an,
(ac7 in the #roup ac7 decides 4alph shouldnt %e chief an&"ore, e secedes and
invites whoever wants to co"e with hi" and 7ill thin#s 'li7e "ore pi#s and "a&%eso"e people if the& feel li7e it*, Bost of the older 7ids #o with hi" and Si"on
hidin# watches ac7 and Co, hunt a pi#, This ti"e the& slau#hter a fat "other pi#
'in a scene descri%ed so"ewhat as a rape* cut o her head and Ja" it onto a stic7
in the #round, Nice,
Si"on stares at the head which he calls Rthe .ord of the $liesR as it tells hi" 'hes
hallucinatin# %& the wa&* that it is the %east and that it is part of hi" 'Si"on*,
Si"on passes out #ets a %lood& nose and wa7es up covered in sweat %lood and
other #enerall& dis#ustin# thin#s, Despite all this he decides to continue up the
"ountain to face the %east i,e, dead #u&, Then he vo"its and sta##ers down the
"ountain,
(& now 4alph and -i##& '%oth rather ravenous* are attendin# 'with all the other
%o&s* a %i# feastKpart& that ac7 'decorated li7e an idol* is throwin#, Its all a
fren:ied reenact"ent of the pi# hunt until Si"on still %lood& sweat& and covered
in pu7e stu"%les down into the center of the cra:ed %o&s, e tries to tell the"
a%out the %east %ut he is unreco#ni:a%le and the %o&s Ja% at hi" with their spears
until hes dead, Oops, Si"ons %od& is washed out to sea that ni#ht and the wind
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carries o the %od& of the dead parachutin# "an while 4alph and -i##& convince
the"selves the& didnt ta7e part in "urderin# Si"on,
Its all downhill fro" here, ac7s crew attac7s 4alph and -i##& and steals -i##&s
e&e#lasses to "a7e =re on their own, Fhen 4alph and -i##& decide to cal"l& tal7 it
out with the Rsava#esR 4o#er pushes a hu#e %oulder o a cli 7illin# -i##&, 4alphends up runnin# for his life =nds out that theres a head6on6stic7 future planned for
hi" and at last "a7es it to the shore of the island where he runs into an o!cer of
the (ritish Nav&, The %o&s are rescued fro" their "oc7 war %ut were left with the
i"a#e of the Nav&s Rtri" cruiserR fro" the real war of the adults,
E>traJudicial 7illin#s and forced disappearances in the -hilippines
E2*ra/d-c-a 4--n and )orc+d d-a66+aranc+ -n *h+ $h--66-n+are
ille#al liuidations unlawful or felonious 7illin#s and forced disappearancesin
the -hilippines,[1]These are for"s ofe>traJudicial punish"ent and include
e>traJudicial e>ecutions su""ar& e>ecutions ar%itrar& arrest and detentions and
failed prosecutions due to political activities of leadin# political trade union
"e"%ers dissident andKor social =#ures left6win# political parties non6
#overn"ental or#ani:ations political Journalists outspo7en cler#& anti6"inin#
activists a#ricultural refor" activists "e"%ers of or#ani:ations that are allied or
le#al fronts of the co""unist "ove"ent li7e R(a&an #roupR or suspected
supporters of the N-A and its political win# the Co""unist -art& of the
-hilippines'C--*[;][2]%& either the state #overn"ent state authorities li7e the ar"ed
forces and police 'as in .i%eriaunder Charles +, Ta&lor* or %& cri"inal out=ts such
as the ItalianBa=a,[citation needed]
E>traJudicial 7illin#s 'EHs* is also s&non&"ous with the ter" Re>trale#al 7illin#sR
'E.Hs*, E>traJudicialK e>trale#al 7illin#s 'EHsK E.Hs* and enforced disappearances
'EDs* are uniue in the -hilippines in as "uch as it is pu%licl& and co""onl& 7nown
to %e co""itted also %& non6state ar"ed #roups 'NA+s* such as the New -eoples
Ar"& 'N-A* and the Boro Isla"ic .i%eration $ront 'BI.$*, Thou#h cases have %een
well docu"ented with conservative esti"ates of EHsK E.Hs and EDs co""itted %&
the N-As nu"%erin# to a%out /61 victi"s %ased on the discover& of
nu"erous "ass #rave sites all over countr& le#al "echanis"s for accounta%ilit& of
non6state actors have %een wea7 if not wholl& non6e>istent,
Aside fro" the -hilippines e>traJudicial 7illin#s death
suadsand desaparecidoswere co""on in South and Central A"erica durin# the
cold war, It is also currentl& co""on in the Biddle East,
Nature[edit sourceU edit%eta]
http://www.history.navy.mil/photos/sh-fornv/uk/uksh-d/devnshr7.htmhttp://en.wikipedia.org/wiki/Executionhttp://en.wikipedia.org/wiki/Forced_disappearancehttp://en.wikipedia.org/wiki/Philippineshttp://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-1http://en.wikipedia.org/wiki/Extrajudicial_punishmenthttp://en.wikipedia.org/wiki/Summary_executionhttp://en.wikipedia.org/wiki/Arbitrary_arrest_and_detentionhttp://en.wikipedia.org/wiki/Communist_Party_of_the_Philippineshttp://en.wikipedia.org/wiki/Communist_Party_of_the_Philippineshttp://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-2http://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-3http://en.wikipedia.org/wiki/Liberiahttp://en.wikipedia.org/wiki/Charles_G._Taylorhttp://en.wikipedia.org/wiki/Italyhttp://en.wikipedia.org/wiki/Mafiahttp://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttp://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttp://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttp://en.wikipedia.org/wiki/Death_squadshttp://en.wikipedia.org/wiki/Death_squadshttp://en.wikipedia.org/wiki/Desaparecidoshttp://en.wikipedia.org/wiki/Middle_Easthttp://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&action=edit§ion=1http://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&veaction=edit§ion=1http://www.history.navy.mil/photos/sh-fornv/uk/uksh-d/devnshr7.htmhttp://en.wikipedia.org/wiki/Executionhttp://en.wikipedia.org/wiki/Forced_disappearancehttp://en.wikipedia.org/wiki/Philippineshttp://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-1http://en.wikipedia.org/wiki/Extrajudicial_punishmenthttp://en.wikipedia.org/wiki/Summary_executionhttp://en.wikipedia.org/wiki/Arbitrary_arrest_and_detentionhttp://en.wikipedia.org/wiki/Communist_Party_of_the_Philippineshttp://en.wikipedia.org/wiki/Communist_Party_of_the_Philippineshttp://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-2http://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-3http://en.wikipedia.org/wiki/Liberiahttp://en.wikipedia.org/wiki/Charles_G._Taylorhttp://en.wikipedia.org/wiki/Italyhttp://en.wikipedia.org/wiki/Mafiahttp://en.wikipedia.org/wiki/Wikipedia:Citation_neededhttp://en.wikipedia.org/wiki/Death_squadshttp://en.wikipedia.org/wiki/Death_squadshttp://en.wikipedia.org/wiki/Desaparecidoshttp://en.wikipedia.org/wiki/Middle_Easthttp://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&action=edit§ion=1http://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&veaction=edit§ion=1 -
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-hilippine e>traJudicial 7illin#s are politicall& "otivated "urders co""itted %&
#overn"ent o!cers punished %& local and international lawor convention, The&
include assassinationsL deaths due to stra=n# or indiscri"inate =rin#L
"assacreL su""ar& e>ecutionis done if the victi" %eco"es passive %efore the
"o"ent of death 'i,e, a%duction leadin# to death*L assassination "eans forthwith
or instant 7illin# while "assacreis a7in to #enocideor "ass e>ter"inationL thus7illin#s occurred in "an& re#ions or places throu#hout the -hilippines in dierent
ti"es 6 12 7illin#s in Southern Ta#alo# re#ion were recorded %& hu"an ri#hts
#roup Harapatanfro" ;1 to Ba& 1/ ;,[
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In 1//0 1 $ilipinos won a 5,S, class6suit a#ainst the $erdinand Barcosestate,
The char#es were =led %& victi"s or their survivin# relatives for torture e>ecution
and disappearances,[12]u"an ri#hts #roups placed the nu"%er of victi"s of
e>traJudicial 7illin#s under "artial law at 10 and over 3
a%ductionsL Harapatan'a local hu"an ri#hts #roups* records show G0/ involuntaril&
disappeared 'their %odies never found*, Bilitar& historian Alfred BcCo&in his %oo7RCloser than (rothersM Banhood at the -hilippine Bilitar& Acade"&R and in his
speech RDar7 .e#ac&R cites 2;0G e>traJudicial 7illin#s 20 torture victi"s and
G incarcerated durin# the Barcos &ears, [1traJudicial "urders in the
-hilippines in Septe"%er ;G,[;2][;
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Three "aJor investi#ation #roups were co""issioned and their =nal reports had
%een su%"itted and pu%lishedM the +loria Bacapa#al6Arro&o#overn"ent6appointed
%odiesM a* Tas7 $orce 5si# created %& her on Au#ustL as a special police %od& it was
assi#ned to solve 1 cases of 7illin#sL it clai"ed havin# solved ;1 cases %&
initiatin# court cases %ut onl& 1; suspects were arrestedL %* the Belo Co""ission
'chaired %& Supre"e Court Associate ustice ose Belo* with "e"%ers National(ureau of Investi#ation Director Nestor Bantarin# Chief State -rosecutor ovencito
WuXo (ishop uan de dios -ue%los and Nelia Torres +on:alesL its =nal report statesM
RThere is no o!cial or sanctioned polic& on the part of the "ilitar& or its civilian
superiors to resort to what other countries euphe"isticall& call ?alternative
procedures@Q"eanin# ille#al liuidations, owever there is certainl& evidence
pointin# the =n#er of suspicion at so"e ele"ents and personalities in the ar"ed
forces in particular +eneralovito -alparan as responsi%le for an undeter"ined
nu"%er of 7illin#s %& allowin# toleratin# and even encoura#in# the 7illin#s,R 'Belo
Co""ission report p, 02*[;]and c* the 5nited Nations Special 4apporteuron
E>traJudicial E>ecutions '$e%ruar& 1; to ;1 ;G*
4e"edies[edit sourceU edit%eta]
Maacaan 6+ac+ /00-* and $/no 4--n /00-*[edit
sourceU edit%eta]
(ecause of the "a#nitude of -hilippine 7illin#s and desaparecidos
;;nd Chief ustice4e&nato -unoof the Supre"e Court of the
-hilippinescalled a National Consultative Su""it on e>traJudicial 7illin#s on
ul& 1 and 1G ;G at the Banila otel, Invited representatives fro" the
%ranches of the #overn"ent participated 'includin# the Ar"ed $orces of the
-hilippines the -N- Co""ission on u"an 4i#hts '-hilippines*"edia acade"e civil societ&and other sta7eholders*, On the other hand
the BalacaXan#6sponsored RBindanao -eace and Securit& Su""itR 'ul& 3
1 ;G at Ca#a&an de Oro Cit&* concentrated on the anti6terror law or the
u"an Securit& Act 'SA* of ;G to "a7e it "ore accepta%le to the pu%lic,[;G][;3]At the ul& 1 su""it 4e&nato -uno stated that he Co""ission on
u"an 4i#hts reported the nu"%er of victi"s at Bala&ao 2/ a volunteer wor7er,[21]
http://en.wikipedia.org/wiki/Gloria_Macapagal-Arroyohttp://en.wikipedia.org/wiki/Jovito_Palparanhttp://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-26http://en.wikipedia.org/wiki/United_Nations_Special_Rapporteurhttp://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&action=edit§ion=4http://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&veaction=edit§ion=4http://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&action=edit§ion=5http://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&action=edit§ion=5http://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&veaction=edit§ion=5http://en.wikipedia.org/wiki/Chief_Justicehttp://en.wikipedia.org/wiki/Reynato_Punohttp://en.wikipedia.org/wiki/Supreme_Court_of_the_Philippineshttp://en.wikipedia.org/wiki/Supreme_Court_of_the_Philippineshttp://en.wikipedia.org/wiki/Manila_Hotelhttp://en.wikipedia.org/wiki/Armed_Forces_of_the_Philippineshttp://en.wikipedia.org/wiki/Armed_Forces_of_the_Philippineshttp://en.wikipedia.org/wiki/Commission_on_Human_Rights_(Philippines)http://en.wikipedia.org/wiki/Academehttp://en.wikipedia.org/wiki/Civil_societyhttp://en.wikipedia.org/wiki/Malaca%C3%B1anghttp://en.wikipedia.org/wiki/Cagayan_de_Oro_Cityhttp://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-27http://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-28http://en.wikipedia.org/wiki/Karapatanhttp://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-29http://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-30http://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-31http://en.wikipedia.org/wiki/Gloria_Macapagal-Arroyohttp://en.wikipedia.org/wiki/Jovito_Palparanhttp://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-26http://en.wikipedia.org/wiki/United_Nations_Special_Rapporteurhttp://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&action=edit§ion=4http://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&veaction=edit§ion=4http://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&action=edit§ion=5http://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&action=edit§ion=5http://en.wikipedia.org/w/index.php?title=Extrajudicial_killings_and_forced_disappearances_in_the_Philippines&veaction=edit§ion=5http://en.wikipedia.org/wiki/Chief_Justicehttp://en.wikipedia.org/wiki/Reynato_Punohttp://en.wikipedia.org/wiki/Supreme_Court_of_the_Philippineshttp://en.wikipedia.org/wiki/Supreme_Court_of_the_Philippineshttp://en.wikipedia.org/wiki/Manila_Hotelhttp://en.wikipedia.org/wiki/Armed_Forces_of_the_Philippineshttp://en.wikipedia.org/wiki/Armed_Forces_of_the_Philippineshttp://en.wikipedia.org/wiki/Commission_on_Human_Rights_(Philippines)http://en.wikipedia.org/wiki/Academehttp://en.wikipedia.org/wiki/Civil_societyhttp://en.wikipedia.org/wiki/Malaca%C3%B1anghttp://en.wikipedia.org/wiki/Cagayan_de_Oro_Cityhttp://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-27http://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-28http://en.wikipedia.org/wiki/Karapatanhttp://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-29http://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-30http://en.wikipedia.org/wiki/Extrajudicial_killings_and_forced_disappearances_in_the_Philippines#cite_note-31 -
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Counsels for the Defense of .i%erties 'CODA.* -hilippines a law&ers8
or#ani:ation stated that since ;1 ; law&ers and 1 Jud#es were 7illed
due to their professionsL G00 civilians had %een 7illed e>traJudiciall& while
20/ survived attac7s %ut 13< persons were still "issin#, [2;]
(ishop Deo#racias IXi#ue: stated that on the C(C-KCatholic Churchs countthe nu"%er of victi"s of e>traJudicial 7illin#s is GG3 while survivors of
Rpolitical assassinationsR reached 2GL ;2 R"assacreR were victi"s 13
"issin# or involuntaril& disappeared 0; tortured or ille#all& arrested,
IXi#ue: denounced the #overn"ents i"ple"entation of its Oplan (anta&
.a&a I and II,[22][2traJudicial 7illin#s and
disappearances have #one down,R[
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"ilitar& and police o!cials to release Nilo Arado and Baria .uisa -osa6
Do"inado activists a%ducted on April 1;,[
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co""unist insur#entsM Rthe e>ecutions had ?eli"inated civil societ& leaders
includin# hu"an ri#hts defenders trade unionists and land refor" advocates
inti"idated a vast nu"%er of civil societ& actors and narrowed the countr&8s
political discourse,@ Alston denied for lac7 of "erit the #overn"ents clai"
that 7illin#s were perpetrated %& co""unists to e>ter"inate spies and to
"a7e ne#ative propa#anda versus #overn"ent, Alston on $e%ruar& ;Gstated that the "ilitar& "ade ali%is or denials on its role a%out 3 deaths of
activists and Journalists since ;1, Alston %la"ed ?i"punit&@ which caused
the e>ecutions of Journalists and leftist activistsM ?the priorities of the cri"inal
Justice s&ste" had %een ?distorted@ and had ?increasin#l& focused on
prosecutin# civil societ& leaders rather than their 7illers,@ (ut Alston noted
the #overn"ents creation of 6 special courts to tr& e>traJudicial 7illin#s the
Belo Co""ission and the -hilippine National -olice8s Tas7 $orce 5si#,[0;][02]In
the Nove"%er 5,N, Alston report 6 the 7illin#s in ;G was onl& 3 hu#e drop
fro" the ;/ "urdered in ;, Harapatan pu%lished its report however
listin# 32 victi"s of e>traJudicial 7illin#s since ;1 under +loria
Bacapa#al6Arro&o,[0traJudicial E>ecution found that
Just on paper trails cases are =ledL %ut Alston o!ciall& concluded that ?there
is a passivit& %orderin# on an a%dication of responsi%ilit& which aects the
wa& in which 7e& institutions and actors approach their responsi%ilities in
relation to such hu"an ri#hts concernsL prosecutors refused to ta7e a role in
#atherin# evidence and instead %ein# purel& passive waitin# for the police
to present the" with a =leL the O"%uds"an8s o!ce did al"ost nothin# in
recent &ears in this re#ard failin# to act in an& of the traJudicial su""ar& or ar%itrar& e>ecutions -hilip Alston to the
-hilippines '1;;1 $e%ruar& ;G*@ AK4CK
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Or#ani:ationsca"pai#ned to overthrow the #overn"ent since 1/3L d*
E>traJudicial 7illin#s %& the securit& forces the N-A etc, durin# the Barcos
re#i"e were lessL and e* noted the report of 5N Special 4apporteur Alston
which su%"itted the -hilippine +overn"ent8s reco#nition of the #ravit& of the
pro%le" e>presses concern a%out the views of the Ar"ed $orces of the
-hilippines 'A$-* re#ardin# the pro%le" %ut "uch had to su%"itted that therefor"s "ade did not and will not resolve the 7illin#s, Br, Alstons Barch
report stated that Rthe uestion of resources or technical e>pertise will partl&
resolve the 7illin#s %ut the stron# ris7 is that these "easures will treat onl&
so"e of the s&"pto"s of the crisis and will fail to address "eanin#full& two
of the "ost i"portant underl&in# causes of a #reat "an& of the 7illin#s,R
'AK4CK
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terroris" law ' ?u"an Securit& Act@* to result in "ore torture and
e>traJudicial 7illin#s as a =#ht a#ainst terroris", [1]
:;;8 U D+6ar*0+n* o) *a*+ r+6or*[edit sourceU edit%eta]
On Barch 11 ;3 the 5S Depart"ent of Statereported that Rar%itrar& unlawful
arrests and e>traJudicial and political 7illin#s continued to %e a "aJor pro%le" in the-hilippines in ;G,[;] Fashin#tonstated that R"an& of these 7illin#s went unsolved
and unpunished despite intensi=ed eorts of the #overn"ent to investi#ate and
prosecute these cases,R[2]
>/d-c-a corr/6*-on[edit sourceU edit%eta]
On anuar& ;0 ;0 and on Dece"%er 1 ; -hilippines Social Feather
Stationsreleased the results of its two surve&s on corruption in the Judiciar&L it
pu%lished thatM a* li7e 1//0 1K< of law&ers said "an&Kver& "an& Jud#es are corrupt,
(ut '
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Sr, and his son Andal A"patuan r,who was to %e a candidate to succeed hi",[G]On Nove"%er 1 ;1 the international non6#overn"ental or#ani:ationu"an
4i#hts Fatchissued a / pa#e report titled RThe& Own the -eopleR chartin# the
A"patuans8 rise to power includin# their use of violence to e>pand their control
and eli"inate threats to the fa"il&8s rule,[3]
Events[edit sourceU edit%eta]
In $e%ruar& ;G The 5,S, a"%assador to the -hilippines has %ro7en her
silence and called on Banila to end e>traJudicial 7illin#s, On $e%, ;GHristie
Henne&5,S, a"%assador to the -hilippines alerted Brs, Arro&o as she voiced
her call to end these 7illin#sM R.ets %eef up the hu"an ri#hts in the Ar"ed
$orces of the -hilippines and "a7e ever& eort to investi#ate prosecute
those responsi%le [and] e>onerate the innocent,R [/]
In Au#ust ;G the International Da& of the Disappeared Asian u"an
4i#hts Co""ission'A4C* ran7ed the -hilippines a"on# the top ei#htcountries in Asia where forced disappearancesof activistsare not Just
ra"pant %ut are done with i"punit&, Sri .an7aheads the list 'state"ent
posted on its we%site 'www,ahrch7,net*, The activists too7 part in the recent
u"an 4i#hts School Session of the A4C for ;G, The A4C listed the
other countries where forced disappearances ta7e place with
i"punit&M -a7istan Indonesia (an#ladesh NepalThailand -hilippinesand
parts of India,[G]
In Septe"%er ;G Barie ilao6Enriue: Harapatansecretar&6#eneral
for"all& petitioned the 5nited Nations u"an 4i#hts Council'5N4C* to
direct the -hilippine #overn"ent to stop the e>traJudicial 7illin#s, She =ledthe report on cases 7illin#s have %een recorded %& Harapatan fro" anuar&
to une ;G alone with 1G cases of disappearances 1; of torture and 112
of ille#al arrests,[G1][G;]
On Octo%er 2 ;G atTarlac Cit& /6&ear6old (ishop Al%erto 4a"ento of the
I#lesia $ilipina Independiente 'I$I* or -hilippine Independent Church and a
vocal critic of 7illin#s under the Arro&o #overn"ent was sta%%ed G ti"es and
7illed,[G2]
The Dece"%er 11 ; -hilippines National -olice8s Tas7 $orce 5si#
su%"itted 110 cases of ?slain part& list K"ilitant "e"%ers@ since ;1 and; cases of ?"edia"en@, The Philippine ail+ *nuirerpu%lished ;// 7illin#s
fro" Octo%er ;1 and April ;G 'See e,#, Alcuin -apa ?2 5S solons to -N-M
4espect hu"an ri#hts@ -hilippine Dail& Inuirer April 13 ;G* [G
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'which include 7illin#s to forci%le displace"ent of co""unities*, Therefore
aside fro" the 33G 7illin#s since ;1 under Brs, Arro&o Harapatan Just for
;G underscored 20 victi"s of political 7illin#sL ; of enforced or
involuntar& disappearanceL 3 of a%ductionL ;/ of tortureL 1;/ of ille#al
arrestL 11 of ille#al detentionL 22 of threat harass"ent and inti"idationL
G0tre"e dan#ers
that Journalists face ever& da& in tr&in# to carr& out their wor7, There will %e
no press freedo" in the -hilippines until this 'situation* chan#es,R[3]
On anuar&
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cited the ;G annual Surve& of Trade 5nion 4i#hts Violations of
the International Trade 5nion ConfederationM R22 of the total 1
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-hilippines to partiall& free fro" a list of totall& free countries, It %ased its
-hilippine status down#rade on the spate of political 7illin#s Rspeci=call&
tar#etin# left6win# political activists in the countr& freedo" in the sloped
downward,R[/1]
On anuar& 13 ;3 the Hilusan# Ba#%u%u7id n# -ilipinas 'HB-* led %& HB-chair"an 4afael RHa -aen#R Bariano 'president of the Ana7pawis*
conde"ned the anuar& 1; 7idnappin#and anuar& 1 e>traJudicial 7illin#
and torture of their far"er and local leader Teldo 4e%a"onte
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pro%le" in the -hilippines, The report added that ?despite intensi=ed eorts
%& the -hilippine #overn"ent to investi#ate and prosecute these cases "an&
went unsolved and unpunished,@[/G]
The dele#ates to the th Con#ress of the National 5nion of ournalistsof the
-hilippines 'N5-* led %& chair"an ose Torres r, renewed calls to an end touna%ated "edia 7illin#, It reported that the list of Journalists "urdered
swelled fro" in ;1 to / in ;3, The "ost recent victi"s were #unned
down local radio %roadcasters of 4adio Bindanao Networ7 Dennis Cuesta
fro"+eneral Santos Cit& and Bartin 4o>as of 4o>as Cit& Capi:,[/3]The N5-
declared Au#ust ; a RNational Da& of Bournin#R as Journalists wore %lac7 in
protest as the& paid tri%ute to slain "edia practitioners at the (anta&o# n#
"#a (a&ani in ue:on Cit&,[//]
E2*ra/d-c-a 4--n r+0a-n /n6ro+c/*+d -n $!
(9 BUENA BERNAL
-OSTED ON 0K;2K;1; 2M1G -B U 5-DATED 0K;
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CA.. $O4 5STICEM $a"ilies and friends of the victi"s of the Ba#uindanao Bassacre
#ather at Bendiola for a pra&er6rall& su""onin# the hi#h court for an end to
i"punit&, $ile photo %& Elaine Tiu,
BANI.A -hilippines 6 oldin# people accounta%le for the cri"es the& co""ittedhas never %een harder than in cases of e>traJudicial 7illin#s in the -hilippines,
Despite tireless eorts of victi"s8 fa"ilies and their supporters onl& < cases of
politicall&6"otivated "urders have %een successfull& prosecuted in the countr& over
the last < &ears,
In an interview Elaine -earson deput& director of the u"an 4i#hts Fatch Asia
Division e>plained how the lac7 of political will on the part of the Auino
ad"inistration "irrors a low priorit& it accords to hu"an ri#hts,
5pon his assu"ption of o!ce Auino inherited an esti"ated 10 cases of
e>traJudicial 7illin#s fro" the Arro&o ad"inistration, A -hilippine hu"an ri#hts
watchdo# Harapatan pe#s this nu"%er at 1;,
None of the perpetrators however has %een convicted under Auino8s leadership,
?Fhile Auino8s lan#ua#e has %een stron# he has not i"ple"ented the s&ste"ic
refor"s necessar& to stop the 7illin#s and hold perpetrators accounta%le@ a report
fro" New 9or76%ased u"an 4i#hts Fatch sa&s,
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D+@+c*-on
Althou#h the nu"%er of 7illin#s has #one down hu"an ri#hts advocates are not
i"pressed %& the pro#ression of retri%ution thus far,
In the latest issue of Harapatan Bonitor the #roup stressed Auino8s failure ?to
render Justice to the victi"s of hu"an ri#hts violations '4V* under the 5S6Arro&ore#i"e,@
A report prepared %& the -residential u"an 4i#hts Co""ittee Secretariat with the
assistance of the Depart"ent of $orei#n Aairs 'D$A* and the Depart"ent of ustice
'DO* records a nu"%er of tas7 forces and hu"an ri#hts "onitorin# tea"s set up
under the Auino ad"inistration, These tea"s supposedl& involve the participation
%& the "ilitar&,
Still -earson said these tas7 forces dePect fro" the issue of Justice and prosecution
which should %e the top priorit& of the ad"inistration ri#ht now,
A"on# the #reatest hurdles in the eective prosecution of e>traJudicial 7illin#s and
enforced disappearances in the countr& are the "ilitar&8s failure to cooperate in
investi#ations and the li"itations of the -hilippine cri"inal Justice s&ste" -earson
added,
Even if convicted "ilitar& "e"%ers are held in "ilitar& ca"ps which are far fro"
the euivalent of life in prison cells,
-earson said the a%sence of clear directives fro" the -resident to #overn"ent
institutions li7e the "ilitar& is one indication of lac7 of political will,
?Fe si"pl& haven8t seen that stron# state"ent co"in# fro" the top@ she said,
$ro*+c*-on o) *ho+ +)* +h-nd
Accordin# to ose Banuel Dio7no of the $ree .e#al Assistance +roup '$.A+* the
failure to protect witnesses is a "aJor i"pedi"ent in the deliver& of Justice,
An e>pedient Judicial process is inhi%ited %ecause possi%le witnesses fear for their
lives, This is especiall& so in political 7illin#s where the perpetrator is usuall& a
person with power and position,
The Ba#uindanao Bassacre of ;/ is one such case, ?Fe 7now that this is not anisolated case@ said -earson,
The "assacre which resulted in "ore than 0 civilians 7illed %& a hundred ar"ed
"en also %rou#ht the countr&8s hu"an ri#hts condition under close scrutin&,
In a separate report u"an 4i#hts Fatch called on the -resident to issue an
e>ecutive order %annin# all para"ilitar& and "ilitia forces,
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"h+ 6ro+0 o) +2*ra/d-c-a 4--n
In ;11 alone there have %een 1 docu"ented cases of 7illin#s and
disappearances attri%uted to securit& forces, Not one has %een eectivel& tried in a
civilian court,
The latest report released last ul& ;11 %& the u"an 4i#hts Fatch concluded thatpro"pt action in investi#ation and prosecution are needed in view of the recorded
7illin#s perpetrated %& alle#ed "e"%ers of the state "ilitar&,
$urther"ore there is a need to delineate co"%atants fro" civilian activists,
?The "ilitar& still fails %oth in its words and actions to dierentiate %etween the
ar"ed N-A 'New -eople8s Ar"&* and N+Os and political parties that "a& espouse
so"e ele"ents of co""unist or other leftist ideolo#&@ the report reads,
Un-=+ra $+r-od-c R+=-+ U$R
On Ba& ;/ all e&es will %e on the -hilippines as the 5nited Nations u"an 4i#hts
Council '5N4C* convenes in +eneva to conduct its 5niversal -eriodic 4eview '5-4*
of the countr&,
The council will assess the pro#ress of the -hilippine #overn"ent %ased on previous
reco""endations and will hold it accounta%le for co""it"ents "ade, 5N "e"%er
states "a& also issue speci=c ti"e6%ound reco""endations,
A livestrea" of the discussion will %e held at the Co""ission on u"an 4i#hts
o!ce while a si"ultaneous we%cast can %e viewed at the 5nited Nations
"ulti"edia we%site 'httpMKKwww,un"ulti"edia,or#KtvKwe%castKcKun6hu"an6ri#hts6council,ht"l* fro" 2 to M2 p" Banila Ti"e,
The 5-4 is held ever& < &ears durin# which the hu"an ri#hts record of a countr& is
put under the spotli#ht, This is the second ti"e that the -hilippines will %e
reviewed, Ra66+r.co0
http://www.unmultimedia.org/tv/webcast/c/un-human-rights-council.htmlhttp://www.unmultimedia.org/tv/webcast/c/un-human-rights-council.htmlhttp://www.unmultimedia.org/tv/webcast/c/un-human-rights-council.htmlhttp://www.unmultimedia.org/tv/webcast/c/un-human-rights-council.html