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State forces disrupt psycho-social activity for Canlaon church workers

By Visayas Today

SAN CARLOS CITY – State forces disrupted a psycho-social activity organized for church workers in Canlaon City, Negros Oriental in the wake of the March 30 killing of eight persons there by police during what was initially dubbed an “anti-crime operation” that authorities later admitted targeted alleged communist rebels.

The eight were among 14 persons in all – including two barangay captains in Manjuyod town – who died during “Oplan Sauron 2.0,” which police said was the continuation of the original Oplan Sauron of December 27, that saw six persons slain, mostly in Guihulngan City, also in Negros Oriental.

Police claimed the fatalities were all communist rebels who supposedly fought back when officers served search warrants on them. But the account of the families of the dead, many of whom did not know and lived far from each other, indicated they were executed in cold blood.

Among those killed in Canlaon were the chairman of a local farmers’ organization that authorities have openly tagged as a “legal front” of communist rebels, a law minister of the parish and two volunteer church workers.

Fr. Edwin Laude. (Visayas Today)

Fr. Edwin Laude, pastoral director of the San Carlos diocese, said the activity was held at Canlaon’s St. Joseph parish church on Holy Wednesday to address the possible trauma of 12 church workers who had responded and reached out to the families of the slain.

While the activity was going on, he said, state security forces “in full combat gear” arrived at the church, saying they were there to “observe” what was going on but later “asking for the names of the participants and wanting to take their photos.”

The security personnel then said that “the next time any similar activity was held, we would need to ask the permission of the provincial government because psycho-social activities were part of medical missions, which are among the activities that need the permission of (Negros Oriental) Governor (Roel) Degamo to be held.”

Laude said they saw the disruption of the psycho-social activity by the security forces as a “threat,” stressing that “we are not hiding anything.”

Nevertheless, he added, San Carlos Bishop Gerardo Alminaza “has already asked the governor’s permission to assist the families” of those killed in Canlaon.

Laude also said that the communities where the March 30 victims lived and died still “live in fear” because of the continued presence of military and police personnel in combat gear, raising concerns the violence might be repeated.

He added that security forces, mainly in civilian clothes, also continue to be monitored around the Canlaon parish church.

“It is like martial law, only worse, because this is undeclared, subliminal, scarier,” Laude said, as he called the state security forces “praning” (paranoid).

At the same time, he said the church and the families of the victims are skeptical that police pledges of an “independent investigation” of the killings would amount to anything.

“People don’t see this” materializing, adding that the church’s request to “include the accounts of the victims’ families and of other witnesses” has so far been disregarded.

The only investigation whose findings the families are inclined to honor, said the priest, is that of the Commission on Human Rights.

Probe reveals state security forces committed ‘murder, theft, other abuses’

“The horrific nature and extent of the victims’ wounds belie any claim that the force used against them was – by any stretch of the imagination – reasonable, and erodes the Philippine National Police’s credibility as to its claim that the killings were carried out under justifiable circumstances.”

By RONALYN V. OLEA
Bulatlat.com

MANILA – – A 53-member national fact-finding mission (NFFM) found state security forces involved in the March 30 operations in Negros Oriental liable for murder, theft and other rights abuses.

In its initial report sent to Bulatlat, the NFFM led by Kilusang Magbubukid ng Pilipinas (KMP) said that eyewitnesses “clearly and categorically attested that what happened on March 30 were summary executions.”

The report revealed that all the 14 farmers killed in Canlaon City, Manjuyod and Sta. Catalina were unarmed and were already under the custody and control of state security forces when they were killed.

The mission underscored the fact that members of the raiding teams were in full battle gear, with their faces and their nameplates covered during the operations.

The NFFM said the use of deadly force was premeditated. Except for one, the victims were shot multiple times. The report cited the following:

• Valentin Acabal was shot in his genital area and his right thigh was riddled with bullets it was completely destroyed.

• Ismael Avelino’s torso had at least eight gunshots that his intestines burst out of his stomach

• Edgardo Avelino was shot twice in the chest and once in the center of the forehead

• Steve Arapoc was shot both in his back and chest while he was lying on the floor

“The horrific nature and extent of the victims’ wounds belie any claim that the force used against them was – by any stretch of the imagination – reasonable, and erodes the PNP’s credibility as to its claim that the killings were carried out under justifiable circumstances,” the report read.

The NFFM said the raiding teams were also the ones who dragged the bodies of the victims out of the crime scenes. “Such disturbance of a crime scene is strictly prohibited as it removes potential evidence of foul play,” the report read.

The NFFM thus deemed that the removal of the bodies was “an effort to conceal the crimes committed.”

Replete with irregularities

The NFFM said the search warrants issued against the victims “were nothing more than a pretext for the conduct of the operation.”

In a press conference held April 8 in Bacolod City and streamed live on Facebook, Karapatan legal counsel Maria Sol Taule pointed out irregularities in the conduct of police operations.

The team found out that copies of search warrants were either given to the victims’ families only after the killings took place or such copies were never provided at all.

The NFFM noted the following irregularities in the search warrants:

– All were issued by a single judge, Judge Soliver C. Peras of Branch 10 Regional Trial Court of Cebu City. Standard court procedure requires applications for search warrants to be filed with the trial court which has jurisdiction over the territory where the crime is being committed.

– Search warrants fail to describe the places to be searched with sufficient particularity, such as sketches or other details that should confine the search to a limited location. This violates a procedural requirement that search warrants must particularly describe the place to be searched.

– The search warrant against one of those arrested in Manjuyod, Nestor Kadusale, used false information. Police claimed that they conducted the surveillance and confirmed Kadusale’s possession of loose firearms on March 14, 2019, but records show that the request for Firearm Holder Verification filed with Camp Crame in Quezon City was made on March 8, six days before the actual surveillance.

The NFFM team also said that the raiding teams barged into the victims’ homes without giving prior announcement as to their presence and their intention to enforce the search warrants. The NFFM said this was a violation of an established rule that a law-enforcement officer may break into a house to execute the warrant only if he refused admittance to the place after giving notice of his purpose and authority.

Operatives also ordered the occupants to leave their houses as they supposedly searched the different rooms. The report said that both the rules of criminal procedure and the Philippine National Police’s operational rules strictly prohibit the conduct of a search of a house, room, or any other premises except in the presence of the lawful occupant, a member of his family or, in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality.

“With all the victims’ family members kept outside the premises, and the barangay officials arriving only hours after the raid and the purported search, the operatives involved therein were in clear breach of the aforementioned rules,” the report said.

Planting of evidence

The NFFM said that inventories of items allegedly confiscated from the victims’ houses were signed by barangay officials. Eyewitnesses, however, testified that these officials arrived only hours after the raid and the killings.

The victims’ family members also recounted that they were made to sign the same inventories. “These signatures, however, were procured under the most intimidating and coercive of circumstances, with dozens of masked men carrying high-powered firearms present, without the assistance of local officials or lawyers, after the raiding teams had carried out the executions, and with the family members fearing for their own lives,” the report said.

The NFFM also noted inconsistencies in the search warrants used against the victims and the inventories of items allegedly confiscated from the houses of those killed and arrested. For instance, the search warrant against Steve Arapoc claimed that he was in possession of one (1) .45 caliber pistol; yet, the raiding team claimed they found one (1) .38 caliber pistol.

Theft, other abuses

The NFFM also found out that operatives stole money and valuables in the total amount of P167,300 from the families of Sonny Palagtiw, Valentin Acabal, Edgardo Avelino, Armogena Caballero and Steve Arapoc.

The victims’ family members were also subjected to physical abuse and the unnecessary use of force, the NFFM said.

Arapoc’s younger brother, Mc Khillif Jun, was assaulted and handcuffed while his sister, Keren Arapoc, was harassed when a male member of the raiding team profusely frisked her entire body.

The NFFM also lamented the trauma inflicted on family members, especially minors.

• Franklin Lariosa’s four-year-old son was right beside him when he was shot and killed by the raiding team.

• Edgardo Avelino’s 16-year-old daughter suffered a nervous breakdown after the incident.

• Ismael Avelino’s children, aged ten and five years old were forced out of the room just before their father was shot multiple times while lying in his bed.

• Three of Steve Arapoc’s 10 siblings – aged 14, 10, and 6 – were also in the house when Arapoc was shot several times while lying in the living room.

Lucia Francisco of Gabriela, a member of the NFFM, said that the trauma being experienced by the victims’ families, especially the children, is so deep. “What they need now is psycho-social therapy,” she said during the press conference.

Those arrested, meanwhile, were not informed of their rights as cited in Miranda doctrine.

Danilo Ramos, KMP chairperson, called for justice for the victims. He said that all those involved in the March 30 operations dubbed as Operation Sauron must be held accountable.

The NFFM noted that Oplan Sauron has killed a total of 21 individuals killed in several Negros Oriental towns since December 2018.

The Kilusang Magbubukid ng Pilipinas said these joint police and military operations conducted under the guise of anti-criminality are directed against individuals who are members of mass organizations.

The NFFM noted that the victims were branded as New People’s Army fighters or supporters. It said that the March 30 operations were part of the implementation of President Duterte’s Executive Order 70 establishing a whole-of-nation approach in ending local insurgency and the Memorandum Order 32 placing Negros Island, Bicol, and Samar, under the “state of emergency.” #

‘Search warrant’ para pumatay

“Hindi totoo na dahil may searxh warrant ay kailangan nilang hulihin, Ang kanilang layunin ay patayin ang mga tao doon sa Canlaon City, Manjuyod at Santa Catalina sa Negros Oriental.” — Antonio ‘Ka Tonying’ Flores, secretary general, Kilusang Magbubukid ng Pilipinas

Image by Carlo Francisco/Kodao

Survivors’ tales show ‘most evil intentions’ in Negros Oriental killings

Visayas Today

MANJUYOD/CANLAON CITY –Sige na, sige na!” (Go ahead, go ahead!)

These words, followed by three shots – all she managed to count in her panic – and Angenate Acabal knew her husband Valentin, 47, was dead inside their home in Manjuyod town, Negros Oriental.

Some 125 kilometers north of there, around the same time, in Canlaon City, ordered out of her home at gunpoint, Carmela Avelino heard a shout in a mix of Tagalog and Bisaya: “Merong kalaban, nagsukol!” (There’s an enemy, he’s fighting back!)

Again, three shots and she knew Edgardo, 59, her husband, was gone.

Next door, Ismael, Edgardo’s 53-year old brother, uttered his last words, addressed to his 10-year old child, as his wife Leonora and two youngest children, the other 5, were herded out their house by armed men: “Indi pagpabay-i si Mama kag utod nimo.” (Don’t leave your mother and sister alone!)

As Leonora stepped outside their smashed door, she heard a burst of gunfire.

Contributed photo shows a masked police commando during the operation in Barangay Panciao, Manjuyod where three men, including village chairman Sonny Palagtiw, were killed.

As dawn broke on March 30, 14 men in all had died during pre-dawn raids by police commandos – eight in Canlaon, four in Manjuyod, two more in Sta. Catalina town – during what authorities initially called an “anti-crime operation” but later acknowledged was targeted against suspected communist rebels.

Even on an island beset by outbreaks of violence from an insurgency fueled by the vast gulf between the hacienderos, the planters, who own and control the vast sugarcane plantations that are Negros’ lifeblood and the landless farmers and laborers who toil for them, the single day’s toll came as a bad enough shock that Negros Oriental Governor Roel Degamo demanded police explain why so many needed to die.

Police claimed all the dead were rebel assassins, members of the New People’s Army Special Partisan Unit or SPARU, all supposedly wanted for carrying out attacks on government forces, who were killed when they chose to shoot it out against officers serving arrest or search warrants.

Malacanang stood by the police, insisting the operation was legitimate.

Never mind that many of the dead were in their 50s to late 60s, way too old to be the communist hitmen, who tend to be young, quick and agile, police claim they were, and two of those slain in Manjuyod were elected village chieftains – Valentin Acabal and Sonny Palactiw.Of the eight men killed in Canlaon, one was a Catholic lay minister and two – one of two father-and-son pairs – volunteer church workers.

As far as can be ascertained, only four of the dead – the Avelino brothers of Canlaon, Franklin Lariosa of Sta. Catalina, and Steve Arapoc of Manjuyod – belonged to peasant groups openly accused by state security forces of supporting or being “legal fronts” of the rebels.

And only the Avelinos appear to have been engaged in any recent activity that might have earned them the ire of authorities – the local farmers’ organization chaired by Edgardo hosted a forum about residents of neighboring Guihulngan City who had been displaced in December last year by a police operation similar to that of March 30.

Incidentally, police gave both operations the same code name – Sauron, the “dark lord” of The Lord of the Rings trilogy – with the March operation dubbed “2.0”.

And both operations involved not local police forces but units under the Central Visayas command based in Cebu City.

Aside from this, the warrants were also issued by courts in Cebu City, not in Negros Oriental. The separate but almost uniform accounts of Angenate Acabal and the Avelino widows, who do not know each other – as well as the stories the families of other victims told human rights organizations – not only belied the police accounts but, according to human rights lawyer Neri Colmenares, who visited the wakes of the three victims, showed “the most evil intentions,” the carefully coordinated “state-sponsored killings” of activists and others deemed “enemies of the state.”

All the stories begin in the dark before dawn – between 2 a.m. and 4 a.m. – with the sound of doors being smashed in and then armed men in tactical gear, their faces covered in balaclavas and even dark glasses, storming in, assault rifles aimed at stunned residents.

Angelate Acabal greets a visitor at the wake of her husband, slain Barangay Candabong, Manjuyod caption Valentin Acabal

Around 20 armed men burst into the Acabal household and roused the 17-year old son who slept on a couch in the living room, ordering him to kneel, his hands clasped behind his neck. It was a position he would keep for more than two hours.

Other policemen then barged into the room where Valentin, who was sick with the flu, and Angenate slept with their 7-year old daughter, ordering them to kneel on the floor with their hands up.

“All three of us were praying and our daughter begged them not to hurt us,” Angenate said after sending the girl to another room so she would not have to listen to the retelling.

“Then they grabbed and my daughter and forced us out of the room.”The last thing she heard Valentin say was a prayer: “Gino-o, gitugyan nako kanimo ang tanan.” (Lord, I leave everything up to you.)

For two hours, Angenate said she and her children were kept under guard in the living room, not allowed near the room where her husband lay dead, and accompanied even on trips to the toilet.

It was only around 6 a.m., as curious villagers began to gather, that the policemen summoned two councilmen. Only then did they show a search warrant and the .45 caliber pistol the village chief was supposedly armed with.

Angenate said one of the policemen who guarded them asked her what her husband’s name was. When she told him, “he shook his head and said, ‘But in the blotter it was Eric’.”

A copy of the warrant, which she obtained later, did show it was for Eric, not Avelino, Acabal. Colmenares said even if Acabal used to be called by his old nickname Eric, “the warrant should reflect his real name, Avelino. This already makes it irregular.”

Shortly after, Angenate said, policemen from the town arrived “but only to take away my husband’s body to the hospital even though it was clear he was already dead” from at least seven gunshots, including one that shattered his femur and genitals.

“There was no attempt to investigate the scene of the crime. The (police) Scene of Crime Operatives only inspected his body at the hospital.”

Senatorial candidate and human rights lawyer Neri Colmenares talks to Ray and Argie, sons of slain Barangay Candabong, Manjuyod captain Valentin Acabal.

Worse, said Arcabal’s son Argie, a Qatar Airways cabin crew who flew home on learning of his father’s fate, “they took P30,000 I had just sent home for home repairs and even P7,000 that my mother was keeping for our church, of which she was treasurer.”

Meanwhile in Canlaon, Carmela Avelino was awakened by her 16-year old daughter’s shout for help and rushed out thinking a snake had crawled into their house.

As she got out of bed, “the curtains of our window parted and I saw five rifle barrels aimed at us and a voice ordered us out of the room.”

In the dirt-floor front room, “five policemen stood in line, blocking me from my husband, while others ordered me and the children outside and to go to the community center next door.”

On their way out, they heard three shots from their house and, moments later, more gunshots from Ismael’s house.

Carmela Avelino shows the spot where her husband Edgardo was killed.

Leonora said she and her two young children were awakened by the commotion from Edgardo’s house and stepped out of their room to see their door burst open as six hooded men in black entered and ordered them to lie on the floor at gunpoint.

They were then ordered out of their home and to crawl toward another house where they were kept under guard for the next three hours.

Another Avelino brother, Efraim, rushed out of his nearby house only to be grabbed by his neck and pushed back inside by a gunman in a uniform of the police Special Action Force who ordered him back inside or “you might be the first.”

Like Valentin Acabal, the bodies of the Avelino brothers would be taken from their homes hours later, after daybreak, and taken to the local hospital even though they had already been dead for hours.

A boot print can still be seen on the broken door of the home of Ismael Avelino in Barangay Panubigan, Canlaon City.

Edgardo had been shot in the forehead and right arm. Ismael suffered at least five gunshot wounds.

But unlike Acabal, who has not been autopsied, the Avelino brothers underwent a post-mortem examination and had their deaths classified as “homicide” by the Canlaon civil registrar. Only after the ambulance had left were village officials summoned and shown warrants.

Carmela said the warrant for Edgardo gave his family name as “Marquez,” which is his middle name, and not Avelino.

She said the policemen then asked her to accompany them inside the house and showed her a .45 caliber pistol lying in the pool of blood where her husband had fallen and an M16 rifle they supposedly found by a closet.

A policeman also “returned” money taken from their home, only to find out that P2,000 was missing from the original P5,000.

Post-mortem diagram showing the gunshot wounds that killed Ismael Avelino.

A sister of the Avelinos, Azucena Garubat, was arrested for allegedly possessing a .38 caliber revolver and remains detained at the Canlaon police station, together with Corazon Javier, a coordinator of activist women’s group Gabriela, who was allegedly found in possession of a rifle grenade.

The two were among 12 persons nabbed in the course of the March 30 operation.

Reacting to the accounts of the widows, Colmenares said it was “clear the operations were irregular. The fact alone that they wore masks to serve supposed warrants proves this. And there is also the total lack of an investigation after the deaths, which indicates that the police have no intention whatsoever to tell the truth about what happened.”

But while confident about the chances of successfully prosecuting the police personnel involved in the bloody operation, Colmenares said this would not be enough.

“Public uproar is crucial to send the message that enough is enough.”He also said that ultimate responsibility for the March 30 deaths, as for the December deaths, lay with President Rodrigo Duterte, who last year issued Memorandum Order No. 32, which ordered more police and military personnel to the Bicol region, Samar island and Negros to “quell lawless violence.”

Colmenares said the actions of Duterte and the police fell into the “three patterns of evidence” he said were the bases for successful prosecutions involving extrajudicial killings:

· “Public vilification, which establishes motive”;

· “The brazenness with which the crime is committed”; and

· “The complete lack of interest to investigate o prosecute”

COVER PHOTO: Leonora Avelino (partly hidden, top) talks to visitors at the wake of her husband, Ismael, and his brother, Edgardo in Barangay Panubigan, Canlaon City.