Atty Al Parreno's Report On The Legal Audit of EJK Cases 2001 - 2010

EŽĞů͞Noli͟Capulong
ĂƐĞŽĨEŽĞů͞Noli͟Capulong
Date of Incident/ Place
ͻ May 27, 2006

ͻ Brgy. Parian, Calamba City, Laguna
Short Facts
ͻ On May 27, 2006, at around 6:00 PM, the

victim, while driving his owner-‐type jeep,
was gunned down by bonnet-‐wearing
men on board motorcycles.
Profession
ͻ Deputy Secretary-‐General of Bayan Muna

Southern Tagalog Chapter
ͻ Volunteer Radio Veritas reporter
Probable Reason for Killing
ͻ Involvement in Activist Group Bayan Muna

ĂƐĞŽĨEŽĞů͞Noli͟Capulong
Suspects
ͻ Alfred Alinsunurin
Profession of Suspect
ͻ Unidentified
No. of days since

date of incident
ͻ 4 years 2 months
Case Status
ͻ The case was dismissed by the City Prosecution

Office of Calamba, Laguna on January 18, 2007
Reason for Dismissal
ͻ Information for the prosecution was only based

on a police report, the prosecutor dismissed the
case for insufficiency of evidence
Noel Villarante
Case of Noel Villarante
ͻ August 19, 2003

ͻ Santa Cruz, Laguna
Short Facts
ͻ At about 6:45 pm of August 19, 2003, Noel

Villarante, was shot dead at Santa Cruz,
Laguna just outside of his residence. After
being shot, Villarante ran inside his home. As
his relatives helped him outside to get to a
hospital, the gunman once again shot
Villarante, causing his instantaneous death.
Profession
ͻ Commentator in the local DZRJ
Radio
ͻ Writer for the local newspaper
Laguna Score
Case of Noel Villarante
Suspects
ͻ Senando Palumbarit and two (2) John

Does
Profession of Suspect
ͻ Civilian police agent
No. of days since

date of incident
ͻ 6 years 10 months
Case Status
ͻ Case dismissed by the trial court
Reason for Dismissal
ͻ Witnesses were no longer interested in

testifying against the accused.
Presentation Objectives
What is the problem?
Where is the problem?
Current Sentiments
How do we solve it?

Preliminary Matters
How we defined Extra Judicial
Killings?
How we did the study?
What we did not cover?

Extrajudicial killing Elements
Political Affiliation of Victims
ͻ Political activists
ͻ Journalists
Method of Attack
ͻ Professionally executed
ͻ Use of
ͻ motorcycles-‐41% of Assailants
ͻ bonnets-‐12%
ͻ darkness-‐23%
Involvement or Acquiescence of State Agents

ͻ Cannot be determined until conviction
HOW WE DID THE STUDY
Created a The Summaries This

The Analysis
database were Generated Presentation
What we did not cover
Specifically who Motive or

did what characteristics
Maguindanao
Focus on IBP and
was not included
DOJ Data
in the numbers
What is the Problem?
Problem Statements
Extrajudicial Killing Most of the Victims

is Rampant in the Most Identified
Are Members or
Philippines Suspects Belong to
Officers of Activist
the Military
Groups
State Actors Are The Rebels are also

Involved (?) Suspects
Extrajudicial Killing is Present All Over the Philippines
No. of Incidents/Victims Per Region
80
72
70
62 61 Total No. of Incidents: 305
60
55 Total No. of Victims: 390
50 47
45
43
40
30
30 28 28
26
23
20
20 17 17
13 13
11
10 8 8 7 7
5 5 6 6
4 5 3
5
3 4 4 4
0
Region Region Region Region Region I Region Region NCR Region Region Region Region Region II Region ARMM Region X CAR
III V VIII VI IV-‐A XI VII XII XIII IV-‐B IX
No. Of Incidents No. Of Victims
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
Incidents with Suspects Identified as State Actors per
Region
70
60
50 Info not available
Elected Govt. Official
40 CAFGU
6 Public Officer
30 Rebel
2 Police
20 Military
11 10
32
Unidentified Armed Men
23
10 0
1
13 13
5 10
8 0 03 2
12 4 02 02
0 2
0 01 2 20 0
Region III Region V Region Region VI Region I Region Region XI NCR Region Region Region Region Region II Region IX ARMM Region X CAR
VIII IV-‐A VII XII XIII IV-‐B
Most of the Victims Are Members or Officers of Activist Groups
Profession of Victim

Total: 390
Farmer
10% Rebel
8%
Journalist Other
15% 7%
Lawyer
5%
Other Public Officer

13% 3%
Elected Govt. Official
Officer-‐Member of
15%
Religious Group
3%
Judge
2%
Officer-‐Member of
Activist Group
32%
Identified Suspects Belong to the Military
Total: 837
CAFGU
Public Officer 1% Elected Govt. Official
1% 1%
Rebel
12%
Police
9%
Unidentified Armed
Military Men
57%
19%
Rebels are also suspects
Total: 837
CAFGU
1%
Rebel Public Officer Elected Govt. Official
1% 1%
12%
Police
9%
Unidentified Armed
Men
Military 57%
19%
State Actors Are Involved?
Total: 837
Public Officer Elected Govt. Official

1% 1%
Rebel
12%
Unidentified Armed
Men
57%
-‐Where is the Problem?-‐
Pampanga has the Most Number of Victims, followed by Northern Samar and
Negros Occidental
The Years 2005 and 2006, during the term of Gloria Macapagal-‐Arroyo Saw,
the Most Number of Cases
Pampanga has the Most Number of Victims, followed by
Northern Samar and Negros Occidental
No. of Incidents/Victims Per Province
45
41
39
40 Total No. of Incidents: 305
35 37 33 Total No. of Victims: 390
30
25 28
25
20 17 18 17 17
15 16
15 12 11 11
15 14 10 9 10 9
10 13 13 14 8 8 7
11 6 6 6 5 5 5 5
8 7 7 9 9 4 4 4 3 3 3 3
5 7 6 2 2 2 2 2 2 2
6 5 6 6 4 6 5 3 3 2 4 3 2 3 3 2 3 2 2 2 2 1 1 11 11 11 2 11 11 11
0
Misamis Oriental
Batangas
Pampanga
Davao del Sur

Leyte
Quezon
Palawan
Abra
Ifugao
Laguna
Isabela
Sulu
Sarangani
Cavite
Pangasinan
Bohol
Capiz
Tarlac
Davao Oriental
Zambales
Camiguin
Metro Manila
Albay
Masbate
Oriental Mindoro
Sorsogon
Negros Oriental
Aklan
Negros Occidental
Nueva Vizcaya
Bataan
Cotabato
Southern Leyte
Kalinga
Davao del Norte
Zamboanga Sibugay
Northern Samar
Camarines Norte
Camarines Sur
Compostela Valley
Surigao del Norte
Nueva Ecija
Zamboanga del Norte

Ilocos Sur
Ilocos Norte
Surigao del Sur
No. Of Incidents No. Of Victims

The Years 2005 and 2006, during the term of Gloria Macapagal-‐
Arroyo had the Most Number of Cases
No. Of Incidents Per President/Per Year
Presidents of the Philippines:

Estrada
70 Arroyo
66 Aquino
37
27 25
16 17
6 8
1
1/20/2001
6/30/2010
8/15/2010
12/30/2002
2003
2004
2005
2006
2007
2008
1/1/2000-‐
1/1/2009-‐
7/1/2010-‐
1/20/2001-‐
Rate of Killings: GMA Jan-‐Oct 2006
Arroyo's Term-‐Rate per Month (Jan'05-‐Dec'06)

14
12 12
10 10
9 9 9
8 8 8 8
7
6 6 6 6 6
5 5
4 4 4
3 3 3 3 3 3
2 2
1
0
Following Accountability of Military
Region III
35
Region IV-‐B
30
Region VIII
30
25
20
14
15 13
10
9
10
7 7
5
4
5
2 2
1 1 1 1 1 1
0 0 0
0
2002 2003 2004 Jan'05-‐Aug'05 Sep'05-‐Sep'06 Oct'06-‐Dec'06 2007
Current Sentiments
The United Nations Representative Expressed Concern
The Commission on Human Rights Cannot Solve It
The Aquino Administration Has Stated It Will Take Action Against It
-‐Current Sentiments-‐
The United Nations Representative Expressed Concern
Alston recognizes the

widespread killing of
activists
Alston does not adhere
to the Purge Theory of
the AFP
Recommend 12 specific
actions for the
government to take
-‐Current Sentiments-‐
The Commission on Human Rights Effort
Shock with the number

of extra judicial killings
Campaign for the
observance of
command responsibility
particularly among the
higher echelons of the
PNP and AFP command
-‐Current Sentiments
The Aquino Administration Stated it Will Take Action Against It
P-‐Noy Condemns EJK
SONA Statements of P-‐Noy:

͞Natukoy na rin po ang salarin sa mga kaso nina
Francisco Baldomero, Jose Daguio at Miguel Belen, tatlo
sa anim na insidente ng extralegal killings mula nang
umupo tayo.
Singkuwenta porsyento po ng mga insidente ng

extralegal killings ang patungo na sa kanilang
resolusyon.
Ang natitira pong kalahati ay hindi natin tatantanan ang

pag-‐usig hanggang makamit ang katarungan.
Pananagutin natin ang mga mamamatay-‐tao.

Pananagutin din natin ang mga corrupt sa gobyerno͘͟
8 incidents of EJK since the President took office

Rate of Killings: GMA vs. P-‐Noy
Arroyo's 2nd Term-‐Rate per Aquino's Term-‐Rate per

Week=2.5 (1st month) Week=2, 1.5 (1st Month)
6
4.5
4
4 5
5
3.5
3 3
3 4
2.5
2 3
1.5 2
2
1
1
0.5 1
0
0
0
Jun 30, Jul 07, Jul 14, Jul 21, 0
2006-‐Jul 2006-‐Jul 2006-‐Jul 2006-‐Jul Jul 01, 2010-‐ Jul 09, 2010-‐ Jul 17, 2010-‐ Jul 25, 2010-‐
07, 2006 14, 2006 21, 2006 28, 2006 Jul 08, 2010 Jul 16, 2010 Jul 24, 2010 Aug 01, 2010
EJK in Aquino Admintration
Case of Jose Daguio
Date of Incident/ Place Probable Reason for Killing
ͻ July 3, 2010 ͻ Motives for his killing range from

ͻ Barangay Tuga, Tabuk, Kalinga his being a former media man, a
family land dispute and knowledge
of the activities of an alleged cattle
Short Facts rustling group in Kalinga.
ͻ At around 8:00PM, Jose Daguio

was shot inside his house while Status of Suspects
having dinner by an unidentified
man, using a shotgun. ͻ At large
Profession Status of Investigation
ͻ Commentator of local radio station ͻ A witness has surfaced which has
Radyo Natin and correspondent identified at least 5 people as
for Kalinga-‐based weekly suspects. The case is currently in
newspaper Guru Press preliminary investigation stage.
Case of Fernando Baldomero
ͻ July 5, 2010 ͻ Apart from being a local Bayan Muna

leader, Baldomero ran and won as
ͻ Barangay Estancia, Kalibo, Aklan municipal councillor under the Liberal
Party. He was also previously accused by
the military and the police of links with
Short Facts the communist rebels.
ͻ At around 6:30AM, as Fernando
Baldomero was about to bring his 12 Status of Suspects
year-‐old son to school, an
undidentified man approached ͻ At large
Baldomero and shot him dead in front
of his own son whom he tried to cover Status of Investigation
and protect.
ͻ Murder charges against primary suspect
Profession Dindo Lovon Ancero, 35, resident of
Malingin Bogo City, Cebu and several John
ͻ Town Councilor and Provincial Does have been filed before the Aklan
Coordinator for Aklan of Bayan Muna WƌŽǀŝŶĐŝĂůWƌŽƐĞĐƵƚŽƌ͛ƐKĨĨŝĐĞ͘
Case of Pascual Guevarra
ͻ July 9, 2010 ͻ Agrarian reform dispute over the

ͻ Barangay San Isidro, Laur, Nueva Ecija 3,100 hectares of agricultural land
inside the Fort Magsaysay military
Short Facts reservation in Nueva Ecija
ͻ At around 4:30PM, Pascual Guevarra, 78 was
shot by an unidentifed gunman in front of his Status of Suspects
family members as he was repairing their
kitchen inside their house in Barangay San
Isidro. His grandson, Ronnel Viloria, 18, tried ͻ At large
to help his grandfather but the gunman shot
and wounded him also. The gunman escaped
aboard a motorcycle driven by another man. Status of Investigation
Profession
ͻ Pending investigation
ͻ Farmer and Head of the local Agrarian ͻ No suspects have been identified
Reform Beneficiaries Association (ARBA),
Alyansa ng Magbubukid na Nagkakaisa 3100
and member of the Anakpawis party-‐list ͻ Military denies involvement
Case of Miguel Belen
ͻ July 9, 2010 ͻ Police are looking into politics and

ͻ Nabua, Camarines Sur robbery as possible motives in the
incident.
Short Facts Status of Suspects
ͻ On July 9, 2010, motorcycle-‐riding ͻ At large

men shot Belen while he was on
his way home to Francia village in Status of Investigation
Iriga City. Belen survived the attack
but later succumbed to the serious ͻ ĐĐŽƌĚŝŶŐƚŽWƌĞƐŝĚĞŶƚƋƵŝŶŽ͛Ɛ^KE͕
injuries suffered. a suspect has already been identified
by the police investigators.
Profession ͻ Pending investigation

ͻ Local broadcaster of radio station
ͻ No suspects have been identified
dwEB
Case of Mark Francisco
ͻ July 11, 2010 ͻ Alliance of Concerned Teachers
ͻ Sitio Umawas, Barangay Malibas, Palanas, party-‐list has been the target of a
Masbate vilification campaign since the
previous elections. The said party-‐
Short Facts list is considered to be a front for the
CPP/NPA/NDF
ͻ Mark Francisco, 27, was on his way home
on a motorcycle along with four other
teachers who were also on motorcycles Status of Suspects
when he was gunned down by two men
wearing ski masks and military fatigues
ͻ At large
wielding M-‐16 rifles at around 5 p.m.
Francisco died instantly.
Status of Investigation
Profession
ͻ Elementary School Teacher and member
of Alliance of Concerned Teachers Party-‐
list ͻ No suspects have been identified
Case of Josephine Estacio
ͻ Barangay Central, Masbate City, party-‐list has been the target of a
Short Facts list is considered to be a front for the
CPP/NPA/NDF
ͻ Josephine C. Estacio was shot dead in
front of the Tenejero Elementary
School at 7:20 a.m. as she alighted Status of Suspects
from a tricycle. The bonnet-‐wearing
assailants immediately fled from the ͻ At large
Scene.
Profession
ͻ Grade 1 Teacher and member of
Alliance of Concerned Teachers Party-‐
list ͻ No suspects have been identified
Case of Edgar Fernandez

ͻ Barangay Central, Masbate City, party-‐list has been the target of a
list is considered to be a front for the
Short Facts CPP/NPA/NDF
ͻ As Edgar Fernandez and his companion
were on their way home from Status of Suspects
Barangay Central, Masbate City,
Masbate, an unidentified man shot ͻ At large
them both killing Fernandez instantly
and wounding his companion.
Profession
ͻ Member of Alliance of Concerned
Teachers Party-‐list ͻ No suspects have been identified
Case of Edilberto Cruz
ͻ August 1, 2010 ͻ ĐĐŽƌĚŝŶŐƚŽƌƵǌ͛ǁŝĨĞ͕ƚŚĞĚĞĐĞĂƐĞĚ

was having an affair with a free-‐lance
ͻ Barangay San Juan Accfa, Cabanatuan radio announcer who was also slain in
City 2007.
Short Facts ͻ Police are also looking into the

possibility that the killing was related
ͻ Edilberto Cruz was on his way home on to his work as a journalist.
his motorcycle when he was ambushed
by an unidentified gunman. He
survived the ambush despite being Status of Suspects
shot several times but however died in
the hospital while undergoing ͻ At large
treatment.
Profession
ͻ Publisher and Editor of local
newspaper "Salida" ͻ No suspects have been identified
-‐tŚǇĐĂŶ͛ƚƚŚĞũƵĚŝĐŝĂůƉƌŽĐĞƐƐƐŽůǀĞŝƚ͍-‐
Judicial Conclusions
Statistically 1.05% Conviction ʹ (2000 to 2010)
Insufficiency of Evidence is the Number 1 Reason for Dismissal
Thirty-‐two percent of the cases remain unsolved
The Non-‐identification of the Assailants is the Main Reason why 61% of the
cases have Remained Unsolved
The Process Takes Too Long ʹ5 Years, 2 Months and 11 Days for a Case of
Extrajudicial Killing to undergo the Criminal Process.
Statistically 1.05% Conviction ʹ (2000 to 2010)
Succes per Judicial Stage
Cases that
Cases that Cases that
have
remained are still in are Cases that
unsolved and Prelim Provisionally are still
cold cases-‐ Investigation Dismissed undergoing
45% and because trial and
350 Dismissed in Accused is dismissed-‐
Fiscal Level-‐ still at large-‐ 96%
300 305 40% 2%
250
200
150 169
100 101 99
50 4
0
No. of No. of Cases No. of Cases No. of Cases No. of
Incidents Filed in the Prosecuted-‐ Tried in Conviction-‐
Prosecutor: 33.22% Court-‐32.52% 1.05%
56.29%
Insufficiency of Evidence is the Number 1 Reason for Dismissal
Common Causes for Case to be Dismissed in the Trial and
Prosecutorial Level
5% 5%
Insufficiency of Evidence to
17% 39% Implicate the Suspects
Assailants are unidentified
No Available Witnesses
34% Non-‐Cooperation of Material

Witnesses
Refusal of the Victim's Family to
Cooperate in the Investigation
Most of the Incidents are still Cold Cases
Status of the Incidents
Trial
21%
Total: 305
Preliminary Investigation
6%
Case Archived
Case Dismissed 8% Arraignment
16% 3%
Other
5%
Judgment
1%
Police Investigation Case Provisionally

12% Dismissed
1%
Case Remain Unsolved

32%
The Non-‐identification of the Assailants is the Main Reason why 61% of the cases
have Remained Unsolved
Common Causes for Case to Remain Unsolved
1%
Assailants are unidentified
4% 3%
12%
Accused is still At-‐Large
No Available Witnesses
19%
61%
Refusal of the Victim's Family to
Cooperate in the Investigation
Non-‐Cooperation of Material
Witnesses
Insufficiency of Evidence to
Implicate the Suspects
The Process Takes Too Long ʹ5 Years, 2 Months and 11 Days for a Case of Extrajudicial
Killing to undergo the Criminal Process.
Average Number of Days for Each Stage of the Trial
From Filing of Complaint
to Issuance of Resolution-‐
6 months and 29 days
From Filing of Information

to Arraignment-‐ 8 months
and 22 days
From Arraignment to Pre-‐

trial-‐ 3 months and 24
days
From Start of Trial(For
cases pending trial,
dismissed, or resolved)-‐ 3
years, 7 months and 25
days
Total Average: 5 years, 2 months and 11 days
Comparison of Recommendations
Melo Report Alston Report
Year Made 2006 2008
Coverage Philippines Philippines
Key Finding There are circumstantial evidence that The RP has shown itself willing and capable
indicate the military are perpetrators to address HR issues yet finds its measures
of EJK to address EJK wanting
Purge Theory Not True Not True
State Participation GMA was proactive about it Both the military and the police are
identified as EJK perpetrators
Key Strong and Resolute Political Will Elimination of EJK in counter-‐insurgency
Recommendations from the President operations
Prompt, impartial and effective Conviction of EJK perpetrators must be
investigation of EJK by a civilian achieved
agency Reform policy considerations for the
PNP must produce evidence strong criminal justice system
enough to secure a conviction ʹ not Reform and proper implementation of the
merely for probable cause witness protection program
Special team of prosecutors to Enactment of measures by the Supreme
handle EJK cases Court to ensure the effective prosecution of
Better witness protection EJK cases
Enactment of a law for chain of Safeguard human rights during peace
command responsibility processes
Promote independence and effectiveness
of the CHR
Analyzing the Convictions
Case of Jose Doton
Date of Incident/ Province
ͻ May 17, 2006, Pangasinan
Short Facts
ͻ About 10:30 AM of May 16 2006, armed men

suddenly attacked Jose Doton and Diosdado Doton
on their way home to Brgy. Camangaan, San Nicolas,
Pangasinan. Jose Doton was killed and his brother
was badly wounded. Prior to the shooting incident,
the Doton brother received death threats. Joel S.
Flores, the accused, was arrested by the Pangasinan
police for illegal possession of firearms, which turned
out to be the gun used in the killing of Jose Doton.
Profession
ͻ President, TIMMAWA(Tignayan dagiti Mannalon a

Mangwayawaya ti Agno), a peasant organization in
San Manuel, Pangasinan.
ͻ Victim was one of the key leaders of the struggle
against the construction of the San Roque Multi-‐
Purpose Dam in the boundary of Pangasinan and
Benguet provinces
Case of Jose Doton
Accused
ͻ Joel Flores
Profession of Accused
ͻ Member of the AFP
Date of Decision and Penalty imposed
ͻ May 30, 2008

ͻ Reclusion Perpetua and indemnity for liquidated
damages worth Php. 500,000.00
No. of days for Conviction
ͻ 1 year 10 months and 11 days
Probable Reason for Conviction
ͻ Immediate identification of the accused

ͻ Availability of the witnesses
ͻ Tracking of various watchgroups
ͻ Media attention to the case
Case of Marlene Esperat
ͻ 24 March 2005, Purok Ilang-‐ilang, Barangay New

Isabela, Tacurong City, Sultan Kudarat
Short Facts
ͻ On 24 March 2005, Marlene G. Esperat was shot

and killed in her home in Purok Ilang-‐ilang,
Barangay New Isabela, Tacurong City, Sultan
Kudarat while having dinner with her family.
Profession
ͻ Former employee of the Department of

Agriculture in Central Mindanao (DA-‐12) and
Midland Review, Tacurong City columnist
ͻ During her employment in the Department of

Agriculture (DA) Region 12 from 1987 to 2004,
she uncovered various cases of graft and corrupt
practices by public officials involving rampant
misuse of public funds intended for the
alleviation of marginalized farmers
Case of Marlene Esperat
Accused
ͻEstanislao Bismanos-‐Unidentified
ͻJerry Baguin Cabayag
ͻRowie Barua-‐Member of the 36th Military Intelligence Company
ͻRandy Fernandez Grecia
ͻOsmena Montaner-‐Unidentified
ͻEstrella Sabay-‐Chief Accountant of the Department of Agriculture,
Region 12
ͻSeptember 28, 2006

ͻOnly the following suspects were convicted with the penalty of
Reclusion Perpetua:
ͻEstanislao Bismanos
ͻJerry Baguin Cabayag
ͻRandy Fernandez Grecia
ͻThe accused Rowie Barua became a state witness and was acquitted
ͻThe case against the suspected masterminds Estrella Sabay and Osmeña
Montañer is still undergoing trial
ͻ1 year 5 months and 19 days
ͻCooperation by one of the suspects to become a state witness
ͻTransfer of Venue from Cotabato to Cebu City
ͻAvailability of the witnesses
ͻTracking of various watchgroups
ͻMedia attention to the case
Case of Armando Pace
ͻ July 18, 2006, Digos City, Davao del Sur.
Short Facts
ͻ On July 18, 2006, the victim, Armando Pace, was

shot in the head and chest by two motorcycle-‐
riding assailants while traveling home from work
on a busy street in Digos City, Davao del Sur.
Profession
ͻ Block Timer, Radio Commentator Of DXDS Radio

Ukay show entitled "Ukadyang"
ͻ His commentaries against local politicians and

his murder might have been in retribution for his
comments
Case of Armando Pace
Accused
ͻ Joy Anticamara Enggano
ͻ March 29, 2009,

ͻ Prision mayor to reclusion temporal
ͻ 2 years 7 months and 5 days
ͻ Availability of witnesses

ͻ Immediate identification of the accused by the
investigators
ͻ Availability of the Evidence
Case of Baron Cervantes
ͻ December 31, 2001, Alabang-‐Zapote Road in Las

Piñas
Short Facts
ͻ At about 6:00 p.m, Alabang-‐Zapote Road in Las

Piñas, the accused, Joseph Abad Mostrales, Jaime
Salvador Centeno, Erlindo Tateo Torres and Santiago
Camacho, members of the Police Force, gunned
down the victim, Baron Cervantes, inflicting on him,
mortal and fatal injuries which caused his direct
death.
Profession
ͻ Member of the PNP

ͻ Chairman of the Young Officers Union
ͻ Possible involvement in an alleged coup d'état

Case of Baron Cervantes
Accused
ͻRafael Cardeno-‐Philippine National Police Superintendent

ͻJoseph Abad Mostrales
ͻJaime Salvador Centeno
ͻErlindo Tateo Torres
ͻSantiago P. Camacho
ͻOn March 26, 2009, the court found Rafael Cardeno guilty
as principal of the crime of murder and sentence him to
reclusion perpetua.
No. of years for Conviction
ͻ4 years
ͻMedia attention to the case

ͻAvailability of witnesses
ͻImmediate identification of the accused by the
investigators
ͻAvailability of the Evidence
-‐ Six Pillars of Success-‐
;ϲ͛ƐͿ
Public
An Awareness
Independent
Aggressive and Availability A Dedicated An Impartial
Government Participation of Evidence Prosecutor Tribunal
Watchdog
Policy Recommendation-‐Conceptual Structure
FINDING ACCOUNTABILITY SUCCESS FACTORS PREVENTION
Measurement AN INDEPENDENT Measurement
Regular Monitoring WATCHDOG Regular Monitoring
Presidential Condemnation POCC

AFP Parallel
/JAGO Investigation
AGGRESSIVE Presidential Action Dedicated Task Force
GOVERNMENT
Truth Commission Was it a Govt NAPOL
Agenda Policy DND AFP PNP DOJ
Command Responsibility COM
Court Watch Evaluation and

IHR Grp in the General leads
Success of AFP
Case Watch
National PUBLIC AWARENESS AFP the Group
Commanders
Court Status
International and PARTICIPATION
Best Practices/Best
Policy ^Žů͛ŶƐ
Process Technology People Expert

ͻPNP/NBI ͻPNP/NBI ͻPNP/NBI AVAILABILITY OF
EVIDENCE
Investigation
Witness
Finding Them
Witness
Discovery Perpetuation
Protection
ͻ NGO ͻ DOJ
ͻ DOJ
Private Prosecutor
A DEDICATED
PROSECUTOR
DOJ Task Force/NBI Public Prosecutor
Dedicated Good Impartial
SC Admin Order 25-‐2007 Speed

AN IMPARTIAL
Venue Change Impartial
TRIBUNAL
Court Watch
Preliminary Project Recommendations
Pillar Task Objective Resources Organizations
Needed Needed
Standardize Definition of EJK Legal, Quality Control and
Establish measurements and Project Management Training
proper monitoring Create measurements CHR with NGO or Private Support
for CHR to be able to produce
AN INDEPENDENT CHR division for monitoring Regular Monitoring and reports standardized measurements
WATCHDOG
Standardize Definition of EJK Legal, Quality Control and
Project Management Training
Monthly Bulletin and Discussion Create measurements CHR with NGO or Private Support
for CHR to be able to produce
Regular Monitoring and reports standardized measurements
Recommend Policy
Review and Improve Process DOJ, PNP, DILG, AFP,
Create a New Inter Agency DOJ
Government Support NAPOLCOM, NBI, DND, CHR,
Task Force Investigate Cold Cases NGO, Media
Determine best practices
Presidential Message of Presidential Message and Policy PCOO, DND, AFP, NAPOLCOM,
Widespread Condemnation Show widespread condemnation Change PNP, DOJ
Implement administrative
investigation of responsible Show widespread condemnation AFP Chief of Staff Mandate AFP/JAGO
AGGRESSIVE persons
GOVERNMENT Reiterate Command

AO or EO from President OP
Responsibility Doctrine Create accountability on top
Determine whether it was an

Determine topmost
official government policy during Government Support Truth Commission
accountability
the previous administration
Ensure compliance of CHR

Include HR Compliance among directives Change in Evaluation of AFP and
evaluators for AFP and PNP CHR, AFP, PNP, Napolcom
Make known AFP and PNP PNP Personnel
personnel
adherence to HR directives
Needed Needed
Inform public of status of

cases Media, Feedback
Create a Public Awareness Inform of measures, Mechanism, Mass and
AWARENESS Campaign protocol and rules new media tools CHR, NGO
Collaborate with local (internet, web 2.0)
and international bodies
Improve investigation
Develop investigative and
capability Government Budget and
forensic expertise in the PNP, NBI, DOJ Task Force
Solve problems on manpower allocation
NBI / PNP
physical evidence
Develop availability of
witness programs ʹ DOJ Implementation
Availability of witness DOJ, Congress
witness protection
AVAILABILITY program
Congressional revision
OF EVIDENCE
Increase use of discovery Perpetuate witness
Training, Manuals DOJ Task Force
and perpetuation tools availability
Determine Effectivity of
Pilot in Pampanga NBI and PNP Task Force NBI, PNP, DOJ
Investigative Procedures
Needed Needed
Create a DOJ / Ensure Efficient

A DEDICATED DOJ Sec Order,
NBI clear and Speedy DOJ
PROSECUTOR DOJ Task Force
partnership Prosecution
SC Prioritize Change of Ensure speed and

A SPEEDY and Venue due to EJK impartiality with the SC
SC Resolution SC Administrator
IMPARTIAL Monitor and Report
Ensure speed and SC Resolution/ CHR
TRIBUNAL status of SC Admin Order
impartiality with the SC Report SC Administrator
25-‐2007
HOW IT WILL WORK
CHR-‐ CREATE STANDARD
MONTHLY REPORT
DOJ TASK FORCE-‐

USE IT FOR
PROSECUTION
AFP-‐USE IT FOR

EVALUATION OF
COMMANDERS
NO?
PNP-‐USE IT FOR

GOES INVESTIGATION
THRU
CHR-‐
MONTHL
CREATE DOCUMENT: SC COURT ADMINISTRATOR-‐
Y CHANGE USE IT FOR ASSIGNING CASES
STANDARD MONTHLY
DISCUSSI S?
MONTHLY REPORT
ON WITH
REPORT MEDIA/NGO-‐USE IT AS
STAKEHO BASIS FOR MONITORING
LDERS & AWARENESS
YES? MOVE FORWARD

Policy Recommendations Anchored on Reason
for Dismissal of Cases
Use Discovery
Procedures
Early On
Take Extra
Effort to
Identify the Institute a Proper
Mastermind No Available Witnesses Non-‐Cooperation of Implementation
Assailants are of the Witness
17% Material Witnesses
unidentified Protection
5%
34% Program
Other
10% Refusal of the Victim's Look into
Family to Cooperate in Transferring
Insufficiency of
the Investigation Venues to
Evidence to Implicate
5% Metro Manila
the Suspects
or Metro Cebu
39%
Improved Methods of

Gathering Evidence
Conclusion 1
Most victims are
from the left and Cases remain
most accused are unsolved
from the military
Prevalent During
the GMA Growing Trend
Administration
Human
EJK is Rampant in Will the Aquino
the Philippines Rights Govt Stop it
DISASTER
Conclusion 2
tŚǇĐĂŶ͛ƚǁĞƐŽůǀĞŝƚ͍
No No No
Physical Witness Conviction
Evidence
No No
No
Political Aggressive
Prevention
Will Govt
Conclusion 3
How do we solve it?
Create an Independent Watchdog
Implement Aggressive Government Policy Against It
Create Public Awareness and Participation
Develop Measures to Make Evidence Available
Ensure a Dedicated and Proactive Prosecution
Ensure and Impartial and Speedy Tribunal

Conclusion 4
Paradigm Shift
Conclusion 4
Paradigm Shift
Paranoia Injustice
Violence
Breeds hatred
Corruption
Chaos

Atty Al Parreno's Report On The Legal Audit of EJK Cases 2001 - 2010

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Atty Al Parreno's Report On The Legal Audit of EJK Cases 2001 - 2010

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EŽĞů͞Noli͟Capulong

ͻ May 27, 2006

ͻ On May 27, 2006, at around 6:00 PM, the

ͻ Deputy Secretary-­‐General of Bayan Muna

Probable Reason for Killing

ͻ Involvement in Activist Group Bayan Muna

Profession of Suspect

No. of days since

ͻ The case was dismissed by the City Prosecution

Reason for Dismissal

ͻ Information for the prosecution was only based

ͻ August 19, 2003

ͻ At about 6:45 pm of August 19, 2003, Noel

ͻ Senando Palumbarit and two (2) John

Profession of Suspect

ͻ Civilian police agent

No. of days since

ͻ 6 years 10 months

ͻ Case dismissed by the trial court

Reason for Dismissal

ͻ Witnesses were no longer interested in

Where is the problem?

How do we solve it?

How we did the study?

What we did not cover?

Involvement or Acquiescence of State Agents

Created a The Summaries This

Specifically who Motive or

Extrajudicial Killing Most of the Victims

State Actors Are The Rebels are also

50 Info not available

Elected Govt. Official

Profession of Victim

Other Public Officer

Public Officer Elected Govt. Official

Davao del Sur

Zamboanga del Norte

Surigao del Sur

No. Of Incidents No. Of Victims

No. Of Incidents Per President/Per Year

Presidents of the Philippines:

Arroyo's Term-­‐Rate per Month (Jan'05-­‐Dec'06)

The United Nations Representative Expressed Concern

The Commission on Human Rights Cannot Solve It

 Alston recognizes the

 Shock with the number

 P-­‐Noy Condemns EJK

 SONA Statements of P-­‐Noy:

Singkuwenta porsyento po ng mga insidente ng

Ang natitira pong kalahati ay hindi natin tatantanan ang

Pananagutin natin ang mga mamamatay-­‐tao.

 8 incidents of EJK since the President took office

Arroyo's 2nd Term-­‐Rate per Aquino's Term-­‐Rate per

ͻ July 3, 2010 ͻ Motives for his killing range from

ͻ At around 8:00PM, Jose Daguio

Profession Status of Investigation

ͻ July 5, 2010 ͻ Apart from being a local Bayan Muna

ͻ July 9, 2010 ͻ Agrarian reform dispute over the

ͻ July 9, 2010 ͻ Police are looking into politics and

Short Facts Status of Suspects

ͻ On July 9, 2010, motorcycle-­‐riding ͻ At large

Profession ͻ Pending investigation

ͻ Deputy Secretary-‐General of Bayan Muna

Arroyo's Term-‐Rate per Month (Jan'05-‐Dec'06)

Alston recognizes the

Shock with the number

P-‐Noy Condemns EJK

SONA Statements of P-‐Noy:

Pananagutin natin ang mga mamamatay-‐tao.

8 incidents of EJK since the President took office

Arroyo's 2nd Term-‐Rate per Aquino's Term-‐Rate per

ͻ On July 9, 2010, motorcycle-‐riding ͻ At large

ͻ August 1, 2010 ͻ ĐĐŽƌĚŝŶŐƚŽƌƵǌ͛ǁŝĨĞ͕ƚŚĞĚĞĐĞĂƐĞĚ

Thirty-‐two percent of the cases remain unsolved

34% Non-‐Cooperation of Material

From Arraignment to Pre-‐

ͻ 24 March 2005, Purok Ilang-‐ilang, Barangay New

ͻ December 31, 2001, Alabang-‐Zapote Road in Las

ͻ At about 6:00 p.m, Alabang-‐Zapote Road in Las

ͻRafael Cardeno-‐Philippine National Police Superintendent

SC Admin Order 25-‐2007 Speed

DOJ TASK FORCE-‐

AFP-‐USE IT FOR