TASK FORCE 211: REVIEW OF MANDATE AND ACCOMPLISHMENTS (November 2007 July 2010)

I. TASK FORCE 211 MANDATE: The Task Force 211 was created on 26 November 2007 when President Gloria Macapagal- Arroyo signed into law Administrative Order 211. The Task Force Against Political Violence, more popularly known as Task Force 211 or TF 211 was tasked to craft measures that will thwart further political and related violence in the country. TF 211 is mandated to harness and mobilize government agencies, political groups, the religious, civil society and sectoral organizations and the public for the following purposes, namely: 1. The prevention, investigation, prosecution, and punishment of political violence; 2. The care and protection of people and communities victimized and threatened with violence; and 3. The promotion of a culture opposed to violence and for the advancement of reconciliation and peace. The Task Force handles cases on media killings, political violence, and extrajudicial killings (EJKs). TF 211 is composed of representatives from the following government departments and agencies: Department of Justice (DOJ) Department of National Defense (DND) Department of Interior and Local Government (DILG) Office of the National Security Adviser (ONSA) Office of the Political Adviser (OPA) Office of the Presidential Adviser on Peace Processs (OPAPP) Presidential Human Rights Committee (PHRC)
1

Philippine Information Agency (PIA)

The Armed Forces of the Philippines (AFP), Philippine National Police (PNP), National Intelligence Coordinating Agency (NICA), and National Bureau of Investigation (NBI) actively support and participate in the Task Forces operations. The members of TF 211 elected from among themselves a Head for the Operations Group. Supervising Presidential Staff Yusoph D. Mama II is currently executive officer or Head of Operations. TF 211 adheres to the three ethical guidelines of transparency, focus and responsibility.

II. SUMMARY OF ACCOMPLISHMENTS DURING THE CHAIRMANSHIP OF UNDERSECRETARY RICARDO R. BLANCAFLOR A. Case Operations: During the tenure of Justice Undersecretary Blancaflor as TF 211 Chairman, from 27 November 2007 to 22 January 2010, the Task Force has handled more than two hundred (200) cases. Of these, fifty-three (53) cases have moved/ progressed through the justice system. Four (4) convictions have been secured, namely in the killings of Bayan Muna Secretary General Jose Doton, Young Officers Union Spokesman Baron Cervantes, and media men Armando Pace and Klein Cantoneros. Of the fifty-three (53) cases that have moved/ progressed through the justice system: three (3) of these cases were activated, in two (2) of these cases the accused was located, in three (3) of these cases the accused was finally arrested/ surrendered, twelve (12) of these cases were adjudicated by the Courts, seventeen (17) of these cases were filed in Court and sixteen (16) of these cases were dismissed. These fifty-three (53) cases do not include the number of murder and rebellion cases stemming from the Maguindanao Massacre, some of which have been filed in court and some still pending before the prosecutors office.

B. The Maguindanao Massacre Case: With regard to the Maguindanao Massacre, the Task Force believes that it was an isolated incident. While members of the media were among the victims, the cases

ensuing form the massacre are election-related and do not fall strictly under media killings. However, TF 211 closely monitors the development of the Maguindanao Massacre case just the same, as well as continuously communicating with the families and dependents of the victims.

III.

SUMMARY OF ACCOMPLISHMENTS DURING THE CHAIRMANSHIP OF UNDERSECRETARY IAN NORMAN E. DATO

A. Case Operations: Since Undersecretary Datos assumption of office, we have experienced five (5) media killings cases. The Task Force has taken necessary measures to investigate and coordinate with authorities regarding the resolution of these cases. These cases are the following: Name of Victim Chito Abuzo Place and Time of Incident March 13, 2010; General Santos City June 14, 2010; Mati City, Davao Oriental Action Taken by Task Force 211 Task Force 211 has coordinated with local police and found out that the killing is not work related. A Press Release was posted on TF211 website informing the public about the circumstances of this case. TF 211 is coordinating with TF Usig regarding the resolution and investigation of these cases. A case for Murder was filed against PO1 DENNIS JESS ESTEBAN LUMIKID, PNP personnel assigned at Manay Police Station, Davao Oriental Police Provincial Office and Barangay Chairman ROMEO S. ANTOLING, JR. of Barangay Old Macopa, Manay, Davao Oriental before the Prosecutors Office in Mati City. Task Force 211 is assisting in the continuing investigation of the case.

Desidario Camangyan

Joselito Agustin

June 2010; Norte

15, Task Force Secretariat coordinated with PNP Regional Ilocos Director Constante Jonboy Azares (Region 1) regarding the investigation of the case. The Regional PNP provided TF 211 with pertinent records and reported that a case for murder was filed against Bacarra, Ilocos Norte Vice Mayor-elect Pacifico Velasco. Task Force 211 is assisting in the continuing investigation of the case.
3

Nestor Bedolido

Jose Daguio

June 19, A case for Murder was filed against ARTEMIO 2010; Davao TIMOSAN a.k.a. Dokdok Timosan, RITCHIE del Norte MIRAFUENTES a.k.a. Boyet Mirafuentes and one (1) John Doe before the Prosecutors Office in Digos City. Task Force 211 is assisting in the continuing investigation of the case. July 03, Task Force 211 sent team to investigate the case. 2010; Kalinga Province

B. The Maguindanao Massacre Victims Benefit Fund: The Maguindanao Massacre Benefit Fund is a commitment entered between the Federation of Philippine Industries and the Secretary of Justice with the concept of establishing a fund for the benefit of the families of the victims of the Maguindanao Massacre, to finance the schooling and medical expenses of the bereaved families, as well as establish livelihood and other programs for their benefit. Through the leadership of Justice Undersecretary Dato, Task Force 211 provided technical facilitation in order to apprise the dependents of the Maguindanao victims of the mechanics of the Benefit Fund as well as assist the Federation of Philippine Industries of the Funds orderly distribution. On 29 June 2010, an initial thirty-two (32) pre-identified legitimate heirs and beneficiaries of the Maguindanao Massacre victims were convened in General Santos City to receive their initial cash grant of Php 50,000.00 per family. The ceremony was witnessed by the attendance of the FPI Chairman Jesus Arranza, local government officials, DOJ personnel, concerned NGOs and the dependents/ beneficiaries. The next batch of family-beneficiaries is currently being processed.

C. Continuing Upgrades of TF 211 Methodology: From a tradition of excellence initiated by the preceding TF 211 Chairman, the present leadership of the Task Force continues to link arms and build bridges with all levels of society. The Task Forces efforts in this arena include: a.) Providing assistance to and gaining the trust and confidence of victims families. b.) Partnership with media groups and NGOs
4

c.) Partnerships with law schools d.) Forums and seminar-workshops e.) National database for all cases and incidents f.) Transparency to the public g.) Transparency to and correspondence with the United Nations

It is noteworthy to mention at this point the following statement from United Nations Special Rapporteur Prof. Philip Alston, delivered on 29 April 2009 report to the UN Human Rights Council (emphasis added by TF211): According to the Government, the Philippines has seen only one conviction in the period 2007-2008 in cases involving extrajudicial executions. The recent arrest of Private First Class De La Cruz, accused of murdering activist Ricardo Ramos in 2005 is a positive step to the right direction... Through the efforts of Task Force 211, the inter-agency task force against political violence created by the President in November 2007, there has also been progress in investigations and charges filed in at least four recent cases involving killings of members of the media.

IV. CASES STILL UNDER TASK FORCE 211 COVERAGE The number of media killings cases Task Force 211 monitors is forty-eight (48), including the recent 4 media killings. 13 cases have been terminated on the merits; 9 of which resulted in convictions (2 during the existence of Task Force 211) to wit: 1. Armando Pace (DXDS Radio Blocktimer) Accused Joy Anticamara was found guilty of homicide and sentenced to suffer reclusion temporal. 2. Klein Cantoneros (DXAA Radio Commentator) Judgement was promulgated finding accused Robert Woo guilty as an accomplice in the murder of the victim. V. LIMITATIONS: Despite and in spite of the Task Forces actions, extrajudicial killings persist in the country. This is not because of the Task Forces impotence, but because it can only do so much in the face of a huge problem, a problem that cannot be blamed on one institution. This problem is an amalgam of shortcomings from both the government and society.
5

For example, a perusal of the last five acquittals of cases handled by TF 211 shows an apparent common trend: the inability of the government to present supporting evidence to secure a conviction. Another example: although the Task Force reaches out to society as represented by NGOs, the academe, and the media through formal partnerships and various fora, the Task Forces efforts have not been getting warm responses for the most part. The media, for example, rarely followed up their initial articles on Task Forcehandled crimes with information on case developments/ resolutions, thereby denying TF 211 the venue to spread the positive news to the public. In some cases, groups or persons chose to withhold vital information from TF 211, leading to the weakening or outright dismissal of cases. One could surmise that these entities did not want to help in cases resolution, or that they knew that they did not have a strong case to stand on anyway. With regard to the ILO/trade union cases handled by the Task Force, the incidents happened way long before TF 211s creation. Hence when the Task Force came into the picture, it was too late to breathe life into the cases- witnesses were nowhere to be found, and the evidence was already far removed from the scene and time of the crime, etc. Also, in some cases it was merely incidental that the victim was a member of a trade union, and the killing did not actually fall into TF 211s domain. Without the active support of society and an entire focused justice system, the Task Forces mandate will prove to be way beyond the capabilities of the structure. The various sectors of society, especially the media, need to thaw their indifference to the governments positive efforts, while the government, on the other hand, needs to be more efficient in dealing with EJK cases so as to gain more trust and goodwill of the populace.