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Atty Al Parreno's Report On The Legal Audit of EJK Cases 2001 - 2010
Atty Al Parreno's Report On The Legal Audit of EJK Cases 2001 - 2010
ĂƐĞŽĨEŽĞů͞Noli͟Capulong
Date of Incident/ Place
Short Facts
Profession
ͻ Alfred Alinsunurin
ͻ Unidentified
ͻ 4 years 2 months
Case Status
Short Facts
Profession
ͻ Commentator in the local DZRJ
Radio
ͻ Writer for the local newspaper
Laguna Score
Case of Noel Villarante
Suspects
Case Status
Current Sentiments
Maguindanao
Focus on IBP and
was not included
DOJ Data
in the numbers
What is the Problem?
Problem Statements
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
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
What is the Problem?
Most of the Victims Are Members or Officers of Activist Groups
Total: 837
CAFGU
Public Officer 1% Elected Govt. Official
1% 1%
Rebel
12%
Police
9%
Unidentified Armed
Military Men
57%
19%
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
What is the Problem?
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%
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
What is the Problem?
State Actors Are Involved?
Total: 837
Rebel
12%
Unidentified Armed
Men
57%
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
-‐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
-‐Where is the Problem?-‐
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
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
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-‐
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
-‐Where is the Problem?-‐
Rate of Killings: GMA Jan-‐Oct 2006
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
-‐Where is the Problem?-‐
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
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
Current Sentiments
The Aquino Administration Has Stated It Will Take Action Against It
-‐Current Sentiments-‐
The United Nations Representative Expressed Concern
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 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.
EJK in Aquino Admintration
Case of Fernando Baldomero
Date of Incident/ Place Probable Reason for Killing
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
EJK in Aquino Admintration
Case of Miguel Belen
Date of Incident/ Place Probable Reason for Killing
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.
-‐tŚLJĐĂŶ͛ƚƚŚĞũƵĚŝĐŝĂůƉƌŽĐĞƐƐƐŽůǀĞŝƚ͍-‐
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%
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
-‐tŚLJĐĂŶ͛ƚƚŚĞũƵĚŝĐŝĂůƉƌŽĐĞƐƐƐŽůǀĞŝƚ͍-‐
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
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
-‐tŚLJĐĂŶ͛ƚƚŚĞũƵĚŝĐŝĂůƉƌŽĐĞƐƐƐŽůǀĞŝƚ͍-‐
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%
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
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
-‐tŚLJĐĂŶ͛ƚƚŚĞũƵĚŝĐŝĂůƉƌŽĐĞƐƐƐŽůǀĞŝƚ͍-‐
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
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
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
Short Facts
Profession
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
Analyzing the Convictions
Case of Jose Doton
Accused
ͻ Joel Flores
Short Facts
Profession
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
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
Analyzing the Convictions
Case of Armando Pace
Date of Incident/ Place
Short Facts
Profession
Short Facts
Profession
ͻOn March 26, 2009, the court found Rafael Cardeno guilty
as principal of the crime of murder and sentence him to
reclusion perpetua.
ͻ4 years
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
Court Status
International and PARTICIPATION
Best Practices/Best
Policy ^Žů͛ŶƐ
Witness
Discovery Perpetuation
Protection
ͻ NGO ͻ DOJ
ͻ DOJ
Private Prosecutor
A DEDICATED
PROSECUTOR
DOJ Task Force/NBI Public Prosecutor
Dedicated Good Impartial
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
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
Preliminary Project Recommendations
Pillar Task Objective Resources Organizations
Needed Needed
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
Paranoia Injustice
Violence
Breeds hatred
Corruption
Chaos