Campaign Committee: Justice for Eden and Eddie

Main  About Us  Events  Updates  Press Statement   Urgent Action  Links

Campaign Committee: Justice for Eden and Eddie
National Fact Finding Mission in Oriental Mindoro
8-11 May 2003

I. The National Fact Finding Mission in Oriental Mindoro

On April 22, 2003, the dead bodies of EDEN MARCELLANA, secretary general of the Alyansa para sa Pagsusulong ng Karapatang Pantao sa Timog Katagalugan (KARAPATAN-ST), and EDDIE GUMANOY, chairperson of the Kalipunan ng mga Magsasaka sa Timog Katagalugan (KASAMA-TK), were found in Bgy. Alcadesma, Bansud, Oriental Mindoro. Heavily armed men along the nautical highway in Bgy. Barcenaga, Naujan, Mindoro Oriental abducted them the night before.

Along with nine other volunteers from other mass organizations Anakbayan, League of Filipino Students (LFS), Anakpawis, PAMANTIK-KMU as well as ST Exposure comprising the KARAPATAN-led quick response team (QRT), Marcellana and Gumanoy were in Oriental Mindoro to investigate new reports of illegal arrests, arbitrary detention, and other cases of human rights violations in the province.

The "Campaign Committee: Justice for Eden and Eddie" (Campaign Committee) was formed to coordinate investigative and other activities in support of Southern Tagalog-based people's organizations' quest for truth and justice for the victims of human rights violations in Oriental Mindoro, foremost of whom are human rights worker Eden Marcellana and peasant leader Eddie Gumanoy. In this regard, a National Fact Finding Mission (NFFM) was held on May 8-11, 2003.

The NFFM was conducted in coordination with the TASK FORCE MINDORO headed by Department of Justice (DOJ) Undersecretary JOSE CALIDA, and the HOUSE OF REPRESENTATIVES COMMITTEE ON CIVIL, POLITICAL AND HUMAN RIGHTS through Rep. SATUR OCAMPO.

The NFFM was composed of 132 participants from different churches and religious congregations, human rights groups, NGOs and people's organizations at the national level and from the Southern Tagalog region. (A complete list of the participating individuals and organizations are hereto attached.)

Bayan Muna Rep. Ocampo and Karapatan Deputy Secretary General Dani Beltran led the NFFM delegation. The Public Interest Law Center (PILC), through lawyers Edre Olalia and Jason Lamchek, provided legal advice and supervision.

II. Objectives of the Mission

The NFFM had the following objectives:

1. To conduct an on-site ocular inspection of the relevant places and re-enactment of the main events relating to the kidnapping of the 11 members of the Karapatan-led QRT and the subsequent double murder of Marcellana and Gumanoy in order to check, verify and supplement earlier testimonial accounts and reports on the incident;

2. To complete and systematize the documentation of all incidents and circumstances relevant to the case;

3. To follow up important leads uncovered in the initial investigations undertaken by the Campaign Committee;

4. To conduct a follow-up investigation and documentation of the continuing human rights violations allegedly perpetrated by elements of the 204th Infantry Brigade of the 2nd Infantry Division of the Philippine Army (204thIBPA).

III. Methodology

The NFFM staged six (6) re-enactments combined with ocular inspections and interviews of identified and potential witnesses. The nine (9) witnesses-survivors -- both individually and collectively -- recalled, retraced, reconstructed and recounted their experiences, impressions and recollections on what transpired at the following sites on the subject dates:

· 204th IBPA headquarters in Bgy. Pinagsabangan II, Naujan which the QRT visited;

· the bus terminal in Pinamalayan where the QRT took the passenger van bound for Calapan;

· the kidnapping site in Bgy. Barcenaga, Naujan;

· the route from the kidnapping site to the place where six (6) of the eleven (11) QRT members were left in Bgy. Loyal, Victoria;

· a private compound in Bgy. Salcedo, Bansud, reportedly being used by the military for covert operations and possibly the place where the other five (5) of the eleven (11) QRT members were brought; and

· the grassy area beside the municipal road in Bgy. Alcadesma, Bansud where the dead bodies of Marcellana and Gumanoy were dumped and eventually found.

Different role-players carried out the re-enactments. The witnesses' roles were assumed by the nine (9) survivors themselves; VIRGILIO "King" ALOBA CATOY II, FRANCIS "Kiko" ROXAS SAEZ, MARLVIN LAGATIJA JOCSON, CHRISTOPHER "Tope" ABATA DE LARA, JESSIE SEGURA PADILLA, MARK EMIL SUVA, JOSELITO LARA FABELLA, JOSEPHINE G. MUSICO and CHRISTINE "Tintin" SAN DIEGO DELA CRUZ.

Other NFFM participants played the parts of Marcellana and Gumanoy; the van driver Nomer Marabe; other passengers such as ZOSIMO GRIPON, YOLLY MANZANO and four (4) other unidentified passengers who alighted at various points; QRT informants such as Nanay FE DIMARANAN, Bgy. Capt. AQUILINO "Kapitan" MORONG, the barangay kagawad; and the armed men who perpetrated the kidnapping/murders.

The PILC facilitated the ocular inspection, reenactments and process of recollection, retracing, and reconstruction by the witnesses of what transpired and where they were brought while a documentation team ensured a blow-by-blow video, photo, tape recorder and written account of the whole process. (A summary of the chronology and major points of the re-enactment are hereto attached. Please refer to video documentary and still photos pertinent hereto.)
Three (3) other sets of documentation teams independently and simultaneously conducted on-site interviews, ocular inspections and gathering of documents and object evidence within the immediate surrounding areas of the re-enactment points.

At or near the points of re-enactment, object evidence that may be material and relevant to the case were also carefully handled, documented, identified, preserved and safeguarded by the NFFM. (Pls. refer to inventory and the object evidence pertinent hereto.)

Community investigations, interviews with named and unnamed witnesses, procurement of relevant documents and dialogues with Deputy Brigade Commander Col. JUANITO GOMEZ and other elements of the 204th IBPA, Mayor ROMEO ALVAREZ and other local government officials, municipal health officer Dr. PRECIOSA SOLLER, and local police officers of Gloria and Bansud towns (Bgy. Captain ERNIE ENRIQUEZ, INSP. RAMON GONZALES SOLAS, POLICE CPT, MORADA, PO3 EDUARDO ILAGAN etc.) were also undertaken by the NFFM.

The National Council of Churches in the Philippines (NCCP), KODAO Phils., and Southern Tagalog EXPOSURE (ST-Exposure) undertook the photo and video documentation.

IV. The NFFM Findings

The NFFM re-traced the movements of the QRT who went to Oriental Mindoro on April 19, 2003 to investigate alleged cases of human rights violations in the municipalities of Gloria and Pinamalayan. The NFFM sought to verify the testimonies of the nine (9) witnesses-survivors of their kidnapping and of the kidnapping/murders of Eden Marcellana and Eddie Gumanoy on April 21-22, 2003.

The NFFM went to the 204th IBPA headquarters and barangays Barcenaga in Naujan, Loyal in Victoria, Gloria town, and Salcedo and Alcadesma in Bansud. The NFFM conducted interviews and dialogues with the officers and elements of the 204th IBPA, the local government officials in Oriental Mindoro, the municipal health officer and policemen in Bansud.

The process of re-enactment validated and strengthened the testimonies of the nine witnesses-survivors and enhanced further their recollections and impressions of the places and persons involved. Details of their account of their kidnapping and the killing of Marcellana and Gumanoy were further investigated or verified. Pieces of evidence that may further shed light on the circumstances were found. The testimonies of residents and local government officials served to counter-check the accounts of the witnesses-survivors. The NFFM findings will provide stronger and further leads for the ongoing investigation on the killing of Marcellana and Gumanoy, and other cases of human rights violations in Oriental Mindoro.

The NFFM reached the following findings:

1. Marcellana and Gumanoy were summarily executed.

2. There are strong indications that the kidnapping of the 11 members of the QRT and the summary execution of Marcellana and Gumanoy by armed men posing as supposed members of a vigilante group could be the handiwork of military personnel under the 204th IBPA.

3. Aniano "Silver" Flores, a notorious rebel returnee and wanted for the murder of Bayan-Mindoro Oriental Secretary-General Edilberto "Choi" Napoles, is one of the perpetrators of the kidnapping-murder being investigated.

4. The premeditated killings of Marcellana and Gumanoy and the string of grievous human rights violations allegedly perpetrated by the 204th IBPA under the command of Col. Jovito Palparan in the last two years all fall within the policy of state terrorism ("all-out war") which is being implemented with brazenness in Mindoro Oriental. The policy is directed against unarmed, militant organizations and civilians falsely accused by the AFP of colluding with, sympathizing and supporting the NPA.

5. The military has shown blatant disregard for civilian authority and, in possible collusion with local and police officials, had and continues to cover-up or suppress evidence in this case and other human rights violations in the province.

6. The Mindoreños are terrorized by the mere presence of the military.

1. Marcellana and Gumanoy were summarily executed.

The 11 members of the QRT were kidnapped in Naujan, and brought to Victoria where Marcellana and Gumanoy were separated from their companions the night of April 21, 2003. Their bloodied remains were found the following day in Bansud. Gunshot wounds in the head caused their deaths. The report of the municipal health officer who examined the cadavers of the two victims indicates that they were shot at close range. (Pls. refer to the medical report pertinent hereto.)

No "Alsa Masa" or similar vigilante groups are known to operate in Oriental Mindoro. PNP Provincial Director C/Supt. VOLTAIRE CALZADO, 204th IBPA Deputy Commander Col. Gomez and local government officials are one in saying that no other well-organized armed group exists in Mindoro aside from the New People's Army, the PNP, the AFP and CAFGUs under its command and supervision. (Cf. 13 May 2003 Hearing, House Committee on Human, Civil and Political Rights.)

It is also common knowledge among the people living in the towns of Naujan, Victoria, Pinamalayan, Gloria, Bansud and Bongabong that elements of the 204th IBPA and their various units operate out of uniform or in civilian clothes. On certain occasions, soldiers in uniform but with their nametags removed and with bonnets covering their faces conduct military operations. As a case in point, the military personnel dispatched by the 204th IBPA to arrest a certain ROGER SALES in Bgy. Tambong, Gloria on April 20, 2003 -- the same soldiers who figured in the mauling of several barangay officials and the disarming of a responding police officer -- were all out of uniform.

It strains credulity that the abductors (who declared themselves to the victims as "Alsa Masa") can brazenly set up a roadblock on a major highway, forcibly detain the 11-member QRT for several hours and casually move around the six towns mentioned, with their high-powered rifles to boot, without caching the attention of any units of the 204th IBPA scattered all over Oriental Mindoro and their prodigious network of civilian spies and other military assets. Consider the statements of Col. Jovito Palparan, erstwhile head of the 204th IB, who claims that the province has become "peaceful" because of the heavy military presence and sustained military operations. (Cf. 13 May 2003 Hearing, House Committee on Human, Civil and Political Rights.)

In addition, we take into account the testimony of Col. Juanito Gomez, Palparan's replacement, at the hearing of the HOR Committee on Civil, Political and Human Rights that those particular towns which were the scene of the crime under investigation, are the military's "priority areas of operation". (Cf. 13 May 2003 Hearing, House Committee on Human, Civil and Political Rights.) According to witnesses, the high-powered firearms and the vehicles used in the kidnapping are of the same type that AFP personnel are known to use.

Marcellana was definitely the premeditated target of attack by the armed abductors. The first and most persistent question posed by the abductors to the passengers of the van was "Sino si Eden Marcellana?" Moreover, someone who was not physically present with the abductors the night of April 21 was giving orders as to who will be executed, where and how. (Cf. 5 May 2003 Affidavits of survivors-witnesses.)

Eden Marcellana, in the course of her work as Karapatan-ST Secretary General, was often at odds with the officials of the AFP Southern Luzon Command, especially in highly militarized provinces such as Laguna and Mindoro Oriental. In fact she had already gone public many times testifying to the human rights abuses perpetrated by the AFP in the Southern Tagalog region.

Marcellana, in behalf of various groups, was set to oppose at the Commission on Appointments the promotion by Malacañang of Col. Palparan to brigadier general. Even after Marcellana's murder, Col. Palparan was candid enough to admit to a Philippine Daily Inquirer reporter that she was a "problem" to the military. Col. Gomez reportedly told the mayor who invited Marcellana and the Karapatan-led QRT to his town, "Pauwiin na 'yan. Nanggugulo lang ang mga yan dito." (Cf. 5 May 2003 Affidavits of survivors-witnesses.)

Then, the kidnapping and murders.

The "Alsa Masa" self-identification announced by the abductors to their victims appears intended to mislead investigators, hide the real identities of the perpetrators, clear the AFP of any responsibility for wrongdoing and absolve the masterminds in this conspiracy to commit murder.

Indeed, in addition to the above, there are various nagging indications that would point to the culpability or responsibility of the military in this Marcellana-Gumanoy case. Based on a holistic evaluation of the testimonies of the survivors-witnesses, an ocular inspection of the re-enactment sites, the object evidence gathered therein, and the antecedent facts and circumstances surrounding the incident, these indications point to the motive, opportunity and capability of the military to perpetrate this crime.

In sum, these would further include the systematic surveillance and harassment of the members of the QRT prior to their kidnapping; the high-powered firearms used; the snappy and military precision of the execution of the kidnapping; the persistent and recurring documented charges of human rights violations against the 204th IB; the consistent and brazen demonization and inducement of attacks by the military --principally by Col. Palparan-- in Mindoro against members of mass organizations like Karapatan, Bayan Muna and Bayan; the use of 2-way radios and the overheard communications with military officers; the object evidence recovered at the sites of the re-enactment including military materiel; and the positive identification of rebel-returnees turned military assets in the kidnappings. (cf. Affidavits of 9 survivors-witnesses dated 5 May 2003 and Fact-sheets in this regard.)

ANIANO "Silver" FLORES was positively identified by at least two of the nine witnesses-survivors as one of the heavily armed men they saw when the van they were riding in stopped at Bgy. Loyal, Victoria. Here, Marcellana and Gumanoy and three others were brought to a passenger-type jeepney. We take note that Silver was one of the rebel returnees presented by Col. Palparan to President Macapagal-Arroyo during her visit to Oriental Mindoro in 2001. Silver, along with LARRY APARATO, has been charged with the killing of EDILBERTO "Choi" NAPOLES, secretary general of Bayan-Mindoro Oriental. Silver presumably has a standing warrant of arrest, which could not be served because he is reportedly being coddled by the military. Various accounts demonstrate that he is reported to be often seen in the company of elements of the 204th IBPA.

The series of killings, enforced disappearances, illegal arrests and displacements of entire communities in Oriental Mindoro has established an undeniable pattern: the perpetrators purposefully hide their identities, some by wearing masks or bonnets and civilian clothes; they use high-powered rifles or handguns, similar to if not the same as those issued to the military; they appear to have undergone some form of combat training as evidenced by the way they conduct themselves during their operations.

The 32 victims of summary execution in the province were all labeled as "NPA members" or "sympathizers" by the military. Many more activists are in an AFP "order of battle" and are the objects of red baiting and a smear campaign conducted at the barangay, town as well as provincial level. They have been forced to close the offices of their respective organizations and leave the province at some point.

An overwhelming majority of the victims of human rights violations in the province were or are active members of progressive and militant organizations, which Col. Palparan regards as part of the "insurgency problem." He later presented his formula in addressing this "problem." In one of the series of Congressional hearings, he said simply yet ominously, "we reduce their number." (Cf. 5 May 2003 Hearing, House Committee on Human, Civil and Political Rights Hearing.)

Even after he was relieved of his command, Col. Palparan continues to have knowledge of the overt and covert operations of his former men. A certain M/Sgt. DONALD CAIGAS, who was discovered to be directly involved in the Tambong mauling case together with other elements of the 204th IBPA (including SGT. ALEX CORRES AND SGT. EXPIRIDION MARTELLANO), is still directly reporting to and getting orders from Col. Palparan. Col. Gomez later admitted in the HOR hearings that the loyalty of Col. Palparan's men remains with the latter. (Cf. 13 May 2003 Hearing, House Committee on Human, Civil and Political Rights.) While witnesses' accounts of the arbitrary arrest and detention of three civilians in Buong Lupa point to Col. Palparan as the direct perpetrator, it is also clear that the actuations of Palparan's subordinates like M/Sgt. Caigas' and those of military assets such as Silver do not escape the knowledge and perhaps even the supervision of their former commander.

5. The military has shown blatant disregard for civilian authority and, in possible collusion with local and police officials, has and continues to cover-up or suppress evidence in this case and other cases of human rights violations in the province.

The mauling of a barangay captain and other residents, and the disarming of a local policeman by a group of military men headed by M/Sgt. Caigas in Bgy. Tambong, Gloria clearly reflects the military's lording it over civilian authorities in Oriental Mindoro.

There is a persistent threat of bodily harm to local government officials not cooperative with the AFP's militarist approach to the "insurgency". Some of those who dared challenge such policies were killed. EXPEDITO ALBARILLO, a barangay kagawad of San Teodoro was one such victim. Mayor Alvarez of Gloria town expressed his professed fear of being harassed by the military because of his critical attitude and comments towards Col. Palparan and the 204th IBPA. In a meeting at the brigade headquarters, Naujan Vice Mayor JUVY MAGSINO was treated by Col. Palparan to what the local official considers a veiled threat. "I'll be watching you," Col. Palparan said.

In the course of the investigation of the Task Force of the DOJ itself, dilly-dallying, lame excuses and dubious actuations characterized the behavior of the officers and men of the 204th IB.

6. The Mindoreños are terrorized by the mere presence of the military.

Ordinary peasants in various barangays are afraid of being accused, abducted and forced to admit that they are "NPA supporters." Many can no longer regularly go to their farms in the mountains for fear of harassment by the military. Even non-members of people's organizations in the barrios are not spared from abduction, maltreatment and other such military abuse. The sight of owner-type military jeepneys, vehicles with men armed with high-powered rifles, and heavily armed military men patrolling their area are enough to traumatize children, families and communities affected by the intensifying militarization in Oriental Mindoro.

With the heavy presence of the AFP, specifically the 204th IBPA with its track record of abusive behavior, there can be no rule of law for the people in Oriental Mindoro.

Marcellana and Gumanoy were considered publicly by Col. Palparan himself to be part and parcel of the government's problem on insurgency. But they were denied their right to due process, to defend themselves from the unwarranted accusations of the military. Like the other "problems" of Col. Palparan, they were killed in an extra-judicial manner. They were silenced permanently.

Col. Palparan was so sure that MARTIN DELA SERNA, GILBERT RABBI and ROLANDO SADIWA, were part of the NPA ambush that wounded him in Puerto Galera last year. Without a warrant of arrest, Col. Palparan himself "invited" the three to his headquarters on April 13, 2003. Col. Palparan could have turned over their suspects to the proper authorities for investigation and prosecution if warranted by evidence, but he did not. Dela Serna and Rabbi were detained by the military for more than three weeks at the 204th IB headquarters. No protection of the law was accorded dela Serna and Rabbi as they were forced to admit the accusations of the military. The QRT led by Marcellana and Gumanoy attempted to inquire into the situation of the three detainees but they failed to do so. It was only through the intercession of the NFFM that the two were eventually released to their families. (Incredibly, Col. Gomez earlier said that he had to get the clearance of his subordinate, CAPT. DENNIS GUTIERREZ, to order the release of the detainees.)

In conclusion, these findings -- coupled with the emergence of "community investigating teams" to intimidate the residents in the abduction site; the continuing human rights violations especially in the "priority areas of operation" of the 204th IBPA; the apparent impunity enjoyed by Col. Palparan's trusted men like M/Sgt. Donald Caigas and military asset, Aniano "Silver" Flores; and Col. Palparan's promotion to general despite recurring unanswered charges of serious human rights violations perpetrated by him and the men under his command -- expose the government's continuing policy of state terrorism directed at the civilian population and progressive organizations like Bayan, Bayan Muna, and Karapatan in Oriental Mindoro.

The AFP Chief of Staff's order to relieve Col. Palparan from his command did not even bring a sigh of relief to the numerous victims of military atrocities in Oriental Mindoro. There is sufficient reason to suspect that Col. Palparan is still very much in command of the officers and men of the 204th IBPA who are even now engaged in the cover-up of the crimes of abduction of the Karapatan-led QRT and the Eden/Eddie double murder together with other unsolved political killings in the province. Col. Gomez' public admission that he is just a "decoration" at the headquarters and that the loyalty of his men remains with Col. Palparan is a glaring testimony to this fact. (Cf. 13 May 2002 Hearing, House Committee on Human, Civil and Political Rights.)

The NFFM believes that more than a sufficient amount of facts and circumstances surrounding the case have been uncovered to strongly indicate the culpability of the 204th IB under Col. Jovito Palparan. We challenge the government-tasked investigative body under DOJ Undersecretary Jose Calida to utilize the findings of the NFFM to track down the killers of Marcellana and Gumanoy and bring them to the bar of justice at the soonest possible time. We challenge them to utilize this kidnapping and double murder case to go deeper into the uninvestigated and unsolved cases of gross and systematic violations of human rights and international humanitarian law in the province.

The NFFM remains cautious however about the outcome of the government's investigation. Based on what we have seen in Oriental Mindoro during and even after the NFFM, it is quite clear that Col. Palparan and his men in the 204th IBPA, either through the former's instructions, direction, supervision, control, acquiescence, tolerance or blessing, are still keeping vital pieces of evidence and key witnesses in this brutal double murder from investigators.

V. Harassment of the NFFM and attempts to suppress evidence

The military remains unfazed despite the presence of numerous fact-finding teams investigating the cases of human rights violations in Oriental Mindoro. The 3-day NFFM was subjected to covert surveillance and intelligence operations by elements believed to be members of the 204th IBPA. Attempts to suppress evidence in the investigation were also noticed. Among these include:
8 May 2003, 5:30 pm
Pier, Calapan City

Intelligence operatives were among those who welcomed the NFFM delegates upon their arrival at the pier in Calapan City on May 8, around 5:30 pm. One of them was conspicuously taking pictures of the NFFM participants. Some were seen diligently taking down notes as they closely monitored the activities, including a short program, at the pier. A white L300 van with armed plainclothesmen inside was parked near the Super Cat station.

9 May 2003, 9:30 am
204th IBPA Camp, Brgy. Pinagsabangan II, Naujan

In the course of the joint NFFM-Task Force Mindoro dialogue with Col. Gomez inside the 204thIBPA, one unidentified person was busy taking photos. Wearing a polo shirt and maong pants, without any form of ID to determine his involvement in the dialogue, this suspicious man also tried to take pictures of the delegates preparing for the reenactment outside the camp.

A team from the Naujan Police who arrived with the group of Task Force Mindoro seemed to have other business to do aside from providing security to Undersecretary Calida's group. One policeman kept taking photos of the faces of NFFM delegates. Asked what the DOJ could do to stop the unnecessary picture taking, Undersecretary Calida said: "Kunan n'yo na lang ng litrato… ako man, nililitratuhan din e."

9 May 2003, 12:00 nn
Bgy. Barcenaga, Naujan

The documentation teams assigned to the houses near the kidnapping site learned that some burly men visited the residents two days after the incident. They introduced themselves as members of a "community investigating team." They asked the residents about what they saw on the night of April 21. Before the men left, the residents were told by these men: "Mabuti ngang h'wag na lang kayong magsalita, baka magkamali pa kayo."

9 May 2003, 7:00 - 9:30 pm
On the way to Gloria Municipal Hall

A slow moving Besta van joined the convoy of the NFFM from Pinamalayan on their way to Gloria. When it eventually moved out of the convoy, the silhouette of a person moving inside the intruding vehicle gave the participants the impression that he was covering the convoy with a video camera.

9 May 2003, 10:00 pm onwards
Gloria Municipal Hall

Even at the municipal hall itself and in the presence of the police force of Gloria, the surveillance and intimidation of NFFM delegates persisted. The police force was placed under red alert when two squads of heavily armed men were spotted nearby. While the documentation teams were getting testimonies from the witnesses in the Brgy. Tambong mauling incident and the others were preparing to rest, a blackout occurred in the whole area. The local policemen checked the cause of power failure; they reported that a "saboteur" had poured water into the electric transformer likely causing a short circuit.

10 May 2003, 10:00am to 1:30 pm
CROSS/ "Salcedo compound", Sitio Malamig, Bgy. Salcedo, Bansud

Relying on the recollection of the witness-survivors, the NFFM delegates sought out a compound in Bansud. Some participants familiar with the locality volunteered the information that this compound was known to be used by the military. The suspiciously warm reception shown to the NFFM delegates by the old woman in the compound even before they could explain the reasons for the unannounced visit gave the impression that she was expecting the NFFM's arrival. How she knew the NFFM was scheduled to go to the compound remains unclear.

The old woman, Mrs. LEONOR CASTILLO, a retired school principal, said that the place is for youth summer camps, retreats and other religious activities. She said that various religious groups were using the place for free. She denied that the "compound" was being used by the military, although she admitted that a few years ago the military asked her permission to use it.

Despite the attempts to hide traces of military occupancy of the compound, the documentation teams found material evidences like metal sheets with AFP markings inserted in the ceiling of one nipa hut, metal canteen with AFP markings, and several empty AFP food ration packs scattered all over the place. Across the creek, overlooking the rough road leading to the compound's bamboo gates was a pile of sandbags in J-formation --similar to the defense formation in various Philippine Army detachments familiar to human rights fact-finding teams.

The NFFM was about to leave when participants saw a man who came out from nowhere to talk to the old woman. The man was wearing a cap and was trying to hide his face with his wide collar. When asked about this man's identity, the old woman gave two different answers: at one time she said he is a cousin, later she said he is a nephew. The mysterious man fled when one of the delegates attempted to take his picture.

10 May 2003, 2:30 pm
204th IBPA headquarters, Bgy. Pinagsabangan II, Naujan

The NFFM delegates returned to the 204th IBPA headquarters to once more demand the release of the illegally arrested detainees De La Serna and Rabbi. They were made to sign in the logbook as per standard operating procedure in the camp. Rev. DAVE PASCUA of the NFFM noticed that an originally intact logbook during the dialogue the past day was found torn. The page bearing the entry for April 20, the date Marcellana and the QRT went to the headquarters, appears to have been ripped out. The NFFM and Task Force Mindoro were supposed to get a photocopy of the logbook but Col. Gomez gave the lame excuse that no one was available to have it copied.

The NFFM delegates asked the military officer manning the gate if they could talk to the detainees. The reply was that the two detainees were outside the camp with Col. Gomez. When asked what the detainees were doing with Col. Gomez outside the headquarters, a master sergeant replied, "Ipinapasyal po sila ni DBC," -- referring to Deputy Brigade Commander Col. Gomez.

VI. The continuing HRVs in Oriental Mindoro

Before the abduction and brutal killing of Eden Marcellana and Eddie Gumanoy, an overwhelming 1,109 cases of human rights violations has been documented in the region by Karapatan-Southern Tagalog from January 27, 2001 to January 12, 2003. Among the provinces covered by the documentation, Mindoro Oriental tops the list in the number of human rights violations with 1,019 cases that victimized 1,219 individuals and 575 families.

Included in the list are the 32 killed who were maliciously tagged by Col. Palparan and other officials of the 204th IB as NPA supporters or sympathizers.

The reign of terror by the 204th IB penetrates deep into the communities of the Mindoreñans, including the ancestral domains of the Mangyan people. Residents of far-flung areas experience continuous harassment from the military in their various overt and covert operations.

Of late, in Barangay Buong Lupa, Gloria town, Serna, Rabbi and Sadiwa were illegally arrested and detained in the 204thIBPA Headquarters in Pinagsabangan II, Naujan. Col. Palparan himself "invited" the three among others in a meeting at the barangay hall last April 13, 2003 before they were handcuffed, brought to the brigade headquarters, and forced to admit that they participated in the NPA ambush of Col. Palparan in Puerto Galera last November 2002.

On April 20, 2003, Palparan's men in civilian clothes manhandled and disarmed several policemen, barangay officials and residents in Barangay Tambong, Gloria. Among the victims of the mauling were Roger Sales, barangay police RAMON VILLARUEL, ALEX LEVELO, ARNEL MONTEJO, RODELITO MONTEJO, Bgy. Capt. RIMANDO RECALDE and residents of Bgy. Tambong. PO1 DICK CARANDANG was disarmed by the military when he responded.

In an investigation following the Tambong incident, M/Sgt. Caigas was identified as the team leader of the armed men who manhandled the residents and disarmed the police officer. M/Sgt. Caigas is an intelligence officer of the 204thIBPA and reports directly to Col. Palparan.

In Bgy. Loyal, Victoria, Mrs. LIGAYA BAJA told the NFFM delegates that her kin, ALAN NAVALES, was illegally arrested and arbitrarily detained by the military last April. He was brought to a camp in Happy Valley, "somewhere in the south." He was being pressured to admit that he is an NPA supporter, but he strongly denied it. During his 3-day stay in the camp, he was made to serve as a masseur.

CLAIRE SAUSA, the secretary of Mayor Alvarez reported about the killing of her cousin EDGARDO MEDRAN. Edgardo was shot dead by unidentified men outside his house on March 15, 2003 in Bgy. Balete, Gloria. Edgardo worked as a driver for Mr. Tony Yana, branded by Col. Palparan as an NPA supporter. Before the incident, the victim made a letter stating that if he gets killed, it would only be Col. Palparan to blame. His family left Mindoro out of fear of further military reprisal.

While progressive organizations like Bayan, Bayan Muna, Kilusang Magbubukid ng Pilipinas, Gabriela and Karapatan continue to demand a stop to the killings in Oriental Mindoro, in the entire Southern Tagalog region and in all parts of the country, we keep counting more deaths resulting from continuing wanton violations of human rights allegedly perpetrated by the military and paramilitary units as well as special forces units of the PNP. Amidst the wailing cry of grieving families and friends, the likes of Col. Palparan and the 204th IBPA seem to be untouchable and unpunished, apparently coddled by a government committed to a policy of state terrorism they call "all-out war" and ready to strike again anytime with impunity.

VII. Recommendations

The "Campaign Committee: Justice for Eden and Eddie" and all the participants of the NFFM on May 8-11, 2003 in Oriental Mindoro hereby submit the following recommendations:

1. Conduct a thorough, independent, impartial, speedy and transparent investigation on the killing of Eden Marcellana and Eddie Gumanoy leading to the arrest and prosecution of the mastermind/s as well as the triggermen, accomplices and accessories. Utilize fully the findings established and leads uncovered by the NFFM.

2. Dig deeper and follow-up the leads and circumstances leading to the subject kidnapping and murders and probe further into the reasons, factors, perpetrators and phenomenon of rampant violations of human rights and international humanitarian law in Mindoro Oriental and other similarly-situated places.

3. Demilitarize Oriental Mindoro. Immediately pull out the 204th IBPA from the province.

4. Immediately suspend Col. Palparan from military service. Recall his interim promotion to brigadier general by Pres. Macapagal-Arroyo. Oppose his confirmation at the Commission on Appointments.

5. Uphold and promote human rights and international humanitarian law in the face of the Arroyo government's "all-out war" policy and the AFP's heightened counter-insurgency program. Implement the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL) to protect the rights of civilians and non-combatants.

6. Defend the democratic rights of the people and their organizations against state terrorist attacks and other forms of political repression.

22 May 2003, Quezon City, Philippines.

Hosted by www.Geocities.ws