On the 26th day of disappearance of CPA member James Balao

CONGRESS LOBBY. The Balao siblings (left) ask Bayan Muna Rep. Teddy Casiño for assistance following their brother’s enforced disappearance. (Photo by Cye Reyes/NORDIS)

Dear Friends:

Mr. Art Balao, the father of James has written a letter of thanks. I quote in part: “I wish to express my deep appreciation and thanks to all who in one way or the other contributed to find James. In behalf of my family, I thank you all so much. My family miss him and am sure his many friends, relatives and the many people he has touched, loved and helped miss him too.”

Today is the 26th day of the enforced disappearance of James. However, let us not lose strength in our continuing efforts to surface James. Let us not lose courage as we demand and bring to justice the Intelligence Security Unit (ISU)-Military Intelligence Group (MIG) and the Philippine National Police (PNP) and other State units that conspired to this dastardly act.

This is the second update letter on our continuing efforts for the immediate and unconditional surfacing of James. We issued the first update letter last October 3.

While we have yet to find out the exact location and condition of James, through the help of friends and concerned individuals, sometime October 3, we were able to know of the place and account of his disappearance, as follows:

On the morning of 17 September, at around 8:00 in Lower Tomay, La Trinidad, five (5) unidentified elements of the military excluding the driver, riding on a white vehicle that looks like a Mitsubishi Adventure or Revo swooped on him and forcibly took him.

One immediately cuffed his hands as he cried, “Saludsuden yo man dagitoy nu ania ti basol ko? (Please ask them what wrong have I done?) Another, to prevent him from saying more, locked the jaws of James with his arms while two others violently pointed their guns at his sides, to prevent him from resisting, then they hurriedly shoved him into the car. The remaining one waved his automatic rifle at the shocked onlookers as he warned them not to interfere. He shouted “Pulis kami! Huwag kayong maki-alam! Drug pusher eto!” (We are the police! Do not interfere! He is a drug pusher!) Then he rode the vehicle and within hearing stated: “Diretso sa Camp Dangwa” (Proceed to Camp Dangwa.)

Aside from these five men, at least three (3) served as lookouts.

The accounts of many witnesses and sources have also validated our record that James has indeed been under surveillance.

On the same date, acting on information that the military units of Ilocos Sur specifically the 50th Infantry Battalion Philippine Army (IBPA) may have James in custody, the family, friends, the CPA and the CHRA (Cordillera Human Rights Alliance), immediately traveled to Ilocos Sur. We did not take the information lightly because we know that the same IBPA was involved in the extra-judicial killings of activists Romy Sanchez in 9 March, Pepe Manegdeg in 29 November and Albert Terradano in 30 November, all in 2005. In the case of Pepe Manegdeg, eyewitnesses specifically pointed as the killer Sgt. Joel Castro of the 50th IBPA.

Through the intercession of Governor Deogracias Victor B. Savellano, the family and the CPA had a dialogue with the 50th IBPA. Unfortunately, the military representatives Lt. Ruben Tambio and Sgt. Marcelo Garcia did not make any categorical denial as to their involvement in the disappearance of James or a clear commitment of their assistance to surface James. On negotiation, they allowed a very limited ocular visit of the 50th IBPA headquarters in San Juan, Ilocos Sur, to 4 members of the family and 2 representatives of the CPA, and disallowing taking of photographs.

On initiative of the PRO-CAR, the family, the CPA and the CHRA held a dialogue with the police regional directorate, on October 6, after a short program in Lower Tomay, where James was forcibly taken, appealing to the residents therein for further assistance and cooperation. Present during the said dialogue were the Regional Director, Gen. Eugene Martin, the Benguet Provincial Director, Col. Danilo Pelisco, the La Trinidad and Baguio City Police Directors, Cols. Mario Mayam-es and Jesus Franco, respectively, and other police officers. During the dialogue, as a sign of our good faith and willingness to cooperate with the police, we narrated to them the information as to account of the incident and what we gathered, of which the police had no knowledge. We also informed them that there are witnesses. The place of incident is just a few meters away from Camp Dangwa, the regional headquarters of the PNP in the Cordillera.

In the said dialogue, the PNP directorate agreed to double their investigation efforts, provide custody and security for the possible witnesses, greater police visibility in the place of incident to prevent possible attacks and harassment from the perpetrators, and transparency with the family and with the CPA.

The following day, we revisited the MIG office in Camp Allen, Baguio City. This we formally coordinated with the Police Regional Office-Cordillera Administrative Region (PRO-CAR) and the Baguio City Police Office (BCPO). Unexplainably, the MIG disallowed our entry to the said Camp but on negotiation allowed entry to the City Police Director, Col. Jesus Franco. The MIG coldly ignored our pleas to allow just the father of James, who was already in the premises as early as 6:30 in the morning, to accompany the Police City Director to enter the MIG compound. In fact, the MIG permitted Col. Franco to enter ONLY when Mr. Balao agreed to the demand of the MIG to move away from where he was waiting simply because he can see the vehicles entering and leaving the MIG compound.

Thereafter, LTJG Thomas Yu-ing, the head of the 11th Community Relations Unit (CRU) of the AFP whose office is just beside the MIG, invited Mr. Art Balao for a discussion. In the said meeting, he offered his assistance in investigating the case of James. Such deception and trickery! As he issued on the same day a very poorly written and grammatically erroneous press release that trivialized James' abduction and enforced disappearance by saying that the CPA is merely playing this up simply for "propaganda to attract media attention and collateral attack upon the government…" and even disrespectfully and loosely comment "Who is James Balao anyway?" Our concern is the life of James, that he be surfaced alive and THAT is NOT propaganda.

The regional office of the Commission on Human Rights (CHR) in response to an earlier letter from the Balao family and succeeding requests for their immediate action on the disappearance of James, on the same day, proceeded with a team of investigators to the MIG office for inspection. However, the MIG elements treated them with grave hostility; shouting at them and even cocking their guns at the investigators. In paranoia and sign of guilt, the MIG hiding behind the gates, only showed their faces but disguised themselves in baseball caps, dark and wide-rimmed sunglasses, and handkerchief covering their mouth. The CHR investigating team also failed to enter the MIG compound.

On 9 October 2008, the family (his father Art Balao, younger sisters Nonette Balao and Jonilyn Balao-Strugar, and brother Winston Balao,) and I as Chairperson of the CPA filed a Writ of Amparo with the Regional Trial Court (RTC) of Benguet. The petitioners pray that the Court “(a) issue a Writ of Amparo ordering the respondents to disclose where James Balao is detained or confined, (b) to release James Balao considering his unlawful detention and (c) to cease and desist from further inflicting harm upon his person.”

The petition also prays for an inspection order “to permit the entry of authorized persons for the purpose of inspecting, measuring, surveying and photographing the property or any relevant object or operation thereon” of police and military facilities not limited to the Camps Aguinaldo and Crame in Quezon City, Fort Bonifacio in Taguig City, the 50th IBPA in San Juan, Ilocos Sur, MIG in Camp Allen, Baguio City, and ISU in Navy Base, Baguio City. The respondents are Gloria Macapagal-Arroyo as President of the Republic of the Philippines (RP) and the Commander-in-Chief of the Armed Forces of the Philippines (AFP), Eduardo Ermita as the Executive Secretary of the RP, Gilberto Teodoro as the Secretary of the Department of National Defense, Ronaldo Puno as the Secretary of the Department of the Interior and Local Government, Norberto Gonzales as the National Security Adviser, Lt. Gen. Alexander Yano as Chief of Staff of the AFP, Gen. Jesus Versoza as the PNP Chief, Brig. Gen. Reynaldo Mapagu as Chief of the PA, Maj. Gen. Isagani Cachuela as the Commanding General of the AFP Northern Luzon Command, the Commanding Officer of the AFP ISU and PCS Eugene Martin as the Regional Director of PRO-CAR.

On raffle, the RTC 63 under Judge Benigno Galacgac shall hear the Writ. The sheriff has already served a copy of the Writ and Notice of Hearing with the respondents, except the ISU as the personnel therein refused to receive the document. The said Court has set the first hearing on the 16th.

Widespread support continues to pour in.

On 6 October, responding to the plea of the Balao family who addressed their session, the Sangguniang Panlalawigan of Benguet (Provincial Board) approved unanimously a resolution CONDEMNING THE ENFORCED DISAPPEARANCE OF JAMES BALAO, FOUNDING MEMBER OF THE CPA, AND CALLING FOR THE IMMEDIATE SURFACING AND RELEASE OF MR. JAMES BALAO BY HIS CAPTORS. The said resolution further states that “enforced disappearances is contrary to the customs and traditions of the Benguet indigenous peoples that advocate peace.” The Sangguniang Bayan (Municipal Council) of La Trinidad also issued a similar resolution after. Earlier, Benguet Governor Nestor Fongwan wrote the Pres. Gloria Macapagal-Arroyo through Secretary Gilbert Teodoro for her “intercession in locating the whereabouts of Mr. James Balao.”

The Commission on Human Rights (CHR) national office on October 10 issued resolution A2008-035 approved en banc “STRONGLY CONDEMNING THE ENFORCED DISAPPEARANCE OF JAMES BALAO, CONTINUING THE INVESTIGATION THROUGH THE CAR REGIONAL OFFICE, AND REQUESTING THE AFP AND PNP FOR ASSISTANCE.” On the same day, the Governor Maximo Dalog of Mountain Province issued a statement AGAINST ENFORCED DISAPPEARANCES. The statement reads in part “As father of the province and as Regional Chairman of the League of Provinces, I denounce the unexplained disappearance of James Balao who is one of us. The act does not only deprive him of his rights but also subjects his family to untold mental and psychological torture. xxx Those responsible, regardless of their position or standing in society, should be held accountable, and made to pay for their acts. Denying or delaying justice would prompt aggrieved parties to take the law into their hands. Worse, the impunity by which the crimes have been committed may institutionalize or promote the commission of the same.”

We have yet to hear from the offices of the National Commission on Indigenous People’s (NCIP) and other concerned government agencies to which we appealed for support and intercession.

Recently, the University of the Philippines Baguio, from where James graduated in college on 1983, published its Statement of Concern in the Baguio Midland Courier; and letters of concern from Filipino Scholars in the United States and Filipinos in Stuttgart, Germany. International support continues with barrage of letters and online petition addressed to the respondents as widespread public condemnation reverberates locally.

Amidst all these, we respond appropriately to continues military propaganda that we are simply on a demolition job against the military specifically the army. Recently, on the disdain statement of the Community Relations Unit of the AFP that James Balao does not merit their attention – a remark that smacks of the army insensitivity and lack of value for the safety and life of James.

Kindly visit our website: www.cpaphils.org for the full text of the above stated resolutions, CPA and CHRA statements, letters of support and/or concern, and a photo documentation of all our efforts. This is the second update letter, we have posted the first in our web site. Again, our heartfelt thank you for your actions and responses.

While we cooperate with the police and certain military officials on the matter of investigation and security assistance – we do not have second thoughts as to demanding the full accountability of the military and the police on the enforced disappearance of James. We shall not also hesitate to break lines of full cooperation with the police when proven of their insincerity and involvement in the same, and when such police and military efforts shall point to a conscious conspiracy and whitewash of the accountability of police and military elements.

Let us not lose strength and courage in our campaign to Surface James Balao and Stop Enforced Disappearances. Instead, let our rage and tears further our resolve to continue working for the immediate and unconditional surfacing of James from his captors.

Respectfully,
(Sgd) BEVERLY L. LONGID
Chairperson
Cordillera Peoples Alliance
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CORDILLERA PEOPLES' ALLIANCE
# 2 P. Guevarra Street, West Modern Site
Aurora Hill, 2600 Baguio City, Philippines
Tel: +63-74-442-2115
Fax: +63-74-443-7159
CPA website: www.cpaphils.org
Surface James Balao website: http://sites.google.com/site/surfacejamesbalao/

SURFACE JAMES M. BALAO! STOP ENFORCED DISAPPEARANCES!

Today, September 24, 2008, is the seventh day since the enforced disappearance of Cordillera Peoples Alliance member, James Balao. James could not be located since he left his residence at Fairview, Quezon Hill, Philippines last September 17, 2008.

Where is James Balao?

We strongly believe that James was taken by intelligence agents of the Armed Forces of the Phillipines. We believe that the State through its agents are the perpetrators of this violation.

We believe that his enforced disappearance is because of the continuing implementation of Operation Plan Bantay Laya which considers civilians and progressive legal organizations as enemies of the sate and thus are targets for neutralization.

We strongly condemn this act by the State and its agents.

From February 2001 - June 2008, there has been 193 cases of enforced disappearances in the country. James Balao is the 194th victim. Most of the victims are members and leaders of progressive people's organizations categorized as sectoral fronts of the Communist Party of the Philippines (CPP), National Democratic Front of the Philippines (NDFP), or the New People's Army (NPA). Before the enforced disappearances or abductions, the victims experience surveillance, tagging and be threatened through text messages similar to the cases of victims of extrajudicial killings.

According to a reliable source, James was listed in the AFP dossier as the head of the Communist Party of the Philippines Education Bureau. We believe that his enforced disappearance is due to this.

We demand speedy investigation from the Philippine National Police and the Armed Forces of the Philippines. We hope to receive word on his whereabouts as soon as possible.

We urge all government institutions particularly the Commission on Human Rights to aggresively assist us in finding James Balao. The search for him gets more and more urgent by the minute. We demand the Intelligence Security Unit whom we believe has him in their custody to surface him. We demand a stop to Oplan Bantay Laya II and the attack on legal peoples organizations.

SURFACE JAMES BALAO!

STOP ENFORCED DISAPPEARANCES!

Reference:
Jude Baggo
Secretary General
Cordillera Human Rights Alliance

BAYAN Canada Launch a Resounding Success

Dr. Chandu Claver, Bayan-Canada chairperson

Toronto, Canada - Eighty-five people from across Canada representing 20 organizations from Victoria to Montreal came together in Toronto on September 21 to witness the successful launch of BAYAN Canada. Present during the event was keynote speaker, Dr. Carol Pagaduan-Araullo, chairperson of BAYAN Philippines, the multisectoral alliance of anti-imperialist and democratic organizations of the Filipino people.

Dr. Araullo, also a columnist of Businessworld delivered a presentation on the intensifying crisis of Philippine economic, social, political and cultural life. She also pointed out that through its mining companies, terrorist listing, and intent for the Visiting Forces Agreement negotiations with the Philippines, Canada is experiencing an "erosion of its image of benevolence".

She underlined the need for Filipinos in Canada to raise the level of their political struggle in order to expose and oppose the anti-national and anti-people policies of the US-backed Macapagal-Arroyo regime, the complicity of the Canadian state in such, and to advance the rights and welfare of Filipinos in Canada. Dr. Araullo emphasized that BAYAN Canada is this alliance for coordinating such struggles of Filipino organizations, finding synergies in their activities, and being their political campaign centre.

Several years ago while at a conference in Vancouver, and having witnessed the growing strength of the Filipino organizations here, I asked about the possibility of building a BAYAN chapter in Canada... several years later I am happy to see that some organizations had taken this on and are now launching BAYAN Canada on this important day, says Dr. Araullo who flew all the way from the Philippines to attend the event.

The launching of BAYAN Canada marks the 36th anniversary of the martial law imposed by the Marcos dictatorship. The organizers of Bayan Canada wanted to make the link between the US-Marcos fascist regime and the current US backed Arroyo regime scheming to stay in power while perpetrating some of the worst human rights violations in Philippine history.

Also speaking at the launching was Bernadette Ellorin, Secretary-general of BAYAN-USA. Ellorin shared some lessons and summarized the advances in the struggles of Filipinos living in the US because of the formation of a BAYAN chapter there. In a statement, the BAYAN chapter in the US expressed their solidarity and commended the years of painstaking work to build the organizations in Canada that have promoted the national democratic movement in the Philippines for decades.

As with the formation of the BAYAN USA in 2005, we understand that the formation of BAYAN Canada had its share of struggles before breaking through and moving forward... the formation of BAYAN Canada by far signifies a higher level of commitment to advance the national democratic line in the Philippines on a widespread level, the statement read.

Sending a solidarity message for the International League of Peoples struggle was ILPS chairperson, Prof. Jose Maria Sison. In the recorded message played for the assembly, Prof. Sison highlighted the worsening world economic crisis that will see imperialist and reactionary forces gearing to use the state as a system of organized violence to intimidate and attack the people in anticipation of growing mass protests and resistance.

"It is therefore necessary for BAYAN-Canada and its component organizations to intensify their efforts to arouse, organize and mobilize the Filipinos in Canada and thus to assert, defend and promote their rights and interests," states Prof. Sison.

The presentations were followed by an introduction of the BAYAN Canada national organizing committee, and a lively question and answer period. Dr. Constancio Chandu Claver, formerly the chairperson of Bayan Muna in Kalinga and now based in Victoria BC, summarized the discussions and outlined the important tasks for BAYAN Canada.

The assembly affirmed the BAYAN Canada national organizing committee and its chairperson Dr. Chandu Claver and its work leading to the first congress of BAYAN Canada. BAYAN Canada is calling on all patriotic Filipino organizations in Canada to join in advancing the Filipino peoples movement for national liberation and democracy.

Speech by Marie Boti at 20th anniversary of massacre of political prisoners in Iran

I bring warm greetings of solidarity to our Iranian comrades from the Centre d’appui aux Philippines - Centre for Philippine Concerns (CAP-CPC). The Philippines is also commemorating a terrible anniversary today, September 21: the 36th anniversary of the declaration of Martial Law by the dictator Ferdinand Marcos.

Thousands of people spanning several generations marched yesterday to Mendiola Bridge demanding justice for the victims of the Marcos dictatorship as well as the human rights victims under the current Arroyo administration. In particular, the protesters are calling for the release of 218 political prisoners.

“The Arroyo regime has gained the sole distinction of being the regime closest to the Marcos dictatorship in terms of its human rights record, corruption and foreign policy. The Arroyo regime is the best argument that we should never allow a return to a fascist dictatorship, no matter what the pretext is,” said Bayan Secretary General Renato M. Reyes, Jr. Bayan played a key role in the struggle to topple the dictatorship in 1986.

I will talk about a campaign we are waging at the Centre for Philippine Concerns and in the Philippines called Free Our Sisters! Free Ourselves! and then show you a short film excerpt.

Free Our Sisters! Free Ourselves!

The first Free Our Sisters! Free Ourselves! Campaign was run by the large women's organization GABRIELA in 1989. Its goal was the release of Luisa Posa Dominado, an activist who fought against the Marcos dictatorship, and her 7-year-old daughter, Maywan. They were both detained in a provincial City jail, with Maywan as the youngest political prisoner in the whole country.

The campaign got wide international support with thousands of postcards and letters mailed from different parts of the world demanding freedom for the mother and daughter. Luisa and Maywan were subsequently released from detention. Luisa continued her work as a human rights advocate and Maywan studied law. We filmed with Luing Posa Dominado in 1985, during the time of the Marcos dictatorship. (Kababaihan: Filipina Portraits was a film about the role of the women's movement in ousting the dictator in 1986.) We last saw Luisa in February 2007.

On April 12, 2007 Luisa was abducted by suspected military men and hasn't been heard of since. Luisa is one of some 200 forcefully disappeared people in the Philippines since 2001. Her daughter Maywan is heading a campaign to surface her mom.

Meanwhile, the number of political prisoners in the country has swelled, including at least 24 women political prisoners under the administration of current president Gloria Macapagal-Arroyo. In most cases, these women were abducted, arrested illegally and detained on trumped-up charges. In detention, they suffer inhumane treatment and prolonged incarceration due to long-drawn out legal battles.

Such is the case of Angelina "Angie" Bisuña Ipong, now 63 years old, a peace advocate who devoted her life to the cause of peace and human rights. She was arrested in March 8, 2005 and was tortured and sexually abused before she was surfaced to the media. She remains incarcerated at the Pagadian City Jail in Zamboanga del Sur, sharing a small prison cell with 21 other women prisoners accused of common crimes.

Elizabeth Principe was illegally arrested on November 28 2007, grabbed and shoved into a van in a busy shopping mall. She was kept incommunicado, tortured and illegally detained by the intelligence group of the Philippine Army until they finally presented her to the media three days later. She remains in detention at Camp Crame prison on charges of subversion and murder. She was a consultant for the National Democratic Front of the Philippines during the peace talks with the Philippine government.

Elizabeth's daughter Lorena Santos has been spearheading the campaign for her release. Lorena is a friend of ours and a spokesperson for Karapatan, a human rights organization. She is part of a new generation of activists and advocates taking the place of those who are in prison or dead. Their struggle continues.

My partner Malcolm Guy and I are connected directly or indirectly to these three women. We are making a film about Luisa, and some of the other among the hundreds of activists, workers, farmers, advocates who have been killed, disappeared, or imprisoned at part of the "War on Terror," Philippines-style. I will show you a 12 minute demo of the film.

CONCLUSION

During the commemoration of Martial Law in the Philippines yesterday, the spokesperson from Bayan said:

“The fear of a return to Martial Rule by any name is not unfounded. We see the desperation of the regime to stay in power at all costs. We see the unrestrained role of the military in government. We see the continued backing of the United States for an unpopular regime,” Reyes said.

“The only thing that stands in their way is the people. Our people have learned enough from Marcos and they will never allow such a monstrosity to return. Our people will resist,” Reyes added.

The same is true for the Iranian people.

Long Live International Solidarity!

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For more information about the activity organized by our friends in the Iranian community to commemorate the terrible massacre of political prisoners in Iran two decades ago please visit: http://www.1980smassacre.com

Please visit the web sites, sign petitions, and keep informed about the situation in the Philippines. If the government, backed by full military might of the US is so intent on crushing all progressive opposition forces in the country, it is because they pose a threat to the existing power structure - they do offer an alternative, a hope for a brighter future and a truly democratic and just society. Canada has recently decided to add its military presence in the Philippines, not content to just exploit the mineral wealth of the country with Canadian mining companies. Please look out for upcoming campaigns about this. Join the campaign to Free our sisters! Free ourselves! by consulting the web site by that name in the Philippines, and by getting in touch with us, the Centre for Philippine Concerns at capcpc@web.ca and visiting our blog at http://cap-cpc.blogspot.com

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Marie Boti is a documentary filmmaker with a dozen films documenting the people's movement in the Philippines. Kababaihan: Filipina Portraits (made with Malcolm Guy) featured the role of the women's movement in the overthrow of the Marcos dictatorship of 1986.

She is currently working on a new project with Malcolm about the political killings and disappearances in the Philippines, including that of Luisa Posa Dominado. Marie is also an active member in the Centre d’appui aux Philippines - Centre for Philippine Concerns, a solidarity group in Montreal which is celebrating its 25th anniversary.

Cordillera Peoples Alliance member is missing

Help rebuild daycare in Iloilo destroyed by Typhoon Frank

 

Daycare students in their uniforms.

My name is Malcolm Guy, I live in Montréal, Québec and and I am a member of the Centre d'appui aux Philippines - Centre for Philippine Concerns. I visited Iloilo on June 25, 2008, four days after Typhoon Frank had hit the island. I had a two-day research trip planned for an on-going documentary project on the island of Panay. I had seen the images on TV but had no idea of the impact on the lives of the local people. I was touched and felt the need to do something. It was hard to know where to start but my friends proposed that I help raise funds to rebuild a local daycare centre run in an urban poor section of the city of Iloilo.

You can find out more information about the daycare and how you can help on the website:
 http://pmm.qc.ca/panaydaycare/Introduction.html

-- Malcolm Guy

Tagaytay 5 freed; rebellion case ‘nonexistent’

Free at Last. The so-called Tagaytay 5 -- Aris Sarmiento, Axel Pinpin, Riel Custodio, Michael Masayes and Rico Ybañez -- shown here inside their prison cell during their incarceration, were freed August 28, 2008. “The dismissal of trumped-up charges and release of Tagaytay 5 is a victory for human rights,” said Ruth Cervantes, Karapatan's public information officer.

By Niña Catherine Calleja
Philippine Daily Inquirer

CAMP VICENTE LIM, LAGUNA—Five men accused of being communist guerrillas were released Thursday afternoon after the Tagaytay Regional Trial Court (RTC) dismissed the rebellion case filed against them by the police.

Released were Axel Pinpin, Aristides Sarmiento, Rico Ybañez, Michael Masayes and Riel Custodio.

Pinpin, a poet, said he and his fellow detainees were ecstatic and yet doubtful when they heard the news.

“We almost couldn’t believe it,” Pinpin said while packing his more than 100 books that fellow writers had given him in a 20-square-meter custodial jail.

The cell, according to the Commission on Human Rights, did not pass the United Nations’ minimum standard for treatment of prisoners.

The five men were excited to leave the detention cell with walls plastered with photos, news items about them, and posters calling for their release.

“We can now walk with freedom,” said Sarmiento, who was still clad in an orange shirt with the slogan “Free Political Prisoners” printed on it.

Ybañez, who will turn 61 on Sept. 5, said his freedom was the best gift he had received.

The men, known as the “Tagaytay 5,” were abducted while riding in a car by Cavite police and Naval Intelligence and Security Forces operatives on April 28, 2006.

Pinpin, Sarmiento and Custodio claimed they were members of the farmers’ group Katipunan ng mga Magsasaka sa Kabite (Kamagsasaka-Ka, or Farmers’ Federation in Cavite) while Masayes and Ybañez were hired drivers.

They were held in the Calabarzon Regional Police Office (CRPO) headquarters for two years and four months.

Nonexistent crime

The CRPO Thursday received a copy of the ruling of Tagaytay RTC Branch No. 18, which was issued by Judge Edwin Larida on Aug. 20, according to Chief Supt. Ricardo Padilla, CRPO director. The ruling mentioned the prosecution’s “erroneous manifestations.”

“Faced with an information charging a manifestly nonexistent crime, the duty of the trial court is to throw it out. Or at the very least, and where possible, make it conform to the law,” Larida said.

The judge ordered the men’s immediate release.

Triumph of justice

Carlo Ybañez, the lawyer of the accused, joined by lawyers Frank Chavez and Jose Manuel Diokno, described the court decision as a “triumph of justice.”

“The decision favoring the Tagaytay 5 is proof that justice still exists in this country,” Ybañez said.

Ybañez said the trial took a while, the process sped up after he filed a writ of amparo.

A writ of amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity.

The arraignment of the Tagaytay 5 was postponed by the RTC six times. During the arraignment on June 16, the five pleaded “not guilty” to the rebellion charges.

Charges for illegal detention

Ybañez said Chavez told the court that there was no crime and the prosecution could not prove rebellion by citing subversion.

“The police who abducted and detained them are liable,” Ybañez said, emphasizing that the men’s lawyers were planning to file charges against the police in connection with the illegal arrest and detention, torture and planting of evidence.

The Tagaytay 5 said more than 30 armed plainclothesmen abducted them while traveling along Ligaya Drive in Barangay (village) Sungay in Tagaytay City on April 28, 2006.

After less than a week, the five were charged with rebellion and presented to the media as members of the communist New People’s Army.

In July, CHR Chair Leila de Lima recommended the filing of criminal and administrative charges in the Office of the Ombudsman against the Cavite police and the Naval Intelligence and Security Forces for human rights violations.

Unimaginable

Sarmiento said that while he was happy that he was now free, he also felt fear. “Fear of what will happen to us outside and what police can still do,” he said.

What happened to them within two years was unimaginable, Pinpin said. “I write poems but I couldn’t describe our experience in the span of two years,” he said.

Pinpin, research and information officer of Kamagsasaka-Ka, said he would be going back to the peasant movement. “The government had taken away so many things from us,” he said.

Punish the police

After the arrest, Pinpin said, the group’s trading operations involving muscovado sugar and coffee were affected.

Sarmiento said the police who arrested and detained him and the others should be punished. “It is so easy for them to arrest someone but it’s hard for them to free innocent people,” he said.

Sought for reaction, Padilla said: “We are filing a motion for reconsideration. Then we will let the court decide.”