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Noli Capulong
May 27, 2006Brgy. Parian, Calamba City, Laguna
Date of Incident/ Place
On May 27, 2006, at around 6:00 PM, the victim, while driving his owner-‐type jeep, was gunned down by bonnet-‐wearing men on board motorcycles.
Short Facts
Deputy Secretary-‐General of Bayan MunaSouthern Tagalog ChapterVolunteer Radio Veritas reporter
Profession
Involvement in Activist Group Bayan Muna
Probable Reason for Killing
Noli Capulong
Noli Capulong
Alfred Alinsunurin
Suspects
Unidentified
Profession of Suspect
4 years 2 months
No. of days sincedate of incident
The case was dismissed by the City Prosecution Office of Calamba, Laguna on January 18, 2007
Case Status
Information for the prosecution was only based on a police report, the prosecutor dismissed the case for insufficiency of evidence
Reason for Dismissal
Case of Noel Villarante
August 19, 2003Santa Cruz, Laguna
Date of Incident/ Place
At about 6:45 pm of August 19, 2003, Noel Villarante, was shot dead at Santa Cruz, Laguna just outside of his residence. After being shot, Villarante ran inside his home. As his relatives helped him outside to get to a hospital, the gunman once again shot Villarante, causing his instantaneous death.
Short Facts
Commentator in the local DZRJ RadioWriter for the local newspaper Laguna Score
Profession
Noel Villarante
Case of Noel Villarante
Senando Palumbarit and two (2) John Does
Suspects
Civilian police agent
Profession of Suspect
6 years 10 months
No. of days sincedate of incident
Case dismissed by the trial court
Case Status
Witnesses were no longer interested in testifying against the accused.
Reason for Dismissal
Presentation Objectives
What is the problem?
Where is the problem?
Current Sentiments
How do we solve it?
Preliminary Matters
How we defined Extra Judicial Killings?
How we did the study?
What we did not cover?
Extrajudicial killing Elements
Political Affiliation of VictimsPolitical activistsJournalists
Method of AttackProfessionally executedUse ofmotorcycles-‐41% of Assailantsbonnets-‐12%darkness-‐23%
Involvement or Acquiescence of State AgentsCannot be determined until conviction
HOW WE DID THE STUDY
Created a database
The Summaries were Generated The Analysis This
Presentation
What we did not cover
Specifically who did what
Motive or characteristics
Focus on IBP and DOJ Data
Maguindanao was not included in the numbers
What is the Problem?Problem Statements
Extrajudicial Killing is Rampant in the
Philippines
Most of the Victims Are Members or Officers of Activist
Groups
Most Identified Suspects Belong to
the Military
State Actors Are Involved (?)
The Rebels are also Suspects
What is the Problem?Extrajudicial Killing is Present All Over the Philippines
62
4743
28 2623
1713
8 85 5 6 4 3 3 4
72
61
55
45
30 28
2017
13 117 7 6 5 5 4 4
0
10
20
30
40
50
60
70
80
Region III
Region V
Region VIII
Region VI
Region I Region IV-‐A
Region XI
NCR Region VII
Region XII
Region XIII
Region IV-‐B
Region II Region IX
ARMM Region X CAR
No. of Incidents/Victims Per Region
No. Of Incidents No. Of Victims
Total No. of Incidents: 305Total No. of Victims: 390
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
Incidents with Suspects Identified as State Actors per Region
13
23
32
2
138 10
0 2 14 3 2 0 0 2 2
11
2
6
5
10
1 0
01 0
0 0 22 0
0 00
10
20
30
40
50
60
70
Region III Region V Region VIII
Region VI Region I Region IV-‐A
Region XI NCR Region VII
Region XII
Region XIII
Region IV-‐B
Region II Region IX ARMM Region X CAR
Info not available
Elected Govt. Official
CAFGU
Public Officer
Rebel
Police
MilitaryUnidentified Armed Men
What is the Problem?Most of the Victims Are Members or Officers of Activist Groups
Officer-‐Member of Activist Group
32%
Elected Govt. Official15%
Journalist15%
Farmer10% Rebel
8%Other7% Lawyer
5%
Public Officer3%
Officer-‐Member of Religious Group
3%Judge2%
Other13%
Profession of Victim
Total: 390
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
What is the Problem?Identified Suspects Belong to the Military
Unidentified Armed Men57%
Military19%
Police9%
Rebel12%
Public Officer1%
CAFGU1% Elected Govt. Official
1%
Total: 837
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
What is the Problem?Rebels are also suspects
Unidentified Armed Men57%Military
19%
Police9%
Rebel12%
Public Officer1%
CAFGU1%
Elected Govt. Official1%
Total: 837
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
What is the Problem?State Actors Are Involved?
Unidentified Armed Men57%
Rebel12%
Public Officer1%
Elected Govt. Official1%
Total: 837
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
37
2528
1311
15 14 13 14
68 7 7
9 97 6 5 6 6 4 6 5 3 3 2 4 3 2 3 3 2 3 2 2 2 2 1 1 1 1 1 2 1 1 1
4139
33
17 18 17 1715 16
12 11 11 10 9 10 9 8 8 7 6 6 6 5 5 5 5 4 4 4 3 3 3 3 2 2 2 2 2 2 1 1 1 2 1 1 10
5
10
15
20
25
30
35
40
45
Pampanga
Negros O
cciden
tal
Northern Samar
Metro M
anila
Leyte
Albay
Pangasinan
Camarines Norte
Nue
va Ecija
Sorsogon
Que
zon
Boho
lDa
vao de
l Sur
Laguna
Bataan
Masbate
Camarines Sur
Cotabato
Ilocos S
urIlocos N
orte
Batangas
Davao de
l Norte
Isabela
Orie
ntal M
indo
roSurig
ao del Sur
Sulu
Southe
rn Le
yte
Zambo
anga del Norte
Capiz
Sarangani
Tarla
cMisa
mis Orie
ntal
Davao Orie
ntal
Ifugao
Cavite
Surig
ao del Norte
Palawan
Zambales
Negros O
riental
Abra
Camiguin
Zambo
anga Sibugay
Aklan
Kalinga
Nue
va Vizc
aya
Compo
stela Va
lley
No. of Incidents/Victims Per Province
No. Of Incidents No. Of Victims
Total No. of Incidents: 305Total No. of Victims: 390
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
-‐Where is the Problem?-‐The Years 2005 and 2006, during the term of Gloria Macapagal-‐
Arroyo had the Most Number of Cases
1
27
1625
66 70
37
17
6 8
1/1/2000-‐1/20/2001
1/20/2001-‐12/30/2002
2003
2004
2005
2006
2007
2008
1/1/2009-‐6/30/2010
7/1/2010-‐8/15/2010
No. Of Incidents Per President/Per Year
Presidents of the Philippines:EstradaArroyoAquino
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
-‐Where is the Problem?-‐Rate of Killings: GMA Jan-‐Oct 2006
2
7
12
9
5
3
8
1
6 6
8
3
9
6
9
5
8
3
10
6
43
43 3
0
2
4
6
8
10
12
14
Arroyo's Term-‐Rate per Month (Jan'05-‐Dec'06)
01
4
9
30
13
10
10
10
1 1 12
12
14
7 75
0
5
10
15
20
25
30
35
2002 2003 2004 Jan'05-‐Aug'05 Sep'05-‐Sep'06 Oct'06-‐Dec'06 2007
Region III
Region IV-‐B
Region VIII
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
-‐Where is the Problem?-‐Following Accountability of Military
Current Sentiments
The United Nations Representative Expressed Concern
The Commission on Human Rights Cannot Solve It
The Aquino Administration Has Stated It Will Take Action Against It
-‐Current Sentiments-‐The United Nations Representative Expressed Concern
Alston recognizes the widespread killing of activistsAlston does not adhere to the Purge Theory of the AFPRecommend 12 specific actions for the government to take
-‐Current Sentiments-‐The Commission on Human Rights Effort
Shock with the number of extra judicial killingsCampaign for the observance of command responsibility particularly among the higher echelons of the PNP and AFP command
-‐Current SentimentsThe Aquino Administration Stated it Will Take Action Against It
P-‐Noy Condemns EJK
SONA Statements of P-‐Noy:Natukoy na rin po ang salarin sa mga kaso ninaFrancisco Baldomero, Jose Daguio at Miguel Belen, tatlosa anim na insidente ng extralegal killings mula nangumupo tayo.
Singkuwenta porsyento po ng mga insidente ngextralegal killings ang patungo na sa kanilangresolusyon.
Ang natitira pong kalahati ay hindi natin tatantanan angpag-‐usig hanggang makamit ang katarungan.
Pananagutin natin ang mga mamamatay-‐tao. Pananagutin din natin ang mga corrupt sa gobyerno
8 incidents of EJK since the President took office
-‐Where is the Problem?-‐Rate of Killings: GMA vs. P-‐Noy
4
0
3 3
0
0.5
1
1.5
2
2.5
3
3.5
4
4.5
Jun 30, 2006-‐Jul 07, 2006
Jul 07, 2006-‐Jul 14, 2006
Jul 14, 2006-‐Jul 21, 2006
Jul 21, 2006-‐Jul 28, 2006
Arroyo's 2nd Term-‐Rate per Week=2.5 (1st month)
2
5
0
1
0
1
2
3
4
5
6
Jul 01, 2010-‐Jul 08, 2010
Jul 09, 2010-‐Jul 16, 2010
Jul 17, 2010-‐Jul 24, 2010
Jul 25, 2010-‐Aug 01, 2010
Aquino's Term-‐Rate per Week=2, 1.5 (1st Month)
EJK in Aquino AdmintrationCase of Jose Daguio
July 3, 2010Barangay Tuga, Tabuk, Kalinga
Date of Incident/ Place
At around 8:00PM, Jose Daguio was shot inside his house while having dinner by an unidentified man, using a shotgun.
Short Facts
Commentator of local radio station Radyo Natin and correspondent for Kalinga-‐based weekly newspaper Guru Press
Profession
Motives for his killing range from his being a former media man, a family land dispute and knowledge of the activities of an alleged cattle rustling group in Kalinga.
Probable Reason for Killing
At large
Status of Suspects
A witness has surfaced which has identified at least 5 people as suspects. The case is currently in preliminary investigation stage.
Status of Investigation
EJK in Aquino AdmintrationCase of Fernando Baldomero
July 5, 2010Barangay Estancia, Kalibo, Aklan
Date of Incident/ Place
At around 6:30AM, as Fernando Baldomero was about to bring his 12 year-‐old son to school, an undidentified man approached Baldomero and shot him dead in front of his own son whom he tried to cover and protect.
Short Facts
Town Councilor and Provincial Coordinator for Aklan of Bayan Muna
Profession
Apart from being a local Bayan Muna leader, Baldomero ran and won as municipal councillor under the Liberal Party. He was also previously accused by the military and the police of links with the communist rebels.
Probable Reason for Killing
At large
Status of Suspects
Murder charges against primary suspect Dindo Lovon Ancero, 35, resident of Malingin Bogo City, Cebu and several John Does have been filed before the Aklan
Status of Investigation
EJK in Aquino AdmintrationCase of Pascual Guevarra
July 9, 2010 Barangay San Isidro, Laur, Nueva Ecija
Date of Incident/ Place
At around 4:30PM, Pascual Guevarra, 78 was shot by an unidentifed gunman in front of his family members as he was repairing their kitchen inside their house in Barangay San Isidro. His grandson, Ronnel Viloria, 18, tried to help his grandfather but the gunman shot and wounded him also. The gunman escaped aboard a motorcycle driven by another man.
Short Facts
Farmer and Head of the local Agrarian Reform Beneficiaries Association (ARBA), Alyansa ng Magbubukid na Nagkakaisa 3100 and member of the Anakpawis party-‐list
Profession
Agrarian reform dispute over the 3,100 hectares of agricultural land inside the Fort Magsaysay military reservation in Nueva Ecija
Probable Reason for Killing
At large
Status of Suspects
Pending investigation
No suspects have been identified
Military denies involvement
Status of Investigation
EJK in Aquino AdmintrationCase of Miguel Belen
July 9, 2010 Nabua, Camarines Sur
Date of Incident/ Place
On July 9, 2010, motorcycle-‐riding men shot Belen while he was on his way home to Francia village in Iriga City. Belen survived the attack but later succumbed to the serious injuries suffered.
Short Facts
Local broadcaster of radio station dwEB
Profession
Police are looking into politics and robbery as possible motives in the incident.
Probable Reason for Killing
At large
Status of Suspects
a suspect has already been identified by the police investigators.
Pending investigation
No suspects have been identified
Status of Investigation
EJK in Aquino AdmintrationCase of Mark Francisco
July 11, 2010Sitio Umawas, Barangay Malibas, Palanas, Masbate
Date of Incident/ Place
Mark Francisco, 27, was on his way home on a motorcycle along with four other teachers who were also on motorcycles when he was gunned down by two men wearing ski masks and military fatigues wielding M-‐16 rifles at around 5 p.m. Francisco died instantly.
Short Facts
Elementary School Teacher and member of Alliance of Concerned Teachers Party-‐list
Profession
Alliance of Concerned Teachers party-‐list has been the target of a vilification campaign since the previous elections. The said party-‐list is considered to be a front for the CPP/NPA/NDF
Probable Reason for Killing
At large
Status of Suspects
Pending investigation
No suspects have been identified
Status of Investigation
EJK in Aquino AdmintrationCase of Josephine Estacio
July 12, 2010Barangay Central, Masbate City, Masbate
Date of Incident/ Place
Josephine C. Estacio was shot dead in front of the Tenejero Elementary School at 7:20 a.m. as she alighted from a tricycle. The bonnet-‐wearing assailants immediately fled from the Scene.
Short Facts
Grade 1 Teacher and member of Alliance of Concerned Teachers Party-‐list
Profession
Alliance of Concerned Teachers party-‐list has been the target of a vilification campaign since the previous elections. The said party-‐list is considered to be a front for the CPP/NPA/NDF
Probable Reason for Killing
At large
Status of Suspects
Pending investigation
No suspects have been identified
Status of Investigation
EJK in Aquino AdmintrationCase of Edgar Fernandez
July 13, 2010Barangay Central, Masbate City, Masbate
Date of Incident/ Place
As Edgar Fernandez and his companion were on their way home from Barangay Central, Masbate City, Masbate, an unidentified man shot them both killing Fernandez instantly and wounding his companion.
Short Facts
Member of Alliance of Concerned Teachers Party-‐list
Profession
Alliance of Concerned Teachers party-‐list has been the target of a vilification campaign since the previous elections. The said party-‐list is considered to be a front for the CPP/NPA/NDF
Probable Reason for Killing
At large
Status of Suspects
Pending investigation
No suspects have been identified
Status of Investigation
EJK in Aquino AdmintrationCase of Edilberto Cruz
August 1, 2010Barangay San Juan Accfa, Cabanatuan City
Date of Incident/ Place
Edilberto Cruz was on his way home on his motorcycle when he was ambushed by an unidentified gunman. He survived the ambush despite being shot several times but however died in the hospital while undergoing treatment.
Short Facts
Publisher and Editor of local newspaper "Salida"
Profession
was having an affair with a free-‐lance radio announcer who was also slain in 2007.
Police are also looking into the possibility that the killing was related to his work as a journalist.
Probable Reason for Killing
At large
Status of Suspects
Pending investigation
No suspects have been identified
Status of Investigation
-‐ -‐Judicial Conclusions
Statistically 1.05% Conviction (2000 to 2010)
Insufficiency of Evidence is the Number 1 Reason for Dismissal
Thirty-‐two percent of the cases remain unsolved
The Non-‐identification of the Assailants is the Main Reason why 61% of the cases have Remained Unsolved
The Process Takes Too Long 5 Years, 2 Months and 11 Days for a Case of Extrajudicial Killing to undergo the Criminal Process.
-‐ -‐Statistically 1.05% Conviction (2000 to 2010)
050
100150200250300350
No. of Incidents
No. of Cases Filed in the Prosecutor: 56.29%
No. of Cases Prosecuted-‐33.22%
No. of Cases Tried in
Court-‐32.52%
No. of Conviction-‐
1.05%
305
169101 99
4
Succes per Judicial Stage
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
Cases that are still in Prelim
Investigation and
Dismissed in Fiscal Level-‐
40%
Cases that are
Provisionally Dismissed because Accused is still at large-‐
2%
Cases that are still
undergoing trial and dismissed-‐
96%
Cases that have
remained unsolved and cold cases-‐
45%
-‐ -‐Insufficiency of Evidence is the Number 1 Reason for Dismissal
39%
34%
17%
5% 5%
Common Causes for Case to be Dismissed in the Trial and Prosecutorial Level
Insufficiency of Evidence to Implicate the Suspects
Assailants are unidentified
No Available Witnesses
Non-‐Cooperation of Material Witnesses
Refusal of the Victim's Family to Cooperate in the Investigation
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
-‐ -‐Most of the Incidents are still Cold Cases
Case Remain Unsolved32%
Police Investigation12%
Case Dismissed16%
Trial21%
Preliminary Investigation6%
Case Archived8% Arraignment
3%
Judgment1%
Case Provisionally Dismissed
1%
Other5%
Status of the Incidents
Total: 305
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
-‐ -‐The Non-‐identification of the Assailants is the Main Reason why 61% of the cases
have Remained Unsolved
61%19%
12%4% 3%
1%
Common Causes for Case to Remain Unsolved
Assailants are unidentified
Accused is still At-‐Large
No Available Witnesses
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
-‐ -‐The Process Takes Too Long 5 Years, 2 Months and 11 Days for a Case of Extrajudicial
Killing to undergo the Criminal Process.
From Filing of Complaint to Issuance of Resolution-‐6 months and 29 days
From Filing of Information to Arraignment-‐ 8 months
and 22 days
From Arraignment to Pre-‐trial-‐ 3 months and 24
daysFrom Start of Trial(For cases pending trial,
dismissed, or resolved)-‐ 3 years, 7 months and 25
days
Average Number of Days for Each Stage of the Trial
Total Average: 5 years, 2 months and 11 days
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
Melo Report Alston Report
Year Made 2006 2008
Coverage Philippines Philippines
Key Finding There are circumstantial evidence that indicate the military are perpetrators of EJK
The RP has shown itself willing and capable to address HR issues yet finds its measures 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
KeyRecommendations
Strong and Resolute Political Will from the PresidentPrompt, impartial and effective
investigation of EJK by a civilian agencyPNP must produce evidence strong
enough to secure a conviction not merely for probable causeSpecial team of prosecutors to
handle EJK casesBetter witness protectionEnactment of a law for chain of
command responsibility
Elimination of EJK in counter-‐insurgencyoperationsConviction of EJK perpetrators must be
achievedReform policy considerations for the
criminal justice systemReform and proper implementation of the
witness protection programEnactment of measures by the Supreme
Court to ensure the effective prosecution of EJK casesSafeguard human rights during peace
processesPromote independence and effectiveness
of the CHR
Comparison of Recommendations
Analyzing the ConvictionsCase of Jose Doton
May 17, 2006, Pangasinan
Date of Incident/ Province
About 10:30 AM of May 16 2006, armed men suddenly attacked Jose Doton and Diosdado Dotonon their way home to Brgy. Camangaan, San Nicolas, Pangasinan. Jose Doton was killed and his brother was badly wounded. Prior to the shooting incident, the Doton brother received death threats. Joel S. Flores, the accused, was arrested by the Pangasinanpolice for illegal possession of firearms, which turned out to be the gun used in the killing of Jose Doton.
Short Facts
President, TIMMAWA(Tignayan dagiti Mannalon a Mangwayawaya ti Agno), a peasant organization in San Manuel, Pangasinan.
Profession
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
Probable Reason for Killing
Analyzing the Convictions Case of Jose Doton
Joel Flores
Accused
Member of the AFP
Profession of Accused
May 30, 2008Reclusion Perpetua and indemnity for liquidated damages worth Php. 500,000.00
Date of Decision and Penalty imposed
1 year 10 months and 11 days
No. of days for Conviction
Immediate identification of the accusedAvailability of the witnessesTracking of various watchgroupsMedia attention to the case
Probable Reason for Conviction
Analyzing the Convictions Case of Marlene Esperat
24 March 2005, Purok Ilang-‐ilang, Barangay New Isabela, Tacurong City, Sultan Kudarat
Date of Incident/ Place
On 24 March 2005, Marlene G. Esperat was shot and killed in her home in Purok Ilang-‐ilang, Barangay New Isabela, Tacurong City, Sultan Kudaratwhile having dinner with her family.
Short Facts
Former employee of the Department of Agriculture in Central Mindanao (DA-‐12) and Midland Review, Tacurong City columnist
Profession
During her employment in the Department of Agriculture (DA) Region 12 from 1987 to 2004, she uncovered various cases of graft and corrupt practices by public officials involving rampant misuse of public funds intended for the alleviation of marginalized farmers
Probable Reason for Killing
Analyzing the Convictions Case of Marlene Esperat
Estanislao Bismanos-‐UnidentifiedJerry Baguin CabayagRowie Barua-‐Member of the 36th Military Intelligence Company
Randy Fernandez GreciaOsmena Montaner-‐UnidentifiedEstrella Sabay-‐Chief Accountant of the Department of Agriculture, Region 12
Accused
September 28, 2006Only the following suspects were convicted with the penalty of Reclusion Perpetua:Estanislao BismanosJerry Baguin CabayagRandy Fernandez GreciaThe accused Rowie Barua became a state witness and was acquittedThe case against the suspected masterminds Estrella Sabay and OsmeñaMontañer is still undergoing trial
Date of Decision and Penalty imposed
1 year 5 months and 19 days
No. of days for Conviction
Cooperation by one of the suspects to become a state witnessTransfer of Venue from Cotabato to Cebu CityAvailability of the witnessesTracking of various watchgroupsMedia attention to the case
Probable Reason for Conviction
Analyzing the Convictions Case of Armando Pace
July 18, 2006, Digos City, Davao del Sur.
Date of Incident/ Place
On July 18, 2006, the victim, Armando Pace, was shot in the head and chest by two motorcycle-‐riding assailants while traveling home from work on a busy street in Digos City, Davao del Sur.
Short Facts
Block Timer, Radio Commentator Of DXDS Radio Ukay show entitled "Ukadyang"
Profession
His commentaries against local politicians and his murder might have been in retribution for his comments
Probable Reason for Killing
Analyzing the Convictions Case of Armando Pace
Joy Anticamara Enggano
Accused
March 29, 2009, Prision mayor to reclusion temporal
Date of Decision and Penalty imposed
2 years 7 months and 5 days
No. of days for Conviction
Availability of witnessesImmediate identification of the accused by the investigatorsAvailability of the Evidence
Probable Reason for Conviction
Analyzing the Convictions Case of Baron Cervantes
December 31, 2001, Alabang-‐Zapote Road in Las Piñas
Date of Incident/ Place
At about 6:00 p.m, Alabang-‐Zapote Road in Las Piñas, the accused, Joseph Abad Mostrales, Jaime Salvador Centeno, Erlindo Tateo Torres and Santiago Camacho, members of the Police Force, gunned down the victim, Baron Cervantes, inflicting on him, mortal and fatal injuries which caused his direct death.
Short Facts
Member of the PNPChairman of the Young Officers Union
Profession
Possible involvement in an alleged coup d'état
Probable Reason for Killing
Analyzing the Convictions Case of Baron Cervantes
Rafael Cardeno-‐Philippine National Police SuperintendentJoseph Abad MostralesJaime Salvador CentenoErlindo Tateo TorresSantiago P. Camacho
Accused
On March 26, 2009, the court found Rafael Cardeno guilty as principal of the crime of murder and sentence him to reclusion perpetua.
Date of Decision and Penalty imposed
4 years
No. of years for Conviction
Media attention to the caseAvailability of witnessesImmediate identification of the accused by the investigatorsAvailability of the Evidence
Probable Reason for Conviction
-‐ Six Pillars of Success-‐
An Independent Watchdog
Aggressive Government
Public Awareness
and Participation
Availability of Evidence
A Dedicated Prosecutor
An Impartial Tribunal
FINDING ACCOUNTABILITY PREVENTION
Policy Recommendation-‐Conceptual Structure
Measurement
Regular Monitoring
AFP /JAGO
Parallel Investigation
Truth Commission Agenda
Was it a GovtPolicy
Measurement
Regular Monitoring
Presidential Condemnation
Presidential Action
Command Responsibility
POCC
Dedicated Task Force
DND AFP NAPOLCOM PNP DOJ
IHR Grp in the AFP
General leads the Group
Evaluation and Success of AFP CommandersNational
International
Court Watch
Case Watch
Court Status
Best Practices/Best Policy
Expert
Witness
Process
PNP/NBI
Technology
PNP/NBI
People
PNP/NBI
Finding Them
Perpetuation
Investigation
Witness Protection
NGODOJ
Discovery
DOJ
Private Prosecutor
Public ProsecutorDOJ Task Force/NBIDedicated Good Impartial
Speed
Impartial
SC Admin Order 25-‐2007
Venue Change
Court Watch
SUCCESS FACTORS
AN INDEPENDENT WATCHDOG
AGGRESSIVE GOVERNMENT
PUBLIC AWARENESSand PARTICIPATION
AVAILABILITY OF EVIDENCE
A DEDICATED PROSECUTOR
AN IMPARTIAL TRIBUNAL
Pillar Task Objective Resources Needed
Organizations Needed
Preliminary Project Recommendations
AN INDEPENDENT WATCHDOG
Establish measurements and proper monitoring
CHR division for monitoring
Standardize Definition of EJKCreate measurements
Regular Monitoring and reports
Legal, Quality Control and Project Management Training for CHR to be able to produce standardized measurements
CHR with NGO or Private Support
Monthly Bulletin and Discussion
Standardize Definition of EJKCreate measurements
Regular Monitoring and reports
Legal, Quality Control and Project Management Training for CHR to be able to produce standardized measurements
CHR with NGO or Private Support
AGGRESSIVE GOVERNMENT
Create a New Inter Agency DOJ Task Force
Recommend PolicyReview and Improve Process
Investigate Cold CasesDetermine best practices
Government Support DOJ, PNP, DILG, AFP,
NAPOLCOM, NBI, DND, CHR, NGO, Media
Presidential Message of Widespread Condemnation Show widespread condemnation
Presidential Message and Policy Change
PCOO, DND, AFP, NAPOLCOM, PNP, DOJ
Implement administrative investigation of responsible
persons Show widespread condemnation AFP Chief of Staff Mandate AFP/JAGO
Reiterate Command Responsibility Doctrine Create accountability on top AO or EO from President OP
Determine whether it was an official government policy during
the previous administration
Determine topmost accountability Government Support Truth Commission
Include HR Compliance among evaluators for AFP and PNP
personnel
Ensure compliance of CHR directives
Make known AFP and PNP adherence to HR directives
Change in Evaluation of AFP and PNP Personnel CHR, AFP, PNP, Napolcom
Pillar Task Objective Resources Needed
Organizations Needed
Preliminary Project Recommendations
AWARENESS Create a Public Awareness Campaign
Inform public of status of cases
Inform of measures, protocol and rules
Collaborate with local and international bodies
Media, Feedback Mechanism, Mass and
new media tools (internet, web 2.0)
CHR, NGO
AVAILABILITY OF EVIDENCE
Develop investigative and forensic expertise in the
NBI / PNP
Improve investigation capability
Solve problems on physical evidence
Government Budget and manpower allocation PNP, NBI, DOJ Task Force
Develop availability of witness programs witness protection
program
Availability of witnessDOJ ImplementationCongressional revision
DOJ, Congress
Increase use of discovery and perpetuation tools
Perpetuate witness availability Training, Manuals DOJ Task Force
Pilot in Pampanga Determine Effectivity of Investigative Procedures NBI and PNP Task Force NBI, PNP, DOJ
Pillar Task Objective Resources Needed
Organizations Needed
Preliminary Project Recommendations
A DEDICATED PROSECUTOR
Create a DOJ / NBI clear
partnership
Ensure Efficient and Speedy Prosecution
DOJ Sec Order, DOJ Task Force DOJ
A SPEEDY and IMPARTIAL TRIBUNAL
SC Prioritize Change of Venue due to EJK
Ensure speed and impartiality with the SC SC Resolution SC Administrator
Monitor and Report status of SC Admin Order
25-‐2007
Ensure speed and impartiality with the SC
SC Resolution/ CHR Report SC Administrator
HOW IT WILL WORK
CHR-‐CREATE
STANDARD MONTHLY REPORT
DOCUMENT: MONTHLY REPORT
GOES THRU
MONTHLY
DISCUSSION WITH STAKEHOLDERS
CHANGES?
NO?
CHR-‐ CREATE STANDARD MONTHLY REPORT
DOJ TASK FORCE-‐USE IT FOR
PROSECUTION
AFP-‐USE IT FOR EVALUATION OF COMMANDERS
PNP-‐USE IT FOR INVESTIGATION
SC COURT ADMINISTRATOR-‐USE IT FOR ASSIGNING CASES
MEDIA/NGO-‐USE IT AS BASIS FOR MONITORING
& AWARENESS
YES? MOVE FORWARD
Insufficiency of Evidence to Implicate
the Suspects39%
Assailants are unidentified
34%
No Available Witnesses17%
Non-‐Cooperation of Material Witnesses
5%
Refusal of the Victim's Family to Cooperate in
the Investigation5%
Other10%
Source: Parreno Extra Judicial Killing Audit dated August 15, 2010Source: Parreno Extra Judicial Killing Audit dated August 15, 2010
Policy Recommendations Anchored on Reason for Dismissal of Cases
Look into Transferring Venues to
Metro Manila or Metro Cebu
Use Discovery Procedures Early On
Institute a Proper Implementation of the Witness Protection Program
Improved Methods of Gathering Evidence
Take Extra Effort to
Identify the Mastermind
Conclusion 1What is the Problem?
Human Rights
DISASTEREJK is Rampant in the Philippines
Prevalent During the GMA
Administration
Most victims are from the left and most accused are from the military
Cases remain unsolved
Growing Trend
Will the Aquino Govt Stop it
Conclusion 2
No Physical Evidence
No Witness
No Conviction
No Political Will
No Aggressive
Govt
No Prevention
Conclusion 3How do we solve it?
Ensure and Impartial and Speedy Tribunal
Ensure a Dedicated and Proactive Prosecution
Develop Measures to Make Evidence Available
Create Public Awareness and Participation
Implement Aggressive Government Policy Against It
Create an Independent Watchdog
Conclusion 4Paradigm Shift
Conclusion 4Paradigm Shift
ParanoiaViolence
Breeds hatredCorruption
Chaos
Injustice
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