One Shot To The Head
One Shot To The Head
One Shot To The Head
R I G H T S
W A T C H
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For more information, please visit our website: http://www.hrw.org
MAY 2014
978-1-62313-1319
Methodology...................................................................................................................... 6
I. Background ..................................................................................................................... 8
Tagum City ............................................................................................................................. 10
Attacks against Tagum Death Squad Members and Tagum Police ............................................ 55
Acknowledgments ............................................................................................................. 71
Map of Mindanao
Summary
Just one shot to the head.
Romnick Minta, former Tagum Death Squad member, describing the
October 2011 killing of Roberto T. Onlos in which he was involved
consisted of 14 hit men and accomplices on the government payroll, with active
involvement from local police all the way up to Tagum Citys former mayor, Rey Chiong
Uy, who was in office from 1998 to June 2013.
Despite the dispersal of TDS members after Uy left office, TDS-style killings have continued,
although less frequently, sparking concerns that elements of the death squad remain
operational and are continuing to kill for financial gain. However, the paymaster for these
post-Uy era hits is not known.
Many of the extrajudicial killings through June 2013 appeared rooted in Mayor Uys public
anti-crime campaign, which sought to rid Tagum City of what the mayor frequently referred
to as weeds: suspected petty criminals, drug dealers, small-time thieves, and children
living or working on the streets. The killings seem intended to send an anti-crime message
to the general population as much as to eliminate specific individuals: many were carried
out in broad daylight in public places, including near Tagums City Hall, by motorcycleriding gunmen using .45 caliber pistols.
Others targeted by the Tagum Death Squad were victims of guns-for-hire operations.
Among these were a journalist, a judge, and a tribal leader as well as local politicians and
businessmen. TDS members who refused to carry out orders, sought to quit, or otherwise
fell into disfavor were themselves likely to become death squad victims.
Former death squad members told Human Rights Watch that the Tagum Death Squad at its
peak consisted of 14 people, and included ex-convicts, street children, and former
members of the communist New Peoples Army. Several TDS members were officially
employed with the citys Civil Security Unit (CSU), which is responsible for keeping the
peace in public places such as markets, bus terminals, and schools.
Insiders say Uy directed the operations of the death squad with the help of two trusted
aides as well as several officers with the Tagum City police. Uy allegedly provided payment
and equipment for the operations, using the Civil Security Unit as cover to lawfully issue
guns and motorcycles used in killings. Human Rights Watch found that while Uy did not
approve or have knowledge of all TDS killings, there is compelling evidence that he knew
and approved many of them.
The structure and operations of the TDS were similar to that of the Davao Death Squad,
which Human Rights Watch documented in You Can Die Any Time: Death Squad Killings
in Mindanao in 2009. Reports of similar killings in other Philippine cities suggest that the
Davao Death Squad, which boosted the popularity of Davao City Mayor Rodrigo Duterte,
has motivated other municipal officials to adopt extrajudicial killings as a crime control
method.
Local and national authorities have failed to seriously investigate the vast majority of
Tagum Citys killings and have not arrested any suspects. While police routinely cite a lack
of witnesses to explain the absence of prosecutions, victims relatives and witnesses say
they fear testifying, largely due to the perceived links of the death squad to local officials.
In 2012, after a TDS member was ambushed by his colleagues and subsequently
surrendered to the Davao del Norte Provincial Police, families of several victims filed
administrative cases with the Office of the Ombudsman against Uy and others. The
ombudsman, who can recommend filing criminal charges, has yet to act on the complaint.
Apparent death squad killing operations have dropped since Uy stepped down as mayor in
June 2013, but still continue. Sources say that many TDS members left Tagum and
relocated to Compostela Valley, an adjacent province where Uys brother is governor.
However, some TDS members have remained in Tagum and are allegedly operating on a
contract killing for-profit basis. A woman who claimed to have witnessed the December
2013 killing of Rogelio Butalid (described at the start of this report), for example, identified
the gunman as a key TDS member.
On April 28, 2014, Philippines media reported that the Philippines National Bureau of
Investigation had recommended the prosecution of four security guards employed by the
Tagum City government for their alleged role in the abduction, torture and murder of two
teenaged boys last February. Mayor Allan Rellon reportedly stated that he was
bewildered by the allegations and responded by saying that As a local chief executive, I
abhor any form of summary killing.
The national governments response to death squad killings in Tagum City and elsewhere
in the Philippines has been grossly inadequate. President Benigno Aquino III should send
a clear message that combating crime needs to be done within the confines of the law. He
3
should direct the National Bureau of Investigation to conduct criminal investigations into
death squad killings in Tagum City and other cities, including of police and local
government officials. The Commission on Human Rights should publicly report on death
squad activity and make recommendations for reform. And other relevant government
agencies, including the Justice Department and the Philippine National Police, need to
adopt measures that would curtail death squad activity, end involvement by local
authorities, and facilitate prosecutions, such as by improving victim and witness
protection programs.
Donor countries and institutions have been all too silent on the issue of death squads and
extrajudicial killings, and should publicly raise their concerns. Death squads clearly will
not simply disappear on their own.
Key Recommendations
The Philippine government should take immediate measures to investigate and prosecute
death squad killings in Tagum City and conduct a broader investigation into death squad
activity in the Philippines. Specifically, Human Rights Watch urges that:
President Aquino should publicly denounce extrajudicial killings and local anticrime campaigns that promote or encourage the unlawful use of force.
The Commission on Human Rights should conduct a public inquiry, akin to a truth
commission, and report publicly and promptly on the Tagum killings and the
involvement of the PNP and city government officials.
Tagum Citys incumbent mayor, Allan Rellon, and other local officials should cease
all support, verbal or otherwise, for anti-crime campaigns that entail violating the
law, including targeted killings of alleged drug dealers, petty criminals, and street
children.
The Office of the Ombudsman for Mindanao should investigate these killings by
acting on the case filed against Uy and several others and mete out necessary
discipline.
The United States, European Union, Japan, Australia, the World Bank, and the
Asian Development Bank should keep their pledges on human rights, the rule of
law, and good governance, and press the Philippine government to initiate
investigations into alleged targeted killings in cities, and to publicize the results of
its investigations and plans to dismantle these death squads.
More detailed recommendations are set forth at the end of the report.
Methodology
From September 2011 to November 2013, Human Rights Watch investigated 12 killings that
occurred in Tagum City, in the southern Philippine island of Mindanao, from 2010 through
2013. We supplemented the on-site research with follow-up telephone and desk research
through March 2014.
Our investigations focused on killings that bore the hallmarks of extrajudicial executions
we had investigated elsewhere in the Philippines and that implicated death squads,
small, organized groups that have apparent links to local authorities. These cases also
shared characteristics with killings reported as early as 2005 that police and other sources
had attributed to the Tagum Death Squad (TDS).1
Human Rights Watch interviewed more than three dozen people who had knowledge of
TDS operations. They included victims who survived an attack, victims relatives and
friends, witnesses, local government officials, police officials, members of the clergy, local
residents, and businessmen.
Human Rights Watch also spoke with three people who identified themselves as former
TDS members, as well as an associate of a current TDS member who had knowledge of
some of these killings. We also interviewed human rights activists in neighboring Davao
City who are monitoring the situation in Tagum City, as well as journalists who covered
these incidents.
We conducted the interviews mainly in Cebuano, the predominant local language, and
Filipino, the national language of the Philippines. All interviews with former TDS members,
witnesses, and relatives of victims were one-on-one. Some follow-up interviews were done
over the phone or the Internet. Human Rights Watch neither offered nor provided
incentives to persons interviewed, although we did reimburse the travel or
telecommunication costs of interviewees who in some cases traveled substantial
1 Although the name Tagum Death Squad was rarely used publicly to refer to the group implicated in the killings, Human
Rights Watch is using it as a clear and accurate reflection of the group and its activities.
distances to meet with us or who provided testimony via long distance telephone calls. All
participants provided oral informed consent.
For security reasons we have used pseudonyms to protect the identities of a number of
those interviewed.
Human Rights Watch also used official documents for this report, among them police
reports, court documents, and sworn statements. We also drew on past research,
particularly the 2009 report You Can Die Anytime, about death squad killings in Davao
and other cities in Mindanao.
Human Rights Watch provided a summary of the reports findings and recommendations to
the following Philippines government officials prior to its publication. These included:
Rey Uy, former mayor, Tagum City
Allan Rellon, incumbent mayor, Tagum City
Solomon de Castilla, police chief, Tagum City
Alan Purisima, chief, Philippine National Police
Mar Roxas, secretary, Department of the Interior and Local Government
Leila de Lima, secretary, Department of Justice
Etta Rosales, chairperson, Commission on Human Rights
Rodolfo M. Elman, Office of the Ombudsman for Mindanao
I. Background
If you are stealing, doing drugs, committing wrong things in Tagum,
someone is going to kill you.
Police intelligence officer, Davao City, May 2013
The killings documented in this report attributed to the Tagum Death Squad (TDS) have
their roots in historical, social, and political factors in the southern Philippine island of
Mindanao. A Human Rights Watch report published in April 2009, You Can Die Any Time:
The influence of Davao Citys long-time mayor, Rodrigo Duterte, who has been a
vocal proponent of the use of violence to rid areas of common crime.2
The summary killing of suspected criminals is not a new phenomenon in the Philippines.
Alfredo Lim, a former police officer and chief of the National Bureau of Investigation (NBI),
was implicated in using similar tactics while mayor of the capital, Manila, from 1992 to
1998. He was never prosecuted for his alleged role in the summary executions of dozens of
suspected drug dealers and other criminals, which earned him the nickname Dirty
Harry.3 Instead, his reputation as an anti-crime crusader buoyed his election to the
2 Human Rights Watch, PhilippinesYou Can Die Anytime Death Squad Killings in Mindanao, April 6, 2009,
http://www.hrw.org/reports/2009/04/06/you-can-die-any-time.
3 'Dirty Harry' hails arrest of son over drugs, South China Morning Post, March 17, 2008,
Philippine senate in 2004. Three years later, he was again elected Manilas mayor, a post
he held until 2013.
But Lim and other politicians who also used a tough anti-crime approach have not
matched the popularity of Rodrigo Duterte, the tough-talking mayor of Davao City who is
now serving his seventh and unprecedented term. That success is largely due to his anticrime program that encouraged, and possibly even sanctioned, the operations of the
Davao Death Squad (DDS).4
Investigations by Human Rights Watch and other rights organizations found evidence
that government officials and members of the police were passively or actively complicit
in 28 killings by the Davao Death Squad (DDS) from 2007-2009.5 Frequently, the victims
had earlier been warned that their names were on a list of people to be killed unless
they stopped engaging in criminal activities. Government employees, including police
and municipal government officials, delivered such warnings to the targeted victims.6
Dutertes popularity, built on his seeming willingness to engage in unlawful violence to
eliminate common crimea serious problem in many urban areas in the Philippineshas
an appeal that extends far beyond Davao City.7 His name is often floated as a potential
presidential candidate for his seeming ability to solve challenges that stymie other
politicians.8 In February 2014, Duterte told a Senate hearing on rice smuggling in the
Philippines that he would gladly kill an alleged smuggler who tried to smuggle rice into
his city.9 Instead of criticizing Duterte for suggesting the use of extrajudicial killings, the
http://www.mindanews.com/top-stories/2014/02/09/duterte-on-becoming-president-stop-it-i-do-not-want-it/ (accessed
February 21, 2014).
9 Duterte on smuggler Bangayan: I will gladly kill him! Rappler.com,
February 3, 2014,
http://www.rappler.com/business/industries/247-agriculture/49577-duterte-tags-bangayan-smuggler-senate-hearing
(accessed February 21, 2014).
Tagum City
In April 2009, the United Nations special rapporteur on extrajudicial, summary or
arbitrary executions reported that death squad killings in the Philippines were a legacy
of the perceived success among some Philippine government officials and security
forces of extrajudicial executions as an acceptable mode of crime control.13 Human
Rights Watch believes that such a perspective has been adopted in Tagum, a city with a
population of 254,000 located one hours drive north of Davao City in Davao del Norte
Province.14
Human Rights Watchs investigations have found that Rey Uy, the mayor of Tagum from
1998 to 2013, created his own death squad. Uy deployed the death squad to reduce the
presence of perceived criminals and others that he referred to as weeds of his citydrug
10 Senators rapped for not taking Duterte to task, Philippine Daily Inquirer, February 10, 2014,
http://newsinfo.inquirer.net/576070/senators-rapped-for-not-taking-duterte-to-task (accessed February 21, 2014).
11 Uptick in Extrajudicial Killings in Davao and Cebu, WikiLeaks, undated,
which is under the supervision and control of the Davao del Norte Police Office.
10
dealers, petty criminals, and those who openly inhaled solvents like glue as a cheap
high.15 Many of these were children living on Tagums streets.
Human Rights Watch uncovered compelling information that local police and government
officials, on Uys orders, organized and operated the Tagum Death Squad. The death
squad consisted of as many as 14 members. Criteria for being a target were violating Uys
perceptions of acceptable behavior on the streets of Tagum, regardless of whether the
victims conduct violated any laws. Indeed, many of the victims had never been convicted
of any crime.
By 2005, the Tagum Death Squad had morphed into a guns-for-hire operation whose
targets included businessmen, police officers, a leader of an indigenous tribe, a judge,
and former TDS members.16 According to several sources, some of them former TDS
members, Uy assigned people whom he trusted and knew well from his previous career as
a gold-mine operator to operate the death squad. These men later ordered several
killingsoften without Uys knowledgeas a personal revenue generating scheme outside
of Uys control.17
The TDS was an unlawful outgrowth of Tagum Citys Civil Security Unit (CSU).18 The CSU was
part of Uys effort during his 15 years as mayor to transform Tagum from a sleepy
15 Affidavit of Leotinida Cabayacruz subscribed to the Panabo City Prosecutors Office, November 12, 2012; Human Rights
Watch interviews with two police officials, Davao City, May 11, 2013, and one top government official (names withheld),
Davao del Norte, August 12, 2013.
16 Human Rights Watch interviews with police officials and former TDS members, May 11-12, 2013.
17 Human Rights Watch interviews with former death squad members, Romnick Minta, Davao City, May 11, 2013, and Jomarie
CSU is a para-police organization formally tasked with duties including traffic management and securing public
infrastructure. Under Republic Act 6975, which created the Philippine National Police, the city mayor has the authority
to create units such as the CSU to support the police in law enforcement. Many cities and provinces in the Philippines
have CSUs and all have a role to playsome more benign than othersin keeping the peace, especially in public areas.
The CSU of Tagum as well as of other cities such as Davao City should not be confused with the Civil Security Unit of the
Philippine National Police, which provides administrative services and general supervision over organization,
business operation and activities of all organized private detectives, watchmen, security guard agencies and company
guard houses. An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and
Local Government, and for Other Purposes http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html,
undated, (accessed March 8, 2014).
11
agricultural town into a modern city.19 Uys focus on municipal improvement extended to a
campaign aimed to rid the city of indigents and street people, many of them children.
It is not entirely clear when Uy created the death squad, using the CSU as cover.20
Members of the TDS claim that the killings by the group began a few years after he took
office in 1998. Police records beginning in January 2007 collected by investigators from the
Davao del Norte Provincial Police Office indicated what a police official said was an
increasing number of killings of indigents, children, and suspected criminals.21
Police officials interviewed by Human Rights Watch blamed the TDS for these killings, most of
which have not been fully investigated by the Tagum City police.22 In February 2011, Uy issued
an explicit warning to criminal elements in the city advising them to go somewhere else.23
If you are stealing, buying or selling drugs, committing wrong things in Tagum, a police
officer told Human Rights Watch, someone is going to kill you.24 A senior official of the
Commission on Human Rights in Southern Mindanao described these killings as silent
killings because these murders were hardly reported in the press. There is no media there
that talks about it, the official said. All the [journalists] there are terrorized by Uy.25
Official police records obtained by Human Rights Watch show 298 killings between January
2007 and March 2013 that officials of the Davao del Norte Provincial Police Office
19 A palm tree-lined national highway cuts through the city, shopping malls have sprouted, and improvement in municipal-
funded public works resulted in wider, cleaner streets. City Government of Tagum, Tagum City History, undated,
http://www.tagumcity.gov.ph/about-lgu/history/ (accessed February 3, 2014).
20 Human Rights Watch interview with a Tagum police official (name withheld), Davao City, May 12, 2013.
21 Case vs Uy, filed before the Office of the Ombudsman.
22 Human Rights Watch interview with a senior police official and intelligence officer (names withheld), Davao City, May 12,
2013. Although the Tagum City Police Station is under the Davao del Norte Provincial Police Office, there is discord between
many of their officers and officials, mainly because Mayor Uy is not a political ally of the governor of Davao del Norte, Rodolfo
del Rosario. Some in the Davao del Norte Provincial Police Office privately complain of the abuses by elements of the Tagum
City Police Station. Some provincial officers, on orders of their superiors, started compiling evidence and testimony on the
activities of the Tagum Death Squad. It was not surprising, therefore, that when a TDS member was himself targeted, he
decided to seek the protection of the provincial police.
23 Corporate governance behind Tagum take-off, Philippine Daily Inquirer, February 20, 2011,
12
attributed to the TDS.26 Fourteen others were wounded in attacks in the same period. All of
these cases remained unsolved and not one perpetratorexcept an individual who later
agreed to testify in a case filed against Uy and other people involved in the TDShas been
arrested, according to the documents.27 An overwhelming majority of these cases involved
the use of .45 caliber pistols and motorcycles.28
A provincial police official said this death toll is conservative as more killings occurred
from March 2013 onwards while others may not have been reported to the police.29
Members of the TDS told Human Rights Watch that the killings began as early as 2005 and
continued up to the time Uy stepped down as mayor in 2013.30 A former TDS member said
that he had heard the TDS started as early as 1998.31 Indeed, in August 2004, residents of
Tagum, led by the Catholic Church, held a rally against the killings.32 One local media
report claimed that the TDS killed as many as 40 people in four months in 2004.33
The deployment of the TDS, particularly in the latter part of Uys 15-year term, coincided
with corruption allegations linked to Uy.34 The murders also occurred at a time when Uy
was making politically unpopular moves, such as raising taxes to finance the construction
of a sprawling and modern city hall.35
26 List of unsolved shooting incidents/murder cases in Tagum City. This list is culled from the National Crime Reporting
May 2013. Sources in Tagum have alleged that City Hall under Uy would not approve a new business permit if Uy or his
relatives did not receive a part of the profit. This allegation has not been proven but most sources Human Rights Watch
interviewed asserted that this was common knowledge in the city.
35 Human Rights Watch interviews with local businessmen and residents, Tagum City, May 2013. Flyers discretely distributed
in Tagum City by local businessmen and religious leaders denounced the exorbitant cost of the city hall. Many also criticized
the taxes being collected, including one on any fruit-bearing tree a resident is growing in his backyard.
13
36 Human Rights Watch interview with a local businessman (name withheld), Tagum City, May 13, 2013.
37 Human Rights Watch interview with a provincial police official, Davao City, May 13, 2013.
38 League of Provinces of the Philippines, undated, http://www.lpp.gov.ph/directory-mosets/region-xi/arturo-t-uy.
39 Human Rights Watch interview with a local businesswoman (name withheld), Tagum City, May 13, 2013.
40 Human Rights Watch interview with two Catholic priests and two police officials (names withheld), Tagum City, May 13, 2013.
41 Human Rights Watch interview with a police official (name withheld), Davao City, May 11, 2013.
42 Human Rights Watch interview with top NPA leader in Southern Mindanao (name withheld), Manila, February 13, 2014.
43 Human Rights Watch interviews with a local businesswoman (name withheld), Tagum City, May 13, 2013; with an official of
the interior department, August 2013; a Tagum-based Catholic priest (name withheld), August 2013; and an official of the
Commission on Human Rights (name withheld), Davao City, August 2013.
44 Human Rights Watch interview with a police official (name withheld), Davao City, May 12, 2013.
14
The new mayor, Allan Rellon, officially disbanded the CSU, but in June 2013 created two
entities in its place: the Security Management Office (SMO) and the Traffic Management
Office (TMO). Rellon has divided the responsibilities of the CSU between these two new
agencies. The SMO regulates public security, particularly in public markets where many of
petty criminals operate, and matters including police auxiliaries and school guards.45 The
TMO is mainly responsible for the citys traffic system.46
Despite the disbanding of the CSU and the dispersal of TDS members after Uy left office,
TDS-style killings have continued. Those murders have sparked concerns that elements of the
TDS remain operational.47 As already noted above, on April 28, 2014, as this report was being
finalized, Philippines media reported that the Philippines National Bureau of Investigation
had recommended the prosecution of four members of the Tagum City SMO for their alleged
role in the abduction, torture and murder of two teenaged boys last February.48 Mayor Allan
Rellon reportedly stated that he was bewildered by the allegations and responded by
stating that As a local chief executive, I abhor any form of summary killing.49
On December 11, 2013, gunmen shot dead Rogelio Butalid at a busy street in Tagum City.
Butalid was a radio commentator known for his on-air criticism of Uy and his associates at
the Davao del Norte Electric Cooperative.50 A woman who claimed to have witnessed the
killing identified the gunman as a key TDS member.51 The paymaster for these post-Uy era
killings is not known. However, there is speculation that former TDS members are
continuing to commit killings for financial gain.52
45 Tagums peace, security among Rellons top agenda for 1st 100 days, Philippine Information Agency, July 1, 2013,
Ibid.
47 Human Rights Watch interviews with Romnick Minta, January 2014, and Jomarie Abayon, January 2014.
48 Frinston L. Lim, NBI eyes murder, child abuse raps vs Tagum guards for 2 teens slay,
Philippines Daily Inquirer (Manila), April 28, 2014, http://newsinfo.inquirer.net/597999/nbi-eyes-murder-child-abuse-rapsvs-tagum-guards-for-2-teens-slay#ixzz30BAJblli (accessed April 29, 2014).
49 Ibid.
50 DANECO row behind journalists killing, says colleagues, Davao Today,
the assailant and that she saw him and another man on a motorcycle seconds before gunning down Butalid. Although she
turned her back momentarily, she said she saw the killers flee.
52 Human Rights Watch interview with a police official and a government official, Davao City, August 2, 2013.
15
53 Human
Rights Watch interviews with former members of the TDS, Davao City, May 11-12, 2013, and Manila, January 31,
2014.
54 Ibid.
55 Ibid.
56 The order of battle is a list of enemies or potential enemies, usually maintained by the military. Many of the victims of
extrajudicial killings and enforced disappearances in the Philippines had been on such lists.
57 Enough is enough: Tagum to raise clenched fists vs. summary killings, Philippine Information Agency, August 14, 2004,
16
himself often received complaints from the public about alleged criminality through
personal text messages and would forward the names to the TDS to investigate.58
The existence of the OB was terrifying, particularly for the street children who frequented
Freedom Park in central Tagum and who were the TDS frequent targets. Many of those
children who eventually were murdered had been on the OB death list.59 I and my
friends were worried that our names were in the list, said Toto (pseudonym), a teenager
who witnessed the TDS murder one of his friends.60 We wanted our names to be taken
off the list.
Some of the children who ended up on the OB, including Toto, tried desperately but
unsuccessfully to get their names removed.61 The person who informed Toto that he was on
a hit list advised him that someone at the Tagum City market could help him remove his
name. Toto told Human Rights Watch:
There was a store and I went in. I talked to an old person. I told him I want to
clear up my name. He said hell contact a friend. I told him, Uncle, I dont
want to end up like my friend, I want off the list. But he insisted that I should
be on the list because all the Vulca Boys of Third Avenue are on the list.62
Toto said a friend who knew somebody inside the TDS told him that the advice the contact
at the Tagum City market gave him was deceptively easy: All you had to do was apologize
to [the TDS] and promise them to never create trouble again.63 At the time that Human
Rights Watch interviewed him, Toto had still not received a call from somebody in the TDS
that would confirm the deletion of his name from the OB list. He eventually decided to
leave Tagum City but returned weeks later to find out if he was still a target.64
58 Human Rights Watch interview with Jomarie Abayon, a former member of the TDS, Manila, January 31, 2014.
59 Human Rights Watch interview with Toto, (name withheld), Tagum City, September 14, 2011.
60 Ibid.
61 Ibid.
62 Ibid. The Vulca Boys refers to the street children often seen on Third Avenue sniffing solvents and sealants like Vulcaseal.
63 Ibid.
64 Human Rights Watch unsuccessfully attempted to resume contact with Toto in May and August 2013. His safety and
17
In at least one case, Mayor Uy himself allegedly warned of the impending TDS hit on a
target through the victims mother. Leotinida Cabayacruz, the mother of Jesus Cabayacruz,
said in her affidavit that during a meeting with Uy at City Hall, the mayor warned her that
her son was being watched because he was a drug dealer and advised her to tell him to
leave Tagum City.65 A short time later, on April 24, 2012, the TDS killed him.
Locations
Most of the killings Human Rights Watch documented took place within Tagum City and
often in broad daylight. The murders typically occurred outdoors, on the streets, and
usually by men on motorcycles.
The TDS frequently committed their killings in the plaza called Freedom Park behind Tagum
Citys city hall. The plaza was a natural magnet for children to congregate in. It is no bigger
than three basketball courts but offers trees, benches and wide spaces for children to play
or hang around in. At night, the park comes to life, illuminated by karaoke bars,
restaurants, barbecue stalls, food carts, and an outdoor market. Many children, including
nearby residents and homeless children, stayed in the park the whole day. At 10 p.m. the
children would leave the plaza due to the curfew hour, which began at that time.
The citys Social Welfare Department monitored the activities at the plaza because of the
constant presence of children. A social worker at City Hall, told Human Rights Watch:
Theres a lot of them there. Dozens of them. Some would go away but others
would take their place. Many are not from here. Theyre not supposed to be
there. We would chase them away. Some would leave but they eventually
return. We would ask their parents to move them to other places.66
That social worker said her office had developed a system for classifying the children,
based on their presence at the plaza: If they stayed for about hour, they were just
sightseeing. If they stayed for more than two hours, they were considered street children or
vagrants who had come from other places.
66 Human Rights Watch interview with a Tagum City municipal social worker (name withheld), Tagum City, September 14,
2011.
18
Perpetrators
The overwhelming majority of death squad killings reported in the Philippinesincluding
in Tagum Cityare carried out by gunmen operating in pairs riding on motorcycles.
Philippine authorities have described such murders as riding in tandem killings.69
Extrajudicial, targeted killings by these motorcycle-riding gunmen have become so
common across the Philippines that authorities have responded with special traffic control
measures as a means to identify and arrest the perpetrators. In some cases, police erect
roadblocks on major streets and perform body searches of motorcyclists for weapons.70
Public concerns about such killings have prompted proposals for legislation aimed
67 Human Rights Watch interview with a Tagum City social worker (name withheld), Tagum City, September 14, 2011.
68 Tagum is now what is called a composite city of Davao del Norte.
69 PNP declares all-out war vs. criminals riding in tandem on motorbikes, Interaksyon.com,
http://www.interaksyon.com/article/22575/pnp-declares-all-out-war-vs--criminals-riding-in-tandem-on-motorbikes
(accessed April 24, 2014).
70 Metro cops to conduct 24-hour checkpoints, Philippine Daily Inquirer, January 16, 2014,
19
specifically to prevent such murders.71 The Manila city government at one point tried to
more tightly regulate or to outright ban the use of motorcycles to prevent further killings.72
The majority of the TDS members were neighborhood petty criminals recruited into the
death squad after brushes with the law on minor offenses.
One child whose friends were killed by the death squad and who himself felt threatened
told Human Rights Watch:
Men on motorcycles would stop by the shop or across the street and just
look around. Many of these motorcycles have plates, but when they are out
to kill, they wrap the plates with [a] plastic bag.73
Philippine National Police statistics issued in 2013 indicated that in 2011 alone,
motorcycle-riding gunmen murdered 2,089 people nationwide, an increase from 1,819
killings the year before.74 Police have attributed these riding in tandem killings to the
growing problem of contract killings or guns for hire operations in the Philippines.
The National Bureau of Investigation has linked a few of these contract killings to some
members of state security forces.75 In January 2014, it exposed the activities of a group of
police officers in Batangas province south of Manila who hired themselves out as paid killers
for between 50,000 pesos (US$1,108) to 150,000 pesos (US$3,320) per murder.76 In Tagum
City, the price of a contract killing can cost as little as 5,000 pesos (about US$110).77
71 Philippines Congress, Riding-in-Tandem Interdiction Act of 2012 to help arrest criminality: Castelo, press release,
2014,
http://www.interaksyon.com/article/22575/pnp-declares-all-out-war-vs--criminals-riding-in-tandem-on-motorbikes
(accessed 24, 2014).
75 4 hired killers fall; elusive boss from Army, Philippine Daily Inquirer, June 5, 2013,
20
III. Victims
They shot him first from behind; he didnt see them. He turned around and
the other killer shot him, too, hitting him in the armpit. He was shot four
times in the body. They took turns shooting him.
Toto, witness to shooting of Jerome, a Tagum teenager, Tagum City,
September 2011
78 Human Rights Watch interview with Carmelita Lumangtad, Tagum City, September 14, 2011, and Toto (name withheld),
Tagum City, September 14, 2011.
79 Ibid.
80 Human Rights Watch interview with Carmelita Lumangtad, Tagum City, September 14, 2011.
81 Ibid.
21
Carmelitas efforts to get the police to investigate her sons murder proved futile. She said
that each time she visited the Maco police station, she was told there were no new
developments in the case. Instead, the police officers would often attempt to solicit
information from her about her sons case. I dont think the police have investigated
properly, she said.82 She tried asking the National Bureau of Investigation but she said
she lacked the money for legal representation or even just transportation costs to followup on the case. About the only assistance Carmelita received was from the Social Welfare
and Development Office of the City Hall, which paid for her sons paupers burial.83
When queried about Lumangtads death, the police precinct at City Hall could not produce
any investigation report. The boys family could not even get a copy of the official police
blotter of the murder. Even the Social Welfare and Development Office, which handles
child safety and welfare matters, could not locate any report on the killing in its files.
According to a social worker, police often just filed official reports of killings of poor
people like Lumangtad to funeral homes.84
82 Human Rights Watch interview with Carmelita Lumangtad, September 12, 2011.
83 Human Rights Watch interview with a Tagum City social worker (name withheld), Tagum City, September 14, 2011.
84 Ibid.
85 Human Rights Watch interviews with Carmelita Lumangtad, Tagum City, September 14, 2011 and Jomarie Abayon, Manila,
Pagpatay sa duha ka minor de edad sa Tagum City, masulbad pa ba?, GMA-7 Davao, May 13, 2011,
http://www.gmanetwork.com/news/story/220503/ulatfilipino/davao/special-report-pagpatay-sa-duha-ka-minor-de-edadsa-tagum-city-masulbad-pa-ba (accessed February 5, 2014).
87 Ibid.
22
brought Lagulos to a dark corner of Lapu-Lapu Street where two men on motorcycles were
waiting.88 One of them, allegedly a member of the Tagum Death Squad named Renster
Renren Azarcon, then stabbed Lagulos repeatedly.89
Seniel said that his efforts to get government officials to comment on Laguloss murder
proved futile: There was no police investigation, but they also denied that such a killing
was committed by the government.90 In his television report, Seniel said social welfare
officials responded to his queries by saying that they could not comment about the case.
Jomarie Abayon, a former TDS member, told Human Rights Watch that he was one of four
members tasked to look for the children who stole from the store, including Lumangtad and
Lagulos. [Lagulos] had become notorious. We had been receiving a lot of complaints
against him and his group, Abayon told Human Rights Watch.91 Those complaints included
allegations by store owners and residents near the plaza that Lagulos and his group of
friends frequently created disturbances in and around the plaza by fighting with each other,
snatching cellphones and, according to a Tagum City social worker, sometimes harassing
female passersby.92
Romnick Minta, another former member of the death squad, also alleged that Azarcon
killed Lagulos.93 Minta said Azarcon used a knife he called a Rambo knife because it
resembled the one Sylvester Stallone used in the movie First Blood.
According to Laguloss relatives, the police could not explain the boys murder and that
they had not identified any suspects.94
88 Ibid.
89 Human Rights Watch interview with Jomarie Abayon, Manila, January 31, 2014.
90 Human Rights Watch interview with John Paul Seniel, Davao City, August 2013.
91 Human Rights Watch interview with Jomarie Abayon, Manila, January 31, 2014.
92 Human Rights Watch interview with a Tagum City social worker (name withheld), Tagum City, September 14, 2011.
93 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
94 Pagpatay sa duha ka minor de edad sa Tagum City, masulbad pa ba?, GMA-7 Davao, May 13, 2011,
23
95 Jerome only went by his apparent first name. Human Rights Watch could not establish Jeromes full name, which even his
friends were unaware of. Jerome had no known relatives in Tagum City.
96 Witnesses could not recall the exact date of Jeromes murder except to say it was in August 2011.
97 Human Rights Watch interview with Toto (name withheld), Tagum City, September 14, 2011.
98 Ibid.
99 Human Rights Watch interview with Carmelita Lumangtad, September 14, 2011, and Toto (name withheld), September 14,
2011.
100 Human Rights Watch interview with Carmelita Lumangtad, September 14, 2011.
24
member, were not out to investigate the killing. Instead, they were part of part of a coverup, to ensure that no one witnessed Lumangtads abduction.101
Carmelita asserted that Jeromes murder was a result of his witnessing her sons abduction.
Toto told Human Rights Watch that Jerome had become a target because TDS members had
decided that he had become too deeply involved in criminal activities. Romnick Minta, a
former member of the death squad, remembers the killing of Jerome. Minta denied
participation in the murder but said he was present during discussions about the murder
in which TDS members expressed their belief in Jeromes criminality.102 But he added that
the TDS decision to kill Jerome was also due to their concern about his knowledge of their
involvement in the murders of Lumangtad and Lagulos. Thats why we had to kill [Jerome]
too, Minta told Human Rights Watch.
These murders have traumatized the street children, including Toto, who spent time at the
Freedom Park: Im extra careful now. I dont go out at night. I make sure that Im done with
work by 6 p.m.103
The deaths of Lumangtad, Lagulos, and Jerome are not part of the case filed against Uy and
others in relation to the Tagum Death Squad. But the sheer brutality of these killings
prompted the Commission on Human Rights to investigate them.104 Nothing, however, has
come out of the investigation after the investigators submitted their findings to the
commissions legal division.105
101 Human Rights Watch interview with Romnick Minta, Manila, March 7, 2014.
102 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
103 Human Rights Watch interview with Toto (name withheld), Tagum City, September 14, 2011.
104 Human Rights Watch interview with Alberto Sipaco, former head of the Commission on Human Rights in Southern
25
heard a loud popping sound. Simultaneously, Rizalina felt a sharp pain in her head and
thought that she had been hit by a rock.106 She turned to her husband and saw him with
his head dangling forward over the steering wheel, a gunshot wound to his head spurting
blood with a faint hissing sound.
One of the daughters who was in the back had the presence of mind to force herself into
the front seat, take the wheel and stop the SUV. I frantically got out and ran to the driver
side and opened the door, Rizalina said. I knew right there and then that my husband
was dead.107 Onlos was later pronounced dead on arrival at Davao Regional Hospital.
A Tagum City police investigation determined that a gunman riding pillion on a motorcycle
fired a single shot at Onlos as he was traversing Apokon Road, a major highway in Tagum
City.108 The gunman was only a few feet from the victim when he fired his gun. The
motorcycle sped away, followed by another motorcycle with two men on the back.
In her sworn statement, Rizalina alleged that Onlos had received several death threats
from Voltaire Rimando, the mayor of Maco, a town next to Tagum City in Compostela Valley
province.109 She said Rimando had wanted Onlos replaced as chairman of the Maco
Ancestral Domain Council Inc., a tribal group involved in mining operations in the
province.110 Rimando, she alleged, wanted to assign someone close to him to head the
council but my late husband did not heed [sic]. Rizalina said her husband suspected
Rimando wanted him out of the way in order to control the mine-rich tribal land that the
council owned.111
Rizalina also alleged that then Mayor Rey Uy, together with his brother Arturo Uy, the
governor of Compostela Valley province, and Onloss own brother Rudy, called Onlos to a
106 Human Rights Watch interview with Rizalina Onlos, widow of Roberto Onlos, Davao City, May 11, 2013.
107 Ibid.
108 Naglubong gipatay, Sun Star Davao, October 29, 2011, http://www.sunstar.com.ph/superbalita-
cooperation of the tribal community. This cooperation is usually done through the formation of a council or group that would
then work closely with the mining company.
111 Human Rights Watch interview with Rizalina Onlos, Davao City, May 11, 2013.
26
meeting two weeks before the murder to ask him to resign his post at the council but he
again declined.112 Onlos started receiving death threats from Rimandos representatives
soon after that meeting.113 Onlos brother Rudy worked with Mayor Uy and took Onlos to
meet with Uy in Tagum weeks before the murder. During that meeting, Uy urged Onlos to
step down and also not to get involved in the mining companys union problems.114
Romnick Minta, a self-confessed TDS member, told Human Rights Watch that he had acted
as support and lookout for Onloss killer. Minta identified that gunman in a sworn
statement and in his interview with Human Rights Watch as Renster Renren Azarcon.115
Minta said Onloss shooting was a contract killing personally ordered by Conrado
Rading Palen and Victor Kulot Cuaresma, close aides of then-Mayor Uy.
Minta also identified Tagum City Senior Police Officer 1 (PO1) Rolly Sabitsana as having
personally ordered the Onlos murder.116 In her affidavit, Rizalina named Minta, Palen,
Cuaresma, Sabitsana, PO1 Alexis Manigo, Azarcon, Jomari Abayon, Junald Cuaresma,
Eduardo Cabutad, and Allan Palen as the murderers.117 She asserted the murder occurred
with the approval of Special Officer 3 (SPO3) Jose Bengil, SPO1 Divina Agocoy and PO3
Leonardo Abrenica, all assigned at the Tagum City Police Station.118 Minta also named
these individuals in his affidavit about the Onlos murder.119
Jomarie Abayon, another former TDS member, confirmed Mintas account to Human Rights
Watch and confessed he was driving the motorcycle carrying the killer. Abayon also
attributed the contract killing to Palens orders. It was Rading who contacted us for the
killing of Onlos, he said.120
112 Ibid.
113 Ibid.
114 Human Rights Watch interview with Rizalina Onlos, Davao City, May 11, 2013; affidavit of Rizalina Onlos subscribed to
Panabo City Prosecutors Office, January 29, 2013. Rudy Onlos is now the indigenous peoples representative in the Tagum
City Council and remains an ally of Uy.
115 Human Rights Watch interview with Romnick R. Minta, former death squad member, Davao City, May 12, 2013.
116 Affidavit or sworn statement by Romnick R. Minta subscribed to the Davao City Prosecutors Office, October 2, 2012.
117 All are alleged members and leaders of the Tagum Death Squad.
118 Affidavit by Rizalina Onlos subscribed to the Panabo City Prosecutors Office, January 29, 2013.
119 Affidavit or sworn statement by Romnick R. Minta subscribed to the Davao City Prosecutors Office, October 2, 2012.
120 Human Rights Watch interview with Jomari Abayon, Manila, January 31, 2014.
27
Rizalinas and Mintas affidavits, as well as those of several other relatives of victims, were
used to support the case for grave misconduct Rizalina filed against Uy and several
others before the Office of the Ombudsman.121 Other families of victims also filed separate
cases against Uy and company, also before the ombudsman.122
Minta described Onlos in his affidavit as a drug pusher suspect. However, he told
Human Rights Watch that Sabitsana, their handler, had fabricated that justification for the
hit on Onlos. He was just a rival in mining of my team leaders associates, referring to
Sabitsana. He ordered us to do it. They just made up the drug story against him and the
mayor believed it, Minta said.123 Just one shot to the head, he said.
Based on information provided by Minta, Rizalina alleged that Uy ordered her husbands
killing allegedly as a favor to Rimando, who was Uys political ally.124 Minta alleged that Uy
relayed the order to kill Onlos to Sabitsana, who in turn relayed it to members of the death
squad. The Tagum City police had a direct role in the killings, according to Minta, Abayon
and Marlon Hepalago, another former member of the death squad.125 At least four more of
these handlers squad members who receive orders from Uy and his close aides,
Cuaresmo and Palen, who then assign the hit men for the specific targetare also
members of the Tagum City police force.126 Another Tagum City police officer was present
when the group held their first briefing on the planned killing, on October 14, 2011, two
weeks before the murder.127
Rizalina said she believed Mintas testimony because the former killer told her details that
only she could have known, such as when Minta claimed to have had his first surveillance
job on Onlos. Minta said he was peering through the gate of Onloss home when Rizalina
121 The Office of the Ombudsman receives complaints against elected officers or employees of the government, including
public officials. It then determines whether civil or criminal cases can be filed against the accused.
122 Affidavits by other relatives of victims filed before the Office of the Ombudsman.
123 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
124 Human Rights Watch interview with Rizalina Onlos, Davao City, May 11, 2013.
125 Human Rights Watch interviews with Romnick Minta, Davao City, May 2013 and Jomarie Abayaon, Manila, January 31,
2014. Affidavit of Marlon Hepalago subscribed to the Davao City Prosecutors Office, October 25, 2012.
126 Human Rights Watch interviews with former squad members Romnick Minta, Davao City, May 11, 2013 and Jomarie
28
noticed him. She went to check and saw a man walking away. It was me, Rizalina quoted
Minta as telling her.
Rizalina and police sources told Human Rights Watch that the motive for Onloss murder is
related to the tribal land that Onloss tribe controlled in Compostela Valley province. The
tribe, through the Maco Ancestral Domain Council Inc., had entered into an agreement with
a mining company to operate within the tribes land. Rizalina and these sources said
Rimando wanted to control the council.128
Besides Minta, there have been no additional arrests for the Onlos killing. The police,
according to Rizalina, never concluded its investigation into the murder.129
The .45 caliber bullet that killed Onlos also hit Rizalina in the head; the slug ended up
embedded in the Pajeros door. While her injury was not serious, she was traumatized by
the killing enough to leave Tagum City, which had been their home for decades.
The murder also tore her family apart. Rizalina said her husbands death had brought the
family immeasurable grief and financial hardship. We barely have enough food to eat
these days, she told Human Rights Watch. Two of her six children dropped out of school.
She said she had to force her children to leave Tagum City and live with relatives in other
places. They did not only kill my husband, Rizalina told Human Rights Watch. They also
killed the future of my children.130
She said she had not seen her daughters for a long time and would talk with them only
on the phone and exchange text messages. They would text me that they are scared all
the time.131
128 Under the Indigenous Peoples Rights Act, the law protecting the Philippines tribal people, mining companies need to get
the free and informed prior consent of indigenous peoples in areas where they want to operate. Most of these companies
would end up entering into agreements with these tribes, through councils such as the one Onlos headed. Three other tribal
leaders had also been murdered in the three years before Onlos was shot dead.
129 Human Rights Watch interview with Rizalina Onlos, Davao City, May 11, 2013.
130 Ibid.
131 Ibid.
29
132 Human Rights Watch interview with Romnick Minta, a former member of the Davao Death Squad, Manila, February 11, 2014.
133 Affidavit of Merylaine Angeles, Angeless widow, subscribed to the Panabo City Prosecutors Office, November 23, 2012.
134 Ibid.
135 Ibid. Angeles did not specify in her affidavit the nature of the case she filed against Clemente but the Ombudsman
Ibid.
137 Affidavit of Jinny Rodulfo, Salmins live-in partner, subscribed to the Davao City Prosecutors Office, November 21, 2012.
138 Human Rights Watch interview with Romnick Minta, Manila, February 11, 2014.
30
leaders to provide Clemente men because he had a problem. Thats when Minta and the
three other hit men went to see Clemente at his home so we could discuss the [planned
killing] formally.139 I was present when Nick Clemente talked to us about killing Angeles,
Minta said. Minta said Palen told them that Angeles was the biggest seller of
methamphetamine, locally known as shabu, in Kapalong town and Tagum City.140
Despite multiple witnesses to the murder of Angeles and Salmin, no witness has come
forward to offer testimony to the police. One of the bullets grazed the foot of a female
passerby, but even she refused to testify.141 Rodulfo said no one from the police or any
government agency, such as the Department of Justice, has sought to interview her about
the killings.142 She said she did not know the status of the grave misconduct case she
filed against Uy and the others before the Office of the Ombudsman when she learned that
Minta had been arrested and agreed to testify against the killers and those who allegedly
planned the murder. Relatives of other victims of the Tagum Death Squad had also filed
separate allegations of grave misconduct against Uy and his alleged accomplices before
the Office of the Ombudsman.143
139
Ibid.
140 Ibid.
141 ibid.
142 Human Rights Watch interview with Jinny Rodulfo, Davao City, May 11, 2013.
143 Affidavits of relatives of victims and witnesses presented to the Office of the Ombudsman. These are administrative cases.
The Ombudsman is supposed to then investigate and recommend the filing of either a criminal or civil case.
144 Human Rights Watch interview with a relative (name withheld), Davao City, May 11, 2013.
145 Affidavit of the relative subscribed to the Davao City Prosecutors Office, October 11, 2012.
31
squad member Romnick Minta in September 2012.146 Minta confessed that he had ridden
Azarcon to the site of the killing on the back of a motorcycle. Minta is now a witness in the
case filed against former mayor Rey Uy and others suspected of involvement in the Tagum
Death Squad. In his affidavit, Minta said the death squad had targeted Mejos because he
was a drug pusher suspect.147
Mejoss relatives dispute the accusation. They point out that he was the chairman of their
villages Sangguniang Kabataan Federation, a government youth council.148 Rather than
being a drug dealer, his family described Mejos as a devoted husband and a salesman in
the nearby city of Panabo.149
A relative expressed dismay at the death squads willingness to kill for what he considered
such small sums of money. Theyre doing all these killings for just 2,000 pesos [$44]. If
we dont pursue this case, if we dont file this, maybe a persons life may just be worth
1,000 pesos [$22] next time, the relative said.150
To date, there have been no arrests or prosecutions for Mejoss murder.
146 Affidavit of Romnick Minta subscribed to the Davao City Prosecutors Office on October 1, 2012; Human Rights Watch
32
told Human Rights Watch that the allegation was incorrect. Its true he used to be a drug
user, she said. But he stopped that when he became a businessman.152
Leotinida directly implicated then-Mayor Rey Uy in her sons murder. She said Uy sought
her out shortly before the murder, while she was visiting Tagum City Hall for a business
transaction. She said that Uy specifically asked her how her son had been able to afford
the purchase of a new motorcycle.153 When she replied that he had bought it with a loan
from her husband, Uy shook his head and would not believe me.154 Leotinida said that Uy
then referred to her son as one of the citys weeds155 and bluntly warned her not to allow
my son to go to Tagum City or he would be killed.156
Romnick Minta told prosecutors as well as Human Rights Watch that he was one of four
members of the squad tasked to murder Cabayacruz.157 Minta alleged that the other death
squad members who took part in the shooting were Renster Azarcon and Allan Rosillo.
Minta said they attacked Cabayacruz while he was riding his motorcycle with a uniformed
member of the Philippines military on the back. The soldier, an unidentified friend of
Cabaycruzs, was armed with a pistol. Minta said that one of the killers, Rosillo, fired his
pistol at Cabayacruz while a second gunman, Azarcon, fired at the soldier.158 Minta said in
his affidavit:
They both fell into [sic] the road and the gun of the army soldier also fell
down. Jomari [sic] Abayon took it and shot with it Jesus Cabayacruz and the
army soldier who were both lying on the road already seriously wounded.159
In his affidavit, Minta said Cabayacruzs murder was directly ordered by Uy because he
was suspected of being a drug pusher and had been making large amounts of [money from
152 Human Rights Watch interview with Leotinida Cabayacruz, Davao City, May 11, 2013.
153 Human Rights Watch interviews with Leotinida Cabayacruz, Davao City, May 11, 2013; affidavit of Leotinida Cabayacruz
subscribed to subscribed to the Davao City Prosecutors Office, November 12, 2012.
154 Affidavit of Leotinida Cabayacruz subscribed to the Davao City Prosecutors Office on November 12, 2012.
155 Leotinidas affidavit is in English, but she was clearly referring to a popular Visayan expression sagbot sa katilingban,
33
the] sale of drugs.160 He said Uy ordered Cabayacruzs murder because his mother, Leotinida,
refused to heed Uys instruction to forbid Cabayacruz from coming to Tagum City.161
Minta also claimed that before Cabayacruzs killing, members of the death squad had
sent text messages to SPO3 Jose Bingil, PO3 Leonardo Abrenica and SPO1 Divina
Agocoyall members of the police intelligence team of the Tagum City Police Stationto
alert and inform them that we were about to do a summary killing at that particular
vicinity.162 He added:
In fact, every summary killing that we made, these said police officers fully
knew beforehand of the execution of such killing and that in every summary
killing investigation they always appeared at the scene of the killing to see
if we are positively identified by witnesses or not.163
A police officer who had been tasked to investigate a few of the killings could not confirm
to Human Rights Watch the alleged involvement of the three police officers Minta named
as actively complicit in Cabayacruzs murder. However, he confirmed that some
unidentified members of the Tagum Police cooperated with Uy and the death squad in
many of the death squads killings.164 You cant disobey the mayors order, he said. His
power is higher than the chief of police. If the mayor gives his order, it gets
implemented.165 He also echoed Leotinidas claim that her son could have been killed
without any evidence that we was involved in wrongdoing.
Leotinida said they decided to fight back by filing a case against Uy and the others before the
Office of the Ombudsman, even though they are against big people. Cabayacruz, she said,
was a good kid, always helpful.166 Besides, she said, shes had enough of all the killings.
160Ibid. Minta reiterated this charge in an interview with Human Rights Watch on February 3, 2014.
161 Ibid.
162 Ibid.
163 Ibid.
164 Human Rights Watch interview with a police officer (name withheld), Davao City, May 12, 2013.
165 Philippine law empowers mayors to appoint chiefs of police, drawing from the names of nominees submitted by the
34
According to Leotinida, the police had not completed its investigation into her sons
murder nor had they officially identified or arrested any suspects in the killing.
167 The CSU is a unit in the city government tasked with traffic management and ensuring order in the citys public
withheld).
171 Affidavit by Romnick Minta filed with Davao City Prosecutors Office, November 2012.
35
Minta told Human Rights Watch that Derecho had no involvement with the death squad
even though he was an employee of the Civil Security Unit.172 He was just employed as a
traffic aide, thats all, he said. He left the group, displeased our handlers and so was
killed.173 Derechos murder has terrified his family, the relative told Human Rights Watch.
He said that Derechos wife and children did not want to pursue the case out of fear of
reprisals. Thats why Im the one doing this. Im the complainant, because he told me who
killed him.174
The relative said he is committed to pursue the case against Uy and the others. I want to
give justice to him, he said.175 However, the police have not concluded their investigations
and no one has been arrested for the murder.
172 Human Rights Watch interview with Romnick Minta, Manila, February 3, 2014.
173 Ibid.
174 Human Rights Watch interview with a relative (name withheld) of Wilfredo Derecho, Davao City, May 11, 2013.
175
Ibid.
176 His girlfriend Moon Hsu told Human Rights that Kennedys name is actually spelled Kennydy but the affidavit she
by Moon Hsu, girlfriend of Kennedy Casimina, subscribed to the Davao City Prosecutors Office, October 23, 2012.
178 Human Rights Watch interview with Romnick Minta, Manila, February 11, 2014.
179 Affidavit
by Moon Hsu, girlfriend of Kennedy Casimina, subscribed to the Davao City Prosecutors Office, October 23, 2012.
36
Its not clear in Hsus affidavit if the two died. I saw Romnick [Minta] still holding his gun
and the two men fell down [on] the road, Hsu said in her affidavit.180 But according to
Minta, one of the two men died, while the other managed to escape.181
Terrified at what they saw, Hsu said she and Casimina immediately went home to their
apartment. A short time later, Azarcon, Minta and a short, dark person arrived at their
door. Hsu said the third person with the two death squad members looked to her like a
policeman because of the gun in a holster on his waist. Hsu said Azarcon then took out a
knife, held it against Casiminas midsection and told him in the vernacular Visayan: This
knife is perfect for your body. Should you tell others, you will be next.182
On July 7, Azarcon allegedly barged into the bar armed with a .45 caliber pistol and shot
Casimina four times to the head in front of his friends.183 Minta told Human Rights Watch
that the Tagum Death Squad had wanted Casimina to witness the shooting of the two men
so Casimina would stop stealing. We did not want to kill Kennedy, only those two thieves,
he told Human Rights Watch. We knew he was stealing too and we warned him. We
thought he had reformed because he left Tagum but then he came back and resumed
stealing. We had no choice but take him out.184
The police never completed its investigation into Casiminas killing, which remains
unsolved.185
180 Ibid.
181 Human Rights Watch interview with Romnick Minta, Manila, February 12, 2014.
182 Affidavit by Moon Hsu, girlfriend of Kennedy Casimina, subscribed to the Davao City Prosecutors Office, October 23, 2012.
183 Ibid.
184 Human Rights Watch interview with Romnick Minta, Manila, February 12, 2014.
185 Ibid.
186 Affidavit by Oscar Ang, son of Alicia Ang, filed with Panabo City Prosecutors Office, January 24, 2013.
37
with no license plates. Police found two empty caliber .45 shells and a bullet at the
scene of the crime.187
Police have not arrested any suspects in Angs murder. However, police suspect the motive
was a property dispute.188 Angs son Oscar affirmed this theory. In his affidavit to support
the filing of a case against the alleged perpetrators, Oscar alleged that the other party in
the property dispute allegedly paid the Tagum Death Squad 100,000 pesos ($2,200) for
the murder.189 He identified the alleged killers as Renster Azarcon, Allan Palen, Jomarie
Abayon, and Romnick Minta.190 The latter two admitted to Human Rights Watch their
involvement in Angs contract killing. Abayon said Azarcon and Palen did the actual
shooting and that he and Minta only served as drivers of the getaway motorcycles, but
Human Rights Watch could not corroborate this.191
Oscar Ang, based on information provided by Minta, alleged that Leticia Peralta, Pepito
Peralta and Shirley Peralta-Maghanoy paid the Tagum Death Squad to murder his mother.
Ang further alleges and that murder contract was handled by Conrado Palen, police
officers Rolando Sabitsana and Alexis Magno, and Victor Cuaresma, a close aide of then
Mayor Rey Uy.192 Ang said his mother had had a disagreement with the Peraltas that a
court had resolved in his mothers favor.193 Ang alleged that after the courts decision, his
mother started receiving death threats from the Peraltas. One such threat was, in the
vernacular dialect of Visayan: Two sacks of money should be enough to make her
disappear.194
According to police sources, the Ang case remains unsolved and no suspect aside from
Romnick Minta has been arrested.
187 Woman slain in ukay-ukay shop, Sun Star Davao, August 29, 2012, http://www.sunstar.com.ph/davao/localnews/2012/08/29/woman-slain-ukay-ukay-shop-240004 (accessed February 11, 2014).
188 Ibid.
189 Affidavit by Oscar Ang, son of the victim, subscribed to Panabo City Prosecutors Office, January 24, 2013.
190 Ibid.
191 Human Rights Watch interviews with Romnick Minta and Jomarie Abayon, Manila, February 11, 2014.
192 Affidavit by Oscar Ang, son of the victim, subscribed to Panabo City Prosecutors Office, January 24, 2013.
193 Ibid.
194 Ibid.
38
195 3rd media slay in 2 weeks, Philippine Daily Inquirer, December 12, 2013, http://newsinfo.inquirer.net/544833/3rdmedia-slay-in-2-weeks (accessed February 11, 2014).
196 Block timers buy airtime from radio stations. Buyers often use this airtime for mainly commentary programs. Many of
the victims of journalist killings in the Philippines are block timers, who are not subject to the same rules of broadcast as
staff members of the radio station, and hence tend to be more critical and shrill in their commentary. The response by the
target of their on-air attacks is often violence.
197 3rd media slay in 2 weeks, Philippine Daily Inquirer, December 12, 2013, http://newsinfo.inquirer.net/544833/3rd-
39
Other colleagues said the victim had received death threats, which he liked to share with
his listeners.201
A witness to the killing told Human Rights Watch that she saw and recognized the person
who shot Butalid as Renster Azarcon, one of the key members of the Tagum Death Squad.
She personally knows Azarcon, she said, and knows him enough to recognize him even
wearing sunglasses.202 I know how he looks, I know how he dresses, Im familiar with his
gait, she said.
The witness said she was going home after visiting her father that day and stopped by
Sobrecarey Street to buy some fruit when the shooting occurred. I had bought my fruit
and was about to hail a pedicab when I saw Renren [Azarcon] across the street, riding on
the back of a motorcycle driven by another man, she told Human Rights Watch. He was
wearing a gray jacket, hiking shorts and sandals. Afraid that the alleged gunman might
recognize her, she turned around but not before she said she saw his eyes. He used a
handkerchief or a similar kind as a mask, but I saw his eyes, she said.
The moment she turned her back to hail a pedicab, she said, she heard gunshots. She said
she did not see the actual shooting.
Former Tagum Death Squads members Romnick Minta and Jomarie Abayon, in separate
interviews with Human Rights Watch, said they also suspect the death squad was
responsible for the murder of Butalid.203 Theyre still operating and the Daneco issue is
important to Uy, Minta said.204 A top police official of Davao del Norte is also convinced
that Uy was behind the Butalid murder. It had all the signs of a TDS operation, he said.205
201 Ibid.
202 Human Rights Watch interview with Agnes (name withheld), Manila, January 31, 2014.
203 Human Rights Watch interview with Romnick Minta, Manila, January 31, 2014.
204 According to several sources from Tagum City, Uy wanted to control Daneco, which supplies electricity to Tagum City and
the province of Davao del Norte, because it is a lucrative operation. He allegedly initiated a management takeover of the
cooperative by enlisting the support of the Cooperative Development Authority, which regulates all cooperatives in the
country. The National Electrification Administration, which regulates electric cooperatives, resisted the takeover move. The
dispute became acrimonious, to the point that both factions started collecting electric bills from consumers at the same time,
leading to confusion.
205 Human Rights Watch interview with police official (name withheld), Manila, December 15, 2013.
40
The police have not arrested any suspect in Butalids murder. On December 13, 2013, it
formed a task force, called Task Group Tata, to coordinate its investigations and
released as well a police sketch of the gunman.206 The current mayor of Tagum, Allan
Rellon, has offered a 100,000 peso ($2,200) reward for information about the killer.207
206 Police release description of Davao reporter's suspected killer, The Philippine Star, December 13, 2014,
http://www.philstar.com/nation/2013/12/13/1267669/police-release-description-davao-reporters-suspected-killer
(accessed February 11, 2014).
207 Reward offered for info on Tagum radioman's killers, GMANews.tv, December 12, 2013,
http://www.gmanetwork.com/news/story/339428/news/regions/reward-offered-for-info-on-tagum-radioman-s-killers
(accessed February 11, 2014.) Rellon and Butalid have known each other a long time, having been classmates in high school.
Butalid ran for city councilor under Rellons party but lost.
41
208 Human Rights Watch interviews with Romnick Minta, Davao City, May 12, 2013 and Manila, from October 2013 to February
12, 2014.
42
209 Officially, the main task of the Civil Security Unit (CSU) in Tagum City is related to law enforcement, to keep the peace in
government infrastructures such as public markets and help as well in managing the traffic in Tagum City. It is not clear when the
Tagum government created the CSU. Other cities in other parts of the country also have their own CSUs. In the case of Davao City,
members are usually in uniforms and are often seen accompanying the police on patrols or during police operations.
210 Human Rights watch interview with Romnick Minta, Manila, February 12, 2014.
211 Judicial affidavit by Jomarie Abayon subscribed to the Davao City Prosecutors Office, June 27, 2013, attested by private
lawyer Mariano Alegarbes.
212 Ibid.
213 In one case, a CSU member who was not a death squad member was arrested for carrying a firearm. The court dismissed the
case after his lawyers argued that the firearm was legal. He had papers from City Hall, said a police officer privy to the case.
214 Illegal detention case vs. arresting NBI agents Cee O, Rural Urban News, November 4, 2010,
43
They could also drive motorcycles with no license plates without fear of being stopped by
authorities. That helped enable them to commit targeted killings with impunity.216
According to Abayon and Minta, Rolando Rolly Sabitsana, a non-commissioned police
officer with the rank of Senior Police Officer 1 (equivalent to staff sergeant in the military),
acted as the team leader of the Tagum Death Squad. He also directly supervised one of the
two teams comprising the death squad.217 Sabitsana often assigned missions to specific
TDS members. A police intelligence officer told Human Rights Watch:
My colleagues would tell me, when I was new, to keep quiet. These officers
are the mayors men. One of them was Sabitsana, Rolly Sabitsana. So we
just kept quiet. We couldnt arrest them. We couldnt do anything when
theyre in front of us. But we knew what they were doing.218
As the team leader who controlled the death squad, Sabitsana had direct access to two of
Uys most trusted men: Conrado Rading Palen and Victor Kulot Cuaresma.219 Both
reported directly to Uy, who in turn would always relay his orders to them, not directly to
the hit men. Minta told Human Rights Watch:
Sabitsana handled us. Rading was our adviser. Victor was always at Mayor
Uys house and he was the one who would send us text messages about an
upcoming job. Victor also handled our finances.220
According to Minta, Palen, who was officially designated as an intelligence operative of
the Tagum police, directly supervised the other team to which he belonged.221 If Mayor [Uy]
has an event that required more security, Sabitsanas team would be the more visible one
while ours would just be watching in the sideline, Minta said.222
216 Human Rights Watch interview with a police intelligence officer (name withheld), Davao City, May 11, 2013.
217 According to police sources, Rolando Sabitsana has been recalled to the Philippine National Police Regional Office 11
based in Camp Catitipan, Davao City, where he continues to serve the police force.
218 Human Rights Watch interview with a police intelligence officer (name withheld), Davao City, May 12, 2013.
219 Human Rights Watch interviews with Romnick Minta, February 12, 2014, and Jomarie Abayon, January 31, 2014.
220 Human Rights Watch interview with Romnick Minta, Manila, February 12, 2014.
221 City Council resolution extending financial assistance to Palen, December 8, 2008,
44
The death squad also had the cooperation of several members of the Tagum City Police
Station, some of whom are named as respondents in the cases filed by the families of the
victims before the Office of the Ombudsman. One of them, Alex Manigo, ranked police
officer 3 (equivalent of master sergeant in the military), was Sabitsanas right-hand man.
He had gone officially absent-without-leave (AWOL) when the Tagum Death Squad
dispersed after the defeat of Uy in the elections. However, he was recently appointed as
head of the CSU in Compostela Valley province, where Uys brother, Arthur, is governor and
where killings have also been taking place.223
The intelligence officer told Human Rights Watch that Uy micromanaged the Tagum City
Police Station.224 That control explained the police officers often blind obedience to Uys
orders. Police officers were also concerned about reprisals for refusing Uys orders after
the Tagum Death Squad targeted several police officers for death.225 The intelligence
officer said:
223 Human Rights watch interviews with Romnick Minta, Manila, February 12, 2014 and with a senior police official, Manila,
February 12, 2014.
224 According to interior undersecretary Austere Panadero, a city or town mayor does not have actual total control of the
police force because the mayor would still have to select his police chief from three recommended by the Philippine National
Police, who technically would vet the candidates and ensure that his rank and skill are commensurate to the needs of the
town or city.
225 Human Rights Watch interview with police official (name withheld), Davao City, May 11, 2013.
226 Human Rights Watch interview with police intelligence officer, name withheld, Davao City, May 11, 2013. Under the Local
Government Code, the mayor can appoint his police chief based on the recommendations of the Philippine National Police,
which nominates three.
227 According to Interior Undersecretary Austere Panadero, the local government units such as the town and city would often
45
that he wasnt consulted about the OIC, the source said.228 A government official privy to
the dynamic of the police and local government confirmed this account to Human Rights
Watch.229
But it soon became apparent that control of the police force was Uys true objective.
Without a police chief of his own choosing, he would have difficulty committing all of
these crimes, said a police official from Davao del Norte province.230
Among the hit men, Renster Renren Azarcon stood as the most senior, and most feared.
Based on the testimonies of former members and the affidavits of relatives of victims,
Azarcon did most of the actual shooting.
The death squads weapon of choice was a .45 caliber pistol; different calibers and types
of handguns were also used, although not as often.231 During their hits, the killers typically
would wear baseball caps and sunglasses.232 The members also used motorcycles that
came from City Hall with red plates indicating that they were government property.
However, the assailants removed the plates or replaced them with a For Registration
plate.233 Victor Cuaresma, Uys close aide who helped run the death squad, procured the
motorcycles from City Hall.234 In between jobs, these motorcycles would be hidden in a
safe house owned by a relative of Sabitsana in Tagum City.235 They used the safe house
for meetings about upcoming jobs and also gathered there to collect their payment.236
228 Human Rights Watch interview with a police intelligence officer (name withheld), Davao City, May 11, 2013.
229 Human Rights Watch interview with a local government official (name withheld), Davao del Norte, August 12, 2013.
230 Human Rights Watch interview, Davao City, May 11, 2013.
231 Human Rights Watch interviews with former TDS members (names withheld), Davao and Manila, May, 12, 2013 and
46
decade Maoist insurgency in the Philippine countryside.237 These are Conrado Rading
Palen, the groups adviser, as well as former TDS member Romnick Minta.238 Palen was an
NPA guerrilla in the 1980s up to the early 1990s, according to a high-ranking NPA leader in
the Southern Mindanao region.239 It is not clear when Palen started working for Uy. However,
shortly after he began as Uys close aide, the volume of complaints about the killings and
Palens brutality prompted the NPA to consider killing him.240
Mintas NPA origins had many distinct advantages. First, he was already familiar with
weapons and had undergone some combat training. Minta had more importantly been a
member of the Sparrow Unit, the NPAs assassination squad.241 He eventually surrendered
to the police and began working for them. He initially worked as a police agent providing
information about criminals or suspected criminals. Minta told Human Rights Watch:
I agreed to be their agent because I had no other options. I dont want them
to be angry at me. I had just surrendered and asked for help from them.242
In 2010, Minta said he met Mayor Uys men. A police intelligence officer who learned of his
surrender in 2009 from another former rebel referred him to the death squad. The
recruitment was easy, mainly because Minta had received government assistance as a
rebel returnee. He was first used as an alpha, which is TDS jargon for a spy who did
mostly surveillance work. His job was to check out suspected criminals who had been the
subject of complaints, particularly those who just got out of prison and were likely to
commit another crime.243
237 The NPA is very active in the region of Southern Mindanao, to which Tagum City and the provinces of Davao del Norte and
2013, and an NPA leader, Manila, February 13, 2014. The NPA leader said they were aware that many of those who quit the
insurgency are prone to recruitment by politicians. He said they could not do anything about that but said that those ex-guerrillas
who committed abuses against the people are always subject to revolutionary justice. Indeed, the NPA has long executed
former comrades who committed crimes against ordinary citizens or ended up working for the police and military.
242 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
243 Ibid.
47
In 2011, Minta became one of the TDS hit men. He said he joined the Civil Security Unit that
same year and received a briefing from no less than retired police Col. Abraham Catre, the
head of the CSU, and Mayor Uy himself.244 He said the CSUs duties included monitoring
and to get rid of lawless elements of Tagum City such as but not limited to thieves,
snatchers, drug pushers, killers, robbers.245
Minta made his first kill as a TDS member that same year. Minta insists that the TDS
compelled him to do the killing and that he was forced to join the squad primarily out of
fear. If I didnt join, I would be targeted [for death by the TDS], he said.246
Most TDS members came from the streets of Tagum: jobless youths and local toughs who
had committed crimes such as robbery and drug use.247 One of them, Renster Azarcon, was
a former soldier who had gone AWOL. Another was Marlon Hepalago, a former TDS member
who said in his affidavit that Azarcon recruited him in December 2009. I was specifically
designated to be the driver only of the motorcycle used during the summary killings they
made, Hepalago said.248
Jomarie Abayon was only 17 when he was recruited into the TDS by Azarcon.249 Fearful that
his fellow hit men were planning to kill him, Abayon left the group in 2013, at age 22. Minta
described Abayon as a gangster who gained the confidence of the team leaders because
he would identify other criminals in Tagum who they would later murder.250 Michael,
another member, was a drug addict, while Trongtrong was a notorious thief. Allan,
another member, is a relative of Conrado Palen, one of the team leaders.251
244 Affidavit by Romnick Minta, subscribed to the Davao City Prosecutors Office, October 1, 2012.
245 Affidavit by Romnick Minta, subscribed to the Davao City Prosecutors Office, October 1, 2012.
246 Human Rights Watch interview with Romnick Minta, Manila, February 12, 2014.
247 Human Rights Watch interviews with Romnick Minta, Davao City, May 12, 2013, and Jomarie Abayon, Manila, January 31, 2014.
248 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
249 Human Rights Watch interview with Jomarie Abayon, Manila, January 31, 2014.
250 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
251 Ibid.
48
Minta said the TDS very easily recruited these men owing to their notoriety in the
community and their criminal records.252 This provided the killers a distinct advantage as
they were often already familiar with their targets from before and their habits.253
Minta said TDS members were often told by their leaders that their mission, the reason
why were here, was to rid Tagum City of criminals:
They said they wanted to clean up Tagum, to bring change to Tagum, so that
bad elements would think twice in coming in because they would end up
dead in Tagum.254
Aside from the occasional target shooting, members of the death squad did not undergo
other training.
252 Ibid.
253 Ibid.
254 Ibid.
255 Affidavit by Romnick Minta, subscribed to the Davao City Prosecutors Office, October 1, 2012.
256 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
49
Minta described the TDS modus operandi as a more streamlined version of the slow,
corrupt and unpredictable Philippine justice system. Minta praised TDS methods as a
more efficient way to dispense justice. Once arrested, the longest a person can be
jailed is 24 hours if no case is filed against him, he told Human Rights Watch. Our job
was to eliminate him immediately if no one filed a case.257
Minta indicated that the TDS respected the judicial principle of double jeopardy by not
targeting individuals for crimes for which they had already served time in prison. Instead,
he said the TDS only targeted those which the death squad believed had committed crimes,
but had successfully evaded arrest and prosecution.
Other targets of the death squad were also listed in what members called the order of
battle or OB.258 Marlon Hepalago, the former member, recalled in his affidavit the
February 20, 2011, killing of a police officer named Edwin Gonzales de Guzman on
Sobrecarey Street. The reason for the killing as given by Rading was that the said police
officer was already in their OB and the killing was approved by Mayor Rey Uy.259 De
Guzman attributed the killing to Renster Azarcon, who did the shooting, while riding on a
motorcycle that Hepalago drove.
The children that frequented Freedom Park knew of and dreaded this OB and some of them
went to the extent of contacting the people who allegedly maintained that list.260 Jomarie
Abayon, a former TDS member, told Human Rights Watch the OB also included names
allegedly reported to the mayor and his men through a radio program that broadcast a
mobile number to which citizens can report crimes or suspected criminals. Abayon said:
That number would receive a lot of calls and texts identifying suspected
criminals. Our task was to check out the names, whether these people
actually were committing the crimes they were accused of committing. If we
257 Ibid.
258 The order of battle or OB is a military instrument in which enemies are listed and, at least in the Philippine context,
targeted for elimination.
259 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
260 Human Rights Watch interview with Jomarie Abayon, Manila, January 31, 2014.
50
confirmed it, our leaders would then assign the job [to kill the alleged
criminal].261
The weeds of Tagum City, however, were not the only targets of the Tagum Death Squad.
According to Minta, their leadersConrado Palen and Victor Cuaresmaalso deployed the
TDS for the contract killings of individuals outside of the usual profile of petty criminals.
They included ordinary residents, businessmen, and even police officers. Palen and
Cuaresma allegedly pocketed the largest portion of payments for these contract killings,
sharing with the group a few thousand pesos for each hit. Hepalagos affidavit states that
he drove the motorcycle that Azarcon used in the September 5, 2010, killing of Mario
Bongabong, one of Palens alleged competitors in the small-scale mining business.262 The
murder of Alicia Ang was another such case of a contract killing that Palen facilitated after
the alleged masterminds approached him because the victim sued them in court over a
property dispute and won.263
Both Minta and Abayon said Mayor Uy did not necessarily have first-hand knowledge of the
planning of these non-weeds killings, but that he tolerated such abuses. [Uy] allowed
Palen and Cuaresma to do these other killings as long as we were not caught and as long
as we can show that the targets were bad elements, Minta said.264
Other members of the death squad, encouraged by Palens and Cuaresmas deployment of
the TDS for personal gain, were inspired to do likewise. Romnick Minta and Jomarie
Abayon said that other TDS members began fabricating allegations against individuals in
order to create greater number of paid contract killings. They will kill even those who are
not guilty. They will just text the mayor and say they will [kill] a drug addict, a police
officer said.265 Minta said that the TDS leaders learned that fabricating drug allegations
against an individual in order to justify a summary killing was an easy way to get Uys
approval for such murders.266
261 Ibid.
262 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
263 Affidavit by Oscar Ang, son of the victim, subscribed to the Panabo City Prosecutors Office on January 24, 2013.
264 Human Rights Watch interview with Romnick Minta, Manila, February 12, 2014.
265 Human Rights Watch interview with a police officer,
266 Ibid.
51
Operations
The vast majority of the TDS killings investigated by Human Rights Watch involved the use
of motorcycles. These belonged to the Tagum City government and would be assigned to
members of the death squad officially employed as security aides of the Civil Security
Unit.267 Each murder typically involved four men riding two motorcycles. In some instances,
the TDS would deploy six men on three motorcycles in cases in which they suspected the
victim would have the ability to fight back.268
According to Minta, after Palen or Cuaresma finalized a hit, often with Mayor Uys
approval, they or sometimes Uy himself would contact Sabitsana. Sabitsana would then
send text messages to specific TDS members to carry out the task of either conducting
more surveillance on the subject or the actual murder itself. In some instances, as in the
case of the murders of Epifanio Salmin and Dennis Angeles, the assigned killers would
meet with the team leaders and even the person who allegedly ordered the killing, to
discuss the job formally.269
Minta said TDS members worked under three supervisorsPalen, Cuaresma, and
Sabitsana.270 Minta said he and other TDS members would be told not to report to the CSU
office, but had to be available by mobile phone 24 hours a day. TDS members would await
instructions as to the identity and location of the target. Sometimes, the assigned
assailants were given photos, descriptions, sketches, and the address of the target.271 The
supervisors would specify the division of laborwhich TDS member was the gunman and
which one the motorcycle driver.272 Minta told Human Rights Watch:
[TDS members] didnt plan what we did. It came from the mayor. From the
mayor, this would be forwarded by text to Rolly [Sabitsana]. Rolly then
would forward this to us. Then we do the job. After finishing our job, we
267 Human Rights Watch interview with Romnick Minta, Manila, February 11, 2014.
268 Ibid.
269 Ibid.
270 Affidavit by Romnick Minta subscribed to the Davao City Prosecutors Office on October 1, 2012.
271 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
272 Affidavit by Romnick Minta subscribed to the Davao City Prosecutors Office on October 1, 2012.
52
would text Rolly and report that we did it. Then the mayor would reply and
say okay.273
Minta and Jomarie Abayon, another former member, said that police officers were also
involved in the killings. They were with us, Abayon said. We would clear our operations
with their intel and they would reply, Were a go today, lets go to work. We would also do
jobs for them if they have jobs for us.274
There were instances when the TDS didnt even have to clear a murder with their leaders.
Minta said that on several occasions, TDS members who happened to catch a thief would
just kill him outright. The instruction to us was if we were sure the target had committed a
crime, we can kill him without clearing it with them first, Minta said.275
Killings were often committed in broad daylight and the weapon of choice was usually
a .45 caliber pistol. While TDS members were not given a quota, Minta said they often
killed two or three victims a week, depending on orders from their leaders.276 Minta told
Human Rights Watch that the TDS had also killed outside Tagum, as far away as Butuan
City, in northern Mindanao. 277 Sometimes, TDS members got assignments to work as
bodyguards for businessmen who contracted the squads team leaders.278
The TDS members would often regroup after a killing at their safe house in Visayan Village,
Tagum City, owned by Sabitsana.279 The safe house was also where Palen or Cuaresma
would pay TDS members, usually a week after a killing. On at least two occasions, Mayor
Uy himself personally paid the killers.280 However, Minta said that Uy forbade TDS
members from going to his office at City Hall. [Instead], we go to his residence beside the
273 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
274 Human Rights Watch interview with Jomarie Abayon, Manila. January 31, 2014.
275 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
276 Ibid.
277 Ibid.
278 Ibid.
279 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
280 Affidavit of Jomarie Abayon; Human Rights Watch interview with Romnick Minta, Davao City, May 11, 2013.
53
Grand Mall. We enter the red gate of his house, enter the bodega and turn right to his
house to wait for the payment from him, Minta said.281
Financing
The TDS as a unit got paid 5,000 pesos ($110) for every killingan amount the members of
the group would divide among themselves.282 The money would come from Uy himself,
channeled through either Victor Cuaresma or Conrado Palen.283 On at least two occasions,
Uy personally paid Romnick Minta and Jomarie Abayon for two killings.284 In such instances,
the payment occurred in the former mayors home in Apokon, Tagum City, which they
called Jaguar, according to former death squad members.285
As an employee of the Civil Security Unit of City Hall, Minta also received a monthly salary
of about 10,000 pesos ($220).286 That compares to a provincial monthly minimum wage of
7,224 pesos.287 Contract killings augmented this salary, depending on how many TDS
members were involved in a particular murder. Former member Marlon Hepalago said that
driving the gunmans motorcycle paid 3,000 pesos ($66) in the murder of Palens business
rival Mario Bongabong.288 Hepalago said he earned 2,000 to 3000 pesos per contract
killing, depending on the budget for the hit.289
None of the former TDS members said they knew where Mayor Uy sourced the money to
pay them or spent on their behalf, as in the case of Jomarie Abayon, who was wounded
during his attempt to kill Romnick Minta on September 8, 2012, and whose hospital bills
Uy paid for.290
281 Affidavit by Romnick Minta subscribed to the Davao City Prosecutors Office on October 1, 2012.
282 Human Rights Watch interviews with Romnick Minta, May 12, 2013, and Jomari Abayon, January 31, 2014
283 Ibid.
284 Ibid.
285 Ibid.
286 Affidavit by Romnick Minta subscribed to the Davao City Prosecutors Office on October 1, 2012.
287 Department of Labor and Employment Wage Order No. RB-XI-17
54
Minta suspected the funds came from the payments of third parties who contacted the
mayor or his close aides for contract killings.291 Some Tagum residents suspected that Uy
sourced the contract killing payment from corrupt activities, among them kickbacks from
government contracts, even demanding a cut in the profit from small business.292
But the funds for the TDS did not necessarily come from illicit sources. Under the law that
created the Philippine National Police, mayors such as Uy can augment the citys security
forces by employing or deploying units of the PNP or by creating community safety
plans.293 Funding for these initiatives can either come from the citys budget or can be
sourced through what are called intelligence funds.294 Local executives are given much
leeway, often discretionary, in spending these intelligence funds, also called confidential
funds, to help in peace and order efforts.295
291 Human Rights Watch interview with Romnick Minta, May 12, 2013.
292 Human Rights Watch interviews with a businesswoman, name withheld, Tagum City, August 12, 2013 and interview with a
http://www.gmanetwork.com/news/story/209137/news/specialreports/pnoy-to-have-p1-2-b-in-unaudited-intel-funds
(accessed March 8, 2014).
296 Human Rights Watch, You Can Die at Any Time.
297 Human Rights Watch interview with Romnick Minta, May 12, 2013.
298 Human Rights Watch interview with Felix (name withheld), a former member, May 11, 2013.
299 Human Rights Watch interview with Romnick Minta, May 12, 2013.
55
friend, Minta said. He was a good man. He helped me when I surrendered [from the NPA].
Thats why I told them I could not do it.300
In the afternoon of August 31, 2012, TDS members Renster Azarcon and Trongtrong shot
Aover dead while the police officer stood in front of his store in Mawab town, in nearby
Compostela Valley province. The gunman walked up to Aover and shot him point-blank in
the head, killing him on the spot.301 A police officer told Human Rights Watch that Aover
had started to investigate the death squad, hence the attack.302
Three days after Aovers murder, on September 4, Minta received word that he had been
fired from the CSU. Four days later, on September 8, the death squad tried to kill Minta.
They did it by attacking Mintas brother Mario and drawing Minta to the crime scene.303
In the morning of that day, Abayon said he received a text message from Mario Minta
inviting him over for a drink. He went to see Minta, drank brandy, and, when he had the
slightest opportunity, shot Minta several times in the headso many times that,
according to Abayon, he emptied two magazines of the .45 caliber pistol he used.304
Abayon then called Romnick Minta on his phone, telling him that Mario had been shot
dead moments ago at a place called Jalandoni in Tagum City. Minta quickly went to the
scene of the crime and saw Abayon holding a gun. Minta shot Abayon, hitting him in the
back, puncturing his kidney.305 Abayon shot back, wounding him in the chest. Abayon ran
and Minta managed to hail a pedicab that brought him to the hospital. Minta, however, was
sure that the TDS or even members of the Tagum police would finish him off at the hospital.
So he left and approached a contact at the Davao del Norte Provincial Police Office, which
subsequently provided him protection and convinced him to testify about the killings.306
300 Ibid.
301 John Roson, Cop gunned down in Compostela Valley, Blueblitzkrieg, September 1, 2012,
http://blueblitzkrieg.wordpress.com/2012/09/01/cop-gunned-down-in-compostela-valley/ (accessed February 13, 2014).
302 Human Rights Watch interview with police officer, Davao City, May 12, 2013.
303 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
304 Ibid.
305 Affidavit of Jomarie Abayon, subscribed to Davao City Prosecutors Office, June 27, 2013.
306 Ibid. Abayon himself later turned against the TDS, agreeing to testify but his testimony is not yet included in the case
because he had a falling out with those handling the case at the Davao del Norte Police Office. He remains in hiding and told
56
Abayon confirmed Mintas account to Human Rights Watch. Around early September,
Mayor Uy decided to have Minta killed after Palen told him about Mintas refusal to take on
the Aover assignment, Abayon said.307 Go ahead and do it. People like that will put us in
danger, Abayon quoted the mayor as saying. He meant kill Romnick. There were six of us
in that meeting at the hut inside the mayors compound. He kept cursing, Abayon said of
Uy, who used the Visayan word for devil to describe Minta. They snacked on bread and soft
drinks during the meeting, Abayon said.308
After Mintas [dismissal], we were told to include in our reports that Romnick Minta and
his brother Mario Minta alias Jonas have organized a robbery gang in Tagum City and
are responsible for various robbery taking place in Tagum City, Abayon said of the
justification to target Minta.309 He said he was at the meeting one day in September 2012,
at the house of Police Officer 3 Leonardo Abrenica in Tagum City, where members of the
TDS and all intelligence personnel of the Tagum City Police Station planned to kill
Minta and his brother.310 Uy, he said, arrived during the course of the meeting, but left
ahead of the others.311
Abayon said he himself would later become the target of liquidation after he failed to kill
Romnick Minta, who went on to testify against Uy and the others.312 After the TDS team
leader Palen convinced Abayon to report back to the TDS after hiding for months, Abayon
agreed to meet Palen at the entrance of a mall in Tagum City. Abayon said he did not
proceed to the agreed spot, but instead observed it from afar. Soon, he said, he saw his
former death squad members riding in motorcycles arriving at the place. Thinking that he
was about to be ambushed, Abayon said he slipped away and did not show up.313
Human Rights Watch that he, too, fears for his life. He and Minta have since settled the issue of Abayons shooting of Mintas
brother both said it was nothing personal.
307 Human Rights Watch interview with Jomarie Abayon, Manila, January 31, 2014.
308 Ibid.
309 Sworn affidavit of Jomarie Abayon subscribed to the Davao City Prosecutors Office, June 27, 2013.
310 Ibid.
311 Ibid.
312 Ibid.
313 Ibid.
57
Shortly before noon one day in July 2012, a TDS member known as Felix was on his way
home by motorcycle when he noticed another motorcycle tailing him. He decided to turn at
a street before the village where he lived. He then stopped his motorcycle, dropped the
plastic bag he was carrying and pretended to pick it up. He said he saw the other
motorcycle in his rearview mirror stopped not too far from where he was. He turned around
to have a better look at the assailants, but they shot him instead, twice. One of the bullets
hit him in the head, the other in the leg. Bleeding, Felix managed to shoot back, forcing the
hit men to drive away, and survived his wounds.314
Felix was a member of the TDS tasked mainly with driving the motorcycles used in the
killings. He believed that his business dealings in small-scale mining must have angered
the leaders of the TDS, who were also into small-scale gold mining.315
The TDS killed Cyrian Bautista, another alleged member, on March 6, 2011, in Madaum,
Tagum City. According to Marlon Hepalago, Renster Azarcon shot Bautista while he drove
the motorcycle used in the attack.316 A relative of Bautista confirmed that he worked for the
CSU and that he was always armed. The relative also said a companion of Bautista at the
CSU had warned him as early as December the year before of the plan by the death squad
to kill him because he allegedly was using and dealing drugs.317
Jomarie Abayon, who is now in hiding both from the police and the death squad, said that
Palen continues to contact him via text messages, pleading for him to come back but
Abayon said he ignored Palen. Im not stupid. I know theyre going to kill me the moment
they see me, Abayon said.318
In his affidavit, Hepalago divulged that he stopped reporting for work with the TDS after
the July 28, 2010, murder of a suspected drug pusher, John Mark Mancao, at the city public
market.319 Hepalago received text messages afterward from Azarcon and Sabitsana, asking
314 Human Rights Watch interview with Felix (name withheld), Davao City, May 11, 2013.
315 Ibid.
316 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
317 Human Rights Watch interview with relative of Cyrian Bautista (name withheld), August 2013.
318 Human Rights Watch interview with Jomarie Abayon, Manila, January 31, 2014.
319 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
58
him to report back to the TDS. When he refused, they started threatening to kill him.320
Hepalago changed his mobile phone SIM card and went into hiding.
Aside from Bautista, Hepalago said at least three more members who opted to get out were
also eventually targeted for killing. Minta told Human Rights Watch that he knew of at least
three murders of former members while he was still with the group.321
320 Ibid.
321 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
59
322 Human Rights Watch interview with then Mayor Celso Lobregat, September 2012.
323 List of cases from the Tagum City Police Office and the Davao del Norte Provincial Police Office.
324 Human Rights Watch interview with Under Secretary Austere Panadero of the Department of the Interior and Local
60
duties, all public officials and employees are under obligation to (a) Act promptly on letters and requests. All public officials
and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of
communications sent by the public. The reply must contain the action taken on the request.
328 International Covenant on Civil and Political Rights (ICCPR), adopted December 16, 1966, G.A. Res. 2200A (XXI), entered
into force March 23, 1976, art. 6. The Philippines ratified the ICCPR in October 1986.
329 Human Rights Committee, General Comment 6, Article 6 (Sixteenth session, 1982), Compilation of General Comments
and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.1 at 6 (1994), para. 3.
330 ICCPR, art. 2. Governments should make reparations to individuals whose rights have been violated. See Human Rights
Committee, General Comment 31, Nature of the General Legal Obligation on States Parties to the Covenant, U.N. Doc.
CCPR/C/21/Rev.1/Add.13 (2004), paras. 15 and 16.
61
convicted, punished with appropriate sanctions, and that the victims families are
adequately compensated.331
331 Human Rights Committee, Concluding observations on the fourth periodic report of the Philippines, adopted by the
62
targets, the police would clear the way first and [they would be] the first ones to appear at
the scene of the killing before the operatives of the PNP Crime Lab could come.336
Police officers also took part in attempts to cover-up the murders. On at least one occasion,
as noted above, police officers allegedly arrested and tortured the boy known only as
Jerome in an effort to find out if Jerome indeed witnessed the abduction of another boy,
Macky Lumangtad, who was later murdered.337 Police officers would also take part in
fabricating reports to justify many of the killings.338 In fact, most of our reports were
already prepared by police intelligence personnel of the Tagum City Police Station and we
were only made to sign it, Abayon said.339
In the killing of Jesus Cabayacruz on April 24, 2012, former TDS member Minta said he and
fellow TDS members sent text messages to three members of the Tagum City Police Station
intelligence teamSenior Police Officer 3 Jose Bingil, Police Office 3 Leonardo Abrenica,
and Senior Police Officer 1 Divina Agocoyto alert and inform them that we were about to
do summary killing at that particular vicinity.340
Human Rights Watch also learned that an official from the Tagum City Police Station
discouraged other agencies, such as the Commission on Human Rights (CHR), from
investigating the killings, telling them that Uy does not respect the CHR.341 However,
prior to the surrender to police of TDS member Romnick Minta, the death squad also
discouraged official scrutiny of their killings by threatening police who sought to
investigate those crimes.342
336 Sworn affidavit of Jomarie Abayon subscribed to the Davao City Prosecutors Office, June 27, 2013
337 Human Rights Watch interview with Romnick Minta, Manila, March 7, 2014.
338 Sworn affidavit of Jomarie Abayon subscribed to the Davao City Prosecutors Office, June 27, 2013
339 Ibid.
340 Affidavit of Romnick Minta, subscribed to the Davao City Prosecutors Office, November 12, 2012.
341 Ibid.
342 Human Rights Watch interview with a police intelligence officer, Davao City, May 11, 2013.
63
344 Human Rights Watch interview, Davao City, August 13, 2013.
345 Human Rights Watch interview, Manila, January 31, 2014.
346 Human Rights Watch interview with a police intelligence officer, Davao City, May 11, 2013.
347 The CHR is a constitutional body tasked to investigate, on its own or upon a complaint filed by a citizen, human rights
violations. It has offices in the various regions of the Philippines. For more on the CHR, visit www.chr.gov.ph.
348 Human Rights Watch interview with Emil Cajes, chief of the investigation division of the Commission on Human Rights in
the Southern Mindanao Region, Davao City, August 12, 2013.
349 Human Rights Watch interview, Davao City, August, 2013.
350 Ibid.
64
In fact, the CHR was treading on very dangerous ground when it conducted the
investigation and may have exposed at least one of the witnesses to danger. According to
Romnick Minta, their team leader ordered Jeromes murder because he had seen the killers
of Macky Lumangtad lead him away from Freedom Park the day before his murder.351 Four
members of the TDS shot Jerome to death in August 2011.352 Minta said that after Jeromes
murder, Uy allegedly ordered the TDS to lie low for a month because the human rights
people are investigating.353
Role of Ombudsman
The Office of the Ombudsman is a government body tasked with investigating complaints
filed against government officers or employees and enforcing administrative, civil, and
criminal liability. Since it is formally independent of the executive branch and the armed
forces, it is in a position to effectively investigate allegations of abuse by local government
officials and security force personnel. However, it has acquired a poor record in resolving
complaints brought to its attention. 354
Based largely on Romnick Mintas testimony, some of the victims relatives, with the
prodding and help of officials of the Davao del Norte Provincial Police Office, filed
administrative cases before the Office of the Ombudsman against Uy and other officials of
the Tagum City government and the Tagum City Police Station. The sworn statement of two
other former TDS hit men were later added as evidence in the case. So far, however, the
Ombudsman has not yet concluded the results of its investigation, if any.355 No criminal
case has been filed in court against any of the perpetrators, according to police officials
familiar with the killings.
351 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
352 Refer to case of Jerome in page 25 of this report.
353 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
354 Human Rights Watch, They Own the People: The Ampatuans, State-Backed Militias, and Killings in the Southern
Philippines, November 16, 2010, http://www.hrw.org/reports/2010/11/16/they-own-people-0, p.81.
355 The Ombudsman accepts complaints against public officials, including members of the police force. After investigation, it
can mete out administrative sanctions such as suspension or dismissal from service. In some cases, it recommends the filing
of criminal cases against respondents.
65
VI. Recommendations
To the President of the Philippines
Direct the Office of the Ombudsman and the National Bureau of Investigation to
conduct an investigation into summary killings in Tagum City for the purpose of
prosecuting all those involved in death squad activity. Also investigate and
prosecute as appropriate officials failing to investigate such killings.
Work with the National Bureau of Investigation in probing the alleged involvement
of Tagum City officials in the targeted killings in that city, chief among them former
mayor Rey Chiong Uy, mete out corresponding disciplinary action, and recommend
the prosecution of police officers implicated in these killings.
Investigate the formation and activities of Civil Security Units in various cities in
the Philippines and ensure that these are acting in accordance with the law.
66
Immediately remove from service, officers of the Tagum City Police Station found to
be involved in death squad activity. Evidence against implicated officers should be
filed with the National Bureau of Investigation for criminal prosecution.
Direct the PNP Internal Affairs Division to investigate the alleged participation and
complicity of police officers in targeted killings in Tagum City, including officials
who fail to rigorously investigate cases or hand them over for prosecution as
appropriate. Evidence against implicated officers should be filed with the National
Bureau of Investigation for criminal prosecution.
Educate police officers on issues affecting street children, and train them to ensure
that rights accorded to children are protected.
Make PNP operational procedures, the investigators manual, and other guidelines
setting out duties of police officers easily accessible to the public. Ensure that the
guidelines place a duty on law enforcement officers to protect the fundamental
rights of criminal suspects and the security of witnesses.
Order the National Bureau of Investigation to investigate the killings in Tagum City
and promptly act on its findings.
Institute measures for witnesses to offer testimonies safely, for example by using
video-conference testimonies, closed courtrooms, or depositions.
67
Produce and disseminate information for crime victims that explains their legal
rights, such as their right to have the state pay for autopsies in alleged murder
cases and their right to be informed of the status of relevant investigations. Adopt
mechanisms to encourage the filing of complaints by those whose rights have been
infringed by law enforcement officers.
Publicly release the findings of the commissions investigation into the Davao
Death Squad.
Resolve and make public the case filed before the Office of the Ombudsman for
Mindanao against former Tagum City mayor Rey Chiong Uy and other individuals
allegedly involved in the Tagum City killings.
68
Investigate the killings of children in Tagum City and provide assistance to the
families of victims of these killings.
Ensure that children in conflict with the law in Tagum City are provided the needed
assistance and intervention.
To City Mayors
Cease all support for, and actively discourage, anti-crime measures that encourage
or facilitate violations of the law.
Disband the Civil Security Unit or similar city agencies whose functions violate the
law.
Assist the NBI and PNP in their investigations of death squad activities.
Seek assistance from national police agencies into killings and other serious
crimes implicating local officials and police.
Consult with health and human rights organizations to design and implement
rehabilitative programs for drug users, including children.
Press the Philippine government to keep its pledges on human rights, the rule of
law, and good governance, by investigating alleged death squad activities
throughout the country and prosecuting all those responsible.
69
Support local nongovernmental organizations that provide legal and other services
to victims of government abuses and street children, and that provide
rehabilitative programs to drug users, including children.
Offer to support external law enforcement assistance with investigations into death
squad activity.
To the US Government
The United Pacific Command in Hawaii, the United States Agency for International
Development (USAID), the Federal Bureau of Investigation (FBI), the Drug
Enforcement Agency (DEA), ICITAP, and all other US agencies that work with the
PNP should vet all police officers enrolling in US-funded programs in accordance
with the Leahy amendment to ensure that participants have not been implicated or
complicit in targeted killings or other extrajudicial killings.
70
Acknowledgments
This report was edited by Phelim Kine, deputy Asia director. James Ross, legal and policy
director, provided legal review. Danielle Haas, senior editor, and Bede Sheppard, deputy
children's rights director, also reviewed the report. Shaivalini Parmar and Storm Tiv,
associates for the Asia Division, provided administrative and technical assistance. Fitzroy
Hepkins, Grace Choi and Kathy Mills provided production assistance.
We would especially like to thank the victims and their families, as well as witnesses,
government and police officials, and former TDS members who agreed to talk to us for this
report. We are indebted to the nongovernmental organizations, lawyers, activists,
members of the clergy and journalists who generously assisted us in the course of our
research and often provided comments and feedback on our work.
71
hrw.org
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For more information, please visit our website: http://www.hrw.org
MAY 2014
978-1-62313-1319
Methodology...................................................................................................................... 6
I. Background ..................................................................................................................... 8
Tagum City ............................................................................................................................. 10
Attacks against Tagum Death Squad Members and Tagum Police ............................................ 55
Acknowledgments ............................................................................................................. 71
Map of Mindanao
Summary
Just one shot to the head.
Romnick Minta, former Tagum Death Squad member, describing the
October 2011 killing of Roberto T. Onlos in which he was involved
consisted of 14 hit men and accomplices on the government payroll, with active
involvement from local police all the way up to Tagum Citys former mayor, Rey Chiong
Uy, who was in office from 1998 to June 2013.
Despite the dispersal of TDS members after Uy left office, TDS-style killings have continued,
although less frequently, sparking concerns that elements of the death squad remain
operational and are continuing to kill for financial gain. However, the paymaster for these
post-Uy era hits is not known.
Many of the extrajudicial killings through June 2013 appeared rooted in Mayor Uys public
anti-crime campaign, which sought to rid Tagum City of what the mayor frequently referred
to as weeds: suspected petty criminals, drug dealers, small-time thieves, and children
living or working on the streets. The killings seem intended to send an anti-crime message
to the general population as much as to eliminate specific individuals: many were carried
out in broad daylight in public places, including near Tagums City Hall, by motorcycleriding gunmen using .45 caliber pistols.
Others targeted by the Tagum Death Squad were victims of guns-for-hire operations.
Among these were a journalist, a judge, and a tribal leader as well as local politicians and
businessmen. TDS members who refused to carry out orders, sought to quit, or otherwise
fell into disfavor were themselves likely to become death squad victims.
Former death squad members told Human Rights Watch that the Tagum Death Squad at its
peak consisted of 14 people, and included ex-convicts, street children, and former
members of the communist New Peoples Army. Several TDS members were officially
employed with the citys Civil Security Unit (CSU), which is responsible for keeping the
peace in public places such as markets, bus terminals, and schools.
Insiders say Uy directed the operations of the death squad with the help of two trusted
aides as well as several officers with the Tagum City police. Uy allegedly provided payment
and equipment for the operations, using the Civil Security Unit as cover to lawfully issue
guns and motorcycles used in killings. Human Rights Watch found that while Uy did not
approve or have knowledge of all TDS killings, there is compelling evidence that he knew
and approved many of them.
The structure and operations of the TDS were similar to that of the Davao Death Squad,
which Human Rights Watch documented in You Can Die Any Time: Death Squad Killings
in Mindanao in 2009. Reports of similar killings in other Philippine cities suggest that the
Davao Death Squad, which boosted the popularity of Davao City Mayor Rodrigo Duterte,
has motivated other municipal officials to adopt extrajudicial killings as a crime control
method.
Local and national authorities have failed to seriously investigate the vast majority of
Tagum Citys killings and have not arrested any suspects. While police routinely cite a lack
of witnesses to explain the absence of prosecutions, victims relatives and witnesses say
they fear testifying, largely due to the perceived links of the death squad to local officials.
In 2012, after a TDS member was ambushed by his colleagues and subsequently
surrendered to the Davao del Norte Provincial Police, families of several victims filed
administrative cases with the Office of the Ombudsman against Uy and others. The
ombudsman, who can recommend filing criminal charges, has yet to act on the complaint.
Apparent death squad killing operations have dropped since Uy stepped down as mayor in
June 2013, but still continue. Sources say that many TDS members left Tagum and
relocated to Compostela Valley, an adjacent province where Uys brother is governor.
However, some TDS members have remained in Tagum and are allegedly operating on a
contract killing for-profit basis. A woman who claimed to have witnessed the December
2013 killing of Rogelio Butalid (described at the start of this report), for example, identified
the gunman as a key TDS member.
On April 28, 2014, Philippines media reported that the Philippines National Bureau of
Investigation had recommended the prosecution of four security guards employed by the
Tagum City government for their alleged role in the abduction, torture and murder of two
teenaged boys last February. Mayor Allan Rellon reportedly stated that he was
bewildered by the allegations and responded by saying that As a local chief executive, I
abhor any form of summary killing.
The national governments response to death squad killings in Tagum City and elsewhere
in the Philippines has been grossly inadequate. President Benigno Aquino III should send
a clear message that combating crime needs to be done within the confines of the law. He
3
should direct the National Bureau of Investigation to conduct criminal investigations into
death squad killings in Tagum City and other cities, including of police and local
government officials. The Commission on Human Rights should publicly report on death
squad activity and make recommendations for reform. And other relevant government
agencies, including the Justice Department and the Philippine National Police, need to
adopt measures that would curtail death squad activity, end involvement by local
authorities, and facilitate prosecutions, such as by improving victim and witness
protection programs.
Donor countries and institutions have been all too silent on the issue of death squads and
extrajudicial killings, and should publicly raise their concerns. Death squads clearly will
not simply disappear on their own.
Key Recommendations
The Philippine government should take immediate measures to investigate and prosecute
death squad killings in Tagum City and conduct a broader investigation into death squad
activity in the Philippines. Specifically, Human Rights Watch urges that:
President Aquino should publicly denounce extrajudicial killings and local anticrime campaigns that promote or encourage the unlawful use of force.
The Commission on Human Rights should conduct a public inquiry, akin to a truth
commission, and report publicly and promptly on the Tagum killings and the
involvement of the PNP and city government officials.
Tagum Citys incumbent mayor, Allan Rellon, and other local officials should cease
all support, verbal or otherwise, for anti-crime campaigns that entail violating the
law, including targeted killings of alleged drug dealers, petty criminals, and street
children.
The Office of the Ombudsman for Mindanao should investigate these killings by
acting on the case filed against Uy and several others and mete out necessary
discipline.
The United States, European Union, Japan, Australia, the World Bank, and the
Asian Development Bank should keep their pledges on human rights, the rule of
law, and good governance, and press the Philippine government to initiate
investigations into alleged targeted killings in cities, and to publicize the results of
its investigations and plans to dismantle these death squads.
More detailed recommendations are set forth at the end of the report.
Methodology
From September 2011 to November 2013, Human Rights Watch investigated 12 killings that
occurred in Tagum City, in the southern Philippine island of Mindanao, from 2010 through
2013. We supplemented the on-site research with follow-up telephone and desk research
through March 2014.
Our investigations focused on killings that bore the hallmarks of extrajudicial executions
we had investigated elsewhere in the Philippines and that implicated death squads,
small, organized groups that have apparent links to local authorities. These cases also
shared characteristics with killings reported as early as 2005 that police and other sources
had attributed to the Tagum Death Squad (TDS).1
Human Rights Watch interviewed more than three dozen people who had knowledge of
TDS operations. They included victims who survived an attack, victims relatives and
friends, witnesses, local government officials, police officials, members of the clergy, local
residents, and businessmen.
Human Rights Watch also spoke with three people who identified themselves as former
TDS members, as well as an associate of a current TDS member who had knowledge of
some of these killings. We also interviewed human rights activists in neighboring Davao
City who are monitoring the situation in Tagum City, as well as journalists who covered
these incidents.
We conducted the interviews mainly in Cebuano, the predominant local language, and
Filipino, the national language of the Philippines. All interviews with former TDS members,
witnesses, and relatives of victims were one-on-one. Some follow-up interviews were done
over the phone or the Internet. Human Rights Watch neither offered nor provided
incentives to persons interviewed, although we did reimburse the travel or
telecommunication costs of interviewees who in some cases traveled substantial
1 Although the name Tagum Death Squad was rarely used publicly to refer to the group implicated in the killings, Human
Rights Watch is using it as a clear and accurate reflection of the group and its activities.
distances to meet with us or who provided testimony via long distance telephone calls. All
participants provided oral informed consent.
For security reasons we have used pseudonyms to protect the identities of a number of
those interviewed.
Human Rights Watch also used official documents for this report, among them police
reports, court documents, and sworn statements. We also drew on past research,
particularly the 2009 report You Can Die Anytime, about death squad killings in Davao
and other cities in Mindanao.
Human Rights Watch provided a summary of the reports findings and recommendations to
the following Philippines government officials prior to its publication. These included:
Rey Uy, former mayor, Tagum City
Allan Rellon, incumbent mayor, Tagum City
Solomon de Castilla, police chief, Tagum City
Alan Purisima, chief, Philippine National Police
Mar Roxas, secretary, Department of the Interior and Local Government
Leila de Lima, secretary, Department of Justice
Etta Rosales, chairperson, Commission on Human Rights
Rodolfo M. Elman, Office of the Ombudsman for Mindanao
I. Background
If you are stealing, doing drugs, committing wrong things in Tagum,
someone is going to kill you.
Police intelligence officer, Davao City, May 2013
The killings documented in this report attributed to the Tagum Death Squad (TDS) have
their roots in historical, social, and political factors in the southern Philippine island of
Mindanao. A Human Rights Watch report published in April 2009, You Can Die Any Time:
The influence of Davao Citys long-time mayor, Rodrigo Duterte, who has been a
vocal proponent of the use of violence to rid areas of common crime.2
The summary killing of suspected criminals is not a new phenomenon in the Philippines.
Alfredo Lim, a former police officer and chief of the National Bureau of Investigation (NBI),
was implicated in using similar tactics while mayor of the capital, Manila, from 1992 to
1998. He was never prosecuted for his alleged role in the summary executions of dozens of
suspected drug dealers and other criminals, which earned him the nickname Dirty
Harry.3 Instead, his reputation as an anti-crime crusader buoyed his election to the
2 Human Rights Watch, PhilippinesYou Can Die Anytime Death Squad Killings in Mindanao, April 6, 2009,
http://www.hrw.org/reports/2009/04/06/you-can-die-any-time.
3 'Dirty Harry' hails arrest of son over drugs, South China Morning Post, March 17, 2008,
Philippine senate in 2004. Three years later, he was again elected Manilas mayor, a post
he held until 2013.
But Lim and other politicians who also used a tough anti-crime approach have not
matched the popularity of Rodrigo Duterte, the tough-talking mayor of Davao City who is
now serving his seventh and unprecedented term. That success is largely due to his anticrime program that encouraged, and possibly even sanctioned, the operations of the
Davao Death Squad (DDS).4
Investigations by Human Rights Watch and other rights organizations found evidence
that government officials and members of the police were passively or actively complicit
in 28 killings by the Davao Death Squad (DDS) from 2007-2009.5 Frequently, the victims
had earlier been warned that their names were on a list of people to be killed unless
they stopped engaging in criminal activities. Government employees, including police
and municipal government officials, delivered such warnings to the targeted victims.6
Dutertes popularity, built on his seeming willingness to engage in unlawful violence to
eliminate common crimea serious problem in many urban areas in the Philippineshas
an appeal that extends far beyond Davao City.7 His name is often floated as a potential
presidential candidate for his seeming ability to solve challenges that stymie other
politicians.8 In February 2014, Duterte told a Senate hearing on rice smuggling in the
Philippines that he would gladly kill an alleged smuggler who tried to smuggle rice into
his city.9 Instead of criticizing Duterte for suggesting the use of extrajudicial killings, the
http://www.mindanews.com/top-stories/2014/02/09/duterte-on-becoming-president-stop-it-i-do-not-want-it/ (accessed
February 21, 2014).
9 Duterte on smuggler Bangayan: I will gladly kill him! Rappler.com,
February 3, 2014,
http://www.rappler.com/business/industries/247-agriculture/49577-duterte-tags-bangayan-smuggler-senate-hearing
(accessed February 21, 2014).
Tagum City
In April 2009, the United Nations special rapporteur on extrajudicial, summary or
arbitrary executions reported that death squad killings in the Philippines were a legacy
of the perceived success among some Philippine government officials and security
forces of extrajudicial executions as an acceptable mode of crime control.13 Human
Rights Watch believes that such a perspective has been adopted in Tagum, a city with a
population of 254,000 located one hours drive north of Davao City in Davao del Norte
Province.14
Human Rights Watchs investigations have found that Rey Uy, the mayor of Tagum from
1998 to 2013, created his own death squad. Uy deployed the death squad to reduce the
presence of perceived criminals and others that he referred to as weeds of his citydrug
10 Senators rapped for not taking Duterte to task, Philippine Daily Inquirer, February 10, 2014,
http://newsinfo.inquirer.net/576070/senators-rapped-for-not-taking-duterte-to-task (accessed February 21, 2014).
11 Uptick in Extrajudicial Killings in Davao and Cebu, WikiLeaks, undated,
which is under the supervision and control of the Davao del Norte Police Office.
10
dealers, petty criminals, and those who openly inhaled solvents like glue as a cheap
high.15 Many of these were children living on Tagums streets.
Human Rights Watch uncovered compelling information that local police and government
officials, on Uys orders, organized and operated the Tagum Death Squad. The death
squad consisted of as many as 14 members. Criteria for being a target were violating Uys
perceptions of acceptable behavior on the streets of Tagum, regardless of whether the
victims conduct violated any laws. Indeed, many of the victims had never been convicted
of any crime.
By 2005, the Tagum Death Squad had morphed into a guns-for-hire operation whose
targets included businessmen, police officers, a leader of an indigenous tribe, a judge,
and former TDS members.16 According to several sources, some of them former TDS
members, Uy assigned people whom he trusted and knew well from his previous career as
a gold-mine operator to operate the death squad. These men later ordered several
killingsoften without Uys knowledgeas a personal revenue generating scheme outside
of Uys control.17
The TDS was an unlawful outgrowth of Tagum Citys Civil Security Unit (CSU).18 The CSU was
part of Uys effort during his 15 years as mayor to transform Tagum from a sleepy
15 Affidavit of Leotinida Cabayacruz subscribed to the Panabo City Prosecutors Office, November 12, 2012; Human Rights
Watch interviews with two police officials, Davao City, May 11, 2013, and one top government official (names withheld),
Davao del Norte, August 12, 2013.
16 Human Rights Watch interviews with police officials and former TDS members, May 11-12, 2013.
17 Human Rights Watch interviews with former death squad members, Romnick Minta, Davao City, May 11, 2013, and Jomarie
CSU is a para-police organization formally tasked with duties including traffic management and securing public
infrastructure. Under Republic Act 6975, which created the Philippine National Police, the city mayor has the authority
to create units such as the CSU to support the police in law enforcement. Many cities and provinces in the Philippines
have CSUs and all have a role to playsome more benign than othersin keeping the peace, especially in public areas.
The CSU of Tagum as well as of other cities such as Davao City should not be confused with the Civil Security Unit of the
Philippine National Police, which provides administrative services and general supervision over organization,
business operation and activities of all organized private detectives, watchmen, security guard agencies and company
guard houses. An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and
Local Government, and for Other Purposes http://www.lawphil.net/statutes/repacts/ra1990/ra_6975_1990.html,
undated, (accessed March 8, 2014).
11
agricultural town into a modern city.19 Uys focus on municipal improvement extended to a
campaign aimed to rid the city of indigents and street people, many of them children.
It is not entirely clear when Uy created the death squad, using the CSU as cover.20
Members of the TDS claim that the killings by the group began a few years after he took
office in 1998. Police records beginning in January 2007 collected by investigators from the
Davao del Norte Provincial Police Office indicated what a police official said was an
increasing number of killings of indigents, children, and suspected criminals.21
Police officials interviewed by Human Rights Watch blamed the TDS for these killings, most of
which have not been fully investigated by the Tagum City police.22 In February 2011, Uy issued
an explicit warning to criminal elements in the city advising them to go somewhere else.23
If you are stealing, buying or selling drugs, committing wrong things in Tagum, a police
officer told Human Rights Watch, someone is going to kill you.24 A senior official of the
Commission on Human Rights in Southern Mindanao described these killings as silent
killings because these murders were hardly reported in the press. There is no media there
that talks about it, the official said. All the [journalists] there are terrorized by Uy.25
Official police records obtained by Human Rights Watch show 298 killings between January
2007 and March 2013 that officials of the Davao del Norte Provincial Police Office
19 A palm tree-lined national highway cuts through the city, shopping malls have sprouted, and improvement in municipal-
funded public works resulted in wider, cleaner streets. City Government of Tagum, Tagum City History, undated,
http://www.tagumcity.gov.ph/about-lgu/history/ (accessed February 3, 2014).
20 Human Rights Watch interview with a Tagum police official (name withheld), Davao City, May 12, 2013.
21 Case vs Uy, filed before the Office of the Ombudsman.
22 Human Rights Watch interview with a senior police official and intelligence officer (names withheld), Davao City, May 12,
2013. Although the Tagum City Police Station is under the Davao del Norte Provincial Police Office, there is discord between
many of their officers and officials, mainly because Mayor Uy is not a political ally of the governor of Davao del Norte, Rodolfo
del Rosario. Some in the Davao del Norte Provincial Police Office privately complain of the abuses by elements of the Tagum
City Police Station. Some provincial officers, on orders of their superiors, started compiling evidence and testimony on the
activities of the Tagum Death Squad. It was not surprising, therefore, that when a TDS member was himself targeted, he
decided to seek the protection of the provincial police.
23 Corporate governance behind Tagum take-off, Philippine Daily Inquirer, February 20, 2011,
12
attributed to the TDS.26 Fourteen others were wounded in attacks in the same period. All of
these cases remained unsolved and not one perpetratorexcept an individual who later
agreed to testify in a case filed against Uy and other people involved in the TDShas been
arrested, according to the documents.27 An overwhelming majority of these cases involved
the use of .45 caliber pistols and motorcycles.28
A provincial police official said this death toll is conservative as more killings occurred
from March 2013 onwards while others may not have been reported to the police.29
Members of the TDS told Human Rights Watch that the killings began as early as 2005 and
continued up to the time Uy stepped down as mayor in 2013.30 A former TDS member said
that he had heard the TDS started as early as 1998.31 Indeed, in August 2004, residents of
Tagum, led by the Catholic Church, held a rally against the killings.32 One local media
report claimed that the TDS killed as many as 40 people in four months in 2004.33
The deployment of the TDS, particularly in the latter part of Uys 15-year term, coincided
with corruption allegations linked to Uy.34 The murders also occurred at a time when Uy
was making politically unpopular moves, such as raising taxes to finance the construction
of a sprawling and modern city hall.35
26 List of unsolved shooting incidents/murder cases in Tagum City. This list is culled from the National Crime Reporting
May 2013. Sources in Tagum have alleged that City Hall under Uy would not approve a new business permit if Uy or his
relatives did not receive a part of the profit. This allegation has not been proven but most sources Human Rights Watch
interviewed asserted that this was common knowledge in the city.
35 Human Rights Watch interviews with local businessmen and residents, Tagum City, May 2013. Flyers discretely distributed
in Tagum City by local businessmen and religious leaders denounced the exorbitant cost of the city hall. Many also criticized
the taxes being collected, including one on any fruit-bearing tree a resident is growing in his backyard.
13
36 Human Rights Watch interview with a local businessman (name withheld), Tagum City, May 13, 2013.
37 Human Rights Watch interview with a provincial police official, Davao City, May 13, 2013.
38 League of Provinces of the Philippines, undated, http://www.lpp.gov.ph/directory-mosets/region-xi/arturo-t-uy.
39 Human Rights Watch interview with a local businesswoman (name withheld), Tagum City, May 13, 2013.
40 Human Rights Watch interview with two Catholic priests and two police officials (names withheld), Tagum City, May 13, 2013.
41 Human Rights Watch interview with a police official (name withheld), Davao City, May 11, 2013.
42 Human Rights Watch interview with top NPA leader in Southern Mindanao (name withheld), Manila, February 13, 2014.
43 Human Rights Watch interviews with a local businesswoman (name withheld), Tagum City, May 13, 2013; with an official of
the interior department, August 2013; a Tagum-based Catholic priest (name withheld), August 2013; and an official of the
Commission on Human Rights (name withheld), Davao City, August 2013.
44 Human Rights Watch interview with a police official (name withheld), Davao City, May 12, 2013.
14
The new mayor, Allan Rellon, officially disbanded the CSU, but in June 2013 created two
entities in its place: the Security Management Office (SMO) and the Traffic Management
Office (TMO). Rellon has divided the responsibilities of the CSU between these two new
agencies. The SMO regulates public security, particularly in public markets where many of
petty criminals operate, and matters including police auxiliaries and school guards.45 The
TMO is mainly responsible for the citys traffic system.46
Despite the disbanding of the CSU and the dispersal of TDS members after Uy left office,
TDS-style killings have continued. Those murders have sparked concerns that elements of the
TDS remain operational.47 As already noted above, on April 28, 2014, as this report was being
finalized, Philippines media reported that the Philippines National Bureau of Investigation
had recommended the prosecution of four members of the Tagum City SMO for their alleged
role in the abduction, torture and murder of two teenaged boys last February.48 Mayor Allan
Rellon reportedly stated that he was bewildered by the allegations and responded by
stating that As a local chief executive, I abhor any form of summary killing.49
On December 11, 2013, gunmen shot dead Rogelio Butalid at a busy street in Tagum City.
Butalid was a radio commentator known for his on-air criticism of Uy and his associates at
the Davao del Norte Electric Cooperative.50 A woman who claimed to have witnessed the
killing identified the gunman as a key TDS member.51 The paymaster for these post-Uy era
killings is not known. However, there is speculation that former TDS members are
continuing to commit killings for financial gain.52
45 Tagums peace, security among Rellons top agenda for 1st 100 days, Philippine Information Agency, July 1, 2013,
Ibid.
47 Human Rights Watch interviews with Romnick Minta, January 2014, and Jomarie Abayon, January 2014.
48 Frinston L. Lim, NBI eyes murder, child abuse raps vs Tagum guards for 2 teens slay,
Philippines Daily Inquirer (Manila), April 28, 2014, http://newsinfo.inquirer.net/597999/nbi-eyes-murder-child-abuse-rapsvs-tagum-guards-for-2-teens-slay#ixzz30BAJblli (accessed April 29, 2014).
49 Ibid.
50 DANECO row behind journalists killing, says colleagues, Davao Today,
the assailant and that she saw him and another man on a motorcycle seconds before gunning down Butalid. Although she
turned her back momentarily, she said she saw the killers flee.
52 Human Rights Watch interview with a police official and a government official, Davao City, August 2, 2013.
15
53 Human
Rights Watch interviews with former members of the TDS, Davao City, May 11-12, 2013, and Manila, January 31,
2014.
54 Ibid.
55 Ibid.
56 The order of battle is a list of enemies or potential enemies, usually maintained by the military. Many of the victims of
extrajudicial killings and enforced disappearances in the Philippines had been on such lists.
57 Enough is enough: Tagum to raise clenched fists vs. summary killings, Philippine Information Agency, August 14, 2004,
16
himself often received complaints from the public about alleged criminality through
personal text messages and would forward the names to the TDS to investigate.58
The existence of the OB was terrifying, particularly for the street children who frequented
Freedom Park in central Tagum and who were the TDS frequent targets. Many of those
children who eventually were murdered had been on the OB death list.59 I and my
friends were worried that our names were in the list, said Toto (pseudonym), a teenager
who witnessed the TDS murder one of his friends.60 We wanted our names to be taken
off the list.
Some of the children who ended up on the OB, including Toto, tried desperately but
unsuccessfully to get their names removed.61 The person who informed Toto that he was on
a hit list advised him that someone at the Tagum City market could help him remove his
name. Toto told Human Rights Watch:
There was a store and I went in. I talked to an old person. I told him I want to
clear up my name. He said hell contact a friend. I told him, Uncle, I dont
want to end up like my friend, I want off the list. But he insisted that I should
be on the list because all the Vulca Boys of Third Avenue are on the list.62
Toto said a friend who knew somebody inside the TDS told him that the advice the contact
at the Tagum City market gave him was deceptively easy: All you had to do was apologize
to [the TDS] and promise them to never create trouble again.63 At the time that Human
Rights Watch interviewed him, Toto had still not received a call from somebody in the TDS
that would confirm the deletion of his name from the OB list. He eventually decided to
leave Tagum City but returned weeks later to find out if he was still a target.64
58 Human Rights Watch interview with Jomarie Abayon, a former member of the TDS, Manila, January 31, 2014.
59 Human Rights Watch interview with Toto, (name withheld), Tagum City, September 14, 2011.
60 Ibid.
61 Ibid.
62 Ibid. The Vulca Boys refers to the street children often seen on Third Avenue sniffing solvents and sealants like Vulcaseal.
63 Ibid.
64 Human Rights Watch unsuccessfully attempted to resume contact with Toto in May and August 2013. His safety and
17
In at least one case, Mayor Uy himself allegedly warned of the impending TDS hit on a
target through the victims mother. Leotinida Cabayacruz, the mother of Jesus Cabayacruz,
said in her affidavit that during a meeting with Uy at City Hall, the mayor warned her that
her son was being watched because he was a drug dealer and advised her to tell him to
leave Tagum City.65 A short time later, on April 24, 2012, the TDS killed him.
Locations
Most of the killings Human Rights Watch documented took place within Tagum City and
often in broad daylight. The murders typically occurred outdoors, on the streets, and
usually by men on motorcycles.
The TDS frequently committed their killings in the plaza called Freedom Park behind Tagum
Citys city hall. The plaza was a natural magnet for children to congregate in. It is no bigger
than three basketball courts but offers trees, benches and wide spaces for children to play
or hang around in. At night, the park comes to life, illuminated by karaoke bars,
restaurants, barbecue stalls, food carts, and an outdoor market. Many children, including
nearby residents and homeless children, stayed in the park the whole day. At 10 p.m. the
children would leave the plaza due to the curfew hour, which began at that time.
The citys Social Welfare Department monitored the activities at the plaza because of the
constant presence of children. A social worker at City Hall, told Human Rights Watch:
Theres a lot of them there. Dozens of them. Some would go away but others
would take their place. Many are not from here. Theyre not supposed to be
there. We would chase them away. Some would leave but they eventually
return. We would ask their parents to move them to other places.66
That social worker said her office had developed a system for classifying the children,
based on their presence at the plaza: If they stayed for about hour, they were just
sightseeing. If they stayed for more than two hours, they were considered street children or
vagrants who had come from other places.
66 Human Rights Watch interview with a Tagum City municipal social worker (name withheld), Tagum City, September 14,
2011.
18
Perpetrators
The overwhelming majority of death squad killings reported in the Philippinesincluding
in Tagum Cityare carried out by gunmen operating in pairs riding on motorcycles.
Philippine authorities have described such murders as riding in tandem killings.69
Extrajudicial, targeted killings by these motorcycle-riding gunmen have become so
common across the Philippines that authorities have responded with special traffic control
measures as a means to identify and arrest the perpetrators. In some cases, police erect
roadblocks on major streets and perform body searches of motorcyclists for weapons.70
Public concerns about such killings have prompted proposals for legislation aimed
67 Human Rights Watch interview with a Tagum City social worker (name withheld), Tagum City, September 14, 2011.
68 Tagum is now what is called a composite city of Davao del Norte.
69 PNP declares all-out war vs. criminals riding in tandem on motorbikes, Interaksyon.com,
http://www.interaksyon.com/article/22575/pnp-declares-all-out-war-vs--criminals-riding-in-tandem-on-motorbikes
(accessed April 24, 2014).
70 Metro cops to conduct 24-hour checkpoints, Philippine Daily Inquirer, January 16, 2014,
19
specifically to prevent such murders.71 The Manila city government at one point tried to
more tightly regulate or to outright ban the use of motorcycles to prevent further killings.72
The majority of the TDS members were neighborhood petty criminals recruited into the
death squad after brushes with the law on minor offenses.
One child whose friends were killed by the death squad and who himself felt threatened
told Human Rights Watch:
Men on motorcycles would stop by the shop or across the street and just
look around. Many of these motorcycles have plates, but when they are out
to kill, they wrap the plates with [a] plastic bag.73
Philippine National Police statistics issued in 2013 indicated that in 2011 alone,
motorcycle-riding gunmen murdered 2,089 people nationwide, an increase from 1,819
killings the year before.74 Police have attributed these riding in tandem killings to the
growing problem of contract killings or guns for hire operations in the Philippines.
The National Bureau of Investigation has linked a few of these contract killings to some
members of state security forces.75 In January 2014, it exposed the activities of a group of
police officers in Batangas province south of Manila who hired themselves out as paid killers
for between 50,000 pesos (US$1,108) to 150,000 pesos (US$3,320) per murder.76 In Tagum
City, the price of a contract killing can cost as little as 5,000 pesos (about US$110).77
71 Philippines Congress, Riding-in-Tandem Interdiction Act of 2012 to help arrest criminality: Castelo, press release,
2014,
http://www.interaksyon.com/article/22575/pnp-declares-all-out-war-vs--criminals-riding-in-tandem-on-motorbikes
(accessed 24, 2014).
75 4 hired killers fall; elusive boss from Army, Philippine Daily Inquirer, June 5, 2013,
20
III. Victims
They shot him first from behind; he didnt see them. He turned around and
the other killer shot him, too, hitting him in the armpit. He was shot four
times in the body. They took turns shooting him.
Toto, witness to shooting of Jerome, a Tagum teenager, Tagum City,
September 2011
78 Human Rights Watch interview with Carmelita Lumangtad, Tagum City, September 14, 2011, and Toto (name withheld),
Tagum City, September 14, 2011.
79 Ibid.
80 Human Rights Watch interview with Carmelita Lumangtad, Tagum City, September 14, 2011.
81 Ibid.
21
Carmelitas efforts to get the police to investigate her sons murder proved futile. She said
that each time she visited the Maco police station, she was told there were no new
developments in the case. Instead, the police officers would often attempt to solicit
information from her about her sons case. I dont think the police have investigated
properly, she said.82 She tried asking the National Bureau of Investigation but she said
she lacked the money for legal representation or even just transportation costs to followup on the case. About the only assistance Carmelita received was from the Social Welfare
and Development Office of the City Hall, which paid for her sons paupers burial.83
When queried about Lumangtads death, the police precinct at City Hall could not produce
any investigation report. The boys family could not even get a copy of the official police
blotter of the murder. Even the Social Welfare and Development Office, which handles
child safety and welfare matters, could not locate any report on the killing in its files.
According to a social worker, police often just filed official reports of killings of poor
people like Lumangtad to funeral homes.84
82 Human Rights Watch interview with Carmelita Lumangtad, September 12, 2011.
83 Human Rights Watch interview with a Tagum City social worker (name withheld), Tagum City, September 14, 2011.
84 Ibid.
85 Human Rights Watch interviews with Carmelita Lumangtad, Tagum City, September 14, 2011 and Jomarie Abayon, Manila,
Pagpatay sa duha ka minor de edad sa Tagum City, masulbad pa ba?, GMA-7 Davao, May 13, 2011,
http://www.gmanetwork.com/news/story/220503/ulatfilipino/davao/special-report-pagpatay-sa-duha-ka-minor-de-edadsa-tagum-city-masulbad-pa-ba (accessed February 5, 2014).
87 Ibid.
22
brought Lagulos to a dark corner of Lapu-Lapu Street where two men on motorcycles were
waiting.88 One of them, allegedly a member of the Tagum Death Squad named Renster
Renren Azarcon, then stabbed Lagulos repeatedly.89
Seniel said that his efforts to get government officials to comment on Laguloss murder
proved futile: There was no police investigation, but they also denied that such a killing
was committed by the government.90 In his television report, Seniel said social welfare
officials responded to his queries by saying that they could not comment about the case.
Jomarie Abayon, a former TDS member, told Human Rights Watch that he was one of four
members tasked to look for the children who stole from the store, including Lumangtad and
Lagulos. [Lagulos] had become notorious. We had been receiving a lot of complaints
against him and his group, Abayon told Human Rights Watch.91 Those complaints included
allegations by store owners and residents near the plaza that Lagulos and his group of
friends frequently created disturbances in and around the plaza by fighting with each other,
snatching cellphones and, according to a Tagum City social worker, sometimes harassing
female passersby.92
Romnick Minta, another former member of the death squad, also alleged that Azarcon
killed Lagulos.93 Minta said Azarcon used a knife he called a Rambo knife because it
resembled the one Sylvester Stallone used in the movie First Blood.
According to Laguloss relatives, the police could not explain the boys murder and that
they had not identified any suspects.94
88 Ibid.
89 Human Rights Watch interview with Jomarie Abayon, Manila, January 31, 2014.
90 Human Rights Watch interview with John Paul Seniel, Davao City, August 2013.
91 Human Rights Watch interview with Jomarie Abayon, Manila, January 31, 2014.
92 Human Rights Watch interview with a Tagum City social worker (name withheld), Tagum City, September 14, 2011.
93 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
94 Pagpatay sa duha ka minor de edad sa Tagum City, masulbad pa ba?, GMA-7 Davao, May 13, 2011,
23
95 Jerome only went by his apparent first name. Human Rights Watch could not establish Jeromes full name, which even his
friends were unaware of. Jerome had no known relatives in Tagum City.
96 Witnesses could not recall the exact date of Jeromes murder except to say it was in August 2011.
97 Human Rights Watch interview with Toto (name withheld), Tagum City, September 14, 2011.
98 Ibid.
99 Human Rights Watch interview with Carmelita Lumangtad, September 14, 2011, and Toto (name withheld), September 14,
2011.
100 Human Rights Watch interview with Carmelita Lumangtad, September 14, 2011.
24
member, were not out to investigate the killing. Instead, they were part of part of a coverup, to ensure that no one witnessed Lumangtads abduction.101
Carmelita asserted that Jeromes murder was a result of his witnessing her sons abduction.
Toto told Human Rights Watch that Jerome had become a target because TDS members had
decided that he had become too deeply involved in criminal activities. Romnick Minta, a
former member of the death squad, remembers the killing of Jerome. Minta denied
participation in the murder but said he was present during discussions about the murder
in which TDS members expressed their belief in Jeromes criminality.102 But he added that
the TDS decision to kill Jerome was also due to their concern about his knowledge of their
involvement in the murders of Lumangtad and Lagulos. Thats why we had to kill [Jerome]
too, Minta told Human Rights Watch.
These murders have traumatized the street children, including Toto, who spent time at the
Freedom Park: Im extra careful now. I dont go out at night. I make sure that Im done with
work by 6 p.m.103
The deaths of Lumangtad, Lagulos, and Jerome are not part of the case filed against Uy and
others in relation to the Tagum Death Squad. But the sheer brutality of these killings
prompted the Commission on Human Rights to investigate them.104 Nothing, however, has
come out of the investigation after the investigators submitted their findings to the
commissions legal division.105
101 Human Rights Watch interview with Romnick Minta, Manila, March 7, 2014.
102 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
103 Human Rights Watch interview with Toto (name withheld), Tagum City, September 14, 2011.
104 Human Rights Watch interview with Alberto Sipaco, former head of the Commission on Human Rights in Southern
25
heard a loud popping sound. Simultaneously, Rizalina felt a sharp pain in her head and
thought that she had been hit by a rock.106 She turned to her husband and saw him with
his head dangling forward over the steering wheel, a gunshot wound to his head spurting
blood with a faint hissing sound.
One of the daughters who was in the back had the presence of mind to force herself into
the front seat, take the wheel and stop the SUV. I frantically got out and ran to the driver
side and opened the door, Rizalina said. I knew right there and then that my husband
was dead.107 Onlos was later pronounced dead on arrival at Davao Regional Hospital.
A Tagum City police investigation determined that a gunman riding pillion on a motorcycle
fired a single shot at Onlos as he was traversing Apokon Road, a major highway in Tagum
City.108 The gunman was only a few feet from the victim when he fired his gun. The
motorcycle sped away, followed by another motorcycle with two men on the back.
In her sworn statement, Rizalina alleged that Onlos had received several death threats
from Voltaire Rimando, the mayor of Maco, a town next to Tagum City in Compostela Valley
province.109 She said Rimando had wanted Onlos replaced as chairman of the Maco
Ancestral Domain Council Inc., a tribal group involved in mining operations in the
province.110 Rimando, she alleged, wanted to assign someone close to him to head the
council but my late husband did not heed [sic]. Rizalina said her husband suspected
Rimando wanted him out of the way in order to control the mine-rich tribal land that the
council owned.111
Rizalina also alleged that then Mayor Rey Uy, together with his brother Arturo Uy, the
governor of Compostela Valley province, and Onloss own brother Rudy, called Onlos to a
106 Human Rights Watch interview with Rizalina Onlos, widow of Roberto Onlos, Davao City, May 11, 2013.
107 Ibid.
108 Naglubong gipatay, Sun Star Davao, October 29, 2011, http://www.sunstar.com.ph/superbalita-
cooperation of the tribal community. This cooperation is usually done through the formation of a council or group that would
then work closely with the mining company.
111 Human Rights Watch interview with Rizalina Onlos, Davao City, May 11, 2013.
26
meeting two weeks before the murder to ask him to resign his post at the council but he
again declined.112 Onlos started receiving death threats from Rimandos representatives
soon after that meeting.113 Onlos brother Rudy worked with Mayor Uy and took Onlos to
meet with Uy in Tagum weeks before the murder. During that meeting, Uy urged Onlos to
step down and also not to get involved in the mining companys union problems.114
Romnick Minta, a self-confessed TDS member, told Human Rights Watch that he had acted
as support and lookout for Onloss killer. Minta identified that gunman in a sworn
statement and in his interview with Human Rights Watch as Renster Renren Azarcon.115
Minta said Onloss shooting was a contract killing personally ordered by Conrado
Rading Palen and Victor Kulot Cuaresma, close aides of then-Mayor Uy.
Minta also identified Tagum City Senior Police Officer 1 (PO1) Rolly Sabitsana as having
personally ordered the Onlos murder.116 In her affidavit, Rizalina named Minta, Palen,
Cuaresma, Sabitsana, PO1 Alexis Manigo, Azarcon, Jomari Abayon, Junald Cuaresma,
Eduardo Cabutad, and Allan Palen as the murderers.117 She asserted the murder occurred
with the approval of Special Officer 3 (SPO3) Jose Bengil, SPO1 Divina Agocoy and PO3
Leonardo Abrenica, all assigned at the Tagum City Police Station.118 Minta also named
these individuals in his affidavit about the Onlos murder.119
Jomarie Abayon, another former TDS member, confirmed Mintas account to Human Rights
Watch and confessed he was driving the motorcycle carrying the killer. Abayon also
attributed the contract killing to Palens orders. It was Rading who contacted us for the
killing of Onlos, he said.120
112 Ibid.
113 Ibid.
114 Human Rights Watch interview with Rizalina Onlos, Davao City, May 11, 2013; affidavit of Rizalina Onlos subscribed to
Panabo City Prosecutors Office, January 29, 2013. Rudy Onlos is now the indigenous peoples representative in the Tagum
City Council and remains an ally of Uy.
115 Human Rights Watch interview with Romnick R. Minta, former death squad member, Davao City, May 12, 2013.
116 Affidavit or sworn statement by Romnick R. Minta subscribed to the Davao City Prosecutors Office, October 2, 2012.
117 All are alleged members and leaders of the Tagum Death Squad.
118 Affidavit by Rizalina Onlos subscribed to the Panabo City Prosecutors Office, January 29, 2013.
119 Affidavit or sworn statement by Romnick R. Minta subscribed to the Davao City Prosecutors Office, October 2, 2012.
120 Human Rights Watch interview with Jomari Abayon, Manila, January 31, 2014.
27
Rizalinas and Mintas affidavits, as well as those of several other relatives of victims, were
used to support the case for grave misconduct Rizalina filed against Uy and several
others before the Office of the Ombudsman.121 Other families of victims also filed separate
cases against Uy and company, also before the ombudsman.122
Minta described Onlos in his affidavit as a drug pusher suspect. However, he told
Human Rights Watch that Sabitsana, their handler, had fabricated that justification for the
hit on Onlos. He was just a rival in mining of my team leaders associates, referring to
Sabitsana. He ordered us to do it. They just made up the drug story against him and the
mayor believed it, Minta said.123 Just one shot to the head, he said.
Based on information provided by Minta, Rizalina alleged that Uy ordered her husbands
killing allegedly as a favor to Rimando, who was Uys political ally.124 Minta alleged that Uy
relayed the order to kill Onlos to Sabitsana, who in turn relayed it to members of the death
squad. The Tagum City police had a direct role in the killings, according to Minta, Abayon
and Marlon Hepalago, another former member of the death squad.125 At least four more of
these handlers squad members who receive orders from Uy and his close aides,
Cuaresmo and Palen, who then assign the hit men for the specific targetare also
members of the Tagum City police force.126 Another Tagum City police officer was present
when the group held their first briefing on the planned killing, on October 14, 2011, two
weeks before the murder.127
Rizalina said she believed Mintas testimony because the former killer told her details that
only she could have known, such as when Minta claimed to have had his first surveillance
job on Onlos. Minta said he was peering through the gate of Onloss home when Rizalina
121 The Office of the Ombudsman receives complaints against elected officers or employees of the government, including
public officials. It then determines whether civil or criminal cases can be filed against the accused.
122 Affidavits by other relatives of victims filed before the Office of the Ombudsman.
123 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
124 Human Rights Watch interview with Rizalina Onlos, Davao City, May 11, 2013.
125 Human Rights Watch interviews with Romnick Minta, Davao City, May 2013 and Jomarie Abayaon, Manila, January 31,
2014. Affidavit of Marlon Hepalago subscribed to the Davao City Prosecutors Office, October 25, 2012.
126 Human Rights Watch interviews with former squad members Romnick Minta, Davao City, May 11, 2013 and Jomarie
28
noticed him. She went to check and saw a man walking away. It was me, Rizalina quoted
Minta as telling her.
Rizalina and police sources told Human Rights Watch that the motive for Onloss murder is
related to the tribal land that Onloss tribe controlled in Compostela Valley province. The
tribe, through the Maco Ancestral Domain Council Inc., had entered into an agreement with
a mining company to operate within the tribes land. Rizalina and these sources said
Rimando wanted to control the council.128
Besides Minta, there have been no additional arrests for the Onlos killing. The police,
according to Rizalina, never concluded its investigation into the murder.129
The .45 caliber bullet that killed Onlos also hit Rizalina in the head; the slug ended up
embedded in the Pajeros door. While her injury was not serious, she was traumatized by
the killing enough to leave Tagum City, which had been their home for decades.
The murder also tore her family apart. Rizalina said her husbands death had brought the
family immeasurable grief and financial hardship. We barely have enough food to eat
these days, she told Human Rights Watch. Two of her six children dropped out of school.
She said she had to force her children to leave Tagum City and live with relatives in other
places. They did not only kill my husband, Rizalina told Human Rights Watch. They also
killed the future of my children.130
She said she had not seen her daughters for a long time and would talk with them only
on the phone and exchange text messages. They would text me that they are scared all
the time.131
128 Under the Indigenous Peoples Rights Act, the law protecting the Philippines tribal people, mining companies need to get
the free and informed prior consent of indigenous peoples in areas where they want to operate. Most of these companies
would end up entering into agreements with these tribes, through councils such as the one Onlos headed. Three other tribal
leaders had also been murdered in the three years before Onlos was shot dead.
129 Human Rights Watch interview with Rizalina Onlos, Davao City, May 11, 2013.
130 Ibid.
131 Ibid.
29
132 Human Rights Watch interview with Romnick Minta, a former member of the Davao Death Squad, Manila, February 11, 2014.
133 Affidavit of Merylaine Angeles, Angeless widow, subscribed to the Panabo City Prosecutors Office, November 23, 2012.
134 Ibid.
135 Ibid. Angeles did not specify in her affidavit the nature of the case she filed against Clemente but the Ombudsman
Ibid.
137 Affidavit of Jinny Rodulfo, Salmins live-in partner, subscribed to the Davao City Prosecutors Office, November 21, 2012.
138 Human Rights Watch interview with Romnick Minta, Manila, February 11, 2014.
30
leaders to provide Clemente men because he had a problem. Thats when Minta and the
three other hit men went to see Clemente at his home so we could discuss the [planned
killing] formally.139 I was present when Nick Clemente talked to us about killing Angeles,
Minta said. Minta said Palen told them that Angeles was the biggest seller of
methamphetamine, locally known as shabu, in Kapalong town and Tagum City.140
Despite multiple witnesses to the murder of Angeles and Salmin, no witness has come
forward to offer testimony to the police. One of the bullets grazed the foot of a female
passerby, but even she refused to testify.141 Rodulfo said no one from the police or any
government agency, such as the Department of Justice, has sought to interview her about
the killings.142 She said she did not know the status of the grave misconduct case she
filed against Uy and the others before the Office of the Ombudsman when she learned that
Minta had been arrested and agreed to testify against the killers and those who allegedly
planned the murder. Relatives of other victims of the Tagum Death Squad had also filed
separate allegations of grave misconduct against Uy and his alleged accomplices before
the Office of the Ombudsman.143
139
Ibid.
140 Ibid.
141 ibid.
142 Human Rights Watch interview with Jinny Rodulfo, Davao City, May 11, 2013.
143 Affidavits of relatives of victims and witnesses presented to the Office of the Ombudsman. These are administrative cases.
The Ombudsman is supposed to then investigate and recommend the filing of either a criminal or civil case.
144 Human Rights Watch interview with a relative (name withheld), Davao City, May 11, 2013.
145 Affidavit of the relative subscribed to the Davao City Prosecutors Office, October 11, 2012.
31
squad member Romnick Minta in September 2012.146 Minta confessed that he had ridden
Azarcon to the site of the killing on the back of a motorcycle. Minta is now a witness in the
case filed against former mayor Rey Uy and others suspected of involvement in the Tagum
Death Squad. In his affidavit, Minta said the death squad had targeted Mejos because he
was a drug pusher suspect.147
Mejoss relatives dispute the accusation. They point out that he was the chairman of their
villages Sangguniang Kabataan Federation, a government youth council.148 Rather than
being a drug dealer, his family described Mejos as a devoted husband and a salesman in
the nearby city of Panabo.149
A relative expressed dismay at the death squads willingness to kill for what he considered
such small sums of money. Theyre doing all these killings for just 2,000 pesos [$44]. If
we dont pursue this case, if we dont file this, maybe a persons life may just be worth
1,000 pesos [$22] next time, the relative said.150
To date, there have been no arrests or prosecutions for Mejoss murder.
146 Affidavit of Romnick Minta subscribed to the Davao City Prosecutors Office on October 1, 2012; Human Rights Watch
32
told Human Rights Watch that the allegation was incorrect. Its true he used to be a drug
user, she said. But he stopped that when he became a businessman.152
Leotinida directly implicated then-Mayor Rey Uy in her sons murder. She said Uy sought
her out shortly before the murder, while she was visiting Tagum City Hall for a business
transaction. She said that Uy specifically asked her how her son had been able to afford
the purchase of a new motorcycle.153 When she replied that he had bought it with a loan
from her husband, Uy shook his head and would not believe me.154 Leotinida said that Uy
then referred to her son as one of the citys weeds155 and bluntly warned her not to allow
my son to go to Tagum City or he would be killed.156
Romnick Minta told prosecutors as well as Human Rights Watch that he was one of four
members of the squad tasked to murder Cabayacruz.157 Minta alleged that the other death
squad members who took part in the shooting were Renster Azarcon and Allan Rosillo.
Minta said they attacked Cabayacruz while he was riding his motorcycle with a uniformed
member of the Philippines military on the back. The soldier, an unidentified friend of
Cabaycruzs, was armed with a pistol. Minta said that one of the killers, Rosillo, fired his
pistol at Cabayacruz while a second gunman, Azarcon, fired at the soldier.158 Minta said in
his affidavit:
They both fell into [sic] the road and the gun of the army soldier also fell
down. Jomari [sic] Abayon took it and shot with it Jesus Cabayacruz and the
army soldier who were both lying on the road already seriously wounded.159
In his affidavit, Minta said Cabayacruzs murder was directly ordered by Uy because he
was suspected of being a drug pusher and had been making large amounts of [money from
152 Human Rights Watch interview with Leotinida Cabayacruz, Davao City, May 11, 2013.
153 Human Rights Watch interviews with Leotinida Cabayacruz, Davao City, May 11, 2013; affidavit of Leotinida Cabayacruz
subscribed to subscribed to the Davao City Prosecutors Office, November 12, 2012.
154 Affidavit of Leotinida Cabayacruz subscribed to the Davao City Prosecutors Office on November 12, 2012.
155 Leotinidas affidavit is in English, but she was clearly referring to a popular Visayan expression sagbot sa katilingban,
33
the] sale of drugs.160 He said Uy ordered Cabayacruzs murder because his mother, Leotinida,
refused to heed Uys instruction to forbid Cabayacruz from coming to Tagum City.161
Minta also claimed that before Cabayacruzs killing, members of the death squad had
sent text messages to SPO3 Jose Bingil, PO3 Leonardo Abrenica and SPO1 Divina
Agocoyall members of the police intelligence team of the Tagum City Police Stationto
alert and inform them that we were about to do a summary killing at that particular
vicinity.162 He added:
In fact, every summary killing that we made, these said police officers fully
knew beforehand of the execution of such killing and that in every summary
killing investigation they always appeared at the scene of the killing to see
if we are positively identified by witnesses or not.163
A police officer who had been tasked to investigate a few of the killings could not confirm
to Human Rights Watch the alleged involvement of the three police officers Minta named
as actively complicit in Cabayacruzs murder. However, he confirmed that some
unidentified members of the Tagum Police cooperated with Uy and the death squad in
many of the death squads killings.164 You cant disobey the mayors order, he said. His
power is higher than the chief of police. If the mayor gives his order, it gets
implemented.165 He also echoed Leotinidas claim that her son could have been killed
without any evidence that we was involved in wrongdoing.
Leotinida said they decided to fight back by filing a case against Uy and the others before the
Office of the Ombudsman, even though they are against big people. Cabayacruz, she said,
was a good kid, always helpful.166 Besides, she said, shes had enough of all the killings.
160Ibid. Minta reiterated this charge in an interview with Human Rights Watch on February 3, 2014.
161 Ibid.
162 Ibid.
163 Ibid.
164 Human Rights Watch interview with a police officer (name withheld), Davao City, May 12, 2013.
165 Philippine law empowers mayors to appoint chiefs of police, drawing from the names of nominees submitted by the
34
According to Leotinida, the police had not completed its investigation into her sons
murder nor had they officially identified or arrested any suspects in the killing.
167 The CSU is a unit in the city government tasked with traffic management and ensuring order in the citys public
withheld).
171 Affidavit by Romnick Minta filed with Davao City Prosecutors Office, November 2012.
35
Minta told Human Rights Watch that Derecho had no involvement with the death squad
even though he was an employee of the Civil Security Unit.172 He was just employed as a
traffic aide, thats all, he said. He left the group, displeased our handlers and so was
killed.173 Derechos murder has terrified his family, the relative told Human Rights Watch.
He said that Derechos wife and children did not want to pursue the case out of fear of
reprisals. Thats why Im the one doing this. Im the complainant, because he told me who
killed him.174
The relative said he is committed to pursue the case against Uy and the others. I want to
give justice to him, he said.175 However, the police have not concluded their investigations
and no one has been arrested for the murder.
172 Human Rights Watch interview with Romnick Minta, Manila, February 3, 2014.
173 Ibid.
174 Human Rights Watch interview with a relative (name withheld) of Wilfredo Derecho, Davao City, May 11, 2013.
175
Ibid.
176 His girlfriend Moon Hsu told Human Rights that Kennedys name is actually spelled Kennydy but the affidavit she
by Moon Hsu, girlfriend of Kennedy Casimina, subscribed to the Davao City Prosecutors Office, October 23, 2012.
178 Human Rights Watch interview with Romnick Minta, Manila, February 11, 2014.
179 Affidavit
by Moon Hsu, girlfriend of Kennedy Casimina, subscribed to the Davao City Prosecutors Office, October 23, 2012.
36
Its not clear in Hsus affidavit if the two died. I saw Romnick [Minta] still holding his gun
and the two men fell down [on] the road, Hsu said in her affidavit.180 But according to
Minta, one of the two men died, while the other managed to escape.181
Terrified at what they saw, Hsu said she and Casimina immediately went home to their
apartment. A short time later, Azarcon, Minta and a short, dark person arrived at their
door. Hsu said the third person with the two death squad members looked to her like a
policeman because of the gun in a holster on his waist. Hsu said Azarcon then took out a
knife, held it against Casiminas midsection and told him in the vernacular Visayan: This
knife is perfect for your body. Should you tell others, you will be next.182
On July 7, Azarcon allegedly barged into the bar armed with a .45 caliber pistol and shot
Casimina four times to the head in front of his friends.183 Minta told Human Rights Watch
that the Tagum Death Squad had wanted Casimina to witness the shooting of the two men
so Casimina would stop stealing. We did not want to kill Kennedy, only those two thieves,
he told Human Rights Watch. We knew he was stealing too and we warned him. We
thought he had reformed because he left Tagum but then he came back and resumed
stealing. We had no choice but take him out.184
The police never completed its investigation into Casiminas killing, which remains
unsolved.185
180 Ibid.
181 Human Rights Watch interview with Romnick Minta, Manila, February 12, 2014.
182 Affidavit by Moon Hsu, girlfriend of Kennedy Casimina, subscribed to the Davao City Prosecutors Office, October 23, 2012.
183 Ibid.
184 Human Rights Watch interview with Romnick Minta, Manila, February 12, 2014.
185 Ibid.
186 Affidavit by Oscar Ang, son of Alicia Ang, filed with Panabo City Prosecutors Office, January 24, 2013.
37
with no license plates. Police found two empty caliber .45 shells and a bullet at the
scene of the crime.187
Police have not arrested any suspects in Angs murder. However, police suspect the motive
was a property dispute.188 Angs son Oscar affirmed this theory. In his affidavit to support
the filing of a case against the alleged perpetrators, Oscar alleged that the other party in
the property dispute allegedly paid the Tagum Death Squad 100,000 pesos ($2,200) for
the murder.189 He identified the alleged killers as Renster Azarcon, Allan Palen, Jomarie
Abayon, and Romnick Minta.190 The latter two admitted to Human Rights Watch their
involvement in Angs contract killing. Abayon said Azarcon and Palen did the actual
shooting and that he and Minta only served as drivers of the getaway motorcycles, but
Human Rights Watch could not corroborate this.191
Oscar Ang, based on information provided by Minta, alleged that Leticia Peralta, Pepito
Peralta and Shirley Peralta-Maghanoy paid the Tagum Death Squad to murder his mother.
Ang further alleges and that murder contract was handled by Conrado Palen, police
officers Rolando Sabitsana and Alexis Magno, and Victor Cuaresma, a close aide of then
Mayor Rey Uy.192 Ang said his mother had had a disagreement with the Peraltas that a
court had resolved in his mothers favor.193 Ang alleged that after the courts decision, his
mother started receiving death threats from the Peraltas. One such threat was, in the
vernacular dialect of Visayan: Two sacks of money should be enough to make her
disappear.194
According to police sources, the Ang case remains unsolved and no suspect aside from
Romnick Minta has been arrested.
187 Woman slain in ukay-ukay shop, Sun Star Davao, August 29, 2012, http://www.sunstar.com.ph/davao/localnews/2012/08/29/woman-slain-ukay-ukay-shop-240004 (accessed February 11, 2014).
188 Ibid.
189 Affidavit by Oscar Ang, son of the victim, subscribed to Panabo City Prosecutors Office, January 24, 2013.
190 Ibid.
191 Human Rights Watch interviews with Romnick Minta and Jomarie Abayon, Manila, February 11, 2014.
192 Affidavit by Oscar Ang, son of the victim, subscribed to Panabo City Prosecutors Office, January 24, 2013.
193 Ibid.
194 Ibid.
38
195 3rd media slay in 2 weeks, Philippine Daily Inquirer, December 12, 2013, http://newsinfo.inquirer.net/544833/3rdmedia-slay-in-2-weeks (accessed February 11, 2014).
196 Block timers buy airtime from radio stations. Buyers often use this airtime for mainly commentary programs. Many of
the victims of journalist killings in the Philippines are block timers, who are not subject to the same rules of broadcast as
staff members of the radio station, and hence tend to be more critical and shrill in their commentary. The response by the
target of their on-air attacks is often violence.
197 3rd media slay in 2 weeks, Philippine Daily Inquirer, December 12, 2013, http://newsinfo.inquirer.net/544833/3rd-
39
Other colleagues said the victim had received death threats, which he liked to share with
his listeners.201
A witness to the killing told Human Rights Watch that she saw and recognized the person
who shot Butalid as Renster Azarcon, one of the key members of the Tagum Death Squad.
She personally knows Azarcon, she said, and knows him enough to recognize him even
wearing sunglasses.202 I know how he looks, I know how he dresses, Im familiar with his
gait, she said.
The witness said she was going home after visiting her father that day and stopped by
Sobrecarey Street to buy some fruit when the shooting occurred. I had bought my fruit
and was about to hail a pedicab when I saw Renren [Azarcon] across the street, riding on
the back of a motorcycle driven by another man, she told Human Rights Watch. He was
wearing a gray jacket, hiking shorts and sandals. Afraid that the alleged gunman might
recognize her, she turned around but not before she said she saw his eyes. He used a
handkerchief or a similar kind as a mask, but I saw his eyes, she said.
The moment she turned her back to hail a pedicab, she said, she heard gunshots. She said
she did not see the actual shooting.
Former Tagum Death Squads members Romnick Minta and Jomarie Abayon, in separate
interviews with Human Rights Watch, said they also suspect the death squad was
responsible for the murder of Butalid.203 Theyre still operating and the Daneco issue is
important to Uy, Minta said.204 A top police official of Davao del Norte is also convinced
that Uy was behind the Butalid murder. It had all the signs of a TDS operation, he said.205
201 Ibid.
202 Human Rights Watch interview with Agnes (name withheld), Manila, January 31, 2014.
203 Human Rights Watch interview with Romnick Minta, Manila, January 31, 2014.
204 According to several sources from Tagum City, Uy wanted to control Daneco, which supplies electricity to Tagum City and
the province of Davao del Norte, because it is a lucrative operation. He allegedly initiated a management takeover of the
cooperative by enlisting the support of the Cooperative Development Authority, which regulates all cooperatives in the
country. The National Electrification Administration, which regulates electric cooperatives, resisted the takeover move. The
dispute became acrimonious, to the point that both factions started collecting electric bills from consumers at the same time,
leading to confusion.
205 Human Rights Watch interview with police official (name withheld), Manila, December 15, 2013.
40
The police have not arrested any suspect in Butalids murder. On December 13, 2013, it
formed a task force, called Task Group Tata, to coordinate its investigations and
released as well a police sketch of the gunman.206 The current mayor of Tagum, Allan
Rellon, has offered a 100,000 peso ($2,200) reward for information about the killer.207
206 Police release description of Davao reporter's suspected killer, The Philippine Star, December 13, 2014,
http://www.philstar.com/nation/2013/12/13/1267669/police-release-description-davao-reporters-suspected-killer
(accessed February 11, 2014).
207 Reward offered for info on Tagum radioman's killers, GMANews.tv, December 12, 2013,
http://www.gmanetwork.com/news/story/339428/news/regions/reward-offered-for-info-on-tagum-radioman-s-killers
(accessed February 11, 2014.) Rellon and Butalid have known each other a long time, having been classmates in high school.
Butalid ran for city councilor under Rellons party but lost.
41
208 Human Rights Watch interviews with Romnick Minta, Davao City, May 12, 2013 and Manila, from October 2013 to February
12, 2014.
42
209 Officially, the main task of the Civil Security Unit (CSU) in Tagum City is related to law enforcement, to keep the peace in
government infrastructures such as public markets and help as well in managing the traffic in Tagum City. It is not clear when the
Tagum government created the CSU. Other cities in other parts of the country also have their own CSUs. In the case of Davao City,
members are usually in uniforms and are often seen accompanying the police on patrols or during police operations.
210 Human Rights watch interview with Romnick Minta, Manila, February 12, 2014.
211 Judicial affidavit by Jomarie Abayon subscribed to the Davao City Prosecutors Office, June 27, 2013, attested by private
lawyer Mariano Alegarbes.
212 Ibid.
213 In one case, a CSU member who was not a death squad member was arrested for carrying a firearm. The court dismissed the
case after his lawyers argued that the firearm was legal. He had papers from City Hall, said a police officer privy to the case.
214 Illegal detention case vs. arresting NBI agents Cee O, Rural Urban News, November 4, 2010,
43
They could also drive motorcycles with no license plates without fear of being stopped by
authorities. That helped enable them to commit targeted killings with impunity.216
According to Abayon and Minta, Rolando Rolly Sabitsana, a non-commissioned police
officer with the rank of Senior Police Officer 1 (equivalent to staff sergeant in the military),
acted as the team leader of the Tagum Death Squad. He also directly supervised one of the
two teams comprising the death squad.217 Sabitsana often assigned missions to specific
TDS members. A police intelligence officer told Human Rights Watch:
My colleagues would tell me, when I was new, to keep quiet. These officers
are the mayors men. One of them was Sabitsana, Rolly Sabitsana. So we
just kept quiet. We couldnt arrest them. We couldnt do anything when
theyre in front of us. But we knew what they were doing.218
As the team leader who controlled the death squad, Sabitsana had direct access to two of
Uys most trusted men: Conrado Rading Palen and Victor Kulot Cuaresma.219 Both
reported directly to Uy, who in turn would always relay his orders to them, not directly to
the hit men. Minta told Human Rights Watch:
Sabitsana handled us. Rading was our adviser. Victor was always at Mayor
Uys house and he was the one who would send us text messages about an
upcoming job. Victor also handled our finances.220
According to Minta, Palen, who was officially designated as an intelligence operative of
the Tagum police, directly supervised the other team to which he belonged.221 If Mayor [Uy]
has an event that required more security, Sabitsanas team would be the more visible one
while ours would just be watching in the sideline, Minta said.222
216 Human Rights Watch interview with a police intelligence officer (name withheld), Davao City, May 11, 2013.
217 According to police sources, Rolando Sabitsana has been recalled to the Philippine National Police Regional Office 11
based in Camp Catitipan, Davao City, where he continues to serve the police force.
218 Human Rights Watch interview with a police intelligence officer (name withheld), Davao City, May 12, 2013.
219 Human Rights Watch interviews with Romnick Minta, February 12, 2014, and Jomarie Abayon, January 31, 2014.
220 Human Rights Watch interview with Romnick Minta, Manila, February 12, 2014.
221 City Council resolution extending financial assistance to Palen, December 8, 2008,
44
The death squad also had the cooperation of several members of the Tagum City Police
Station, some of whom are named as respondents in the cases filed by the families of the
victims before the Office of the Ombudsman. One of them, Alex Manigo, ranked police
officer 3 (equivalent of master sergeant in the military), was Sabitsanas right-hand man.
He had gone officially absent-without-leave (AWOL) when the Tagum Death Squad
dispersed after the defeat of Uy in the elections. However, he was recently appointed as
head of the CSU in Compostela Valley province, where Uys brother, Arthur, is governor and
where killings have also been taking place.223
The intelligence officer told Human Rights Watch that Uy micromanaged the Tagum City
Police Station.224 That control explained the police officers often blind obedience to Uys
orders. Police officers were also concerned about reprisals for refusing Uys orders after
the Tagum Death Squad targeted several police officers for death.225 The intelligence
officer said:
223 Human Rights watch interviews with Romnick Minta, Manila, February 12, 2014 and with a senior police official, Manila,
February 12, 2014.
224 According to interior undersecretary Austere Panadero, a city or town mayor does not have actual total control of the
police force because the mayor would still have to select his police chief from three recommended by the Philippine National
Police, who technically would vet the candidates and ensure that his rank and skill are commensurate to the needs of the
town or city.
225 Human Rights Watch interview with police official (name withheld), Davao City, May 11, 2013.
226 Human Rights Watch interview with police intelligence officer, name withheld, Davao City, May 11, 2013. Under the Local
Government Code, the mayor can appoint his police chief based on the recommendations of the Philippine National Police,
which nominates three.
227 According to Interior Undersecretary Austere Panadero, the local government units such as the town and city would often
45
that he wasnt consulted about the OIC, the source said.228 A government official privy to
the dynamic of the police and local government confirmed this account to Human Rights
Watch.229
But it soon became apparent that control of the police force was Uys true objective.
Without a police chief of his own choosing, he would have difficulty committing all of
these crimes, said a police official from Davao del Norte province.230
Among the hit men, Renster Renren Azarcon stood as the most senior, and most feared.
Based on the testimonies of former members and the affidavits of relatives of victims,
Azarcon did most of the actual shooting.
The death squads weapon of choice was a .45 caliber pistol; different calibers and types
of handguns were also used, although not as often.231 During their hits, the killers typically
would wear baseball caps and sunglasses.232 The members also used motorcycles that
came from City Hall with red plates indicating that they were government property.
However, the assailants removed the plates or replaced them with a For Registration
plate.233 Victor Cuaresma, Uys close aide who helped run the death squad, procured the
motorcycles from City Hall.234 In between jobs, these motorcycles would be hidden in a
safe house owned by a relative of Sabitsana in Tagum City.235 They used the safe house
for meetings about upcoming jobs and also gathered there to collect their payment.236
228 Human Rights Watch interview with a police intelligence officer (name withheld), Davao City, May 11, 2013.
229 Human Rights Watch interview with a local government official (name withheld), Davao del Norte, August 12, 2013.
230 Human Rights Watch interview, Davao City, May 11, 2013.
231 Human Rights Watch interviews with former TDS members (names withheld), Davao and Manila, May, 12, 2013 and
46
decade Maoist insurgency in the Philippine countryside.237 These are Conrado Rading
Palen, the groups adviser, as well as former TDS member Romnick Minta.238 Palen was an
NPA guerrilla in the 1980s up to the early 1990s, according to a high-ranking NPA leader in
the Southern Mindanao region.239 It is not clear when Palen started working for Uy. However,
shortly after he began as Uys close aide, the volume of complaints about the killings and
Palens brutality prompted the NPA to consider killing him.240
Mintas NPA origins had many distinct advantages. First, he was already familiar with
weapons and had undergone some combat training. Minta had more importantly been a
member of the Sparrow Unit, the NPAs assassination squad.241 He eventually surrendered
to the police and began working for them. He initially worked as a police agent providing
information about criminals or suspected criminals. Minta told Human Rights Watch:
I agreed to be their agent because I had no other options. I dont want them
to be angry at me. I had just surrendered and asked for help from them.242
In 2010, Minta said he met Mayor Uys men. A police intelligence officer who learned of his
surrender in 2009 from another former rebel referred him to the death squad. The
recruitment was easy, mainly because Minta had received government assistance as a
rebel returnee. He was first used as an alpha, which is TDS jargon for a spy who did
mostly surveillance work. His job was to check out suspected criminals who had been the
subject of complaints, particularly those who just got out of prison and were likely to
commit another crime.243
237 The NPA is very active in the region of Southern Mindanao, to which Tagum City and the provinces of Davao del Norte and
2013, and an NPA leader, Manila, February 13, 2014. The NPA leader said they were aware that many of those who quit the
insurgency are prone to recruitment by politicians. He said they could not do anything about that but said that those ex-guerrillas
who committed abuses against the people are always subject to revolutionary justice. Indeed, the NPA has long executed
former comrades who committed crimes against ordinary citizens or ended up working for the police and military.
242 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
243 Ibid.
47
In 2011, Minta became one of the TDS hit men. He said he joined the Civil Security Unit that
same year and received a briefing from no less than retired police Col. Abraham Catre, the
head of the CSU, and Mayor Uy himself.244 He said the CSUs duties included monitoring
and to get rid of lawless elements of Tagum City such as but not limited to thieves,
snatchers, drug pushers, killers, robbers.245
Minta made his first kill as a TDS member that same year. Minta insists that the TDS
compelled him to do the killing and that he was forced to join the squad primarily out of
fear. If I didnt join, I would be targeted [for death by the TDS], he said.246
Most TDS members came from the streets of Tagum: jobless youths and local toughs who
had committed crimes such as robbery and drug use.247 One of them, Renster Azarcon, was
a former soldier who had gone AWOL. Another was Marlon Hepalago, a former TDS member
who said in his affidavit that Azarcon recruited him in December 2009. I was specifically
designated to be the driver only of the motorcycle used during the summary killings they
made, Hepalago said.248
Jomarie Abayon was only 17 when he was recruited into the TDS by Azarcon.249 Fearful that
his fellow hit men were planning to kill him, Abayon left the group in 2013, at age 22. Minta
described Abayon as a gangster who gained the confidence of the team leaders because
he would identify other criminals in Tagum who they would later murder.250 Michael,
another member, was a drug addict, while Trongtrong was a notorious thief. Allan,
another member, is a relative of Conrado Palen, one of the team leaders.251
244 Affidavit by Romnick Minta, subscribed to the Davao City Prosecutors Office, October 1, 2012.
245 Affidavit by Romnick Minta, subscribed to the Davao City Prosecutors Office, October 1, 2012.
246 Human Rights Watch interview with Romnick Minta, Manila, February 12, 2014.
247 Human Rights Watch interviews with Romnick Minta, Davao City, May 12, 2013, and Jomarie Abayon, Manila, January 31, 2014.
248 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
249 Human Rights Watch interview with Jomarie Abayon, Manila, January 31, 2014.
250 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
251 Ibid.
48
Minta said the TDS very easily recruited these men owing to their notoriety in the
community and their criminal records.252 This provided the killers a distinct advantage as
they were often already familiar with their targets from before and their habits.253
Minta said TDS members were often told by their leaders that their mission, the reason
why were here, was to rid Tagum City of criminals:
They said they wanted to clean up Tagum, to bring change to Tagum, so that
bad elements would think twice in coming in because they would end up
dead in Tagum.254
Aside from the occasional target shooting, members of the death squad did not undergo
other training.
252 Ibid.
253 Ibid.
254 Ibid.
255 Affidavit by Romnick Minta, subscribed to the Davao City Prosecutors Office, October 1, 2012.
256 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
49
Minta described the TDS modus operandi as a more streamlined version of the slow,
corrupt and unpredictable Philippine justice system. Minta praised TDS methods as a
more efficient way to dispense justice. Once arrested, the longest a person can be
jailed is 24 hours if no case is filed against him, he told Human Rights Watch. Our job
was to eliminate him immediately if no one filed a case.257
Minta indicated that the TDS respected the judicial principle of double jeopardy by not
targeting individuals for crimes for which they had already served time in prison. Instead,
he said the TDS only targeted those which the death squad believed had committed crimes,
but had successfully evaded arrest and prosecution.
Other targets of the death squad were also listed in what members called the order of
battle or OB.258 Marlon Hepalago, the former member, recalled in his affidavit the
February 20, 2011, killing of a police officer named Edwin Gonzales de Guzman on
Sobrecarey Street. The reason for the killing as given by Rading was that the said police
officer was already in their OB and the killing was approved by Mayor Rey Uy.259 De
Guzman attributed the killing to Renster Azarcon, who did the shooting, while riding on a
motorcycle that Hepalago drove.
The children that frequented Freedom Park knew of and dreaded this OB and some of them
went to the extent of contacting the people who allegedly maintained that list.260 Jomarie
Abayon, a former TDS member, told Human Rights Watch the OB also included names
allegedly reported to the mayor and his men through a radio program that broadcast a
mobile number to which citizens can report crimes or suspected criminals. Abayon said:
That number would receive a lot of calls and texts identifying suspected
criminals. Our task was to check out the names, whether these people
actually were committing the crimes they were accused of committing. If we
257 Ibid.
258 The order of battle or OB is a military instrument in which enemies are listed and, at least in the Philippine context,
targeted for elimination.
259 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
260 Human Rights Watch interview with Jomarie Abayon, Manila, January 31, 2014.
50
confirmed it, our leaders would then assign the job [to kill the alleged
criminal].261
The weeds of Tagum City, however, were not the only targets of the Tagum Death Squad.
According to Minta, their leadersConrado Palen and Victor Cuaresmaalso deployed the
TDS for the contract killings of individuals outside of the usual profile of petty criminals.
They included ordinary residents, businessmen, and even police officers. Palen and
Cuaresma allegedly pocketed the largest portion of payments for these contract killings,
sharing with the group a few thousand pesos for each hit. Hepalagos affidavit states that
he drove the motorcycle that Azarcon used in the September 5, 2010, killing of Mario
Bongabong, one of Palens alleged competitors in the small-scale mining business.262 The
murder of Alicia Ang was another such case of a contract killing that Palen facilitated after
the alleged masterminds approached him because the victim sued them in court over a
property dispute and won.263
Both Minta and Abayon said Mayor Uy did not necessarily have first-hand knowledge of the
planning of these non-weeds killings, but that he tolerated such abuses. [Uy] allowed
Palen and Cuaresma to do these other killings as long as we were not caught and as long
as we can show that the targets were bad elements, Minta said.264
Other members of the death squad, encouraged by Palens and Cuaresmas deployment of
the TDS for personal gain, were inspired to do likewise. Romnick Minta and Jomarie
Abayon said that other TDS members began fabricating allegations against individuals in
order to create greater number of paid contract killings. They will kill even those who are
not guilty. They will just text the mayor and say they will [kill] a drug addict, a police
officer said.265 Minta said that the TDS leaders learned that fabricating drug allegations
against an individual in order to justify a summary killing was an easy way to get Uys
approval for such murders.266
261 Ibid.
262 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
263 Affidavit by Oscar Ang, son of the victim, subscribed to the Panabo City Prosecutors Office on January 24, 2013.
264 Human Rights Watch interview with Romnick Minta, Manila, February 12, 2014.
265 Human Rights Watch interview with a police officer,
266 Ibid.
51
Operations
The vast majority of the TDS killings investigated by Human Rights Watch involved the use
of motorcycles. These belonged to the Tagum City government and would be assigned to
members of the death squad officially employed as security aides of the Civil Security
Unit.267 Each murder typically involved four men riding two motorcycles. In some instances,
the TDS would deploy six men on three motorcycles in cases in which they suspected the
victim would have the ability to fight back.268
According to Minta, after Palen or Cuaresma finalized a hit, often with Mayor Uys
approval, they or sometimes Uy himself would contact Sabitsana. Sabitsana would then
send text messages to specific TDS members to carry out the task of either conducting
more surveillance on the subject or the actual murder itself. In some instances, as in the
case of the murders of Epifanio Salmin and Dennis Angeles, the assigned killers would
meet with the team leaders and even the person who allegedly ordered the killing, to
discuss the job formally.269
Minta said TDS members worked under three supervisorsPalen, Cuaresma, and
Sabitsana.270 Minta said he and other TDS members would be told not to report to the CSU
office, but had to be available by mobile phone 24 hours a day. TDS members would await
instructions as to the identity and location of the target. Sometimes, the assigned
assailants were given photos, descriptions, sketches, and the address of the target.271 The
supervisors would specify the division of laborwhich TDS member was the gunman and
which one the motorcycle driver.272 Minta told Human Rights Watch:
[TDS members] didnt plan what we did. It came from the mayor. From the
mayor, this would be forwarded by text to Rolly [Sabitsana]. Rolly then
would forward this to us. Then we do the job. After finishing our job, we
267 Human Rights Watch interview with Romnick Minta, Manila, February 11, 2014.
268 Ibid.
269 Ibid.
270 Affidavit by Romnick Minta subscribed to the Davao City Prosecutors Office on October 1, 2012.
271 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
272 Affidavit by Romnick Minta subscribed to the Davao City Prosecutors Office on October 1, 2012.
52
would text Rolly and report that we did it. Then the mayor would reply and
say okay.273
Minta and Jomarie Abayon, another former member, said that police officers were also
involved in the killings. They were with us, Abayon said. We would clear our operations
with their intel and they would reply, Were a go today, lets go to work. We would also do
jobs for them if they have jobs for us.274
There were instances when the TDS didnt even have to clear a murder with their leaders.
Minta said that on several occasions, TDS members who happened to catch a thief would
just kill him outright. The instruction to us was if we were sure the target had committed a
crime, we can kill him without clearing it with them first, Minta said.275
Killings were often committed in broad daylight and the weapon of choice was usually
a .45 caliber pistol. While TDS members were not given a quota, Minta said they often
killed two or three victims a week, depending on orders from their leaders.276 Minta told
Human Rights Watch that the TDS had also killed outside Tagum, as far away as Butuan
City, in northern Mindanao. 277 Sometimes, TDS members got assignments to work as
bodyguards for businessmen who contracted the squads team leaders.278
The TDS members would often regroup after a killing at their safe house in Visayan Village,
Tagum City, owned by Sabitsana.279 The safe house was also where Palen or Cuaresma
would pay TDS members, usually a week after a killing. On at least two occasions, Mayor
Uy himself personally paid the killers.280 However, Minta said that Uy forbade TDS
members from going to his office at City Hall. [Instead], we go to his residence beside the
273 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
274 Human Rights Watch interview with Jomarie Abayon, Manila. January 31, 2014.
275 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
276 Ibid.
277 Ibid.
278 Ibid.
279 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
280 Affidavit of Jomarie Abayon; Human Rights Watch interview with Romnick Minta, Davao City, May 11, 2013.
53
Grand Mall. We enter the red gate of his house, enter the bodega and turn right to his
house to wait for the payment from him, Minta said.281
Financing
The TDS as a unit got paid 5,000 pesos ($110) for every killingan amount the members of
the group would divide among themselves.282 The money would come from Uy himself,
channeled through either Victor Cuaresma or Conrado Palen.283 On at least two occasions,
Uy personally paid Romnick Minta and Jomarie Abayon for two killings.284 In such instances,
the payment occurred in the former mayors home in Apokon, Tagum City, which they
called Jaguar, according to former death squad members.285
As an employee of the Civil Security Unit of City Hall, Minta also received a monthly salary
of about 10,000 pesos ($220).286 That compares to a provincial monthly minimum wage of
7,224 pesos.287 Contract killings augmented this salary, depending on how many TDS
members were involved in a particular murder. Former member Marlon Hepalago said that
driving the gunmans motorcycle paid 3,000 pesos ($66) in the murder of Palens business
rival Mario Bongabong.288 Hepalago said he earned 2,000 to 3000 pesos per contract
killing, depending on the budget for the hit.289
None of the former TDS members said they knew where Mayor Uy sourced the money to
pay them or spent on their behalf, as in the case of Jomarie Abayon, who was wounded
during his attempt to kill Romnick Minta on September 8, 2012, and whose hospital bills
Uy paid for.290
281 Affidavit by Romnick Minta subscribed to the Davao City Prosecutors Office on October 1, 2012.
282 Human Rights Watch interviews with Romnick Minta, May 12, 2013, and Jomari Abayon, January 31, 2014
283 Ibid.
284 Ibid.
285 Ibid.
286 Affidavit by Romnick Minta subscribed to the Davao City Prosecutors Office on October 1, 2012.
287 Department of Labor and Employment Wage Order No. RB-XI-17
54
Minta suspected the funds came from the payments of third parties who contacted the
mayor or his close aides for contract killings.291 Some Tagum residents suspected that Uy
sourced the contract killing payment from corrupt activities, among them kickbacks from
government contracts, even demanding a cut in the profit from small business.292
But the funds for the TDS did not necessarily come from illicit sources. Under the law that
created the Philippine National Police, mayors such as Uy can augment the citys security
forces by employing or deploying units of the PNP or by creating community safety
plans.293 Funding for these initiatives can either come from the citys budget or can be
sourced through what are called intelligence funds.294 Local executives are given much
leeway, often discretionary, in spending these intelligence funds, also called confidential
funds, to help in peace and order efforts.295
291 Human Rights Watch interview with Romnick Minta, May 12, 2013.
292 Human Rights Watch interviews with a businesswoman, name withheld, Tagum City, August 12, 2013 and interview with a
http://www.gmanetwork.com/news/story/209137/news/specialreports/pnoy-to-have-p1-2-b-in-unaudited-intel-funds
(accessed March 8, 2014).
296 Human Rights Watch, You Can Die at Any Time.
297 Human Rights Watch interview with Romnick Minta, May 12, 2013.
298 Human Rights Watch interview with Felix (name withheld), a former member, May 11, 2013.
299 Human Rights Watch interview with Romnick Minta, May 12, 2013.
55
friend, Minta said. He was a good man. He helped me when I surrendered [from the NPA].
Thats why I told them I could not do it.300
In the afternoon of August 31, 2012, TDS members Renster Azarcon and Trongtrong shot
Aover dead while the police officer stood in front of his store in Mawab town, in nearby
Compostela Valley province. The gunman walked up to Aover and shot him point-blank in
the head, killing him on the spot.301 A police officer told Human Rights Watch that Aover
had started to investigate the death squad, hence the attack.302
Three days after Aovers murder, on September 4, Minta received word that he had been
fired from the CSU. Four days later, on September 8, the death squad tried to kill Minta.
They did it by attacking Mintas brother Mario and drawing Minta to the crime scene.303
In the morning of that day, Abayon said he received a text message from Mario Minta
inviting him over for a drink. He went to see Minta, drank brandy, and, when he had the
slightest opportunity, shot Minta several times in the headso many times that,
according to Abayon, he emptied two magazines of the .45 caliber pistol he used.304
Abayon then called Romnick Minta on his phone, telling him that Mario had been shot
dead moments ago at a place called Jalandoni in Tagum City. Minta quickly went to the
scene of the crime and saw Abayon holding a gun. Minta shot Abayon, hitting him in the
back, puncturing his kidney.305 Abayon shot back, wounding him in the chest. Abayon ran
and Minta managed to hail a pedicab that brought him to the hospital. Minta, however, was
sure that the TDS or even members of the Tagum police would finish him off at the hospital.
So he left and approached a contact at the Davao del Norte Provincial Police Office, which
subsequently provided him protection and convinced him to testify about the killings.306
300 Ibid.
301 John Roson, Cop gunned down in Compostela Valley, Blueblitzkrieg, September 1, 2012,
http://blueblitzkrieg.wordpress.com/2012/09/01/cop-gunned-down-in-compostela-valley/ (accessed February 13, 2014).
302 Human Rights Watch interview with police officer, Davao City, May 12, 2013.
303 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
304 Ibid.
305 Affidavit of Jomarie Abayon, subscribed to Davao City Prosecutors Office, June 27, 2013.
306 Ibid. Abayon himself later turned against the TDS, agreeing to testify but his testimony is not yet included in the case
because he had a falling out with those handling the case at the Davao del Norte Police Office. He remains in hiding and told
56
Abayon confirmed Mintas account to Human Rights Watch. Around early September,
Mayor Uy decided to have Minta killed after Palen told him about Mintas refusal to take on
the Aover assignment, Abayon said.307 Go ahead and do it. People like that will put us in
danger, Abayon quoted the mayor as saying. He meant kill Romnick. There were six of us
in that meeting at the hut inside the mayors compound. He kept cursing, Abayon said of
Uy, who used the Visayan word for devil to describe Minta. They snacked on bread and soft
drinks during the meeting, Abayon said.308
After Mintas [dismissal], we were told to include in our reports that Romnick Minta and
his brother Mario Minta alias Jonas have organized a robbery gang in Tagum City and
are responsible for various robbery taking place in Tagum City, Abayon said of the
justification to target Minta.309 He said he was at the meeting one day in September 2012,
at the house of Police Officer 3 Leonardo Abrenica in Tagum City, where members of the
TDS and all intelligence personnel of the Tagum City Police Station planned to kill
Minta and his brother.310 Uy, he said, arrived during the course of the meeting, but left
ahead of the others.311
Abayon said he himself would later become the target of liquidation after he failed to kill
Romnick Minta, who went on to testify against Uy and the others.312 After the TDS team
leader Palen convinced Abayon to report back to the TDS after hiding for months, Abayon
agreed to meet Palen at the entrance of a mall in Tagum City. Abayon said he did not
proceed to the agreed spot, but instead observed it from afar. Soon, he said, he saw his
former death squad members riding in motorcycles arriving at the place. Thinking that he
was about to be ambushed, Abayon said he slipped away and did not show up.313
Human Rights Watch that he, too, fears for his life. He and Minta have since settled the issue of Abayons shooting of Mintas
brother both said it was nothing personal.
307 Human Rights Watch interview with Jomarie Abayon, Manila, January 31, 2014.
308 Ibid.
309 Sworn affidavit of Jomarie Abayon subscribed to the Davao City Prosecutors Office, June 27, 2013.
310 Ibid.
311 Ibid.
312 Ibid.
313 Ibid.
57
Shortly before noon one day in July 2012, a TDS member known as Felix was on his way
home by motorcycle when he noticed another motorcycle tailing him. He decided to turn at
a street before the village where he lived. He then stopped his motorcycle, dropped the
plastic bag he was carrying and pretended to pick it up. He said he saw the other
motorcycle in his rearview mirror stopped not too far from where he was. He turned around
to have a better look at the assailants, but they shot him instead, twice. One of the bullets
hit him in the head, the other in the leg. Bleeding, Felix managed to shoot back, forcing the
hit men to drive away, and survived his wounds.314
Felix was a member of the TDS tasked mainly with driving the motorcycles used in the
killings. He believed that his business dealings in small-scale mining must have angered
the leaders of the TDS, who were also into small-scale gold mining.315
The TDS killed Cyrian Bautista, another alleged member, on March 6, 2011, in Madaum,
Tagum City. According to Marlon Hepalago, Renster Azarcon shot Bautista while he drove
the motorcycle used in the attack.316 A relative of Bautista confirmed that he worked for the
CSU and that he was always armed. The relative also said a companion of Bautista at the
CSU had warned him as early as December the year before of the plan by the death squad
to kill him because he allegedly was using and dealing drugs.317
Jomarie Abayon, who is now in hiding both from the police and the death squad, said that
Palen continues to contact him via text messages, pleading for him to come back but
Abayon said he ignored Palen. Im not stupid. I know theyre going to kill me the moment
they see me, Abayon said.318
In his affidavit, Hepalago divulged that he stopped reporting for work with the TDS after
the July 28, 2010, murder of a suspected drug pusher, John Mark Mancao, at the city public
market.319 Hepalago received text messages afterward from Azarcon and Sabitsana, asking
314 Human Rights Watch interview with Felix (name withheld), Davao City, May 11, 2013.
315 Ibid.
316 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
317 Human Rights Watch interview with relative of Cyrian Bautista (name withheld), August 2013.
318 Human Rights Watch interview with Jomarie Abayon, Manila, January 31, 2014.
319 Affidavit by Marlon Hepalago subscribed to the Davao City Prosecutors Office on October 25, 2012.
58
him to report back to the TDS. When he refused, they started threatening to kill him.320
Hepalago changed his mobile phone SIM card and went into hiding.
Aside from Bautista, Hepalago said at least three more members who opted to get out were
also eventually targeted for killing. Minta told Human Rights Watch that he knew of at least
three murders of former members while he was still with the group.321
320 Ibid.
321 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
59
322 Human Rights Watch interview with then Mayor Celso Lobregat, September 2012.
323 List of cases from the Tagum City Police Office and the Davao del Norte Provincial Police Office.
324 Human Rights Watch interview with Under Secretary Austere Panadero of the Department of the Interior and Local
60
duties, all public officials and employees are under obligation to (a) Act promptly on letters and requests. All public officials
and employees shall, within fifteen (15) working days from receipt thereof, respond to letters, telegrams or other means of
communications sent by the public. The reply must contain the action taken on the request.
328 International Covenant on Civil and Political Rights (ICCPR), adopted December 16, 1966, G.A. Res. 2200A (XXI), entered
into force March 23, 1976, art. 6. The Philippines ratified the ICCPR in October 1986.
329 Human Rights Committee, General Comment 6, Article 6 (Sixteenth session, 1982), Compilation of General Comments
and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.1 at 6 (1994), para. 3.
330 ICCPR, art. 2. Governments should make reparations to individuals whose rights have been violated. See Human Rights
Committee, General Comment 31, Nature of the General Legal Obligation on States Parties to the Covenant, U.N. Doc.
CCPR/C/21/Rev.1/Add.13 (2004), paras. 15 and 16.
61
convicted, punished with appropriate sanctions, and that the victims families are
adequately compensated.331
331 Human Rights Committee, Concluding observations on the fourth periodic report of the Philippines, adopted by the
62
targets, the police would clear the way first and [they would be] the first ones to appear at
the scene of the killing before the operatives of the PNP Crime Lab could come.336
Police officers also took part in attempts to cover-up the murders. On at least one occasion,
as noted above, police officers allegedly arrested and tortured the boy known only as
Jerome in an effort to find out if Jerome indeed witnessed the abduction of another boy,
Macky Lumangtad, who was later murdered.337 Police officers would also take part in
fabricating reports to justify many of the killings.338 In fact, most of our reports were
already prepared by police intelligence personnel of the Tagum City Police Station and we
were only made to sign it, Abayon said.339
In the killing of Jesus Cabayacruz on April 24, 2012, former TDS member Minta said he and
fellow TDS members sent text messages to three members of the Tagum City Police Station
intelligence teamSenior Police Officer 3 Jose Bingil, Police Office 3 Leonardo Abrenica,
and Senior Police Officer 1 Divina Agocoyto alert and inform them that we were about to
do summary killing at that particular vicinity.340
Human Rights Watch also learned that an official from the Tagum City Police Station
discouraged other agencies, such as the Commission on Human Rights (CHR), from
investigating the killings, telling them that Uy does not respect the CHR.341 However,
prior to the surrender to police of TDS member Romnick Minta, the death squad also
discouraged official scrutiny of their killings by threatening police who sought to
investigate those crimes.342
336 Sworn affidavit of Jomarie Abayon subscribed to the Davao City Prosecutors Office, June 27, 2013
337 Human Rights Watch interview with Romnick Minta, Manila, March 7, 2014.
338 Sworn affidavit of Jomarie Abayon subscribed to the Davao City Prosecutors Office, June 27, 2013
339 Ibid.
340 Affidavit of Romnick Minta, subscribed to the Davao City Prosecutors Office, November 12, 2012.
341 Ibid.
342 Human Rights Watch interview with a police intelligence officer, Davao City, May 11, 2013.
63
344 Human Rights Watch interview, Davao City, August 13, 2013.
345 Human Rights Watch interview, Manila, January 31, 2014.
346 Human Rights Watch interview with a police intelligence officer, Davao City, May 11, 2013.
347 The CHR is a constitutional body tasked to investigate, on its own or upon a complaint filed by a citizen, human rights
violations. It has offices in the various regions of the Philippines. For more on the CHR, visit www.chr.gov.ph.
348 Human Rights Watch interview with Emil Cajes, chief of the investigation division of the Commission on Human Rights in
the Southern Mindanao Region, Davao City, August 12, 2013.
349 Human Rights Watch interview, Davao City, August, 2013.
350 Ibid.
64
In fact, the CHR was treading on very dangerous ground when it conducted the
investigation and may have exposed at least one of the witnesses to danger. According to
Romnick Minta, their team leader ordered Jeromes murder because he had seen the killers
of Macky Lumangtad lead him away from Freedom Park the day before his murder.351 Four
members of the TDS shot Jerome to death in August 2011.352 Minta said that after Jeromes
murder, Uy allegedly ordered the TDS to lie low for a month because the human rights
people are investigating.353
Role of Ombudsman
The Office of the Ombudsman is a government body tasked with investigating complaints
filed against government officers or employees and enforcing administrative, civil, and
criminal liability. Since it is formally independent of the executive branch and the armed
forces, it is in a position to effectively investigate allegations of abuse by local government
officials and security force personnel. However, it has acquired a poor record in resolving
complaints brought to its attention. 354
Based largely on Romnick Mintas testimony, some of the victims relatives, with the
prodding and help of officials of the Davao del Norte Provincial Police Office, filed
administrative cases before the Office of the Ombudsman against Uy and other officials of
the Tagum City government and the Tagum City Police Station. The sworn statement of two
other former TDS hit men were later added as evidence in the case. So far, however, the
Ombudsman has not yet concluded the results of its investigation, if any.355 No criminal
case has been filed in court against any of the perpetrators, according to police officials
familiar with the killings.
351 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
352 Refer to case of Jerome in page 25 of this report.
353 Human Rights Watch interview with Romnick Minta, Davao City, May 12, 2013.
354 Human Rights Watch, They Own the People: The Ampatuans, State-Backed Militias, and Killings in the Southern
Philippines, November 16, 2010, http://www.hrw.org/reports/2010/11/16/they-own-people-0, p.81.
355 The Ombudsman accepts complaints against public officials, including members of the police force. After investigation, it
can mete out administrative sanctions such as suspension or dismissal from service. In some cases, it recommends the filing
of criminal cases against respondents.
65
VI. Recommendations
To the President of the Philippines
Direct the Office of the Ombudsman and the National Bureau of Investigation to
conduct an investigation into summary killings in Tagum City for the purpose of
prosecuting all those involved in death squad activity. Also investigate and
prosecute as appropriate officials failing to investigate such killings.
Work with the National Bureau of Investigation in probing the alleged involvement
of Tagum City officials in the targeted killings in that city, chief among them former
mayor Rey Chiong Uy, mete out corresponding disciplinary action, and recommend
the prosecution of police officers implicated in these killings.
Investigate the formation and activities of Civil Security Units in various cities in
the Philippines and ensure that these are acting in accordance with the law.
66
Immediately remove from service, officers of the Tagum City Police Station found to
be involved in death squad activity. Evidence against implicated officers should be
filed with the National Bureau of Investigation for criminal prosecution.
Direct the PNP Internal Affairs Division to investigate the alleged participation and
complicity of police officers in targeted killings in Tagum City, including officials
who fail to rigorously investigate cases or hand them over for prosecution as
appropriate. Evidence against implicated officers should be filed with the National
Bureau of Investigation for criminal prosecution.
Educate police officers on issues affecting street children, and train them to ensure
that rights accorded to children are protected.
Make PNP operational procedures, the investigators manual, and other guidelines
setting out duties of police officers easily accessible to the public. Ensure that the
guidelines place a duty on law enforcement officers to protect the fundamental
rights of criminal suspects and the security of witnesses.
Order the National Bureau of Investigation to investigate the killings in Tagum City
and promptly act on its findings.
Institute measures for witnesses to offer testimonies safely, for example by using
video-conference testimonies, closed courtrooms, or depositions.
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Produce and disseminate information for crime victims that explains their legal
rights, such as their right to have the state pay for autopsies in alleged murder
cases and their right to be informed of the status of relevant investigations. Adopt
mechanisms to encourage the filing of complaints by those whose rights have been
infringed by law enforcement officers.
Publicly release the findings of the commissions investigation into the Davao
Death Squad.
Resolve and make public the case filed before the Office of the Ombudsman for
Mindanao against former Tagum City mayor Rey Chiong Uy and other individuals
allegedly involved in the Tagum City killings.
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Investigate the killings of children in Tagum City and provide assistance to the
families of victims of these killings.
Ensure that children in conflict with the law in Tagum City are provided the needed
assistance and intervention.
To City Mayors
Cease all support for, and actively discourage, anti-crime measures that encourage
or facilitate violations of the law.
Disband the Civil Security Unit or similar city agencies whose functions violate the
law.
Assist the NBI and PNP in their investigations of death squad activities.
Seek assistance from national police agencies into killings and other serious
crimes implicating local officials and police.
Consult with health and human rights organizations to design and implement
rehabilitative programs for drug users, including children.
Press the Philippine government to keep its pledges on human rights, the rule of
law, and good governance, by investigating alleged death squad activities
throughout the country and prosecuting all those responsible.
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Support local nongovernmental organizations that provide legal and other services
to victims of government abuses and street children, and that provide
rehabilitative programs to drug users, including children.
Offer to support external law enforcement assistance with investigations into death
squad activity.
To the US Government
The United Pacific Command in Hawaii, the United States Agency for International
Development (USAID), the Federal Bureau of Investigation (FBI), the Drug
Enforcement Agency (DEA), ICITAP, and all other US agencies that work with the
PNP should vet all police officers enrolling in US-funded programs in accordance
with the Leahy amendment to ensure that participants have not been implicated or
complicit in targeted killings or other extrajudicial killings.
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Acknowledgments
This report was edited by Phelim Kine, deputy Asia director. James Ross, legal and policy
director, provided legal review. Danielle Haas, senior editor, and Bede Sheppard, deputy
children's rights director, also reviewed the report. Shaivalini Parmar and Storm Tiv,
associates for the Asia Division, provided administrative and technical assistance. Fitzroy
Hepkins, Grace Choi and Kathy Mills provided production assistance.
We would especially like to thank the victims and their families, as well as witnesses,
government and police officials, and former TDS members who agreed to talk to us for this
report. We are indebted to the nongovernmental organizations, lawyers, activists,
members of the clergy and journalists who generously assisted us in the course of our
research and often provided comments and feedback on our work.
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