Extrajudicial Executions and Forced Disappearances of Economic, Social and Cultural Rights

Activists

Threats and attacks, including killings, against left-wing political activists, environmental
activists, community leaders, Indigenous peoples’ leaders, journalists, lawyers, and others rose in
the past year. The government harassed journalists and media companies, including through
politically motivated prosecutions and other legal action; a court convicted journalist Maria
Ressa of cyber libel in June, while the government shut down the country’ largest television
network the following month.

What is the meaning of extrajudicial executions?

Extrajudicial executions are a violation of this right, designating the deliberate killing of

an individual by a State agent (or with their consent) without a previous judgment affording all
judicial guarantees, such as a fair and unbiased procedure. Meaning extrajudicial executions or
killings are those “executions or deaths caused intentionally by the attacks or killings by State
security forces or paramilitary groups, death squads or other private forces cooperating with the
State or tolerated by it.”

The OHCHR or the Office of the High Commissioner for Human Rights defines
extrajudicial, summary or arbitrary executions as the “deprivation of life without full judicial and
legal process, and with the involvement, complicity, tolerance or acquiescence of the
Government or its agents.” The terms also include “death through the excessive use of force by
police or security forces.”

In the Philippines, the term “extrajudicial killings” does not have a clear definition. In
Secretary v. Manalo, the Supreme Court, citing the Rule on the Writ of Amparo, opined that
extralegal killings are “killings committed without due process of law, i.e., without legal
safeguards or judicial proceedings.”13 However, the latter case of Razon Jr. v. Tagitis revealed
that the drafters of Amparo rule decided to “do away with [the] clear textual definition of
[extrajudicial killings].”14 Despite this, the Court recognized in Razon, Jr. that “extrajudicial
killings and enforced disappearances, by their nature and purpose, constitute State or private
party violation of the constitutional rights of individuals to life, liberty and security.”

In 2013, Administrative Order No. 35 provided a rather restrictive definition of

extrajudicial or extra-legal killings wherein the victim was;

(i) A member of, or affiliated with an organization, to include political,

environmental, agrarian, labor, or similar causes;

(ii) An advocate of above-named causes;

 (iii) A media practitioner

(iv) A Person apparently mistaken or identified to be so.

It is further stated that the victim was targeted by either State or non-State agents by
reason of actual of perceived membership, advocacy, or profession, and that the circumstances of
the killing reveal a deliberate intent to kill.

A forced disappearance (or enforced disappearance) is the secret abduction or

imprisonment of a person by a state or political organization, or by a third party with the
authorization, support, or acquiescence of a state or political organization, followed by a refusal
to acknowledge the person's fate and whereabouts, with the intent of placing the victim outside
the protection of the law.[1]

According to the Rome Statute of the International Criminal Court, which came into
force on 1 July 2002, when committed as part of a widespread or systematic attack directed at
any civilian population, a "forced disappearance" qualifies as a crime against humanity, not
subject to a statute of limitations, in international criminal law. On 20 December 2006,
the United Nations General Assembly adopted the International Convention for the Protection of
All Persons from Enforced Disappearance.

Often, forced disappearance implies murder: a victim is abducted, may be

illegally detained and often tortured during interrogation, ultimately killed, and their body
disposed of secretly. The party committing the murder has plausible deniability, as there is no
evidence of the victim's death. In enforced disappearance cases states are obliged under
international human rights law to return the remains of the forcibly disappeared persons to their
families.

Extrajudicial killings and forced disappearances in the Philippines are

illegal executions – unlawful or felonious killings – and forced disappearances in the Philippines.
These are forms of extrajudicial punishment, and include extrajudicial executions, summary
executions, arbitrary arrest and detentions, and failed prosecutions.

Summary execution .A summary execution is an execution in which a person is accused

of a crime and immediately killed without the benefit of a full and fair trial. Extrajudicial killings
are most commonly referred to as "salvaging" in Philippine English. The word is believed to be a
direct Anglicization of Tagalog salbahe ("cruel", "barbaric"), from Spanish salvaje ("wild",
"savage").[

Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a
case in which there is no likelihood or evidence that they committed a crime against legal statute,
or in which there has been no proper due process of law or order.
 This is due to political activities of leading political, trade union members, dissident
and/or social figures, left-wing political parties, non-governmental organizations, political
journalists, outspoken clergy, anti-mining activists, agricultural reform activists, members of
organizations that are alleged as allied or legal fronts of the communist movement (such as the
"Bayan group") or claimed supporters of the NPA and its political wing, the Communist Party of
the Philippines (CPP).

Victims of Extrajudicial Executions and Forced Disappearances in the Philippines

HACIENDA LUISITA CASE

This legal battle has spanned over several decades. Here is a brief summary of Hacienda
Luisita case from the time the Cojuangco acquired ownership from the Tabacalera.

Hacienda Luisita Massacre

The main issue about this field of land revolves around its ownership. The Cojuangcos got
ownership of the property, on condition that they would subdivide it among the tenants. In this case, the
tenants were the farmers. Later, the promised Hacienda Luisita land distribution never took place. The
Cojuangcos managed to change several clauses in the agreement to help them retain control of the land up
until 2012.

The Massacre

This massacre is one of the dark days in the history of the place. It started with a protest by
farmers and union members on November 16, 2004. They were protesting against the mass retrenchment
of farmworkers.

How many dead in Hacienda Luisita?

In the incident, 14 farm workers were killed and hundreds of others were injured when
government forces opened fire on them in front of the gates of the Central Azucarera de Tarlac.
“More than 100 persons died there along the way in [the] implementation of the land reform.

In a violent strike dispersal in Hacienda Luisita last November 16, 2004, 14 people were
killed, including two children aged 2 and 5 years old who died from suffocation from teargas
lobbed by the police and army dispersal teams. One of the victims was allegedly strangled after
being shot and his dead body hanged in the factory’s gate. At least 35 people were reported to
have sustained gunshot wounds, 133 were arrested and detained, hundreds were wounded and
another hundred still missing. The carnage is a gruesome reminder of the infamous Mendiola
Massacre and Lupao Massacre, which also arose from the peasants demand to own their land.

Nine (9) of those killed in what is now called as the Hacienda Luisita Massacre were
identified as Jun David, Adriano Caballero, Jhaivie Basilio, Jesus Laza, Jaime Pastidio, Juancho
Sanchez, Neng Balete, Boy Versola and Jessie Valdez. Of the 133 arrested, 117 were detained at
Camp Macabulos in Tarlac while 16 people were detained at the Criminal Investigation and
Detection Group (CIDG) - Tarlac. Majority of those arrested were released only yesterday.

The melee erupted at around 3:20 p.m., after the dispersal team of the Tarlac police under
the command of Chief Supt. Quirino dela Torre and with the support of the Northern Luzon
Command (Nolcom) forcibly broke the workers’ picketline in front of Hacienda Luisita. The
police said they merely followed the order of Labor Secretary Patricia Sto. Tomas who deputized
the Nolcom in enforcing at all means the Assumption of Jurisdiction (AJ) issued by the
Department of Labor and Employment (D0LE). The DOLE order calls for a return-to-work order
and a free ingress-egress. It deputized the Tarlac police to implement the order.

As if in a war zone, three (3) armored personnel carrier (APC), several fire trucks and 10
military trucks were stationed in the area to allegedly assist the police in enforcing the AJ.
Elements of the 69th and 703rd Infantry Battalion of the Philippine Army were also deployed in
the area. Combined elements of hundreds of military and police forces with high-powered
firearms attacked the picketing workers and thousands of its supporters. As the APC rammed
into the workers’ barricade, the military and police repeatedly used water cannons, high-powered
rifles, truncheons and teargas to disperse the strikers and their supporters and to eventually open
the factory gates.

What are the rights violated in Hacienda Luisita?

Luisita over the years has been about horrific stories of massacre, extra-judicial killing, enforced
disappearance, torture, sexual abuse, violence against women and children, violation of domicile,
forced eviction, threat, harassment, intimidation, unlawful arrest and detention.

BLOODY SUNDAY!

The March 7,2021 “Bloody Sunday” was a big day of loss for activists in the Philippines.

Within hours, the police and military served a total of 24 search warrants in the Calabarzon
region, leading to 9 deaths and 6 arrests. It was one of the deadliest days for activists in recent
history, set against the backdrop of the Duterte administration’s crack down on the Communist
Party of the Philippines and groups linked to it. As of Monday afternoon, March 8 – a day after
the raids – the police have yet to name the fatalities in their raiding spree, force activists to check
among their ranks who law enforcers targeted. Each of them held advocacies that challenged the
powers that be, from labor organizing to farmers’ rights to climate justice – all the way to their
brutal end.

Emmanuel "Manny" Asuncion

Mass organizer Emmanuel "Manny" Asuncion was shot dead by policemen in the office of the
Workers' Assistance Center (WAC) in Dasmariñas, Cavite, despite the search warrant issued was
for his home in Rosario, another town in the province. Asuncion was a known labor and multi-
sectoral leader in Cavite, the Philippines. He was the coordinator of Bagong Alyansang
Makabayan (BAYAN-Cavite). As the spokesperson of BAYAN-Cavite, Asuncion was in charge
of all information related to development aggression or reportage of human rights violations in
the province. He had also advocated for minimum wages to meet the increasing cost of living
while fighting for workers’ rights as part of the Solidarity of Cavite Workers.

4 Housing Rights Activists is also being Slain!

Mark Lee Bacasno, known to many as “Makmak”, is one of the killed activists. He was a
member of San Isidro Kasiglahan, Kapatiran at Damayan para sa Kabuhayan, Katarungan at
Kapayapaan (SIKKAD-K3), a legal organization that advocates for housing rights in Kasiglahan
Village, Rodriguez, Rizal. SIKKAD-K3 also opposes the quarrying activities in Rizal province.
His family is questioning how authorities came to the assumption that Makmak had weapons on
him, when he was only a contractual worker. “Papaano po mangyayari sinabi nila may baril.
‘Yun nga po kami nagtataka,” his uncle said. Makmak’s family was forced to go out of where
they were, and that was when they heard three gunshots.

Abner and Edward Esto are brothers who were members of the San Isidro Kasiglahan, Kapatiran
at Damayan para sa Kabuhayan, Katarungan at Kapayapaan (SIKKAD-K3). SIKKAD-K3 is an
organization that advocates for housing rights in Kasiglahan Village, Rodriguez, Rizal, which
was red-tagged by the National Task Force to End Local Communist Armed Conflict (NTF-
ELCAC). The Esto brothers were the 8th and 9th victims.

Michael “Greg” Dasigao was the president of SIKKAD-K3 before he was killed by police
forces. With his affiliation with the organization, Greg was able to assist poor communities and
farmers who opposed quarrying activities in the province. He was also a marshal officer for
Kasiglahan Village, which meant he would help out in relief operations in the area during
calamities. Greg also joined the Serve The People Brigade-UPLB, a student organization in the
University of the Philippines Los Baños, this year when they helped distribute relief goods for
farmers and scavengers in Rodriguez, Rizal.

Chai and Ariel Evangelista

They were fisherfolk and members of the Ugnayan ng Mamamayan Laban sa Pagwawasak ng
Kalikasan at Kalupaan (UMALPAS KA) in Nasugbu, Batangas. UMALPAS KA is an
organization that actively opposes mining, land-grabbing, and climate change. The Evangelistas
were in a hut near the shore in Barangay Calayo on Sunday, when police barged in and raided
them. They are survived by their 10-year-old child.
Killed Journalist!

Recently!

Last December 9,2021 a journalist who helped in the Pulitzer Prize-winning Reuters news
agency investigation into the drug war of President Rodrigo Duterte, has been shot dead — the
latest casualty in the continuing violence against people working in the media in the Philippines.
According to statement by the Philippine National Police headquarters on Thursday, Jesus “Jess”
Malabanan was shot in the head on Wednesday evening while watching television inside his
store in Calbayog, a city on the central island of Samar. Earlier, police in Calbayog were quoted
as saying that the victim was killed inside his home.The police report also said two unidentified
assailants carried out the attack. They have not been arrested. Malabanan was rushed to a private
hospital in the city but was declared dead on arrival. Before Malabanan’s killing, data compiled
by the National Union of Journalists in the Philippines (NUJP) showed that at least 21 journalists
had been killed in the country since Duterte took over as president in June 2016.

And these are the following data and this is from the report of UNESCO!

Dondon Dinoy was a reporter for the online news site Newsline Philippines and host of a
blocktime program at Energy FM in Digos City. An unidentified gunman shot dead him inside
his apartment in Bansalan, Davao del Sur, on Saturday night, October 30. Dinoy is a
Dabawenyo, was a reporter for the online news site Newsline Philippines and host of a blocktime
program at Energy FM radio station in Digos City, according to the National Union of
Journalists of the Philippines (NUJP). He was also a former correspondent of Sunstar
Superbalita-Davao and the Philippine Daily Inquirer.  He covered local news, especially
development issues and crime, according to a statement issued by Newsline Philippines editor
Editha Z. Caduaya.

Dennis Denora (c. 1951 – 7 June 2018) was a Filipino journalist and publisher best known for
his weekly publication Trends and Times. He lived in Davao del Norte,  Philippines, where he
wrote about the history, events, and issues of the province. On June 7, 2018 Denora was
murdered by two motorcyclists while stuck in traffic with his driver Mayonito Revira. On
January 23, 2019, the Panabo City prosecutor’s office charged a man identified as Richard Posas
Bolastig and unidentified coconspirators with murder at the Davao del Norte Regional Trial
Court Branch 11, according to information compiled by the presidential task force and shared
with CPJ. The task force information identifies Denora’s killing as related to his work as a
journalist.
Rubylita Garcia, 52, a reporter for Remate and a block timer of dwAD radio station in Cavite,
was shot dead inside her home by unidentified men in Bacoor City, Cavite, on Sunday, April 6.
She was the first female journalist to be killed in the country in 2014 and the 22nd media
practioner to be killed under the administration of President Benigno Aquino III. Reports said
unidentified men barged into her home in Barangay Talaba at around 10:15 am Sunday and shot
her in full view of her son and 10-year-old granddaughter.

Police officer behind the killing?

Police Superintendent Conrado Villanueva, the chief of police of Tanza town, has been
temporarily relieved from his position after allegedly being implicated in the incident by Garcia
herself before she died. Remate reported Sunday that before Garcia passed on, she told her
children that Villanueva ordered the killing. Esquivel has ordered the administrative relief of
Villanueva pending the investigation, the PNP said in a statement. Cavite Deputy Provincial
Director Police Superintendent Joseph Javier was appointed as his temporary replacement.

Conclusion!

There were numerous reports that government security agencies and their informal allies
committed arbitrary or unlawful killings, forced disappearances of an individual’s such as
killings of activists, judicial officials, local government leaders, and journalists by anti-
government insurgents and unknown assailants also continued. And yung mga nadiscuss ko
kanina are just some of the hundreds of the victims of the extrajudicial executions.