On Nov. 21 last year, they were fired upon by soldiers just as they were preparing to till a land that had just been awarded to them by the Department of Agrarian Reform. Many of them were killed and eight of those who survived the carnage were hauled off to jail and swamped with criminal charges. One of the cases was dismissed last month and, just four days before the first anniversary of what is now called the Palo Massacre, they were acquitted of another charge.
BY JOHANN HEIN B. ARPON
Bulatlat.com
PALO, Leyte – “Igpapadayon ta an una pag-uma han tuna” (We will continue to till the land). This was what Artemio Amante, the oldest among the peasants detained and accused of being members of the New People’s Army (NPA) in this town, was murmuring just after the court finished reading the decision that acquitted them of the illegal possession of firearms and ammunitions charges filed against them.
he eight farmers – Richard Margallo, Baltazar Mardo, Ferdinand Montanejos, Artemio Amante, Eulogio Pilapil, Ronilo Orcida, Arniel Dizon, and Fe Muriel Dizon-Obejas – were acquitted Nov. 17, four days before the first anniversary of what is now known as the Palo Massacre, in a decision by Judge Mario Nicolasaro of the Palo Municipal Trial Court.
The court that was packed with families of the detainees, relatives of those who died in the gruesome incident and members of the progressive organizations burst into thunderous applause after the reading of the 37-page judgment ended with the verdict of acquittal.
The detainees were all teary-eyed when the acquittal was handed down. Fe Muriel Dizon, one of the detainees who also lost a husband during the massacre, was sobbing through almost the entire reading of the judgment. Now, after almost a year, she will be finally reunited with her siblings.
“We are very grateful for this day, especially those who have extended assistance to prove our innocence on the accusations hurled against us,” she said. “We were unjustly imprisoned and had it not for them, we could still be still in jail.”
Farmers Acquitted; Soldiers in Palo Massacre Face Criminal Suit
On Nov. 21 last year, they were fired upon by soldiers just as they were preparing to till a land that had just been awarded to them by the Department of Agrarian Reform. Many of them were killed and eight of those who survived the carnage were hauled off to jail and swamped with criminal charges. One of the cases was dismissed last month and, just four days before the first anniversary of what is now called the Palo Massacre, they were acquitted of another charge.
BY JOHANN HEIN B. ARPON
Bulatlat
PALO, Leyte – “Igpapadayon ta an una pag-uma han tuna” (We will continue to till the land). This was what Artemio Amante, the oldest among the peasants detained and accused of being members of the New People’s Army (NPA) in this town, was murmuring just after the court finished reading the decision that acquitted them of the illegal possession of firearms and ammunitions charges filed against them.
Joselito Tobe, one of the farmers arrested and jailed after the Palo Massacre, died in prison under questionable circumstances
The eight farmers – Richard Margallo, Baltazar Mardo, Ferdinand Montanejos, Artemio Amante, Eulogio Pilapil, Ronilo Orcida, Arniel Dizon, and Fe Muriel Dizon-Obejas – were acquitted Nov. 17, four days before the first anniversary of what is now known as the Palo Massacre, in a decision by Judge Mario Nicolasaro of the Palo Municipal Trial Court.
The court that was packed with families of the detainees, relatives of those who died in the gruesome incident and members of the progressive organizations burst into thunderous applause after the reading of the 37-page judgment ended with the verdict of acquittal.
The detainees were all teary-eyed when the acquittal was handed down. Fe Muriel Dizon, one of the detainees who also lost a husband during the massacre, was sobbing through almost the entire reading of the judgment. Now, after almost a year, she will be finally reunited with her siblings.
“We are very grateful for this day, especially those who have extended assistance to prove our innocence on the accusations hurled against us,” she said. “We were unjustly imprisoned and had it not for them, we could still be still in jail.”
The detainees were subsequently freed from detention at the Leyte Provincial Jail as they have posted bail for the last remaining charge of illegal assembly.
“This also means that we, along with the victims are in a moral high ground to pursue the filing of counter-charges against the elements of the 19th Infantry Battalion of the Philippine who perpetrated the mass killing,” said Alex G. Lagunzad, secretary-general of Katungod-Sinirangan Bisayas, the Eastern Visayas chapter of Karapatan (Alliance for the Advancement of People’s Rights), in a statement.
“We are still to dig into the circumstances of the death of Joselito Tobe who died in prison at the Kauswagan Provincial Jail as there could have been possibility of a foul play,” he further said. Tobe along with two other accused received death threats while in detention.
“Ginlalauman namon nga makasuhan, mapapagbaton, ngan mapatukan han kaangayan nga sirot an mga kasundaluhan nga magmasaker han mga inosente nga mga parag-uma (We are expecting that the soldiers be brought to the bars of justice, charged, made to answer and convicted for their brutal massacre of innocent farmers), he added.
Farmers Acquitted; Soldiers in Palo Massacre Face Criminal Suit
On Nov. 21 last year, they were fired upon by soldiers just as they were preparing to till a land that had just been awarded to them by the Department of Agrarian Reform. Many of them were killed and eight of those who survived the carnage were hauled off to jail and swamped with criminal charges. One of the cases was dismissed last month and, just four days before the first anniversary of what is now called the Palo Massacre, they were acquitted of another charge.
BY JOHANN HEIN B. ARPON
Bulatlat
PALO, Leyte – “Igpapadayon ta an una pag-uma han tuna” (We will continue to till the land). This was what Artemio Amante, the oldest among the peasants detained and accused of being members of the New People’s Army (NPA) in this town, was murmuring just after the court finished reading the decision that acquitted them of the illegal possession of firearms and ammunitions charges filed against them.
Joselito Tobe, one of the farmers arrested and jailed after the Palo Massacre, died in prison under questionable circumstances
The eight farmers – Richard Margallo, Baltazar Mardo, Ferdinand Montanejos, Artemio Amante, Eulogio Pilapil, Ronilo Orcida, Arniel Dizon, and Fe Muriel Dizon-Obejas – were acquitted Nov. 17, four days before the first anniversary of what is now known as the Palo Massacre, in a decision by Judge Mario Nicolasaro of the Palo Municipal Trial Court.
The court that was packed with families of the detainees, relatives of those who died in the gruesome incident and members of the progressive organizations burst into thunderous applause after the reading of the 37-page judgment ended with the verdict of acquittal.
The detainees were all teary-eyed when the acquittal was handed down. Fe Muriel Dizon, one of the detainees who also lost a husband during the massacre, was sobbing through almost the entire reading of the judgment. Now, after almost a year, she will be finally reunited with her siblings.
“We are very grateful for this day, especially those who have extended assistance to prove our innocence on the accusations hurled against us,” she said. “We were unjustly imprisoned and had it not for them, we could still be still in jail.”
The detainees were subsequently freed from detention at the Leyte Provincial Jail as they have posted bail for the last remaining charge of illegal assembly.
“This also means that we, along with the victims are in a moral high ground to pursue the filing of counter-charges against the elements of the 19th Infantry Battalion of the Philippine who perpetrated the mass killing,” said Alex G. Lagunzad, secretary-general of Katungod-Sinirangan Bisayas, the Eastern Visayas chapter of Karapatan (Alliance for the Advancement of People’s Rights), in a statement.
“We are still to dig into the circumstances of the death of Joselito Tobe who died in prison at the Kauswagan Provincial Jail as there could have been possibility of a foul play,” he further said. Tobe along with two other accused received death threats while in detention.
“Ginlalauman namon nga makasuhan, mapapagbaton, ngan mapatukan han kaangayan nga sirot an mga kasundaluhan nga magmasaker han mga inosente nga mga parag-uma (We are expecting that the soldiers be brought to the bars of justice, charged, made to answer and convicted for their brutal massacre of innocent farmers), he added.
Tabang Palo (Help Palo), an organization formed to help the victims and their families, expressed thanks to the Legal Aid Program of the Integrated Bar of the Philippines (IBP)-Leyte Chapter headed by lawyers Eli Laboga and Alberto Hidalgo who offered their services as defense counsels. Present during the hearings as representatives of the IBP were lawyers Federico Triste and Claro Robert Morante.
Salient notes
Lawyers and observers were confident that the decision was an indication of culpability on the part of the military and would further strengthen the case that will be filed against them. Among the points raised by the presiding judge was on the number of revolvers recovered by the operating troops who, in their testimonies, were contradicting each other prompting the judge to say, “The shadow of doubt lingers.” This was further magnified when 1Lt. Eddie Abolencia who also testified “failed to identify in open court the gun recovered and delivered to him,” the judge said.
“(The) search on the records show that the prosecution failed to establish the ownership or possession of any of the guns by the accused,” Nicolasara also said.
Marivic Macawile of the Kalipunan ng Damayang Mahihirap (Kadamay or Association of Urban Poor Organizations) in this municipality, was one of those who survived in the massacre and was first detained but later was used as a witness for the prosecution. She claimed beingg an NPA member and was the lone witness who testified about the possessors of the revolver. But her testimony, the judge said, “further eroded the decrepit case of the prosecution…the evidence of the prosecution against the accused is not only weak, it even supplied the evidence necessary for their acquittal because Marivic Macawile did not name the accused as the persons who possess the five (5) .38 caliber revolvers.”
It turned out that the judge no longer had to dwell on the testimony of the accused because the “the evidence of the prosecution to support the conviction of the accused is weak.”
Counter-charges to be filed
On Nov. 21, in time for the first anniversary of the massacre, the victims together with their families and relatives will file multiple murder, multiple frustrated murder, and robbery against elements of the 19th Infantry Battalion including Maj. Louie Dagoy, commanding officer of the military unit, and civilians involved in the massacre. Administrative charges will also be filed. The IBP-Leyte Chapter’s Legal Aid Program will handle the case together with the government prosecutor.
Then on Nov. 22, Tabang Palo will hold a solidarity visit to Brgy. San Agustin, Palo, Leyte where the massacre happened and there, a concelebrated mass will be held to be followed by a short program.
Meanwhile, Lagunzad appealed to the public for more help especially since, he said, the quest for justice is not over yet.
The Palo Massacre
On Nov. 21 last year, a platoon from the Philippine Army’s 19th Infantry Battalion under Lt. Adrian Benedicto attacked a group of farmers who were planning to do a “balik-uma” (re-cultivating the land) on a land awarded to them by the Department of Agrarian Reform (DAR). The peasants who were fired upon were mostly members of DAR-accredited San Agustin Farmers-Beneficiaries Cooperative (or SAFABENCO), Alang-alang Small Farmers Association (ASFA) and Bayan Muna (People First).
In their testimony, the soldiers said they responded to a text message they received on the alleged presence of armed men at Brgy. San Agustin, Palo, Leyte. The carnage left 9 people dead including the child in the womb of Alma Bartolini who was 7 months old pregnant at that time. Many others were also wounded and were admitted to the hospital while eight peasants were detained including Joselito Tobe, secretary-general of the Concerned Citizens for Justice & Peace (CCJP) and Bayan Muna coordinator, who later died in prison under questionable circumstances.
In the subsequent events, three criminal cases were filed against the arrested peasants, two of which were filed at the Regional Trial Court, namely, illegal possession of high-powered firearms and ammunitions and illegal assembly. Another case was filed at the Municipal Trial Court of Palo, Leyte for the illegal possession of low-powered firearms and ammunitions.
The illegal possession of high-powered firearms case filed at the RTC was dismissed last Oct. 3, 2006. The case for illegal assembly is still being studied for merit, said Triste. (Bulatlat.com)
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