Urgent Appeal Frank Labial Case

The Task Force Detainees of the Philippines (TFDP) writes to inform you that the case of Franklin Labial a victim of extra-judicial killing in Don Carlos, Bukidnon last August 10, 2007 is still struggling to attain justice. The victim was the president of the Don Carlos Bukidnon United Farmers Association, Inc. (DCBUFAI).

For over 10 years of struggle, members of the Don Carlos Bukidnon United Farmers Association, Inc. (DCBUFAI), as actual tillers and occupants of a certain agrarian reform area in Don Carlos, Bukidnon, Philippines, have not yet secured their tenural agreement under the Comprehensive Agrarian Reform Program of the government implemented by the Department of Agrarian Reform.

CASE DETAILS:

A peasant leader and acting President of Makabayan-Pilipinas Bukidnon chapter was gunned down by the unknown assailants in front of his house in Don Carlos, Bukidnon, on August 10, 2007 at 5:30 in the evening.

The victim was Franklin Labial, 59 years old, married and a resident of Purok 4, Gomez St., North Don Carlos Bukidnon.

Labial was shot in front of his house and died on the spot. He sustained a lone gunshot wound in the lower back portion of his head (intra-cranial injury). The bullet was still inside his head. According to witnesses, the perpetrators were riding a color red motorcycle and already tailing the victim when he was still in the market place buying food for dinner. The perpetrators fled immediately to unknown direction.

According to his wife, she was inside their house when the incident happened. She did not hear the gun fire as she was attending to a baby crying. When her niece, the mother of the baby arrived, she was only told that his husband was already lying in front of their house dead.

The day before he was killed, Labial went to the office of Southern Fruits Products, Inc and Davao Venture Corporation (SFPI-DAVCO), a sister company owned by the Floriendo family (a prominent farm developers in Davao City). DAVCO has a lease agreement over the land Labial and his group is applying for tenural agreement. Labial confronted the manager to stop the clearing in their claimed areas. As reported, about 20 hectares will be subjected to land clearing and would be acquired by the said company.

He also spoke the Secretary of the Department of Agrarian Reform (DAR) at past 5:00 o’clock in the evening. He was in the market place and buying food for his family and then he hurried home.

According to the interview, he already received text messages of death threats the day after the inter-agency consultation was held in Don Carlos gymnasium on July 13, 2007.

During the consultation, he questioned the implementation of the Comprehensive Agrarian Reform Program (CARP) and contracts of the SFPI-DAVCO. He cited the destruction of crops and houses of the farmers who refused to enter into lease agreement with SFPI-DAVCO. He accused the company of using a backhoe to clear the land already planted in crops, fruit trees and coconut trees by the framers and in tearing down their houses in some areas. He also condemned the killings that happened in the area against the farmer’s and an indigenous person’s struggling for their right to own a piece of land.

Reportedly, DAVCO under the lease-agreement already appropriated some 800 hectares of the total 2,900 hectares claimed by the agrarian reform beneficiaries are the indigenous peoples who are actual tillers and or occupants.

Labial is the president of Don Carlos Bukidnon United Farmers Association, Inc. (DCBUFAI). As agrarian reform beneficiaries, Labial and his group of farmers claim some 100-hectare parcel of the 2,900-hecatre of the Construction Development Corporation of the Philippines (CDCP) owned by Rodolfo Cuenca and Danding Cojuangco (both known as cronies of the late dictator, Ferdinand Marcos). In 1989, CDCP was among the sequestered landed estates under the CARL to be distributed to farmers. As a sequestered property, CDCP was later renamed as Bukidnon Farms Inc. (BFI). BFI is consists of three (3) big land titles covering the municipalities of Don Carlos and Maramag in the province of Bukidnon. The Department of Agrarian Reform (DAR) granted them 109 hectares, but it was found out that there are only 60 hectares remained since the intrusion of DAVCO in 2005.

Labial was also his organization’s representative to the newly-formed Task Force ARAD. TF-ARAD is formed only last July 13, 2007 among concerned government agencies, NGOs and affected People’s Organizations concerning dispute over the contested Carpable Cojuangco estate. He was also the vice-chairperson of the Makabayan Pilipinas, Bukidnon Chapter (Makabayang Alyansa ng mga Magbubukid ng Pilipinas, Inc). He was also the provincial chairperson of Sanlakas-Bukidnon and also the Secretary General of the Coaltion of Actual Tiller and CLOA Holders in Bukidnon Farms, Inc (CATCH-BFI).

REQUESTED ACTION:

Please send letters to the concerned government agencies to continue its investigation on the case to bring perpetrators to justice and to the Department of Agrarian Reform (DAR) to approve the petition of the DCBUFAI members for inclusion as AR beneficiaries in the areas they are presently occupying and tilling.





PROLONGED DETENTION; RIGHT OF LIBERTY

Dear friends,
Task Force Detainees of the Philippines (TFDP), writes to inform you about a serious development in the case of Pegie Bouquecosa, a political detainee, presently detained in Provincial Jail, Alabel, Sarangani Province, island of Mindanao, Philippines. He was detained for more than six (6) years without trial.

TFDP, has issued a previous appeal on 22 April 2005, with a serious contention about the negligence of the prosecutor in filing a case against a political detainee who was detained since September 2002. Urgent Action - 66-2005.

DETAILED INFORMATION:

Name of victim: Pegie Boquecosa, 27 years old, suspected of being member of the New People's Army (NPA), presently detained in Provincial Jail, Alabel, Sarangani Province, Mindanao, Philippines.

Place/date of arrest: Barangay Colon, Maasim, Sarangani Province, arrested on 11 September 2002.

Prosecutor handling the case: Hon. Faisal Amerkhan, Provincial Prosecutor

Handling Judge: Hon. Jaime I. Infante

Case status: six (6) years without undergoing trial, because of postponements due to lack of material time and absence of prosecution witness during scheduled hearings.

Case Details:

Pegie Boquecosa (27), an alleged member of the New People's Army (NPA), was arrested by joint Police and military forces, composed of the 7th Special Forces, Philippine Army, Sarangani Provincial Mobile Group and Police Regional Office 12 in barangay Colon, Maasim, Sarangani Province on 11 September 2002.

Boquecosa was arrested for charges of Robbery with Violence, Robbery, Multiple Frustrated Murder and Triple Murder, which was related to his alleged involvement with the revolutionary group. The complaint was filed before the Municipal Trial Court (MTC) in Maasim, Sarangani. Boquecosa's case was forwarded to the office of the Provincial Prosecutor in Alabel, Sarangani and was assigned to Prosecutor Alfredo Boquecosa Jr.

The Rules of Court, Rule 112, section 3 (f) states that a prosecutor must resolve the case within ten (10) days after preliminary investigation is completed. However, Prosecutor Barcelona did not resolve the complaint for several months despite the completion of preliminary investigation.

Task Force Detainees of the Philippines (TFDP), conducted follow-up and repeatedly visited Fiscal Barcelona's office urging him to speed up the case but he simply ignored it. On 30 July 2003, TFDP was told that Fiscal Barcelona was in the process of working in the case. However, when TFDP followed-up the case six (6) months later, they have found out that Boquecosa's case was still pending at the prosecutor's office. The Prosecutor's office told TFDP staff that the delay of the resolution was due to the prosecutor's heavy caseloads and lack of staff.

TFDP then reported the delay and the failure of Prosecutor Barcelona to resolve Boquecosa's case to Hon. Jovencito Zuno, Chief State Prosecutor of the Department of Justice (DOJ) in Manila. On 6 May 2004, Hon. Zuno sent a letter to Prosecutor Barcelona, ordering him to take action and resolve Boquecosa's case within ten (10) days. However, even after ten (10) days no action was taken to dispose the case in violation of Chief State Prosecutor's order.

In July 2004, TFDP sent another letter to Chief State Prosecutor Zuno regarding Fiscal Barcelona's failure to comply with his order to dispose Boquecosa's case. Similar letters were sent to President Gloria Arroyo and Ms. Teresita Quintos Deles, Presidential adviser on the Peace Process.

On 23 August 2004, Hon. Miguel Gudio Jr., Assistant Chief Prosecutor, sent another letter to Prosecutor Barcelona attaching the letter of TFDP for appropriate action within ten (10) days.

However, Prosecutor Barcelona failed to comply with his letter. TFDP then, filed a complaint against Prosecutor Barcelona for failure to resolve the case of Boquecosa at the office of the State Prosecutor, Department of Justice, no action was taken by the Dept. of Justice instead Fiscal was transferred for new assignment.

On 20 September 2005, the new Officer-in-Charge of the Prosecution office, Fiscal Ringcar B. Pinote, issued a joint order, for resolution of the cases of Boquecosa in compliance of the 1st endorsement dated August 17,2005 by Honorable Raul M. Gonzales, Secretary of Justice, directing him to resolve the case within five (5) days from receipt without further delay.

On 10 October 2005, four (4) separate cases were filed at the Regional Trial court (RTC) branch 38 of Alabel, Sarangani Province. Criminal case # 1934-05 for Frustrated Murder, criminal case # 1935-05 for Frustrated Murder, criminal case # 1936-05 for Frustrated Murder and criminal case # 1937-05 for Robbery with Violence against and/or intimidation of persons. The handling Judge is Hon. Jaime I. Infante.
Pegie Boquecosa was finally arraigned on January 10,2006. On 14 March 2006 hearing was postponed due to non-availability of Judges and court personnel they had seminar.
On July 4,2006 hearing was again postponed for lack of material time. Several hearings were postponed due to lack of material time, although the prosecution witness was present (April 19,2007 and August 16,2007).

On March 8,2008, a preliminary conference for frustrated Murder was held. The delay of the trial was due to the arrest of the new accused of the case. On August 13,2008, August 27,2008 hearings were postponed due to the absence of prosecution witness. The defense lawyer Atty. Cyril Yap reiterated that if next hearing the prosecution witness will not appear in court he will file motion for the dismissal of the case.

On September 17,2008, hearing was again postponed due to the absence of Judge and Prosecutor, they had a seminar. Hearing is again set on November 17,2008.
For the meantime, Boquecosa has been detained in Provincial jail, Alabel, Sarangani Province, Mindanao, Philippines for six (6) years without trial.

SUGGESTION ACTION:

Please send letter, fax or email to the concerned government agencies addresses below and urge them to take action for speedy trial of Boquecosa's case.

Please write also the Supreme Court of the Philippines, Hon. Renato Puno , Supreme Court Justice to order Judge Jaime I. Infante, of Regional Trial Court, branch 38, urging him to take speedy trial under their “Justice on Wheels program”.

SAMPLE LETTER

Dear _________,

Re: Philippines: PROLONGED DETENTION, DEPRIVATION OF LIBERTY, detained for six (6) years without trial.

Name of victim: Pegie Boquecosa (27), suspected of being a member of a revolutionary group, New People's Army, presently detained at Provincial Jail, Alabel, Sarangani Province, Mindanao, Philippines.

Place/Date of arrest: barangay Colon, Maasim, Sarangani on 11 september 2002.
Judge handling the case: Hon. Jaime I. Infante, Regional Trial Court, branch 38, Alabel, Sarangani Province.

Case status: Detained for more than six (6) years without trial

I am deeply concerned by the prolonged detention of Pegie Boquecosa (27), since his arrest on 11 September 2002. He is currently detained at Provincial Jail, Alabel, Sarangani Province, Mindanao, Philippines. He was arrested for charges relating to his alleged involvement with the revolutionary group, New People's Army (NPA).

According to the information I received, the formal charges against the victim was only filed on October 2005. Four (4) separate cases were filed at the Regional Trial court (RTC) branch 38 of Alabel, Sarangani Province. Criminal case # 1934-05 for Frustrated Murder, criminal case # 1935-05 for Frustrated Murder, criminal case # 1936-05 for Frustrated Murder and criminal case # 1937-05 for Robbery with Violence against and/or intimidation of persons. The handling Judge is Hon. Jaime I. Infante.
He was finally arraigned on January 10, 2006. On 14 March 2006 hearing was postponed due to non-availability of Judges and court personnel they had seminar.

Several scheduled hearings were postponed due to lack of material time, absence of prosecution witness or non-availability of the Judge. The arrest also of his co-accused in the case contributed to the delay of the trial.

For six (6) years prolonged detention without trial violated the right of Boquecosa for the speedy disposition of his case and his constitutional right for speedy trial.
Under the circumstances, I strongly urge the Supreme Court of the Philippines, Hon. Renato Puno to issue a directive to Hon. Judge Jaime Infante, for speedy trial under his program “Justice on Wheels”.

I trust that you will take immediate action on this case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Ms. Gloria Macapagal-Arroyo
President
Malacanang Palace,
JP Laurel St., San Miguel
Manila
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80
Email: corres@op.gov.ph

2. Hon. Presbitero Velasco, Jr.
Court Administrator
3rd Floor, new Supreme Court of the Philippines
Annex, Padre faura St., Ermita, 1000 Manila
email: pio@supremecourt.gov.ph

3. Mr. Leandro Despouy
Special Rapporteur on the independence of Judges and Lawyers
Attn. Sonia Cronin
Room 3-060
OHCHR-UNOG
1211 Geneva 10
Switzerland
Fax: +41 22 917 9066 (attn: Special Rapporteur on the Independence of
Judges & lawyers)
email: scronin@ohchr.org