HUMAN RIGHTS WATCH

Convict Names Three Other Killers
For HR worker’s slay 12 years ago
Baguio court issues arrest warrants for 3 CAFGUs

Typical of how the pace of justice grinds slowly, the case of the killing of a human rights worker in this province 12 years ago remains unsolved. A woman judge whose court has taken over the case has an order that human rights watchdogs hope should seal the case once and for all.

By Arthur L. Allad-iw
Northern Dispatch
Posted by Bulatlat

BONTOC, Mountain Province – Typical of how the pace of justice grinds slowly, the case of the killing of a human rights worker in this province 12 years ago remains unsolved. A woman judge whose court has taken over the case has an order that human rights watchdogs hope should seal the case once and for all.

Judge Iluminada Cabato-Cortes of Branch 59 of the Regional Trial Court (RTC) of Baguio City issued a second warrant of arrest Aug. 18 on three members of the Citizens Armed Forces Geographical Unit (CAFGU) in connection with the killing Christopher Batan, a volunteer of the Task Force Detainees of the Philippines (TFDP), in 1993.

The first warrant of arrest was issued July 5 but no arrests were made.

The arrest warrants named Mateo Fanao, Kengeb Fayno, and Panyong Rongan, who sources said are active CAFGU members in Betwagan town and have been freely roaming since the killing. The three belong to the Betwagan tribe of Sadanga town in Mountain Province.

Two of their co-accused are in jail.

Copies of Judge Cabato-Cortes’ arrest order were sent to the Philippine National Police (PNP) station commander of Sadanga town, the regional Criminal Investigation and Detection Group (CIDG), and the National Bureau of Investigation (NBI).  

Northern Dispatch sources say that the three accused are under the command of 1^st Lt. Julio Sakupaso, commander of the Alpha Company, 77^th IB based in the capital town of this province.

Since the arrest of the three was not carried out based on the first warrant, the second warrant issued on Aug. 18 directed 1^st Lt. Sakupaso to immediately arrest the three.

Documents obtained by NORDIS show that the three had remained unidentified when the murder case was filed against the CAFGU perpetrators. It was only when a second culprit was arrested and jailed that the three were identified.

The murder

Court documents show that on Feb. 23, 1993, a CAFGU team fired at Batan, Anglican priest Eduardo Solang, and Mila Fanaang, who were on their way to Betwagan after crossing the Chico River. Batan was hit first on the hip but a second close-range shot caused his instant death. 

Batan’s companions who were unhurt ran for safety and later called for help to bring Batan’s body home.

The three were in the area to document for a class suit human rights violations committed during the Marcos period.

A case was later filed in Bontoc against the two identified perpetrators and the three John Does. Due to the severance of the relationship of Batan’s Lias tribe of Barlig and the Betwagan, the Batan family petitioned the Supreme Court, through their lawyers, that the case be transferred to Baguio City so as not to frustrate justice. The high court granted the petition.

Agustin Agpawan was the first accused to be arrested. He was convicted by the court as among the principals for the conspiracy to murder Batan. He appealed to the higher court, which affirmed the decision of Branch 59.

Ten years after the murder, another accused Bonifacio Chumacog was arrested and on June 29, 2004, pleaded guilty to the murder charge. The court sentenced him with reclusion perpetua or life sentence.

Trio identities revealed

A month after his conviction, Chumacog revealed the identities of his three companions.

“I am not yet at peace with myself and God in as much as the deceased Batan has not been given full justice since three of my companions who are as guilty as I am remain at large,” he said in his notarized affidavit.

In his affidavit, Chumacog narrated that at about 3 p.m. on Feb. 23, 1993, Agpawan approached Fayno and Rongan in the “ator” (socio-political institution). Agpawan asked them to bring their firearms as they were going to meet a group of persons.

With their firearms, they waited for Batan’s group in the area. He alleged that Agpawan separated from the group and positioned himself about 25 meters from the approaching group. Agpawan hit Batan’s hip and Fanao commanded him to go closer and shoot Batan with his M 14. His companions served as lookouts. They later fled and left Batan’s body, Chumacog said.

NORDIS sources said that Fanao was even elected barangay captain (village chief) of Betwagan after his alleged involvement in the murder. 

Meanwhile, human rights groups and advocates in the region have urged the authorities to immediately arrest the three accused. They decried why one of the accused could have run for public office. NORDIS / Posted by Bulatlat

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