Hence, on November 16, even though the union leaders were still exhausting all avenues of negotiations with the Cojuangcos, a combined force of an estimated 700-strong provincial and regional PNP and 17 truckloads of fully-armed soldiers from the 69th Infantry Battalion Philippine Army (PA) and the 33rd Light Armor Company PA stationed at the NOLCOM entered the vicinity of Gate 1 near the picket-line. They were accompanied by two V150 armored personnel carriers (APCs) and two fire trucks.
The dispersal of the strikers outside Gate 1 began at around 3:00 p.m. when the AFP and PNP started shooting teargas canisters into the strikers’ positions. One of the APCs even tried to crash over the barricades set by the strikers in Gate 1. After failing to do so, shots were suddenly heard and the strikers started to scamper away. However, the shootings continued even after the strikers were already fleeing. Many saw other strikers fall even as they were already trying to run for cover or move out of harm’s way.
At the end of the violent and brutal dispersal, 7 people were dead and scores more were wounded, including women and children. Many were hospitalized for gunshot wounds (GSW) although there were also other injuries from the mauling that ensued.
The AFP and PNP were quick to deny any wrongdoing. They both claimed that they fired their weapons in order to defend themselves. Congressman Benigno “Noynoy” Aquino III and Sec. Eduardo Ermita quickly blamed the “Leftists and militants” and alleged “agent-provocateurs” who had supposedly infiltrated the ranks of the workers. Cong. Noynoy only stopped short of outrightly blaming the strikers for the violence, as the PNP and AFP were allegedly “only trying to enforce the law.”
This investigation was conducted, therefore, to shed light on the circumstances surrounding the brutal dispersal in order to determine the victims, especially the extent of damage to life and limb, and to determine those who are accountable. This investigation also indirectly seeks to assist the victims in their quest not just for redress but also for justice.
Methodology
The health team was headed by Health Alliance for Democracy (HEAD) and Health Action for Human Rights (HAHR) and included health professionals (i.e. physicians, nurses), health workers, and health students.
The health team conducted its investigations in three separate occasions: November 17, November 29, and December 4-5, 2004. The methodology involved direct interviews and medical check-ups of those who were injured (including those who were already hospitalized), interviews with relatives and witnesses of the casualties, direct inspection of the cadaver, and interviews with local officials and medical personnel, including Dr. Saturnino S. Ferrer, the physician who conducted the autopsy on five of the seven casualties.
The team conducted its own documentation, which included signed affidavits, medical records, photo-documentation, taped interviews, and records of direct examinations conducted by health team members. The team also reviewed other pertinent documents available, including review of relevant affidavits/sworn statements and a review of available videos.
The findings are divided into three parts: findings on the casualties, findings on the injuries, and findings on the conduct of surrounding medical facilities and health agencies.
Findings on the casualties
There were seven identified casualties. These were Jhaivie R. Basilio, Adriano R. Caballero, Jr., Jhune N. David, Jaime B. Fastidio, Jesus V. Laza, Juancho C. Sanchez, and Jessie M. Valdez. A summary of the information and findings on each of the casualties is attached as Annex A.
The bodies were brought to different funeral parlors from the site of incidence. Valdez, however, was reportedly brought to Camp Aquino before being brought to the funeral parlor where the autopsy was made. There was a gap of at least 19 hours from the time of incidence to the time the autopsies were conducted by Dr. Ferrer. It was also within this time gap that the alleged paraffin tests were done on the casualties.
Based on the data gathered by the health team, the following were significant:
All of the seven died of gunshot wounds, contrary to the report of the Provincial Health Office that Sanchez died of “severe head injury” and Laza died of “basal skull fracture”.
Three (i.e. Basilio, David, and Laza) suffered from multiple gunshot wounds while the other four had single but fatal gunshot wounds.
Except for two gunshot wounds, both of which were sustained by Laza, none of the 10 gunshot wounds of the other casualties were frontal. All of the entry wounds were either from the back or from the sides.
Two had other concomitant and suspicious-looking injuries. Basilio had contusions and lacerations on his face and neck areas, while Sanchez had a peri-orbital laceration and hematoma of the left eye, contusion hematoma over the lumbar area, and some discoloration on the feet. These were consistent with eyewitness accounts that the two were still alive when taken by the PNP and AFP and were mauled before being shot.
Six of the casualties were workers of Hacienda Luisita and all were residents of the hacienda. All were in their productive ages and had no previous severe illness.
Dr. Ferrer also noted “wax-like material” on the bodies of Basilio, Caballero, and Sanchez. However, the so-called paraffin tests were conducted without any consent or without being witnessed by relatives of the deceased, and even now, the document containing the actual results of the paraffin tests are still to be obtained.
Findings on the injuries
There were at least 121 injured, 44 of whom were seen and interviewed by the health team. Of the total injured, 108 were male and 6 were female, while 7 had no data on their sex. 63 were adults (between 20-59 years old), 11 were children (below 19 years old), 4 were of the geriatric age group (above 60 years old), and 43 had no age data. All were either employed in or residents of Hacienda Luisita and many were the breadwinners of their respective families. A summary of pertinent data on the injured is attached as Annex B.
