Bu-lat-lat (boo-lat-lat) verb: to search, probe, investigate, inquire; to unearth facts

Vol. V,    No. 4      February 27- March 5, 2005      Quezon City, Philippines

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HUMAN RIGHTS WATCH

Arroyo Asked Not to Release HR Worker’s Killer

The family of a human-rights worker, killed by a member of the Citizens Armed Force and Geographical Unit (Cafgu) in 1993, has urged President Gloria Macapagal-Arroyo not to grant executive clemency to the convicted killer.

BY ARTHUR L. ALLAD-IW
Northern Dispatch

Posted by Bulatlat

BAGUIO CITY —The family of a human-rights worker, killed by a member of the Citizens Armed Force and Geographical Unit (Cafgu) in 1993, has urged President Gloria Macapagal-Arroyo not to grant executive clemency to the convicted killer.

Cirilo Batan, brother of slain human-rights worker Christopher Batan, wrote Arroyo in November 2004 to reiterate the family’s request not to grant executive clemency to Agustin Agpawan, who was convicted by the Regional Trial Court on June 29, 1995, in Baguio City for the murder of Christopher.

Agpawan did not appeal the court decision and served his sentence at the penal colony in the island province of Palawan.      

The Batan family opposed the executive clemency because the killing was part of a conspiracy between Agpawan and several others; that 11 years is too short a sentence; Agpawan failed to indemnify the Batan family with P 50,000 as ordered by the court; and that he victimized fellow members of the various Mountain Province tribes.

Based on documents obtained by Nordis, the move for executive clemency is traced to an endorsement by the provincial government of Mt. Province. The latest was Gov. Maximo Dalog’s endorsement of the executive clemency for Agpawan on Sept. 29, 2004.

Politics behind the executive clemency

Documents showed that the clemency dated back to Aug. 16, 2003, when barangay Anabel, a neighboring village of Betwagan, passed a barangay resolution requesting the Mountain Province Sangguniang Panlalawigan (SP) to endorse the executive clemency Arroyo. Agpawan is from Betwagan.

The SP passed Resolution 542 supporting the executive clemency but was not acted upon by the president.

The Anabel Barangay Council passed on July 30, 2004, the same resolution for executive clemency. The SP passed Resolution 61 on Aug. 16 that same year endorsing the executive clemency contained under the Anabel resolution.

Allegedly, many of Agpawan’s relatives are from Anabel.

Human rights

Christopher Batan, then staff of the Task Force Detainees of the Philippines (TFDP), went to Betwagan on February 23, 1993 with Fr. Eduardo Solang and TFDP staff Mila Fanaang to document cases of human rights violations during the Marcos administration. The documentation was part of a class suit filed by human rights victims during the period.

After crossing the Chico River and walking toward Betwagan, a group of Cafgu men fired at the three human-rights workers, killing Batan instantly.

A case was filed in Bontoc, capital of Mountain Province, but was later transferred to Baguio City upon request of the private prosecutors for the safety of the witnesses and when the bodong (peace pact) between the Betwagan and Lias tribes broke down due to the killing. The Batans are members of the Lias tribe in Barlig of the same province.

Agpawan, arrested almost a year after the killing, was convicted for murder on June 29, 1995.

Another perpetrator of the murder of Batan, Bonifacio Chumacog, also a Cafgu member and a member of the Betwagan tribe, was arrested in 2004. He identified his companions in the killing in a sworn affidavit on July 15, 2004.

Still at large

Chumacog named the other alleged perpetrators of the murder as Mateo Fanao, Kengeb Fayno and Panyong Rongan, all members of the Betwagan tribe.

The human rights desk of the Cordillera Peoples Alliance of Mountain Province relayed that the three are still active Cafgu members in that area.

“In fact, one of them has been elected as Betwagan barangay captain in the past,” CPA said.

The government, however, has not acted despite the identification made by Chumacog. According to court records, Chumacog pleaded guilty and was imposed the penalty of reclusion perpetua on June 29, 2004. The conviction was made 11 years after the murder.

NBP denied clemency

Nordis called the record office of the National Bilibid Prison (NBP) to confirm the rumor that Agpawan has already been granted executive clemency by Arroyo. Jenny Monge of NBP claimed that they are not aware of the move as they do not have any document for Agpawan’s release.

Arroyo was criticized in the past for being too lax on human rights violations committed by the Cafgu and paramilitary groups, including the integration of the Cordillera Peoples’ Liberation Army (CPLA) into the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP). The CPLA is reportedly responsible for numerous human rights violations in the region. Nordis/Bulatlat

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