“Kailan iuuwi ang
bangkay ni Attorney Pahilga?” (When will the body of Attorney Pahilga
be brought home?)
This question shocked
people who knew Jobert Pahilga, a young lawyer at 32 who has handled more
than 100 cases involving land disputes in the different provinces
nationwide.
But nobody could have
been more scared than his family in his hometown in Antique. The question
was asked by a bystander to an aunt of Pahilga three days before he was
scheduled to go home for his father’s death anniversary on Sept. 9.
The timing of the
question sent shivers down the spine of Pahilga’s family because it came
in the heels of threats on his life allegedly coming from the military.
|
PEOPLE’S LAWYERS UNDER THREAT: Noel
Neri (far left) and Jobert Pahilga (far right) with Remigio Saladero,
Jr. and Rachel Pastores in an Oct. 16 press conference on attacks
against lawyers
PHOTO by dabet castañeda |
Pahilga is the
executive director of the Sentro para sa Tunay na Repormang Agraryo (SENTRA
or Center for Genuine Agrarian Reform). SENTRA is among the lawyers’
groups in the country which are starting to feel the heat of repression
for representing clients from people’s organizations who have either been
killed, disappeared or illegally arrested and detained.
Since 2001, documents
show that17 lawyers and judges have been killed, among them Felidito Dacut
and Norman Bocar, both human rights and labor lawyers from Eastern Visayas.
Dacut handled labor cases while Bocar took on agrarian cases in the twin
provinces of Samar and Leyte, one of the priority regions of the Armed
Forces of the Philippines (AFP) in its intensified counterinsurgency
campaign. These provinces also tallied the second most number of
political killings since 2001. Retired Maj. Gen. Jovito Palparan, called
the “butcher” by human rights advocates was assigned there from February
to August 2005 before he was transferred to Central Luzon.
Dacut and Bocar also
assisted the families of victims of human rights violations in filing
cases against Palparan and other military officials.
Political killings
and forcible disappearances have been concentrated in provinces outside
the National Capital Region claiming at least 764 lives while 184 have
been reported missing. However, intensive surveillance, and veiled threats
and harassments directed against lawyers representing peasants, workers
and victims of human rights violations and their families have created
fears that death squads, allegedly formed by the military, are now
operating in Metro Manila.
State policy
Noel Neri, 36, a
young labor lawyer who works for the Pro-Labor Legal Assistance Center
(PLACE) said, “Those who are operating against us are mercenaries who are
ready to kill if they find a chance to do so,” he said. “These are not
simple surveillance operations but are bold and daring attacks against
peoples’ lawyers,” he added.
Like Pahilga, PLACE
lawyers who handle more than 700 labor cases in Metro Manila and nearby
provinces in Central and Southern Luzon, have been under attack in recent
months.
On Oct. 5, four men
riding a van and two men riding a motorcycle tailed Lito Santos, an
organizer of the Alliance of Democratic Labor organizations (ADLO), and
eight union officers of Food Terminal Inc. (FTI) from the PLACE office
along E. Rodriguez St. in Quezon City to the FTI premises in Bicutan,
Taguig. Upon reaching the FTI, the union officers reported the matter to
the police. Taguig police immediately apprehended the men on board the
motorcycle and identified one of them as Pfc. Rommel Felipe Santiago of
the Philippine Army.
In the police report,
Santiago admitted they were doing
surveillance operations on PLACE and that the tailing incident was a case
of “mistaken identity.” He said they mistook
Santos as the FTI union’s lawyer. Santiago
was later released because, according to the police, he was on “official
duty.”
Since October 16,
armed men in civilian clothers were seen regularly in front of the PLACE
office.
Confidential
sources
Both Pahilga and Neri
said they have confirmed through their confidential sources that they are
“under surveillance.”
Pahilga said a friend
who is a high ranking military officer had informed him of the existence
of a “military intelligence abstract” that ordered a special unit of the 7th
Infantry Division of the Philippine Army in Fort
Magsaysay to put him “under intense
surveillance.”
“Mabigat ka pala.
Ang mga hinahawakan mo daw kasing kaso ay mga controversial cases ng
Left,” (I did not realize that
you are that important to the military. They told me that the reason you
are in the list is that you have been handling controversial cases
involving the Left. ) Pahilga’s military friend told him.
Meanwhile, Neri said
they have also been told by confidential sources that the military already
has an “abstract report” on PLACE complete with their office lay-out.
Hacienda Luisita
Both Pahilga and Neri
consider the Hacienda Luisita case as the most controversial they have
handled in their early years as lawyers.
The farm and mill
workers of Hacienda Luisita, a 6,000-hectare sugar estate owned and
operated by the family of former Pres. Corazon Cojuangco-Aquino, figured
in a labor and agrarian dispute that claimed seven lives and wounded
scores of others in what is known as the Hacienda Luisita Massacre.
Pahilga assisted the
farm workers in filing a petition for land distribution as early as
October 2003. Their law office, PLACE, assisted the mill workers in their
strike in 2003 and the simultaneous strike of farm and mill workers in
Nov. 2004.
Neri said that he
could still remember the backdoor negotiations they held with the Luisita
owners. He and his co-counsel Nenita Mahinay, also a lawyer from PLACE,
went with the union officers in the morning of Nov 16 to the mansion
of Jose “Peping” Cojuangco and his
wife Margarita “Tingting” Cojuangco in Makati.
“Hindi namin
bibitawan ang hacienda dahil may sentimental value ito sa amin.
(We will not let go of the hacienda because it has a sentimental value to
us.) We will fight for the land at all costs,” he quoted the Cojuangcos as
saying.
After the failed
negotiations, the two labor lawyers went to Malacanang Palace to seek the
intervention of government officials. But while meeting with Cabinet
official Ed Pamintuan, they received a call from union officers telling
them that the military fired on the picketline.
Harassments against
Pahilga and the PLACE increased when the Nov 2004 strike started.
Although the strike has ended in Dec. 2005, the harassment of union
leaders and members and their lawyers continued.
Rebellion case
Neri is also the lead
counsel for Bayan Muna (People First) Rep. Joel Virador while Pahilga is
lawyer for Anakpawis (Toiling Masses) Rep. Rafael Mariano and Randal
Echanis, an official of the same partylist group. The two representatives
are part of the Batasan 6, a group of legislators who were ordered
arrested and charged with rebellion by the Department of Justice. Except
for Rep. Crispin Beltran of Anakpawis, the other lawmakers, who were taken
into custody by the House of Representatives, have been released. But all
of the Batasan 6 lawmakers are still facing charges of rebellion.
Both lawyers also
assist activists who are arrested and detained during violent dispersals
of protest actions and rallies. “Suki na nga ako ng CPD (Central Police
District),” (I am always seen at the CPD) Pahilga said.
Clients affected
The harassments on
these two young lawyers have affected not just their families but most
especially their clients.
Their clients, who
consult with their lawyers after office hours so as not to jeopardize
their jobs, now find it hard to go to the PLACE office due to security
considerations.
SENTRA clients have
also been tailed from the office to their homes. One of them was even
told, “Wag kayo sumasama ke Atty Pahilga kasi baka madamay kayo.”
(Do not associate with Atty Pahilga because you might also be included.)
Humble beginnings
Both lawyers shared
similar experiences during their younger years. They were both involved in
youth activism in their hometowns. Pahilga used to be a member of the
League of Filipino Students (LFS) and chair of the Sangguniang Kabataan
(Youth Council) in Antique while Neri volunteered in non-government
organizations involved in the plight of workers in Davao, Southern
Philippines.
They also supported
themselves while in law school, juggling their studies and their work. Two
years before he graduated from Lyceum, Pahilga was already working for
SENTRA. “Humahawak na ako ng mga kaso nuon kaya pagkatapos ng mga
hearings sa mga probinsya, sa bus na lang ako nag-aaral para sa mga exam,”
(I was already handling cases then. So after the hearings in the
provinces, I studied for my exams while commuting in buses.) he said.
Neri was
already a part-time employee at the Quezon City Regional Trial Court (RTC)
while he studied law at the Manuel L. Quezon University in Manila.
At
first, Pahilga said he found it difficult handling agrarian cases because
agrarian laws were not taught in school except for short discussions on
Presidentiasl Decree No. 27 (PD 27), the agrarian reform law of former
Pres. Ferdinand Marcos. He said the Comprehensive Agrarian Reform Law of
1987 was not taught in law school. “Kaya lahat ng batas sa lupa sa
practice ko lang natutunan,” (Thus, I only became knowledgeable about
laws concerning agrarian cases through practice.) he said.
Neri,
meanwhile, is enraged over the country’s labor laws. “Biased,” was how he
described it. He added that while the law recognizes the right to strike
of workers and that it is their most effective weapon against capitalists,
it is still biased against workers. It allows, he said, the issuance of
an Assumption of Jurisdiction (AJ) order by the labor secretary. Once the
labor department assumes jurisdiction over a strike, the workers are bound
by law to lift it.
Although both lawyers
know that the threats on their lives are real, both Neri and Pahilga are
still committed to pursue their cases against big landlords and
capitalists who “trample on the rights of their clients.”
“Hindi kami ipokrito para sabihing hindi kami takot pero hindi nila kami
mapapatigil sa trabaho namin,”(We
do not want to be hypocrites by claiming that we are not afraid. But they
cannot stop us from doing our work.)
said Neri.
”It’s
just a matter of commitment,” Pahilga said. Bulatlat
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