2 Years Later, Justice Remains Elusive for Leyte Massacre Victims

Shock, dismay and outrage were the immediate reactions of the relatives and survivors of the “Palo Massacre” with the adversarial resolution released by the provincial prosecutor on the criminal complaints that they filed against the military-perpetrators.

BY JOHANN HEIN B. ARPON
Bulatlat

Shock, dismay and outrage were the immediate reactions of the relatives and survivors of the “Palo Massacre” to the adversarial resolution released by the provincial prosecutor on the criminal complaints that they filed against the military-perpetrators.

In a resolution dated Oct. 30, 2007 but only received by complainants this December, Prosecutor Andres G. Yu, Jr. dismissed the criminal complaints for “lack of merit.” Respondents to charges of multiple murder, multiple frustrated murder, serious physical injuries, robbery with violence against or intimidation against persons and incriminating innocent persons were elements of the Philippine Army’s 802nd Infantry Brigade based in Buraen, Leyte and the strike force coming from the 19th Infantry Battalion based in Barangay (village) Aguitin, Kananga, Leyte.

The said complaints stemmed from an incident that occurred on Nov. 21, 2005 in Brgy. San Agustin, Palo, Leyte, in which 46 farmers and members of progressive people’s organizations who were about to begin a balik-uma (land positioning) through a tiklos (mutual exchange of labor) on land awarded to them by the Department of Agrarian Reform (DAR) through the Comprehensive Agrarian Reform Program (CARP) was fired upon by troops under the command of then Maj. Lope Dagoy (now promoted to colonel after the massacre). Seven lost their lives including seven-month old pregnant Alma Bartoline, more than a dozen were wounded, and six survivors were initially detained (others with warrants issued against them later surrendered). The military claimed it was a “legitimate encounter” alleging that the peasants were members of the New People’s Army (NPA).

Charges of illegal possession of low-powered firearms, illegal possession of high-powered firearms and illegal assembly were filed against them. The charges of illegal possession of low-powered and high-powered firearms have since been dismissed, while the third case is still being tried. The accused are out on bail.

Under duress?

Conveners of Tabang Palo (Help Palo), in a statement, has also expressed its “its total disgust and outrage” over the decision. Tabang Palo is an alliance composed of various organizations, institutions and individuals who provided medical and legal assistance to the victims.

They lamented that Prosecutor Yu gave more weight to the testimony of Marivic Macawile (one for the survivors who was later taken by the military from police custody only to turn up later with an “admission” that she was a member of the NPA and is now a state witness) compared to almost 20 affidavits of survivors and their relatives who claimed that they were ordinary peasants who were mercilessly peppered with bullets and grenades by the military.

Also assailed was the long period that passed before the resolution was made. According to Tabang Palo, the charges were filed last on Nov. 21, 2006 but it was only a year after that the prosecutor decided on the complaint. They also noted that the same prosecutor filed a request to inhibit himself from the case at the Department of Justice (DoJ) but was denied.