Japan Group Releases Report on Killings in Philippines

Case 3 : Juvy Magsino and Leima Fortu58

Background Information:

【Victims】 Juvy M. Magsino (34 years old, female)
Human Rights Lawyer, Vice Mayor of Naujan, Mindoro Oriental, Philippines
Candidate for Mayor of Naujan, Mindoro Oriental, Philippines59

Active Member of Bayan Muna Party60

Leima Fortu (27 years old, female)

Acting Secretary-General of KARAPATAN-Mindoro Oriental

Member of Bayan Muna Calapan City

Public School Teacher at the Suqui Elementary School, Calapan, Mindoro Oriental61

【Incident】 The two victims were killed in 13 February 2004 at about 11:00 PM at Barangay Amuguis, Naujan, Mindoro Oriental, Philippines.

Prior to the Killings

As a human rights lawyer, Magsino was involved in lots of cases related to land rights of peasants. Prior to Magsino’s Killing, she was running in the mayoral race to be decided on May 11th of the same year. Bayan Muna endorsed her candidacy for mayor. Fortu was acting Secretary-General of KARAPATAN-Mindoro Oriental and district coordinator of Bayan Muna.

Significantly, Mindoro Oriental has been designated as a “priority area” in the government’s counter- insurgency campaign, and as such the military has deployed in the area under the operational command of the 204th Brigade of the Philippine Army. Magsino and Fortu were in the forefront in various public campaigns against human rights violations by the military including extrajudicial killings. The two victims were also very prominent in the campaign to end the militarization of the province.

Harassment

Prior to Magsino’s death, she told her mother she was receiving death threats from unknown sources and that General Palparan, the commanding officer of the 204th Brigade, once told her (while he was stationed in Mindoro) “we are watching you” referring to her political affiliations. Magsino also reported to her mother that a Sergeant named Larry Geralyo of the 204th Brigade, Second Army Infantry Division accused her of being a member of the NPA.62

Circumstances of the Killings

On 13 February 2004, Ms. Magsino dropped by the house of a friend, Gina Tria in Barangay Pinagsabangan 2, Naujan, Mindoro Oriental to pick up her computer.

When Ms. Magsino, along with her companion Leima Fortu, were loading the computer into her car, Gina Tria heard gunshots. According to Gina, two motorcycle-riding men peppered them with bullets. Despite being hit, Magsino managed to escape by jumping in her car and driving in the direction of Calapan with Fortu. However the assailants who were riding a motorcycle caught up with them. In Barangay Amuguis, the two men on board a motorcycle with no plate number started firing at Magsino’s car. Magsino’s and Fortu’s bodies were found with several bullet wounds in the car which fell into a rice field, one kilometer away from the camp of the 204th Brigade, Second Army Infantry Division. At the time they were found, Magsino suffered three gunshot wounds on her head without exit points; and one each on her chest, shoulder and neck. Leima also had gunshot wounds on her chest, near her right ear, knee and shoulder. The General Headquarters of the 204th Infantry Brigade was only a hundred meters away from the ambush site.

Investigation and Prosecution

Gina saw one of the assailants and identified him as Reynante Antenor who had worked for the Mayor before. On March 8, 2004, Antenor along with John Does were charged with double Killing before the Mindoro Oriental Regional Trial Court. Antenor surrendered and was held in the provincial jail. However, he is the only accused suspect to face trial.

On August 11, 2004, upon motion by the complainants, the Supreme Court transferred the venue of the proceedings of the case from the Mindoro Oriental RTC to the Quezon City RTC. To date, the prosecution has rested its case and the defense will now present their evidence.

Magsino’s mother told Human Rights Now, “Besides Gina, there was a certain witness in the crime-scene. But, because of the threat, the witness does not want to testify in court.”

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