Japan Group Releases Report on Killings in Philippines

Comments by the Family Member

Mrs. Malabanan believes the military was involved in her husband’s killing:

“It was planned. Why were there three policemen at the time of the killing yet they did not catch the perpetrators? It happened in broad daylight. They let the gunman free to escape.”

“I hope you and those who visited us will help my husband and other victims of political killings obtain justice. I hope you will pave the way to seek justice for all victims, even if it takes a long time to achieve justice.”

5.　Killing of Labor Activists

Case 14: Diosdado Fortuna (also known as Ka Fort) 90

Background Information:

【Victim】Diosdado Fortuna (51 year old male)91

Chairman of the Nestle Labor Union, the Union of Filipino Employees (UFE)

Chairperson of PAMANTIK-KMU, the regional formation of trade unions based in Southern Tagalog

Regional Chairperson of Kilusang Mayo Uno (May First Movement)

Chairperson of Anakpawis Party-list organization in Southern Tagalog

【Incident】Mr. Fortuna was killed on September 22, 2005, on the way to his home from the picket line of striking Nestle workers in Barangay Paciano, Calamba City, Laguna, during a prolonged labor dispute with Nestle. He was shot at around 5:20 p.m. - 5:30 p.m. as he was returning home alone from the picket line.

Prior to the Killing

The victim had been acting president of Nestle Labor Union, the recognized bargaining union of employees in Nestle Philippines since 1989, after its former president Militant Rojas was assassinated outside the Nestle factory during the strike.

The Nestle Labor Union and Nestle Company have had a prolonged labor dispute on the workers’ retirement benefit since late 1980s until the present. As a result of their legal battle, the Supreme Court decided in favor of the workers, by finding that retirement benefits should be included in the Collective Bargaining Agreement (CBA). During the next CBA negotiation period (June 2001), Nestle attempted to disregard the Supreme Court ruling by not including retirement benefits. In January 14, 2002, Nestle employees led by Mr. Fortuna begun a strike and created a picket line. However, Former Labor Secretary Patricia Santo Tomas prohibited the strike and deputized the PNP and AFP to disperse the workers from their picket lines. On January 28, 2002, fourteen days after the workers assembled their picket line in front of Nestle, approximately 1,000 PNP and AFP wearing full battle gear were stationed around the picket lines. Since this date, it has become common to see military in and around the vicinity of the Nestle factor in Cavite.92

The workers continue the strike until now.93 The workers have not worked at the factory since January 14, 2002 – approximately five years and two months at the time of this interview. During the past five years, the workers led by the victim held several mobilizations and protests frequently. They staged massive campaigns both locally and internationally, which has infuriated Nestle management.

Harassment and Surveillance

According to Mr. Alemania, who is the current president of the Union and was the vice-president at the time of Mr. Fortuna’s death, Mr. Fortuna was under constant surveillance prior to the killing. Plainclothes men, people riding motorcycles, and even police were seen in front of the picket-line, his home, the regional office of Anakpawis as well as Kilusang Mayo Uno. Mr. Fortuna told HRN that he got death threats too.

Mr. Alemania said that Mr. Fortuna and himself were listed in the Order of Battle. Prior to the assassination, General Cesar Sarino at Camp Vicente Lim invited Mr. Fortuna together with regional sectoral leaders and informed them that “95 unions under Kilusang Mayo Uno, including Nestle Union were suspected fronts of CPP-NPA.”

On 12 October 2003, another labor organizer, Jose Betito was mistakenly abducted. Perpetrators mistook him for Mr. Fortuna. According to Mr. Betito, abductors showed him Mr. Fortuna’s picture and asked Mr. Betito about Mr. Fortuna.

Circumstances of the Killing

On 22 September 2005, Mr. Fortuna was shot by two men riding a motorcycle and wearing helmets. One bullet entered his chest and two entered his liver. An autopsy revealed that a .45-caliber pistol was used.

The assassination occurred in front of the Japanese Plastic Factory “Sagara” and many workers were watching. Though there were many people who saw the crime, none of them was willing to testify as a witness to the killings for fear of death or reprisal.

Harassment after the Killing

Mr. Alemania became president of the Nestle Union and led the strike after Mr. Fortuna’s death. Since then, Mr. Alemania has been under surveillance. His family claims that unidentified men riding motorcycles are frequently around his home. He is living under fear of assassination.