Japan Group Releases Report on Killings in Philippines

The mother of Capadan arrived at the area in the evening on June 28, and met with a human rights worker in Bulacan, Alberto Rameriz. He said that he was abducted in the evening on 28 June by the soldiers 56 Infantry Battalion who were accompanying Manuel Merino. He was interrogated at the military detachment, but released soon.

The mother said

“Alberto saw Manuel Merino accompanied by military. My daughter and Merino were abducted together, so it is clear that military abducted my daughter…”101

She visited police, military, municipal government, and hospitals seeking her daughter’s whereabouts in vain. She met with Cornel Boac of 56th Infantry Battalion, however, he denied any abduction. She filed a writ of habeas corpus against Maj. Gen. Jovito Palparan who was then commander of the 7th Infantry division (at that time) with the families of Empeño and Merino on July 19. Ramirez testified that on June 28, 2006. The court summoned Cornel Boac and Gen Palparan to the hearing. General Palparan failed to attend the hearing six times. Upon receipt of a contempt warning issued by the court, he finally attended the 7th hearing on September 20. He has denied the abduction took place.102

Writ of Habeas Corpus

On May 27, the Court of Appeals dismissed the habeas corpus petition filed by the parents of missing University of the Philippines students Sherlyn Cadapan and Karen Empeño and a certain Manuel Merino. The three were abducted in Bulacan on June 26, 2006. The Court of Appeals noted the denials made by the military respondents in the case and noted that due to insufficient evidence, it could not appropriately charge them. “The proper remedy is not a habeas corpus petition but criminal proceedings,” the court ruled.

In its decision, the Court noted, “The respondents were not telling the whole truth as they appeared to be evasive in their declarations. They were persistent in their denials but their assertions contradict each other. There is, therefore, a need to further investigate, and delve into, the disappearance of the missing persons.” The Court said this can be done separately by the Commission on Human Rights, the police, and the National Bureau of Investigation.103

Writ of amparo

In August 2007, Raymond Manalo and his brother Reynaldo escaped from military detention and disclosed that they have been tortured. They also revealed that they have seen Karen Empeño and Sherlyn Cadapan alive at Camp Tecson in Limay, Bataan.104

Meanwhile, the Philippine Supreme Court unanimously adopted the new rules governing the issuance of the writ of amparo in September 2007.105 On October 24 2007, the Philippine Supreme Court issued writs of amparo in the cases of Karen Empeño and Sherlyn Cadapan; farmer Manuel Merino; and brothers Raymond and Reynaldo Manalo. In the case of Karen and Sherlyn, the writ of amparo directed the respondents, including President Gloria Macapagal-Arroyo，Armed Forces Chief General Hermogenes Esperon and members of the AFP and PNP to either explain or file a return stating whether or not they were holding the two students in their custody. In the case of the Manalo brothers, the respondents were directed to answer charges of whether or not indeed they had abducted and tortured the brothers.106

At the hearing for the issuance of the writ of amparo in the UP students’ case on November 21, 2007 at the Court of Appeals, Raymond Manalo testified that the two students were chained and tortured by the military and Sherlyn was raped by the soldiers.

In his testimony, Raymond identified that Master Sgt. Donald Caigas, the same suspect in the killing of human rights worker Eden Marcellana and peasant leader Eddie Gumanoy in April 2003 was involved in detention, transfer of the UP students as well as the rape of Sherlyn.107

Current status

Despite the issuance of the writ, the two students have not yet been freed. Instead, HRN received the most shameful report that the dead body allegedly of Sherlyn was found in Pangasinan on March 13, 2008.

Case 18: Ronald Intal 108

Background Information:

【Victim】Ronald Intal (24-year-old male), Charcoal maker, resident of Balate.

【Incident】Ronald Intal was forcibly taken by armed men at around 11am on 3 April, 2006 on the highway near a motorcycle terminal in Barangay Balete.

Circumstanced of the Abduction

According to a witness, a tri-cycle driver, one military car approached him, and seven soldiers got out and took him into the car.109

Prior to the Abduction

Ronald is a known, active youth leader deeply involved in the struggle of peasant workers inside the Hacienda Luisita. At the strike in November 2004, he was participating into the strike and protecting the picket line. He was known for his activity by the 7th Infantry Division. Ronald was also a leader of the Samahan ng mga Kabataang Demokratiko sa Asyenda Luisita (SAKDAL or Association of Democratic Youth in Hacienda Luisita) and the Anak ng Bayan (Sons and Daughters of the People) political party.