Justice for Palo massacre victims dawning

By KATUNGOD-SB-KARAPATAN
November 20, 2006

TACLOBAN CITY, Leyte  – Presiding Judge Mario Nicolasora of the Municipal Trial Court (MTC) of Palo, Leyte ordered the acquittal of eight (8) accused of charges of illegal possession of low powered firearms during the promulgation hearing on the afternoon of November 17, 2006.  The acquitted farmers included Richard Margallo, Baltazar Mardo, Ferdinand Montanejos, Artemio Amante, Eulogio Pilapil, Ronilo Orcida, Arniel Dizon, and Fe Muriel Dizon-Obejas.

Joselito Tobe, one of the accused and secretary general of the Concerned Citizens for Justice and Peace, died in prison before the said promulgation.

Following the order, the detainees were released from the Leyte Provincial Jail located at Kauswagan, Palo, Leyte on the afternoon of the same date.

Dawning of justice

In an interview, Alex Garcia Lagunzad, secretary-general of human rights organization KATUNGOD-SB, described this recent development as a dawning of justice to the victims of the Palo Massacre – to those who were brutally killed, for the kins of the dead, the wounded and the survivors.

“This also means that we, along with the victims are in a moral high ground to pursue the filing of counter-charges against the elements of the 19th Infantry Battalion of the Philippine Army who perpetrated the mass killing”, he commented.

“We are still to dig into the circumstances of the death of Joselito Tobe who died in prison at the Kauswagan Provincial Jail as there could have been possibility of a foul play”, he further said.  It could be remembered that Tobe along with two other accused received death threats while in detention.

“Ginlalauman namon nga makasuhan, mapapagbaton, ngan mapatukan han kaangayan nga sirot an mga kasundaluhan nga nagmasaker han mga inosente nga mga parag-uma (We are expecting that the soldiers be brought to the bars of justice, charged, made to answer and convicted for their brutal massacre of innocent farmers”, he said.

The Palo massacre, almost a year after

It can be remembered that last November 21, 2005, elements of the 19th IB PA headed by team leader 2LT. Luel Adrian Benedicto open fired at a group of farmers and killed nine (9) peasants including an eight-month pregnant mother at Brgy. San Agustin, Palo, Leyte.

The farmers were gathered for a “balik-uma” or re-cultivating a land awarded to them by the Department of Agrarian Reform (DAR) as its farmers-beneficiaries.  These farmers were affiliated with the DAR-accredited San Agustin Farmers-Beneficiaries Cooperative (or SAFABENCO), Alang-alang Small Farmers Association (ASFA) and Bayan Muna party-list.

The soldiers alleged that these farmers were armed as they were members of the New People’s Army (NPA) on which they based the charges of “illegal position of firearms” which was recently dismissed by the MTC.

It could be remembered that there was a widespread public outrage over the incident, not only from the local community but also from the national and international front. Many responded by sending solidarity statements as well as material and financial support to the victims.

Grateful for the assistance

In the courtroom, all the accused were teary-eyed upon hearing the presiding judge reading the judgment of their acquittal from the charges against them.

“We are very grateful for this day, especially those who have extended assistance to prove our innocence on the accusations hurled against us.  We were unjustly imprisoned and had it not for them, we could still be still in jail,” Fe Muriel Obejas who lost her husband on the fateful incident said.

The accused extended their thanks to the pro bono lawyers of the Integrated Bar of the Philippines (IBP) Leyte Chapter, Legal Aid Committee headed by Atty. Eli Laboga and Atty. Alberto Hidalgo.  They were represented during the hearings by defense counsels Atty. Federico Triste and Atty. Claro Robert Morantte.

The quest for justice persists

Meanwhile, Atty. Federico Triste, one of the legal defense counsels from the legal aide program of the IBP Leyte Chapter said that the quest for justice does not end in the acquittal and the subsequent release of the accused.

“There is still another case pending at the Regional Trial Court (RTC) which the same named respondents face for Illegal Assembly…  It is still going trial on the merits,” he said in an interview by the local media.

A case of Illegal Possession of High Powered Firearms docketed at the RTC was previously dismissed by the court.

It was known that the accused were just temporary out of detention by posting bail.  The bail bond were put up from cash and property lent by concerned individuals who believed in the innocence of the said farmers.

“Tabang Palo” Campaign

Meanwhile, KATUNGOD-SB through a campaign network called “Tabang Palo” (Help Palo) is still calling on for assistance from everyone to help the victims seek for justice, especially in the filing of counter-charges against the perpetrators.

“Again, we are knocking at your generous hearts for help. We need your help in the realization of our filing of the counter-charges against the military men responsible for the unlawful and undemocratic attack. Lawyers from the IBP informed to prepare money that will be used in the filing (expenses for the necessary filing fees; mobility of witnesses to and from the courts, lawyers and paralegals; procurement of papers; and documentation expenses) and sustaining the case. It is in that regard we are asking for assistance again,” an appeal-letter from Tabang Palo said.