Tabang Palo

AN UPDATED URGENT APPEAL
October 19, 2006

To Whom This May Concern:

On November 21, 2006, we will be remembering the first year anniversary of what is now popularly called as the "Palo Massacre" wherein peasants through a "tiklos" (collective farming) reclaimed a land (balik-uma) taken from them by a local landlord, were fired upon by elements of the 19th Infantry Battalion based in Kananga, Leyte under the command of then Major Lope Dagoy. (He was promoted to a rank higher thereafter for the mass killing).

Nine (9) lives were lost including the infant borne by Alma Bartoline who was then 7 months old pregnant when the fateful incident happened. Many were also wounded while a total of nine (9) individuals were arrested and put behind bars.

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.

For that, we express our gratitude and appreciation for the valuable help. The money received was used for the hospitalization expenses of the wounded, burial expenses of the deceased, paralegal expenses of the detained and other related expenditures. Such did not only make our work notch easier to support the victims but it also boosted the morale of the unjustly detained, the bereaved families who lost their loved ones and the whole peasant community who was shocked and terrorized by the military's unwarranted and undemocratic action.

Allow us to give you some updates on the Palo case.

a. Criminalization to Justify the En Masse Deaths and Consequent Military Abuses.

Criminal charges were filed against the peasants who survived the massacre. They are now facing cases in two (2) different courts, a case of "illegal possession of low-powered firearms" is lodged at the Municipal Trial Court (MTC) in Palo, Leyte while another case of "illegal possession of high-powered firearms" together with "illegal assembly" are docketed at the Regional Trial Court (RTC) in Tacloban City.

At the MTC, the prosecution panel has just wrapped up the presentation of their witnesses and evidences and it is now the turn of our defense lawyers to present witnesses and evidences to prove the innocence of the accused.

We are very glad that the Legal Aid Program of the Integrated Bar of the Philippines (IBP) Leyte Chapter braved to handle the defense and has even pledged to initiate the filing of counter-charges against the military men involved. Pro bono lawyers of the IBP are representing the poor farmers in court despite the threats they receive from military perpetrators.

b. Case Dismissal.

Last October 3, 2006, the presiding judge of the RTC dismissed the case of "illegal possession of high-powered firearms" filed against the accused. The IBP lawyers filed a parallel motion at the MTC also to dismiss the case of "illegal possession of low-powered firearms" citing the same grounds. Moreover, the accused alleged that the said firearms were just "planted" by the government troopers on the incident site as they did not possess or own them. The hearing for the motion is set on the 23rd and/or on the 27th of October 2006.

c. Temporary Liberty and Death in Detention.

With regards the charged peasants, two (2) were already released on bail. Despite the high amount of bail bond, they have been prioritized to have temporary liberty because of the death threats they received inside the detention center, at Kauswagan Provincial Jail.

Meanwhile Joselito Tobe, a member of Concerned Citizens for Justice and Peace and BAYAN MUNA Party-list died in detention. The Kauswagan Provincial Jail authorities alleged that he suffered a stroke. But the aggrieved parties are taking it with a grain of salt considering that the two (2) weeks prior to his death; he informed us that he and co-detainee Arniel Dizon were receiving death threats. Tobe's colleagues are crying justice for a possibility of a foul play.

d. Inefficacy of the Government's Land Reform Program.

This was the real issue that led the farmers to organize themselves and claim the land that rightfully belonged to them. Indeed, it was a struggle of members of the San Agustin Farmers Beneficiaries Cooperative (SAFaBenCo) who were given with Certificates of Land Ownership Awards (CLOA) by the Department of Agrarian Reform (DAR). To assert their proof of ownership, they were supported by like-minded people and peasant organizations from other municipalities.

Few days after the massacre, an official from the DAR National Office went to the area to make their investigation. Then on December 23, 2005, SAFaBenCo received a letter from DAR saying that the land is actually theirs confirming their CLOAs. The DAR Adjudication Board (DARAB) issued a decision on December 6, 2005 affirming their previous decision of the DAR Adjudicator which states, "that the plaintiffs-appellees (members of SAFaBenCo) being prior possessor and cultivator of the lands should be immediately reinstated and be maintained in peaceful possession and cultivation having been identified already as farmer-beneficiaries of the land in question".

Now, we are working out the issuing of "writ of execution" for the decision to be made final and land finally turned over to the rightful owners.

In this context, the fight for justice is not over yet.

We had strongly faced some unfortunate events with the untimely demise of Mr. Joselito Tobe and the exorbitant bail money needed. But there were also some battles won. To top it all, the victims' resolve to attain justice has not wavered. One such move is the filing of counter-charges against the real culprits – the ones who actually used the guns and the same people who peppered them with bullets and grenades - bonnet-clad elements of the 19th Infantry Battalion headed by Lt. Col. Lope Dagoy and 1Lt. Luel Adrian Benedicto.

Our Appeal

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.
We do hope that with your continued support, we will finally give justice for the victims of the Palo Massacre.
In case you need additional information on the case and other data with regards the Palo case, feel free to contact us.

For your perusal, we are also attaching our original Urgent Appeal we released last November 2005.

Thank you and God Bless!

For the Tabang Palo secretariat,

JOHANN HEIN B. ARPON
Secretary-General, PCPR-EV

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Tabang Palo is an endeavor of the different sectoral organizations, non-government organizations and people's organization under KATUNGOD-SB-KARAPATAN who are now looking after the victims of this incident to ask the involvement of the general public to extend help to the victims.

For your donations, you may contact us at the address and telephone numbers below:

The Tabang Palo Secretariat
P.O. Box 204, Tacloban Central Post Office, Tacloban City, 6500 Leyte
Mobile Phone: 09218134588(Johann)
Tel. # (053) 321-7690