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Updates on the Bail Hearing of Temogen “Cocoy” Tulawie case- hrdefender.org
On Political Prisoners
Thursday, 21 March 2013 10:58
Updates on the Bail Hearing of Temogen “Cocoy” Tulawie case
http://hrdefender.org/index.php?option=com_content&view=article&id=68%3Aupdates-on-the-bail-hearing-of-temogen-cocoy-tulawie-case&catid=35%3Aupdates&Itemid=56
February 4: Hearing on Continuance of Detention of Mr. Tulawie in Davao
Human rights group (Philippine Alliance of Human Rights, Task Force Detainees of the Philippines, Alliance of Progressive Labor, Kilusan para sa Pambansang Demokrasya, and Balay Rehabilitation Center) assembled outside the City Hall of Manila where the Regional Trial Court is housed to express support to Human Rights Defender Cocoy Tulawie for his petition for bail and motion to allow continuance of his detention in Davao City Jail.
Due to information regarding the threats against the security and life of the Mr. Tulawie, the Bureau of Jail Management and Penology (BJMP) guarded the City Hall building, placing its personnel at every floor. Mr. Tulawie arrived in a BJMP vehicle, with security escorts and safety gears of bullet proof vest and helmet. Mr. Juhan Alihudin who is detained in Manila City Jail and Mr. Abner Salahi Tahil detained Special Intensive Custodial Area (SICA) in Camp Bagong Diwa, both co-accuses were also in attendance.
Judge Marlo Magdoza-Malagar first discussed the Urgent Motion to Allow Continuance of Accused’s Detention at the Davao City Jail. She raised two salient concerns regarding the urgent motion: First, if Mr. Tulawie is waiving his rights to be present during court hearing if the ruling will favour his continuous detention in Davao City and second, will there be an alternative detention facility other than SICA in case the motion will be denied?
Prosecutor’s private counsel Atty. Wendell Sotto argued that there are no more security risks on Mr. Tulawie considering that the Court of Appeals already issued a Writ of Amparo and the Commission on Human Rights (CHR) is assuring Mr. Tulawie’s safety. These arguments were also stated in the Opposition that the party of Governor Tan filed against the Urgent Motion.
With regards to the alternative detention facility, Atty. Marlon Manuel informed the Court that the CHR will call an Inter-Agency Meeting with PNP, BJMP, AFP and DND to discuss the concern.
In answer, Judge Marlo Magdoza-Malagar ruled that the parties shall put their arguments and defenses in writing and submit them to court. The Defense is given 15 days from February 4, 2013 to answer the Opposition filed by the Prosecution. On the other hand, the Prosecution was given 15 days from receipt of the answer to file its reply. Then, the motion will be submitted for resolution.
On Bail petition, the defense manifested that they have not received Judicial Affidavits as required under the Order of Branch 19 dated December 07, 2012.   Atty. Sotto argued that Judicial Affidavits are not applicable to the case because the Rules state that the same is applicable only to crimes with penalties of less than 6 years. Defense counsel Atty. Marlon Manuel, stated that the rules are applicable if the accused agrees to use the same irrespective of penalty. The accused in this case did not contest the Judicial Affidavit rule. Because of the absence of Judicial Affidavits, the Court reset the bail hearing on March 4 and 6, 2013 and expressed that submission of Judicial Affidavits prior to the hearing is mandatory.
On the hearing of the Motion for Bail filed by Mr. Tulawie last March 4 and 6, 2013, the Prosecutor presented a total of seven witnesses, five from the Military and Police and two self-confessed conspirators of the bombing, Mr. Sali Said and Mr. Mujibar “Bong” Alih Amon. Both witnesses were neither included as accused nor had been mentioned as witnesses on the charge sheet against Tulawie. Initially, the prosecutor informed the Court that they will present 30 witnesses but they only presented seven. The Police and Military testimonies made no mention of Mr. Tulawie’s involvement on the incident but just described the incident and the destructions as a result of the bombing.
Before Sali Said started his testimony, the Judged expressed concern of   the content of his judicial affidavit admitting to his involvement on the bombing incident and other several crimes. She cautioned the Prosecutors that they may be jeopardizing their client with self-incriminating statements. Judge Malagar questioned the witness herself if he understood his predicament but the witness was unfazed.
Sali Said, as witness, executed two Judicial Affidavits dated February 25, 2013 and March 5, 2013. The first affidavit he said was not entirely true because he tried to protect himself from being included in the case or at least lessen his involvement. A week later he executed another affidavit because he said he felt guilty and finally wants to say the truth.
In both of his Judicial Affidavits, he admitted that he is one of those who conspired in the planning and execution of the March 13, 2009 bombing. He also admitted that he is an active member of the Abu Sayaff Group (ASG).
The witness Sali Said, orally admitted in open court and in the presence of the Judge that he is an active member of the ASG. He also admitted that he was one of the persons who kidnapped Ms. Ces Drilon (television network journalist) and Octavio Dinampo in 2008 but proudly stated that he has not been charged at all.  From the records of the prosecution, Octavio Dinampo has executed an affidavit positively identifying Sali Said as one of their kidnappers.
He also admitted that he was arrested last March 2011 in a Port in Jolo, Sulu and detained at SICA, MMDJ Compound, Camp Bagong Diwa, Taguig City in relation to the kidnapping and the beheading of the members of the Jehovah’s Witness/Almeda Group by the ASG. This case is lodged before RTC, Branch 266, Pasig City docketed as Criminal Cases Nos. 128923-H-A-E.
As per testimony of Sali Said, he admitted that the lawyer of Governor Sakur Tan intervened and helped in the facilitation of his release and he was accordingly released from prison last February 15, 2013.  It could be noted that it is not merely coincidental that Sali Said was released barely two weeks before the bail hearing of the Tulawie case.
Said admitted that he is mad at Mr. Tulawie because he alleged that the latter caused the death of his cousin, another accused Sulayman Muhammad Muin.   It can be recalled that Mr. Muin was killed while detained in Sulu Provincial jail by BJMP personnel allegedly for trying to escape. Juhan Alihudin, another co-accused, after the hearing mentioned that Said should have asked him and learned the truth because he was detained with Mr. Muin when the latter was killed in detention.
At one point during his testimony, Mr. Said  excused himself to go to the comfort room and passed by hearing distance of Mr. Tulawie, he said “ Nakahanda na ang mga butas na paglilibingan nating  dalawa sa Sulu” (The holes for both our graves are already prepared in Sulu).
Mujibar “Bong” Alih Amon, another witness for the prosecutor testified that he is a photographer, former driver and errand boy of the Tulawie family who lived for years in the Tulawie home. As a photographer he cannot recall the model of the camera he used, when cross-examined by Atty. Mary Ann Arnado of the defense legal team. As a driver of Mr. Tulawie’s family, he miscounted the cars of the Tulawie. As one who lived in the Tulawie home for years, he cannot recall the features of the house and are not familiar with the members of the family and even miscounted the number of Mr. Tulawie’s children.
He testified that he was hired by Mr. Tulawie to conduct “Plan B” to assassinate Gov. Tan for P3.5 million pesos as the first bombing was unsuccessful.  He mentioned that he recruited tricycle drivers to help him implement the plan.  However Plan B did not pushed through when the accused on the first incident were already arrested. He was also subsequently arrested as suspected member of the ASG involved in the beheading of the Almeda/Jehovah Witnesses members. Mr. Amon is currently detained in MMDJ Compound, Camp Bagong Diwa, Taguig.
Mr. Amon also admitted that he was offered assistance by the Prosecutor’s counsel but that he refused and that he just wanted to tell the truth on the incident. He denied being a member of the Abu Sayyaf group.
After the testimonies of the witnesses, the Defense counsel motioned that the Public Prosecutor should include Said as accused in the Tulawie case because of his admission of involvement in the bombing. The Prosecutor said that there should be a complaint in which the Judge said that it should be motu proprio on their part. But the former is still adamant, thus Judge asked the Counsel to formalize the motion.
The March 6 concluded the bail hearing for Mr. Tulawie. The Judge will issue her decision on or before June 19, 2013 also the scheduled next hearing on the case. For the meantime, Mr. Tulawie will remain in Davao City Jail.
On both hearings, some members of the Free Mr. Tulawie movement observed the proceedings.
Accuser’s activities
A news report in one of the Regional newspaper stated that the Palace (Office of the President) intervention is feared on the Tulawie case. It mentioned that CHR has already declared Tulawie is innocent and that several NGOs are resulting to agitation tactics and lobbying with personalities to campaign for members with cases (see picture of the news clipping at the left).
There is also a regular picket during court hearings of Tulawie of young Muslim people of undetermined persuasions. When they were asked who they are rallying about, they said to stop the bloodshed and have peace in Sulu.  Their placards are stating confusing messages that they condemn human rights violators and at one time stated that bombers and HR violators should be jailed. During their March 4 picket, they were referring to the news clipping. (Source: PAHRA)

Updates on the Bail Hearing of Temogen “Cocoy” Tulawie case

Source: hrdefender.org

February 4: Hearing on Continuance of Detention of Mr. Tulawie in Davao

Human rights group (Philippine Alliance of Human Rights, Task Force Detainees of the Philippines, Alliance of Progressive Labor, Kilusan para sa Pambansang Demokrasya, and Balay Rehabilitation Center) assembled outside the City Hall of Manila where the Regional Trial Court is housed to express support to Human Rights Defender Cocoy Tulawie for his petition for bail and motion to allow continuance of his detention in Davao City Jail.

Due to information regarding the threats against the security and life of the Mr. Tulawie, the Bureau of Jail Management and Penology (BJMP) guarded the City Hall building, placing its personnel at every floor. Mr. Tulawie arrived in a BJMP vehicle, with security escorts and safety gears of bullet proof vest and helmet. Mr. Juhan Alihudin who is detained in Manila City Jail and Mr. Abner Salahi Tahil detained Special Intensive Custodial Area (SICA) in Camp Bagong Diwa, both co-accuses were also in attendance.

Judge Marlo Magdoza-Malagar first discussed the Urgent Motion to Allow Continuance of Accused’s Detention at the Davao City Jail. She raised two salient concerns regarding the urgent motion: First, if Mr. Tulawie is waiving his rights to be present during court hearing if the ruling will favour his continuous detention in Davao City and second, will there be an alternative detention facility other than SICA in case the motion will be denied?
Last Updated on Thursday, 21 March 2013 11:19
 
Protect the right to defend human rights! Freedom and Justice for Women Human Rights Defenders!
On Political Prisoners
Thursday, 07 March 2013 17:28

Protect the right to defend human rights! Freedom and Justice for Women Human Rights Defenders!

free_women_hrd_smallEven with the existence of laws supposedly protecting women from violence, there are still women including those working with human rights and peoples’ issues who are subjected to killings, enforced disappearance, torture, illegal arrests and detention and other human rights violations.

In celebration of International Women’s Day, Task Force Detainees of the Philippines (TFDP) declares its unwavering solidarity with our women human rights defenders in calling for an end to all forms of violence against women and their children and calls on the Philippine government to free women defenders who are being politically incarcerated and demand justice for all women victims of human rights violations.

An anti-mining woman leader of the B’laan tribe in Kiblawan, Davao del Sur, Juvy Capion, also a mother of four was killed on October 18, 2012 by members of the 27th Infantry Battalion of the Philippine Army. The army claimed that it was a legitimate operation and that they were in pursuit of Daguil Capion, Juvy’s husband and allegedly a member of a rebel group.

Juvy Capion and her children were unarmed and resting inside their hut.

Charity Diño, 30 years old was arrested, tortured and detained on November 23, 2009.   Maricon Montaje was arrested on June 3, 2010.  They were both detained at Batangas Provincial Jail and  charged and suspected to be members of the New Peoples’ Army (NPA).

Just recently, 14 farmers including women were harassed, arrested without warrant and detained in Sarangani Province in Mindanao.  The victims include a pregnant woman and a two year old girl. The Kiamba Police, Criminal Investigation and Detection Group-SarGen and 73rd Infantry battalion of the Armed Forces of the Philippines arrested the victims and raided their houses without warrant of arrest and search warrant.

Last Updated on Thursday, 07 March 2013 17:33
 
APPEAL for ACTION: Warrantless Arrest of Fourteen Farmers and Six other person in Mindanao
On Political Prisoners
Friday, 15 February 2013 19:04
APPEAL for ACTION: Warrantless Arrest of Fourteen Farmers and Six other person in Mindanao

Dear Friends,

Task Force Detainees of the Philippines (TFDP) and Justice and Peace of the Social Action Center – Diocese of Marbel, writes to inform you about the warrantless arrest and detention of fourteen (14) tenants farmers and six (6) other persons that happened in Yabes Farm, Barangay Lebe, Kiamba and Purok Maligaya, Barangay Sison, Maitum, Sarangani Province, Mindanao on November 13 and 14, 2012. The alleged perpetrators are members of the Philippine National Police headed by Police Inspector Rexor Canoy of Kiamba, Sarangani Province, members of the Criminal Investigation and Detection Group (CIDG) headed by Jose Tajonera and members of the 73rd Infantry Battalion of the Philippine Army (PA) headed by Sgt. Magalad

Victims:

1. Norlie Agoot Basuel, 35 years old

2. Ferdinand Sanchez Basuel, 39 years old

3. Rodolfo Gonzales Agoot, 58 years old

4. Noemi Española Agoot, 58 years old

5. Cheryl Española Agoot, 31 years old

6. Ailene Española Agoot, 22 years old

7. Armando Untal Española, 60 years old

8. Leonida Jarabe Española, 58 years old

9. Kennep Toledo Española, 54 years old

10. French Mark Española Marquez, 31 years old

11. Aida Española Marquez, 70 years old

12. Nicholas Socorro Pardillo, 68 years old

13. Elna Aguelo Pardillo, 48 years old

14. Noel Española Pardillo, 44 years old

15. Emma Crisologo, 44 years

16. Edmar Crisologo, 20 years old

17. Edwin Crisologo, 9 years old

18. Shalane Crisologo, 2 years old

19. Marlon Agoot

20. A certain Jermin

(Victim No. 15. Emma was 8 months pregnant at the time of arrest, she was later    brought to a hospital because of her bleeding, Victims 16 to 20, Edmar, Edwin,     Shalane, Marlon, and Jermin were brought to the Kiamba Police Station but were later released)
______________________________________________________________________________________
FACT OF THE CASE:

Fourteen (14) tenant farmers and six (6) of their relatives were arrested without warrant on November 13, 2012 and November 14, 2012 allegedly by members of the Philippine National Police (PNP) based in Kiamba headed by Police Inspector Rexor Canoy, members of the Criminal Investigation and Detection Group (CIDG) based in General Santos City headed by Jose Tajonera and members of the 73rd Infantry Battalion of the Philippine Army headed by Sgt. Magalad in the Yabes Farm in Barangay Lebe, Kiamba and Purok Maligaya, Sison, Maitum, Sarangani Province,

According to Norlie Basuel, one of the victims, it was about 2:30 PM of November 13, 2012 when the alleged perpetrators arrived at the tenants’ compound along with Kiamba Mayor Raul Martinez and Maitum Mayor Lucille Perret. They cordoned the area by aiming firearms at the farmers and their families.

After, one of the security forces made a call using his hand held radio for Danilo Yabes to go to the tenants’ compound.

When Danilo arrived, he pointed to certain farmers and accused them of killing his brother, Victor Yabes who was killed in the morning of the same day. Those who were handpicked were Rodolfo Agoot, Armando Española, French Mark Marquez, Noel Pardillo, Nicholas Pardillo and Kennep Española. The six (6) men were arrested and brought to the Kiamba Police Station.

At around 10 PM, Leonila Española, Elna Pardillo, and Noemi Española went to the station to see their husbands who were arrested. At the station, they saw a member of the Yabes Family, a certain Vincent who commanded the police to arrest them. The three women were arrested and only Elna was released the next day.

Also on November 14, at about 7 AM, members of the PA headed by Sgt. Magalad, and members of the CIDG namely, Jose Tajonera, Ed Pineda, Ronald Macadagum, and Jose Don Lagdamen raided the house of Norlie and Ferdinand Basuel, who were also tenant farmers of the Yabes farm. CIDG Lagdamen threatened them to get out of their house or else they will be massacred. When Ferdinand came out of the house, he was pulled from the hair by CIDG Tajonera while CIDG Pineda aimed his gun at Norlie and confiscated her phone before they were brought to the police station.

Norlie’s sisters, Cheryl and Aileen, who were also inside the house, were also arrested. Cheryl demanded for arrest warrant and search warrant but was reprimanded by the government agents. They also confiscated her phone. A security guard of the Yabes family, Rolly Estrobillo was presented to them who identified them as alleged participants to the killing. They were led outside the house and brought to the Kiamba police station at 8:30 AM.

Other relatives were also arrested on the same day, Aida Marquez, an aunt of Armando was walking on the road when government agents arrested her and brought her to the Kiamba Police Station. The Crisologo’s house, also located inside the Yabes Farm was also raided. Emma, who was 8 months pregnant, her children Edmar, Edwin, and Shalane were also brought to the station. Edwin is only 8 years old and Shalane is only 2 years old.  Emma was brought later to the hospital when she started to have a bleeding. No relative was allowed to accompany her.

The Agoot’s house, also within the Yabes Farm were also raided, Marlon Agoot and his neighbors, Jermin and Elna were also brought to the station. Later, the police freed Marlon and Jermin but Elna remained in custody.

After their arrests, the Yabes family immediately fenced the whole farm.

At 12:30 PM, the victims were transferred to the CIDG Station in General Santos City. Edmar, Edwin and Shalane were left and later freed.

On November 16, they were brought for inquest to Fiscal Paulo Aquino’s office but they refused the offer of facilitation from the Public Attorney’s Office (PAO)

According to the victims, they were hardly given food and water during their 21 day stay in the CIDG cell.

On December 3, they were remanded to the Sarangani Provincial Jail in Baluntay, Alabel, Sarangani Province.
Last Updated on Friday, 15 February 2013 19:07
 
#FREEOURDEFENDERS! Free all political prisoners!
On Political Prisoners
Sunday, 27 January 2013 11:09

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#FREEOURDEFENDERS! Free all political prisoners!

Government keeps denying the existence of political prisoners. We need to assert the truth! Join us in a call to #FREEOURDEFENDERS! Free all political prisoners!

In previous statement, PNoy’s spokesperson Lacierda declared that ‘We have no political prisoners.’  Then the Department of Justice (DOJ) failed to deliver Government’s commitment to look into the plight of all victims of political incarceration as a result of the hunger strike more than one year ago.  There’s unconfirmed information that the existing mechanism for the release of alleged political offenders (PCBREP) is to be dissolved by the government. If this information is true then the Aquino Government has no intention to release political prisoners through executive action.

While the general public and even most advocates are not aware of the situation and continuing violation of political incarceration and criminalization of political offense, these violations are used to attack freedom of belief and even human rights defenders.

What is #FREEOURDEFENDERS campaign?

#FREEOURDEFENDERS CAMPAIGN is an online and offline popularization campaign designed to educate the public and assert the existence of victims of political incarceration in the country.  It aims to create a massive online and offline discussion and actions that will aim to raise public awareness and answer the allegations of our government that there are no political prisoners in the country.

 
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