Republic of the PhilippinesHOUSE OF REPRESENTATIVES

TWELFTH CONGRESSThird Regular Session

HOUSE RESOLUTION No. 1227__________________________________________________________________________________

Introduced by Reps. SATUR C. OCAMPO, CRISPIN B. BELTRAN and LIZA L. MAZA __________________________________________________________________________________

RESOLUTION DIRECTING THE COMMITTEE ON CIVIL, POLITICAL AND HUMAN RIGHTS TO CONDUCT AN IMMEDIATE INQUIRY, IN AID OF LEGISLATION, ON THE FRUSTRATED KILLING OF JOEY JAVIER, CHAIRPERSON OF KAGUIMUNGAN, A PEASANT ORGANIZATION IN CAGAYAN VALLEY, WHO WAS REPEATEDLY HACKED AND ATTACKED ALONG WITH HIS THREE COMPANIONS WITHOUT ANY PROVOCATION LAST JULY 1, 2003 IN BRGY. IBULO, BAGGAO

BY THREE BOLO-WIELDING MEMBERS OF THE SPECIAL OPERATIONS TEAM OF THE 41st INFANTRY BATTALION, 5TH INFANTRY DIVISION OF THE PHILIPPINE ARMY UNDER CAPT. GEORGE DOMINGO

WHEREAS initial reports by the human rights group KARAPATAN-Cagayan Valley state that at around 6:00 p.m. last July 1, 2003, Joey Javier, chairperson of the local peasant organization KAGUIMUNGAN, and members Isabelo Adviento, Ronald Reyes and Benito Abarientos were on board a kuliglig (mini tractor also used as a passenger vehicle) when three members of the Special Operations Team (SOT) of the 5th Infantry Division pounced on them right in front of the SOT tactical command post in Brgy. Ibulo, Baggao, Cagayan;

WHEREAS prior to the group's passage near the command post, Isabelo Adviento, one of the victims, noticed two soldiers who were standing by. When the kuliglig passed in front of the post, three soldiers who were all wielding bolos stopped the four peasants and began attacking and hacking at them;

WHEREAS Joey Javier was severely hacked on the left hand and leg which caused him to initially fall on the ground. A certain M/Sgt. Pacunla thereafter approached Javier and uttered, "Isardeng mo ngamin ita aramid mon kabayan. Kurang pay ketdi dayta." (You had better stop your activities, buddy. That's just for starters);

WHEREAS Javier, as of the filing of this resolution, remains seriously ill and faces the imminent amputation of his hand should his condition fail to improve;

WHEREAS according to Adviento, M/Sgt.Pacunla even asked the driver of the kuliglig if all four were seriously hit;

WHEREAS the four scampered in various directions upon the attack. Adviento was right behind Javier when he saw the former being hacked again on the leg. One bolo-wielding soldier chased the two and was trying to hit Javier again for the third time. The soldier only stopped doing so when he noticed that many people were already coming to provide assistance and administer first aid on Javier;

WHEREAS Javier was rushed by concerned residents to the Baggao District Hospital where they were followed by an undetermined number of soldiers. M/Sgt. Pacunla and other soldiers were already at the hospital and kept close watch on the peasants. Javier was later transferred to the Cagayan Valley Medical Center but only after some delay when the Baggao Hospital suddenly could not locate its own ambulance;

WHEREAS two of the three soldiers who attacked Javier and his three companions were identified as Pvt. Ariel Ganetano and Pfc. Joel Bautista. Capt. George Domingo, commanding officer of the SOT 5 th

Infantry Division, admitted before local media that his troops were indeed responsible for the attack.

Domingo, however, said that Javier and his companions were merely caught in the midst of infighting among the soldiers – although the circumstances of the blatant attack and the threatening statements made by M/Sgt. Pacunla against the victims reveal a deliberate operation to maim if not kill;

WHEREAS the attack on Javier et al. is widely believed to be related to the establishment of a local radio station which KAGUIMUNGAN was spearheading. Shortly prior to the incident, the four peasants had just come from Centro, Baggao where they were busy preparing for the July 4 groundbreaking ceremony of Radyo Cagayano, a Baggao-based community radio station sponsored by Bayan Muna Rep. Satur Ocampo;

WHEREAS residents of Baggao have long petitioned the dismantling of military camps in the area, owing to the fact that the people have long been subjected to military harassment, surveillance and physical abuse, according to Danggayan, a peasant alliance in Cagayan Valley;

WHEREAS Dante Bitagun, Bayan Muna coordinator in Baggao, was himself a victim of unjustified arrest and illegal detention by law enforcement elements last March 15, 2002 in Bunugan, Baggao;

WHEREAS Danggayan noted that the 5th ID has set up military camps covering 13 barangays in Cagayan Valley, consisting of the 45th IB which operates in six barangays in San Mariano and Quirino, Isabela; 77th IB which operates in one barangay in Quirino, Isabela; 21st IB which operates in Quirino, Isabela and Baggao, Cagayan; and 54th IB which covers two barangays in Nagtipunan, Quirino. The said units are apart from the 41st IB which operates in and around Cagayan Valley;

NOW THEREFORE BE IT RESOLVED that the Committee on Civil, Political and Human Rights conduct an immediate inquiry, in aid of legislation, on the frustrated killing of Joey Javier, chairperson of KAGUIMUNGAN, a peasant organization in Cagayan Valley who was repeatedly hacked and attacked along with his three companions without any provocation last July 1, 2003 in Brgy. Ibulo, Baggao by three bolo-wielding members of the Special Operations Team of the 41 st Infantry Battalion, 5th Infantry Division of the Philippine Army under Capt. George Domingo;

RESOLVED FURTHER that indemnification and reparation be immediately given the victims by the perpetrators whose commanding officer reportedly admitted to having committed the attack;

RESOLVED FINALLY that appropriate measures be recommended against the perpetrators and make them accountable for their grave offense. Adopted,

SATUR C. OCAMPO CRISPIN B. BELTRAN LIZA L. MAZABayan Muna–Party-List Bayan Muna–Party-List Bayan Muna–Party-List