Republic of the PhilippinesHOUSE OF REPRESENTATIVES

TWELFTH CONGRESSSecond Regular Session

HOUSE RESOLUTION No. 969 __________________________________________________________________________________

Introduced by Reps. SATUR C. OCAMPO, CRISPIN B. BELTRAN, LIZA L. MAZA, ROLEX T. SUPLICO, OSCAR S. RODRIGUEZ, TED FAILON, CARLOS M. PADILLA,

BERTHOBAL R. ANCHETA, EXEQUIEL B. JAVIER, BENIGNO C. AQUINO II, HARLIN CAST. ABAYON, EMILIO C. MACIAS II, HUSSIN U. AMIN, ERNIE D. CLARETE,

MONICO PUENTEVELLA__________________________________________________________________________________

RESOLUTIONDIRECTING THE COMMITTEE ON CIVIL, POLITICAL AND HUMAN RIGHTS

TO CONDUCT AN IMMEDIATE INQUIRY, IN AID OF LEGISLATION, ON THE DEATH DUE TO INTENSE TORTURE OF MORETO ARCADENIA, A PEASANT FROM SIPALAY, NEGROS OCCIDENTAL,

ON CHRISTMAS EVE 2002, WHICH WAS PERPETRATED ALLEGEDLY BY ELEMENTS OF THE 61ST INFANTRY BATTALION AND 303RD BRIGADE OF THE PHILIPPINE ARMY

WHEREAS on the evening of November 11, 2002, residents of Barangay Manlucahoc, Sipalay, Negros Occidental witnessed eight of their menfolk arrested by soldiers belonging to the 61st Infantry Battalion of the Philippine Army, according to reports of the human rights group KARAPATAN in Negros Occidental;

WHEREAS the reported arrest allegedly took place in said barangay following an encounter at around 6:00 a.m. of that day between a composite unit under the 61st Infantry Battalion of the Philippine Army and the New People's Army (NPA) wherein a commanding officer was killed and one Scout Ranger injured;

WHEREAS by 9:00 a.m. of the same day, a reinforcement team of soldiers from the 61st IB and 303rd

Brigade in Negros arrived and when they could not find any rebels, arrested the following peasant villagers: Moreto Arcadenia, 38; his father Moises Arcadenia, 70, and son Sammy, 17; Eddie Arcadenia, 21; Ely Arcadenia, 19; Demetrio Bitongga, 37; Marcelino Romano, 42; and Moreto Amadella, 45;

WHEREAS the hands of the arrested men were tied behind their backs and their feet tied together. They were hit by rifle butts and forced to confess that they were armed, in a clear effort to pass them off as fall guys for that morning's encounter with the NPA. They were also beaten with 2x2 wood planks and M16 rifle butts from the evening of November 11 till the evening of the following day;

WHEREAS Moreto Arcadenia, a father of five who could neither read nor write, was the most severely beaten to the point where he could barely stand;

WHEREAS on November 13, six of the men were ordered to walk to the military detachment in Baras-Barasan for further interrogation. Moreto, already unable to walk, was provided a carabao to take him to the detachment. At one point along the way, the men were ordered to dig their own graves. Moreto collapsed in the process, but the group was forced to proceed with their trip. The men were held in the detachment for five days. Moreto at this point remained lying on his side and was able to take only one handful of food per meal;

WHEREAS on November 17, the 61st IB commanding officer, identified as Lt. Col. Jon Aying, was compelled to take Moreto and Moises Arcadenia to the Provincial Hospital of Negros Oriental in Dumaguete City;

WHEREAS it was on December 13 when KARAPATAN members discovered Moreto Arcadenia in the hospital, who, along with his father and the other men, had been reported missing by their families;

WHEREAS KARAPATAN found out that Moreto sustained hematoma all over his body and suffered from intestinal complications and collapsed lungs due to heavy beatings by his captors.

WHEREAS KARAPATAN also learned that Moreto was admitted under the false name of Antonio Tetar, and that he allegedly fell from a tree, even as the military had also reportedly told some hospital staff that Moreto and Moises were members of the NPA in order to explain, if not justify, their severely battered condition;

WHEREAS on the evening of December 13, the KARAPATAN members transferred Moreto to the Silliman University Medical Center (SUMC), but not after efforts by the military and some hospital staff to prevent his transfer;

WHEREAS it was at the SUMC where it was discovered that the injuries to Moreto's internal organs had resulted in serious complications that could lead to his death. Medical records from the previous hospital, however, did not mention the hematoma found all over his body;

WHEREAS at around 6:00 a.m. on the eve of Christmas Day, 24 December 2002, Moreto Arcadenia succumbed to death from his severe injuries;

WHEREAS it is believed that Moreto's death could have been falsely reported to have been due to “natural causes” had he not been discovered by human rights advocates and his family;

WHEREAS the death of Moreto underscores the brazen disregard of military forces of people’s basic rights, especially the right to life, and their questionable practice of arresting innocent peasants on the sheer intent of producing fall guys following military encounters with rebel forces;

WHEREAS Moreto Arcadenia's death also provides a grim picture of how the military, over and above the gross violations inflicted upon Moreto and the others, escape culpability for human rights violations by providing false information on the identity and cause of condition of the victims of such violations;

WHEREAS Moreto is the 170th fatality in the AFP's intensifying operations which are being conducted with the complete sanction of President Gloria Macapagal-Arroyo;

NOW, THEREFORE, BE IT RESOLVED that the Committee on Civil, Political and Human Rights, conduct an immediate inquiry, in aid of legislation, on the death due to intense torture of Moreto Arcadenia, a peasant from Sipalay, Negros Occidental, last December 24, 2002 allegedly by elements of the 61st Infantry Battalion and 303rd Brigade of the Philippine Army;

RESOLVED FURTHER that appropriate measures be recommended against the perpetrators of Moreto Arcadenia's arrest, detention and intense torture which resulted in his death, as well as the unjust arrest of other peasants in Sipalay, Negros Occidental who were made to bear the brunt of the military backlash as a result of an armed encounter with NPA rebels;

RESOLVED FINALLY that indemnification be given Moreto's family, the surviving victims and their families.

Adopted,

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

ROLEX T. SUPLICO OSCAR S. RODRIGUEZ Iloilo, 5D Pampanga, 3D

TED FAILON CARLOS M. PADILLA Leyte, 1D Nueva Vizcaya, LD

BERTHOBAL R. ANCHETA EXEQUIEL B. JAVIER Bukidnon, 2D Antique, LD

BENIGNO C. AQUINO III HARLIN CAST. ABAYON Tarlac, 2D Northern Samar, 1D

EMILIO C. MACIAS II HUSSIN U. AMIN Negros Oriental, 2D Sulu, 1D

ERNIE D. CLARETE MONICO O. PUENTEVELLA Misamis Occidental, 1D Bacolod City, LD