Saturday, October 26, 2024

Septuagenarian Notes: LOCAL LAW MANDATES BBM GOV'T TO SURRENDER GONGDI TO ICC

BY PHILIP M LUSTRE.jR. 

DON'T believe stupid senators like Francis Tolentino. Bong Go, Robin Padilla and Bato dela Rosa. Don't take seriously mediocre Solicitor-General Menardo Guevarra and equally stupid minor DoJ officials. Their insistence that Rodrigo Duterte and his ilk stand no responsibility for those EJKs since the Philippines has withdrawn its membership in the Rome Statute has no basis. It BS and does not rest on solid ground - legal or otherwise. By the way, Rome Statute is the treaty that has created the International Criminal Court (ICC).

On the contrary, Duterte and his ilk are still responsible despite his 2019 unilateral decision of to withdraw the membership of the Philippines in the Rome Statute. A domestic law, RA 9851, which defines crimes against humanity, mandates the incumbent president to surrender to any international tribunal any Filipino, who is accused of committing crimes against humanity.  

Duterte, Bato dela Rosa, and Bong Go are among the former public officials, who are accused of committing crimes against humanity charges before the ICC. The charges have reached "formal investigation" at the ICC. Duterte was the chief architest of the war on drugs, while Bato and Bong Go were his chief implementors. They all stand jail terms before the ICC if ever they are proven to have committed those crimes against humanity, which include murder.

Former Senator Leila de Lima made clear before the Oct. 22 QuadComm public hearing at the House of Representatives that one of the least understood provisions of RA 9851 is the aspect of jurisdiction on the crimes that cover crimes against humanity, or genocide, or murder of people who belongs to the same religion of ethnicity.

RA 9851 has become a law on Dec. 11, 2011. It acknowledges crimes like willful killing or murder, extermination, torture, at enforced or involuntary disappearance. It imposes a life term of imprisonment for guilty parties.

An important aspect of de Lima's testimony before the QuadComm is that the BBM government could surrender Duterte and his ilk to the ICC. This is the specific provision:

“Section 17 – Jurisdiction In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties.”

De Lima explained that even before the Philippines became an ICC member in 2011, the Philippines, through RA 9851, has acknowledged the ICC's power to investigate and prosecute  the officials who committed crimes against humanity  

Although the Philippines was not yet a member when RA 9851 was enacted by Congress, de Lima said the Philippines saw the necessity to acknowledge an international tribunal like the ICC. Although the Philippines was not yet a member of the Romes Statute, the GMA administration saw the necessity for an international tribunal to prosecute and try violators like Duterte, de Lima said.

De Lima said Duterte withdrew the membership of the Philippines from the Rome Statute mainly for selfish reasons. She said the BBM government should rejoin the ICC. “We must return to the fold of the ICC. We must rejoin,” she said, “this is to stop the unabated EJKs of our citizens.”

Thursday, October 24, 2024

Septuagenarian Notes: CHAPTER 7 'EDSA DOS,' 'EDSA TRES' (LAST OF TWO PARTS)

 Nota Bene: This chapter is still tentative as I have to complete it and include the endnotes. But i nevertheless shows the events that have led to two historical cataclysms - EDSA Dos and EDSA Tres.

Continuation of Chapter 7:

CORRUPTION ISSUES. Not everything was a bed of roses for Estrada. He paid dearly for his acts of corruption. Two years into his incumbency, cracks in his leadership developed and showed. As expected, they were about corruption. On Oct. 4, 2000, then Ilocos Sur Governor Luis "Chavit" Singson, Estrada’s friend and political ally, broke away from him and accused Estrada of planning to ambush him on the prodding of Charlie Ang, another friend, whom  Erap Estrada favored in the operations of gambling in certain provinces. Press reports said hordes of police officers stopped Singson’s bullet proof car in a dark portion of a major thoroughfare in Manila.

Singson claimed it was a setup for ambush, but it did not push through because police officers at the scene did not recognize him. Moreover, he did not step out of his protected bullet-proof car. Because of the incident, Singson went public and accused Estrada of corruption, saying that he and his friends and family had received a total of P545 million from operations of jueteng, an illegal numbers game. His exposé triggered a political backlash. It was the start of a steep decline of Estrada’s popularity.

According to Singson, he and Estrada were friends since the 1960s. He was mayor of San Juan, then a town east of Manila and part of the Rizal province, while Singson was a councilor of the Ilocos Sur capital city of Vigan. Their friendship, Singson said, “deepened” when he became governor of Ilocos Sur in 1972. They became drinking buddies. Estrada was the godfather of one of Singson’s children. In return, he was the godfather of one of Estrada’s children. They were political allies too. Singson claimed that he supported Estrada in the 1998 presidential elections. Estrada won 63% of votes in his province.

When asked why he went against Estrada, Singson said: “He betrayed me. He was using me as his collector for his jueteng payoffs. After using me, he disregarded me. He gave the Bingo Two-Ball [franchise] in my province to Eric Singson, who is my political enemy and whom I defeated in the 1998 gubernatorial election. What face can I show in my province? I value true friendship. Estrada is not a true friend.”

When asked when and how he became Estrada’s bagman, Singson said: “It began right after he took over the presidency in July 1998. I was called to the house at Polk Street [in Greenhills, Estrada's home in suburban San Juan], together with Charlie ‘Atong’ Ang and businessman Bong Pineda [alleged jueteng lord of Pampanga province, north of Manila]. Atong was to take over jueteng operations in the country and would give money to the president. But then he and the president had a falling out over sugar allocations. President Estrada instructed me to take over Atong's duties. From November 1998 to August this year, I collected P545 million from jueteng operators in Luzon.

“Of that, I personally delivered [nearly $4.3 million] to the president. I brought the money in attache cases that I would drop beside the president's chair inside his office at Malacanang. The balance of my collections, totaling [also about $4.3 million], was deposited in my bank account. The deposits were later transferred to the bank accounts of [Estrada's] accountant and auditor, Yolanda Ricaforte. Sometime this year, the president instructed Ricaforte to transfer [that $4.3 million] to a designated account of his choice.”

When asked why he and Estrada had a fallout, Singson said: “Atong badmouthed me before the president because he wanted to regain his closeness to Estrada. Atong claimed I was skimming the money I was collecting for the president. How could I do that when the president himself assigned an auditor to me? Atong promised to deliver billions [of pesos] if he were to take charge of the entire Bingo Two-Ball operations. The president became the victim of his own greed.”

The following day, then Senate Minority Leader Teofisto Guingona, Jr. delivered his “I Accuse” privilege speech accusing Estrada of receiving 220 million in jueteng money from Singson from Nov. 1998 to Aug. 2000, and taking 70 million in excise tax money from cigarettes intended for Ilocos Sur. He allegedly received 130 million in kickbacks released by then budget secretary Benjamin Diokno for tobacco farmers, while his wife Eloisa Ejercito's foundation allegedly received 100 million "to the detriment of regular beneficiaries."

These were not all for the former movie actor. Estrada allegedly misused 52 smuggled luxury vehicles, and allegedly hid assets and bought mansions for his mistresses. The privilege speech was referred by then Senate President Franklin Drilon to the Senate Blue Ribbon Committee and the House of Representatives Committee on Justice for joint probe. Another committee in the House of Representatives decided to investigate the exposé, while other House members spearheaded a move to impeach the president. On Oct. 20, 2000, an early anti-Estrada rally was held in Naga City, led by former mayor Jesse Robredo, Mayor Sulpicio Roco Jr., and Ateneo de Naga president Joel Tabora, who demanded his resignation.

More calls for resignation came from Manila Cardinal Archbishop Jaime Sin, the Catholic Bishops Conference of the Philippines (CBCP), former Presidents Corazon Aquino and Fidel Ramos, and Vice President Gloria Macapagal Arroyo (who had resigned her cabinet position of Secretary of the Department of Social Welfare and Development). Cardinal Sin's statement read, "In the light of the scandals that besmirched the image of presidency, in the last two years, we stand by our conviction that he has lost the moral authority to govern." More resignations came from Estrada's Cabinet and economic advisers, while other members of Congress defected from his ruling party.

On Nov. 13, 2000, the House of Representatives led by then Speaker Manuel Villar transmitted the Articles of Impeachment, signed by 115 representatives, to the Senate. This caused shakeups in the leadership of both chamber of Congress. Camarines Sur Rep. Arnulfo Fuentebella replaced Villar as speaker. The impeachment trial was formally opened on Nov. 20, with twenty-one senators taking their oaths as judges, and Supreme Court Chief Justice Hilario Davide, Jr. presiding. The trial began on Dec. 7, 2000.

The day-to-day trial was covered on live television and received the highest viewership rating, mostly by the broadcasting giant ABS-CBN at the time. Among the highlights of the trial was the testimony of Clarissa Ocampo, then senior vice president of Equitable PCI Bank, who testified that she was a foot away from Estrada when he signed the name "Jose Velarde" on documents involving a 500 million investment agreement with the bank in Feb. 2, 2000.

***

‘EDSA DOS’

THE four-day Second EDSA Revolution, dubbed as “EDSA Dos,” started on Jan. 17, 2001 and ended four days later. It peacefully overthrew  Estrada as president and installed his vice president Gloria Macapagal-Arroyo as successor. The EDSA Dos effectively preempted Estrada’s impeachment trial in the Senate. Allegations of corruption earlier prospered against Estrada, prompting the House of Representatives to impeach him. The articles of impeachment were brought in the Senate for subsequent trial on Jan. 16. But the decision by several senators not to examine a letter allegedly proving Estrada's guilt sparked large protests at the EDSA Shrine along the EDSA thoroughfare.

The protests intensified as various groups called for his resignation on the succeeding days. On Jan. 19, the Armed Forces of the Philippines withdrew its support to Estrada, who was also its Commander-in-Chief. The Philippine National Police (PNP), under the leadership of a subaltern – Gen. Panfilo Lacson- also did the same withdrawal of support. On Jan. 20, Estrada resigned and fled Malacañang with his family. Macapagal Arroyo was sworn in on the same day as his replacement by Supreme Court Chief Justice Hilario Davide Jr.

The major antecedent for EDSA Dos was Estrada’s impeachment trial. His camp moved to stop on Jan. 16 the probe of an envelope allegedly containing evidence to prove corruption acts by Estrada. Pro-Estrada senators moved to block the evidence. The conflict between the senator-judges and the prosecution became deeper, but then Majority Leader Francisco Tatad requested the impeachment court to have a vote on the opening of the second envelope. The vote resulted in ten senators favoring its opening and examining the evidence, and 11 senators favoring to suppress it.

The senators who voted to open the second envelope were: Rodolfo Biazon; Renato Cayetano; Franklin Drilon; Juan Flavier; Teofisto Guingona Jr.; Loren Legarda; Ramon Magsaysay Jr.; Sergio Osmeña III;  Aquilino Pimentel Jr.; and Raul Roco. Opposed were:  Teresita Aquino-Oreta; Nikki Coseteng; Miriam Defensor Santiago; Juan Ponce Enrile; Gregorio Honasan; Robert Jaworski; Blas Ople; John Henry Osmeña; Ramon Revilla Sr.; Tito Sotto;  and Francisco Tatad.

After the vote, Aquilino Pimentel Jr. resigned as Senate president and walked out of the impeachment proceedings together with the nine opposition senators and 11 prosecutors in the Estrada impeachment trial. The 11 administration senators who voted to block the opening of the second envelope remained in the Senate session hall together with members of the defense panel. The following timeline occured to culminate in EDSA Dos.

Day 1: Jan. 17, 2001: Senator Tessie Aquino-Oreta, one of11 senators voted against opening the envelope but was visible on national TV, as the opposition senators walked out of the Senate hall. She booed her colleagues and jigged at the crowd in the Senate gallery after the Ayala group jeered her and other pro-Estrada senators. It fueled the growing anti-Estrada sentiment of the crowd, which gathered at EDSA Shrine. Oreta was the most vilified of the 11 senators. As he did in the EDSA 1, the influential Manila Prelate Jaime Cardinal Sin called on the people to join the rally at the shrine. At night, people gathered in large numbers at the shrine.

Day 2: Jan. 18, 2001: The crowd grew, bolstered by students from private schools and left-wing organizations. Activists from the left-wing Bayan Muna and Akbayan and lawyers of the Integrated Bar of the Philippines and other bar associations joined the protesters. A parallel anti-Estrada rally occurred in Makati. Several icons from the music industry came and entertained the vast crowds.

Day 3: Jan. 19, 2001: The PNP and AFP withdrew support for Estrada, their Commander-in-Chief. Their officials joined the crowd at the EDSA Shrine. By 2 pm, Estrada appeared on TV for the first time time since the start of the protests and said he would not resign. He claimed he wanted the impeachment trial to proceed, saying only a guilty verdict would remove him from office. By 6:15 pm, Estrada appeared on TV again and called for a snap presidential elections to be held concurrently with the midterm elections on May 14, 2001. He claimed he would not run.

Day 4: Jan. 20, 2001: By 12:30 pm, Gloria Macapagal-Arroyo took her oath as president before Davide before the EDSA crowd. At the same time, a huge anti-Estrada crowd gathered at the Mendiola Bridge near Malacanang. There was heckling between the anti and pro-Estrada crowds there but police there stopped its escalation into violent confrontation. By 2 pm, Estrada released a letter saying his "strong and serious doubts about the legality and constitutionality of Arroyo’s proclamation as president." In that same letter, he refused to give up his office to allow for national reconciliation.

Later, Estrada and his family evacuated Malacañang Palace on a boat along the Pasig River. They were smiling and waving to reporters and shaking hands with the remaining Cabinet members and Palace employees. He was initially placed under house arrest in San Juan, but was later transferred to his rest home in Sampaloc, a small village in Tanay, Rizal.

***

CONSTITUTIONALITY ISSUE

ESTRADA’S ouster and Gloria Macapagal Arroyo’s oath-taking to take over the presidency was the subject of two questions raised before the Supreme Court asking the constitutionality of the twin moves. On Mar. 2, 2001, the Supreme Court upheld the constitutionality of Estrada's resignation in a unanimous 13-0 decision in Estrada vs. Desierto.

The ponencia of Justice Reynato Puno sustained the admissibility of the Angara Diary. Relying heavily on a diary published in a newspaper, a press statement issued after Arroyo”s  oath taking, and the departure of the Estrada family from Malacañang Palace after the oath taking, the Court concluded that President Estrada had resigned.

In the April 3, 2001 resolution, the Court enumerated prior events that built up the irresistible pressure for President Estrada to resign:

1) the expose of Governor Luis Singson on Oct. 4, 2000;

2) the “I Accuse” speech of then Senator Teofisto Guingona in the Senate;

3) the joint investigation of the speech of Senator Guingona by the Blue Ribbon Committee and the Committee on Justice;

4) the investigation of the Singson expose by the House Committee on Public Order and Security;

5) the move to impeach President Estrada in the House of Representatives;

6) the pastoral Letter of Archbishop Jaime Cardinal Sin demanding Estrada’s resignation;

7) a similar demand by the Catholic Bishops’ Conference of the Philippines (CBCP);

 8) similar demands for Estrada’s resignation by former Presidents Aquino and

Ramos;

9) the resignation of then Vice-President Arroyo as DSWD Secretary;

10) the resignation of the members of the Presidential Council of Senior Economic Advisers and of DTI Secretary Mar Roxas;

11) the defection of then Senate President Franklin Drilon and House Speaker Manuel Villar and 47 representatives from the President’s LAMP coalition;

12) the transmission of the Articles of Impeachment by Speaker Villar to the Senate;

13) the unseating of Senator Drilon as Senate President and of Representative Villar as Speaker of the House;

14) the impeachment trial;

15) the testimonies of Clarissa Ocampo and former Finance Secretary Edgardo Espiritu in the

impeachment trial;

16) the 11-10 vote of the senator-judges denying the prosecutor’s motion to open the second

envelope which allegedly contained evidence showing that Estrada held a PhP 3.3 billion deposit in a secret bank account under the name “Jose Velarde”;

17) the prosecutor walk out and resignation;

18) the indefinite postponement of the impeachment proceedings to give a chance to the House of Representatives to resolve the issue of resignation of their prosecutors;

19) the rally in the EDSA Shrine and its intensification in various parts of the country;

20) the withdrawal of support of then DND Secretary Orlando Mercado and the chiefs of all the armed services;

21) the same withdrawal of support by then PNP Director General Panfilo Lacson and the major service commanders;

22) the stream of resignations by Cabinet members, undersecretaries, assistant secretaries and bureau of the President during the events that led to his fall from power.

‘AUTHORITATIVE WINDOW.’ This statement alone has given rise to criticisms against the Court’s reasons. According to then Sen. Francisco Tatad, for the Court to claim that the diary was an “authoritative window on the state of mind” of the President was to assume a power not granted to it by law by Providence or by its professional expertise. Psychology - especially one practiced at a distance - is not the Court’s field of competence, he said. On Sept. 12, 2007, Estrada was found guilty of plunder beyond reasonable doubt by the Sandiganbayan, Philippine anti-graft court, and sentenced to life imprisonment. Arroyo pardoned him on Oct. 25, 2007.

The international and local reactions to the change of leadership were mixed. Some countries, particularly the U. S, its chief ally, immediately accepted and recognized the legitimacy of Arroyo's presidency. Other nations took distance because they noted that it was a “de facto coup.” Only the Supreme Court decision seemed to appease the criticisms, as it said that "the welfare of the people is the supreme law."

Estrada’s immediate predecessor, former President Fidel Ramos, while accepting the change of leadership, averred that changing presidents should not be the emerging dominant political culture in the country. There should be stability in a president’s tenure even if there are serious disagreements in his leadership, he said.

***

‘EDSA TRES’

SUPPORTERS of deposed President Joseph Estrada initiated a seven-day nightly protest actions on the same historic highway that led to two previous leadership changes. From April 25 to May 1, Estrada’s supporters of several hundreds or thousands protested nightly along EDSA for his ouster. Their nocturnal protest actions culminated on May 1, 2001 in a nearly ten-kilometer march to Malacanang. It led to a riot that bordered on a black comedy.

Taking place four months after the fateful EDSA Dos, the nocturnal protests were more populist when compared to the previous protest demonstrations in the same location in Jan., 2001. The protests and attacks on Malacanang, however, failed in their objectives to unseat Macapagal-Arroyo and restore Estrada to power. Participants claimed it was a genuine People Power revolt, a claim disputed by the participants and supporters of EDSA Dos.

Then President Gloria Macapagal Arroyo acknowledged the divisive nature of the two uprisings.  “EDSA Tres,” as climax of events a few days before its occurence, probably started on April 24, 2001, when the Sandiganbayan ordered Estrada’s arrest, his son Jinggoy Estrada, then San Juan mayor, gambling consultant Charlie "Atong" Ang, and lawyer Edward Serapio over charges of plunder and graft. As early as 6:00 am of the following day, about 300 police officers stood to arrest Estrada. The police officers were headed by then PNP chief Leandro Mendoza along with soldiers from the Philippine Marine and the PNP Special Action Force in seven vehicles and five buses.

About 2,000 loyal supporters of Estrada went to Estrada’s Greenhills residence in San Juan to block the arresting police and military men. The PNP were claimed to forcibly airlift Estrada if the arresting officers could not enter the subdivision, as his loyal supporters blocked them with human barricades. At 2:00 pm, the situation between police and supporters became tense when anti-riot personnel approached the human barricades. At first, they withdrew but by 3 pm, the police aborted the operation as the Sandiganbayan did not issue the warrant for Estrada's arrest.

The Sandiganbayan issued the arrest order at noon of April 25. By 3:00 pm, court-appointed sheriff Ed Urieta with support from 2,000 police officers, and Philippine Marine soldiers served the arrest warrant.  The arresting team took the two Estradas to a detention center at Camp Crame. After Estrada and son Jinggoy were processed and put into a cell, Estrada released a statement maintaining his innocence and denouncing the Arroyo government's efforts to persecute him as a "violation of his human rights," calling Filipinos to "witness this denial of justice and mockery of the Bill of Rights." These pushed his supporters to conduct the week-long nocturnal protest actions.

On the night of April 30, the nightly protest action turned violent, as anti-riot police fired warning shots and tear gas on the protesters. The protesters, probably high on illegal drugs, marched to Malacanang, but failed to get inside of the Palace. A riot ensued between the protesters and the combined contingents of police officers and Presidential Security Battalion, culminating in many injuries and death for two police officers.  The May 1 march to Malacanang appeared to be an insurrection to remove Arroyo from the presidency and reinstate Estrada.

Protesters torched broadcast vans of ABS-CBN, while other protesters attacked the police and soldiers with rocks, sticks, and pipes. The police and military forces withdrew their "maximum tolerance" policy, while Arroyo declared a state of rebellion in Metro Manila and arrested leaders like Enrile, but the court released them on bail.

She lifted the notice of rebellion on May 7, 2001, as the supposed insurrection fizzled. Unlike EDSA Uno and EDSA Dos, EDSA Tres was characterized by destruction and vandalism of public utilities, torching of media equipment particularly ABS-CBN’s , and attacks on stores along protest march routes.

EDSA Tres critics argued it was not a major protest, although it was patterned from the two EDSA past upheavals. It failed, plain and simple, as it did not generate the support of a critical mass of citizens to remove a sitting president. It was not a political upheaval to advance the cause of democracy in the country. On the contrary, it was intended to protest the selfish agenda of a scandal plagued government of Joseph Estrada.

Septuagenarian Notes: CHAPTER 7 'EDSA DOS,' 'EDSA TRES' (First of Two Parts)

NOTA BENE: I'm now in the finishing stage of my second book titled "BUMPS Fifty Years of Dictatorship and Democracy in the Philippines (1972-2022)." Writing my second book is quite bloody because of so many details I have to encapsulate in a single book. I hope to finish it by November. The first part discusses how Erap Estrada came to power. It also says how Erap quickly used his presidential powers to facilitate the sale of PLDT to Indonesian interests led by the Salim family. It should be made clear that MVP is only an employee of the Salims. 


Chapter 7 EDSA DOS, ‘EDSA TRES’

 “If you want to rebel, rebel from inside the system.That's much more powerful than rebelling outside the system.” - Marie Lu, “Legend”

 “The greatest and most powerful revolutions often start very quietly, hidden in the shadows. Remember that.” - Richelle Mead, “Vampire Academy”

 “Those who make peaceful revolution impossible will make violent revolution inevitable." – John F. Kennedy

 

ALTHOUGH movie actor Joseph Ejercito Estrada, a former city mayor, senator, and vice president, won overwhelmingly over presidential candidates Jose de Venecia, Raul Roco, Renato de Villa and a host of minor candidates in the 1998  presidential elections, his political victory did not sit well with critical sectors, which sneered on his official competence to lead the nation. Weeks after he was sworn into office, critics surreptitiously launched what could be regarded a destabilization campaign, dubbed as the “Operation Donald Duck.” The campaign involved a negative campaign to put him on the defensive by showing his incompetence, demonstrate his weaknesses for women, money, gambling, and every conceivable vice, and highlight his hard drinking ways. It was a sequel to the dirty political campaign of the 1998 elections. It fairly gained ground to put him on the defensive.

Operation Donald Duck was said to have been concocted by political operators of alleged allies of then Vice President Gloria Macapagal Arroyo and the so-called “perfumed elite crowd” based in the Makati central business district. They spoke condescendingly of Estrada. The alleged agenda was to destabilize his government with the aim to seize political power when he allowed weakness to handle the series of destabilization moves and negative campaign.[1]

Proponents of the Operation Donald Duck destabilization project knew Estrada’s weaknesses. He possessed an inordinate vulnerability for money because he was said to have been supporting at least three other families aside from the families with legitimate spouse Eloisa Pimentel and long-time paramour Guia Gomez, a former actress. Estrada was said to have been leading an epicurean lifestyle. He was notorious for his hard drinking ways during those days.

Moreover, Estrada did not possess the work ethic for public service. As a public official, he hardly read and studied the burning public issues. He delegated the presidential works to his subalterns. By 6 pm, he opted to start his drinking sprees with friends and it could last until wee hours of the morning. Because he was hard on the bottle, but soft on his job, Estrada had no deeper understanding of the works and processes of his office. Hence, his critics attacked him for his weaknesses. [2]

‘DEAL OF THE CENTURY.’ Although Estrada occupied the presidency for only 30 months, as he was unceremoniously kicked out of Malacanang in the fateful people’s revolt, dubbed as “EDSA Dos,” in 2001, Estrada gained global notoriety for using his presidential powers reportedly to consummate by force the “deal of the century.” Estrada was known for what he did to the Philippine Long Distance Telephone Company (PLDT), the telecommunications monopoly giant. Two months after he assumed the presidency in 1998, Estrada forcibly facilitated the sale of PLDT to First Pacific Company, Inc., the Hong Kong based investment firm owned by the Salim family of Indonesia.

The much ballyhooed PLDT sale to First Pacific Company Ltd. of the Salims constituted a bump on the road to democracy because it typified the use of presidential powers for private gain. Furthermore, it favored a foreign firm to the detriment of legitimate local capital. It triggered diminished business confidence in the country, as its forcible sale constituted a bypass of the constitutional limit on foreign equity on public utilities. Moreover, the sale exposes the inherent political weakness to protect the local industries from foreign encroachment. The deal went to show that even the incumbent president woud not hesitate to use his political power  to favor foreign interest to the detriment of local business.

Neither the Cojuangcos, who represented the majority shareholders, nor the Yuchengcos, the minority shaholders, were willing to sell their stakes at PLDT. They were forced to sell whatever they possessed to First Pacific in the forcible takeover. Estrada handed the PLDT majority shareholdings on a silver platter to the Salims, the patriarch of whom – Soedono Salim – was widely believed and perceived to be a crony of Suharto, the erstwhile Indonesian strongman.

Estrada functioned as the unofficial broker in that deal, as he was said to have pressured the family of Antonio Cojuangco to sell their majority shareholdings in PLDT to First Pacific. In exchange, Estrada was alleged to earn a commission that ranged between P1 billion to P3 billion in 1998, according to a claim of the late Perfecto Yasay Jr., a former Securities and Exchange Commission (SEC) chair and foreign affairs secretary during the term of Rodrigo Duterte. He also pressured the late Alfonso Yuchengco, a minority stockholder, banker, and insurance entrepreneur, using his presidential powers to force his family to sell their shareholdings to First Pacific. He was said to have used police and gangsters to intimidate the Yuchengcos to submit to his dictate.[3]

POLITICAL CATACLYSMS. The 1997 Asian financial crisis led to political cataclysms in Indonesia, forcing strongman Suharto to relinquish power. Indonesians burned villages, looted houses, and resorted to violence particularly on the  ethnic Chinese. The Salims were Chinese migrants, who adopted indonesian names. Patriarch Soedono Salim was perceived a crony of Suharto, after he created the noodle monopoly there. Desperate to transfer their wealth elsewhere due  to the lingering political problems, the Salims, through acolyte Manuel V. Pangilinan, or MVP, their trusted executive, worked to transfer their investments to the Philippines.

The First Pacific takeover of the PLDT would not have happened without Estrada’s intercession. Rigoberto Tiglao, an ex-journalist and state official under the Arroyo government, and now a perceived pro-China newspaper columnist said: “Without President Estrada, the only Philippine president impeached in Congress and then toppled by the ‘parliaments of the streets,’ the Indonesia tycoon Salim could not have taken the country’s biggest telecommunications firm, which became his platform for building his public utility conglomerate in the country. His intercession was so crucial that it is not an exaggeration to call the surrender of the country’s biggest telco to Indonesia, the Estrada-Salim takeover.”

Tiglao said PLDT’s acquisition of the controlling interest in PLDT was “indisputably the fastest and most secret acquisition” of a major firm in the country’s business history. It was completed in five months in 1998 at a time when the entire Asian financial market was in a major crisis. According to Tiglao, First Pacific had $900 million in cash to make “crisis-created bargains.” It had the money after First Pacific sold its Amsterdam-based Hagemeyer and three other firms. It also sold for $400 million its Pacific Link to Vodafone.

Said Tiglao: “That was certainly a clever move for any magnate during a crisis period to convert his conglomerate assets into cash. However, some say it could have been to put Salim’s assets away out of reach of Indonesian post-Suharto authorities, which had claimed that the conglomerate owned the government $5 billion, and moved to take over Salim’s firms in payment for this big debt.” Moreover, it was viewed as the start of moving the First Pacific money to public utilities firms, which are more stable and profitable than in another field.

Tiglao said: “Nothing of its scale occurred even during martial law, and the $749 million First Pacific spent for the buyout dwarfed Marcos’ associate Eduardo Cojuangco ‘s and the coco-levy funds’ $200 million (equivalent to $328 millon in 1998) of San Miguel shares from the Ayala and Soriano oligarchs. The big difference between these two corporate takeovers in Philippine business history is that the Ayalas and Sorianos voluntarily offered to sell San Miguel shares to Cojuangco.”

Tiglao continued: “In contrast, President Estrada threatened a major, though indirect, stockholder of PLDT, Alfonso Yuchengco, to sell his shares to Indonesian First Pacific and to give up his right of first refusal as contained in PTIC’s corporate by-laws, which entitled to counter any offer to buy the firm’s shares. There is hardly any doubt that banking taipan Yuchengco with his own resources and his many allies in the Chinese-Filipino business community could have easily raised the funds to counter First Pacific’s plan to acquire PLDT.” But this was an assertion that was not necessarily backed by facts. Many Chinese-Filipinos do not exactly go into big ticket investments without a corresponding assurance of solid returns on their investments.

ENTER MARK JIMENEZ. Enter the not-so-hidden card: Mark Jimez, the obscure Spanish-speaking Filipino businessman, who was alleged to have earned a fortune by selling computer equipment in Latin America. Jimenez, who was Mario Batacan Crespo in real life but adopted his new name when he migrated to the U.S., returned to the Philippines after he was indicted in the U.S. for tax evasion and illegal campaign contribution charges to the Democratic Party, specifically to the Bill Clinton presidential campaign. Using his fabled wealth, Jimenez easily gained access to the powers that-be. Estrada invented a title for him; Presidential Adviser for Latin American Affairs, although it was not exactly known if he gave advice to Estrada, or how he helped Estrada to gain diplomatic headway in South and Central American countries.

According to Tiglao, the deal would not have been consummated without the participation of Jimenez, who served as the broker. It was Jimenez, who suggested that Estrada would get a higher commission from the deal. Estrada did not waste time to acknowledge Jimenez’s capacity to broker a deal. He empowered him to talk to Pangilinan  and consummate the deal. It was an astounding success and Jimenez, now deceased, was said to have closed the deal to Estrada’s satisfaction. Because of his feat, Estrada described him as “corporate genius.”

This was an issue of unimaginable horror not only in the business community but the nation as well. Estrada’s concept of what could be regarded a corporate genius was a mere fixer, or broker, if a kinder word is used. Jimenez did nothing extraordinary in business like the way Henry Ford made automobiles, then a nascent technology, affordable for ordinary wage earners. He was no Bill Gates or Steve Jobs, who ushered the world into the modern digital era. Jimenez was no Andrew Carnegie either, who ruined his fiercest competitors to become the richest man of earth of his time, but gave his fabulous wealth to become “the father of modern philantropy.” Estrada’s limited mind could only confer the word “genius” to a fixer.

Jimenez did not put up something extraordinary to be described as a somebody, who performed a feat, or  something pivotal in the economy. He brokered an important  deal for the existence of the Salims because they had to transfer their wealth away from the prying eyes of Indonesian authorities, who wanted them to pay their debts, and Estrada, who wanted to earn a fortune out of his presidential powers at that time. It was the selfish side of Estrada to settle for the money, which, from all indications, constituted what could be regarded a lump sum for his retirement when he bowed out of the presidency in 2004. Estrada never denied the deal, although he denied he engineered it and earned a fat commission from it.

Press reports said First Pacific Company, Ltd. announced it took control of PLDT after it bought the controlling interest for a total of of $749 million, or P29.7 billion, the biggest ever buyout in the country’s business history. Of the amount, First Pacific paid $552 million for the 52.7% of the shareholdings in Philippine Telecommunications Investment Corp. (PTIC), the holding firm which the late PLDT patriarch Ramon Cojuangco set up to control PLDT.  PTIC, during those days held 21.5% of PLDT, as it was the biggest bloc of stockholdings. Hence, the Cojuangcos controlled its management. The family of Antonio Cojuangco held 44% of PTIC, while Yuchengco had 7.7% and corporate lawyer Antonio Meer, 3%.

Also on Nov. 24, 1998, Metro Pacific Asset Holdings Holdings, Inc, a firm owned and controlled by First Pacific Company Inc. purchased from former Ambassador Alfonso Yuchengco and Y Realty Corp., a company owned and controlled by the Yuchengco Group a total of 18,720 PTIC shareholdings worth P2.61 billion, according to Tiglao. Both the Cojuangcos and the Yuchengcos considered as “hostile” the First Pacific’s takeover of PLDT, but in the end, the two business families relented because Estrada used his presidential powers to twist their arms into submission. Estrada did not let the chance to earn a fortune to slip by inaction. He was proactive to ensure the consummation of the deal.

The buyout of PLDT in 1998 and Meralco in 2008 has put First Pacific on solid ground. It has bruited out that it was the way for the Salims to launder the loot they gained by close association with Suharto. Estrada was their convenient partner. In the absence of stiff laws against money laundering at that time, Estrada could not be pinned down. He was accused on a different crime and kicked out of power in a people’s revolt. (to be continued)

Wednesday, October 23, 2024

Septuagenarian Notes: CHAPTER 2 EJKS NARRATIVES (Last of Two Parts)

 CHAPTER 2 EJKS NRRATIVES (Last of two Parts)

Continuation:

PROVEN SYSTEM. Thelmo told Aurora not to worry. In his way of reassuring her, Thelmo told her that he knew of what he described a proven system to dodge drug tests, escape the prying probers’ eyes on the drug issue, and come out clean. He claimed that by refraining from taking drugs and drinking more water for two weeks before a scheduled drug test to get a driving license, he would come out clean and get his license. It was proven in his case, he told her. He wore a bracelet with Duterte’s name on it and elected Duterte, who was nicknamed “The Punisher,” in the 2016 presidential elections. A month after Duterte was sworn in, Thelmo disappeared. Aurora searched three police stations in Caloocan City but to no avail. She went to funeral parlors and on the fourth parlor, she saw Thelmo’s lifeless body.14

The police version said police officers responded to reports of gunfire at  around 3 a.m. on Aug. 1, 2016. They found Thelmo’s body dumped by the side of the road, his face wrapped in masking tape. He was found with three sachets of suspected shabu and a placard in Filipino that read: “I am a pusher, do not copy me.” According to the Reuters account, police reported that Aurora told them on Aug. 2 that Thelmo was “involved in illegal drug activities,” and that she had refused an autopsy and an investigation into his death.

Aurora told Reuters she did not speak to any police officer or investigator after Thelmo died. She claimed she was not aware of the contents of the police report. Neither was she provided a copy of the waiver she signed at the funeral home either.  A mortician in the funeral parlor advised her to place bronchopneumonia as the cause of death on her husband’s death certificate. An autopsy could mean an expenditure on her part. She acceded because she did not have the money for an autopsy. It was ironical that when Dr. Fortun did a forensic examination on his exhumed body, the bracelet with “Duterte for President” fell on the floor, according to the Reuters account.

 ***

PROFOUND EXAMINATION

THE Reuters investigative report gave a profound and incisive examination of the phenomenon where the families of victims of extrajudicial killings received death certificates that did not say the EJK victims were victims of violence inflicted on them by state police forces and unnamed vigilante groups. Reuters said: “The official death certificates of at least 15 drug war victims did not reflect the violent manner in which police and family members said they died. Those death certificates said the deceased had succumbed to natural causes such as pneumonia or hypertension instead of saying they were shot.”

The investigative report prepared and authored by a trio of print journalists composed of Eloisa Lopez, Karen Lema, and Clare Baldwin cited the unpublished findings of Medical Action (MAG), a Manila-based group of medical professionals, which took a look on the death certificates of 107 cases, whose families told the group their relatives died of injuries, mostly gunshots. Majority of those death certificates issued during the height of the bloody but failed war on drugs between July 2016 and June 2019 either cited natural causes or used “vague terminology” in citing the causes of death, according to Reuters, citing the MAG’s audit and findings. In some instances, whoever prepared the death certificate had left it blank, it said.

According to the Reuters report, the death certificate should have accurate details to serve as a barometer of the actual death toll of the anti-drug war. Moreover, they could serve as bases for taking legal actions against its perpetrators, it said. But Reuters said it could establish “whether discrepancies in the death certificates it reviewed were intentional, the result of mistakes by the health officials who completed them, or the byproduct of shortcomings in the nation’s death reporting system.” It acknowledged what it considered “widespread problems with the country’s death investigations and record keeping.” These issues were around ever before Duterte came into power in 2016.

Sophia San Luis, a lawyer whom Reuters said studied the country’s process of investigating and registering deaths, cited what she said “long-standing vulnerabilities and poor standards.” No mandatory training for health officials tasked to certify deaths has been established, said, while doctors, who sign death certificates, are not required to examine the bodies, even for patients they don’t know and have never treated. Instead, physicians can turn to relatives of the deceased to provide a cause of death, a practice known as “verbal autopsy,” according to guidelines by the country’s Department of Health. In brief, the system could be regarded as loose. The rules are not definite and well established.

GRIEVING RELATIVES. The Reuters account said: “Some funeral homes have grieving relatives sign in-house waivers attesting that their loved ones died of natural causes. Three people familiar with the system described it variously as a way to save poor families the extra expenses associated with an autopsy, and a way for funeral homes to shield themselves from potential complaints or legal troubles in the event relatives later end up challenging the cause of death listed on the official death certificate.”

“The system is just so weak,” conceded San Luis, who is the executive director of ImagineLaw, a public interest law practice group. ImagineLaw documented deficiencies on how unnatural deaths were handled here in a 2020 report commissioned by the Department of Health. Separately, the law firm in a 2017 report found problems with how the country collects and records vital records such as death certificates.

“You have doctors staking their reputations, names, licenses, falsifying death certificates.” This was the stand of Dr. Raquel Fortun, forensic pathologist at the University of the Philippines Manila, as she publicly assailed the procedures for investigating deaths. She did not mention names of those health workers. The forensic pathologist said she has found gunshot wounds, fractures - even bullets in the nearly four dozen sets of remains she has examined so far. Trauma was not reflected in the death certificates, although she found it common in the cases she handled. At a press conference in April, 2022, she criticized medical doctors, who mentioned and signed death certificates that mentioned natural causes. She did not say if these wrong entries in the death certificates were attempts by authorities to cover up war drug judgments.

FORENSIC PATHOLOGIST. Dr. Raquel Barros del Rosario-Fortun is the doctor regarded as the first forensic pathologist in the Philippines. A feature article about her in a UP publication said she took up primary and secondary education at the University of the Philippines Integrated School. She completed a psychology degree to guarantee employment, but changed her mind to take up a medical course three years later, it said. She was not accepted at UP, prompting her to go to the University of the East Ramon Magsaysay (UERM) College of Medicine, graduating in 1987 and completing post-internship in 1988. She began residence training in anatomic and clinical pathology in 1989 at UPCM, where she was also made instructor, the article said.15

According to the article, Fortun took and passed the law aptitude exam of the UP College of Law (UP Law) twice, in 1989 and 1993. UPCM just advised against the pursuit in 1989 because it was her first year of residence. “Passing twice, I thought I might have an aptitude for law after all,” the article said quoting her. Recounting her law experience, she said: “I quit! After 10 days, maybe 2 weeks, I just quit! This is so embarrassing, but that’s what happened. Law wasn’t for me.” She comes from a clan of lawyers. It said she found the discipline of law “too abstract” for her, unlike medicine, which is “concrete and tangible.” The patient either dies or gets cured, so to speak.

The featured article said that she learned about forensic pathology from one of her seniors at the Department. It quoted her: “I realized it was probably what I was looking for: the field of medicine, particularly pathology, applied to law. The tangible applied to the abstract.” She went in 1994 to Seattle, the main city in the state of Washington in the northwestern part of the United States to train at the King County Medical Examiner’s (ME) Office. “My first day there, I fell in love with forensic pathology. That was it. I knew it was the field I was meant to be in.” She had the stomach for it, too —dead bodies, whether fresh or decomposing, with maggots or reduced to skeletal remains, the article said.

But it came at great sacrifices and heartaches. Raquel vividly remembered the day she left, the article said. It was a Sunday. She and her husband Vincent, an obstetrician-gynecologist, left their three-year-old daughter Lisa playing at her paternal grandmother’s place. Raquel cried so hard the night before that she almost didn’t want to leave. “It was very difficult.”

HOMESICK. When she wasn’t examining bodies and collecting evidence at the ME’s office, Raquel would feel terribly homesick. She racked up a massive bill on overseas calls in her first month and was forced to cut down—ten minutes on Saturdays, it said. She thought things would be easier when she returned. “It was like my daughter didn’t know who I was. That hurt.” Raquel feared her one-year absence may have caused trauma on Lisa. “What have I done?” she asked herself many times, according to the article.

Professionally, she was full of enthusiasm for what she had learned. “But there was no solid practice for a forensic pathologist here. I’ve seen the ideal and I wanted us to be at par with the international standards.” That desire for improvement, however, was not welcomed by some in the medical field and government, it said. “We didn’t have a death investigation system here that was fully state-funded and independent from law enforcement. We didn’t have medical examiners or coroners, and medical investigators. We still don’t. Have I cried over this? Yes, out of sheer frustration at how death investigations were being done.”

Yes, forensic pathology was an underdeveloped discipline in the Philippines. Although we need it, it has not been given ample attention by medical and political authorities here. Google said: “The forensic pathologist is a subspecialist in pathology, whose area of special competence is the examination of persons, who die suddenly, unexpectedly or violently. The forensic pathologist is an expert in determining cause and manner of death. A post-mortem examination is performed by a medical examiner or forensic pathologist, usually during the investigation of criminal law cases and civil law cases in some jurisdictions.

LUCRATIVE. Forensic pathology could be a lucrative field if Fortun chose to work abroad. But she stayed to work here mainly because she was happier to be working here. The article said she tried to work elsewhere, but chose to stay at UP: “But I wasn’t happy. I realized it wasn’t about the money. UP has an environment that’s hard to find elsewhere. I am free to speak my mind. The students are very intelligent. The interaction with my colleagues is great.”

Raquel was consulted on several cases, some of which were high profile and controversial: the  1995 Ozone Disco fire, the Dacer-Corbito case, the Asian Spirit tragedy, the Maguindanao massacre, and the death of Ted Failon’s wife, Trina Etong. Her reputation as a forensic expert grew, but it has a trade-off. She earned enemies, according to the article. She said: “Evidence doesn’t take sides. It is what it is. If you don’t like what it tells you, that’s not my fault. I just call it as I see it. That’s how science works.”

According to the article, Fortun clarified that she never claimed to be an all-around forensic expert. It said: “Forensics involves a lot of disciplines. Mine is forensic pathology. Although my training has exposed me to other forensic aspects of death investigation, I always defer to experts in other forensic fields. I know my limitations.”

Lately, she was asked about the death of National Democratic Front peace consultant Randall Echanis, and the murder of radio journalist Percy Lapid. "I chose to specialize in a field which is underdeveloped and misunderstood in this country. It has been quite a challenge battling ignorance," she said.16

***

OTHER EJKS

THE list of EJKs seems endless, as numerous incidents went unreported for a variety of reasons. The most plausible reason is that traditional media is basically limited in its resources and capability to cover as many incidents as possible. Newspapers and magazines, both print and online, have limited trained manpower. They can only cover a slice of reality – or what was really taking place. As a flurry of EJKs had cascaded, mass media, including social media, had found itself in a very peculiar situation.

The situation had evolved into a weird one, where no matter how the mass media bit those EJKs, it could only chew so much. Mass media could never get the entire national situation, but only a slice of it. Mass media had fallen a victim of its weakness as an institution deeply committed to reporting what was true. It could not. There was no way mass media could cope with daily incidents reaching to a situation, where its resources were spread too thinly.

The case of Winifredo “Dado” Nadres was worthwhile to mention. On May 21, 2017, or almost a year after Duterte was sworn into the presidency, a group of eight police officers, all in civvies, dragged Dado, 48, out of their house in North Caloocan City and, in front of his brother Alfredo, they shot him dead. Just like in any other cases of EJKs, police claimed the frequent and worn out “nanlaban” (he fought back) narrative.  It was never reported in any mass media outlet, and not even in social media. His family suffered in silence, as family member could turn virtually to nobody.

Nadres was a person with disability (PWD). He had psychological issues. He was a roaming “taong grasa,” or a dirty vagabond, when his family recovered and took him home. Police claimed he fought back with a .45 caliber handgun. His family could not believe the police claim because of his disability. But police stuck to their claim. It was also claimed that police tortured Alfredo. They took his cellphone and asked him to identify the persons, whose photographs were in the cell phone. They took his cellphone and his money.

MAGIC PASSWORD. The case of Gerry Doriman was quite different. Sometime in the second quarter of 2017, police officers belonging to the Police Station 6 at the Batasan had purported anti-drug operations in the Payatas community. When police arrested Gerry and his companion named “Loloy,” Gerry’s mother came out of their house and shouted: “INC iyan. Huwag ninyong barilin.” Police spared Gerry and his companion, who also claimed that he was an INC member. The phrase Iglesia Ni Cristo seemed to have a magical power in police ears and it carried weight in the life or death situation of drug targets.

On August 18, 2016, police operatives raided a depressed community in Navotas City and killed Jomel Ejorcadas and two others. Police were looking for a target named Ramil Rarungal. When they could not find him, they assaulted a house and killed the three victims there. This incident has a police report and autopsy of the bodies of the victims. This was unreported in any media outlet. Their families chose to suffer instead.

Also in Navotas City, a case of “palit ulo” seemed to happen. Police raided the house of Victor Verutiao in a depressed community there, looking for his son, Victor Jr. When they could not find him, they vented their ire on the father, whom they shot dead on December 16, 2016. Like the other cases, this was unreported in mass media. Their family did not raise a howl and it died a natural death. Nothing had happened.

The death of Mariano “Banjo” Cielo in a police operation in the Payatas community near the “Payatas Massacre” was a case of overkill. Although unarmed, Banjo Cielo, who was with his girlfriend “Stephanie” at that time, was shot dead with 30 bullets piercing his body in a noontime operation. It was another unreported case and his family did not bother to bring the issue to any forum preferring to suffer in silence.

Riding-in-tandem vigilante agents shot dead Alex Guyala in a daring daytime operation in North Caloocan City on Sept. 3, 2017.  Guyala was then head of a local association of tricycle drivers in the urban poor community. There were theories about his murder but it appeared it was a case of marital dispute with wife Rose Guyala. It was unreported and not much was known about any subsequent probe.

FIFTY TWO CASES. Meanwhile the Department of Justice (DoJ) has released a matrix of information on October 19, 2021 about the 52 cases of war on drug deaths, which it has been allegedly investigating. The DoJ's 20-page document included a summary table of the anti-narcotic deaths, with dates ranging from July 2016 to September 2020. Majority of these deaths were ut into the category of buy-bust operations. It cited the usual narrative of “nanlaban” (he fought back) and police operatives said that “they acted in self-defense after suspects allegedly fired at them.”17

The DoJ report noted that many of the victims tested negative for gunpowder nitrates. One female drug war suspect, the report said, yielded "negative results from latent print," showing that she had not held or used a firearm against the police officers. In another case, the DoJ report said the paraffin test, which is usually taken to determine presence of gunpowder, was done on the firearm itself and not on the suspect, showing sloppy police work and lack of appropriate skills and training of police investigators. The probe also discovered that in several cases, there were no ballistics or paraffin test results, Scene of Crime Operations (SOCO) reports, or autopsy reports on record.

From her prison cell in Camp Crame, then Sen. Leila de Lima issued a statement, calling the DoJ matrix on 52 cases on drug war deaths as evasive theatrics, “too little, too late” and that the time has come for Duterte to face 'truth and consequences' She said the DoJ matrix on 52 cases of drug war deaths was a desperate move to deflect public attention from the ongoing process of the ICC involving Duterte. “It amounts to practically nothing,” she said.18 The matrix came out after the ICC announced on Sept. 15, 2021 that it would conduct a formal investigation of the charges against Duterte. But this is another story.

***

‘SHIT HAPPENS’

LYDJAY Acopio had big dreams for precocious three-year old Kateleen Myca Ulpina, her daughter by Renato Ulpina, a former soldier, construction subcontractor, and live-in partner. She could be a singer like her favorite Regine Velasquez, or  a big movie star like Nadine Lustre. Or she could be a professional white collar worker like a teacher or accountant, quietly earning her keep to defray household expenses. Lydjay felt it was a legitimate aspiration for her to make. There was nothing wrong in the lawful ambition.

But Lydjay’s dreams for her daughter were shattered when Kateleen Myca was killed along with her father Romeo, his assistant, and a raiding police officer in what police described was a “buy bust” operations that occured in Barangay Roxas in the town of Rodriguez (formerly Montalban) in Rizal province on June 29, 2019. Police described Kateleen Myca’s death as a “collateral damage.”19 It was a police operations that went confused and out of control.

The police report said a joint team of the Philippine Drug Enforcement Agency (PDEA) and PNP Intelligence of the Rizal Provincial Command was formed to conduct a buy bust operations on the basis of an intelligence report a day earlier that Renato Ulpina, aka Kato, and Enrique Cawilig, aka, Junior, were engaged in drug trading in the community. By 7:30 am of June 29, 2019, the team of PDEA and police operatives launched the buy bust operations against Ulpina with Police Master Sergeant Conrado Cabigao Jr., acting as the poseur buyer of the illegal drug.

HUMAN SHIELD. Police claimed Cabigao succeeded to buy an unspecified amount of drug from Ulpina, but when Cabigao was about to give the pre-arranged signal to arrest the sellers, Ulpina ran away to the stairs, prompting Cabigao to give chase. The police version, prepared by the PNP Rizal Provincial Command, said Police Senior Grade Ederico Edrick Zalavaria shot and killed Cawilig, who was with Ulpina at that time. At this point, Ulpina fired his gun,  wounding Cabigao, police said. Ulpina ran to the roof, taking daughter Kateleen Myca to serve as his human shield.

A flurry of shots rang out and Ulpina and his daughter fell to the ground. Ulpina was killed. Although he fought, he had a ghost of a chance against the numerically superior team of police officers and PDEA  operatives. The police report said they ”evacuated” the daughter and brought her to a hospital in the Manggahan district, but she died at 1:30 am of the following day. For his part, Cabigao was shot five times and he died too.

***

DIFFERENT VERSION

PARTNER Lydjay Acopio has a different version of what transpired in the morning of June 29, 2019.   In a six-page affidavit she issued, Acopio did not mention any buy bust operation contrary to what police claimed. A number of police operatives came over to their house and broke the jalousies in the first floor to enter their house, she said in her affidavit. She woke up Renato, who said that “it was a raid.”

Acopio said she collected the five kids, including Renato’s two kids by his legal wife, to go down the stairs but, in the ensuing confusion, she left behind Kateleen Myca, who joined her father on the rooftop. Many shots rang and it was surmised that Kateleen Myca was hit by bullets from the police. It led to Ulpina’s desperation.

“Putang ina ninyo! Natamaan ninyo ang anak ko. Magpapakamatay na rin ako (you sons of bitches. You shot my kid. I’ll join her dying too),” Lydjay quotes Ulpina’s shouting those words to the raiding team of Rodriguez  police officers and PDEA operatives. Seconds after those words, Ulpina came out with his blazing gun. Somebody shouted: “May tama si Boss.” Lydjay Acopio later learned that it was Cabigao, who was hit by a bullet, although she was unsure if those bullets indeed came from Ulpina’s gun.

Acopio’s affidavit disputed the police version that Cabigao was hit when he chased Ulpina in a buy bust operation. Since the buy bust operations did not happen, the chase did not happen too. This appeared to be the proper syllogism on the basis of her affidavit. It appeared that Cabigao was hit either by Ulpina or a friendly fire in the heat of the confrontation.

Acopio said that Ulpina introduced himself to her as a former soldier and it explained his knowledge of guns. By the time of his death, she did not know if Ulpina took drugs. But he was not in any way involved in drug pushing contrary to the police claim. There was no negotiation whatsoever during the confrontation. Police appeared bent on killing Ulpina, she said in an interview with the author in a fast food joint in Quezon City.

Police Brig. Gen. Edward Carranza, regional director of the PNP Region 4 Command, issued his July 15, 2019  report, which stood by the earlier police claim that a buy bust operation took place and that Ulpina and his daughter Kateleen Myca, Cabigao, and Cawilig all died in what could be regarded legitimate police operations. Carranza likewise gave a spate of recommendations including the filing of homicide charges against police officers, who fired their guns indiscriminately leading to the child’s death. Excerpts:

 "PSMS Cabigao chased aka Kato and he was still in the stairs when shot by the latter.  He was hit on his neck and right forearm. While PSMS Cabigao was on that blind spot, he returned several shots that hit a.k.a. Kato and the child’s nape and the bullet exited on her cheek. Accordingly, PSMS Cabigao fell on the floor and was hit again on his feet. The other operatives while aka Kato hid himself on the roof. A firefight ensued until the latter fell on the ground lifeless while with five (5) gunshot wounds in his body.”

It added: “Further investigation revealed that aka Kato, whose real name is Renato Ulpina and the deceased unidentified male person were members of the ‘RAGA’ gun for hire group. This criminal group is responsible in the proliferation of illegal drugs and carnapping activities in the area of Rodriguez, Rizal. As a matter of fact, the neighborhood prior to the killing of aka Kato is in unison for the filing of petition to oust aka Kato in their area for their alleged involvement in illegal activities. They were satisfied with the prompt action taken by the local police against aka Kato.”

***

DEATH BY VIGILANTES

KRISTITA Padual, 30, was eating dinner in an open air “turo-turo” restaurant along the 20-lane Commonwealth Avenue, the country’s widest road, in Quezon City, when two motorcycle-riding men in tandem, garbed in black shirts with black bonnets and masks to hide their faces, arrived at the restaurant. That was around 8:30 pm of March 3, 2017.  The back riders quietly aimed their guns at the customers. Shots rang out and two victims fell. Kristita died with her head on the monobloc chair she used, while her body was in a kneeling position. The other victim had his body sprawling on the ground.

Vernie Estanislao, Kristita’s cousin, told the author that a diner seated beside Kristita saw the approaching two motorcycle-riding men in tandem with the back riders drawing guns. She warned “ayan na sila; magtago kayo (here they are; hide).” While diners chose to run away, Kristita ignored her, saying “hayaan mo sila (let them)” and continued taking her dinner. It was her undoing. The first tandem approached and shot her without any word or provocation, while the second tandem shot a guy, who was seated about ten meters away from Kristita. They both died instantly. The assassins were believed to be members of an anti-drug vigilante group because Kristita had no known enemies.

The killers were never identified. Because they were not identified, police did not file any charges against anybody. Neither did police work to find out the identities of the assassins. The two cases of extrajudicial killings (EJKs) died a natural death because police had nowhere to start. It was a theme that has kept on repeating on victims of EJKs by unknown vigilante groups.     

What added to the injury was the aftermath of Kristita’s murder. Her family seemed so poor to give her a decent wake and burial. It took them at least two weeks to raise funds to pay for the services of the police-selected funeral parlor. Even foreign journalists, who visited her wake in pursuit of a story, had to shell out modest amounts to help her burial. Kristita’s death was the subject of feature articles by several publications.20 The articles reported not just the police incompetence to track down her killers, but her family’s difficulties to give her a decent burial.

***

DYNAMICS OF DRUG TRADE

SINCE the Payatas community represents Philippine society, where a big part of the community lives on a level lower than the povery line to keep body and soul together, drug trade there has persisted to have its own dynamics. At least two syndicates or groups control the drug trade in the Payatas community. One group is led by a certain individual, who sports the alias “Muslim” and another group by “Chua.” These drug syndicates have their own organized structures, a coterie of middlemen and runners, who do the peddling, and lawyers, who work for the release of runners, who have encountered problems with law enforcers. Drug lords Muslim and Chua are not known to the community. They do not appear publicly. Their subalterns appear instead for them, creating a mystique in their personae.

The Payatas market is big even for a single controlling trader. Hence, the two groups do not appear to operate in conflict. They tolerate each other to ensure their continued divided dominance of the Payatas market. The kind of meth (shabu) they peddle differ in quality to indicate that they do not get their supply from a single source. A set of police officers protect them and, in most likelihood, they know and tolerate each other. There were times these rival police officers had differing opinions, but they always ended up settling their differences for the peace of the community and continuing drug operations. Hence, drug trade has remained flourishing there. This balance was somewhat disrupted when a number of police officers from Davao City arrived in 2016 purportedly to augment the police forces there. 

The imbalance somewhat put the Payatas-based police officers in untold discomfort because the reassigned Davao City-based police forces had different orders and they came directly from then PNP Director-General Ronaldo “Bato” dela Rosa. The PNP generals, who were then assigned to handle the PNP National Capital Region Command, did not like it because it meant even their orders could be rescinded off especially if they ran counter to dela Rosa’s. As PNP director-general, dela Rosa personally assumed control of the Payatas community especially on issues of EJKs. This was unusual for a PNP top honcho.

Fr. Danny Pilario, one of the four Roman Catholic priests assigned in the Payatas community at the height of the war on drugs in 2016-2017 period, claimed to have watched with combined trepidation and bewilderment the developments of Duterte’s bloody but failed war on drugs there. He claimed to have seen how the loss of breadwinners has devastated many families, which were already living below the marginal level. Because of the government’s refusal and inability to help the families of EJK victims, the local parish of the Roman Catholic Church has formed a non-government organization (NGO) to attend to their needs. The Solidarity for Faith has initiated livelihood projects there to employ family members of EJK victims, teach them employable skills, and keep their body and soul together.

Employed family members of EJK victims sewed clothes, personal protective equipment (PPEs), face masks, disrags, and other disposable items. They were sold to the outside world, providing the wherewithal to enable many families to survive hunger associated with unproductivity and lack of employment. According to Fr. Pilario, they were criticized that the daily income was even below the legislated minimum wage, while they worked for the maximum eight hours of work. But he justified this arrangement, saying that although their daily income did not reach the minimum wage level, their jobs ensured they had food on the table to meet the barest minimum. They did not have to go hungry, he said.

VATICAN TWO. Fr. Daniel Franklin Pilario is a Roman Catholic priest, who practices what he preaches. He knows and understands the teachings of the Second Vatican Council, which have turned the Church doctrines upside down. From an instrument of the elite before the Second World War, the Roman Catholic Church has come to embrace its role as the defender of the poor and the defenseless. Hence, the phrase “preferential option for the poor” has evolved to become its operational basis. His involvement in the Payatas community is just a manifestation of his increasing role in the majority Church.

Fr. Pilario is a member of the Congregation of the Mission (Vincentians) in the Philippines. He is an associate professor and dean of St. Vincent School of Theology at Adamson University in Quezon City. He was born and raised in Oslob, Cebu province. Fr. Pilario earned an undergraduate philosophy degree at Adamson University, a bachelor’s in theology at the University of Santo Tomas, and a master’s and doctoral degree at the Katholieke Universiteit Leuven in Belgium.

Being trained in theology, Fr. Pilario is a prolific writer of theological issues. His book, “Back to the Rough Grounds of Praxis: Exploring Theological Method with Pierre Bourdieu” (Leuven, 2005), was awarded the Jan en Marie Huyse Prijs of the Leuven Academic Foundation as the best research in the humanities in 2003. He has also written “After the End: Reflections of the Happy Theologian in and on the Rough Grounds (2014), and other monographs.”

He edited or coedited several anthologies. The most recent are The Ambivalence of Sacrifice

(2013); Christian Orthodoxy (2014); Globalization and the Church of the Poor (2015);

Philippine Local Churches after the Spanish Regime (2015); Faith in Action: Catholic Social

Teaching on the Ground (2015); Second Plenary Council of the Philippines: Quo Vadis (2015);

Theology and Power: International Perspectives 2016); Suffering and God (2016); Minorities

(2017); Theology, Conflict and Peacebuilding (2018); Asian Christianities (2018); and Signs of

Hope in Muslim-Christian Relations (2020).

Fr. Pilario belongs to the editorial boards of philosophical and theological journals. Among them

are Hapág: Interdisciplinary Journal of Theology; Sian Christian Review; Concilium: International Journal of Theology; Institute of Spirituality in Asia; PHAVISMINDA; and the International Journal of Philosophy and Theology. He has extensively published in national and international academic journals. His field of research covers fundamental theology, cultural theories and inculturation, liberation theology, theological anthropology, methods of theological research, political-social theory, theology and ecology, Catholic social teaching, and justice and human rights.

Fr. Pilario is also a former President and founding member of DaKaTeo, the Catholic Theological Society of the Philippines. He is a professorial lecturer at universities and seminaries in the country, and regularly ministers at a garbage dumpsite parish in Payatas, Quezon City on weekends.

DISMISSAL. Ma. Lourdes Sereno, viewed by Duterte and his cohorts in and outside of the Supreme Court and his government as a stumbling block to pursuit of their perverted view of justice, was subject to vicious, concerted attacks by the Duterte attacks dogs that led to her dismissal from the Supreme Court by the use of a patently unconstitutional way. Sereno did not contest her 2018 dismissal as the chief magistrate of the Supreme Court, but found another calling as an advocate of social justice and good governance.

Sereno has formed in 2018 the Bawat Isa Mahalaga (B1M), an NGO that seeks to enhance public accountability in governance. Since it takes it roots in the Payatas community, Sereno, a Christian evangelical, has taken steps to organize the orphaned children of EJK victims to make them productive citizens.       

***

‘NIGHTCRAWLERS’

LITERALLY, they crawled at night. Since most EJKs happened at night, when police targets were supposed to be home with their families, some photojournalists established a new routine in their lives. They slept during the day, but were around to shoot the EJK victims at night. They called themselves “The Nightcrawlers.” They were around 15 or so photojournalists in this informal group of Metro Manila-based photojournalists. Some were employed in different news organizations; the rest were freelancers, who contributed their shots to some photo news agencies and news organizations, local and foreign outfits that include online. They were men and women on a mission, which was to document Duterte’s bloody war on drugs.21

The photojournalists were not automatons, who took shots and left the scenes of crime to complete a day of work. They were living witnesses to this dark episode in history. Their cameras were not limited to shooting the dead and victims, but to the living – the grieving widows, family members, relatives, and friends as well. They saw widows and kids, and parents as well especially mothers, crying barrels of tears to express their unmitigated grief over the murder and death of their loved ones. On several instances, they had to contribute a part of their earnings to the families of EJKs to defray funeral expenses.  These families were too poor to give victims a decent burial. These photojournalists were humans too.

PRESSURES OF WORK. The pressures of work during the height of those EJKs in 2016-2017, were simply overwhelming and exhausting by any stretch of imagination, according to Vincent Go, a member of the Manila Nightcrawlers. They shot a minimum of six or seven EJK victims a night to a high of 26. In some instances, the sun was high and boiling, yet they were still on the go to take shots of victims because they were just too many.

On some occasions, they encountered investigating police officers, who, although gave them unprecedented access to shoot, would give them unsolicited snide remarks to emphasize their power of life and death over the victims. While true, their comments were not necessary because their targets were already lifeless, according to Vincent, but, in most instances, their comments were insults to the remaining intelligence of anybody, who care to listen.

They also had to bear unsolicited remarks from police officers, who viewed the photojournalists as “allies” of some leftwing forces that adhere to human rights and even the Commission on Human Rights (CHR), the constitutional body tasked to protect human rights. In these instances, the covering photojournalists refused to answer and dignify their remarks. They offered nothing but stony silence. “Silence was an answer in itself,” Vincent said.

The World Movement for Democracy, an NGO devoted to uphold democratic rights worldwide: said in a fitting tribute to these journalists: “Nightwatchers — a group of photojournalists take the ‘night shift’ to capture and publish images which bring the disturbing reality of Duterte’s war on drugs to light. Since the beginning of the war, Ezra Acayan estimates he has taken photos of at least 500 bodies and attended around 100 funerals. In the absence of publishers willing to print his images, he uses social media to bring awareness to both the dead and those left behind. Ezra, Raffy, and the other Nightwatchers are clear on the message they want to convey: no one should be killed without due process. And as journalists, they believe it is their duty to bring the truth to light.”

Vince Go has chosen to immortalize the “Nightcrawlers” in the following words:

Nightcrawlers of Manila

When Duterte came to power in July of 2016, bodies began to pile up in the streets of [Metro Manila]. The number of those killed or executed was staggering, averaging about more than a thousand a month in the first six months of the Duterte administration.

The killings that [happened] divided the Media in the field. Some were pro, while [others] were against [them]. We were just an informal group of photojournalists from different organizations that saw there was something seriously wrong with the police narratives about the killings and were against extrajudicial killings. We, as a group, did not really call ourselves anything. We were just ordinary journalists doing our jobs. It was in Aug., 2016 when a reporter from the LA Times came to Manila and joined our night coverages. We helped and shared information with him. His story came out late August called “Meet the Nightcrawlers of Manila: A Night on the Frontlines of the Philippines’ War on Drugs.”

We just thought that it was just a way to sensationalize the story and give it a little flare but eventually it was the one that stuck with the foreign media and our local media followed it.”

LUXURY OF SPACE. Standing at almost six feet, Vincent Go has a distinct advantage as a photojournalist. Being tall gives him the rare vantage unlike his shorter colleagues. Vince has the luxury of space to move around his camera to get the best shots of an event or other objects of his photography. It is his devotion to journalism and his craft that have goaded Vince to seek new heights for his chosen career.

Vince did not hesitate to accept probably the most daunting challenge of his career.  He is among the photojournalists, who had decided to cover regularly those victims of EJKs, since 2016. Many photojournalists were called by the call of duty, so to speak, but he was among the photojournalists, who have immediately responded to join the enterprising ones, who hardly hesitated to do their share. Vince likes to believe that he stood at the crossroads of history when his services were called – or when it was most counted. He was never a bystander, he said.

Vince attended the 5 th PCP Photojournalism and Documentary Workshop in 2008. He took advantage of the documentary skills he learned from this workshop to become a fulltime freelance photojournalist and correspondent since 2009. He covered events related to social issues, environment, conflicts and calamities and disasters. He contributed photographs to news outlets like ABS-CBN, Vera Files, and rappler.com, among the local news outfits. His shots also landed in the international news agencies like Xinhua, Reuters, and Agence France Presses. He did assignments for Al Jazeera, SVT, NRK, Axel Springer.

His professional expertise did not escape the attention of what could be regarded as outside parties, which are not necessarily involved in news dissemination. Hence, Vince Go did commissioned works for various NGOs and religious organizations. Since July of 2016, Vince has focused to cover and document the so-called war on drugs.


Endnotes:

1.       For sufficient background information, please read the series of rappler.com:

https://www.rappler.com/newsbreak/in-depth/drug-war-widow-asks-why-rodrigo-duterte-still-free-loved-ones-dead-killed/

https://www.rappler.com/newsbreak/in-depth/pain-lingers-brothers-lost-under-duterte-marcos-jr-administrations/

https://www.rappler.com/newsbreak/in-depth/girl-lost-mother-asks-will-justice-come-duterte-drug-war-victims/

https://www.rappler.com/newsbreak/in-depth/under-marcos-jr-administration-rodrigo-duterte-accountability-drug-war-killings/

2.      In one instance, a riding-in-team of assassins shot dead a suspected drug user. After two minutes, a mobile patrol car arrived at the crime scene allegedly to investigate the assassination. Surprised witnesses could not help the immediate response of police, who are known for their official ineptitude. A police official responded by saying, “huwag na kayong masorpresa kasi kasama rin namin ang mga bumaril (don’t be surprised, the assassins are also our companions). This apocryphal narrative is a totally different story.  Columnist Jarius Bondoc of the Philippine Star, a major broadsheet daily, made sarcastic remarks in his column. Read: https://www.philstar.com/opinion/2023/02/24/2247168/can-police-show-guns-7000-slain-nanlaban

3.      Lawyer Ma. Kristina Conti, secretary-general of the National Union of People’s Lawyers made interesting discussions in an interview with Christian Esguerra in his popular podcast program “Facts First” on Feb. 17, 2023. Watch: https://www.youtube.com/watch?v=wS3euoBJqss

4.      It is worthwhile to mention the case of Zenaida Luz, a human rights activist, who was gunned down on Oct. 9, 2016 by a pair of motorcycle-riding masked men in front of her house in Gloria, Occidental Mindoro. It was described as the first case of extrajudicial killing (EJK), although Luz was not an addict or user. The masked men were police officers, who were and apprehended by citizens there. Subsequent court charges were filed against them but they were acquitted by a Manila court. Please read: https://abogado.com.ph/cops-acquitted-of-killing-mindoro-anticrime-crusader-as-court-finds-testimonies-conflicting/

5.      The author personally met the four mothers of their sons, who were slain by police officers in connection with Duterte’s bloody but failed war on drugs. They voluntarily gave statements to the author. They claimed their statements were no different from the statements they earlier gave to Rise Up!, a civil society group, which forwarded them to the office of now retired ICC Special Prosecutor Fatou Bensouda.

6.      I am greatly indebted to the assistance of Joel Sarmenta, a teacher, former OFW, and an ex- spokesman of the CHR. I had frequent meetings with Joel, who explained and gave leads or follow ups of these incidents on EJKs.

7.      Read: https://www.rappler.com/nation/university-philippines-manila-st-scholastica-college-message-government-natividad-castro-arrest/

8.      Read: https://www.rappler.com/newsbreak/investigative/188904-impunity-series-police-killings-quezon-city-ejk/

9.      This is a common knowledge. The INC supports the war on drugs and the accompanying EJKs. It is unlike the Roman Catholic Church and other Christian denominations that have expressed opposition to the bloody but failed war on drugs.

10.  Read: https://interaksyon.philstar.com/breaking-news/2017/12/22/114232/lone-survivor-of-payatas-birthday-massacre-attributed-to-davao-boys-missing/

11.   Read: https://www.rappler.com/newsbreak/investigative/payatas-drug-war-victim-mother-vows-never-surrender-duterte-exhumation-series/

12.   Read: https://www.reuters.com/investigates/section/philippines-drugs/

13.   Read: https://www.policefilestonite.net/2022/12/09/maliit-na-tagumpay/

14.   https://www.reuters.com/investigates/special-report/philippines-duterte-death-certificates/

15.   https://up.edu.ph/this-doc-sees-dead-people/

16.   https://www.theguardian.com/world/2023/feb/26/they-were-shot-in-the-head-morgue-gives-up-truth-of-rodrigo-dutertes-drug-war?CMP=share_btn_tw16.

17.   https://www.cnnphilippines.com/news/2021/10/20/DOJ-drug-war-review-report-52-cases.html

https://news.abs-cbn.com/news/10/20/21/doj-releases-matrix-on-52-cases-of-drug-war-deaths

18.   https://legacy.senate.gov.ph/press_release/2021/1022_delima2.asp

19.   Collateral damage is widely defined as death or injury to civilians or damage to buildings that are not connected to the military during a war. People say “collateral damage” to avoid saying that “innocent people being killed.” They could be regarded the unintended victims of violent skirmishes.

20.  On Kristita Padual: https://www.cbc.ca/news2/interactives/philippines-drug-war-deaths-kristita-padual/?fbclid=IwAR2YK5HrCtx6eziw5zA5yxeco0GSeV-mjOgTUnnjc8BwCEW0rPER_bOkizk

 21.  https://films.nationalgeographic.com/the-nightcrawlers

https://www.movedemocracy.org/nightcrawlers-photojournalists-philippines

https://www.esquiremag.ph/culture/movies-and-tv/national-geographic-the-nightcrawlers-a1926-20190830

https://interaksyon.philstar.com/trends-spotlights/2019/08/29/154118/national-geographic-philippines-duterte-drug-war/

https://interaksyon.philstar.com/trends-spotlights/2019/08/29/154118/national-geographic-philippines-duterte-drug-war/


Suggested Reference:

https://www.youtube.com/watch?v=qugduxazBBg

https://www.reuters.com/investigates/section/philippines-duterte/

https://www.reuters.com/investigates/section/philippines-drugs/

https://www.philstar.com/headlines/2023/03/17/2252424/tokhang-survivor-who-played-dead-cleared-direct-assault-case

https://www.rappler.com/nation/160105-supreme-court-writ-amparo-anti-tokhang-petition/

https://www.rappler.com/nation/160014-gruesome-tokhang-payatas-quezon-city-petition/

https://www.rappler.com/nation/165479-petition-ca-payatas-body-dumping-probe/

https://www.rappler.com/newsbreak/investigative/188917-oplan-tokhang-efren-morillo-drug-war-payatas-quezon-city/

https://www.rappler.com/nation/190297-tokhang-survivor-forensic-evidence-efren-morillo-drug-war/

https://chr.gov.ph/statement-of-the-commission-on-human-rights-welcoming-the-courts-acquittal-of-efren-morillo-of-direct-assault-charge/

https://www.philstar.com/metro/2017/07/10/1718421/another-murder-rap-tokhang-slay-cop

https://www.rappler.com/nation/160014-gruesome-tokhang-payatas-quezon-city-petition/

https://www.cfr.org/interview/human-rights-and-dutertes-war-drugs

https://www.omct.org/en/resources/reports/ill-kill-you-along-with-drug-addicts-president-dutertes-war-on-human-rights-defenders-in-the-philippines