(2nd UPDATE) Bayan Muna: AFP disgrace seen on SC fight
http://www.abs-cbnnews.com/storypage.aspx?StoryId=71840
Bayan Muna on Thursday said the military and the government will be placed on another embarrassing situation during the oral arguments in the Supreme Court set on Friday for using a "fake" mass grave to pin down Rep. Satur Ocampo.
"Lagot ang military at gobyerno sa oral arguments sa Korte Supreme (The military and the government will be humiliated during the Supreme Court oral arguments)," Bayan Muna secretary-general Nathanael Santiago said in a statement.
"The alleged mass grave blamed on Ocampo is a recycled mass grave. The military tried in 2001 until 2005 to use it against local activists, but their concocted case was dismissed by a local court. Now they obviously transferred the bones, used the same names of alleged purge victims, and resurrected the case in a foul attempt to discredit Ocampo," Santiago said.
Based on documents gathered by Bayan Muna, 1st Lt. Rembert Baylosis of the Army’s 43rd Infantry Battalion filed murder charges last July 18, 2000 against 25 New People’s Army members who were allegedly involved in the killings of suspected government spies.
The case was filed after the military exhumed skeletal remains of alleged government spies from a mass grave in Barangay Monterico, Baybay town in Leyte.
The case was dismissed by the Regional Trial Court in Baybay in January 2005 for lack of probable cause, Bayan Muna said.
Santiago said the military claimed that five of the skeletal remains belonged to victims of the communist movement’s bloody purge.
"Interestingly, five of the alleged victims -- Domingo Eras, Gregorio Eras, Leonardo Eras, Juanita Aviola, and Concepcion Aragon – of purging by the NPA whose skeletal remains were said to have been dug up in Bgy. Monterico, Baybay, Leyte, were the same alleged victims whose skeletal remains were also allegedly found in Mt. Sapang Dako, Inopacan, Leyte," he said.
Santiago said prosecutor Rosulo Vivero, the fiscal who handled the Monterico case, is the same fiscal who filed the case against Ocampo in the regional trial court in Hilongos, Leyte that issued the arrest warrant on the congressman.
"The bones used in the dismissed Monterico case were obviously exhumed and transferred by the military to Inopacan, Leyte, presented to the media as another mass grave, and used to pin down Ocampo in a fabricated multiple-murder charge," said Santiago.
He said the Armed Forces of the Philippines should be ashamed for faking a mass grave and deceiving the public in order to put Ocampo behind bars.
Ocampo was charged with multiple murder charges for his alleged participation in the killing of 65 people, whose bodies were allegedly buried in the Inopacan "mass grave."
The Bayan Muna representative is currently detained at the Manila Police District’s headquarters.
SolGen set for oral arguments
Solicitor General Agnes Devanadera will represent the Philippine National Police, the Department of Interior and Local Government and the Department of Justice in the oral arguments in the SC.
Devanadera is set to present the government’s opposition to Ocampo's prayer for the issuance of a temporary restraining order and writ of preliminary injunction and to reiterate the basis for the issuance of a warrant of arrest against the party-list solon.
In her 80-page comment submitted to the SC, Devanadera said Ocampo committed procedural short cuts. She said "a petition for certiorari under Rule 65 of the Revised Rules of Court can only be resorted to only if "there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law."
"By immediately invoking the Honorable Court's intervention without exhausting the remedies available within the administrative level, petitioner has undeniably breached the doctrine of exhaustion of administrative remedies," Devanadera added.
Joma hits AFP
From The Hague, Jose Maria Sison, founding chairman of the Communist Party of the Philiippines, lambasted earlier allegations of the AFP that some of the political killings in the Philippines were perpetrated by communist insurgents as part of the CPP's internal purge.
The self-exiled Sison referred to the military as "a bunch of fools" and a "clear manifestation of their cowardice."
He insisted that the military was ordered to dig an old cemetery in Leyte and expose what it claims to be "mass grave" of communists killed in the purge to mislead the people from the government’s criminal responsibility.
The military pointed to Sison, Luis Jalandoni, Rafael Baylosis, Randal Echanis and Ocampo as masterminds in the purge that was supposed to have taken place in Leyte in 1985.
Human rights advocates denounced the allegations as "fabricated." Records also showed Ocampo was in detention at the time.
The exiled communist leader also criticized President Arroyo’s Hunger Mitigation Program, saying the P1-billion budget for Food-for School Program might be used for vote-buying for the May elections.
Military harassment confirmed
In a related development, Kilusang Mayo Uno chairman Elmer Labog confirmed reports that there are cases of military harassment among union members under KMU particularly in the town of San Miguel, Bulacan.
He said the military in this conduct general membership assembly of the unions and audit the union's dinances. According to Labog, union members are being forced to join the Barangay Defense System (BDS) which is similar to Citizens Armed Forces Geographical Unit, for fear of losing their loved ones.
BDS gives its members the authority to conduct check points and participate in some of military’s defense program in protecting the town from insurgency. With a report from Raquel Bernal-Crisostomo, ABS-CBN Europe News Bureau
>> klaro au ang pgka desperado sa AFP ug arroyo admin, mu recycle na gud ug patay para lang naay maisampa na kaso!! mga LOSERS!!