SUMMARY OF CHARGES FOR 1st GROUND:
Gross violations of civil and political rights
The following cases or incidents, among others, are or involve willful acts or omissions constitutive of these violations:
Extrajudicial killings of town councilor Fernando Baldomero, a known political activist who was gunned in his house in Aklan; of Italian anti-mining advocate, Fr. Fausto “Pops” Tentorio in North Cotabato; of Dutch lay missioner and anti-mining activist Wilhelmus Geertman who was killed inside his office in Pampanga; of Romeo Capalla, a prominent fair trade advocate and political activist in Iloilo; and urban poor leader Marilou Valle.
Massacres of botanist Leonard Co, Sofronio Cortez and Julius Borromeo; and indigenous peoples’ leaders Eddie, Freedie and Licuben Ligiw.
Enforced disappearances of Negros Occidental farmers Michael Celeste, Gerald Abale and Jully Devero who were abducted by fully armed men identified as members of the RPA-ABB, a paramilitary group under the control of the Philippine military, and who are still missing.
Torture of security guard Rolly Panesa and of minor Nol Baes after he refused to join the paramilitary. Panesa was abducted by the military and police in a crowded street in Quezon City, beaten black and blue, misrepresented as an alleged rebel leader because of a multimillion bounty, and released only after 10 months of intense legal battle.
Illegal arrests and detention of and/or trumped up charges against Negros activists and mass sectoral leaders Zara Alvarez, Romulo Bito-on, Christian Tuayon, Anecita Rojo, and Clarizza Singson, who were included in the charges without being subjected to preliminary investigation as required; peasant organizer Andrea Rosal who was pregnant when arrested based on warrants issued in cases where her name is not included as among the accused and whose daughter died a few hours after birth because of lack of medical attention while in detention; cultural worker and poet Ericson Acosta; scientist Kim Gargar; trade union organizers and activists Randy Vegas, Raul Camposano, Amelita Gamara, Roy Velez, Virgilio Corpuz, Rene Boy Abiva, Ramon Argente, and Nancy Ortega; and peace consultants of the National Democratic Front of the Philippines.
Bombings, threats, harassment and forced evacuation of peasant and indigenous peoples communities in Talaingod, Davao del Norte; Loreto, Agusan del Sur; and in Marihatag, Caraga; Malibcong, Abra; Bondoc Peninsula, Quezon; and Dao, Bukidnon.
Threats and harassments against human rights lawyer Atty. Cathy Salucon who handles cases involving political prisoners with trumped up charges and related case of killing of human rights worker William Buggati, a known political activist and human rights defender from the Cordillera who also served as her paralegal in a case in Ifugao; Canadian exposurist student Kim Chatillon Meunier who attended a human rights forum but was on prevented from the leaving and was detained at the Immigration holding cell before being summarily deported; the similar case of Dutch activist Thomas van Beersum who participated in a State of the Nation Address rally; and of indigenous people’s leaders Genasque Enriquez and Jalandoni Campos.
Violent dispersals of protest actions during the 2012, 2013 and 2014 SONA where protesters were unlawfully prevented from holding their rally in violation of their right to free expression and to peaceably assemble, violently dispersed causing injuries and illegal arrests.
Violations of children’s rights in the extrajudicial killing of eight-year old Roque Antivo from Compostela Valley Province when soldiers fired on them while he and his family were walking home; in the case of the Mancera family massacre; and in the military occupation of schools in Caraga run by religious and branded “schools of the rebels.”
Violations of international humanitarian law during the military operations of the Armed Forces of the Philippines (AFP) in Lacub and Tinneg, Abra; and in Lopez, Quezon.
Denial of due indemnification of Martial Law victims of killings, disappearances and torture in the delisting of numerous plaintiffs from the list of the Hawaii, US court class suit plaintiffs.
Perpetuation of climate of impunity during the previous Arroyo administration by failure to timely prosecute and punish perpetrators of human rights violations like the extrajudicial killing of church worker Benjamin Bayles where it hesitated to provide information as regards the killers and did not conduct a thorough investigation to identify the other military officers involved in the killing. The enforced disappearances of university students Sherlyn Cadapan and Karen Empeno and allowed special treatment to the perpetrator Gen. Jovito Palparan by keeping him under the custody of the Philippine military. In the case of farmer Jonas Burgos, it failed to investigate and indict high ranking military officers involved in his abduction, and allowed a major to be the scapegoat. The abduction/arrest and torture of farmer Raymond Manalo where the perpetrators though already identified, have not yet been indicted, and the case remains pending investigation. The abduction of Filipino-American activist Melissa Roxas where the government has failed to comply with repeated court orders to track her tormentors. The case of the Morong 43 health workers illegally arrested, detained and tortured and whose perpetrators have not been formally charged and are being promoted or assigned to sensitive positions in the military.
SUMMARY OF CHARGES FOR 2nd GROUND:
Gross violations of economic, social and cultural rights
The following cases or incidents, among others, are or involve wilful acts or omissions constitutive of these violations:
Landgrabbing from peasants in Defendant President Aquino’s family-owned Hacienda Luisita, Tarlac (where striking sugarworkers were massacred years back) in which the Stock Distribution Option (SDO) scheme was invalidated and the distribution of the lands to farmers ordered but they are being harassed and dispossessed in connivance with government agencies. In Aurora, peasants and indigenous peoples are being dispossessed of their ancestral domain to give way to the Aurora Pacific Economic Zone and Freeport project (APECO). Also, in Hacienda Looc in Batangas, Hacienda Dolores in Pampanga, and vast tracks of land in San Jose Del Monte. Bulacan, peasants are being evicted and dispossessed of the land they have been tilling for decades to give way to development projects in favour of big developers.
Large-scale and destructive mining activities of foreign transnational corporations Glencore-Xstrata-Saguittarius Mines, Oceania Gold and TVIRD allowed, encouraged or tolerated by the Aquino administration.
Violent demolitions of homes of thousands of urban poor families evicted in San Roque, Quezon City and Silverio, Paranaque, Metro Manila, to give way to condominium and developmental projects under the Public Private Partnership program, resulting to deaths, injuries and filing of trumped up cases.
Violations on the right to organize and the right to strike of workers in Stanfilco, Dole Philippines in Southern Mindanao and failure to protect such rights.
Criminal negligence in the trafficking of teachers to Washington, D.C., USA and in the case of housemaid Mary Jane Veloso on death row in Indonesia with too little and almost too late efforts. Due to the labor export policy and the lack economic opportunities compounded by poverty, Filipino migrant workers are vulnerable to human trafficking, and the Aquino administration has not effectively addressed their plight or protected them; has failed to provide timely, adequate and transparent assistance; and showed lack of genuine concern and empathy.
Criminal and inexcusable negligence in the plight of Yolanda, Sendong and Pablo typhoon victims resulting in unnecessary deaths and damage as the Aquino administration did not provide sufficient warning to the affected areas, was grossly unprepared, and was not able to provide immediate and adequate assistance.
Untrammelled raising of prices of vital commodities and essential services such as the electricity rates charged by Meralco and transportation fares charged by the Metro Railway-Light Railway Transit (MRT-LRT) by allowing the former to pass on to consumers generation charges based on manipulations made to justify the increase and the latter to increase the fare rate without sufficient justification and to favour big corporations at the expense of the people’s welfare.
Privatization of the Philippine Orthopedic Hospital and other government hospitals in the guise of modernization to the prejudice of indigent patients, depriving thousands of patients with medical and health care.
Irreversible damage to the Tubbataha Reef by the US Navy Ship USS Guardian and its repercussions on the environment, with the obsequious stance of the Aquino administration for reparation, compensation and restitution.
Massive, systematic and systemic corruption of public funds as exposed in the Disbursement Acceleration Program/ Priority Development Assistance Fund (DAP/PDAF) scandals where billions of pesos allocated to legislators as pork barrel have been diverted to ghost or dubious projects and non-existent non governmental organizations and which did not actually redound to the benefit of the people but to politicians and public officials allied with the administration.
Onerous trade agreements and economic plunder through the Public Private Partnership program, Charter change and continuation of neoliberal globalization through liberalization, deregulation and privatization policies.
SUMMARY OF CHARGES FOR 3rd GROUND:
Gross violations of right to national self-determination
The following cases or incidents, among others, are or involve willful acts or omissions constitutive of these violations:
US military intervention and troop deployment in the Philippines through the onerous and illegal US-RP Visiting Forces Agreement (VFA), US-RP Mutual Logistics Support Agreement (MLSA); and US-PH Enhanced Defense Cooperation Agreement (EDCA) which the Aquino administration uses as questionable legal justification for the continued presence of U.S. military personnel, facilities and materiel in the country in open violation of national sovereignty, territorial integrity, legal jurisdiction, renunciation of war as a policy, among others.
Engendering and suborning abuses like the brutal murder of transgender Jennifer Laude by a US Marine sojourning for “rest and recreation” under the bilateral agreements of Defendants and in which the US government blatantly deprived the Philippine government from exercising its authority and jurisdiction over the American soldier Pemberton by refusing to turn him over to the actual custody of the appropriate Philippine entities.
Overt and covert intervention and involvement in actual military operations by Defendant US and betrayal of public trust by Defendant President Aquino in the Mamasapano incident that unduly killed many members of the Philippine military, Moro Islamic Liberation Front (MILF) combatants and civilians.
Implementing an anti-people counter-insurgency program through Oplan Bayanihan that victimize civilians and civilian communities, use anomalous legal offensives against rebels, activists and human rights defenders alike through trumped-up or nuisance charges, employing deceptive schemes to pacify the people through militarization or under guises of community development works, and perpetuating vicious violations of international humanitarian laws like forced evacuation, use of civilians in police and/or military operations as guides and/or shield, use of schools, medical, religious and other public places for military purpose, and many others.
Sabotaging the peace process between the Philippine government and the National Democratic Front of the Philippines (NDFP) and the demonization of national liberation movements by continuously violating valid and binding bilateral agreements in the peace negotiations, continuously arresting NDFP consultants in violation of the Joint Agreement on Safety and Immunity Guarantees, and undermining the legitimate status of such movements, among others.
As of 15 June 2015
Download Abstract of Indictment HERE
Download the IPT 2015 Concept Note HERE
Download the Jurors Profile HERE