endix A HE CASE OF LILIOSA HILAO AND THE HILAO FAMILY The following is a brief summa: death of Liliosa Hilao and the subse. treatment of some five other memb is excerpted from a letter dated 12 Foreign Relations Committee, ton, D.C.: ry of the events leading to the ‘quent arrest, detention and mal- ers of her family, The summary November 1974 addressed to the Senate of the United States, Washing- ; The Raid on Our Home 1. On 4 April 1973, at 1:00 P.m., a Philippine Constabulary Anti-Narcotics Unit (CANU) raiding team forced their way into our family residence in Quezon City. No mission order, or warrant of any : kind, was shown by the team to my family. Only a Philippine Cons- ; tabulary (PC) identification card was shown by Lt. Arturo Castillo, » who claimed to be the team leader, to my mother, Mrs. Celsa Rapi Hilao, who was in bed in a cast because of a broken pelvic bone. 2. During the course of the raid, the team got drunk and be- came abusive. They molested my sisters Amaryllis, then 20, and Jose- fina, 18, and manhandled and pistol-whipped them and others pre- sent, among them three young men visiting Amaryllis. 3, At about 10:00 p.m. that evening, my sister Liliosa-ar- tived, escorted by my brother-in-law, Capt. Rogelio Roque (Philip- pine Army Reserve). After Capt. Roque left, Lt. Castillo inflicted serious physical injuries on Liliosa and mashed her. A cousin of mine present in tie house; Arnaldo Podolig, was manhandled when he attempted to prevent Castillo from mashing Liliosa- The Arrest and Torture of Liliosa and Josefina 4. At 1:00 am. of 5 April, over the strenuous objections of nny family, the team handcuffed Liliosa and brought her to the CANU office at Camp Crame for questioning. At 8:00 that saber osefina was also taken there. Josefina saw Liliosa but was " nate Mitted to speak to her; however, she did see that Liliosa’s ey: ulging and her face was swollen. 1015. On Friday, 6 April, when Capt. Roque delivered some clothes and a pillow to Liliosa at CANU, she complained to him that she was being tortured, and deprived of food and sleep since her ar- rest, and asked him to look at her swollen face as proof of her com- plaints. But he was unable or unwilling to do anything about it The Death of Liliosa 6. On Saturday, 7 April, at 4:30 p.m., Lts. Castillo and Garcia of the raiding team called on another sister, Mrs. Alice Hilao Gualberto, at her residence at 173-B, K-Ist St., Kamuning, Quezon City, and summoned her to the Camp Crame Station Hospital where they said Liliosa was in serious condition. 7. Alice found Liliosa in the emergency room of the Dispen- sary at Camp Crame, but was allowed to stay less than two minutes inside the room with her. Alice was able to touch Liliosa; she noted that her body was stiff and cold; and grayish; her face was disfigured; there was an opening at her throat; she seemed to be making gasping noises; but the dextrose bottle next to her bed was not dripping; so that Alice believes that Liliosa was already dead. The room smelled very strongly of formalin. No doctor or nurse was in attendance — only two masked male orderlies who quickly grabbed Alice and brought her outside the room, claiming that the odor in the room might poison her. 8. Alice then went to the CANU office and saw Josefina, who also complained of having been maltreated. A few minutes later, Lt. Castillo told Alice and Josefina that Liliosa was dead. 9. Alice and Josefina waited for Col. Felix (CO, CANU), and finally saw him at’ 8:30 p.m. Col. Felix noted Liliosa’s courteous be- haviour and superior intelligence. He recalled that he had offered Liliosa amnesty and graduation expenses but that she refused the offer saying that she had been brought to CANU without charges and that she had done nothing subversive. At 9:00 p.m. Josefina was re- leased. In the course of signing the release papers, Col. Felix asked, and secured, the permission of Alice to have the autopsy on Liliosa performed by the PC Crime Laboratory. 102ee ee ee ee Republic of the Philippines HEADQUARTERS PHILIPPINE CO! INSTABULARY ¥ PC CRIME LABORATORY ‘i % Comp Crame, Guezon City i MEDICO-LEGAL BRANCH 95 yni3 ate MEDICO-LEGAL NECROPSY REPORT co, caw. ; pEQUESTING AUTHORITY: ————_S0, CAN) cage No, ed2=73 F gyce: — Us Millom Be agg, 23. pax, Pestle gears, Sint vatine Stes Froseet 3, quezon sty augoRD CASE: ——Asid oelsonipe ge. aroun occuPATION: —Siudeni__ NATIONALITY: —FiL. wr; 'Sico wr REPORTED PLACE OF DEATH; —Consiani Station Boy » Camp Crane, Cuean City REPORTED TIME & DATE OF DEATH: -a/i7103 7 tor 173 ARMY; ——— CIVILIAN: ) yoRoPsY HELD AT: ——20GL arma, Camp Csa-e, cueran city € ‘IME & DATE OF NECROPSY: 2550R 7 bpe 175 ANTEMORTEM DIAGNOSIS : POSTMORTEM FINDINGS: . Fairly devel»pod and nourished feumle eadever in rigor mrtis with postrorten Livldity wer the dependent portions of the bney. ‘rere are several neodle puncture sarka over the left arm and forearm. Conjunctivan are pale. atlbeis are eyarntio. Where in corrosinn of the mucosa “f tho upyer lip end the skin of the lower aw. There is @ tracheostomy incision at the arnteri-r curface of the neck. ‘TMTERHAS_ORGAKS: USRO-ITESTIAL TRC: ‘Te oral cavity and the venhagus revenls ervsion of the sue... The stonach “4a perforated at the greater curvature vith wideojread oorreaton sf the aucnes sf the stoiaeh and duodenum, ‘The left lobe ~f the liver, head of the jan:reas ant emll Prrtion of the appearo pole, duil ond firn in conatatens~, © RTM, MAciba AND sroncer: * The epiglottio and firet portion of the trachea are erolsd, The bronchi are ‘tiled vith frothy flute, i Both lungs are purplinh-red, valuninnue’ ard suborepttant, The ect surface exsdes See) amront of sernensnzvinonn frothy materials rest 9 re fina are grvecl? wnrocarkabit rants f the interne! organs are & Cause of death Le eardinarespigatery arrest duo to ghsck vith yalsorry edema oe Sremlt of videspread correcion of the intontiral tract, epfglvttis and trachea with sf Mtforations of the greater curvature of the siomehe =) Sinners, aft nesrbatt E aft navoH L vascenn Tat u Lt Colonel 10 (°C) Beaton teen OLFisee 3 Uhiee, Medicn-Leral Braroh Bi S0eortoee a ae pms 6969320 € Dy PM: 5796161 jeatapal O/T & Jafoxtayin 3 Gareta el x. $/oRBCCR TO © FAAS cages ed Crlonel MO iG (GSC) 26 sul 73 foga/2545' . oftieer- ree Siem Pan L. 3 ETRE 6852895 seleneat De oft oer 103 a10. The sum of P2,200.00 was given to the family by the Constabulary, supposedly to help defray the expenses of Liliosa’s burial. If the military felt no sense of guilt for Liliosa’s horrible death, why this “generosity”? The family has not touched a single centavo of this money. However, when some of Liliosa’s belongings were eventually returned, we noticed that there were blood stains on her undershirt and on the pillow Capt. Roque had brought to her, However, her panties, shorts and pants have never been returned to us despite our repeated requests. Fruitless Attempts to Seek Justice 11. Since her death, we have repeatedly written to officials from President Marcos down seeking justice but in vain. On 5 July 1973, for example, Secretary of National Defense Enrile wrote us declaring the case closed. But we cannot agree to his decision be- cause: a. If the military personnel involved were questioned at all, it was done in our absence; b. We have not been given copies of the necropsy re- port of the NBI; c. The PC Crime Laboratory Necropsy report is silent as to the claim that Liliosa had been sexually abused; or as to the presence of contusions; or the cause of the punctures on her body; d. As to the motive, if the military had no motive to kill Liliosa — although both a desire to prevent her from talking about the way they had tortured her and plain sadism come to mind — then what motive did Liliosa have for taking such a = painful death — poisoning by muriatic acid? What did the mili- tary do or threaten to do that might have prompted her to act as the military claims she acted — assuming that she did take Poison? 12. On 13 August 1973, Gen. Ramos, Chief of Constabulary, also ruled that the case was closed. His findings are likewise vague and unsatisfactory for the following reasons: 104a. The raiding team did not have warrants at the time of the arrests. Subsequently, on 8 May 1973, after our Tepeated queries, a xerox copy of the supposed warrants were briefly flashed in front of us, and we noticed that the warrants con- tained erasures; b. It is not true that the raiding party gave us notice of their mission and authority. Furthermore, the members of the raiding team have pending cases against them before the J udge Advocate General’s Office dating to pre-martial law days, in- cluding, among others, charges of murder; c. It is absurd that the Narcotics Unit would be assigned to cases of subversion; d, Alf three witnesses to the raid were detained and it will be noticed that inspite of this, only one witness has a statement denying the alleged maltreatment, which was taken while he was under detention, and therefore under conditions of duress. The armed forces has not been able to produce simi- lar statements from the other witnesses. % “. The Re-Arrest of Josefina ss Neen 13. Because of what happened to Liliosa and to them, my sisters Amaryllis and Josefina left home. Winifredo himself went into hiding to avoid arrest and torture. : 14. However, on 12 May 1974, Josefina was re-arrested in Pangasinan Province by the 5th Constabulary Security Unit (CSU). | It was not until ten days later, on 22 May, that we were told of her arrest. She remained in Camp Crame until 18 September, and then Was transferred to Ipil Detention Camp, Fort Bonifacio, where she is Now held. She has complained to us of mental torture (e.g., being awakened at midnight for interrogation, being made to sign papers Without having read the contents), and has revealed that her com- Panions had been physically tortured (e.g., boiling water poured Over the feet of one girl, others being beaten repeatedly, the use of Clectric shock on the genital organs of the male, water torture). Up Se,OIE NI EE NN ITT © PT rE Ter to this date, Josefina had not been informed of any charges against her. The Arrest and Torture of Winifredo and Amaryllis 15, On 7 October 1974, in Angeles City, my brother Winifre- do, a civil engineer, and Amaryllis our sister, a 3rd year student at the University of the Philippines, were arrested at 10:00 p.m. and were taken to the 173rd PC Company where they were detained for the next three days and where they were tortured; all were deprived of sleep and food, Winifredo was beaten with empty Coke bottles and lost consciousness twice. He was also subjected to electric shock and threatened with a gun. 16. On 10 October 1974, they were transferred to Camp Oli- vas. During the next eight days, they were again tortured and de- prived of food for periods as long as three days. Winifredo collapsed twice. On 18 October 1974, they were transferred again to the Sth MIG (ISAFP), Camp Aguinaldo, where they were held incommuni- cado until 21 October. On that day, I saw Winifredo and Amaryllis and they told me the torture they had undergone in Angeles and Camp Olivas. On this date also, 1 demanded a medical examination of my brother and sister. Among the findings of the Army medical offi- cer was that Winifredo had lost much blood and had severe anemia. T also requested an X-ray, but to date I have not received a copy PINAKARARNINE Liliosa Hilao (right) and sister Rizalina 106paix B CASE OF FORTUNATO BAYOTLANG Fortunato Bayotlang, 26, was an employee of Philusa D; ompany and a Barrio Councilor of Bunawan, Davao City before his timely death on 25 August 1974 at the hands of members of the fourth Constabulary Security Unit in Davao, Fortunato’s Car Commandeered On Saturday, 24 August 1974, at about 1:00 p.m., Fortunato Bayotlang was on his way to Tagum to deliver pre-ordered pharma- ® ceutical supplies, accompanied by his two younger brothers Fer- nando (14) and Ruperto (7). Along the way, five or six plainclothes- men stopped his car, handcuffed him and took the three of them to the PC compound in Tagum. "At the PC Stockade, Fortunato was taken inside a room while * his two younger brothers were kept in the car. Mauling at the PC Stockade Fernando and Ruperto could hear the beating and the groaning of their brother as he was questioned inside the room as to the whereabouts of a certain “Dodong.” At one point, Fernando saw one ** of the men come out of the room and get a 2” x 2” stick. Later ano- ther came out with blood on his hands, shirt, pants and on the stick. At one point, Fernando was taken in to see his brother who was all bloody and writhing in pain. This was to threaten him that the same thing would happen to himif he did notcooperate. But Fernan- 4g knew nothing about Dodong. Bayottang House Searched At about 3:00 p.m. five of the men took Fernando with them to the house of Fortunato which they proceeded to search. While the Search was in progress the mother of Fortunato had an attack or hy- Pertension. The group returned to the PC stockade about an hour later but Fernando no longer saw his brother. 107According to the testimony of Ruperto, the 7-year-old brother, an old uniformed member of the PC had taken Fortunato to the Pro- yincial Hospital accompanied by Ruperto. Later he was transferred by ambulance to the San Pedro Hospital in Davao City. Fortunato Dies at San Pedro Hospital On 25 August at 8:45 a.m., Fortunato Bayotlang was pro- nounced dead by Zosimo P. Ermac, M.D., ChiefSurgeon of the San Pedro Hospital, Davao City. (See the Clinical Summary and a facsimile of the Medico-Legal Necropsy Report.) Fortunato’s Widow Taken to Hospital On the morning of 30 August, Delia, the widow of Fortunato, had a hemorrhage and was taken to the San Pedro Hospital. She was two months pregnant. To this day Delia regrets very much that she was not ‘able to give birth to the child she was carrying at the time of her husband’s murder. Younger Brothers Kept in Stockade In the late afternoon of 30 August, a group of about nine people went to the PC Headquarters to request the release of Fernando who was still being held in the stockade. They were told that Fernando would be permitted to attend the funeral but that he was to return to the stockade after that. The Funeral of Fortunato Fernando was brought from the stockade under PC guard and in the presence of his dead brother’s corpse he related the events lead- ing to the death of Fortunato. The funeral was held on 31 August. Fortunato’s mother suf- ferred a heart attack, passed out and was taken to San Pedro Hospi- tal. After the funeral, Fernando was taken back to the PC stockade. Finally on Sunday, 1 September, Fernando was released due to the intercession of some religious in the area. 108pc Chief Requested to Investigate On 31 August, the testimony of Fernando and the data con- cerning the death of Fortunato Bayotlang was brought to Manila. After some time, an interview was finally obtained with Maj. Gen. Fidel Ramos, Chief of the Philippine Constabulary that same after- noon. General Ramos issued written instructions for an immediate investigation of the Bayotlang case. Lt, Antonio M. Rosario, Jr. from the Philippine Constabulary Headquarters, Camp Crame, arrived in Davao City on Sunday, 1 Sept. to conduct an investigation. During the line-up at the PC stockade in Tagum, Fernando was able to identify one of the men guilty of his brother’s death. On Tuesday, 3 September, at 5:15 p.m. Lt. Rosario went to the Bayotlang house. On Thursday, 5 September,at about 8:00 p.m. an interview with Lt. Rosario was conducted at the Mt. Apo Hotel in Davao City. During the interview it was revealed that the camp commander of the Tagum stockade had no good reason for concealing the death of Fortunato, and that the ones responsible for the crime seem to be non-organic members of the Constabulary Security Unit (CSU) who are not under the direct command of the local commander, but take their orders from Manila. Investigator Rosario admitted that everything in the original report submitted to Gen. Ramos was veri- fied and also that they were aware of other injustices committed in the stockade, as well as of the existence of a “torture” house. On the afternoon of 25 September a priest from Davao went to Camp Crame in Manila to follow up the case and was informed that Gen. Ramos had ordered the arrest of the CSU men responsible and that the priest would be notified when this order was carried out, In the course of the conversation with Col. Abelleneda of the Com- mand for Detainees, Camp Crame, it was admitted that many of the members of the CSU (which is headed by Lt. Col. Miguel Aure) are people who have been troublesome in the Armed Services before. A second investigation was conducted on 28 September by Maj. Herrera on orders of the Secretary of National Defense Juan Ponce ile. i } 4 } + 1 ccs AE lie coInvestigation Carried Out But No Action Taken On Thursday, 14 November 1974, efforts were made through Col, Hermilo Ahorro, Task Force “Pagkakaisa” Commander, to find out the results of the investigation. He promised to make inquiries in Manila. No report was given. On Friday, 29 November, a priest from Davao spent over two and a half hours at Camp Crame trying to get information on the resolution of the case. Finally reaching the desk of Lt. Antonio M. Rosario (who had conducted the investigation), he received a copy of the four recommendations which had been accepted by the office of Gen, Ramos: 1. That an order be issued for the immediate arrest and detention of Eleuterio Castillo (alias “Bondying”), Efren Pensador (alias “Toto”), Pantaleon Obizo (alias “Manuel Balansag” and “Junior”), and Boy Rasmo, all non-organic members of the 4th CSU Detachment, Davao City; and also for the immediate arrest of T/Sgt. Medelo Tenorio of I & I of Tagum, Davao del Norte; 2. That this case be referred to the CJA (Constabulary Judge Advocate) for filing of appropriate charges; 3. That CIC Benjamin Orilla be reduced in his rank to Consta- ble, pursuant to paragraph 33 of Circular 68, CHO, AFP. dated 26 September 1955 to be implemented by CI; 4. That Lt. Col. Pedro Sestoza and Maj. Hidalgo (of the Ta- gum PC Stockade) be absolved from any liability, since they were not at the stockade at the time of the fatal beating. On 18 December inquiries were again made from Col. Hermilo Ahorro concerning the implementation of the order to arrest the four men. Up to the present no satisfactory resolution of this case has been made. In the words of the priest who followed up the case “the perpe- trators of the crime are still at large, and we find it hard to believethat any serious effort was made to arrest them. T representation to the Government in Maniia would be on faa le of time.” & APostscript Sometime in December 1975, it wi four men responsible for the death of Tae Metin el _ ready met their death. Boy Erasmo was fatally shot in one ki aoe & fracas between Mayor Pichon and two members of the PC d a “ - cock-fight in Samal and Efren Pensader was killed durin; 1 feud between co-soldiers. Thus only two of the killes in at lage until the present. _—SAN PEDRO HOSPITAL DAVAO CITY August 27, 1974 CLINICAL SUMMARY FORTUNATO BAYOTLANG, 25 years old, Filipino, married, from Bunawan, Davao City, was admitted in this hospital in the morning of August 25, 1974 with a chief complaint of unconscious- ness. He was transferred-in from Davao del Norte Provincial Hospital. According to the accompanying informer, the condition apparently started several hours before admission when he was allegedly mauled by several persons in the afternoon of August 24, 1974. He was brought and treated in Davao del Norte Provincial Hospital in a semi- conscious condition and restless. However, four hours later, the pa- tient lapsed into unconsciousness. He was then transferred to this hospital for further management. On admission, patient was unconscious, stretcher borne with the following vital signs: Bl - 110/80; Pulse rate - 140/min.; Respira- tory rate of 26/min.; Head - presence of multiple contused laceration which was sutured; Eye. - right pupil - dilated and non-reactive to light; left pupil - dilated and reactive to light; Ear - presence of bloody serous discharge in the left auditory canal; Thorax - multiple contu- tusions noted on the interior chest wall; Heart - regular in rate and thythm but tachycardiac with a rate of 140/min.; Lungs - no rales; Abdomen - soft and non-tender; Extremities - multiple contusions and abrasions noted on both upper and lower extremities; motor and sensory functions of both lower extremities - negative. Skull x-ray and x-rays of the left arm and left clavicle were done upon admission but all were negative. He was given DSOR 1000 cc; blood transfusions; on G Sodium; Chloromycetin Succinate; Strep $04; Sodium dilantin and mannitol injections. 112Jn the ward, trachoestomy set was prepared at bedside. How- a few hours later, the condition of the patient went downhill evel pj at 8:45 AM., he was pronounced dead. ZOSIMO P. ERMAC, M.D. Chief-SurgeonRepublic of the Philippines Department of Health Officer of the City Health Officer Davao City Necropsy No. N-74-177 MEDICO-LEGAL NECROPSY REPORT Date: August 26, 1974 Name: FORTUNATO BAYOTLANG Age: 26 Sex: Male Nationality: Filipino Status: Married Residence: Bunawan, Davao City Died at: San Pedro Hospital, Davao City Occupation: Date & Time: Aug. 25, 1974 at Necropsy requested by 8:45 AM. Next of Kin . Necropsy held at: Cosmo- politan Morgue Date & Time: Aug. 25 Clinical Diagnosis: 1974 at 2:30 P.M. POSTMORTEN FINDINGS HEMATOMA, SCALP, generalized. WOUND, LACERATED = 2 x 1.5 cm. located in the forehead, left side; 3.2 x 1 cm. located in the parietal region, median line; 1 x 1.2 cm. located in the right temporal region, left side; 5 x 4 cm. jocated in the left occipital region; 0.5 x 5 cm. located in the right occipital region; 0.4 x 3.5 cm. located in the occipital region; 0.4 x 5.5 cm, located in the left occipital region. CONTUSED, ABRASION = 2.5 x 12.5 cm. oriental downwards and medially along the left clavicle; 1 x 2 cm. located in the anterior median line at the sternum at the level of the 2nd ICS; 2.5 x 6 cm. located in the right chest at the level of the 4th ICS, MCL: 1.2 x 5.5 cm. located in the anterior median line at the level ofthe 7th rib; 5.5 x 9 cm. oriented horizontally located in the right arm, middle third, lateral aspect; 5 x 7 cm. located in the right arm, lateral aspect, lower third; 0.6 x 1.5 cm. located at the lower back, posterior median line at the level of the Ist sac- sal vertebrae; 8.3 x 18 cm. located in the leg anterior aspect, left side. CONTUSION = 27 x Al cm. located in the left arm; 15 x 28 cm. lo- cated in the right deltoid portion; 2 x 6 cm. located in the sca- pulararea, right side; 6 x 8.2 cm. located in the back, posterior median line at the level of the 1st lumbar; 0.2 x 4.5 cm. located in the right lumbar. FRACTURE, Ist rib, left side. . FRACTURE, skull, parietal region with extension to the middle cra- p nial fossa, both sides. * SUBDURAL, Hemorrhage. JUAN M. ABEAR, M.D. Medico-Legal Officer JR., é 11s 1ata OG 6 PLS eset Ropabhic of the Philippines o abso Cnt or Health = 26272 8% Gupan? peer ‘ Baad STO BS hee mah trbiaahe Panyetlany son xR Bagur on 194 L ; x ee purest Betray Oi ces 7 2G Be vaRLOOALIOAL OFFERS ___ wero 2GE eee _ aumcesua 00 Grover Cefn ___"APTQUALITYs 7 efi, TO & PLAGE OF AITORS 232 poe oetioe af the City Hoalth Officer Davao Oty Dug ) Ae ~ aeendix C: SUMMARY OF THE CASE OF SANTIAGO ARCE Santiago Arce was a lay leader of Pefiarrubia in Abra, as well as the former Provincial Coordinator of the Federation of Free Farmers, president of the Samahang Nayon and the Irrigators’ Service Associa- tion in Bo. Agtangao, Bangued and principal and bandmaster of the Little Flower High School in Peftarrubia. Santiago Arce Arrested by PC In August 1974, Crispin Acosta, a PC informer, was murdered inside his house in Bangued. Victor Bodonia, captured by the PC, ad- ‘mitted that he was the driver of the vehicle that was used in the killing of Acosta and that the vehicle was owned by Santiago Arce. In the morning of 4 September, Arce was taken from the Little Flower High School “for a conference inside the camp.” There he was accused by the PC Commander, Lt. Col. Mariano Castro, of orga- * nizing the FFF which, according to the Commander, is NPA (New People’s Army, the military arm of the Communist Party of the Phi- * lippines). He was also accused of lending his motorcycle for"use in the murder of Acosta. Later in the afternoon, upon the intervention of Fr. Antonio Buenafe, rector of St. Joseph’s Seminary in Bangued, p. Arce was released. Arce Arrested a Second Time “In the evening of 4 September, agents of Task Force “Taina” ‘% conducted a further investigation of the murder suspects who said © that Arce was the one who repaired the gun that was used in the killing, Arce was thus recalled to the Camp by orders of the PC , Commander on 6 September at 11:00 p.m. ‘The Death of Arce Inside the Camp Residents inside the camp heard the agonizing groans of Arce. They heard him plead to the soldiers to spare his life because he had many children, Then at 2:00 a.m. of 7 September, shots broke the early moming quiet. Arce stopped groaning. Later, those who saw the remains of Arce noted his swollen face. 117 Saanich sda sn alThe PC Commander’s Version of Arce’s Death Two hours after the killing of Arce, Judge Francisco Valera of the Municipal Court of Bangued was summoned to the PC camp to conduct a coroner’s inquest. The following is an account of what Lt, Col. Mariano Castro related to the Judge when the latter arrived at the camp: Arce sat in front of me while my back was being massaged by Victor Bodonia (suspect in the slaying of Crispin Acosta), Ponciano (another suspect) stood behind Arce, the latter’s hands were hand-cuffed and he was flanked by two soldiers, I told Arce, “You were the one who repaired the gun.” Arce denied the charge. Then Victor said, “You were the one, Uncle.” Then I told Arce again, “You lent your motorcycle for the killing of Acosta.” And again, Arce denied the charge. Then I jokingly asked a soldier to give Arce a carbine saying, “Let him repair the gun.” The soldier gave the carbine to Arce. Arce grappled with the soldier for the possession of the gun. Arce tried to shoot anybody at random. Then he ran towards the path leading to the tower which is equipped with search lights. As he ran towards the rice fields the perimeter guard turned the searchlights on Arce. Arce ran back to the path he took earlier. It was then that he was shot. Findings of the Judge’s Inquest According to Judge Valera, the bullets found their way into Arce’s left cheek, upper right chest, middle distapler of the forearm, main axillary line of the left side of the body, and the middle portion of his left and right thighs. Being a former intelligence officer in the army, the Judge direc- ted his attention to the carbine rifle placed under the right hand of Arce. But before he could get the rifle, a Sgt. Purugganan who was earlier awakened by the rapid fire of gunshots inside the camp said, “Let’s find out if this rifle was used.” He unloaded the gun. Judge 118jera saw the magazine was loaded. The Judge then smelled the 4 of the rifle. The Judge smelled oil and not fumed nitrate. ‘Then he peered through the barrel with the aid of a flashlight beamed into the chamber of the rifle. The barrel was shiny and did not con- tain any particles. In the presence of Lt. Col. Castro, Capt. Esteban, Valeros and Purugganan, Judge Valera declared, “This carbine P. was not fired.” [ People’s Reaction to the PC Story of Arce’s “Escape” Judge Valera said that if anyone would ask his opinfon about @ the PC story of Mr. Arce’s “escape” he would tell them to look at the pictures. “That is why I called for a photographer to take pic- E tures of the body.” One of the pictures clearly shows that the right hand of Arce did not grip the carbine. “Besides, if Arce fired at ran- ‘dom, how come nobody was hit?” the Judge added. Judge Valera Efurther gave the information that when Dr. Seares of the Abra Pro- vincial Hospital saw the body of Arce, the doctor remarked that e had just been released from the hospital for treatment of pneu- ‘monia. Also, that during the autopsy conducted by Dr. Felix Buena- fe, the intestines of Arce were found to be empty. The doctor asked, 5 “How could a hungry man and one who gets sick of pnenumonia have the strength to grapple for a gun?” asa 2Attorney Blanco, a criminal lawyer from Dolores, €xplaineq that the position of the wounds refutes the explanation that Arce ran. The bullets entered the front of Arce’s body. No one can Tun away backwards. He also said that “if the first shot was fatal, Arce would have gripped the gun and crouched because of cadaver spasms.” Arce’s right hand did not at all grip the gun. Furthermore “if the first shot was not fatal and there were other shots, he would have dropped the gun. The pictures revealed that Arce lay sprawled, face downward, on the gravel. His right arm was stretched with the hand resting on the carbine; his left arm was pressed to his breast. Bishop Odilo Etspueller, SVD, recalled that he saw the PC Commander at the Abra Provincial Hospital. When the former Tequest- ed the body of Arce, the Commander was visibly shaking. The Com- mander said that Arce had to be killed because “I had to protect my life, my family.” “Granting that Arce had links with the NPA, the manner of his killing is not justified,” the Bishop said. Abra Witnesses Longest Funeral When Santiago Arce was buried on 11 September the funeral Procession was more or less a kilometer long, four abreast. The fune- ral procession started from Barrio Agtangao and stopped for some time at the Bangued Cathedral for the requiem Mass, which was con- celebrated by twenty priests. All Catholic schools in Abra were closed for the day to enable the teachers and students to join the funeral march. Two bands continuously played music. Arce’s father and son, Jose, played with the band. The funeral was the longest in Abra in living memory. Lawyers led by Atty. Blanco attended the funeral because “we abhor the killing of Arce.” Some of the people who attended the re- quiem Mass did not join the funeral procession because they were afraid they would be blacklisted as “NPA’s.” From the Cathedral to the cemetery, people lined up on both sides of the street. Traffic was disrupted because of this. 120P At the cemetery, Fr. Buenafe and his seminarians hac z id for cement, stones and a stick to write with on the fresh one ‘the ones in charge of sealing the tomb left their job for fear that mili- ‘tary might accuse them of sympathizing with the NPA’s. oe oe ae oe A young boy wrote this on Arce’s tomb: Santiago Arce, Princi- fal, Little Flower High School, Te Aes Pate 4 Postscript Bishop Etspueller sent a telegram to the Secretary of National Defense, Juan Ponce Enrile, and the Chief of PC, Gen, Fidel Ramos, Three groups of investigators were sent to Abra to conduct the inquiry but it was not until a week after Archbishop Jaime Sin of the diocese of Manila, mentioned the Arce case in an interview with the Foreign Correspondents Association of the Philippines that the papers came out with Secretary Enrile’s statement that an investiga- tion had been made and that they had “found no cause to hold any fof our military personnel culpable.” Enrile also denied that Arce had been tortured. At any rate, Pre- sident Marcos ordered a reinvestigation of both cases on 2 December “to determine once and for all the veracity of the charges that the ctims were tortured while in Government custody.” The President also ordered the jrelief of Lt. Col. Mariano Castro, Provincial PC ‘ommander of Abra. He was relieved of his command in early ecember, but he has not been disciplined, merely transferred. 121 lbs ahaa inn inn en tl aSoper RE eae eens | Appendix THE CASE OF GENEROSO SIBAY In the area of Southern Leyte where we work, there are three barrios (villages), Sta. Cruz, Calpio and Kalinao. They are up in the mountains about a two-hour walk from where the road ends. Kalinao (which means Peace) is in a beautiful valley surrounded by moun- tains. Sta. Cruz is on a plateau, boarded on two sides by two diffe- rent rivers with the mountains rising behind. Calpio is on a ridge-up from Kalinao and towards Sta. Cruz. There are approximately 150 to 200 families living in these villages and the surrounding hillsides. They are people with a pioneer spirit, not the ones to complain about the lack of livelihood by the sea shore but willing to carve out a living in the mountains, They are stocky and strong from carrying their goods up and down the moun- tain trail, When you meet these people, their beautiful simplicity wins your heart. On 22 September (exactly three years after the declaration of Martial Law), a group of PC’s (Philippine Constabulary) went up and arrested a group of men for alleged subversive activity and brought them to the stockade in Maasin, the capital of Southern Leyte. Different stories were filtering down from the mountains as to what happened and why. So, we decided to go up and investigate. Father Tatong Arceno and I went up on 6 October. Since then, I have been up every week. Fathers Traher, Lacerna and Arceno have been up several times. What we have found is the following: Apparently, for the past eight months or so, there have been young people, well educated and very kind, that have been living in the forests and visiting these people regularly. By day, they would work with the people, clearing the land and planting their crops and during the evening, they would sit around with the people and talk about the injustices of the present society — International, National and Local. Since there is nothing else to do in the evening, the people would sit around them and listen. Many things they taught were very Christian, like telling the people to work together in groups, raise more pigs and chickens, share with the needy, the widows, the or- phans, etc. © 122Apparently, about a year ago, a man by the nam inti ¢ to barrio Kalinao as a settler from Cebu. The esol, a te. aye he Was @ “plant” by the PC (possibly because the “intelligence” d ascertain that this could be a likely place for so-called subver- activity.) This man “‘Kintin” apparently went along very much what these young people were teaching, but was watching to see gho were the possible NPA sympathizers, (NPA stands for New Peo- fie’s Army and these people are allegedly the educational arm of the PA.) Some time at the beginning of September “Kintin” tipped off e PC that there were three alleged NPA arriving in Cabalian by a mall “pump boat” to be met by a “comrade” from the mountain, ne was a young woman. All four were apprehended and brought to stockade in Maasin. (I have learned from a reliable source that outs and screams have been heard from the prison cells in Maasin. ft is a known fact that the military are using what they call “tactical interrogation” to extract information.) Apparently, on the 22 of September, a PC patrol went to these ee villages, called a meeting in the barrio hall and read out a list of james. Those that were present were to be brought to Maasin for estioning. Those that were not there, because they were working their lands, were told to report to the “Constabulary” in Cabalian md join the others in Maasin. Some of the absentees followed this der, but a few did not. One of those who did not was a man by the name of Generoso Sibay. His wife had just given birth to their {Oth child, a few days before, and his family wasin need of him. So he left his house and took his wife and ten children into the forest and juilt a shack for him and his family to live in, in hiding. He would neak-to his land at night, get some food and he made himself a crude shotgun to hunt wild pigs, birds and deer. Generoso, according the people, was an upright man (48 years old) who was loved by the people. He was a brash “Robinhood” type of man who was will- g to stand up for his rights, no matter what the odds. — A few ears ago, apparently, when a logging company wanted to put a road through ‘part of his land, he consented after they promised to pay for the plants destroyed and that he and his family have the right to ride the logging trucks to town once in a while. One day, two of his child- . fen were very sick so he asked the loggers for some of the promised honey to buy medicines and for a ride to town for he and his child-ren to consult a d r. He was refused. So Generoso, knowing that it is almost impossible for a poor man to get justice in the courts, fought a little private war with the loggers by putting obstacles on the road. ‘ On 8 November, adetachment of 14 PC went up, called together the “New Converts” and said, “lead us to Generocos Sibay, the man with ten children.” The men were told that nothing would happen to , they just wanted to bring him in for questioning. So very carly Sunday morning of the 9th, Kintin, Bugoy, Insot and Floro led the PC into the forest. They crawled and surrounded his hut. Teresita, 17 and Carmen 15 were preparing breakfast. Carmen saw the PC first, so came out of the hut to try to warn her father who did not sleep there but in a especially concealed place nearby. She said that she was going to get the carabao (water buffalo) that got away during the night. Her efforts were in vain, when Generoso came near the house, he was surrounded by the PC. He threw down his shotgun and his bolo. When the wife and children were crying, the PC assured them that they would not hurt him. He would be back in about three months. The wife prepared clothes for him and the PC went off with Ge- neroso. They walked over a mountain down through the river and up to the plateau of Sta. Cruz. About 100 yards behind the little chapel at the entrance of the barrio, Kintin and his three companions who took the PC to Genero- so’s hideout were told to go ahead into the barrio. Three shots were then heard and the PC then came into the barrio; the people pre- pared breakfast for them. The barrio people were told to prepare a hammock and pick up Generoso’s body and bring him down to town followed by PC. “ It was now Sunday afternoon, pictures of the dead “rebel” were taken to be sent in with the report. Stories of PC heroics were circu- lated — “Generoso was aiming at a PC and others got him from be- hind just in time.” A brother and other relatives who live in Catmon, a barrio on the way to town, were told that the body would be brought back to them, But when they were finished their job, they 1244 wrapped Generoso’s body in a mat and buried it. No coffin, no F ay and relatives present. This was Sunday afternoon. It A I his w . It was not Bri] Monday morning that his wife and children found out about MB eneroso’s death. # ~Monday afternoon, we found Mrs. Sibay in the town of St. Ber- 4 breast-feeding her youngest child Teresita. Carmen, 15, and gilio, 13, helping to look after the younger ones, Their oawee of tears but no longer able to sov. We asked Mrs. Sibay why she ime to town. She said, ““I came to ask the Mayor why they shot my band.” She went to him and he told her there was nothing he uld do — because of martial law. eee in ita AT 125 tn nll ATI MisPostscript + QUESTIONS FOR REFLECTION ON THE ISSUE OF TORTURE 1. _ Isit ever justifiable to punish a person for crimes suspected to have been committed by a relative or a friend of the person? 2. What is the value of information elicited by using torture? Can such information be assumed to be true? 3. Is: torture ever justifiable? Even when the victim is an atheist? a Communist? a known criminal? 4. Is it ever justifiable for persons being arrested, whether for political or criminal reasons, to be roughed up while being arrested? 5. Under martial law are citizens presumed to be guilty until proven innocent, or innocent until proven guilty? Can they be said to be presumed innocent if they are arrested without warrant, kept in a military “safehouse,” tortured while under “tactical interroga- tion”; and detained indefinitly and without charges brought against them? 6. From what we know about martial law in the Philippines, can we say that martial abuses are the exception, or should we say that martial abuses are the rule? 7. What does torture do to the persons who inflict torture? ‘8. Since torture is-unconstitutional, although it is still ob- viously a standard operating procedure of the military, what can one say about the military’s disregard of human rights? 9. Is the use of torture an effective means of mobilizing mass support for the government and for the military? 10, Is it right for a Christian to denounce torture, even if the torture victim is an atheist? a Communist? a known criminal? . 126Ai, What do you think our Church should do t a: to stop the practice of torture? © get The anil 12. Will the practice of torture, the use of safeh hi ice ure, jouses al yppearances’ of political detainees ever be stopped under man Jaw, in spite of pressures on the administration brought about b: ed Church people’s protests and actions? ” 13. What will you do?“aoe peepee ce |, HALAW SA “PANATA SA KALAYAAN” ‘Ako'y ikinulong ng mga kaaway ng laya’t liwanag — ng laya sa gutom, Ng laya sa takot at layang mangusap. ; ng layang sumamba sa Bathala’t hindi sa diyos na huwad; © falamat, at libong salamat. . . talastas kong ako'y hindi nagiisa sa ganitong hirap, talastas kong ako'y hindi magiisa sa pagkawakawak ; pupuong libo, laksa, yuta't angaw ang kaisampalad na tagapagmana ng masayang Bukas. . . Ang libong nasadlak sa mga piitan na kawangis ko ring pinapagkasala’y walang kasalanan, ang laksang inusig at pinarusahan kahi’t walang sakdal ni hatol ng aling may puring hukuman, ang hindi mabilang na pinaglupitan i sa bukid at nayon, sa lunsod at bayan, | ang lahat ng dampa, kubo, barung-barong na nilapastangan, at ipinalamon sa apoy, pati na ng naninirahan, ang mga nalibing nang walang pangalan nikrus man lamang, } di makalilimot ni malilimutan, at ang tinig nila’y abot sa pandinig ng kinabukasan. ‘Ang aking katawa’y 00 nga’t bilanggo, nguni’t ang isipan at tibok ng puso 1 ay di mangyayaring kulungin saglit man ng bakal o ginto; | ang pananalig ko at malayang kuro, { ksama ng hangin at sikat ng araw sa lalong malayo; sa huni ng ibon, sa sigaw ng alon at angil ng punlo, sa tutol ng madla sa lahat ng utos na buktot at liko, ! sa sumpa ng tao sa kawalang-budhi ng masamang puno, | ay nakikisaliw ang aking kaluluwang walang pagkahapo, hanggang sa makamtan ng bayan ang taal na lupang-pangako — at kahi’t na nila kitlin ang buhay ko’t biyakin ang bungo, sa bungo ko’y buong makalimbag pa rin sa sariwang dugo: Pilipino akong sa pambubusabos ay hindi susuko!”” \ Amado V. Hernandez Bilangguan ng Hukbo, Camp Murphy Oktubre ng 1951The thousands degraded in pr whose innocence, like mine, Pe made them guilty; the thousands tortured and persecuted with neither trial nor verdict in an. honorable court. The countless ones who have been victimized in fields and villages, in cities and towns; in hovels and tenements gutted by fire how many living souls were buried without names, without a cross? We will not forget, they will not be forgotten, their voices reach the ears of tomorrow’s avengers, though they crack my skull, and even kill me — on my skull, engraved in raw blood, they will read: “This is a Filipino who never would surrender to the brutish enemies of freedom.” — Amado V. Hernandez Camp Murphy Army Prison October 1951