The Regional Trial Court (RTC) Branch 69 dismissed the petition for the writ of habeas corpus appealed by the daughters of Hector Maquiling and Ernesto Baynes, two missing farmers in Silay, Negros Occidental. The writ was directed to 79th Infantry Battalion (IB) Commanding Officer Llt. Col. J-jay Javines.
Judge Leonardo Facultad of the RTC branch reasoned that the writ of habeas corpus could not be implemented outside his territorial limits. He furthered that although he has jurisdiction in Manapala where the farmers were last seen, it does not include Sagay, where the 79th IB is located.
The legal counsel of the petitioners, Atty. Rey Gorgonio, surmised that Judge Facultad might have made a mistake as Sagay is still situated in the 6th judicial region, therefore the writ of habeas corpus could be enforced.
Atty. Gorgonio and the petitioners are planning for a re-appeal.
Maquiling and Baynes went missing after joint troops of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) conducted an operation in Barangay San Pablo, Manapala last September 30.
The operation allegedly turned into a gun fight with the members of rebel group New People’s Army (NPA) who were claimed to have a stop by for a night near the farmers’ vicinity.
Four fatalities among the NPA were reported.
However, Apolinario Gatmaitan Command (AGC) NPA Spokesperson Juanito Magbanua claimed that no encounter occurred. Magbanua added that the operation would be a violation of the rules of war in accordance with the Geneva Conventions and the Comprehensive Agreement on Respect of Human Rights and International Humanitarian Law (CARHRIHL).
Magbanua pointed out the lack of any sign of gunshots in the house of the alleged encounter.
“If our father has done something wrong, file a case in court. But please, just let us know where they are. They are farmers, not rebels,” uttered Baynes’ daughter.
On the other hand, barangay tanod Gaspar David claimed to have heard gunshots from the farmers’ residence at 2 AM that day. When David was near the scene, he reportedly saw army vehicles. Elements from the 79th IB then asked him to help them identify those passing at the checkpoint.
David added that before he was briefed to go home, he “saw the two farmers being escorted by an army official.” To what David also witnessed, Maquiling was ordered by an officer to lie flat on the ground as Maquiling whined in pain.
Maquiling and Baynes were gone from their residence by 5 in the morning. David affirmed that the two are hardworking farmers and are in no way associated with rebel groups.
Kilusang Magbubukid ng Pilipinas (KMP) secretary-general Danilo Tabura rebuked the incident. “If the military is truly sincere in serving the people, they should implement free land distribution. Instead, they serve the big landlords,” stated Tabura condemning the militarization of the lands of farmers.
Military operations in Guihulgan City and Canlaon City of Negros Oriental were also reported. Reagan Taub, a peasant from Barangay Trinidad, Guihulgan City, was arrested by elements of Special Action Force (SAF) and 62nd IB last October 13, Wednesday.
Witnesses noted Taub was forced to walk, even when his limbs were tied, to guide the armed forces to the alleged hive of the NPA in the locality. Those close to Taub attested that he is a peasant and has no connection with the rebel group.
Amihan National Federation of Peasant Women led the protest of peasant women and mothersin front of the Department of Agrarian Reform (DAR) and Department of Agriculture (DA) on October 15, Friday, in Quezon City to commemorate the 13th year of United Nations’ (UN) International Day of Rural Women.
They seek to “demand land, aid and justice as land grabbing, rights abuses and worsening socio-economic crisis persist amid the pandemic.”
Tabura pronounced that KMP will amplify the farmers’ demands for government assistance and “justice for all massacres under the Duterte regime.”
Featured image courtesy of Brigada News FM 103.1 Bacolod
