Broken, lawless nation

"A system of justice can still continue to exist on paper, structure
and appearance, but its existence is meaningless once it departs from
its original role of being a protector, it becomes the very opposite
of what it was supposed to be; that is the protector of those within
the system, protecting those who are already protected; securing those
who are already secured. This is the type system that each Filipino
lives in daily in their own country. Unless there is a discussion and
organic realization by those who are part of the system of the need
for reform to reexamine their purpose, its existence remains an object
of contempt". - AHRC HK.

from AHRC News
to attylaserna@gmail.com
date Wed, Oct 27, 2010 at 6:02 PM
subject PHILIPPINES: A broken and lawless nation -- killing in front of families
mailed-by www.humanrights.asia

AHRC-STM-213-2010

October 27, 2010
A Statement by the Asian Human Rights Commission

PHILIPPINES: A broken and lawless nation -- killing in front of
families

When a country's protection mechanism is no longer capable of
protecting its own people, its own system is deeply flawed; when a
society can no longer protect the people in their community, the bond
of fraternity that binds human civilization is broken; and when
killings are done in front of families it illustrates the breakdown
and separation, not only for families who lost their loved ones, but
of the family as part of the society and the country.

It is an illusion, if it is not an absurdity for anyone to claim
without fear and reservation, that there is protection and security
for the people in the Philippines. It has become ordinary for killings
to be carried out by policemen, the military and the paramilitary
forces working for them; killing in broad daylight before witnesses in
crowded public places and in front of the victim's family in their own
homes. Hundreds, if not thousands of stories go unreported and this
has been taking place in the country for many years now.

What is left is an imagery of the existence of a nation, it exists in
name only. The nation's fundamental existence is to protect and uphold
the interest of each and every Filipino, who are themselves part of a
family; a family that is part of a community; a community that is part
of a society; and a society that composes the nation. The functioning
of the country's institutions, by virtue of reason, is an agreement by
the people who have come together to protect their shared interest:
humanity.

A system of justice was built and in the local context of the
Philippines it is called the "Five pillars of the Criminal Justice
System" (composed of the police, prosecution, judiciary, prisons and
the community). The reason for its existence is not solely to protect
and maintain the institutions; but for individuals who are part of
this group of people--by birth, nationality or habitation--that is
called the Philippines. All the Filipinos who compose this nation are
subject to its rules. It is the protection and preservation of the
rights of this individual and the group he is part of that is the
reason for the existence of the system.

But when the system of justice no longer functions for the protection
of each individual, but rather an exclusive small group of people who
are part of these institutions; and to protect the institution that
they work for, the purpose of its existence has lost its meaning. The
institutions may still survive but not for the reason for which they
were originally built, but only to protect the interests of the people
who are part of the system. Those who protect these systems are the
very people who themselves do not feel protected and secured; thus,
being part of it gives them protection so they protect its status quo.


Therefore, the neglect and abandonment of the country's system is
felt hard by people who are not within the system, but who were part
of the original reason for its creation. But in reality, the system
which they once had can no longer protect them unless they are within
it. The system thrives not because it satisfies the individual or the
group but rather because their physical existence justifies its need.
An individual cannot create and subject himself to his own system and
be a nation unto himself.

In a country where an individual could no longer protect himself, he
cannot protect his family; a family who cannot protect its members,
cannot protect the community where they belong; and a person, a family
and a community that cannot protect itself cannot protect a Nation. A
Nation that cannot protect its own citizens, their families and the
community where they live cannot hope to protect the foreigners on its
soil. It is a broken and lawless nation.

A system of justice can still continue to exist on paper, structure
and appearance, but its existence is meaningless once it departs from
its original role of being a protector, it becomes the very opposite
of what it was supposed to be; that is the protector of those within
the system, protecting those who are already protected; securing those
who are already secured. This is the type system that each Filipino
lives in daily in their own country. Unless there is a discussion and
organic realization by those who are part of the system of the need
for reform to reexamine their purpose, its existence remains an object
of contempt.

The murders of Reynaldo Labrador of Davao City and Vicente Felisilda
of Mawab, Compostela Valley, who were both executed in front of their
families illustrates how broken and lawless the country has become.
These cases are documented by a local human rights group, Karapatan.

Reynaldo Labrador: shot in front of his wife, children

Reynaldo was 39 years old, had 3 children and was a member of the
Paquibato District Farmers Association (PADIFA), a local chapter of
Kilusang Magbubukid ng Pilipinas (KMP) or Philippine Peasant Movement.
He was shot dead at 7:30 p.m. on September 3, 2010 in front of his
wife, Leonisa and his daughters Reylon, 10; Raquel, 8; Jennifer, 4, at
their home in Paquibato District, Davao City.

Labrador was already inside their home when two men, one of whom was
identified as Berto Repe, a member of the Citizen Armed Forces
Geographical Unit (Cafgu), came looking for him. Cafgu is a
paramilitary unit under the immediate control and command of the
military. Repe is attached to the 69th Infantry Battalion of the
1003rd Infantry Brigade of the 10th Infantry Division Philippine Army
(IDPA).

The two were met by Labrador's wife, Leonisa, as she was doing
laundry outside their house. They told her that they were carrying
documents for her husband to receive. When she offered to received
them they insisted that they could only give the documents to her
husband. She then called to her husband who was resting inside. When
he emerged, Repe's companion pulled out his handgun and shot him in
the head and chest. He died instantly.

Reylon, the victim's eldest daughter, tried to go to her father after
hearing the gunshot, but after seeing her father dead she jumped out
of the house. She immediately called for their neighbors help. Leonisa
immediately took the other two children, Raquel and Jennifer, to
safety. The gunmen escaped after the shooting. They left a note at the
victim's house that read: "Demonyo ka! Hiposon ka!" (You're evil! You
must be killed!)

On 6th of September, a group of soldiers had come to Labrador's
house. The victim's family believes that the soldiers had come to see
them to intimidate them from taking part in any demand for an
investigation. This was after a local human rights group, Karapatan in
Davao City, had sought the help of the local government to look into
the case. The city's legislative body commenced an inquiry in aid of
legislation on 9 September.

Vicente Felisilda: shot in front of his brother

Felisilda was 38 years old, a farmer with four children and member of
a political party, Bayan Muna. On September 9, 2010 at 7pm, he and his
elder brother, Allan, were resting inside a small hut in Mawab town,
Compostela Valley after extracting meat from coconut shells in their
farm.

While the brothers were resting, two gunmen arrived at the place.
They were wearing plain clothes and armed with .45 caliber pistol. At
first the two greeted the brothers and tried to make conversation with
them by asking what they were doing. However, suddenly one of them
shot Vicente at close range. Startled by what he saw, Allan run for
safety to a cliff nearby.

Allan could not see what was happening at the hut due to darkness,
but he could hear his younger brother moaning in pain. About 20
minutes later, the perpetrators finished his younger brother off as he
heard another gunshot coming from the hut. The second round of
gunshots had frightened Allan prompting him to jump into the cliff for
fear that once they found him they would kill him next.

It was only until about 11pm that Allan emerged from where he was
hiding when Vicente's wife, Rosalie, her three children--aged 8, 4 and
2; and her neighbor, Catherine, arrived at the hut. The group had
walked for half an hour from where they were staying to check on what
was happening at the hut after they heard the gunshots. They saw the
victim's body. He suffered gunshot wounds to his head and chest.

The following day, they took Felisilda's body to a local funeral
parlor to be embalmed. Here, there were four police investigators from
Mawab Municipal Police Station who conducted an investigation;
however, the victim's family did not report the shooting to the
police. No post mortem examination was conducted before the burial.

# # #

About AHRC: The Asian Human Rights Commission is a regional
non-governmental organisation monitoring and lobbying human rights
issues in Asia. The Hong Kong-based group was founded in 1984.
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