PAKIKIISA SA MGA MAGSASAKA AT KANILANG PAMILYA SA PAMUMUNO NG AMBALA AT AMGL SA PAGGIGIIT AT PAGTATAGUYOD NG KANILANG KARAPATAN SA LUPA

Milan-OFW Kapit Bisig
18 March, 2012

Mga kapatid sa pakikibaka,

Nakakarating sa amin ang inyong buhay at kamatayan pakikibaka para igiit ang inyong karapatan sa lupa. Mula sa unibersal na katotohanan, sadyang kailangan ng tao ang lupa sapagkat dito siya nabubuhay di tulad ng isda na nabubuhay sa tubig o dili kaya ang mga ibon na nakakalipad at malayang nakakadapo sa mga punong kahoy para mabuhay. Kung ito ma’y ikonsulta sa Bibliya, matutunghayan natin na kasama ito sa nilikha para mabuhay ang tao.  Samakatuwid, malinaw na makatarungan lamang at maka-bibliya ang inyong mga ipinaglalaban at layunin di lamang sa ating nakagisnang panahon sa halip, para sa ating mga susunod na henerasyon.

Mula naman sa amin hanay bilang mga migrante, malalim na naiintidihan namin ang inyong mga ipinaglalaban at paninindigan sa katotohanan karamihan sa amin ay galing sa pamilyang magsasaka. Naiintindihan din namin na ang inyong mga pakikibaka diyan sa Hacienda Luisita ay sinasalamin o sinasaklaw ang pambansang pakikibaka sa lupa sa pangkalahatan. At bilang isang organisadong migranteng samahan, kasama ninyo kami  sa inyong panawagan na magkaroon ng tunay na reporma sa agraryo  at mga batayang pambanasang industriyalisasyon sa ating Inang bayan.

Isa sa mga paraan ng inyong pakikibaka ay ang pagtangan ng gulok o itak bilang depensa sa inyong hanay at sa kabilang banda, paggigiit ng inyong mga karapatan. Sa parteng ito, di lamang sinisimbolo nito ang ating mga ninuno gamit ang itak na lumaban sa pananakop ng mga dayuhan sa halip, ito ang konkretong indikasyon nagmumula sa kaibuturan ng inyong mga damdamin na ipaglaban anuman ang nararapat para sa inyo. Dahil dito saludo kami sa inyo at karapat-dapat din maihanay kayo sa mga lehitimong tagapagmana sa kabayanihan ng ating mga ninuno.

Sa panig ng umiiral na naghaharing sistema. Malinaw pa sa sikat ng araw na ang pinapaboran nito ay iilan pamilya sa lipunang Pilipino. Isa na rito ay mismong pamilya ng kasalukuyang pangulo ng bansa kasama na rito ang mga Cojuanco. Siyempre pa huwag na lang natin kalimutan ang kanilang mga alipores. Lahat ng inyong mga lehitimong kahilingan diyan sa Hacienda Luisita, pasismo ng estado o private armies ang kasagutan ni pangulong Pinoy tulad ng naganap noong nakaraan Nob. 2004 at ngayo’y nagbabanta na maulit sa malapit na hinaharap. Ito ang katangian ng umiiral na sistemang lipunang Pilipino bilang mala-kolonyal na nasa dominyon ng mga dayuhan sa pangunguna ng amerikano  at mala-pyudal na kaayusan pang-ekonomiko na kontrolado ng mga panginoong maylupa kasabwat ang malalaking burgesya komprador.

Kabilang kayo sa malawak na masang inaapi bilang uring magsasaka gayun din ang uring manggagawa at kami rin bilang sektor ng manggagawang Pilipino sa ibayong dagat. Kasama rin dito ang sektor ng kababaihan at kabataan, mga pambansang minorya  at mga kapatid na muslim. At sa antas ng pambansang paninindigan, iisa ang ating minimithi; ang magkaroon ng isang malaya, demokratiko, makatarungan at maunlad na lipunang Pilipino.

IBAGSAK ANG PASISMO AT TERORISMO NG ESTADO!

PALAYASIN ANG MILITAR SA LOOB AT LABAS NG HACIENDA LUISITA!

MABUHAY ANG BUHAY AT KAMATAYAN PAKIKIBAKA NG MAGSASAKA AT KANILANG PAMILYA SA HACIENDA LUISITA!

MABUHAY ANG KILUSANG MAGSASAKA SA BANSA!

[Discussion Guide] Aurora Peasants’ Struggle Against  Aurora Pacific Economic Zone and Freeport Act of 2010 (APECO) 

Prepared by
Alyansa ng mga Magbubukid sa Gitnang Luson (AMGL, Peasant Alliance in Central Luzon) and
Panlalawigang Alyansa ng Magbubukid sa  Aurora (PAMANA - Aurora)


What is APECO?


APECO is Aurora Pacific Economic Zone and Freeport Act of 2010 or Republic Act 10083.  It is a program that aims to transform Casiguran town as well as the whole Aurora to as an investment haven, site of commercial and industrial districts and eco-tourism zones.

Before APECO, the Angaras, namely Sen. Edgardo Angara and his son, Rep. Juan Edgardo “Sonny” Angara filed the Aurora Special Economic Zone Act of 2007 or ASEZA in Congress, House Bill 5309 at the House of Representatives and Senate Bill 2603 at the Senate.  ASEZA was passed on February 20, 2007 during the Arroyo administration.  The program targeted 493-hectares of prime agricultural land at Brgy. Esteves and Dibet in Casiguran town as the site of the project.  However, Casiguran and Aurora people opposed the program and claimed that they were never consulted about the enactment of ASEZA.  The program immediately affected about 400 households who are majorly farmers and fisherfolk who are about to be displaced from their farms and homes.

On April 20, 2009, Rep. Angara filed the House Bill 3470 and on August 25, 2009 and September 8, 2009, Sen. Angara filed the Senate Bill 3408 and 3430, respectively.  This is the Aurora Pacific Economic Zone and Freeport Act of 2010 or APECO.

APECO’s main difference with ASEZA is that it expanded the land being targeted for land use conversion.  The ASEZA land of 493-hectares of the 2 barangays was declared as Parcel 1 and another 12,427-hectares covering 3 barangays, Brgy. Cozo, Culat and San Ildefonso were declared as Parcel 2.  In total, APECO involves 12,920-hectares of land to be the project area.  Still, Casiguran people were not consulted in the enactment of APECO and those affected are undoubtedly opposing the program.


APECO is divided into parcels and phase of implementation such as the following:

+ Parcel 1
+ Phase 1
 + Entrance plaza (on-going construction by New Kanlaon Construction worth P436.5 million), administration building (to be completed next year), corporate center, business processing outsourcing building, five-star hotel, road network, water, sewerage facilities
+ Phase 2
+ Service support building, BPO building, infirmary, transportation terminal
+ Staff and workers housing, clubhouse, covered courts
+ Establishments
+ Agro-based industries, wood-based, wine and beverages, pharmaceuticals, food supplements
+ Seaport based industries, warehouse, container terminal, fuel, oil depot, canning/seafood processing, cold storage, meat/fish processing, bricks factory, wheat and grain mills
+ Light industrial zone, boat building and repair, wood furniture, crafts machine shops, home-made industries, biscuit factory, noodle manufacturing, office supplies
+ Financial commercial district, bank, insurance, investment companies, condominium/offices, multi-national firms, leasing corporation, commercial industrial district, IT park, electronic hub, health, beauty and wellness club, tourist souvenir shops
+ Light commercial zone, retail store, mini-boarding house, room, bed for rent 

+ Parcel 2
+ Phase 2 – Eco-tourism (12,427-hectares)
+ 10 MW windmill, resort, surfing, snorkling and more
+ mariculture park covering 300-has. at Brgy. Cozo that may expand to 3,000-has. in Casiguran

+ APECO also offers local and foreign investors the following:

+ Income Tax Holiday
+ Net Operating Loss Carry Over
+ Imposition of a Tax Rate of 5% on Gross Income Earned
+ Accelerated Depreciation
+ Capital Equipment Incentives
+ The importation of source documents by information technology-registered enterprises shall be eligible for tax and duty free importation
+ Raw Materials Incentives
+ Incentives on Breeding Stocks and Genetic Materials
+ Provision of Investor’s Visa (on the condition that necessary qualifications and requirements)
+ Exemption from Wharfage Dues
+ Deferred Imposition of Minimum Corporate Income Taxes
+ Tax Treatment of Merchandise in the Aurora Ecozone
+ For those investors who would abide by the Renewable Energy Act of 2009
+ Income Tax Holiday
+ Duty-free Importation of Renewable Energy Machinery, Equipment and Materials
+ Special Realty Tax Rates on Equipment and Machinery
+ Net Operating Loss Carry-over
+ Corporate Tax Rate
+ Accelerated Depreciation
+ Zero Percent Value-added Tax Rate
+ Cash Incentive of Renewable Energy Developers for Missionary Electrification
+ Tax Exemption of Carbon Credits
+ Tax Credit on Domestic Capital Equipment and Services

+ APECO’s Board of Directors is composed of the following:
+ Chairman – appointed by the president
+ President and CEO – vice chair – presently Gov. Bellaflor Angara-Castillo (sister of Sen. Angara)
+ Board of Directors
+ Governor 
+ Congressional representative – Rep. Juan Edgardo Angara
+ President and CEO
+ Mayor of Dinalungan, Casiguran and Dilasag towns (1 yr term each)
+ 1 representative of domestic investors (formerly Industries Dev’t Corp. by the Ong, known illegal loggers of Aurora, presently Robert K. Mathay appointed by president Aquino on February 13, 2011)
+ 1 representative of foreign investors (Asera US-based windmill manufacturer owned by Engr. Larry Asera)
+ 1 representative of the workers+ 2 prominent Filipino residents hailing from the province (one is Bienvenido Laguesma appointed by pres. Aquino on February. 13, 2011)


Thus, the APECO program is aiming to overhaul the social and economic way of life of Casiguran and Aurora people without democratically involving them in the decision-making process.  The on-going projects at the 5 barangays affects and threatens about thousand families of farmers, fisherfolk and indigenous people.  The conversion of productive rice lands in Brgy. Esteves and Dibet, dubbed as the rice granary of northern Aurora would also result the loss of food supply for at lease 22,403-population of Casiguran.

Farmers and indigenous people who cultivated the lands for at least 50 years are now facing displacement from their land.  The project would also wipe-out fishing communities who supply the fish requirement for the province.

Aside from detrimental effects to the rights and livelihood of the people, the project would also cause the further environmental destruction as it requires quarrying and logging the hills of Aurora.  At present, a quarry site at Brgy. Bianoan is a potential cause of flash floods.

In general, the APECO project would not benefit the Aurora people but only the Angaras, their lackeys and the foreign investors.  The Angaras dominate the APECO administration and their “dummies” are on a land grabbing onslaught all-over the province.  APECO is a legalized and massive land grabbing in Aurora that threatens the people’s rights on land.  At present, the people are now resisting displacement and demolition of their houses.  They have decided by organizing the Alyansa ng Mamamayan Tutol sa APECO (AMTSA, People’s Alliance Against APECO) and they are supported by the Panlalawigang Alyansa ng Magbubukid ng Aurora (PAMANA, Provincial Peasant Alliance of Aurora).  In Manila, they are supported by the Resist APECO! Defend Aurora! Movement composed by different sectors.



National Fact-finding and Solidarity Mission on APECO Report  (June 22-25, 2011)

Upon reaching the Aurora province on June 22, 2011, delegates have caught sight of the rich and abundant agricultural and fisheries wealth of the province.  The lands were cultivated with coconut, rice, fruit and vegetable crops and the bays are parked with small fishing boats.  At the early stage, delegates have established that the province is mainly agricultural, thus, its population composes of farmers, fisher folk and indigenous people as majority.

Based from the information gathered from 134 residents of 5 barangays namely, Brgy. Esteves, Dibet, Cozo, Culat and San Ildefonso, the NFFSM APECO group sums up their findings as follows:

The APECO project covers immense areas, 12,923 hectares, affecting the lives of people of Casiguran of at least 5,430 people (population of 5 villages) and eventually 4,336 families or a population 22,403 residents of the Casiguran town.

It is inconceivable that APECO infringed the rights of the people to land, who cultivated the lands for 50 years or more, having Original Certificate of Title (OCT), Certificate of Land Ownership Award (CLOA) under the Comprehensive Agrarian Reform Program (CARP), Certificate of Stewardship Contract (CSC) under the Integrated Social Forestry (ISF), coverage of former president Quezon’s Proclamation 467 for the indigenous people.

The concrete and ongoing effects of APECO are located in Parcel 1 covering Brgy. Esteves and Dibet.  Farmers have been victims of land grabbing and displacement that gave way to the expansion of the airstrip, construction of the administration building, entrance plaza and more.  There are also 450 farmer families (are) targeted to be displaced.  Lands of farmers in Brgy. Dibet have also been converted to give way to the widening of the road network connecting the airstrip, and hills have been excavated to supply the requirements of construction.  The actual construction related to the APECO project is affecting an estimated 2,312 residents of the 2 barangays. 

The 2 barangays are considered the rice granary of Casiguran and northern Aurora, as 493 hectares of productive rice farms are cultivated by farmers.  Threatening these rice lands poses a big threat to the food security of the town and the province.  There are systematic demolitions and ejectment cases against the farmers.  Under the threat of land use conversion, Casiguran and Aurora people may lose about 961 to 1,281 metric tons of rice supply.  About 22,403 Casiguran residents or 4,336 families are potential victims of local food shortage and hunger.

The on-going construction of APECO component projects resulted in environmental destruction in Casiguran.  There is a current quarrying operation in Brgy. Bianoan that also encroaches the land of resident farmers.  It also endangers the water supply of Casiguran town, source of household water and irrigation to farms.

There are also military deployments in the area.  In Brgy. Esteves, elements of the 48th Infantry Battalion of the Philippine Army transformed the barangay hall into their detachment.  They regularly patrol the area causing alarm to the farmers.  A certain platoon leader Lt. Julius Gawi admitted that they are conducting “Bayanihan” operations.  The military also conducts regular patrols at barangay Cozo, Culat and San Ildefonso and regular household checks on farmers known to oppose APECO. 

In addition, Fr. Jose Francisco “Joefran” Talaban, 43 years old and Parish Priest of Nuestra Señora de la Salvacion in Brgy. Bianoan, Casiguran had survived in an assassination attempt last June 26, 2010 by anti-communist group sponsored by the 48th Infantry Batallion Philippine Army (IBPA) called “Aniban ng mga Ayaw sa Komunista (ANAK-Bianoan) or “Alliance Against Communists of Bianoan. Fr. Talaban has been targeted because of his active participation in exposing and fighting for Casiguran people against APECO.

There are broad protests of Casiguran residents against APECO.  People from different barangays claim there were no public consultations or hearings conducted on APECO.  The residents were not informed of what APECO is, its component projects and its effect on their lives.  They also learned that APECO did not go through committee hearings at the House of Representatives and was only enacted through being “lapsed into law.”

The Casiguran and Aurora people claim the APECO project is wholesale land grabbing, displacement and land use conversion. Its objective is only to serve the Angara’s, foreign and local investors at the cost of trampling upon their rights to land and livelihood.  They also claim that it would result in environmental destruction, poverty and hunger to the people of Casiguran and Aurora.

The NFFSM APECO determined that the people of Casiguran and Aurora demand the repeal of APECO or Republic 10083 and protection of their rights to land and livelihood.  Thus, upon acquiring the grievances and plea of the people of Casiguran, the delegates of National Fact Finding and Solidarity Mission support their call:

• that the Republic Act 10083 or Aurora Pacific Economic Zone and Freeport Act of 2010 be repealed;
• the on-going projects that infringe the people’s right to land and livelihood be immediately stopped;
• ejectment cases against farmers be dismissed and demolition operations be barred;
• that the rights of farmers, fisher folk, indigenous people and other sectors to land and livelihood be recognized, protected and promoted.

APECO coverage in Casiguran and Northern Aurora

Resist APECO! Defend Aurora! Movement

The Resist APECO! Defend Aurora! Movement is a national, multi-sectoral movement or campaign to support the demand of Aurora people to repeal APECO or RA 10083.  It is primarily composed of people’s organizations of basic sectors such as the peasants, fisherfolk and indigenous people, supported by sectors and individuals from the church, government employees, academe, lawyers, artists and more.  It is also composed of organizations and individuals from Casiguran town, provincial, regional and national level.

The movement is expected to include more sectors and individuals who would affirm the basis of unity:
+ to repeal APECO; 
+ uphold the rights to land and livelihood of Aurora people; promote  of genuine land reform in the province.

This movement will be  represented by a body of convenors and among them spokespersons will  be appointed to articulate the standpoint of Aurora people against APECO.  The convenors initially include representatives from the peasants (provincial, regional and national), fisherfolk (nat’l), indigenous people (nat’l), church (local and nat’l), institution (regional), multi-sectoral group (regional) and government employees (nat’l).  More representatives are being invited to compose the body.  The movement will include a secretariat composed of PAMANA, Alyansa ng mga Magbubukid sa Gitnang Luson (AMGL, Peasant Alliance in Central Luzon), Pamalakaya-Pilipinas (fisherfolk) and Gov’t Employees for Genuine Land Reform (GE4GLR).
 
Programs and Activities

The movement’s accepted program and activities would be in line with the provincial, regional and national plan of opposing the APECO project.  This may include: 

1. Public Information Drive
+ educational discussions, discussion groups, forums 
+ publication of statements, primers, brochures
+ statements released to the media
+ signature drive or petition to repeal APECO, online petition
+ website, mailing list 

2. Mass Actions
+ participation of mass actions led by Aurora sectors
+ initiate actions in NCR to further propagate the demand to repeal APECO
+ coordinate exposure programs for sectors to Casiguran and Aurora province
+ coordinate fact-finding and solidarity mission to Casiguran and Aurora province

3. Alliance Work
+ lobbying to lawmakers, local government units, government agencies
+ lobbying and dialogue to institutions such as the church, academe, non-government organizations and more
+ initiate actions in NCR to further propagate the demand to repeal APECO
+ gathering of international support for the Aurora people and demand to repeal APECO 

4. Financial and Material Support 
+ fund-raising drive
+ solicitation
+ relief and rehabilitation drive
+ support for the production of materials necessary for the public information drive

5. Legal and Legislative Support
+ coordination with lawyers groups to render legal services to the people of Aurora, especially those facing cases filed by APECO
+ congressional inquiry to further register the demand of the Aurora people to repeal APECO

Perspective of the Peasant Struggle Against APECOThe all-out campaign against APECO, led by PAMANA – Aurora in the province, by AMGL in the region and Resist APECO! Defend Aurora! Movement in the NCR has set off and resolutely affirmed the repeal of RA 10083.

In the province, PAMANA – Aurora is organizing the Alyansa ng Mamamayan Tutol sa APECO (People’s Alliance Against APECO) primarily composed of local farmers, fisherfolks and indigenous peoples affected by the program.  In the region, AMGL is mobilizing farmers from different provinces to support the Aurora farmers’ issues. 

In the NCR, Resist APECO! Defend Aurora! Movement has already lobbied to lawmakers, sent position papers against the P332.5-million budget allocation in the House of Representatives.  It was accompanied by a protest action outside congress where local farmers were able to express their opposition against APECO.  In addition, more organizations and individuals are joing the Resist APECO! Defend Aurora! Movement to express support to the Aurora farmers.

REPEAL RA 10083 APECO!

SUPPORT THE AURORA FARMERS’ STRUGGLE FOR THEIR RIGHTS TO LAND AND LIVELIHOOD!

STRUGGLE FOR GENUINE LAND REFORM!

Let us support the call to repeal RA 10083, oppose the implementation of APECO and support the Aurora farmers’ struggle for their rights to land and livelihood.  Please join the Resist APECO! Defend Aurora! Movement or support our campaign.  You may send a message at amgl.info@gmail.com  or resistapeco@gmail.com.

Prepared by
Alyansa ng mga Magbubukid sa Gitnang Luson (AMGL, Peasant Alliance in Central Luzon)
and AMGL – Nueva Ecija

Significance of Nueva Ecija province

Nueva Ecija is publicly known as the rice-granary of the Philippines.  Its vast agricultural lands are cultivated with rice that farmers consider their main source of livelihood.  Rice cultivation is also the culture of Nueva Ecija farmers.  The province’ 158,269-hectare rice lands ranked 2nd in the country, but irrigated lands of 119,459-hectares are the biggest among provinces.  It also ranked 2nd in production, harvesting about 560,379 metric tons or 7.29 million sacks of rice, but first in irrigated palay of 462,185 metric tons.  Its production compose 9% of the country’s total and 43% of the region’s total.  Irrigated lands compose about 75% of the its total rice lands, thus, it is very clear that agriculture is distinguishedly productive.  Rice farms yield about 80 to 100 cavans per hectare with some reaching to 120 cavans.  Plain lands in the province are more than half which are of high potential for agricultural production.

Essential to the province’ agricultural productivity, are the farmers who sturdily cultivate rice lands that compose about 28% of it total land area of 575,133-hectares. The province’ population compose 19% of the region ranking 3rd and its land area 27% being the biggest.  Nueva Ecija also composed majority of the farmer-beneficiaries of the Comprehensive Agrarian Reform Program (CARP).  Based on its 2010 accomplishment, 95,855 Nueva Ecija farmer-beneficiaries compose 36% of the region’s total tilling 169,375-hectares or 42% of the region’s total.

Nueva Ecija is totally a significant province in the country, contributing majorly in the country’s total rice supply and it is also a model of the bankruptcy of CARP as the government’s claimed number of FBs is questionable as farmers are presently facing massive cancellations of Certificate of Land Ownership Awards (CLOA), Certificate of Land Transfer (CLT) and Emancipation Patents (EP).  Rice production is also threatened by the government’s program that would result vast land use conversion.  Nueva Ecija is a potential  ground for the struggle for genuine land reform and its farmers a powerful force of the peasant movement.

Peasant Struggles in the provinces

Nueva Ecija farmers are struggling for their rights to land, against displacement, landgrabbing and land use conversion.  They are organized under the Alyansa ng mga Magbubukid sa Gitnang Luson – Nueva Ecija (AMGL-NE).  As they struggle for land reform, they are struggling for food security, against militarization and environmental destruction.  They are agents of social reform in the province, region and in the country.

1. Mambayu

Mambayu stands for Malayang Aniban ng Magsasaka sa Brgy. Manggang Marikit, Bagong Barrio at Yuson, located at Guimba town.  Guimba is located at the north-western part of the province and at the boundary of Tarlac province, next to Pura town.

The Mambayu issue involves more than a hundred hectares in Brgy. Manggang Marikit that used to be part of Hacienda Davis.  When it was covered by CARP during the 1990s, it was leased by DAR and Land Bank to Philippine Cotton and a Taiwanese agro-corporation.  By 1992, the lands were left idle and abandoned, thus, about 150 farmers from the 3 barangays decided to cultivate the lands.  The farmers had a dialogue with the former landowner, an elderly Davis in Pasay City and he did not oppose.  They planted it with rice and vegetables that served as their main source of livelihood.  Their campaign was “bungkalan” that aimed to transform idle lands into productive agricultural lands.

The Mambayu farmers peacefully cultivated from 1992 until the Provincial Agrarian Reform Office (PARO) made up a list called ListaSaka in 2007.  It composed illegitimate farmers and individuals involved with interested financiers and speculators.  Members of ListaSaka who was able to position to some parts of the land sold them to a religious sect.  ListaSaka leaders are also relatives of Guimba police chief.  Since ListaSaka was prepared by PARO, they filed ejectment cases against the Mambayu farmers that reached the Court of Appeals in 2010.  Decision of some cases are favorable to ListaSaka while some are yet to be decided.  Since last year, the PARO, Municipal Agrarian Reform Office (MARO), Guimba and Nueva Ecija PNP and the 81st Infantry Battalion of the Phil. Army, consistently harassed the Mambayu farmers to vacate the lands.  From May to present, the ListaSaka members have attempted numerous times to occupy the lands, backed up by police and military and hired mob but Mambayu farmers are able to defend their rights as they are the ones who developed them.

In addition, Mambayu farmers were terrorized by the Oplan Bantay Laya in 2005.  They were victimized by extra-judicial killings, abduction and torture.  One peasant woman was forced to commit suicide due to constant harassment and his husband suffered a mental breakdown.  Until 2007, Mambayu leaders and members were always interrogated and physically harmed by elements of the military.  By the beginning of Aquino presidency In 2010, elements of the 81st IBPA transformed the barangay hall of Manggang Marikit as their detachment.  They conduct regular military operations to harass the farmers and repress their resistance to the PARO landgrabbing and displacement.  Last June 25, the Guimba police chief himself arrested a Mambayu farmer when he was attending his farm and charged with usurpation of real property as complained by ListaSaka leaders.

The numerous attempts of ListaSaka members to occupy the lands were defied by Mambayu farmers and support from AMGL.  The dispute was raised to the Dept. of Agrarian Reform – Region 3 office (DAR 3) and DAR Central office.  The regional and central office affirmed that the case is an agrarian case and they have jurisdiction, thus, cases filed at criminal courts should not be the key.  DAR 3 issued a memorandum to review the list of farmer-beneficiaries, essentially junking the PARO’s ListaSaka.

2.  3,100-hectares of Fort Magsaysay Military Reservation (FMMR)

As early as the 1930s, farmers were already cultivating the lands at the area of FMMR. It encompasses 73,000 hectares of land, reaching across Nueva Ecija, Bulacan and Aurora provinces as per Proclamation 207 of President Ramon Magsaysay in 1955. The lands are being used for military exercises, bombing runs and other military activies.  The 3,100-hectare land in Laur, Nueva Ecija, supposedly awarded to Mt. Pinatubo victims in 1991, is where the base of the Philippine Army 7th Infantry Division is located. About 6,000 peasants live and cultivate at the area, farming rice, vegetables and other agricultural products.

With developments of legal battles and private groups and individuals landgrabbing and claiming they own the land, the 3,100 hectares lands were finally decided by the Deed Of Transfer of DND to DAR based on president Cory Aquino’s Executive Order 407 and EO 448 (Series of 1990), signed by then DAR Secretary Benjamin Leong and former DND Secretary Renato de Villa on November 5, 1991.

The Deed Of Transfer mainly discuss about the following:

• Identification of the 3,100 hectare which is located at Bgy. San Isidro, Laur town of Nueva Ecija province;
  
• DAR officials will coordinate with camp officials on surveying the land to define exact location and boundaries;
  
• A buffer zone of 20 meters around the camp will be set and no permanent structures shall be built for security purposes;
  
• DAR will be responsible and have jurisdiction on what ever issues that may arise (judicial, quasi-judicial);
  

The transfer by DND to DAR will be free, as well as the transfer of lands by DAR to legitimate farmer-beneficiaries
Though the existence of the Deed of Transfer signed by both Department Secretaries, the military, particularly the PA 7th Infantry Division does not recognize such order and continue to pose as the owner or has the right to control over the lands. Commander Maj. Gen. Ralph Villanueva even sent a letter to the Provincial Agrarian Reform Office to cancel all CLOAs involving the 3,100 hectares.  On October 10, 2007, DAR Secretary Nasser Pangandaman reminded DND Secretary Gilbert Teodoro that the military could never claim the 3,100 hectare as it was already decided on the Deed of Transfer of the two agencies.

The road of land distribution to farmers were twisted and rough. Different private groups, corporations and individuals have attempted to landgrab the lands that should be given to legitimate farmers, most of them are retired military personnels or private firms with strong connection to the military and police.

On May 30, 2001, elements from Palayan Municipal Police, Provincial Police and 309th Provincial Mobile Group (PMG) led by a goon of landlord Martin Tinio raided houses of farmers, robbed them of their private properties and illegally arrested some of the residents. This is to scare the farmers off the lands to compel them to leave the area. The victims were members of the Agrarian Reform Beneficiaries Association or ARBA.  On August 18, 2007, retired Col. Feliciano Sabite, accompanied by armed men, harassed a group of farmers who were preparing their farms. Sabite, armed with M-14 rifle and Cal. 45 handgun, poked at farmers, cursing them and telling them to leave the place that he has already bought the lands. The victims were members of Guardians Brotherhood.  The next month, September 27, 2007, about 3pm, Col. Sabite strafed houses of farmers and stolen some of their belongings. The farmers sought the help of the Philippine Army at the camp, who then found Sabite but only talked with him and never arrested him.

On October 25, 2008, about 34 of 36 houses farmers were demolished by the soldiers from PA 7th Infantry Division without warning, not considering the value that farmers invested in building them. This was after they attended the caravan and protest actions against CARP in Manila.

Peasants from the Fort Magsaysay Military Reservation are organized as the ALMANA 3,100 or Alyansa ng Magbubukid na Nagkakaisa sa 3,100 Ektarya ng FMMR (United Peasant Alliance in 3,100 Hectare of Fort Magsaysay Military Reservation). They have already held numerous inter-agency dialogues involving the Department of Agrarian Reform and Department of Environment and Natural Resources. They have always invited the Department of National Defense but always ignored the invitation. It was only in November 17, that the DND accepted the request and the dialogue was held at Camp Aguinaldo. Still, the DND never committed to anything and it was apparent that they do not recognize the Deed of Transfer signed even by the DND Secretary in 1991.

As the experience of the peasants in FMMR with the implementation of the Comprehensive Agrarian Reform Program has not been beneficial, their case is a living example of the bankruptcy of CARP. They were legitimate farmer-beneficiaries formed in Agrarian Reform Communities(ARCs) but still faced with landgrabbers, harassments, military intrusion, fake beneficiaries and more. Though they were given CLOAs, these never guaranteed land distribution. They were only able to keep on working with the lands through their unity and struggle.

In light of their life-long goal to own the lands they have tilled for decades, they fully support the House Bill 3059 or Genuine Agrarian Reform Bill (GARB) proposed by Anakpawis Partylist. They believe that this bill would deliver their interest of free land distribution and security from being displaced.

On July 9, 2010, at the beginning of Aquino presidency, Pascual Guevarra, aged 73, a senior leader of ALMANA 3,100 was killed at Brgy. San Isidro.  During the attack, his grandson was also wounded.

Until now, ALMANA 3,100 farmers are sustaining their campaign for genuine land reform and justice for victims of rights abuses.  Their group is an active member of AMGL – Nueva Ecija.

3.  Displacement of Igorot communities at Pantabangan reservoir

Farmers and Igorot communities around Pantabangan dam are being displaced the Energy Development Corp. (EDC), California Energy and National Irrigation Administration (NIA).  From 2008 to 2009, EDC displaced about 40 Igorot families of Sitio Maluyon, Brgy. Villarica of Pantabangan town cultivating about 50 hectares.  EDC and NIA are pushing their so-called reforestation project but they are cultivating commercial fruit crops.  A vice-tribal chieftain was also arrested on March 22 as he opposed the EDC-NIA project.  EDC is owned by the Lopezes and the project was promoted by the Arroyo government that is now being continued by the Aquino government through his Public-Private Partnership (PPP) program and Philippine Energy Plan (PEP).

On May 1966, Philippine congress enacted the Republic Act 5499 or Upper Pampanga River Project that authorized the construction of the Pantabangan Multi-Purpose Dam.  On June 11, 1971 to August 1974,  the Marcos regime constructed Pantabangan Multi-Purpose Dam and Hydro-electric Power Plant producing 112 MW of power  and irrigates about 77,000-hectares of agricultural lands being the second biggest dam in Asia.  It was operated by National Power Corp. (NAPOCOR) and National Irrigation Administration (NIA).  About 8,100-hectares of productive lands were submerged and communities or 9 barangays were totally wiped out including the town proper of Pantabangan.  Locals were forced to migrate to nearby mountains. 

On July 10, 1987, the Cory Aquino government approved the entry of private corporations to the power industry.  On July 16, 1990 onwards, the Igorot people from earthquake-hit Cordillera areas migrated in Pantabangan and Carranglan area, increasing the population of indigenous peoples (Igorot, Bugkalot, Aeta) in the area. 

On February 1996, The Ramos government commenced with the Casecnan Transbasin Project at Alfonso Castañeda, Nueva Vizcaya that included a 27-km tunnel from the Casecnan river in Pantabangan, Nueva Ecija to Pantabangan Lake.  The dam and hydro-electric power plant were constructed by California Energy (CalEn) under a Build-Operate-Transfer (BOT) scheme.  The project also covered 57,930-hectare watershed program that displaced many Bugkalot communities in Nueva Ecija and Nueva Vizcaya areas.

On December 2001 under the Arroyo government, Casecnan Multi-Purpose Project, Hydro-Electric Power Plant were commissioned generating 140 MW of power operated by CE (CalEn) Casecnan Water and Energy Co. 

On May 2006, massive militarization displaced indigenous peoples communities, causing the killing of UCCP Pastor Andy Pawican on May 21 at Brgy. Fatima, the abduction of Rogel Marcial and Miguel Paltin on May 22. 

On September 8, 2006 under the Electric Power Industry Act of 2001 (EPIRA), the Pantabangan Multi-Purpose Dam and Hydro-electric Plant was privatized and rewarded to a Lopez-controlled First Gen Hydro Power Corp.  On October 15, 2008, the Lopez-controlled Energy Development Corp. (EDC) bought 60% of Pantabangan Multi-Purpose Dam/Hydro-Electric Power Plant from First Gen.  On January to February 2009, massive militarization was implemented in the area, causing mass evacuation, hamletting and human rights abuses. 

On November 2009, EDC covered 50-hectares of land in Brgy. Villarica as part of their watershed and reforestation program.  They are also targeting another 50-hectares where Sitio Maluyon is located, forcing the Igorot community of 34 households to abandon their farms.  As they are also victims of military harassment, they transferred their houses to nearby areas but continued to till the lands EDC is targeting.  Ernesto Bubod was the only one who did not vacate his house and farm. 

In 2010, EDC and NIA formed the pseudo-cooperative Maluyon Indigenous Christian Farmers Association (MICFA) that promised job opportunities to the Igorot farmers who left their houses and lands, but were paid P150 per day of work on the plantation on an irregular basis.  Militarization also continued at their area

From January to March 2011, EDC and NIA continue to deceive the Igorot farmers to leave the lands.  On March 22, Ernesto Bubod was arrested by elements of the Charlie Company of the 81st Infantry Battalion of the Philippine Army (IBPA).  Originally accused of arson but filed with illegal possession of firearms.  On March 2011, EDC and NIA approached the National Commission on Indigenous Peoples (NCIP) to approve the one-sided Memorandum of Agreement (MOA) with the Igorot farmers, that the latter rejected.

In response to the massive displacement, Igorot communities have organized Timpuyog Kaigorotan – Nueva Ecija (Igorot Alliance in Nueva Ecija).  More than 30 chieftains have already signified their efforts to defend their rights to land and livelihood.  Igorot communities from Pantabanga, Carranglan, Rizal, Bongabon, General Tinio and other towns have united to oppose the Aquino government’s program that would infringe their actual cultivation of lands.  Aside from Pantabangan energy project, the construction of Balintingon dam in General Tinio is a flagship project of the Aquino government.  The project would totally displace Igorot communities along Balintingon river and endanger even other Nueva Ecija towns in case of typhoon as this would eventually release water resulting massive flooding.

4.  Massive cancellation of CLOA, CLT and EP, foreclosure and preservation of haciendas

CARP claims that Nueva Ecija compose 36% of the total number of FBs in Central Luzon or about 95,855.  DAR recorded that covered lands 169,375-hectares thus averaging the farmsize to 1.77-hectares per FB.  The CARP working scope for the province reach to 179,366-hectares hence the program boast of 94% accomplishment.

Many farmers from Quezon-Licab-Sto. Domingo-Aliaga (QLSDA), south Nueva Ecija and other towns are now facing cases of cancellation of CLOA, CLT and EP, foreclosure by Land Bank and direct ejectment of landowners.  Haciendas are also preserved that proves that CARP did not realize genuine land reform or breaking up land monopoly and land distribution to the farmers.

The more than 2 decades of CARP and CARPer implementation have not realized fundamental changes on landlessness in the province.  The group said that vast haciendas continue to evade land distribution.  Hacienda Gabaldon, Kilantang, Anggara in Guimba town, Rueda in Quezon town, De Santos in Guimba, Cuyapo and Nampicuan towns, Tinio in Talavera town, and estates Ilagan, Gonzales, Domingo, Sanggalang, Joson, Angeles, Padre Crisostomo Estate in many towns of the province remain intact and farmers who are CLOA, CLT and EP holders are facing cancellation and foreclosure cases.

In Hacienda Rueda in Brgy. San Andres I, Quezon town, 238.34-hectares have been covered by CARP but annually farmers receive notices of foreclosure from Land Bank.  Farmers claim that they bear up with the rising costs of farming and the absence of government support, thus they remain indebted and unable to sustain amortization.  Some farmers have also their homelot being foreclosed.

In Brgy. Pulang Bahay, Quezon, CARP covered 455.33-hectares but farmers are facing problems caused by inaccuracies within Land Bank.  Some farmers who have fully paid amortization still do not have land titles, while some have pending balance as they are in total debt caused by rising costs of farming, usury, absence of government support and rising cost of living.

In Brgy. Bicos, Rizal, CARP-PD 27 covered 412-hectares but farmers are now facing cancellation cases of CLT.  Some farmers claim miscalculation of Land Bank, revising the involved lands thus increasing the rate of amortization.  The farmers worry that the amount they have paid for decades would go unaccounted.  Farmers also complain of rising costs of farming, pushing them to be victims of usury, eventually in deep poverty and indebtedness.

In Brgy. Cacapasan, Cuyapo, the 569.40-hectare Hacienda De Santos are cultivated by about 521 farming households.  Farmers endure high costs farming, usury, absence of government support and the increasing cost of living that hinder them to pay amortization.  The lands are being foreclosed by Land Bank.

In Brgy. Pacac, Guimba, Hacienda Gabaldon, Hacienda Kilantang and Hacienda Anggara compose the 822-hectares covered by CARP-PD 27 but farmers are now facing cases of cancellation of CLT and EP.  They receive annual notices of delayed amortization from Land Bank as only a few could keep up payment.

In Sta. Rosa, Jaen, Cabanatuan City, San lsidro and other southern Nueva Ecija towns, farmers are facing land cases usually ejectment cases filed by landowners.  Some already have their EP but landowners would backtrack into petitioning for their retention targeting the position of farmers.  Many farmers who are not able to pay their debt are beingi ejected by their financiers, grabbing their lands.  Farmers believe that landowners are forcing farmers to leave their lands because of the government’s “development” plans such as construction of highways that would definitely shoot up the market value of lands.

5.  Metro-Luzon Urban Beltway (MLUB), Land Use Conversion (LUC)

Nueva Ecija is also the site of major projects of the government particularly the Metro-Luzon Urban Beltway (MLUB).  MLUB is a component of the “super-regions” program of the hated Arroyo government that is now being promoted by the Aquino government through its Public-Private Partnership (PPP) program.

MLUB is composed of the Subic-Clark-Tarlac Expressway (SCTEx), Tarlac-Pangasinan-La Union Expressway (TPLEx), Central Luzon Expressway (CLEx 1 and 2) and North Luzon East Expressway (NLEx East).  Projects that would directly affect the province would be the 63.9-km-CLEx 1 and 2, the 92.1-km- NLEx East and the national road formerly labelled as SCTEx 3.

CLEx 1 would pierce from Tarlac City to Cabanatuan City, then CLEx 2 from Cabanatuan City to San Jose City.  CLEx 1 and 2 are estimated to convert about 319.5-hectares of prime agricultural lands and homelots of Nueva Ecija farmers and residents.  While NLEx East would pierce from Cabanatuan City, through Sta. Rosa, San Leonardo, Gapan then towards Bulacan province.  It would lead to the La Mesa Parkway in San Jose Del Monte City in Bulacan where MRT 7 inter-modal station is also planned to be constructed.

The national road formerly called SCTEx 3 from Sta. Rosa, through Laur, Gabaldon towns have already been constructed and converted productive agricultural lands such as those in the 3,100-hectares in Fort Magsaysay Military Reservation.  The road has caused the massive land grabbing by retired military and police officials in Fort Magsaysay.  It is also the road that converted the land of Pascual Guevarra, the first peasant victim of extra-judicial killing under the Aquino government.  He was killed on July 9, 2010.

The MLUB is patterned with the “W-corridor” based on Aquino’s Central Luzon Development Plan.  This plan aims to convert productive agricultural lands into commercial, industrial and residential enclaves. It is pinpointed by eco-zones and industrial hubs in the region namely, Masinloc Eco Zone (Zambales), Subic Bay Special Economic Zone and Freeport (Zambales), Bataan Technology Park in Morong, Bataan Export Processing Zone in Mariveles, Clark Special Eco Zone, Hacienda Luisita Eco Zone, Hermosa (Bataan) Eco Zone, Magalang (Pampanga) MADCI, Philippine Jewelry Center in Meycauayan, Bulacan, Gapan, Cabanatuan City and Science City of Muñoz in Nueva Ecija, then towards Baler and Dingalan freeport in Aurora. 

In Aliaga town, Nueva Ecija, the municipal government is constructing the 270-hectare agro-industrial estate anticipating the construction of CLEx.

Perspective of the Peasant Movement

Nueva Ecija farmers are determined to struggle for genuine land reform in the region.  Even being victims of state terrorism during the implementation of Arroyo government’s counter-insurgency program Oplan Bantay Laya, they are still resolute in defending their rights to land and livelihood.

Farmers are on the stage of shaping their provincial peasant alliance, the Alyansa ng mga Magbubukid sa Gitnang Luson – Nueva Ecija (AMGL-NE, Peasant Alliance in Central Luzon).  They are in constant defense of their position on their lands such as the case of Mambayu, Fort Magsaysay Military Reservation, Maluyon in Pantabangan, QLSDA and south NE towns and other areas.  They are also challenging various government institution and agencies to recognize their rights to land, such as the LGUs, district representatives, DAR, NCIP and other agencies.  AMGL-NE is in close coordination with the regional peasant formation AMGL.

Farmers in the province are supported by various sectors such as the workers, drivers, government employees, church groups and other groups.  Their campaigns are also supported by many national organizations and institutions of farmers, indigenous peoples,

fisherfolk, government employees, youth, academe, church, lawyers and more.

As build up for the October peasant campaign, they have lined up a series of activities such as caravan against landgrabbing and displacement, forums, dialogues with district representatives and more.

Nueva Ecija farmers have embraced the task of being a potent force of the peasant movement in the region.  They are considered as major victims of bankrupt government land reform program such as CARP and CARPer.  The province’ reputation of being the country’s rice granary is being transformed by the government’s program, thus, farmers are prepared to resist them.  They are agents of social reform, pushing for genuine land reform in the province, region and country.  Nueva Ecija is indeed a battleground for peasant struggle.

Their call,

RECOGNIZE FARMERS’ RIGHT TO TILL LANDS!

STRUGGLE AGAINST LAND GRABBING AND DISPLACEMENT!

STRUGGLE FOR GENUINE LAND REFORM!


Please support the struggle of Nueva Ecija farmers:

• actively participate on their activities;
• organize exposure, basic masses integration activities in Nueva Ecija;
• organize forums, symposiums and other venues to spread Nueva Ecija farmers’ issues;
• donate financial and material support for their activities.

For coordination, please send AMGL a message at  amgl.info@gmail.com

Full Medical Report Hacienda Luisita Massacre (Health Alliance for Democracy and Health Action for Human Rights)
Head and HAHR's Full Report on the Hacienda Luisita Massacre
 
 
Report of the Health Team on the
Hacienda Luisita Massacre
 
A paper submitted by Health Alliance for Democracy (HEAD)
and Health Action for Human Rights (HAHR)
to the SENATE COMMITTEE ON LABOR
(12 January 2005, Philippine Senate)
 
Introduction
 
On November 6, 2004, over 5,000 workers and agricultural laborers of Hacienda Luisita began a strike in order to highlight their demands for higher wages and better working benefits and conditions, as well as signify their disgust over the company’s union-busting and unfair labor practices. These were the main issues that have worsened their already miserable plight.
 
At the backdrop is the long-standing problem of land. Despite the coverage of the hacienda under Comprehensive Agrarian Reform Program (CARP) in 1987, the Cojuangcos, who were the landowners of the hacienda, opted for the Stock Distribution Option (SDO). SDO was one of the non-land transfer schemes that made the CARP beneficiaries supposedly “part-owners” of the land while virtually maintaining their status as workers or agricultural laborers. Hence, this historical failure to implement the fundamental principle of “land to the tiller”, which is the social justice aspect of land reform, set the tenor for the current struggle within the hacienda.
 
Immediately after the strike was set, two attempts were made by the local PNP to break the picket-line and disperse the strikers: the first on the evening of November 6 itself and the second on the morning of November 7. Both attempts failed as the number of strikers and their families and supporters swelled to thousands and bravely defended their positions.
 
The Department of Labor and Employment (DOLE), through Secretary Patricia Sto. Tomas, then took over the issue through the “assumption of jurisdiction” and immediately issued a “return-to-work” order on November 10. After being largely ignored, Sec. Sto. Tomas then issued an order on November 15 “deputizing” the AFP Northern Luzon Command (NOLCOM) to assist the Philippine National Police-Region 3 and local DOLE officials in enforcing the “return-to-work” order.
 
Hence, on November 16, even though the union leaders were still exhausting all avenues of negotiations with the Cojuangcos, a combined force of an estimated 700-strong provincial and regional PNP and 17 truckloads of fully-armed soldiers from the 69th Infantry Battalion Philippine Army (PA) and the 33rd Light Armor Company PA stationed at the NOLCOM entered the vicinity of Gate 1 near the picket-line. They were accompanied by two V150 armored personnel carriers (APCs) and two fire trucks.
 
The dispersal of the strikers outside Gate 1 began at around 3:00 p.m. when the AFP and PNP started shooting teargas canisters into the strikers’ positions. One of the APCs even tried to crash over the barricades set by the strikers in Gate 1. After failing to do so, shots were suddenly heard and the strikers started to scamper away. However, the shootings continued even after the strikers were already fleeing. Many saw other strikers fall even as they were already trying to run for cover or move out of harm’s way.
 
At the end of the violent and brutal dispersal, 7 people were dead and scores more were wounded, including women and children. Many were hospitalized for gunshot wounds (GSW) although there were also other injuries from the mauling that ensued.
 
The AFP and PNP were quick to deny any wrongdoing. They both claimed that they fired their weapons in order to defend themselves. Congressman Benigno “Noynoy” Aquino III and Sec. Eduardo Ermita quickly blamed the “Leftists and militants” and alleged “agent-provocateurs” who had supposedly infiltrated the ranks of the workers. Cong. Noynoy only stopped short of outrightly blaming the strikers for the violence, as the PNP and AFP were allegedly “only trying to enforce the law.”
 
This investigation was conducted, therefore, to shed light on the circumstances surrounding the brutal dispersal in order to determine the victims, especially the extent of damage to life and limb, and to determine those who are accountable. This investigation also indirectly seeks to assist the victims in their quest not just for redress but also for justice.
 
Methodology
 
The health team was headed by Health Alliance for Democracy (HEAD) and Health Action for Human Rights (HAHR) and included health professionals (i.e. physicians, nurses), health workers, and health students.
 
The health team conducted its investigations in three separate occasions: November 17, November 29, and December 4-5, 2004. The methodology involved direct interviews and medical check-ups of those who were injured (including those who were already hospitalized), interviews with relatives and witnesses of the casualties, direct inspection of the cadaver, and interviews with local officials and medical personnel, including Dr. Saturnino S. Ferrer, the physician who conducted the autopsy on five of the seven casualties.
 
The team conducted its own documentation, which included signed affidavits, medical records, photo-documentation, taped interviews, and records of direct examinations conducted by health team members. The team also reviewed other pertinent documents available, including review of relevant affidavits/sworn statements and a review of available videos.
 
The findings are divided into three parts: findings on the casualties, findings on the injuries, and findings on the conduct of surrounding medical facilities and health agencies.
 
Findings on the casualties
 
There were seven identified casualties. These were Jhaivie R. Basilio, Adriano R. Caballero, Jr., Jhune N. David, Jaime B. Fastidio, Jesus V. Laza, Juancho C. Sanchez, and Jessie M. Valdez. A summary of the information and findings on each of the casualties is attached as Annex A.
 
The bodies were brought to different funeral parlors from the site of incidence. Valdez, however, was reportedly brought to Camp Aquino before being brought to the funeral parlor where the autopsy was made. There was a gap of at least 19 hours from the time of incidence to the time the autopsies were conducted by Dr. Ferrer. It was also within this time gap that the alleged paraffin tests were done on the casualties.
 
Based on the data gathered by the health team, the following were significant:
 
All of the seven died of gunshot wounds, contrary to the report of the Provincial Health Office that Sanchez died of “severe head injury” and Laza died of “basal skull fracture”.
Three (i.e. Basilio, David, and Laza) suffered from multiple gunshot wounds while the other four had single but fatal gunshot wounds.
Except for two gunshot wounds, both of which were sustained by Laza, none of the 10 gunshot wounds of the other casualties were frontal. All of the entry wounds were either from the back or from the sides.
Two had other concomitant and suspicious-looking injuries. Basilio had contusions and lacerations on his face and neck areas, while Sanchez had a peri-orbital laceration and hematoma of the left eye, contusion hematoma over the lumbar area, and some discoloration on the feet. These were consistent with eyewitness accounts that the two were still alive when taken by the PNP and AFP and were mauled before being shot.
Six of the casualties were workers of Hacienda Luisita and all were residents of the hacienda. All were in their productive ages and had no previous severe illness.
 
Dr. Ferrer also noted “wax-like material” on the bodies of Basilio, Caballero, and Sanchez. However, the so-called paraffin tests were conducted without any consent or without being witnessed by relatives of the deceased, and even now, the document containing the actual results of the paraffin tests are still to be obtained.
 
Findings on the injuries
 
There were at least 121 injured, 44 of whom were seen and interviewed by the health team. Of the total injured, 108 were male and 6 were female, while 7 had no data on their sex. 63 were adults (between 20-59 years old), 11 were children (below 19 years old), 4 were of the geriatric age group (above 60 years old), and 43 had no age data. All were either employed in or residents of Hacienda Luisita and many were the breadwinners of their respective families. A summary of pertinent data on the injured is attached as Annex B.
 
Of the total injured, 32 were cases of gunshot wounds (GSW), of which 18 were seen, interviewed, and examined by the health team. Some were serious enough to warrant hospitalization, especially those with multiple injuries or multiple GSW. Some are still confined to various hospitals undergoing surgery. At least 5 of the GSW cases seen by the team still had bullets lodged inside their bodies.
 
Based on the clinical histories taken, many of injured were already running from Gate 1 when they were hit by the bullets. The gunshot wounds were not sustained from a single volley of fire but from a sustained volume of fire lasting up to almost 2 minutes.
 
Other injuries included teargas-related respiratory irritation, fractures (of the bones), contusions, abrasions, and lacerations, and contusions from blunt trauma. Most of these injuries were from the use of around 100 teargas canisters and from the ensuing stampede due to the shooting. However, at least two (one with multiple fractures and one with a fractured right hand) were the result of being repeatedly bludgeoned by the PNP with their riot sticks after the shooting.
 
Findings on the conduct of hospitals and health institutions
 
Based on data obtained by the health team, St. Martin de Porres Hospital, which is the nearest hospital from the site of incidence, being less than 300 meters away from Gate 1, transferred its existing in-patients at least a day before the incident occurred. Moreover, even before the violent dispersal was implemented, the hospital was secured by elements of the Army, aside from the PNP contingent earlier sent there to secure the hospital entrance. Also, Army medical personnel were already stationed in the hospital even before the shooting occurred.
 
The health team also finds the report of the Provincial Health Office (Annex C) to be flawed. For instance, one of the casualties, Juancho Sanchez, supposedly died of “severe head injuries” whereas autopsy findings show that he died of a single gunshot wound penetrating the left side near the pelvic area that hit his vital organs.
 
Similarly, the PHO report states that Jesus Laza supposedly died of “basal skull fracture”. However, the Initial Medico-Legal Report of the PNP Crime Laboratory signed by Dr. Reynaldo R. Dave, Jr. shows no head and neck injury and instead notes two GSW to the chest, both of which were fatal. It merits serious consideration as to how much weight should be given to the PHO Report given these significant errors, and why these errors were made in the first place.
 
Conclusions and recommendations
 
The health team finds adequate substantial evidence to state that the strikers of Hacienda Luisita were shot not “as a defensive stance” or because the PNP and AFP “were provoked” but rather as a direct armed offensive assault on the picket line. This assertion is supported by: a) the number and types of injuries and deaths, b) the character of the injuries and physical findings, and c) the volume and length of gunfire sustained against the strikers.
 
Moreover, the GSWs suffered by those who were killed and injured dispel any and all allegations that the PNP and AFP elements who fired their guns were doing so because they were under some sort of threat. Not even the alleged paraffin tests, conducted under dubious circumstances by the very same agency under question, can justify the blatant use of firearms, automatic and high-powered at that, against unarmed civilians. These are gross violations of the basic human rights of the strikers.
 
There is also no doubt that there was an excessive use of force during the November 16 incident. What is disturbing, however, is the fact that this excessive use of force is deliberate and intentional. Again, the injuries sustained by those who died and those who survived attest to this. The types and severity of the injuries belie any randomness and instead, point to a dangerous kind of recklessness spurred by an overarching intent to cause or inflict harm. There were even severe injuries due to blunt trauma sustained immediately after the shooting. The brutality of the dispersal thus casts a pall of shame on the PNP and serves as a grim reminder of why the AFP is prohibited from the picket lines.
 
Lastly, the findings of the health team point strongly to an element of premeditation rather than spontaneity (as is being alleged by the AFP and PNP), as regards the shooting. The size of the kill zone, as well as the volume of fire, as traced from the clinical histories, the character of the injuries, and the positions of the victims and casualties, all validate the element of premeditation. The events surrounding the St. Martin de Porres Hospital further corroborate this.
 
The health team, therefore, recommends that the findings and conclusions drawn by this report be investigated further and validated by other independent sources. First of all, the victims should be given immediate and adequate redress, through indemnification, of the damages and injuries to life and limb caused upon them to suffer.
 
Second, there should be a swift and decisive accounting of the responsibility for the deaths and injuries, not only from the AFP and PNP units involved but also from the government agencies (viz., DOLE, DILG, DND, and DAR) and the local government units. Appropriate administrative and criminal charges should immediately be filed.
 
Finally, if there is a genuine desire from the current dispensation to address the root causes of the conflict in Hacienda Luisita, President Gloria Macapagal-Arroyo should look closer and heed the demands of the working masses, the workers and agricultural laborers, for land, jobs, wages, and rights. Rather than merely dismissing this problem as a “purely labor issue”, the GMA administration should implement genuine agrarian reform and institute the much needed social justice demanded by the victims.
 
 
Annex A
 
 
SUMMARY OF FINDINGS ON THE CASUALTIES
 
 
Name/Personal Information/Autopsy Findings
 
Jhavie Basilio 20/male; single, hacienda worker 2 GSW (1 on the chest and 1 on the left buttocks) + contusions and lacerations on the head and neck areas
 
Adriano Caballero, Jr./23/male; married, caddie in the hacienda/1 GSW on the left side of the chest
 
Jhune David 28/male; married,/ hacienda farm worker/2 GSW (1 on the zygomatic region and 1 on the trapezoid region)
 
Jaime Fastidio/46/male; married, hacienda laborer/1 GSW on the mandibular area through the neck
 
Jesus Laza 34/male; single, hacienda worker/2 GSW on the pectoral region
 
Juancho Sanchez/20/male; single, hacienda resident 1 GSW on the left pelvic area + peri-orbital laceration and hematoma of the left eye, contusion hematoma over the lumbar area, and some discoloration on the feet
 
Jessie Valdez 30/male; married, hacienda laborer/1 GSW on the right thigh
 
 
 
Annex B
 
 
SUMMARY OF FINDINGS ON THE INJURED
 
 
Total injured: 121
Total seen by the health team: 44
All were either employed in or residents of Hacienda Luisita
Many were the breadwinners of their respective families
 
Breakdown by sex: Male – 108
Female – 6
No data – 7
 
Breakdown by age: Children (
Adults (>19 and
Geriatric (>60 years) – 4
No data – 43
 
No. of Gunshot Wounds (GSW): 32
GSW seen by the health team: 18
Some were serious enough to warrant hospitalization, especially those with multiple injuries or multiple GSW
Some are still confined to various hospitals undergoing surgery
At least 5 of the GSW cases seen by the team still had bullets lodged inside their bodies.
 
Other concomitant injuries:
1. teargas-related respiratory irritation
2. fractures (of the bones)
3. contusions
4. abrasions
5. lacerations
6. contusions from blunt trauma