P385-million projects proposed in Kalinga

WITH the impending extension of the Comprehensive Agrarian Reform program (Carp), various projects with total worth of P385 million in the eight municipalities of Kalinga, including Tabuk City, were proposed.

Provincial Agrarian Reform Officer II Victoriano Laguinday said even if the Department of Agrarian Reform (DAR) provincial office in Kalinga has nearly finished its job on land distribution, it has to continue its support to agrarian reform beneficiaries in the form of infrastructure and other ancillary services. Read more here...

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Communist guerrillas kill militiaman, briefly hold Philippine villagers

TABUK, Philippines - Communist guerrillas attacked a pro-government militia outpost in a remote northern Philippine mountain province, killing a militiaman and briefly holding several villagers as they were being chased by troops, an army general said Sunday. Read more here...

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A sorry accomplishment

Two weeks back, Tabuk journalist Estan Albano wrote in his column for a regional weekly the condemnation of the lawyer of the slain Malapiat settlers against the bloody June 25 demolition in general and former Rizal municipal mayor Marcelo de la Cruz in particular.

Mang Estan wrote that the lawyer, Atty. Rustico Gagate, charged that the former mayor had no respect for the judiciary. De la Cruz was the mayor of Rizal at the time of the demolition. His son, Chris Mark, took over from him.

Take note that, in 2003, De la Cruz successfully implemented the demolition of several shanties in the disputed area. The demolition went on smoothly, the settlers having consented to it although they did file cases in court against De la Cruz for issuing the demolition order. Almost as soon as the cases were filed, the settlers returned and settled the disputed lands anew.

BM Eduardo Buliyat, a former law professor, expressed the opinion that De la Cruz may invoke his executive powers in issuing a demolition order provided the property in question lies on public land. In the case of the Malapiat settlement, there is a case pending in court and the least the former mayor could have done was to respect the court and await its resolution.

Instead, De la Cruz proceeded to enforce the demolition on the very day he was to appear before the Tabuk RTC as a respondent to a temporary restraining order filed by Gagate over a demolition order from the office of De la Cruz. The timing of that demolition speaks volumes on De la Cruz’ respect for the judiciary and the rule of law.

Interestingly, Mang Estan wrote that around 50 Butbut tribesmen started reconstructing the burnt shanties on July 3, barely a week after the encounter that killed three of their tribemates. You may very well bet on more of them settling the area this time.

So what exactly did the former mayor accomplish? Why, nine dead bodies and a very tense police force, what else!? Oh, I forgot. Ten wounded policemen who must have had the worst scare of their lives.

***

Something else that Atty. Gagate said needs some probing into. He claimed that his clients were unarmed and it was possible that a third party fired at the lead group of policemen to ignite a violent clash between the troopers and the settlers.

Ace Alegre and Rod Osis of the Cordillera Today both hinted in their reports the possible involvement of communist guerillas in the Malapiat carnage. I also gathered from the usual round of talks that there were former NPA cadres among the “illegal” settlers. It is likewise possible that these former rebels maintain some kind of link with the left.

What is hard to give credit though is Atty. Gagate’s claim (likewise the slain settlers’ relatives) that his clients innocently stayed around to guard their shanties without meaning to provoke a fight and that they were also unarmed. Reports coming from the police and local mediamen who were present during the encounter confirmed that whoever manned the area had geared up for a battle. The women and children were somewhere else safe, for one. More importantly, there were foxholes found in the area.

If Atty. Gagate was telling the truth, that his clients were not there to fight, then they must be so naïve as to get themselves into an obvious war zone and not count on getting fired at or killed.**Bani Asbucan

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Guru’s Third

Sorry folks! I know this is two issues late. But I do happen to be the most seasoned writer for your only community paper, so I assume that my views regarding this paper’s third year of existence count for something.

First of all, it’s almost a miracle that the Guru Press managed to hang on for its third anniversary. It will be recalled that the Guru was not able to come out with its anniversary issue last year. In fact, there was even no celebration last year as everybody found it impossible to get away from our busy schedules and commitments for a get-together. Then came the haymaker that brought the Guru down to its knees: the departure of Manong Estanislao Albano by way of a stinging commentary against the way the paper is being managed.

For those who have recently taken up to reading the Guru, Manong Estan was the star of this weekly. I would go as far as saying the famous “Bodong-Basher” was the Guru Press. This paper did not only depend on his news stories and his column to fill up its pages, it was his write-ups that practically sold the paper.

When my long-time friend left, many began to doubt the Guru’s staying power as the longest-running community weekly. I, too, wasn’t very optimistic.

One year later, the Guru Press is still at it. Though the management has not managed to resolve certain defects in the paper’s operation, the fact that it got through a real crisis is no mean feat.

As the GP’s most senior hack (in terms of journalistic experience, not of age), I’d like to take this opportunity to give credit to whom credit is due with regards the Guru’s coming this far.

The biggest contributor to the GP’s continued success has to be its youngest member, none other than the associate editor, Oneil Cagan. As the associate editor, Oneil’s main job is to see to it that the paper comes out and on time as much as possible. When the writers failed to produce, Oneil took it upon himself to write the needed articles. There were issues wherein he was forced to churn in three columns just to fill the spaces in our opinions page. It’s his tough luck (sad to say) that he is stuck with columnists who could not fill up their space with consistency. Even I am no exception (sad to say and more so).

By the way, Oneil is the only original member of the GP who still actively writes for the paper. I came in about six months later. Then, Oneil was just content to maintain his column, What If?, but look how deeply involved he is with the paper now.

Still, Oneil, by his lonesome, could not have saved the paper.

Enter the two guys (I suppose that’s only half-right) who would go on to be the Guru’s stalwarts: Regino Wacas and Marciano “M-16” Paroy Jr.

Regie came in as a columnist a month or so before the second anniversary. His column Native Thoughts was an instant hit to readers who seem not to get enough of the controversies he raised. Seeing the need for more news writers, the very active president of the Kalinga Media Organization (KAMO) willingly obliged. Thanks to Regie, the grit stuff that characterized the Guru as a community paper got a much-needed revival.

Mars was the all-around guy the Guru needed. On several occasions, the KASC’s Earthline adviser did the layout whenever Oneil had an important matter to attend to. He has also proven himself to be the Guru’s most consistent columnist, his Academe having missed only two issues as far as I remember. Having seen his growth as a columnist and reporter, I am very optimistic that my former student will make more meaningful contributions for this paper in the years to come. And years the Guru shall have more of.

One of the most important contributors that deserve some accolades, too, are the PIA writers: Manong Peter Balocnit, Manong Larry Lopez, Manang Naty Genzola and Gigi Dumallig. Several times the PIA penmen were asked to increase their production if only to fill up the pages of the Guru and they never failed to deliver. Without their support, I doubt the Guru could have made it through its worst moments.

Finally, the efforts of Manang Gumie Pinkihan and Manang Christine Wangdali to keep the paper going cannot be overlooked. We who contribute to the GP are like a family and that is because the two ladies try to make it so.

Of course, we should not forget you, our readers. Your growing patronage of the Guru is what gives us the impetus to keep going. The same is true to our advertisers. We owe everything to you. Thank you, thank you, thank you…

Alas, we come to this point when I must give my assessment of the GP’s performance on its third year.

By common standards, the GP did very well the past year. But the truth is, last year’s general achievement fell short compared to the accomplishments of the first year. Still, I consider the last quarter from April to July as our most worthy achievement. Our coverage of the local elections all the way to the violent demolition in nearby Rizal municipality should speak volumes on the GP’s commitment to deliver the news with the highest standards of accuracy, balance and candor.

We could not claim to be perfect, of course, and as the news editor for the duration of the election period, I apologize for a number of events and incidents that we failed to report on although we could always claim to have reported the most essential ones. I, for one, committed a quite a blunder with the headline of an article I wrote on the result of the gubernatorial race. Some wiseass cracked jokes regarding the headline that obviously made supporters of former congressman Laurence Wacnang seething mad at me as evidenced by their impassioned text messages sent through my cousin who is a relative of Apo Wacnang.

To Sir Larry: I’m really sorry about that headline. It was, in all honesty, nothing more than a lapse in judgment brought on by the pressures of rushing to meet deadlines. I’m sure the text of the controversial article will prove as much.

That said, I wish everyone the best. You can be sure the Guru Press shall endeavor to bring you the news whether its good or bad and whether you like it or not.**Bani Asbucan

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Former Rizal mayor to be charged for bloody demolition

City of Tabuk, Kalinga - The issue on the ownership of the disputed parcels of land in Rizal, Kalinga will now take the back seat as the court will presently be asked to determine accountability for the killing and injuries inflicted during the demolition at sitio Malapiat in barangay San Pascual on June 25.

Lawyer Rustico Gagate, counsel for the Malapiat settlers, informed the media that a number of charges will be filed with the Department of Justice against then mayor Marcelo dela Cruz for ordering the demolition activity which triggered the encounter which left nine people dead and 12 others injured.

Gagate said that among the charges to be filed will be for the extra-judicial killing of Juan Attang and Felimon Oliva. He claimed they have witnesses who saw the two being taken by the police to their checkpoint alive on June 25. Gagate said the bodies of the two were found in the funeral parlor the following day.

Gagate also said that a separate murder charge will be filed against dela Cruz for the killing of Aboc Tayaan who he de­scribed as a blind and cancer-stricken old woman. He pointed out that the house of Tayaan is far from the scene of the bloody clash.

Asked to comment on the impending charges, dela Cruz said that that is expected as Gagate has already filed several cases against him earlier.

Dela Cruz turned the tables on Gagate saying that after the eviction of the squatters in 2003, the lawyer had filed three cases against him (dela Cruz) but did not wait for the resolution of the cases before allowing his clients to re-enter the area.

Dela Cruz claimed that the Malapiat lots have been titled in the names of the people who have been displaced by the clients of Gagate.

Regarding the charge of summary execution of Attang and Oliva, dela Cruz asked how he could have ordered such as claimed by Gagate when he was in the company of people from the Commission on Human Rights and military and police officials all the time on the day of the demolition. He added that if such a case would be filed, perhaps the right agency where the case should be filed should be at the CHR.

He, however, expressed the wish that Gagate will just help find solution to the festering land conflict instead of creat­ing more problems.

Gagate debunked the claim of the police that it was his clients who provoked the bloody encounter by firing the first shots asking how that could be when his clients were unarmed.

He claimed that with the scene of the clash overgrown with tall grasses, it is not impossible that a third party had entered the scene and fired at the police purposely to ignite a clash between the police and his clients.

Gagate also alleged that the Malapiat residents who are now in the custody of the police and are facing charges for their alleged participation in the clash are young farmers who sought the assistance of the police on June 25 but were arrested and jailed instead.

Gagate said that the lawyers of several anti-crime groups including the CIBAC partylist and the Volunteers Against Crime and Corruption (VACC) "are now taking the lead to. bring dela Cruz to the DOJ for appropriate investigation of his crimes."

Gagate informed that dela Cruz was summoned by the Regional Trial Court here to appear before it on June 25 for the hearing on the urgent petition for the issuance of a temporary restraining order against the demolition which he (Gagate) filed in behalf of the settlers but instead of heeding the order, dela Cruz ordered the demolition on the same day.**Estanislao Albano Jr.

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Fatal Mistakes

As I looked over the pictures of the dead settlers who fought it out with government troopers last Monday, June 25, I could not help but notice the poor state of their bodies and their clothing. But what was more disturbing was the fact that they were all barefoot.

Make no mistakes about it. The eight men and one woman who died fighting for the land they claimed as theirs were just poor farmers who needed the land for their survival.

They were up against a superior force that could always expect reinforcement when necessary. Worse, most of them were armed with old guns. It was suicide, any which way you look at it. But what could have driven a small band of settlers to decide to stick it out and fight to the death? In fact, they were even the ones to draw first blood when they fired upon the lead group of PNP officers and paid for it dearly. So dearly, one might say.

What they died for may be no more than mere shanties to a town mayor who wanted them removed from the area. To the dead settlers those shanties represented their hopes, their dreams, their lives…

I wonder now if outgoing Rizal town mayor Marcelo dela Cruz can sleep well at night after last Monday’s carnage. Twelve people are dead (three more dead bodies turned up last Thursday) because they refused to leave a piece of land when he wanted them to. They were dead because he thought he could scare them away with a show of force (about three companies of PNP and Army personnel showed up to secure the demolition team) but he thought wrong.

There’s something else that really disturbs me.

The alleged squatting by the fatalities and their companions is still under court litigation. Obviously, there was no court order to support the demolition – it was actually arson as the policemen (read: not the demolition team) allegedly burned the shanties during clearing operations.

Fellow journalists who researched on the case at the Tabuk RTC found out that there was a subpoena for Mayor dela Cruz to appear before the sala of Judge Marcelino Wacas on the 25th, the day of the tragic encounter, for a hearing. The hearing was set after the “illegal settlers” petitioned the court for TRO against a move by the Rizal LGU to demolish their structures. Instead Mayor dela Cruz reportedly signed a demolition order on the 20th setting a June 25 deadline for the removal of all “illegal structures” in Sitio Malapiat. The order was supported by a council resolution.

Some lawyers my friends from the local media talked to offered that there were two school of thoughts on the legality (or illegality) of enforcing a demolition without the proper court order by invoking the executive powers of the office of the mayor, Bulanao barangay chairman Benedicto Sugguiyao Sr. called a case of “adventurism.” I call it a fatal mistake.

To give you a brief background on the case, Sitio Malapiat is part of the 200-hectare Hacienda Madrigal which was awarded for occupation under the agrarian reform program. No less than President Arroyo came to Rizal last year to distribute land titles to selected individuals. The problem was that awarding the lands to the original tenants (who are mostly not native Kalingas) and other selected beneficiaries presented complications with the native Kalinga settlers laying claim to portions of land in the area. I would like to stress that those who fought it out in that raging nine-hour gun battle, which was covered live by local FM station Radyo Natin, are not necessarily squatters. Several of them reportedly bought the lands they occupied from the original occupants (or people claiming to be the owners of the land). Lastly, those so-called “squatters” made several improvements to the area including the clearing of pathways and the road leading to their tenements.

I believe that the timing of the demolition order raises a lot of ugly questions and even uglier speculations. If the reports were true that a TRO was issued after the fighting started, then you can expect that matters shall come to a head in the next few days.

As for the PNP, I sympathize with you especially the wounded. Afterall, you were only following orders from your superiors even if the demolition order you risked your life for was questionable. But the fact is, you had superior force on your side. I believe you could have simply given them a little taste of it then let them decide whether they want more or bust. They might have simply come to their senses or run out of ammo and cleared the area.

When you consider all the possible moves the troopers could have taken, one can’t help but come out with the ugly truth: There was overkill. I have several relatives and friends among the Kalinga PNP, but I am really sorry to have to say this.**Bani Asbucan

Happy third anniversary to Guru Press!
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Congrats to Nonito Donaire for letting that Armenian turned Australian bull and arrogant Vic Darchinyan kiss the canvas.

The Governor is a woman!

Yes this year maybe is the year of the women. Last June 28, 2007 , the oath taking and turnover ceremonies were held at the provincial capitol compound.

Dr. Floydelia R. Diasen is sworn into office by RTC Judge Marcelino Wacas.

Out-going Governor Dominador T. Belac, Sr. hands the symbolic key of authority to Incoming Governor Floydelia R. Diasen. Diasen is in jubilation delivering her inaugural address after receiving the key from Belac.

July 2, 2007. Diasen is smiling as she delivers her First Monday Flag Raising Ceremony message to all national and provincial employees at the capitol ground.

SITUATION UPDATE

This morning, the PNP made a presentation on the events that led to the bloody armed encounter at Sitio Malapiat, Barangay San Pascual, Rizal, Kalinga on June 25, 2007. It was delivered during the first Monday Kapehan or meeting at the SP session hall. The presentation with minor modification:

AUTHORITY

- Administrative Order No. 2007-001 (LGU Rizal) Re-organizing the Municipal Action Team of Rizal, Kalinga

- SB Res. No. 2007-002 authorizing the Mayor of Rizal to enforce Municipal Ordinance No. 2005-005 Strictly Prohibiting Land Squatting in the Municipality of Rizal, Kalinga.

- Letter of Hon. Mayor Dela Cruz dated June 20, 2007 requesting for security assistance.

BACKGROUND

- June 22, 2007, Operation Officer and GD, 1605th PPMG attended the meeting held at Tuguegarao City regarding security preparation to be employed during the dismantling of all illegal structures and improvements at Sitio Malapiat, San Pascual, Rizal, Kalinga, pursuant to the above references.

- June 23, 2007, security personnel was organized composed of 110 personnel including 7 officers of PNP/PA.

NARRATIVE

- June 25, 2007, around 5:30 AM security personnel from this office jumped-off towards Rizal, Kalinga to provide security assistance and ensure the safety and protection of the demolition team of LGU Rizal.

- June 25, 2007, around 6:30 AM, prior to jump-off to the area, a briefing was conducted by Hon. Marcelo Dela Cruz attended by the security personnel relative to the demolition to be undertaken by LGU Rizal.

- At around 7:30 AM, Demolition Team of LGU Rizal led by the Mayor Hon. Marcelo Dela Cruz with other local gov’t officials and security personnel proceeded to the area to implement the demolition.

- Security personnel were deploying themselves for security assistance to the area when they were fired upon without any apparent reason by the armed group from the area in the shanties who already pre-positioned themselves in foxholes, covered by tall and thick cogon grass.

- Four PNP personnel were wounded at first volley of fires.

- Demolition team scampered for safety when the fierce fight ensued.

- Reinforcement personnel of Tabuk MPS were also met by volley of fires hitting several police.

- At around 10:00 AM same day, PNP and AFP personnel led by PD, KPPO and Battalion Commander, 21st IB PA also proceeded to the area for reinforcement.

- As the gun fires still continuous emanated from the positions of the armed men, personnel of the Commission of Human Rights arrived. AFP/PNP with CHR personnel exhausted all possible means to unilaterally stop the firefight to avoid loss of life but to no avail. The armed men were also ordered to surrender through megaphone, however they kept on firing towards the government troops that caused PO2 Garry Bassiag and PO1 Ramon Mamanteo hit and subsequently evacuated to nearest hospital.

- Due to enemy stronghold and fortified position, large scale operation was hatched.

- At around 3:00 PM, joint elements of PA and PNP maneuvered towards the enemy backed-up by two (2) V-150 to neutralize the enemy and clear the area which lasted up to 4:00 PM.

- At 3:15 PM, SPO1 Reynaldo Villanueva was fatally wounded during the firefight.
Clearing operation continued until 5:00 PM.

INVESTIGATION PHASE

- Joint investigation was made by Rizal Police Station and Task Force Malapiat under the Supervision of the undersigned resulted in the filling of Criminal Case titled Multiple Frustrated Murder against the eight arrested suspects docketed under PI Case No. 07F-135 before the Provincial Prosecutor Office. However, two of the arrested suspects when found out to be minors were properly turned-over to Provincial DSWD for their proper disposition.

RESULTS OF OPERATION

- The authorities were able to identify individuals with criminal records. eight enemies were arrested/captured; eight enemies were dead and 10 policemen wounded.

- Recovered evidences: Two M16 rifle with two short magazines and live ammunition, One US Carbine SNR 617245 with one magazine and three live ammunition, Four Long locally made shotgun, One Short locally made shotgun, One hand grenade, Two empty shells of Gauge 12 shotgun.

OBSERVATIONS/COMMENTS

The encounter area was already cleared of the family of alleged illegal settlers when the demolition team and PNP/AFP arrived and in fact there was no demolition transpired that could have been the basis to get the ire of the residents.

It can be gleaned from the facts that armed groups were already pre-positioned before the arrival of the demolition team and the PNP/AFP that will provide police assistance and premeditated the attack against civilian demolition team and PNP/AFP.

It could have been scores of civilians to become the casualties had they entered the contested area had the police allowed them to do so. The police in fact observed police operational procedure (POP) in the conduct of said tasking.

RECOMMENDATIONS

Recommend financial assistance for the medication/hospitalization of wounded PNP personnel.

A glimpse of truth

Demolition job turns into a massacre

TABUK CITY – What was thought to be a simple demolition of a few shanties at nearby Rizal municipality last Monday raged into a deadly gun battle that claimed the lives of nine of the settlers and wounded 13 others including 10 policemen.

Police reported that the fighting took place at Sitio Malapiat, Barangay San Pascual within the disputed area of the Hacienda Madrigal. The fighting lasted from 8 a.m. to 5 p.m.

Police sources claimed that the settlers, who hid behind the tall grasses along the path, fired upon the unsuspecting troopers of the advance team immediately wounding several of them including the team leader, S/Insp. Bobby Glenn Ganipac, commanding officer of the Provincial Mobile Group.

Mediamen who went to the scene of the encounter said they found freshly dug foxholes where the settlers apparently positioned themselves.

Crew members of Radyo Natin, a local FM station in Tabuk City, said two V-150s were quickly dispatched to the scene. The V-150s pounded the position of the settlers and clearing operations soon followed as the heavily outgunned settlers tried to beat a hasty retreat.

Police identified the fatalities: Pedro Oliba, Felimon Oliba, Conrado Ordoña, Delfin Madayag, Juan Attang, Bangi Baccoy, Abbuc Tayaan, Rufino Cullaban and Sabawil Agyao.

The Olibas and Madayag are natives of Mabaca, Balbalan. Attang is from Ab-abaan, Balbalan. Ordoña is from Bulanao, Tabuk. Baccoy, Tayaan and Agyao are from Butbut, Tinglayan.

The wounded among the settlers were identified as Gayyad Addawi, Alib Balas and Gaspar Cayabo.

On the side of the police, the names of the wounded are still unavailable as of this writing although the Cordillera Today learned that an Insp. Leo Guay and the leader of the Cagayan RMG were among the wounded. Police sources said the policemen are now in stable condition.

Media reports also indicated that the government troopers also torched the tenements in the area.

The Cordillera Today gathered that a composite team of Kalinga PNP and Army personnel along with a Regional Mobile Group stationed in nearby Cagayan province were dispatched to Rizal to provide security for the demolition crew.

The demolition order was supported by a resolution by the Sangguniang Bayan of Rizal. Dela Cruz claimed before the local media that he had notified the settlers to remove their structures and leave the area but the latter refused to heed him. Dela Cruz further claimed that he sent written notices to the settlers but they refused to accept the notices.

The area is part of the land awarded for occupation through the land reform program. The settlers were claiming the area as their ancestral land while some claimed that the land was sold to them by the original occupants. Observers noted that the settlers made several improvements on the area and had even cleared a road leading to the site.

It is not clear whether there was a court order issued for the demolition as the matter of the alleged illegal occupation of the disputed lands is still under court litigation. **Bani Asbucan

See slides here.

Note: The disputed land is a problem for almost 60 years.
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