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.
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
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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