Interim Report - Report No 279, November 1991

Case No 1444 (Philippines) - Complaint date: 25-FEB-88 - Closed

1. 544. The Committee has already examined the substance of this case on four previous occasions, each time presenting interim conclusions to the Governing Body, the most recent of which were approved in February-March 1991 (see 277th Report, paras. 303 to 334).
2. 545. The Government supplied certain further information on this case in a communication dated 12 August 1991.
3. 546. The Philippines have ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 547. After four detailed examinations, the outstanding allegations in this case now concern: developments in the murder trials concerning the Laws Textile Philippines Ltd. and the Goldilocks Bakeshop incidents; numerous allegedly anti-union measures such as interrogations, sedition trials, arrests or murders, in particular the arrests and death of four named union leaders in separate incidents in March and April 1990; the unclear role of the Civilian Auxiliary Force Geographical Units (CAFGUs) in the repression of workers' rights; and a pending request for more up-to-date information on the various Filipino bodies responsible for the monitoring of human rights violations.
2. 548. At its February-March 1991 Session, the Governing Body, in the light of the Committee's conclusions, approved the following interim recommendations
   • (a) The Committee deplores the death of trade unionists during a certification ballot at the Laws Textiles Philippines Ltd. and the Goldilocks Bakeshop picket line and asks the Government to inform it of the outcome of the murder trials currently under way against the security guards charged with these crimes.
   • (b) The Committee requests the Government to supply its detailed comments on the arrest of three union leaders (Nestor Libalib, Rolly Olano and Lydia Sicat) in separate incidents in March and April 1990, and on the alleged death of unionist David Borja on 29 April 1990, concerning which no information has been supplied.
   • (c) The Committee asks the Government to transmit as rapidly as possible copies of any judgements handed down regarding the various arrests, interrogations, threats, etc., which the complainant alleges forms part of a military and police policy of anti-union harassment, so that the Committee will be in a position to assess this allegation; in particular, the Committee asks the Government to supply details on the trials against the two trade union instructors, Messrs. Marlon Luares and Elizalde Malaluan, arrested and released on bail after the military raid on a trade unionist's seminar on 25 March 1990 and to send examples of the seditious material which it claims to have confiscated.
   • (d) The Committee expresses its concern at the Govermment's refusal to dismantle the Civilian Auxiliary Force Geographical Units (CAFGUs); since the Government indicates that these armed groups cannot be equated with unsupervised vigilante groups which it has vowed to abolish, the Committee asks the Government to supply up-to-date information on the role of CAFGUs, and their auxiliary companies known as SCAAs in the light of the allegations examined in this case.
   • (e) (...)
   • (f) Lastly, the Committee awaits the information promised from the Government on certain other outstanding aspects of this case, in particular information on: (1) developments in several trials (concerning trade unionists Roxas, Barros, Tullao, Peru, Alberio, Cubilla, Adriano, Sarias, Cueva, Alderite, Espirita and Roda); (2) any new information on the situations of Messrs. Clutario, Orculla, Sabidalas and the Laguna May Day 1988 incident; (3) the nine specific deaths or disappearances documented in 1989 and unfair labour practices during strike pickets in 1989, listed in the Committee's 272nd Report, paragraphs 320 and 322; (4) up-to-date statistics on the operations of the various bodies established in the country for the promotion and monitoring of human rights violations.

B. The Government's reply

1. 549. In its communication of 12 August 1991, the Government admits that there is indeed a need to improve the administration of justice in the country, but it assures the Committee that it has not been remiss in introducing the necessary judicial reforms aimed at improving this administration. It supplies recent statistics of the Philippine Commission on Human Rights.
2. 550. Regarding the dissolution of the CAFGUs and other paramilitary forces, the Government states that a Philippine National Police Force (PNP) has been recently created, merging the Philippine Constabulary and the civilian police force into a single identity. This merger is designed to place police authority, functions and responsibilities in one agency to the exclusion of all others, the CAFGUs included. The CAFGU will, however, remain part of the military establishment while all other armed groups have been abolished and deemed illegal in accordance with section 254 of the National Constitution which provides that "private armies and other private groups not recognised by duly constituted authority (sic) shall be dismantled. All paramilitary forces including Civilian Home Defence Forces not consistent with the citizen armed force established in this Constitution shall be dissolved or where appropriate, converted into the regular force."
3. 551. The Government states that proceedings against the security guards involved in the violence surrounding the Goldilocks Bakeshop picket line were filed with the Pasig Regional Trial Court (Branch 164). However, while the case was pending, the complainants filed affidavits of desistance stating, inter alia, that the persons charged had nothing to do with the alleged crime. The case was thus dismissed.
4. 552. According to the Government, the arrests of Nestor Libalib, Rolly Alano and Lydia Sicat are now being looked into by the Department of Justice, following queries to it from the Department of Labor and Employment. The Philippines Commission on Human Rights has also supplied information to the effect that Lydia Sicat reportedly escaped from her abductors but has not yet communicated with the Commission, prompting the latter to archive the case.
5. 553. The Government states that criminal cases for sedition are now pending against Marlon Luares and Elizalde Malaluan, who are currently free on bail. The Philippines Commission on Human Rights, where these two persons have filed complaints against the arresting officers, is monitoring developments in the trials.
6. 554. With regard to the Committee's request for information promised from the Government on outstanding aspects of this case (277th Report, para. 334(f)), the Government gives the following details. The Department of Justice is also looking into the cases relating to Messrs. Cueva and Espiritu with a view to ensuring them a fair and prompt trial; Mr. Espiritu is currently free on bail. Regarding Mr. Roda's crime of sedition, the Government states that the Court of Appeal recently granted his motion for a new trial. Regarding Mr. Meliton Roxas' death, the police report of the Laguna Police Station shows that he was "killed by two unidentified malefactors armed with a calibre 45 pistol riding a light red motor cycle". In addition, according to the Government all those arrested during the Laguna May Day celebration in 1988 have since been released and, contrary to the KMU's allegation, there was no violent dispersal although the police admit to dispersing the strikers since they were blocking main thoroughfares and some troublemakers were arrested. No substantial developments have taken place in respect of investigations being conducted into the cases of Messrs. Peru, Sarias, Adriano and Cubillo. Their deaths were brought to the attention of the Angeles City Police Headquarters by the Philippines Commission on Human Rights. The Government points out that Angeles City is in the region that has been devastated by the eruption of Mount Pinatubo. According to the Laguna Police, Mr. Orculla was never arrested. The murder of Peter Alderite is being investigated with a view to the filing of criminal charges with the Public Prosecutor (Fiscal) of Davao City.
7. 555. The Government states that there is still no information available on the whereabouts of Messrs. Clutario, Sabidalas and Tullao; it is highly doubtful whether any headway can be made by the investigating agencies in view of the lack of witnesses, leads and/or complainants. Apart from the fact that these individuals allegedly disappeared, there are no other facts sufficient to warrant the prosecution of their alleged abductors, if indeed there are any
8. 556. With regard to the nine specific cases of deaths and disappearances listed in the Committee's 272nd Report, the Government supplies the following information:
   • - Reynaldo Gonzales: purportedly disappeared to join the underground movement;
   • - Alberto Ramos: his death was the result of a gang war between two notorious gangs in the country known as "Sige Sige Sputnik" and "Batang City Jail Gang";
   • - Felix Cantada: as above;
   • - Arturo Mirasol: a progress report on the ongoing investigations carried out by the Western Police District reveals that the principal suspect is Albert Abrera, a personal bodyguard of the owner of the firm where he used to work, and that charges will probably be filed against the suspect soon;
   • - Ildefonso Caran, Gregorio Delumias, Galileo Dinoy, Danilo Acuna: as above;
   • - Arnold Ilustrisimo: under investigation.
     • In addition, the labour disputes mentioned in the allegations of unfair labour practices have since been settled and resolved.

C. The Committee's conclusions

1. 557. The Committee notes with interest the large amount of material supplied by the Government on the allegations outstanding in this case, some of which dated back to May Day 1988 and some of which concerned further allegations presented by the KMU in 1990. In particular, the Committee notes that the following proceedings have been closed, either at the request of the petitioners or for lack of evidence or leads: the Goldilocks Bakeshop picket line murders; the Lydia Sicat case; the Clutario, Sabidalas and Tullao disappearances; the Orculla arrest; Mr. Meliton Roxas' death; the gang murders of Alberto Ramos and Felix Cantada; and the disappearance of Reynaldo Gonzales. The Committee regrets the closing of these cases and recalls that a genuinely free and independent trade union movement cannot develop in a climate of violence or uncertainty.
2. 558. The Committee also notes that police, Public Prosecutor and/or Philippines Human Rights Commission inquiries are continuing into the following matters: the arrests of Nestor Libalib and Rolly Alano (Department of Justice); the forthcoming trials of Messrs. Cueva and Espiritu (Department of Justice); the deaths of Messrs. Peru, Sarias, Adriano and Cubillo (Angeles City Police); the murder of Peter Alderite (Davao City Fiscal); and the deaths of Messrs. Mirasol, Caran, Delumias, Dinoy and Acuna (Western Police District). It requests the Government to inform it of developments in these cases.
3. 559. The Committee takes special note of the fact that certain trials are currently taking place: the sedition trial following the raid of a trade unionists' seminar they were organising in March 1990 against Messrs. Marlon Luares and Elizalde Malaluan, who are currently on bail and who have taken counter-procedures against the arresting officers, and the new trial ordered by the Court of Appeal in the matter of sedition charges against Mr. Roda. Given the seriousness of the charges brought in these cases and the fact that the KMU believes the unionists involved are being prosecuted more for their union membership and activities despite the actual charges made, the Committee asks the Government diligently to continue supplying it with information on progress in the court proceedings, and to send it a copy of the judgements immediately they are available.
4. 560. The Committee regrets that the Government's reply is silent on three remaining incidents listed in paragraph 334 of its 277th Report, namely developments in the murder trial (regional trial court) under way against a certain Reynaldo Arcilon following the Law Textiles Philippines Ltd. shooting; the shooting of David Borja, Chairman of the KMU-affiliated United Workers' Union of Lanao on 29 April 1990; and developments in trials concerning unionists Barros and Alberio. It trusts that information on these aspects of the case will be transmitted rapidly and it recalls that when disorders have occurred involving loss of human life, the setting up of an independent judicial inquiry is a particularly appropriate method of fully ascertaining the facts, determining responsibilities, punishing those responsible and preventing the repetition of such actions (Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, para. 78).
5. 561. Lastly, the Committee notes that the CAFGUs will have no police responsibilities and will remain part of the military establishment although all other armed groups are dismantled and despite the merging of official militias into the new Philippine National Police (PNP). Not having more details on the role of the CAFGUs - and their auxiliary companies known as SCAAs - the Committee expresses the hope that the fears aired by complainants in the present case as to the real motives behind the existence of such additional armed groups are now allayed and, in this connection, points out that CAFGUs, being subject to military rules, should be fully accountable and their activities should in no way prejudice workers or impair the exercise of freedom of association.

The Committee's recommendations

1. 562. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee notes that certain allegations in this case do not call for continued examination since, at the national level, proceedings have been closed, either at the request of the petitioners or for lack of evidence or leads; the Committee regrets the closing of these cases and recalls that a genuinely free and independent trade union movement cannot develop in a climate of violence and uncertainty.
   • (b) The Committee requests the Government to inform it of developments in police, Public Prosecutor and/or Philippines Human Rights Commission inquiries that are continuing into the following matters: the arrests of Nestor Libalib and Rolly Alano (Department of Justice); the forthcoming trials of Messrs. Cueva and Espiritu (Department of Justice); the deaths of Messrs. Peru, Sarias, Adriano and Cubillo (Angeles City Police); the murder of Peter Alderite (Davao City Fiscal); and the deaths of Messrs. Mirasol, Caran, Delumias, Dinoy and Acuna (Western Police District).
   • (c) Given the seriousness of the charges brought in the trials pending against Messrs. Luares and Maluluan and against Mr. Roda and the fact that the KMU believes the unionists involved are being prosecuted more for their union membership and activities despite the sedition charges made, the Committee asks the Government diligently to continue supplying it with information on progress in the court proceedings, and to send it a copy of the judgements immediately they are available.
   • (d) It also requests the Government to supply information on the three remaining incidents listed in paragraph 334 of its 277th Report, namely developments in the murder trial (regional trial court) underway against a certain Reynaldo Arcilon following the Law Textiles Philippines Ltd. shooting; the shooting of David Borja, Chairman of the KMU-affiliated United Workers Union of Lanao, on 29 April 1990; and the developments in trials concerning unionists Barros and Alberio.
   • (e) Lastly, as regards the various instances under way concerning trade unionists, the Committee recalls the importance of freedom from arbitrary arrest, of the right to a fair and rapid trial and of setting up an independent jucicial inquiry when incidents have led to loss of life so as to fully ascertain the facts, determine responsibilities, punish those responsible and prevent the repetition of such acts.