A broken and lawless nation – killing in front of families

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

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

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

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

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

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

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

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

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

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

Reynaldo Labrador: shot in front of his wife, children

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

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

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

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

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

Vicente Felisilda: shot in front of his brother

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

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

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

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