Bulatlatan
Written by: a concerned lawyer
Published: Bulatlatan, June 8, 2009;
Source: Bulatlatan snapshot at the Internet Archive;
Markup: Simoun Magsalin.
I am a concerned lawyer from Mindanao. I would like to speak out on the recent Evelyn Pitao case in Davao. Evelyn Pitao-Dadula was the sister of the notorious Leoncio Pitao aka Kumander Parago. She and her common-law husband, Roberto Dadula, were murdered in broad daylight at their home in Kapalong, Davao Oriental last May 23.2009. The heinous crime was carried out by motorcycle-riding armed men who immediately rushed out from the scene.
Most Davaoenos are not sympathetic to Leoncio Pitao aka Kumander Parago and his family. This is because of Parago’s criminal record in the infamous Digos Massacre in 1991, and his involvement in many incidents of extortion or ‘revolutionary tax collection’on Davao landowners and mining firms. But I cannot keep from expressing my views on this case because of the grave abuse of human rights guaranteed by the Universal Declaration and the International Humanitarian Law .
Immediately after the double-murder, GMA-TV news quoted a statement from the Communist Party of the Philippines, published in their website, www.philippinerevolution.net, saying that the military was behind the killing and that it “was meant to break the NPA Commander’s spirit.” Further on, it said that, “Revolutionary justice will ultimately catch up with the fascist planners and perpetrators of these dastardly attacks against the Pitao family and other crimes against the people in the course of the US-Arroyo regime’s Oplan Bantay Laya.”
On May 26, a completely different story came out from the statement of the Merardo Arce Command (MAC) of the New People’s Army in Davao, stating that, “guerilla operatives of the Ka. Paking Guimbaolibot Red Partisan Brigade (KPGRPB) implemented the capital punishment on the basis of the decision reached by the revolutionary people’s court in February 2009.”
The statement claimed that, during the military raid on their house in November 1999, “Evelyn Pitao and her live-in partner …relayed accurate information on the exact whereabouts of her brother, Ka. Parago. This resulted on the capture of Ka. Parago.” The MAC accused Pitao of being a military agent since 2006 to track down her brother Parago and her former husband, Ka. Emong.
“After a prima facie case was established, an order for her (Evelyn Pitao’s) arrest with several others …was issued on February 2009.” They were eventually tried and sentenced in absentia by the people’s court. “The Southern Mindanao Regional Party Committee of the Communist Party of the Philippines reviewed and upheld the decision of the People’s Court and consequently approved the inclusion of Evelyn Pitao in the NPA’s Regional Standing Order,” the MAC further stated.
The same press statement also admitted that the killing of Roberto Dadula was a “tactical operational error” and that it “should not have been resorted to since he was not a target nor did his resistance take place in an armed manner, and thus, posed no threat to the NPA team.” Further on, it said,”Appropriate measures are being undertaken to continuously address this distressing concern and implement the NPA rules on the matter in accordance with the international humanitarian law.”
I believe that the killing should not have been done in the first place. The Pitao-Dadula couple were unarmed civilians and were not engaged in any combat activity against the rebels. The International Humanitarian Law expressly rules that no acts of hostility can be made on the civilian population, individual civilians, on their person, their properties, on their source of subsistence. The NDF-NPA-CPP were signatories to an agreement with the Philippine government to respect Human Rights and the International Humanitarian Law in the conduct of this internal conflict (or civil war). This act was a violation of the couple’s very basic right to life.
Presuming that there are charges filed before the “revolutionary people’s court” against Evelyn Pitao, as a military agent, and an arrest warrant was issued on her, why wasn’t she arrested and presented to the People’s Court? She was unarmed and not resisting when she was shot at close range.
The International Humanitarian Law respects the right to due process of individuals even of those who are rendered prisoners of war. Evelyn Pitao was not given her day in the “revolutionary people’s court.” She was not even informed of the charges leveled against her, was not allowed to get a lawyer to defend her, was not given a chance to confront and cross-examine her detractors, was not allowed to present her counter-affidavit and counter- arguments in court. She was tried in absentia, and thus, her right to due process was completely ignored. She was not even accorded the right to appeal the decision to a higher court.
The MAC claimed that there was a prima facie case ruled by the “revolutionary people’s court.” It only meant that there were “material evidence and sufficient witnesses” to file the case in court and put the accused to trial. But it cannot be used as a basis for conviction “beyond reasonable doubt.” Every accused person is presumed innocent unless proven guilty beyond reasonable doubt. It is only the trial process, where the prosecution and defense panels are provided the chance to prove or disprove the charges as filed that could arrive at a decision beyond reasonable doubt. The trial in absentia of Evelyn Pitao was clearly a one-sided trial, and therefore the death sentence could not be claimed as a verdict beyond reasonable doubt.
I personally question the legal competence of the persons behind the “revolutionary people’s court” that “convicted” Evelyn Pitao, be they the judge, the jury, the prosecution lawyer or the court-assigned defense lawyer. The conduct of the one-sided trial, its clandestine and highly secret proceedings not open to public, the non-disclosure of the legal competence of the persons involved in their so-called court, all of these indicate that the “revolutionary people’s court” does not merit any degree of being a court of justice. It is nothing but a “kangaroo” court.
The issuance of two conflicting statements by the CPP after the Pitao killing, was evident of their own awareness that the act was indefensible before the public. It was therefore a vain attempt to mislead the public until it was clearly untenable to point the responsibility to the government or military.
The killing of Roberto Dadula, who was not even accused of anything before their so-called court is nothing but shameless murder. According to the CARHRIHL, the person guilty of violating human rights and IHL should be brought to trial and the necessary punishment should be mete out. In their own rules, the commission of the crime of murder is punishable by death. I doubt if they could do this. On the other hand, the death of Robert Dadula can never be reversed by a mere public apology, nor by a sum of money that they may pay for damages. My sympathies go to the family of Evelyn and Roberto.
Finally, the CPP-NDF-NPA should stop playing with people’s lives. They can never play God. They don’t even have the legal competence and the legal system to guarantee a fair trial. They should stop the practice of “people’s courts” who cannot even understand the basic laws and legal procedures. They should stop their own extra-judicial killings and abide by the Universal Declaration of Human Rights and International Humanitarian Law.