Republic of the PhilippinesOFFICE OF THE OMBUDSMANOffice of the Ombudsman for Mindanao

4th Floor, H&C Building, Alvarez St.,Sta. Ana, Davao City

Gerardo E. Alborme, Bai Ali Indayla, OMB Case No. ___________ Sheena Duazo, For: Violations ofRepublic Act Loreto Felizardo, No. 3019, RA. No. 7438, RA Zandro Redondo, No. 9745, BP 880, PD

1829,Mark Anthony Delgado, Arts. 124 and 183 of theDionisio P. Alagos, Revised Penal Code Crisanto Carlum, - (Criminal Cases)Valentina Berden, Grave Misconduct and Jovita Debalid, Conduct Prejudicial to Lolita Porras, the Best Interest of the Mirriam Damiog, Service, Violations of RAArlene Candiban, 6713, PNP OperationalEliza Candiban, Procedures, PNP Rules ofRolinda Paonil, ProcedureLumeriano Agustin, andChristopher Candiban,

Complainants,

- Versus -

Sec. Proceso Alcala of the Dept. of Agriculture,

Sec. Mel Senen Sarmiento of theDept. of Interior and LocalGovernment (DILG),

Gov. Emmylou Taliño-Mendoza of North Cotabato,

The members of the North Cotabato Crisis Committee,

PNP Director General Ricardo Marquez, Mayor Joseph Evangelista of Kidapawan, Brgy. Captain Melvin Lamata, Jr. of

Brgy. Poblacion, Kiapawan City,PNP Reg’l. Director of Region 12

Noel Armilla,Provincial Police Director

P/Supt. Alexander C. Tagum,PNP Acting Dep. Director for

Operations, Region 12 PSSupt. Roberto Badian,

City Police Director P/Supt. John Miridel R. Calinga,

Lt. Col. Birrey, the Ground commander of the PNP Strike Force,

Lt. Col. Arnold Argamosa, the Battlion Commander of the 39th Infantry Battalion – Philippine Army,

Col. Ronald Villanueva, the 1002nd Brigade Commander, 10th Infantry Division- Philippine Army,

Elements of the SWAT North Cotabato,Elements of 39th Infantry Battalion-

Philippine Army,PO2 Dyben Dominic Figueroa,PO2 Ben Jiimenez Torion,PO3 Rodrigo Entero Tito,SPO2 Robin Bandiola Porras,PO3 Xerxes Anthony Donasco Fiel,PO3 Michael C. Jordan,PO3 Elson Paez Gadat,SPO3 Fortunato Arce,PO2 Robert Hope Sanghan Agot,PO1 Kristine Alas Ocumen,PI Jose Mari Corpuz Molina,PO1 Ray Son L. Alolod,SPO2 Magin Edgardo L. Bueno III,PO1 Clark Ahit Gayas,PO3 Ruel B. Marimon,SPO2 Cesar Ruiz Olivar,PO3 Romel Magdato Guhiling,SPO2 Roderick Caballero Sillote,PO3 Elmer Gesulga Dasalla,PO1 Anthony Jala Macailing,PO1 Joselito Sumido Palmaera,PO1 Ricky Parnada Napao,PO3 Garry Doplyna Booc,PO1 Herwin Paller Pajo,PO1 Eric Casilad Geolingo,PO2 Alrec Albina Dela Cruz,PO1 Amor Niegos Gulliermo,PO2 Ronan Batislaong Cruspero,PO1 Ronald Bation Sillote,PO1 Ronald Charkie Alcala Amande,PO2 Jhoven Francisco Landrito,PO1 Johny Burgos Benitez,

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PO3 Joemer Llagas,Jasper Jay Belocura Moreno,PO1 Shiela Mae J. Estrada,PO2 Mercil P. Millomeda,PO1 Teolit T. Lagliva,PO1 Wilmae Macaya,PO1 Liezeljoy Nicer,PO1 Beaulahly Salazar,SPO2 Glesilda Atud,PO3 Ivy Bula,PO1 Marivic O. Aragon,PO1 Richelle Joan D. Lam-an,PO1 Berlyn B. Alba,PO1 Michelle A. Vicente,PO1 Anamarie Abatay,PO1 Roxanne Jill Garde,PO1 Belinda L. Pacatang,PO3 Richard Villegas Lagutang,PI Charles Suarez Fulache,PO2 Norodin M. Cabuyao,SPO2 Nilo Aventura Loredo,PO3 Jovette S. Galan,PI Irvin Basilio Cambang,PO2 Ariel Hermado Maquiling,PO1 Crismal P. Laguerder,SPO4 Ulysis Viloan Sagun,SPO2 Arnold Remotin,PO1 Robert Ian Dignadice,P/Insp. Armando S. Abasolo,PO3 Jaypee Sarabia,SPO2 Raul Literato Cantoy,PO1 Ariel Ganalonza Acosta,PO1Jeriel P. Catipay,PO3 Renato Oclarino Tesoro,PO1 Bernrd Molina Sumagit,PO3 Dindo Paredes Celarta,PO1 Chrlyn Cantomayor Ines,SPO4 Joseph Dasia Ones, andPO1 Jennifer L. Isla,

Respondents.x - - - - - - -- - - -- - -- - - -- - - - - - - -- x

COMPLAINT

Complainants by counsels, to this Honorable Office of the Ombudsman, most respectfully aver that:

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1. The complainants herein are among the 6,000 farmers who participated in the protest in Kidapawan City which was violently dispersed on April 1, 2016. They may be served with notices, orders and other court processes in care of their counsels’ address as hereunder indicated;

2. Respondents Sec. of Agriculture Proceso Alcala, and Gov. Emmylou Talino-Mendoza are impleaded for their failure to implement the necessary measures that would have mitigated the effects of El Niño to the farmers, such failure of which has driven the farmers to take to the streets which led to death, injuries and oppression of the said farmers, as well as their failure to immediately address the concerns of the protestors, directing instead the violent dispersal of the protest. Sec. of the Dept. of Interior and Local Government (DILG) Mel Senen Sarmiento, PNP Director General Ricardo Marquez, the above-named high-ranking officers of both the PNP and the Philippine Army and the rest of the respondents are the police officers and personnel as well as military officers and personnel as above-named who participated in the violent dispersal of the peaceful protest and filed trumped-up charges against the farmers, violating the human rights of the said farmers/protesters. They may be served at their respective offices;

3. As early as 30 September 2015 The Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) already announced that a mature and “strong” El Niño prevailed in the tropical Pacific Ocean, projecting that El Niño will remain strong from December 2015 to February 2016 before the ocean temperature of the Equatorial Pacific characterizing the phenomenon normalizes in May or June 2016. Due to El Niño, drought and dry spell conditions were expected to persist in 63 provinces in the country. North Cotabato was among the provinces projected to suffer drought1;

4. Even as early as 2014, in response to the impending El Niño, the government announced its readiness to respond to it. In a news report, President Aquino was reported to have ordered the Cabinet to prioritize measures on ensuring the stable supply of food, water and energy, among others, to stave off the impact of the El Niño phenomenon.2 The Department of Agriculture (DA) also announced that it was ready for the El Niño phenomenon. This was the assurance 1 http://reliefweb.int/report/philippines/philippines-mindanao-impact-el-ni-o-january-20162 http://www.mb.com.ph/el-nino-reaching-its-peak-pnoy-sets-govt-response/#JBwC7DxbvlJEque5.99

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given by DA Secretary Proceso Alcala on May 7, 2014. He said the department had as early as April 2014 already began preparing the country's agricultural sector for the El Nino. He further assured the public that measures - such as intensified cloud-seeding operations, distribution of drought-tolerant crop varieties, water-saving technologies and improvement of irrigation systems – are being pursued;3

5. On January 20, 2016, the Sangguniang Panlalawigan (Provincial Board) of North Cotabato, in its Resolution No. 014, declared a state of calamity in the province, which has already endured months-long drought due to El Niño. In its Resolution, the Board stated that the damage brought about by the drought has already affected 27,558.55 hectares of agricultural lands based on the Damage Assessment and Needs Analysis report of the Office of the Provincial Agriculturist.

6. According to the said Resolution, the value of crop damages is placed a P238,017,916.35 with the following breakdown:

Rice - Php15,039,972.70Corn - Php50,043,942.70Oil Palm - Php 5,982,912.00Coconut- Php115,693,368.00Rubber - Php48,250,935.00Cacao - Php2,293,290.00Coffee - Php713,496.00

7. Under the state of calamity, the Provincial Government is given authority to allocate and disburse 5% of its Internal Revenue Allocation (IRA) as calamity funds. According to the Department of Budget Management (DBM), the IRA allocated for North Cotabato for 2016 is at Php6.4 billion, which means Php321 million worth of calamity funds is at the disposal of the Provincial Government to address this crisis;

8. According to news reports, the Kidapawan City Government, for instance, has specified its Food for Work Assistance, under its El Niño Calamity Intervention Program, that farmers can do work such as help the City Government in its anti-dengue, rat tail and anti-black bug campaigns and canalization of waterways into farming villages in exchange

3 Rappler.com, published May 8, 2014

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of the release of 13 kilos of rice per family for the services rendered by the heads of indigent families;

9. Local disaster officials however admitted that cloud seeding operations/sorties have not been successful in alleviating the impact of the drought on the farmers. The 21 cloud seeding sorties costing Php4 million initiated by the Department of Agriculture have produced little rain;

10. Meanwhile, the farmers and their families were already experiencing starvation. Their farms were already dry and cracked. Even as early as December 2015, farmers have already complained. They were already fortunate if they could eat twice a day. Most of what they could eat is only porridge;

11. On February 2016, the farmers heard from news reports that the provincial government of North Cotabato has allocated 15,000 sacks of rice for the affected farmers. The farmers were happy and waited for the rice subsidy – in vain. As such, numerous consultations with different farmers’ organizations were conducted and a decision was reached for them to collectively hold a protest asking for the rice subsidy and other support to tide them over until the effects of El Niño subside;

12. From March 28 to March 29, 2016, farmers, who are members of KMP-North Cotabato and the Apo Sandawa Lumadnong Panaghiusa sa Cotabato (ASLPC) and their families from different towns of North Cotabato converged at the Davao-Cotabato National Road in Kidapawan, North Cotabato, near the National Food Authority Office (NFA) and the Spottswood Methodist Center to stage a protest. They came from different municipalities of North Cotabato such as Makilala, Mlang, Tulunan, Magpet, Roxas, Antipas, Arakan, and Kidapawan. By March 29, 2016, their number increased to 6,000. Majority of the farmers are Lumad;

13. At around 6:00 a.m. on March 30, 2016, the 6,000 farmers, intending to march towards the NFA was halted in front of the Spottswood by the barricade placed by the presence of an undetermined number of policemen from the Special Weapons and Tactics (SWAT) team, the Philippine National Police-Special Action Forces (PNP-SAF), Kidapawan Police Chief P/Insp. John Calinga, North Cotabato Police Provincial PNP Director P/Supt. Alexander Tagum, and PNP Acting Deputy Regional

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Director for Operations (Region 12) PSSupt. Roberto Badian also arrived and were seen at the rally site. Kidapawan Mayor Joseph Evangelista negotiated with the farmers, but the farmers insisted to negotiate with North Cotabato Governor Taliño-Mendoza, wanting to address their grievances and concerns directly to the governor. They deemed that Evangelista lacks the authority over the concerns of the farmers across the province;

14. Late in the afternoon of the same day, Governor Taliño-Mendoza sent word that she will only speak to the leaders of the protest and would only do so in the City Hall. The Leaders refused, fearing possible arrest and also because they wanted the Governor to address the protesters at the site;

15. On March 31, 2016 as early as 1:30 a.m., the sleeping protesters were awakened by loud announcements from the police who reportedly told them to go home. The loud music (bodutz) was also accompanied by taunts from the police, calling the farmers lazy and demeaning their organizers, particularly the women. The police even claimed that the rice support was already sent in their respective municipalities. The announcements temporarily stopped at around 5 a.m. but then resumed after an hour. The protesters were denied sleep and rest as the noise was too loud. This time, the police already threatened the protesters of mass arrest;

16. Throughout the day, there were several attempts by the police to harass the farmers. Some farmers were violently grabbed from the barricade, while other were forced to ride the trucks and brought to the police precinct;

17. At around 8 a.m. to 9 a.m., provincial officials and police said they will order the dispersal of the barricade any time, saying that the farmers should instead return to their farms, that the government will provide transportation for them and that the rice supply had already been delivered to their municipalities. The protesters said the food relief should be brought to them at the site, to assuage their fears and suspicions that government officials are just deceiving them;

18. At 12:00 o’clock noon, peasant leaders Pedro Arnado, Kilusang Magbubukid ng Pilipinas (KMP)-Southern Mindanao spokesman, Jerry Alborme, KMP-North Cotabato

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spokeperson, and Norma Capuyan, chair of Apo Sandawa Lumadnong Panaghiusa sa Cotabato (ASLPC), together with Pastor Mary Joy Mirasol, spokesperson of Promotion of Church People’s Response-North Cotabato, met with Gov. Taliño-Mendoza at the Diocese of Kidapawan in Brgy. Balindog, Kidapawan City. The peasant leaders presented their immediate concerns but Gov. Taliño-Mendoza refused, saying that the 15,000 sacks of rice support cannot be provided by the government because of the tedious process of distributing them among the several communities in the province. Instead, Taliño-Mendoza said that the provincial government can only provide three (3) kilos of rice per family which will be distributed on a quarterly basis per municipality. The peasant leaders expressed non-acceptance of the Governor’s offer, which is clearly insufficient to address the extreme hunger and poverty that they were experiencing. Thus, upon the leaders’ return to the protest site, the farmers collectively decided to continue with the protests. By evening, reports came in that the protest would be violently dispersed;

19. Early, or about 4:00 o’clock in the morning of April 1, 2016, loud music and taunts again woke the protesters. Later in that same morning of April 1, the farmers received a call from Gov. Taliño-Mendoza saying she was open to talk with the protesters, but only after her press conference scheduled at 10 a.m. Around 10:30 a.m., however, Mayor Joseph Evangelista of Kidapawan City, and North Cotabato Provincial PNP director P/Supt. Alexander Tagum, arrived asking to speak to the leaders of the protest. The following police and military officials were also on the ground: Kidapawan Police Chief P/Insp. John Calinga, a certain Lt. Col. Birrey, Ground Commander of the PNP Strike Force, Lt. Col. Arnold Argamosa, Battalion Commander of the 39th Infantry Battalion-Philippine Army, and Col. Ronald Villanueva, 1002nd Brigade Commander, 10th Infantry Division-Philippine Army. Officials from the Department of Social Welfare and Development (DSWD) and Department of Agriculture (DA) were also seen near the protest site. Minutes later, P/Supt. Tagum ordered the police to gear up, saying the barricade will be dispersed in five minutes. Negotiating team on the side of the protesters tried to appeal but to no avail;

20. It must be noted that even at the start of the protest on March 30, 2016, until that unfortunate day of April 1, 2016, the police officers and members of the military were

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already armed and were in full battle gear. Pictures showing the police in full battle gear and armed as if going to an anti-terrorist operation are attached to this Complaint;

21. After only about two minutes, the P/Supt. Tagum shouted: “Clear the road! Men, prepare!”. He then counted to 5 and fired a warning shot, then, the violent dispersal started. The police advanced and broke up the protesters’ line, hit them with truncheons and batons, threw stones at the protesters and blasted them with water cannons mounted on fire trucks. Some were beaten up and hauled off to trucks of the Bureau of Jail Management and Penology (BJMP), which were on standby. The protesters retreated and started retaliating by throwing stones at the policemen. The police responded by firing shots directed at the people in the barricade. A video recording of the alternative media outfit, Kilab Multimedia, recorded at least forty-one (41) gunshots fired at the protesters. Many of the farmers ran away and took shelter at the Spottswood compound. Police continued to fire even as the protesters scampered for safety;

22. The violent dispersal left two (2) persons dead and eleven (11) persons wounded by gunshot wounds, not to mention those who sustained bruises and cuts in various parts of their body after being hit by truncheons and batons. The two dead were:

1) Enrico Fabligar – 30 years old, welder who was on his way to Kidapawan City Hospital. He was shot at the right side of the stomach. He was a resident of Kidapawan City and was not a participant of the protest; and

2) Darwin Sulang – 22 years old, a farmer from Arakan, North Cotabato, and a lumad of the Manobo tribe.

23. Those who were injured with gunshot wounds were:

1) Alfie Awi – 33 years old, Manobo, farmer from Arakan, North Cotabato, with gunshot wound in his left leg;

2) Victor Lumundang Jr. – 18 years old, farmer from Antipas, North Cotabato, shot at his neck and shoulder;

3) Rodolfo Taño – 60 years old, farmer from Arakan, shot in his thigh;

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4) Mike Empet – 49 years old, farmer from Magpet, North Cotabato, gunshot wound in his right foot;

5) Rolan Diampas – 23 years old, Manobo, farmer from Arakan, gunshot wound inside his mouth;

6) Rodjel Imjuy – 38 years old, farmer from Antipas, North Cotabato, gunshot wound in his left arm;

7) Leo Iyong – 28 years old, Manobo, farmer from Magpet, North cotabato, gunshot wound on his left leg;

8) Rotello Daelto – 39 years old, farmer from Arakan, gunshot wounds on his left foot and left neck, exiting at his right cheek;

9) Darwin Magyao – 18 years old, farmer from Magpet, North Cotabato, gunshot wounds on both legs;

10) Arnel Takyawan – 45 years old, farmer from Antipas, North Cotabato, gunshot wound on his right foot; and

11) Mark Anthony Delgado – 33 years old, farmer from Magpet, North Cotabato, gunshot wound to his right foot.

24. At around 1:20 in the afternoon of April 1, 2016, the PNP started using water canons from three (3) firetrucks and washed off all the materials left on the protest site. A bulldozer also removed the materials thereon. The police also started picking up materials including personal effects of the farmers and burned them infront of the Spottswood gate. This incident was even reported in Davao Today.com;4

25. After the violent dispersal, 79 farmers were arrested. The farmers were however not informed of their rights, most of them were even deceived in coming with the police officers. They were told to come with the police so they will be provided with food and be sent home with the rice that they were asking for. The men were detained at the Kidapawan City Gymnasium while the women were detained at the Kidapawan Convention Center;

26. There were seven (7) senior citizens among the arrested farmers, 3 men and 4 women:

1) Dionisio Alagos, 60 years old;2) Gerardo Piquero, 66 years old;3) Crisanto Carlum, 72 years old;

4 Published online on April 7, 2016

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4) Jovita Debalid, 68 years old5) Lolita Porras, 65 years old6) Miriam Damiog, 62 years old; and7) Valentina Berden, 78 years old.

27. There were also three (3) pregnant women:1) Arlene Candiban, 25 years old, 6 months

pregnant;2) Eliza Candiban, 22 years old, 5 months

pregnant; and3) Rolinda Paonil, 34 years old, 2 months

pregnant.

28. All of the senior citizens and pregnant women were all charged with Direct Assault against an Agent of a Person in Authority lodged before the courts of Kidapawan City. While senior Citizens Piquero and Carlum were charged with Frustrated Homicide. Even the medical staff of the Diocese of Kidapawan were arrested and charged with Direct Assault in court when they responded to the calls for help of the wounded. This fact was posted in news reports;

29. The farmers only knew that they were arrested when, on Sunday April 3, 2016 they were brought to the Office of the City Prosecutor of Kidapawan City for inquest proceedings;

30. The farmers were only asking for rice. They were driven to do this because of the extreme hunger that they and their families have already suffered due to the severity of the effects of El Niño. The provincial government could have immediately addressed this concern by giving them what they have asked for, along with a clear plan on how to help the farmers survive the effects of El Niño. Had governor Taliño-Mendoza and her Crisis Committee done this, instead of ordering the dispersal of the protest, the violence could have been averted;

31. On the other hand, the government was supposed to have placed measures to mitigate the effects of El Niño as early as April of 2015. Even the provincial government of North Cotabato had already announced its readiness to face the impact of El Nino in the province, and had even allocated the calamity funds for it. How come these farmers still reached the point of starvation, driving them to the streets

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to ask for the very thing that was supposed to have long given them?

32. Sadly, it was even in the reported in the news that the Secretary of Agriculture Proceso Alcala even downgraded the effects of El Niño in the province of North Cotabato. In fact, since the government had supposedly prepared itself for the effects of El Niño, no clear, comprehensive and genuinely-responsive plan has yet been given, much less the much-bragged about calamity funds released to the affected communities and farmers;

33. Sadly still, the Secretary of the Department of Interior and Local Government Mel Senen Sarmiento awarded medals to the police officers who were involved in the violent dispersal, in effect legitimizing the violent and criminal acts of the police committed during the dispersal of the farmers’ protest;

34. As regards the various human rights violations committed prior, during and after the dispersal of the protest, the same could not have occurred without the participation, not only of those police and military elements in the protest site, but also of the higher officials of the national and provincial government of North Cotabato, particularly of DILG Secretary Mel Senen Sarmiento, Governor Talino-Mendoza and of the PNP and the Philippine Army. It must be noted that during the Senate Inquiry into the dispersal of the protest, held in Davao City, the PNP Regional Director for Region XII Noel Armilla admitted that he sought guidance from PNP Director General Ricardo Marquez before he made specific instructions to the Provincial Commander on how to deal with the protesting farmers. In fact. Director General Marquez made a public announcement published in the major newspapers on April 9, 2016, that he knew of the plan to clear the national highway blocked by the protesting farmers and that he was regularly briefed throughout the incident. These are indications that he had personal knowledge of the operation and that he was in a position to issue instructions the proper instructions that could have prevented the violence that occurred;

35. Attached herewith are the following documentary evidence in support of and relevant to the allegations contained in the instant Petition, to wit:

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I. Pictures:

A. Annexes “A”, “A-1” and “A-2” - Day 1 of Protest at National Highway

B. Annexes “A-3” and “A-4” – Showing the SWAT on top of the Fire Truck

C. Annexes “A-5”,”A-6”, A-7”, A-8” and “A-9”- Showing that the SWAT Team are carrying firearms

D. Annex “A-10” – Negotiation, showing P/Supt Tagum and Kidapawan Mayor Evangelista

E. Annex “A-11” – negotiation showing P/Insp. CalingaF. Annexes “A-12”, “A-13”, “A-14” and “A-15” – SWAT

on the act during dispersalG. Annexes “A-16” and “A-17” – Bai Ali Indayla was

caught in the midst of the violent dispersalH. Annexes “A-18”, “A-19”, “A-20”, “A-21” and “A-22” –

Pictures of some of the farmers detainedI. Annexes “A-23” and “A-24” – Pictures of Darwin

Sulang (deceased) J. Annexes “A-25” and “A-26”– Pictures of wounded

farmers Diampas and DaeltoK. Annexes “A-27” and “A-28”– A Bulldozer clearing the

scene of the crimeL. Annex “A-29” – Picture of pregnant female farmers

detained M. Annex “A-30” – picture of female senior citizens

Berden and Debalid detainedN. Annexes “A-31” and “A-32” – picture of Victor Lumundang, Jr. while being helped by other farmers after he was shot at the back of his neck

ANNEX “B” - Video Footages (contained in the USB)

II. AFFIDAVIT-COMPLAINTS

Annex “C” - Gerardo E. AlbormeAnnex “D” – Bai Ali G. IndaylaAnnex “E” – Sheena M. DuazoAnnex “F” – Lumeriano P. Agustin Anne “G” - Loreto A. FelizardoAnnex “H” - Zandro C. RedondoAnnex “I”- Mark Anthony L. DelgadoAnnex “J” - Dionisio P. AlagosAnnex “K”- Crisanto S. CarlumAnnex “L” - Valentina E. BerdenAnnex “M” - Jovita B. Debalid

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Annex “N” – Eliza D. CandibanAnnex “O” - Arlene A. CandibanAnnex “P” – Christopher A. CandibanAnnex “Q” - Rudolfo G. Taño

PRAYER

On the basis of the foregoing, it is most respectfully prayed of this Honorable Office of the Ombudsman that:

A. An INVESTIGATION be conducted on the following officials for violations of the Republic Act No. 3019 for their negligence and failure to place the proper measures that could have mitigated the effects of El Niño and the possible misappropriation of the calamity funds, to wit:

1. Secretary of Agriculture Proceso Alcala; 2. Governor Emmylou Lala Taliño-Mendoza;3. The members of the North Cotabato Crisis

Committee; and 4. Other government officials

And to:

B. Investigate and Prosecute the following officials and personnel for their involvement and participation in the violent dispersal of the farmers’ protest, to wit:

1. Governor Emmylou Lala Taliño-Mendoza;2. The members of the North Cotabato Crisis

Committee;3. Secretary of the DILG Mel Senen Sarmiento4. PNP Director General Ricardo Marquez; 5. Mayor Joseph Evangelista; 6. Baragay Captain Lamata of Brgy. Poblacion,

Kiapawan City;7. PNP Regional Director Region 12, Noel Armilla;8. Provincial Police Director P/Supt. Alexander C.

Tagum;9. PNP Acting Deputy director for Operations, Region

12, PSSupt. Roberto Badian;10. City Police Director P/Supt. John Miridel R.

Calinga;11. a certain Lt. Col. Birrey, the Ground

commander of the PNP Strike Force;

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12. Lt. Col. Arnold Argamosa, the Battlion Commander of the 39th Infantry Battalion – Philippine Army;

13. Col. Ronald Villanueva, the 1002nd Brigade Commander, 10th Infantry Division- Philippine Army;

14. the named officers in the trumped-up Complaints for Direct Assault Upon Agents of Persons in Authority as well as Frustrated Homicide cases filed against the farmers before the courts of Kidapawan City, to wit:

a. PO2 Dyben Dominic Figueroab. PO2 Ben Jiimenez Torionc. PO3 Rodrigo Entero Titod. SPO2 Robin Bandiola Porrase. PO3 Xerxes Anthony Donasco Fielf. PO3 Michael C. Jordang. PO3 Elson Paez Gadath. SPO3 Fortunato Arcei. PO2 Robert Hope Sanghan Agotj. PO1 Kristine Alas Ocumenk. PI Jose Mari Corpuz Molinal. PO1 Ray Son L. Alolodm. SPO2 Magin Edgardo L. Bueno IIIn. PO1 Clark Ahit Gayaso. PO3 Ruel B. Marimonp. SPO2 Cesar Ruiz Olivarq. PO3 Romel Magdato Guhilingr. SPO2 Roderick Caballero Sillotes. PO3 Elmer Gesulga Dasallat. PO1 Anthony Jala Macailingu. PO1 Joeselito Sumido Palmaerav. PO1 Ricky Parnada Napaow.PO3 Garry Doplyna Boocx. PO1 Herwin Paller Pajoy. PO1 Eric Casilad Geolingoz. PO2 Alrec Albina Dela Cruzaa. PO1 Amor Niegos Gulliermobb. PO2 Ronan Batislaong Crusperocc. PO1 Ronald Bation Sillotedd. PO1 Ronald Charkie Alcala Amandeee. PO2 Jhoven Francisco Landritoff. PO1 Johny burgos Benitezgg. PO3 Joemer Llagashh. Jasper jay Belocura Morenoii. PO1 Shiela Mae J. Estrada

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jj. PO2 Mercil P. Millomedakk. PO1 Teolit T. Laglivall. PO1 Wilmae Macayamm. PO1 Liezeljoy Nicernn. PO1 Beaulahly Salazaroo. SPO2 Glesilda Atudpp. PO3 Ivy Bulaqq. PO1 Marivic O. Aragonrr. PO1 Richelle Joan D. Lam anss. PO1 Berlyn B. Albatt. PO1 Michelle A. Vicenteuu. PO1 Anamarie Abatayvv. PO1 Roxanne Jill Gardeww. PO1 Belinda L. Pacatangxx. PO3 Richard Villegas Lagutangyy. PI Charles Suarez Fulachezz. PO2 Norodin M. Cabuyaoaaa. SPO2 Nilo Aventura Loredobbb. PO3 Jovette S. Galanccc. PI rvin Basilio Cambangddd. PO2 Ariel Hermado Maquilingeee. PO1 Crismal P. Laguerderfff. SPO4 Ulysis Viloan Sagunggg. SPO2 Arnold Remotinhhh. PO1 Robert Ian Dignadiceiii. P/Insp. Armando S. Abasolojjj. PO3 Jaypee Sarabiakkk. SPO2 Raul Literato Cantoylll. PO1 Ariel Ganalonza Acostammm. PO1Jeriel P. Catipaynnn. PO3 Renato Oclarino Tesoroooo. PO1 Bernrd Molina Sumagitppp. PO3 Dindo Paredes Celartaqqq. PO1 Chrlyn Cantomayor Inesrrr. SPO4 Joseph Dasia Onessss. PO1 Jennifer L. Isla

And all the police, members of the SWAT, members of the SAFF, the elements of the 39 IB who were involved in the violent dispersal, arrests and detention of the farmers as found by the Honorable Office of the Ombudsman for the following criminal offenses, to wit:

1) Republic Act No. 7438 - “An Act Defining Certain Rights of Persons Arrested, Detained or Under Custodial Investigation, As Well as the Duties of the Arresting, Detaining and Investigating Officers”;

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2) Republic Act No. 9745 – “An Act Penalizing Torture and other Cruel, Inhuman and Degrading Treatment or Punishment..” particularly Sections 4 (b) (9), Section 4 (b) (10) and Section 5 thereof;

3) Batas Pambansa Bilang 880 – “An Act Ensuring the Free Exercise of the Right to Peaceably Assemble and Petition the Government, more particularly under Sections 9, 10 and 13 (e), (f), (g) thereof;

4) Article 124 of the Revised Penal Code – Arbitrary Detention;

5) Article 183 of the Revised Penal Code – Perjury in Solemn Affirmation;

6) Presidential Decree No. 1829- “Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders”

7) All other crimes that the respondents have violated as found by the Honorable Office of the Ombudsman.

Aside from the criminal liabilities of said government officials, they must be also administratively liable for violations under the provisions of Republic Act No. 6713 “Code of Conduct and Ethical Standards for Public officials and Employees, more particularly Sections 4 par. (a) (Commitment to Public Interest; and par. (c) (Justness and Sincerity, Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service under Section 46, and Rule 10 of the Civil Service Resolution No. 1101502; the Revised Philippine National Police Operational Procedures (December 2013) particularly on Rule 25 thereof; and the 2007 Philippine National Police Rules of Procedure (Memorandum Circular No. 2007-001) particularly Rule 21 thereof, as well as other violations deemed committed by the respondents as found by the Office of the Honorable Ombudsman.

Other reliefs as are just and equitable under the premises are likewise prayed for.

25 April 2016, Davao City, Philippines.

UNION OF PEOPLES’ LAWYERS IN MINDANAO (UPLM)

BY:

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MANUEL P. QUIBODRoll No. 33499

PTR No. 6826101B/01-04-16/Davao CityIBP Lifetime Member No. 00996MCLE Exemption No. IV-00553

Ateneo Legal Aid Office,Ateneo de Davao University

Jacinto St., Davao City

EDUARDO D. ESTORESRoll No. 34798

JOEL B. MAHINAY Roll No. 40732

PTR No. 6627970/01-04-16/Davao CityIBP No. 1021000/01-04-16/Davao City

MCLE Compliance No.V-0009884/08-13-15

3rd Floor, DARECOR BuildingDakila Drive, Magallanes Sts., Davao City

(082) 222-2894joemah1211@yahoo.com

GLOCELITO C. JAYMA Roll No. 47960

PTR No. 6828933/01-06-16/Davao CityIBP Lifetime No. 04561/Davao City

MCLE Compliance No. IV-000315/2015

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3rd Floor, DARECOR BuildingDakila Drive, Magallanes Sts., Davao City

(082) 222-2894

LILIBETH O. LADAGARoll No. 47788

PTR No. 6627969/01-04-16/Davao CityIBP No. 102099/01-04-16/Davao City

MCLE Compliance No. V-0010833/09-29-2015

3rd Floor, DARECOR BuildingDakila Drive, Magallanes St., Davao City

(082) 222-2894betchay_ladaga@yahoo.com

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