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THE EXTRAJUDICIAL KILLING OF BENJAMIN E. BAYLES AND THE DEVELOPMENTS OF
THE CASE
by
Aldo Gonzalez on Thursday, November 11, 2010 at 6:13pm
Case information sheet
THE EXTRAJUDICIAL KILLING OF
BENJAMIN E. BAYLES AND THE DEVELOPMENTS OF THE CASE
July 18, 2010
Who was Benjie?
Benjamin Estrope Bayles, or Benjie,
was 43 years old, single and a resident of Sitio Pamandayan, Barangay
Buenavista, Himamaylan City, Negros Occidental, Philippines.
A rural poor himself, Benjie
dedicated all his work and energy towards social justice and peace. He
defended human rights amidst socio-economic conflicts and an on-going
heavy militarization campaign. He was a genuine peasant leader who
vocally advocated the interest of the marginalized population in Barangay
Buenavista and neighboring communities. Particularly, he fought against
forced eviction, militarization and human rights violations.
He denounced abuses committed by the
officers and men of Philippine Army against upland farmers and
agricultural workers. Being a member of the September 21 Movement-
Southern Negros, a local human rights alliance which is an active member
organization of the nation-wide human rights alliance KARAPATAN, he
facilitated the families of the victims to meet with the para-legals of
September 21 Movement and KARAPATAN. He actively joined fact- finding
missions and quick reaction teams sent to investigate human rights
violations in the hinterland barangays of Himamaylan City.
His advocacy for human rights and
people’s concerns was developed and nurtured by his involvement in church
activities in the Parish of San Ramon Nonato of Iglesia Filipina
Independiente (IFI or Philippine Independent Church) at Barangay Su-ay,
Himamaylan City. From being a sacristan, he rose to become a lay worker
and a lay leader, and a district coordinator of the Aglipayan Forum, the
organization of members of IFI active in human rights and other social
issues. As a lay leader, he was active in anti-mining campaigns and in
peasant advocacies. He was also a member-organizer of the National
Federation of Sugar Workers (NFSW) and a local leader of the Bayan Muna
Party.
A truly compassionate man, he
selflessly gave his entire work and energy to the poor. Eventually he
gave his life. He was aware of the risks. Characteristic of an eventual
killing, the military put him under surveillance and started vilifying him
weeks before the incident. He knew he was marked. Despite all this, he
remained a soft-spoken and peaceful person. Full of hope of a just
society, he never gave up his faith and belief in fellow men. Violence by
no means was a remote experience to Benjie and his family. In 1989, his
brother was shot to death by the CAFGU – a notorious paramilitary group
established by Corazon Aquino under operational command of the Armed
Forces of the Philippines (AFP). His father rushed to help his son and
was killed in the same incident too. Benjamin “Benjie” Bayles at the
October 2009 Human Rights Protest march Benjamin “Benjie” Bayles at the
October 2009 Human Rights Protest march 2
The Killing and Arrest
On June 14, 2010, at around 4:30
p.m., Benjie was waiting for a ride at the crossing Sitio Antolo, Barangay
Su-ay, Himamaylan City when two men wearing helmets on board a black Honda
TMX 155cc motorcycle with no license plate stopped nearby. The back rider
disembarked and walked towards Benjie. At about 3 meters away from him,
the gunman shot him at different parts of his body. When he fell down,
the driver of the motorcycle also came near him and shot him to ensure his
death. Then the perpetrators left the area on board the motorcycle.
Bystanders took him to the Valeriano Gatuslao District Hospital at
Himamaylan City but he was pronounced dead-on-arrival.
Among the bystanders who witnessed
the incident was a government official who immediately called someone he
knows from the Himamaylan City Philippine National Police (PNP) to report
the incident. The Himamaylan City PNP alerted the nearby Kabankalan City
PNP.
Meanwhile, at around 5:20 in the
afternoon of the same day, Police Officers Joey Santiago, Alvin L. Alvior
and Arnold C. Tadiaque, all members of the PNP assigned at Kabankalan
City, were on board their patrol car roving around Kabankalan City when
they received a radio message that Himamaylan City Police Station (Himamaylan
City is adjacent to, and to the north of, Kabankalan City) requested
assistance to intercept two suspects responsible for a shooting incident
at Barangay Su-ay, Himamaylan City who were sighted heading to Kabankalan
City area, prompting them to proceed to Barangay Hilamonan road (Kabankalan)
which was the possible exit point of the suspects who were described
riding in tandem on a black Honda TMX 155cc motorcycle and wearing helmets
and sweatshirts.
While they were in position, the
police officers saw an approaching motorcycle resembling the description
which turned to the circumferential road (around 5 meters before their
position) heading south. After few minutes of chasing the motorcycle
which was moving fast, they were able to stop it, ordered its two riders
to drop to the ground and frisked them. They recovered from one of the
suspects who identified himself as RONNIE LIZADA CAURINO, one STI Custom
Shop caliber .45 pistol bearing serial number 129528 with one empty
magazine, and from the other suspect who identified himself as ROGER
MAREZA BAJON, one lightweight Colt Defender Series 90 caliber .45 pistol
bearing serial number 195879 with one magazine containing two live
ammunitions.
They immediately brought the
suspects, the confiscated firearms and the motorcycle (with motor number
KB509E034382 and chassis number KB509034379) to the Kabankalan City Police
Station. A few minutes later, members of the Himamaylan City PNP arrived
and, after proper turn-over, brought the suspects, the firearms and the
motorcycle.
The two suspects were subsequently
positively identified by witnesses as the assailants of Benjie.
In a Spot Report dated June 14, 2010
signed and submitted by the Chief of Police of Himamaylan to the Negros
Occidental Provincial Police Director, it was stated that at about 5:25
p.m. of the same date, the Kabankalan City Police Station informed the
Himamaylan City Police Station that they had intercepted two persons (the
suspects)…claiming themselves as members of the Philippine Army.
On the same date, the Kabankalan
police, in their statement to radio station DYEZ “Aksyon Radyo” Bacolod,
said that the suspects confessed to be “organic” members of the 61st
Infantry Battalion, Philippine Army (IBPA), and that the two were turned
over to the Himamaylan PNP and detained at the Himamaylan City Jail.
In the morning of June 15, 2010, the
Himamaylan PNP retracted from the Kabankalan police's initial statement to
the same radio station, claiming that the suspects are not connected with
the military.
The Criminal Case and Its
Developments
Police Reluctance.
Aside from visiting the crime scene and gathering basic information, the
Himamaylan PNP was for unknown reason initially reluctant in further
investigating, gathering evidence and pursuing the filing of a criminal
case against the suspects. The police did not attempt to find willing
witnesses. In the evening of June 14, 2010, members of the September 21
Movement investigated the case, looked for and secured witnesses, and
brought them to the police station to identify the suspects. The family
of Mr. Bayles had to meet the Mayor of Himamaylan who had to intercede so
that the police would do their job properly. The media castigated the
police publicly on air for obviously neglecting their duties. There was
no thorough crime scene investigation.
Case Status.
Finally, on June 18, 2010, a complaint for murder was filed by the Chief
of Police of Himamaylan City against the suspects at the Office of the
City Prosecutor of Himamaylan. An inquest 1 on the case was scheduled on
the same date. The September 21 Movement and KARAPATAN mobilized about a
hundred of their members to the Office of the City Prosecutor to publicly
show their demand for justice for the killing of Mr. Bayles. However, the
two suspects signed a waiver of the provisions of Article 125 2 of the
Revised Penal Code and requested instead for a regular preliminary
investigation.
A hearing for preliminary
investigation was to be conducted on June 29, 2010. However, on June 21,
2010, the two suspects filed a waiver of their right to preliminary
investigation and to appear on the June 29 hearing. They did not also
file any counter-affidavit to answer the complaint and refute the evidence
filed against them. They instead asked the prosecutor to immediately
resolve the case based on the sufficiency or insufficiency of the evidence
submitted by the complainant against them.
On June 15, the Himamaylan police
subjected the two suspects to a paraffin test at the Negros Occidental
Provincial Police (NOPP) Crime Laboratory at Bacolod City.
An autopsy was conducted on the
cadaver of Bayles on June 16. The city medico-legal officer found 25
wounds (entry and exit) and recovered three (3) slugs from the cadaver.
On June 22, the Himamaylan police indorsed to the NOPP Office for
ballistic examination the 3 slugs, the confiscated firearms and the 2
empty shells of caliber .45 recovered by the police from the crime scene.
On July 2, the City Prosecutor of
Himamaylan issued a Resolution finding probable cause for murder against
the two suspects. Thereafter, on July 5, an Information (or charge sheet)
for Murder (a non-bailable offense) entitled
“People of the Philippines, Complainant, vs. Roger Bajon and Ronnie
Caurino, Accused” was filed by the City Prosecutor at the
Regional Trial Court (RTC) of Himamaylan where the case is docketed as
Criminal Case No. 2474. The RTC is yet to schedule the
arraignment of the accused.
Ballistic Examination and
Paraffin Tests. The result of the ballistics examination is
particularly crucial in this case. It could directly link the arrested
suspects to the murder of Benjie as it could be established whether the
slugs taken from his cadaver (which caused his death) were fired from the
firearms taken from the suspects during their arrest less than an hour
from the shooting incident. Said proofs (slugs and firearms) were turned
over to the custody and control of the police who conducted the ballistic
examination. There was no way of independently ensuring, for example,
that the barrels of the firearms are not changed prior to the examination,
or that the result would not be “doctored”. On July 14, 2010, the
Himamaylan PNP and City Prosecutor’s Office orally informed us that the
ballistic examination and the paraffin tests in this case returned
negative results. We are yet to receive an official copy of the
results. The accused, through their counsel, already filed a Motion to
Quash the Information based, among others, on the said results.
Concerns.
The serial numbers of the firearms taken from both accused and the motor
and chassis numbers of the motorcycle they used could lead not only to the
real identities of both accused (who have been very silent up to now) and
to the motive behind the killing, but also to the possible mastermind(s)
of the killing or to other people possibly involved in the killing.
Information along this line could also possibly help in curbing impunity
existing in the country. However, up to the present, there has been no
indication that the PNP or any other agency of the government is pursuing
this.
Other Case-related
Developments. Mr. Larry Trinidad of Radio Mindanao Network
and Jaime Lim, 41, a Bacolod-based journalist, are reported of receiving
death threats for having indicated the involvement of the military in the
killings of Benjie Bayles.
Prepared by:
Atty. Benjamin T. Ramos, Jr.
PDG Compound, Mohon, Barangay
Binicuil,
Kabankalan City, Negros Occidental
1 An inquest is a summary inquiry
conducted by a prosecutor to determine whether the warrantless arrest of a
person was based on probable cause. Probable cause is the existence of
such facts and circumstances as would excite the belief in a reasonable
mind (or a reasonable ground to believe) that a crime has been committed
and that the respondent/person charged is probably guilty thereof.
2 Article 125 of the Revised Penal
Code reads: “Art. 125. Delay in the delivery of detained persons to the
proper judicial authorities. – The penalties provided in the next
preceding articles shall be imposed upon the public officer or employee
who shall detain any person for some legal ground and shall fail to
deliver such person to the proper judicial authorities within the period
of twelve (12) hours, for crimes or offenses punishable by light
penalties, or their equivalent; eighteen (18) hours, for crimes or
offenses punishable by correccional penalties, or their equivalent; and
thirty- six (36) hours, for crimes or offenses punishable by afflictive or
capital penalties, or their equivalent.
In every case, the person detained
shall be informed of the cause of his detention and shall be allowed, upon
his request, to communicate and confer at any time with his attorney or
counsel.” 4
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