A Fact Finding Mission Conducted June 25-27 at Sitios Omas and Buhod of Barangays Camindangan and Camalandaan of the City of Sipalay and Municipality of Cauayan respectively, all of Negros Occidental

I. Rationale
 
A decision to conduct a Facts Finding Mission in the subject areas was made through the request of the  sponsoring organization, CASFA (Camindangan Small Farmers’ Association, a Barangay wide local chapter of the  KMP-Negros (Kilusang Magbubukid ng Pilipinas), a National Peasant Movement of the Philipppines. Situated in the  Barangay of Camindngan, Sipalay, negros Occidental.
 
CASFA got alarmed after the alleged strafing and mock-battle launched by the government troopers in the said  areas. CASFA expressed much concerns about the situation of their members and other people in the community.  People in the communities reported of Military Harassments, military mock-bottles and other forms of human  rights violations in the area of Sitios Omas and Buhod of Barangays Camindangan and Camalandaan, of the City  Sipalay and the Municipality of Cauayan, respectively, all of Southern Negros Occidental.
 
II. The participating organizations, institutions and individuals
 
The Facts Finding Mission (FFM) Team was led by Kilusang Magbubukid ng Pilipinas-Negros.
Sponsored by the KMP local chapter, the FFM was participated by:

i.    KMP Southern-West Negros
ii.     ANAKPAWIS South-West Negros                                                            
iii. ANAKABAYAN-negros
iv.     KABATAAN Partylist
v.      GABRIELA-Negros
vi.     NIHIP (Negros Island Health Integrated Program)
 
III. The Sites
 
There are two (2) communities involved in this incident and report:  
 
Both Omas and Buhod are mountainous villages and are relatively far from their barangay centers. Omas can be  reached by foot after 2.5 hours walk. It is 8 kilometers away from the Brgy. Proper of Brgy. Camindangan.
 
Buhod can also be reached by foor after 1.5 hours trek on Banso mountain ranges and forests. It is 5 kilometers  away from Sitio Omas and 8 kilometers straight from Brgy. Cmindangan. But if you start travel from the  Municipality of Cauayan, you have to travel 14 to Brgy. Caalandan by bus or jeepney (or habal-habal/motorbike).  Then you have to trek a 12 kilometer mountain trails to reach Sitio Buhod.

IV. The incidents
 
In the point of view of the civilians who actually observed/witnessed the incidents, there was no  encounter/raid or any engagement happened between the government troopers and the elements of the New People’s  Army in two particular areas. Most of the people from the communities we’ve visited uttered “Nagdrama-drama  lang man to ang mga army kay pagkatapos nila alsa sang bandera nga yallow kag pula nag untat man ang linupok  kag nagtilipon sila dapit sa may mangga kag nag inistoryahanay lang man sila kag nagkinadlawanay.” (They were  only holding a mock-battle because after they raised the yellow and red flags, firing were ended and they  gathered together beneath the mango tree and talked and laughed with each other.
 
But the incidents sowed/created an atmosphere of fear to the people in these communities. Some of the victims  don’t want to be interviewed, some with trauma and can never speak straightly as a result of harassments,  intimidations, interrogation and tortures done by the military.  
 
V. The facts
 
In Sitio Omas, Brgy. Camindangan, Sipalay, there appears that there’s no clash between the government troopers  and the other group. A firefight between the government’s military and the NPA cannot be established by the  informants. Although there was a firing of guns that started past 7:00 in the morning of June 17, 2010, it is  only a strafing and indiscriminate firing to the forested and grossly covered areas of the mountains which  lasted for more then 30 minutes.
 
A smashed area where the military were posting is very obvious, and thousands of different kinds of empty  shells was found and collected by the local children. According to the informants, the military are just  strafing and indiscriminately fired the forested and grossly covered areas as if they have enemies firing back  against them. After about 30 minutes, the military went into the direction of Sitio Buhod, Brgy. Amalandaan,  Cauayan, a community which is more or less 4 kilometers next to Sitio Omas.
 
This strafing and indiscriminate firing sowed terror and fear to the community especially to the nearby  households which caused them to vacate the place and seek for some places or other households from afar for  safety and refuge. Some went back in the afternoon and some on the next day (June 18).  
 
What was terrifying incidents was still the brutality of the military abusively used their powers against the  civilians. There were lots of cases of human rights violations committed by the military as uttered by the  informants/victims. Some of the houses were ransacked in search for an M16 riffle which they forced some people  to admit as their own. The military loot some stuffs from the houses. They cooked and eat the rice, they stool  1.5 gallons of honey. They even forced some people as members of the New People’s Army (NPA). Some were  manhandled and even tortured by the military. Some were accused of being supporters of the NPA. Some people had  been traumatized and cannot speak well anymore, or even don’t want to see many people in fear.
 
In Sitio Buhod, Brgy. Camalandaan, Cauayan, people said that at about 8:00 to 9:00 in the morning of June 17,  2010, a firefight occurred 50-200 meters away from their houses. They noticed that there were two (2) groups  fighting indiscriminately without hitting each other. The military are pointing their guns to the open fields  and to the forested and grossly covered areas near the community. After an hour of fighting, the group in a  higher ground raised a yellow flag and the other a red flag. The battle then stopped and the two groups  gathered together under the mango tree, talking and laughing each other. The people concluded that what was  really happened was a mock-battle of the elements of Bravo Company of the 61st IB.
 
This incident caused fear and trouble to the people of the community and forced them to leave their houses and  seek refuge to some place outside. It dislocated them from their normal economic activities in their farms.   Most of them afraid of going to and from their farms in fear of the military. It is sad to note that:

• There were two pregnant women who hardly managed themselves to flee and seek for a secured place to  hide on.
• A man who is suffering from Tuberculosis before has been attacked with severe cough and spit blood  once again and feeling ill until now.
• A pregnant goat grazing in the field was hit by a bullet and now suffering with its ill wounds full  of worms.
• In the absence of a search warrant, some houses were ransacked, their belongings scattered by the  military in search of alleged guns kept in the house. The military forced them to tell the whereabouts of the  M16 rifle. They were also forced to claim that they are members of the NPA.
 
Note the following accounts from the informants/vicitims:
 
A. In Sitio Omas, Brgy. Camindangan, Sipalay, Negros Occidental:
 
1. ROSALITO CORTEZ, 42 years old, married to Vilma Dantes, with 7 siblings
 
At around 7:00 in the morning of June 17, 2010, the elements of Bravo Company, 61st IB, PA went to his house  asking the whereabouts of Rosalito and Mariz Cortez whom they accused of being supporters of the New People’s  Army (NPA). Everytime that there’s a military operations conducted, the said names were being looked for by the  military, and when people asked why they are looking for these persons, the military would say: “Kay naga- suporta sila sa NPA” (because they are supporters of the [NPA].)
 
The military then went a little bit far above from Rosalito’s house. Shortly after, a gun fire was heard,  sounding like there was a battle. It was observed that the military are only firing the forested and grossly  covered portions of the mountain. Until after 30 minutes more or less, the battle was ended and the military  was observed fleeing towards the mountain ranges going to Sitio Buhod, Camalandaan, Cuayan.
 
2. JOBERT GUARDIANO, 24 years old, married to Nicky, with 3 siblings
 
At about 7:30 in the morning of June 17, after the battle was almost done, he went to the field near his  mother’s house to check his carabao. He was called by the military and was brought to the hilltop and was  interrogated, forcing him to admit that that he is a members of the NPA and that he has one M16 riffle with  him. Jobert keep on denying the allegations until the military tortured him while forcing him to admit their  allegations. The military said while pointing an M16 riffle to Jobert: “you hard-headed! Better for you to be  killed! We will kill you and we will put long arms with you to show that you really are member of the NPA.”
 
3. SUSANA LAPORE, 35 years old, married to Roger, with 7 siblings
 
On June 17, 2010 there was a gun battle heard in their place. The people went out for refuge. They locked their  house. The military were the only people left and stayed in the community. It was noontime on June 18, 2010,  when they went back home from the farm, they found out that their house was ransacked and their things  scattered. Their rice was cooked and eaten and most of their kitchenware was used for eating and was also  scattered.   The one gallon and six pocket-size bottle of honey which they intend to be sold for income was  also lost. Hundreds of pieces of ripe mangoes put in a basin disappeared.
 
Upon going home, Susana’s children met the military some tens of meters away from their house. The military  stopped the children and focused to the one who is 14 years of age. This child was seized from his shoulder  down saying:  “wow! You have a mark of a pouch in your shoulder!” a word which means that a child is an NPA.
 
4. BINDOL AYSON, 36 years old, married, with 1 child
 
At around 7:30 in the morning, from a distance of about 20 meters from his house, the military open a gun fire  which lasted for about 30 minutes. They left their house locked. After the gun fire, he went back to his house  only to be surprised that his house was already open and that the military was already inside his house  scattering their things, belongings including their kitchenware. The military asked him why he and his family  ran away.
 
5. ENRIQUITA GUARDIANO, 47 years old, married, with 9 siblings
 
At around 7:20 in the morning of June 17, 2010, the elements of Bravo Company of 61st IB, PA conducted an  operation at Sitio Omas.  Lead by 2nd Lt. Vicente, some of them are not wearing uniforms and some wore only  type B uniform. They harassed this woman saying: “we will search your house to find the M16 riffle of your son.  If you don’t want us to do this, we will burn your house and your family or we will kill your son, Jobert.”
 
B. In Sitio Buhod, Purok 8, Brgy. Camalandaan, Cauayan, Negros Occidental:
 
1. ANTONIO RAFOLS, 53 years old, married to Delia, with 7 siblings
 
At about 8:00 in the morning of June 7, 2010 there was a troop of members of the 61st IB having operations in  this community. There were two groups of the military who launched a battle against each other near the house  which lasted for almost an hour. There was no casualty or wounded during this battle. The people observed that  during the battle, most of the soldiers are pointing their guns into the open fields and to the forested or  grossly covered areas in the hills. The battle ended when the first group on top raised a yellow flag followed  by the red flag of the other group. They then gathered together under the mango tree. There they talked and  laughed each other.
 
During the battle, there was one goat which was injured, until now; the goat is suffering its wound which is  becoming ill with worms on it. There was one man who suffered of Tuberculosis before who was attacked again and  spit blood because of fear. There were pregnant women who hardly escape or flee for refuge.
 
When the Sitio Leader approached them, they took their jackets off and others are covering their name plates  with towels or some cloth in order not to be identified.
 
There were some houses which they ransacked without search warrant. They scattered things and clothes inside  the cartoons and sacks. They said that they are looking for an alleged  M16 riffle being kept in the house.  When they were asked of a search warrant, the said: “ there’s no need of a search warrant because there is an  encounter with the rebels.”
 
Next day, June 18, some of the people went to the Barangay to ask assistance from the Brgy. Captain regarding  the effects of the atrocities of the military.
 
2. FORTUNATO OMISON, 40 years old, Sitio Leader,  married to Nenita Flores, with 4 siblings
 
Past 8:00 in the morning of June 17, 2010, they heard of gun fires which lasted for an hour. There were two  groups of the military who staged a mock-battle 50 meters away from house in the community. They are the  elements of Bravo Company of the 61st IB, PA who indiscriminately fired the open spaces, corn fields and to the  forested and grossly covered portions of the mountain surrounding the community.    Fortunato found 1 live  ammunition of an M203 which has crack on its head and that he brought the same to the Brgy. Captain next  morning.
 
He said that this act of the military renders economic dislocation of the people in the community, fear of  being harmed may dominate to the entire populace of the Sitio. He is calling Lt. Col. Bayhon of the 61st IB, PA  to render discipline to these elements.
 
3. ARMANDO PABORES, 29 years old, married to Janet Patrolla, with 1 sibling (8 months old)
 
In the morning of June 17, 2010, there was a gun battle which lasted for an hour near our house. They only hid  under the table. After the gun battle he went to check his sow pig for he was thinking it was hurt by the  bullets. When he went back home, 12 military men followed me in my house and said: ts good that when I pull the  trigger of my gun it was not working, if it does you might be dead.” They interrogated him asking him of a  residence certificate (cedula), Identification card and other documents.  They smell his hands. They also  ransacked his house, scattering their clothes and other things under his bed,
 
4. JOSEPHINE PATROLLA, 42 years old, married with Janito Patrolla, with 7 siblings
Its about 8:00 in the morning of June 17, 2010, she hear a gun fire coming from the group of the military  situated in the upper portion of the hill. They open fire with the 14 elements of military situated downhill.  After an hour, the group from a hilltop portion raised a yellow flag and the other downhill raised a red flag,  and the battle ended. She then saw them gathered near the mango tree, talking and laughing with each other. She  concluded that it was indeed a mock-battle done by the military to harass and to sow fear to the people in the  community.
 
Josephine lamented in deep emotion that after the clash, her husband spitted blood and is ill until now.
 
This mock-battle created dislocation in our livelihood because of the fear we are facing. We are hesitant in  going to and from our farms, and even in looking for other job for food.
 
She is hopeful that this incident won’t happen again here.
 
5. CERILO DEVINAGRACIA, 51 years old, married, with 7 siblings
 
Cerilo told us that what really happened is a mock-battle by the military men. My pregnant goat was hit. When  he came to the military to complain about his wounded goat, and said to the military: “Sir, why are you  fighting against your companions?” the military replied while removing their jackets: “kagago sa imo kita mo  nga kadamu carbine nagalinupok, masiling ka nga wala NPA?!(you fool! Don’t you hear a carbine fired many  times?! Now you are saying there is no NPA?) The military then managed to calm the atmosphere and tone down the  conversation. About the wounds of a pregnant goat, the military didn’t claim responsibility on it. Cerilo is  hoping that whenever the military will conduct their operations, they will just run after their enemies (NPA)  and do not harass, intimidate, or harm civilians.
 
6. ALBERTO CONSERMAN, 58 years old, married to Dionita, with 6 siblings
 
At about 7:00 in the morning of June 17, 2010, the military stopped at the house of Alberto for a breakfast.  While eating breakfast, they keep on asking him if there were NPAs coming here. He replied no, they just passed  by here. After their breakfast one military told him that he must go with them to be their guide to reach Sitio   Buhod. He went with them and together we trek the trails to Sitio Buhod. Upon reaching Sitio Buhod, he  immediately went back home. Shortly after he left them (20 fathoms distance) he heard a gun battle from where  he left them. He immediately took cover for he is very much afraid.   He is hoping that this incident would not  be happen again for it sows fear and terror to the people in the community.
 
 VI. Summary
 
Whether or not there is a clash between the military and the New People’s Army in Sitios Omas and Buhod, the  most important is the civilian populace must not be involved thus must be taken care of.
 
In this case, whether there’s a clash or mock-battle, civilians suffered the consequences. The FFM Team  recorded several types of Human Rights Violations committed by the government troopers to the civilians those  areas:
 
i.    Strafing and indiscriminate firing
ii.     Harassment, threat and intimidation
iii.    Violation of domicile
iv.     Torture and physical harassment
v.      Illegal search and seizure
vi.     Divestment of property
vii.    Looting
viii.   Others
 
An atmosphere of fear reign in these communities. As a result, there is a dislocation of the communities’  economic activities due to fear of being harassed again by the military when going to and from their farms.
 
It has been the call of the people in these communities for the military to just focus or run after their  enemies. Whenever there are military operations, civilians should not be involved, they must be spared from  hostilities.
 
VII.           Annexes

a.       Pictorials
 
HR Forum at Omas                           
Jobert on his testimony                    
Empty shells collected after the battle
Medical consultation
On the way to Sitio Buhod: One afternoon in the forest
 
b.      Behind the scene
 
A mother carrying her baby, walked afar just to participate in a forum
Forest again: FFM Team going back down to Brgy. Camindangan proper