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Writ of Amparo and TVIRDThis is a joint petition for Writ of Amparo filed underAM No. 07-9-12-SC, promulgated on 25 September 2007.The petitioners’ lives, safety, and security are presently indanger and threatened by the imminent and impending actsperpetrated by the above-named respondents.
Citation preview
1 Petition for Amparo
2 Petition for Amparo
P E T I T I O N
PETITIONERS, through undersigned counsel, and unto
this Honorable Court of Appeals, most respectfully aver
THAT:
PREFATORY STATEMENT
1. This is a joint petition for Writ of Amparo filed under
AM No. 07-9-12-SC, promulgated on 25 September 2007.
The petitioners’ lives, safety, and security are presently in
danger and threatened by the imminent and impending acts
perpetrated by the above-named respondents.
2. The respondents are presently executing a plan
which they themselves have conceptualized and named as,
“OPLAN BONGKAG” (Operation Destruction) and “PLAN-X”.
This is a systematic and company-planned operation to end
the life, eliminate, and/or liquidate herein petitioners and
their immediate families. Petitioners have known of these
plans through series of electronic mails or e-mail exchanges
between certain officers of respondent TVI Resource
Development Philippines Inc. (“TVIRD” for brevity), coupled
by constant surveillance on petitioners’ whereabouts by
3 Petition for Amparo
unknown and suspicious-looking and behaving men who
were riding motorcycle, tailing them on their travels, and
loitering in front of their homes and places of work at Sitio
Balabag, Depore, Bayog, Zamboanga del Sur or at their
respective immediate relatives’ residence. Petitioners have
been receiving actual threat messages in their cellular
phones.
PARTIES
3. Petitioners ARANDY “RANDY” D. SILVA, ROSELYN
V. SILVA, EDGAR T. BALING, DENNIS B. PAQUIT, JOEL
E. CAYABYAB and ALEX “LEK” A. CABUG-OS, are members
of the thriving community at Sitio Balabag, Depore, Bayog,
Zamboanga del Sur. The community in Sitio Balabag,
Depore, Bayog, Zamboanga del Sur consists of the Subanen
and settlers who subsist on farming, wood gathering, and
small time or small-scale mining activities. Other
Petitioners, JULIETO “GIGING” L. MONDING, member of
Sangguniang Bayan of Bayog, Zamboanga del Sur, and
broadcaster, JOSELITO A. PEDRANO. For purposes of this
petition, notices, orders and other processes of the
Honorable Court of Appeals may be served through the
4 Petition for Amparo
preferred address provided by undersigned counsel in this
petition.
4. Individual respondents EUGENE T. MATEO, JOHN
RIDSDEL, YULO PEREZ, ROBERT JAY NELSON, RENNE P.
SUBIDO, LUIS JOVITO A. SANTOS JR., RENE DE OCAMPO,
EMMANUEL S. CAYTON, PAUL VINCENT ARIAS,
VALENTINO V. EDANG, CIPRIANO BAYAN, MARLOU
CORANEZ are corporate officers and agents of TVIRD, a
corporation registered under the laws and Constitution of
the Republic of the Philippines, and operating therein which
can be sued. Its business address is at 22nd Floor, Equitable
PCI Bank Tower, 8751 Paseo de Roxas, Makati City, Metro
Manila, where they can be served with subpoenas, notices,
orders and other processes of this Honorable Court of
Appeals. TVIRD is the Philippine affiliate of TVI PACIFIC
INC., a Canadian-owned entity, headed by its Chairman of
the Board, Clifford James. TVI PACIFIC INC. is a
substantial investor of TVIRD and controls the latter.
In particular:
4.1 Respondent EUGENE T. MATEO is currently the
President/CEO of TVIRD as such he is
responsible for the over-all affairs of the company.
He is impleaded in this petition being the topmost
5 Petition for Amparo
level executive of the corporation so that he
should have knowledge of the plans, programs
and activities which TVIRD officers, executives,
and agents have undertaken.
4.2 JOHN B. RIDSDEL is the Senior Vice president
and Chief Operating Officer of TVIRD second in
command for corporation’s undertakings. He is
impleaded in this petition as he should have
knowledge of the plans, programs and activities
which TVIRD officers, executives, and agents have
undertaken.
4.3 YULO PEREZ is currently Vice President for
Philippine Operations of TVIRD, the next level
executive. Being the executive for operations, he
is in command for the day-to-day operations in
the Philippines. Likewise, his office carries with it
the responsibility to know the plans, programs
and activities which TVIRD, its officers,
executives, and agents are undertaking in
Philippine operations. Further, testimonial and
documentary evidence in this petition shows of
his actual and direct participation in the
6 Petition for Amparo
operations in Sitio Balabag, Depore, Bayog,
Zamboanga del Sur.
4.4 ROBERT JAY NELSON is Vice President for
Environment and Civil Works of TVIRD. He is
responsible for the company’s infrastructure and
civil works operations. He is impleaded in this
petition being a responsible corporate officer and
is presumed to have knowledge of the activities
which TVIRD and its officers, executives, and
agents are undertaking in Sitio Balabag, Depore,
Bayog, Zamboanga del Sur .
4.5 RENNE P. SUBIDO is a corporate officer for social
commitments of TVIRD. He is impleaded in this
petition as a corporate officer and is presumed to
have knowledge of the activities with which
TVIRD, its officers, executives, and agents are
undertaking in Sitio Balabag, Depore, Bayog,
Zamboanga del Sur. Furthermore, documentary
evidence in this petition suggests of his actual
and direct knowledge in the operations in Sitio
Balabag, Depore, Bayog, Zamboanga del Sur.
7 Petition for Amparo
4.6 LUIS JOVITO A. SANTOS, JR. is the Vice President
for finance of TVIRD. Documentary evidence in
this petition show of his actual knowledge and
direct participation in the operations in Sitio
Balabag, Depore, Bayog, Zamboanga del Sur
against herein petitioners.
4.7 RENE DE OCAMPO, Vice President for Human
Resources of TVIRD. Documentary evidence in
this petition would explain of his actual
knowledge and direct involvement of operations in
Sitio Balabag, Depore, Bayog, Zamboanga del Sur
against herein petitioners.
4.8 EMMANUEL S. CAYTON is a retired army general
hired by TVIRD as Security Director. Testimonial
and documentary evidence emphasize that he has
actual and direct participation in the operations
in Sitio Balabag, Balabag, Depore, Bayog,
Zamboanga del Sur especially against herein
petitioners.
4.9 PAUL VINCENT ARIAS is a former Philippine
National Police (PNP) senior officer, now employed
8 Petition for Amparo
as on-site Security Officer of TVIRD. Testimonial
and documentary evidence show that he has
actual knowledge and involvement in the
operations in Sitio Balabag, Depore, Bayog,
Zamboanga del Sur against herein petitioners.
4.5.0. VALENTINO EDANG is a retired army officer now
hired as field Security Manager for Sitio Balabag
Project of TVIRD. Testimonial and documentary
evidence emphasize that he has actual knowledge
and participation in the operations in Sitio
Balabag, Depore, Bayog, Zamboanga del Sur
against herein petitioners.
4.5.1 MARLOU CORANEZ is a corporate executive of
TVIRD for Sitio Balabag Project. Testimonial and
documentary evidence explain that he has
actual knowledge and involvement in the
operations in Sitio Balabag, Depore, Bayog,
Zamboanga del Sur against herein petitioners.
4.5.2 CIPRIANO BAYAN is a former member of the
military and is currently hired by respondent
9 Petition for Amparo
corporation, TVIRD, to supplement its security
force.
4.5.3 The privately armed BLUE GUARDS who
operate as security personnel for TVIRD in Sitio
Balabag, Depore, Bayog, Zamboanga del Sur
under the direct command and instruction of
YULO PEREZ, EMMANUEL S. CAYTON,
VALENTINO EDANG, and PAUL VINCENT ARIAS;
4.5.4 SPECIAL CIVILIAN ACTIVE AUXILLIARIES
(SCAA) under the control and supervision of 1st
Infantry Tabak Division, 53rd IB, 102nd Brigade
Philippine Army in Ipil, Zamboanga Sibugay;
Respondent’s Addresses for Service of Summons/Orders/ Notices of the Honorable Court of Appeals
5. Respondents EUGENE T. MATEO, JOHN B.
RIDSDEL, YULO PEREZ, ROBERT JAY NELSON, RENNE
SUBIDO, LUIS JOVITO A. SANTOS JR., RENE DE OCAMPO,
MARLOU CORANEZ, and EMMANUEL S. CAYTON may be
served with summons and/or notices and orders of this
Honorable Court of Appeals at 22nd Floor, Equitable PCI
10 Petition for Amparo
Bank Tower, 8751 Paseo de Roxas, Makati City, Metro
Manila.
6. Respondents PAUL VINCENT ARIAS, VALENTINO
EDANG, the BLUE GUARDS, CIPRIANO BAYAN, and Special
Civilian Active Auxiliaries (SCAA) may be served with
summons and/or notices and orders from this Honorable
Court at TVIRD Field Office at Sitio Balabag, Depore, Bayog,
Zamboanga del Sur.
7. Public respondent MAYOR LEONARDO BABASA
(“MAYOR BABASA,” for brevity) is the incumbent municipal
mayor of Bayog, Zamboanga del Sur. He is herein impleaded
as having closed association with the named private
respondents, executives and officers of TVIRD. Mayor
Babasa has knowledge and approved the plan of liquidation
and/or attack on petitioners based on the disclosed
documents in this petition. He may be served with
summons at the Office of the Municipal Mayor, town hall,
Bayog, Zamboanga del Sur.
8. Public respondent GOVERNOR ANTONIO H.
CERILLES, (“GOV. CERILLES,” for brevity) is the incumbent
Governor of Zamboanga del Sur. He is here impleaded as
11 Petition for Amparo
having close association with the respondents TVIRD’s
corporate officers and executives. He has actual and direct
knowledge so that he approved the plan of liquidation
and/or attack on petitioners based on the disclosed
documents in this petition. He may be served with
summons at the Office of the Provincial Governor, Capitol
Compound, Pagadian City. As an incumbent highest public
official in the province, he has vast influence and control
over certain line agencies of Zamboanga del Sur provincial
government and, to a certain extent, latent influence in
other government offices, as well as judicial and quasi-
judicial bodies therein.
FACTS RELEVANT and MATERIAL
FOR THE ISSUANCE OF
WRIT OF AMPARO
A peaceful and abundant community
9. Sitio Balabag, Barangay Depore, Bayog, Zamboanga
del Sur is occupied and claimed by the Subanen, a group of
indigenous people (IPs) in Zamboanga del Sur as their
ancestral domain. They are in the process of acquiring title
or Certificate of Ancestral Domain Title (CADT) over this
same area.
12 Petition for Amparo
10. In their assertion for self-determination, and their
right to development, they are now formulating their
development plan which includes the identification of
resources. Very important and valuable natural resource
which their ancestral domain has is the rich mineral
deposits which make a foreign-national corporation doing
business in the Philippines very interested in the area.
Respondent TVIRDP is interested in the ancestral domain in
Sitio Balabag, Depore, Bayog, Zamboanga del Sur.
11. The foreigners have no place in the ancestral
domain of the Subanen in Balabag, Depore, Bayog,
Zamboanga del Sur as the Subanen are enjoying their
mineral-rich home. Subanen and the settlers have
harmonious relationship since 1980s until at present so
that they are in partnership for the development of their
mineral-rich ancestral domain. Small-scale mining activities
have been conducted in Sitio Balabag, Depore, Bayog
Zamboanga del Sur since the 1980s.
12. Petitioners ARANDY “RANDY” D. SILVA,
ROSELYN V. SILVA, EDGAR T. BALING, DENNIS B.
PAQUIT, JULIETO “GIGING” L. MONDING, JOEL E.
CAYABYAB as well as ALEX “LEK” A. CABUG-OS are
13 Petition for Amparo
noteworthy Filipino settlers in the mineral-rich ancestral
domain of the Subanen as they are now the subject of plan
of liquidation and operation of annihilation by the foreign
company, TVIRD.
13. Meanwhile, in 1997, the thriving communities in
Sitio Balabag, Depore, Bayog, Zamboanga del Sur formed a
non-stock, nonprofit association by the name of Monte de
Oro Small Scale Miners Association (“MOSSMA,” for brevity).
This is organized to give the community of Subanen and
settlers a legal personality. MOSSMA is a duly organized
corporation under Philippine Constitution and laws, with
SEC Registration No. G1997-00247, issued on August 14,
1997. While the 60% of its membership is Subanen,
Petitioners are members and some of them officers of
MOSSMA.
14. This year, on 28 February 2012, MOSSMA
opposed the Mineral Production Sharing Agreement (MPSA)
of the TVIRD by filing a Petition1. They wanted to assert
that their area should be declared as people’s small-scale
mining area (PSSMA) or Minahang Bayan pursuant to
Republic Act 7076, to benefit Filipinos as preferred by the
1 ANNEX “A”
14 Petition for Amparo
1987 Philippine Constitution. Likewise, the Subanen issued
a declaration on NO Free and Prior Informed Consent (FPIC)
to prevent TVIRD from conducting mining operations in
their ancestral domain.
15. In this harmonious relationship of the Subanen
and the settlers in Balabag, Depore, Bayog, Zamboanga del
Sur, TVIRD should forcibly drive them away from their area
so that the latter can exploit the mineral-rich land, and
bring a large profit to their own country, leaving Filipinos
with nothing but denuded land, silted river and displaced
farmers and indigenous people.
16. The small-scale mining activities of the Subanen
and the settlers are dispensable obstacle to Respondents’
TVIRD time-bound objective of occupying the area in Sitio
Balabag, Depore, Bayog, Zamboanga del Sur, so that they
are now resorting to various forms of violence, harassments
and clandestine schemes directed at extra-judicially
eliminating and/or liquidating members of local community,
individuals and organizations as well as small-scale mining
activities, at all costs and at all means. The Respondents’
plan of annihilation should also include the community’s
15 Petition for Amparo
friend from the media and the Sangguniang Bayan who
strongly oppose as well as staunch advocates of anti-large-
scale mining by TVIRD.
17. Obviously, TVIRD executives are under pressure
by foreign investors to fast track their large scale mining
operations and even to disregard fundamental human rights
to life, property, and liberty by whatever means and
according to their own terms only.
The Continuous Surveillance and Actual Threats to life and property on the Petitioners.
18. Since February 2012 until at present, the
Petitioners have been experiencing constant harassments
and actual threats on their lives after MOSSMA filed a
petition on 28 February 2012 to declare areas in Sitio
Balabag, Depore, Bayog, Zamboanga del Sur a Minahang
Bayan pursuant to RA 7076. Their assertion to declare the
mining areas in Sitio Balabag, Depore, Bayog, Zamboanga
del Sur as people’s small-scale mining area dates back even
prior to August 1, 1987.
16 Petition for Amparo
19. In particular, the circumstance of threats and
surveillance are, to wit:
ROSELYN V. SILVA
19.1. Roselyn V. Silva is the President of Monte de Oro
Small Scale Miners Association. She maintains a
residence, and a workplace at Sitio Balabag, Depore,
Bayog, Zamboanga del Sur. Attached to this petition is
the affidavit of Roselyn D. Silva as Annex “B” attesting
that: Sometime between 27 February 2012 to 4 April
2012, she received a text message stating, to wit:
“Gusto lang naming malaman nyo na alam naming kung saan kayo nagpupunta. Markado na namin lahat mga sasakyan ninyo. Napakadali naman pala ninyong tudasin. Pero hayaan ninyong unahin galing sa baba hanggang sa taas. Pakisabi kay ed baling trabaho lang kung R.I.P. na sya. Isusunod naming ang nagbibigay ng info sa inyo, si joel. Pakisabi na alam naming na tumutulong sya sa inyo. Itutumba naming sya. Isusunod naming ang Silva at last si Mr. Monding.” (Emphasis ours)
19.1.1. Subsequently, ROSELYN V. SILVA reported the
matter to the police on 5 April 2012 through a letter
addressed to Atty. Napoleon Romeo Estilles, Police
Chief Superintendent, Regional Director PRO-9, Camp
Abendan, Mercedez, Zamboanga City, which for
reference, attached to her affidavit. She had known by
17 Petition for Amparo
then that the other persons mentioned in the afore-
quoted text message are the following: Petitioner JOEL
E. CAYABYAB referred to as “joel,” a former TVIRD
employee who later resigned in 2011; EDGAR T.
BALING referred to as “ed baling,” staff of MOSSMA;
ARANDY D. SILVA referred to as “Silva,” a MOSSMA
officer; and JULIETO “GIGING” L. MONDING referred
to as “Mr. Monding,” a Sangguniang Bayan member of
Bayog, Zamboanga del Sur who is against TVIRD
project in Balabag. Roselyn V. Silva later informed
other persons mentioned in the message sent to her to
threaten her, through text message.
19.1.2. Moreover, in several instances, Roselyn V. Silva
noticed motorcycle-riding men in the period of 2 April
2012 to 14 May 2012, tailing her in Balabag, and
frequenting their Caltex gasoline station at Poblacion,
Imelda, Zamboanga del Sur, just loitering around and
having unusual behavior, with no apparent purpose
but just observing any movement in the establishment.
Likewise, there were instances where some individuals
acted as if vendors or unusual and unknown job
applicants, frequenting their place of work. These
unusual circumstances persist even at present. For
18 Petition for Amparo
easy reference, a photograph is hereto attached as
Annex “B-1”2. This photograph shows of a person on
a motorcycle, just loitering around their premises.
Obviously there is something bulging in his waistline.
ARANDY “RANDY” D. SILVA.
19.2. Attached to this petition is his affidavit as
Annex “C.” He maintains a working abode at Sitio
Balabag, Depore, Bayog, Zamboanga del Sur being a
member of MOSSMA. During the period of April to
May 2012 and until at present, there has been
persistent and continuous surveillance on himself and
his family by suspicious motorcycle-riding men in
tandem usually tailing his Red Mitsubishi Montero
during times when he is mobile within Sitio Balabag in
Bayog, Zamboanga del Sur, and in going to Imelda,
Zamboanga Sibugay and Pagadian City.
19.2.1. Another instance of surveillance was at his
sister-in-law’s Caltex gasoline station at Poblacion
Imelda, Zamboanga Sibugay where he sometimes
noticed unusual behavior of persons loitering their
premises, “apparently observing us and staying in our
2 This is also similarly attached in the affidavit of ROSELYN V. SILVA as ANNEX “B-ROSE SILVA”
19 Petition for Amparo
premises with no other purpose. These are usually
motorcycle-riding men.”
JOEL E. CAYABYAB
19.3. Attached to this petition is his affidavit as Annex
“D.” He is a staff of the community organization,
MOSSMA and works at Sitio Balabag, Depore, Bayog,
Zamboanga del Sur. In June 2012, on several
occasions, he noticed unknown persons with
suspicious behavior frequenting their house at
Buenavista, Pagadian City, between 12:00 midnight
and at dawn. In fact, on 17 June 2012, in the morning
of father’s day, he found a piece of paper posted on the
door of his residence, with handwritten message3
bearing the following words:
MAGHANDA KANA DAHIL IKAW NA UUNAHIN NAMIN. IF YOU WANT TO BE SAFE WITH YOUR FAMILY, BACK OFF!! MAG-INGAT KA SA MGA KINIKILOS MO, DAHIL NAKATUTOK ANG MGA MATA NAMIN SAYO IKAW RIN BAKA MAGSISI KA, ANG DALI MO NAMANG MAPATUMBA. WE ARE WATCHING YOUR FAMILY. (Emphasis ours)
DENNIS B. PAQUIT
19.4. Attached to this petition is his affidavit as
Annex “E.” He is an officer of MOSSMA and
3 For reference, see attachment in the Affidavit of Joel E. Cayabyab.
20 Petition for Amparo
maintains a working residence at Sitio Balabag,
Depore, Bayog, Zamboanga del Sur. During the
months between April to May 2012 and intermittently
up to present, there were persistent surveillance on
himself and his family by suspicious men in
motorcycle, riding in tandem. One such instance
happened in Manan-aw, Baroy, Lanao del Norte when
he and his wife were visiting a town fiesta last May 16,
2012. They noticed four (4) persons riding in tandem
on motorcycle tailing them during fiesta activities.
EDGAR T. BALING
19.5. Attached to this petition is his affidavit as Annex
“F.” Edgar Baling is a staff of MOSSMA, who ensure
truthful and realistic implementation of its projects
and programs most beneficial to its members, the
Subanen and the settlers, who are conducting small-
scale mining in Sitio Balabag, Depore, Bayog,
Zamboang del Sur. He is not residing in Balabag,
Depore, Bayog, Zamboanga del Sur, but regularly
visiting MOSSMA at their office in Sitio Balabag to
effect genuine implementation of the programs and
projects. Recently, on July 8, 2012 at around 12:00
21 Petition for Amparo
noon he received a threat, sent through a text message
to his cellular phone, bearing words, to wit:
Mr. Baling, para ka lng aso na kumakahol sa buwan. Napaamo nga namin mga malalaking tao, alam mo na sino sila, ikaw, bakit hindi. Kaya ka naming bigyan ng trabaho. Mr.Pedrano, ang pagiging magaling na media, hindi karangalan laging pabuya, minsan, bala. Nasaktan mo kami pero alam naming naghahanapbuhay ka lang. Makisama ka nalang. May mga media nga kaming binubuhay. Joel, bumalik ka na. Kung ano kina Danny at Paolo, yun din sayo. Pwede ngang higit pa. Alam ninyo kungano ang maitutulong nyo sa amin. Tandaan nyo tong tatlo, mabuti kaming kaibigan pero masamang kaaway. (Emphasis ours)
19.5.1. Likewise, Edgar T. Baling is now experiencing
actual threat through surveillance by unidentified
persons who were tailing him, on motorcycle
frequenting his place at San Jose, Pagadian City, even
at unholy hours at night.
ALEX A. CABUG-OS
19.6. Attached to this petition is his affidavit as Annex
“G.” LEK CABUG-OS is also a staff of MOSSMA, in
Sitio Balabag, Depore, Bayog, Zamboang del Sur and
stays there most of the time. Just this 8 July 2012,
Petitioner Cabug-os noticed two (2) unknown men in
motorcyle, unusually and/or suspiciously behaving
22 Petition for Amparo
and loitering outside their premises at Tubod,
Lakewood, Zambonga del Sur. Upon seeing the men,
he had to discreetly go somewhere using the back exit
of their house.
JULIETO “GIGING” L. MONDING
19.7. He is an elected and incumbent member of the
Sangguniang Bayan of Bayog, Zamboanga del Sur.
Attached to this petition is his affidavit as Annex “ H ”
Between February and April 2012, he was informed by
ROSELYN V. SILVA, about a text message stating
threat of his liquidation or “itutumba naming siya”.
In fact, on 7 April 2012, he was ambushed as
explained in Extract Blotter, hereto attached as Annex
“H-1”. In May 2012, he noticed an intermittent
motorcycle-riding men tailing his pick-up vehicle
anywhere he goes, even performing a public function
within Bayog, and in his way to Ipil or Pagadian.
These surveillance persisted by motorcycle riding men
loitering around their Buug Milling compound with no
apparent purpose, but observing the activities therein.
JOSELITO A. PEDRANO
19.8. Attached to this petition is his affidavit as Annex
“ R ” Pedrano is presently a broadcast journalist
connected with DXWO Pagadian City and is handling
23 Petition for Amparo
radio program of a Party List, Alliance of Advocates for
Mining Advancement for National Progress, at DXRH,
Kalian, Margosatubig, Zamboanga del Sur. As a
broadcast journalist, he has a radio program at DXRH
twice-a-week from 12:30-1:00 PM. This program
focuses on mining advocacies and other related topics.
The first time that he learned of the imminent threats
upon his life was in February 2012 when a classmate
in law school in Pagadian City approached him,
informing him that she personally overheard a
conversation of a group of persons in the municipality
of Imelda, Zamboanga Sibugay, wherein Joselito
Pedrano’s name was the topic. Accordingly, this group
had Joselito’s picture which she saw and said to be a
subject for liquidation. Thereafter, in March 2012,
Pedrano also received a text message which state:
“HINAY-HINAY LANG BRO KAY BASIN MA-PAREHA KA
NI JUN JALAPIT,” referring to the late broadcaster of
Pagadian City who was murdered.
19.8.1. On 29 June 2012, Pedrano visited his
hometown by his brother, a member of the Philippine
National Police and who has a friend in the intelligence
community, that there is “a plan to liquidate me and
24 Petition for Amparo
that he told me to slow down, referring to my radio talk
on mining issues in Balabag, Depore, Bayog,
Zamboanga del Sur.”
The OPLAN BONGKAG (Operation Destruction)
20. “OPLAN BONGKAG” consists of, first, disturbing
the peace and order, and creating scenarios in Balabag area
and justify the deployment of military, CAFGU/Special
Civilian Active Auxilliaries (SCAA) at the instance of TVIRD.
Second, road blockades and checkpoints would be set up,
actually directed to make it difficult for the communities to
continue their livelihood activities and earn for their
sustenance. Ultimately, it aims to destroy the existing
occupation of the local indigenous communities and local
settlers in their present areas of occupation in Sitio Balabag,
Depore, Bayog, Zamboanga del Sur. The military and/or
inter-agency tasked force stationed in the area would then
be eventually replaced by heavily armed TVIRD private army
called Blue Guards.
21. The present threats to the petitioners can be
traced to TVIRD’s built-up activities in 2011. Earlier in
2011, there were several peace and order problems that
25 Petition for Amparo
transpired in Sitio Balabag, Depore, Bayog, Zamboanga del
Sur. It became apparent to residents of Sitio Balabag,
Zamboanga del Sur that Respondent TVIRD has been
creating a chaotic situation, scenarios of all sorts to justify
the deployment of military forces. Photographs of the
military deployed in the area accompanying the TVIRD
equipments is here attached as Annex “S”.
22. A checkpoint was eventually established by
Respondent TVIRD and its officers and employees, manned
by the BLUE GUARDS and SCAAs to institutionalize threats,
violent aggression, and harassments to community
members, persons and local community leaders. It was a
systematic annihilation of community members in Balabag
area to give way to the large-scale, destructive, mining
operations of TVIRD.
23. At present, the checkpoint is still existing in
Balabag, Depore, Bayog, Zamboanga del Sur, manned by
privately armed Blue Guards of TVIRD, requiring the
Subanen and settlers to log-in and log-out in every passage
in that checkpoint. This is effectively restraining their
freedom of movement as well as ingress and egress, violative
of the Constitution.
26 Petition for Amparo
24. Petitioners later came to know of an OPLAN
BONGKAG (“Bongkag” meaning in English meaning to
destroy) designed by TVIRD executives, specifically, by
respondent Emmanuel Cayton and other ex-military/police
officials Paul Vincent Arias, Valentino Edang, Nolito Navarro
and Cipriano Bayan with the approval of top level TVIRD
executives.
25. OPLAN BONGKAG was revealed through
documents disclosed by former TVIRD employee, herein
Petitioner, Joel E. Cayabyab. During the period of May
2011 until his resignation from TVIRD in November 2011.
Joel E. Cayabyab was present, on official function, to a
number of meetings attended by retired army officers
EMMANUEL CAYTON, VALENTINO EDANG, with some other
ex-military/police officers PAUL VINCENT ARIAS, NOLITO
NAVARRO (TVI Assistant Security Manager) and some active
junior military officers, a certain Lt. GARY MASIDMAN and
CAPT. PABICA of the 53rd IB, 1st Division of the Philippine
Army. The meetings were purposely for the implementation
of OPLAN BONGKAG.
27 Petition for Amparo
Attached to this petition are plans and emails of
OPLAN BONGKAG attached herewith as Annex “I” to “L”
with sub-markings. The documents are mentioned, their
existence confirmed in the affidavit of Joel E. Cayabyab.
Investigation and failed peace pact
26. On account of the various circumstances of
threats to the lives and security, as well as harassments to
local communities and to MOSSMA community leaders,
Julieto “Gigging” Monding, a Sangguniang Bayan (SB)
member of Municipality of Bayog, Zamboanga del Sur,
sought the aid of P/SS WILLIAM TOLOMIA MANZAN (DSC),
Officer in Charge-Provincial Director, Philippine National
Police, Zambonga del Sur, Camp Abelon, Pagadian City,
requesting for an investigation on the various peace and
order incidents and hoping that TVIRD executives will
come to a table to discuss the peace and order situation.
27. As response to Petitioner by Julieto “Gigging”
Monding’s efforts of dialogue, and meeting together to
discuss the pressing concerns, P/SS WILLIAM TOLOMIA
MANZAN conducted an investigation as well as invite
TVIRD executives, corporate officers, and agents to a
28 Petition for Amparo
conference and supposed peace pact. TVIRD executives,
corporate officers and agents however did not show up,
apparently not interested to cooperate in the investigation
and pursue a peaceful dialogue.
28. On May 2012 and up to this present day, the
surveillance against petitioners intensified and the
harassments directed to local civilians in Sitio Balabag,
Zamboanga del Sur worsened.
OPLAN-X
29. The serious threats to petitioners’ lives and safety
became even more apparent. Recently, in May 2012,
petitioners learned and came to know of an activation of a
systematic and company-financed aggressive plan called
“PLAN-X” aimed at liquidating petitioners ARANDY
“RANDY” SILVA, ROSELYN SILVA, EDGAR T. BALING,
DENNIS PAQUIT, JULIETO “GIGING” MONDING, JOEL
CAYABYAB and ALEX “LEK” CABUG-OS and local
broadcast journalist JOSELITO A. PEDRANO.
30. The said plot and other information was revealed
through series of email exchanges and communications by
TVIRD insiders who were privy to these communications
29 Petition for Amparo
and, at that time, burdened by their conscience. These
TVIRD insiders were Engr. Danilo Halago, Project Engineer,
and Paolo Dizon, Cost Controller for Balabag project of
TVIRD. The series of TVIRD email communications were
discreetly given to petitioner Joel E. Cayabyab out of
concern for his safety, he being former colleague of Danilo
Halago and Paolo Dizon at TVIRD prior to 2011. (See
attached affidavit of Joel Cayabyab).
31. One email communication dated May 16, 2012 by
Paul Vincent Arias was sent to TVIRD top level officers and
staff, including Yulo Perez, Valentino Edang, Nolito Navarro,
Paul Cipriano Bayan, Rene Subido, Frank Castro, Richard
Abaday, Paolo Dizon, Marlou Coranez. This email, among
others, was passed and contained under the
tvipacific.com.ph email account, specifically, from
paul.arias@tvipacific.com.ph to yulo.perez@tvipacific.com.ph
and emmanuel.cayton@tvipacific.com.ph with copy
furnished to other tvipacific.com.ph email accounts.
The email is here quoted in part, to wit:
Below is the finalized listing and status of targets as of 16 May 2012:
1. GIGING MONDING [RED] [Target 1:24/7 Surveillance is ACTIVATED ONWARDS]
2. DENNIS PAQUIT [RED] [Target 2:24/7 Surveillance isACTIVATED ONWARDS]
30 Petition for Amparo
3. RANDY SILVA [RED] [Target 3:24/7 Surveillance is ACTIVATED ONWARDS]
4. ROSE SILVA [RED] [Target 4:24/7 Surveillance is ACTIVATED ONWARDS]
5. EDGAR BALING [BLUE] – No Firearm/[Target 6:
Surveillance is ACTIVATED
NON-MAJOR TARGETS
6. JOSELITO PEDRANO [BLUE] – No Firearm/ Target Surveillance is ACTIVATED
7. JOEL CAYABYAB [BLUE] – No Firearm/ Target Surveillance is ACTIVATED
8. ALEX “LEK” CABUGOS [BLUE] – With Firearm/Target Surveillance is ACTIVATED]
I would like to inform you sir that on May 18, Friday, our Special Surveilance Unit (SSU) is ready to be deploy on the targets bearing RED status, it will intensively focus and analyze the actions, activities, and their movements. In addition to their surveillance capabilities, our new SSU are capable of carrying tasers for “crowd control”, or weapons for carrying enemy combatants. They are much developed by my friends in the NBI and automated much of aerial surveillance process. They will automatically report their activities back to a centralized monitoring station.
regards,
Paul
Yulo Perez <yulo.perez@tvipacific.com.ph> Wed, May 16, 2012 at 6:12 PM
To: Paul Vincent Arias<paul.arias@tvipacific.com.ph>
Thanks on this update Paul. Please proceed on the implementation as planned, and since this is the first time to activate our special surveillance unit it would be easier for them traverse and focus on the movement of target 1 and 2, and next week to focus on target 3 and 5 all with RED status. For your guidance.
Yulo
The above email communication is hereto attached
as Annex “N” dated May 16, 2012, likewise made as an
attachment in the affidavit of Joel E. Cayabyab.
32. The disclosed TVIRD email communications
revealed that petitioners have been in constant surveillance
since March 2012 under a planned “Silent Attack.” One
email communication, dated March 26, 2012, reads:
Emmanuel Cayton emmanuel.cayton@tvipacific.com.ph�
Mar 26 2012
to Yulo Perez, Valentino Edang, Nerissa Corilla, Paul Arias, LulieMicabalo Jericho Gamelo, Frank Castro, DaniloHalago, Paolo Dizon,
SECURED MANAGEMENT COMMUNICATION SYSTEM (Warning: Privacy Protected Files – CONFIDENTIAL)
Good afternoon Sir, Here is the initial and joint report of Balabag Team:
� Just finished close-door meeting with Val, Paul, Marlou, Nerissa, Danny, Lulie and Gerry here in Bayog Office. Updates at the site: officially decommissioned and dismantled CIP Plant of CelsoMatias. All Plants in the area did not operate during the dismantling presumably because of the presence of our security.
� As decided on our meeting, we will pursue the silent attack whatever means necessary but with governor’s consent. The scheduled meeting with him is tomorrow,March 27. Even if Gen.cruz will not support, we will execute the attack as long as the governor will order. I will find out on the meeting tomorrow sir, I will report immediately.
� Planning of the Silent Attack Execution is on its 14TH day with 95% total accomplishment. We are targeting completion of the planning tomorrow afternoon. Our civilian troops for the attack is almost activated. The equipment to be use is in standby mode. We have reports from our surveillance personnel on site that SSM specially mossma are more likely to distribute weapons. In this regard, I would suggest that we will attack on early morning of march 28. I will open this up tomorrow in the meeting with the governor. About the presence of military in the mine site, I will confirm that it is not a problem sir. Everything now is under control. I already called up 102nd brigade commander and instructed that his troops should not react during our attacks on the ssm. He assure me of his promise.
Further and Final Report to be follow tomorrow after our meeting with gov.cerilles
31 Petition for Amparo
32 Petition for Amparo
nonong
Yulo Perez yulo.perez@tvipacific.com.ph�
Mar 26 2012
to Emmanuel Cayton, Valentino Edang, Jericho Gamelo, NerissaCorilla, Paul Arias, LulieMicabalo, Frank Castro, DaniloHalago, Paolo Dizon, MarlouCoranez
Nong, report immediately after your meeting with gov.cerilles. I will also maneuver to control cliff and Eugene and ensure they will not know about the attack. We need to act as fast as we can before the ssm can calculate our moves.
Yulo
The above email communication is hereto attached
as Annex “O”, likewise made as an attachment in the
affidavit of Joel E. Cayabyab.
33. Another e-mail by Yulo Perez to Emmanuel
Cayton, Paul Vincent Arias dated May 5, 2012 e-mail
reads:
Yulo Perez <yulo.perez@tvipacific.com.ph> Sat, May 5, 2012 at 1:56 PM
To: Emmanuel Cayton <emmanuel.cayton@tvipacific.com.p> PaulVincent Arias<paul.arias@tvipacific.com.ph<Cc Attached>
Gen. Cayton and Paul,
This request has already been approved by Cost Control and Finance. Even if this is out of budget, insisted and recommended to be approvedso we can activate additional team of SIU. I threatened them that if will they report this in any of the top executive, will start firing them one by one with bullets on their head. Please organize the request for funds, the communications to the team, and the implementation plan. I would like this to happen after you have finalized the planning of Plan-X. I will update CN-GAC and CN-MLB on the current status of Plan-X.
Yulo
The above email is attached herewith as ANNEX “P,”
likewise made as one the attachment in the affidavit of Joel
E. Cayabyab.
34. Petitioners later learned that “CN-GAC” in the
emails refers to Code-Name Governor Antonio Cerilles,
respondent provincial Governor of Zamboanga del Sur and
“CN-MLB” refers to Code-Name Mayor Leonardo Babasa,
respondent Muncipal Mayor of Bayog, Zamboanga del Sur,
an ally of Gov. Cerilles. It appeared that early on, public
respondent Gov. Cerilles had known of the plan to liquidate
petitioners and approved the same. This is apparent in the
following email dated March 29, 2012:
SILENT ATTACK STATUS
Yulo Perez yulo.perez@tvipacific.com.ph�
Mar 29 2012
to Emmanuel Cayton, Valentino Edang, Nerissa Corilla, Paul Arias, LulieMicabaloJericho Gamelo, Frank Castro, DaniloHalago, Paolo Dizon, MarlouCoranez
SECURED MANAGEMENT COMMUNICATION SYSTEM (Warning: Privacy Protected Files – CONFIDENTIAL)
For the information of everybody within this S-M-C-S:
It looks like we have wasted more than a year including the planning for this “Silent Attack” which I planned to be the last technique and played a major role we can used against the ssm in Balabag in a worst-to-worst circumstances. In the external view we can say that it is all right even if someone betrayed us, but you don’t know deep inside how destructing it is. This will include personalities such as Governor and Congresswoman Cerilles and in our investors which we are
33 Petition for Amparo
34 Petition for Amparo
already committed to start our operation within April 2012.But now the governor is slowly retracting his support on us knowing that our emails has been leaked and it might affect his political career. Did you know what will be the impact on this in our operation? This is not only a headache but it is a DISASTER! The damaged cost millions of pesos and with the military forces is nowwithdrawing its support on us, our silent attack and other plans is now rapidly damaging our over all internal and external operation. In the beginning, what I think is the cooperation, honesty and loyalty of our personnel can start our operation smoothly.But I was wrong. With this incident of leaked emails, I don’t think there is still an allegiance within our circle. Gen.Cayton, Col.Edang and Richard, I want the final report on the investigation of leaked emails on April 2. Because if you cant track and prove who it is, im sorry but I will be the one to fire you out in this company. With this, I am ordering all higher ranked staffs and within this secured management communication system – Report to General Cayton and Col.Edang immediately to submit yourself for investigation. Nong, in my meeting with Ma’am Auring yesterday, she said that even if the emails has been leaked we have no choice but to continue if we want to win this war. What will happen on the coming days, she assures us that the province of Zamboangadelsur is in full support on our operation as well us in our plans. Govcant attend the meeting because of some schedules, I just called him and thank for his continued support on us. I also talk with him regarding the leaked emails and ensures that the internal investigation is now running to calm him down that is why I need the final report on the 2nd of April first thing in the morning. Terminate the Silent Attack and Execute our Last Plan targeting 2 dates. If we cantexecute our full demolition on the 30th then we will proceed on the final date March 31 as per advise by Gov.
Yulo
Copy of the above email communication is hereto
attached as ANNEX “Q” and likewise attached in the
affidavit of Joel E. Cayabyab.
35. In the course of the leaking of the e-mails to some
of petitioners, those who learned first had relayed the
35 Petition for Amparo
information to those included. They were mindful, became
careful of their movements and whereabouts. Likewise,
watchful of themselves, trying not to establish a pattern in
their travels to avoid the attack on their lives.
36. Meanwhile, TVIRD executives, especially private
respondents Yulo Perez, Emmanuel Cayton, Valentino
Edang, and others had sensed of a leakage in the
confidential information. They began an investigation,
improved their electronic system of communication, and
checked on their ranks.
37. In April and May 2012, TVIRD insiders, Danilo
Halago and Paolo Dizon lie-lowed as contact and became
wary of their safety. They filed a leave of absence from
TVIRD. However, in due time, TVIRD discovered the
involvement of Danilo Halago and Paolo Dizon in the leaked
emails. TVIRD later had gone to go after them as well as
petitioner Joel E. Cayabyab.
38. Subsequently, petitioner Joel E. Cayabyab was
informed by Paolo Dizon that the latter was returning to the
folds of TVIRD since private respondent Yulo Perez, TVIRD
36 Petition for Amparo
executive, gave Dizon and Danilo Halago huge promises of
rosy future if they would “cooperate” with TVIRD. Yulo Perez
also lured the two informants and that they would not harm
them if they would return to TVIRD. Paolo Dizon later asked
petitioner Joel E. Cayabyab to join TVIRD, and assured the
latter that he (Joel) would receive more than he previously
received as salary, plus bonus, from TVIRD if he will back-
out from further revealing the documents and e-mails on
Oplan Bongkag and PLAN-X against herein petitioners.
39. Presently, or as of the date of this Petition, the
surveillance still persist on the petitioners by an unknown
persons loitering in their respective homes and places of
work at Sitio Balabag, Depore, Zamboanga del Sur,
obviously with some unlawful intent on their lives and
safety.
40. Petitioners are now extremely watchful of their
surrounding, hiding most of the time inside residences and
transferring from one abode to another. Life is never the
same again for the petitioner, with the incidents outlined
and emphasized in this petition. With the present vicious
plan of TVIRD, in cooperation of public government officials,
37 Petition for Amparo
who are local government chief executives, petitioners’ lives
have become unstable and they are now so anxious of their
personal as well as their family’s safety.
41. The present circumstances of imminent threats to
petitioners’ lives are so serious, actual and imminent that it
needs judicial intervention. The previous attempt of
seeking investigation with the Provincial Commander of the
Philippine National Police, Zamboanga del Sur and supposed
dialogue with TVIRD did not give petitioners assurance of
protection, considering that there are other public officials
involved in the contrived plan of TVIRD.
42. The petitioners are constrained to come to this
Honorable Court of Appeals for relief as the respondent high
public officials have vast influence in Zamboanga del Sur
and widely known to possess armed goons. TVIRD also
possess vast economic resources and capacity to conduct a
simultaneous operation in liquidating, or to a certain end,
annihilation of community members who stand firm for
their land, home and resources.
38 Petition for Amparo
43. The issuance of the Writ of Amparo by this
Honorable Court, together with other incidental remedies
from this Honorable Court of Appeals, shall protect the lives,
property and safety of the petitioners.
PRAYER
WHEREFORE, premises considered, petitioners most
respectfully and URGENTLY pray of this Honorable Court of
Appeals for the IMMEDIATE issuance of a Writ of Amparo.
Likewise to issue an ORDER for the following:
1. COMMANDING Respondent TVIRD, its named
corporate officers, executives, and all other persons acting
for and in their behalf, under pain of contempt, to cease and
desist from any action and threats, intimidation, and
attacks of whatever kind that will harm petitioners herein
and their immediate household, including the conduct of
surveillance on petitioners and their families;
2. PROHIBITING TVIRD, respondent corporate
officers, its executives, their agents, and all other persons
acting for and in their behalf, under pain of contempt, from
threatening, harassing or inflicting any harm to herein
Petitioners, their immediate family and members of their
39 Petition for Amparo
household, as well as prohibiting TVIRD, its executives,
their agents, and all other persons acting for and in their
behalf, under pain of contempt, from entering petitioners’
dwelling and working areas in Sitio Balabag, Depore, and
Bayog, Zamboanga de Sur;
3. COMMANDING named respondents and
respondent public officials, within a non-extendible period of
seventy-two (72) hours from service of the writ, (1) to file a
verified written return with supporting affidavits and, under
pain of contempt, (2) to cease and desist from threatening,
harassing or inflicting any harm to herein Petitioners, their
immediate family and members of their household, (3) to
desist from performing any act inimical to the lives and
safety of petitioners and members of their household,
including entering petitioners’ dwelling and working areas in
Sitio Balabag, Depore, and Bayog, Zamboanga de Sur.
4. COMMANDING and/or DIRECTING the Philippine
National Police (PNP), the Department of Justice (DOJ), and
the Department of Interior and Local Government (DILG) to
(1) immediately give ample security protection and
assistance to petitioners and their families and (2) conduct
40 Petition for Amparo
investigation as well as give periodic reports to the
Honorable Court on the results of this investigation.
5. COMMANDING and/or DIRECTING the Armed
Forces of the Philippines, Philippine Army, thru the 53rd
IB, 102nd Brigade, 1st ID “Tabak” Division, to allow free
ingress and egress of people at Sitio balabag, Depore, Bayog,
Zamboanga del Sur, ensuring unrestricted freedom of
movement.
6. COMMANDING and/or DIRECTING the Philippine
National Police (PNP) to dismantle and disallow the
checkpoints manned by TVIRD Blue Guards and SCAA at
Sitio Balabag, Depore, Bayog, Zamboanga del Sur.
Prayer for Temporary Protection Order
7. IN ORDER to ensure the temporary safety and security
of co-petitioners Joel E. Cayabyab and Julieto “Gigging” Monding,
whose life and security at this time are extremely in danger, it is
respectfully requested that they be placed under a Temporary
Protection Order of the Witness Protection, Security and Benefit
Program under Department of Justice (DOJ) . Concomitantly, it is
urgently prayed that the DOJ be ordered to undertake immediate
41 Petition for Amparo
Recommended