On the indictment of the plotters and implementors of the abduction of Ma. Luisa Posa-Dominado and Nilo Arado

Julian Paisano
Tagapagsalita
Coronacion "Waling-Waling" Chiva Command
NPA-Panay
December 10, 2007

ON THE COMMEMORATION OF INTERNATIONAL HUMAN RIGHTS DAY, we hope to give our share to the struggle for justice of the victims of human rights violations. Coronacion Chiva "Waling-waling" Command, NPA-Panay, formally presents our indictment to the People's Court for the crime of abduction of Ma. Luisa Posa-Dominado and Nilo Arado, legal activists of people's organizations, last April 12, 2007 of the following:

Col. Noel Buan of the Internal Security Group (ISG) of the Philippine Army
Col. Marianito Perez of the Military Intelligence Battalion (MIB), 3ID, PA
Major General Juvenal Narcise, Commanding Officer of the 3rd Infantry Division (3ID, PA)
Captain Lowen Gil Marquez, spokesman of the 3rd Infantry Division
Demetrio "Hugo" Capilastique of the RPA, special CAFGU of the Philippine Army
Secretary Norberto Gonzalez, National Security Adviser of Gloria Macapagal Arroyo and several of his cohorts in the Cabinet's Cluster E
President Gloria Macapagal Arroyo
Several John Does involved in the abduction whose identities we have to withhold at the moment

Our investigations are still going on. Additional cases may be filed on the probable crimes of torture and murder after we finish compiling other testimonies and evidence towards proving the said crimes. These include the crime of attempted murder of Leeboy Garachico.

Two of the mentioned violators have been indicted for complicity to cover up the crime and for inciting to murder based on undisputable proof that they themselves have already shown to the public. Except for Arroyo and Gonzales, all of the above-mentioned accused are armed elements of the state who are already legitimate targets of NPA tactical offensives. Some, like Col. Noel Buan, Demetrio Capilastique, and Captain Lowen Gil Marquez have previous charges of murder, torture and rape of people here and in other places outside Panay.

The principals in this case are key personalities of the Arroyo regime who have designed the failed Oplan Bantay Laya (OBL I and OBL II). They and their reactionary Armed Forces of the Philippines are responsible for more than 800 extrajudicial killings that have been presented by the United Nations Rapporteur, Professor Alston, to the UN Human Rights Council. They are likewise responsible for the continued denial and cover-up of these killings.

We can not yet make public the voluminous information we have collected because we wish to protect the witnesses from becoming victims of the military's "salvaging". Some of the witnesses are in government while some are members of the state's armed forces who could no longer stand the brutality and treachery of their own organization.

The following are only a few of the bases for indictment that we can make public:

Col. Noel Buan, PA-ISG -- we have established his presence here before the incident and his involvement in the creation of "death squads" and liquidation of leaders of the revolutionary movement in Panay. He is among those who provoked the burning of the Bayan Muna production center in Villa, Iloilo City in the lot of Ma. Luisa Posa before the incident.
Col. Marianito Perez, MIB -- conspired with Col. Buan and others for the actual interception and abduction. He fled on the orders of his HQ (an obvious indication of his guilt) and did not appear for the habeas corpus case which the reactionary court ordered him to face. Col. Buan and Col. Perez both have motives for the abduction as implementors of the regime's policy and orders. Moreover, they have personal motives to settle a score due to the embarrassment they suffered from the ambush conducted by the NPA in Calinog last November 19, 2005. At the time of that incident, these two classmates at the Philippine Military Academy were the respective commanders of the 1st Scout Ranger Battalion and the 47th Infantry Battalion. Because they could not get hold of the NPA, they vented their resentment on the legal, unarmed activists who were in no way involved with the incident.
Major General Juvenal Narcise -- Holds command responsibility for allowing this violence on the legal activists who were let alone by the previous Division Commanders in Panay. He is responsible for the "transfer" of Col. Perez and the cover-up of the crime by pretending to post a P100, 000 award for the capture of the supposed perpetrators. He is also responsible for inciting the murder and abduction of legal activists which his spokesman Captain Marquez churns out including the cover-up of the crime by accusing the NPA themselves! We have enough proof of probable cause to indict him on this crime.
Captain Lowen Gil Marquez -- incited the murder and abduction of the legal activists, leaders of progressive Party-lists and mass organizations by maliciously branding them as "fronts" of the NPA. Until now, he keeps on branding as supporters of the revolutionary movement the candidates and winners of the barangay elections whose only "crime" were to be on the opposite side of politicians who are favored by the military or by Captain Marquez himself. He is also the instrument for covering up the crime first by denying it, then intentionally reversing the events to confuse the public and accuse the NPA of harming the very people he branded as NPA supporters. He plotted and even directly participated in an attempt to disrupt a gathering in commemoration of Luisa and Nilo by holding a picket of bonnet-wearing men and accusing the NPA for the incident. There is clear probable cause for the indictment of Marquez, based on his public announcements and actions, for inciting to abduct the two activists and covering up the crime.
Demetrio Capilastique alias Hugo -- we have sufficient number of testimonies that he conspired with Colonels Buan and Perez to act as leader of a "death squad" that figured in the abduction of Luisa and Nilo. We have evidence that his group also played a part in the casing and surveillance of the victims previous to the abduction, up to the abduction itself.
Secretary Norberto Gonzalez -- gave direct consent for the abduction of Luisa and Nilo.
The Arroyo Regime and its key personalities in Cabinet Cluster E are responsible for all the regime's victims of murder and abduction. The people's history will judge them for committing greater crimes and brutality wherein the abduction of Luisa and Nilo are just particular instances.

These charges and indictments have been relayed to the national leadership of the Communist Party of the Philippines and the NPA. All units of the NPA in Panay are ordered to arrest these accused and present them to the People's Court to face the charges against them. We give notice to the public that these accused are armed and dangerous so any information about them must be provided to the proper authorities of the revolutionary movement and the public must keep away from their company to avoid getting involved in the crossfire.

Julian Paisano
Coronacion "Waling-waling" Chiva Command
Regional Operational Command, Panay
December 10, 2007