UA Date: 11 April 2006
UA Title: Peasant shot 47 times inside home in Agusan del Sur, Philippines
UA Case: Summary Execution
Victim/s: Florencio Perez Cervantes
· 27 years old, married with three children
· Male
· Peasant
· A resident of Barangay Sta. Cruz, Rosario, Agusan del Sur, Philippines
· Barangay Council Member of Barangay Sta. Cruz, Rosario, Agusan del Sur, Philippines
Place of Incident: inside the home of the victim at Barangay Sta. Cruz, Rosario, Agusan del Sur,
Philippines
Date of Incident: 05 April at around 02:00 am
Allege Perpetrators: Military elements of the 36th Infantry Battalion led by Captain Bungcarawan
Account of Incident -
On April 5, 2006 at around 2:00 am, the Cervantes Family was awakened by a loud banging on their door. Their home was apparently being broken into and when Elsa stood up to check she was surprised to see an armed man wearing a bonnet and carrying a rifle inside their house.
The armed man immediately fired at Florencio. Elsa tried to grab the rifle to prevent the gunman from further firing at their children, who were lying beside her husband at that time. While Elsa was struggling with the gunman, Florencio signaled her to escape together with their children, which she did. But when she came to the living room, she found five more armed men in plain clothes who tried to block her way. But Elsa resisted and managed to successfully escape from them. While outside, Elsa heard more gunshots from inside their home. She also saw several more armed men in civilian clothes which surrounded their house.
After a while, the armed left and drove off on board two vans. At that time the couple's neighbors' were now awake and surrounding their home. When Elsa went back inside to check her husband, she saw him bloodied and on the brink of death. Their children were crying and trying to wake him up asking him if they should bring him to the hospital, "Papa, mapadala ka pa sa hospital?" they said.
Florencio suffered 47 gunshot wounds in different parts of his body.
An hour later, two vans carrying armed men in complete uniform arrived and asked about what happened.
They took pictures of the victim and his house, and then left.
On April 7, 2006 SUNSTAR Davao, a tabloid publication which is circulated within Mindanao came out
with a report of the killing of Barangay Councilman Felomino Cervantes whose real name according to
them was Florencio Cervantes of Barangay Sta. Cruz, Rosario, Agusan del Sur. The news article alleged
that Florencio was allegedly caught in a crossfire during an encounter of the New People's Army and
military operatives of the 36th Infantry Battalion led by Captain Bungcarawan.
Family members of the victim were angry and condemned the report as false. They insisted that Florencio
Was murdered and not killed in a cross fire between the NPA rebels and government soldiers.
Florencio was an active Bayan Muna (People First) supporter during the 2004 elections and was
very vocal about various peasant issues and demands in their community. He was also a very
religious man, who actively served his church as a member of the lay organization of their
parish.
RECOMMENDED ACTION:
Send letters, emails or fax messages calling for:
1. The immediate formation of an independent fact-finding and investigation team composed of representatives from human rights groups, the Church, local government, and the Commission on Human Rights that will look into the summary execution of Florencio Cervantes.
2. The arrest and prosecution of the perpetrators of the crime/s of summary execution.
3. The immediate and proper indemnification of the victims; and
4. The Philippine Government to be reminded that it is a signatory to the Universal Declaration of Human Rights and that it is also a party to all the major Human Rights instruments, thus it is bound to observe all of its provisions.
You may send your communications to:
President of the Republic
Malacanang Palace,
JP Laurel St., San Miguel
Manila Philippines
Voice: (+632) 564 1451 to 80
Fax: (+632) 742-1641 / 929-3968
Cell#: (+ 63) 919 898 4622 / (+63) 917 839 8462
E-mail: corres@op.gov.ph / opnet@ops.gov.ph
Hon.
Rene V. Sarmiento
*Office of the Peace Process
7th Floor Agustin Building I
Emerald Avenue
Pasig City 1605
Voice:+63 (2) 636 0701 to 066
Mobile:
Fax:+63 (2) 635 9579
Hon.
Avelino J. Cruz, Jr.
Secretary
Room 301 DND Building, Camp Emilio Aguinaldo,
E. de los Santos Avenue
Quezon City
Voice:+63(2) 911-9281 / 911-0488
Fax:+63(2) 911 6213
osnd@philonline.com
Hon.
Raul M. Gonzalez
Secretary, Department of Justice
Padre Faura St., Manila
Direct Line
521-8344; 5213721
Trunkline 523-84-81 loc.214
Fax: (+632) 521-1614
Email sad@doj.gov.ph
Chairperson, Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue
Diliman, Quezon City
Philippines
Fax: (+632) 929 0102
Email: drpvq@chr.gov.ph
Please send us a copy of your email/mail/fax to the said government official to our address below.
URGENT ACTION Prepared by:
KARAPATAN (Alliance for the Advancement of People's Rights)-National Office
34 Maamo St. Sikatuna Village, Quezon City 1100 PHILIPPINES
Voice/Fax: (+632) 435 4146
Emails: <karapatan@tri-isys.com > / karapatan@edsamail.com.ph / karapatan.pid@gmail.com
Website: www.karapatan.org