Letter from Sr. Añover on Camiguin Arrest Incident involving 42 Families
November 1, 2008
This is the letter or Information sheet I got from Sr. M. Francis Añover
Victims : forty-two (42) families
Case : a criminal case of illegal occupancy in Mantigue Island
A family (Pedro,Felipa,Maria Luz,Danilo) was served a warrant of arrest August 8, 2008 but posted bail a bond of Php4,000./person for their release. Of the 3 children one was dead already a year ago (Gaspar) but still included in the warrant of arrest.
There are 24 families residing in the island with pending warrants of arrest from the municipal government of Mahinog.
Background:
The 4.4 hectare Mantigue island is part of the municipality of Mahinog. It was occupied by migrants from Bohol in the early 1950’s. The oldest occupant is Luisa Pladias who is 89 years old. Their means of living to support their families is by fishing, growing seaweeds(guso), and getting seashells. A family has a generator to supply electricity to some families from 6 to 9pm only. At the beginning there were just few families but they grew through the years. Of late there are forty-two(42) households with about three hundred (300) population in Mantigue Island. A Kagawad resides in the island. Julito Portrias is the current Kagawad, but his father Teofilo Portrias was also a former Kagawad in the island.
A complete elementary school (Grades 1 to 6) is found in the island, but the teachers come from Mahinog who come to the island early Monday and leaves Friday afternoon. There exist a Catholic chapel named in honor of their patron saint Our Mother of Perpetual Help, as it is part of the St. Michael Parish of Mahinog.
In 1987 then DENR Secretary Fulgencio Facturan Jr. declared the island as alienable and disposable land and therefore it is fit for titling or ownership. In March 16,1998 DENR Secretary Victor Ramos issued Administrative Order 98-13 reverting Mantigue Island’s category to forest land.
The local government unit of Mahinog together with the provincial government of Camiguin are hell bent to make Mantigue island a tourist destination, as it is part of the master tourism plan of the province to be a top eco-tourism destination. Hence they considered the residents of the island as illegal occupants, offered them a relocation site in Brgy. San Roque, with each family to be given a sack of rice, plus five thousand pesos (Php 5,000.-) and a 10 day carpenter assistance. For families who will opt to transfer outside the relocation site each family will be given Php 10,000. The affected families will be provided livelihood assistance. The local government of Mahinog has allocated Php 400,000.- for said relocation project. (source: flyer prepared by Jorie C. Valcorza PIA MisOr)
However in an interview with the victims revealed : that only a half sack rice was given to each family of the 8 families who volunteered to leave the island and went to the relocation site, and only five (5) days carpenter assistance, contrary to the promise of a sack of rice, and 10-day carpenter assistance. Hence the families who volunteered felt they were duped, in fact some of them went back to the island and are staying with their relatives. Due to fear of receiving a warrant of arrest, there are seven (7) more families who volunteered to leave but are still there in the island waiting for their relocation and assistance.
What is inspiring is the unified stand of the 24 families with warrant of arrest who expressed their resistance to leave the island. They said they will not leave because the island is their source of livelihood, most of them were born there, established relationships with people and with nature. They also found out that in the relocation site there are no livelihood opportunities for them. Hence the families who were relocated first are still going back and forth to the island to look for livelihood opportunities to support their families.
Stop the eviction of the families in Mantigue Island. Provide livelihood opportunities !
————-
Fact Sheet
Date : October 29, 2008
Case : Arrest, Harassment
Victims : 42 adults & 22 children from Mantigue Island
Perpetrators : Mahinog Police Force led by the Chief of Police & CVOs
Incident :
At about 2 am residents of the island were awakened when they heard a motor boat that docked, and when they peeped from their windows, they saw a group of uniformed policemen. They dispersed themselves around the island, then at 4am another motorboat of the Task Force Bantay Dagat docked with another group of uniformed policemen accompanied by ten (10) CVOs from Mahinog. At about 6am the big Bantay Dagat boat arrived at the island with another group of policemen with another 10 CVOs. All in all twenty-two (22) policemen surrounded the houses of the residents. Their leader was the Chief of Police Bryan Inojaldo; his companions : SPO Allan Estrobo, SPO Silverio Galacio,SPO Joey Labadan, SPO Zagado, SPO Tabamo, SPO Tagaylo, SPO Linaban, SPO Flores, a policewoman and the rest of the police force, the residents couldn’t identify their names. They went from one house to another to serve the warrant, inviting them to go with them in the three boats, as they will be brought to the office of the judge. At first they resisted, but due to fear they brought along their infants, toddlers, clothes placed in plastic bags, some brought bed sheets, mats, thermos bottle containing hot water for their infants being bottle fed, etc. Others did not bring anything, just the clothes being worn. Some families left their adolescent children to take care of their house in their absence, but some have nobody left in their abode. Three(3) policemen were left in the island, the rest accompanied the arrested island residents.
At about 10am the Bantay Dagat big boat arrived at the Benoni pier, a police car already waited, and the arrested residents were brought to the municipal gymnasium. Five (5) policemen controlled the gate of the gymnasium keeping eye on the arrested residents. An employee from the Municipal DSWD got in to list down the under age children of the arrested residents. The arrested residents were hungry, hoping the policemen will give them lunch. But until 1:30pm no sign that they will be given food, so a relative of one of the arrested was generous enough to bring them cooked rice, and another generous person bought “ginamos” to go with the cooked rice. What was disturbing was the presence of a suspicious frail adolescent guy about 15 years of age, who kept taking pictures, and when asked who he was and who asked him to do it, he readily answered the Chief of Police requested him to do it, that he was a prisoner, and his name – Marvin Babia. After my interrogation, he never showed himself, instead a policeman held the camera.
Another policeman told them to transfer to the Senior Citizen’s Building as the gymnasium will be used for a program at 1 pm. Upon arrival to the said building, they found out, it was so small to accommodate the big group. The unanimous decision of the group was to stay at the street, until the judge decides to release them as promised.
Brief Background
October 28, 2008 at 2:30pm Sr.M. Francis Añover,RSM filed a document entitled Motion for Bail on Recognizance to the office of the Municipal Judge of Mahinog. It was stamped received and signed by the clerk. That document was also signed with No Objection by the Provincial Prosecutor Alma Concepcion Parreno of the Bulwagan Ng Katarungan Mambajao on the same date.
It was explained by the judge to Sr.M. Francis that once the Motion for Bail on Recognizance will be signed with No Objection by the Provincial Prosecutor he will take that into consideration, will lift the financial bail of the accused, and the warrant of arrest will not be served anymore. That good news was relayed to the Mantigue residents by Sr.M. Francis. Hence it was a big surprise why they were arrested. Again when Sr.M. Francis asked the judge October 29 at 10:30am in his office, his reply was the Motion …. should have contained Teofilo Portrias et als (plural) and that the criminal case numbers from 2074-2099 should have been mentioned to include all the accused and their cases. Immediately the group’s lawyer was informed to do it, or else they will not be released. The lawyer who resides in Cagayan de Oro then decided to see his clients and meet the judge. As of this writing no updates yet .
Five residents of Mantigue approached the office of Sr.M. Francis Añover,RSM of Fatima College of Camiguin seeking help for their plight, only to discover that some of them have sent their children to FCC to study and have finished a college course. Some of them (especially their faces/countenance) have been familiar to Sr.M. Francis as they are vendors of sea shells, seaweeds known as guso and fish in Mambajao where she sometimes accompany the convent girls to buy at the market.
by: Sr.M. Francis Añover,RSM
5:00pm
October 29, 2008
—————–
Fact Sheet
Victims : forty-two (42) families
Case : a criminal case of illegal occupancy in Mantigue Island
A family (Pedro,Felipa,Maria Luz,Danilo) was served a warrant of arrest August 8, 2008 but posted bail a bond of Php4,000./person for their release. Of the 3 children one was dead already a year ago (Gaspar) but still included in the warrant of arrest.
There are 24 families residing in the island with pending warrants of arrest from the municipal government of Mahinog.
Background:
The 4.4 hectare Mantigue island is part of the municipality of Mahinog. It was occupied by migrants from Bohol in the early 1950’s. The oldest occupant is Luisa Pladias who is 89 years old. Their means of living to support their families is by fishing, growing seaweeds(guso), and getting seashells. A family has a generator to supply electricity to some families from 6 to 9pm only. At the beginning there were just few families but they grew through the years. Of late there are forty-two(42) households with about three hundred (300) population in Mantigue Island. A Kagawad resides in the island. Julito Portrias is the current Kagawad, but his father Teofilo Portrias was also a former Kagawad in the island.
A complete elementary school (Grades 1 to 6) is found in the island, but the teachers come from Mahinog who come to the island early Monday and leaves Friday afternoon. There exist a Catholic chapel named in honor of their patron saint Our Mother of Perpetual Help, as it is part of the St. Michael Parish of Mahinog.
In 1987 then DENR Secretary Fulgencio Facturan Jr. declared the island as alienable and disposable land and therefore it is fit for titling or ownership. In March 16,1998 DENR Secretary Victor Ramos issued Administrative Order 98-13 reverting Mantigue Island’s category to forest land.
The local government unit of Mahinog together with the provincial government of Camiguin are hell bent to make Mantigue island a tourist destination, as it is part of the master tourism plan of the province to be a top eco-tourism destination. Hence they considered the residents of the island as illegal occupants, offered them a relocation site in Brgy. San Roque, with each family to be given a sack of rice, plus five thousand pesos (Php 5,000.-) and a 10 day carpenter assistance. For families who will opt to transfer outside the relocation site each family will be given Php 10,000. The affected families will be provided livelihood assistance. The local government of Mahinog has allocated Php 400,000.- for said relocation project. (source: flyer prepared by Jorie C. Valcorza PIA MisOr)
However in an interview with the victims revealed : that only a half sack rice was given to each family of the 8 families who volunteered to leave the island and went to the relocation site, and only five (5) days carpenter assistance, contrary to the promise of a sack of rice, and 10-day carpenter assistance. Hence the families who volunteered felt they were duped, in fact some of them went back to the island and are staying with their relatives. Due to fear of receiving a warrant of arrest, there are seven (7) more families who volunteered to leave but are still there in the island waiting for their relocation and assistance.
What is inspiring is the unified stand of the 24 families with warrant of arrest who expressed their resistance to leave the island. They said they will not leave because the island is their source of livelihood, most of them were born there, established relationships with people and with nature. They also found out that in the relocation site there are no livelihood opportunities for them. Hence the families who were relocated first are still going back and forth to the island to look for livelihood opportunities to support their families.
Stop the eviction of the families in Mantigue Island. Provide livelihood opportunities !
by: Sr.M. Francis Añover,RSM
5:00pm
October 29, 2008
==============
Mantigue residents (among the 24 families with warrant of arrest ) present during the interview August 31, 2008 @ 9am RSM Convent Mahinog, Camiguin
1.
Mrs. Conchita Saturos 52 yrs. old /husband Cirilo 54 yrs old with 9 children
2.
Alfredo Portrias 55 yrs. old
3.
Mila –wife of Alfredo Portrias 52 yrs. old with 6 children
4.
Yolanda Portrias 50 yrs. old/Alfonso –husband with 6 children
5.
Hazel Portrias 17 yrs. old daughter of Alfredo & Mila
================
Volunteered to leave Mantigue Island received 5,000 pesos, half sack rice & 5 day carpenter assistance
1.
Benjamin Portrias now living in Litikan San Roque
2.
Bonifacio Pabillore
3.
Vicente Umbria
4.
Jeffrey Ballado
5.
Jovito Portrias
6.
Leoanrdo Pabillore
7.
Peter Pabillore
8.
Pablo Portabis
Documented by: Sr.M. Francis Añover,RSM
Document sent to * www.bulatlat.com (Aug. 31)
Republic of the Philippines
Municipal Circuit Court
Mahinog & Guinsiliban
Mahinog, Camiguin
People of the Philippines CRIM. CASE no. 2067
Plaintiff
vs.
Pedro Portrias,Felipa Portrias For: Violation of Section 69
Danilo Portrias, Maria Luz Portrias Presidential Decree No. 1559
Gaspar Portrias
Accused,
x……………………../
MOTION TO CONDUCT PRELIMINARY INVESTIGATION
COMES NOW, Accused through counsel unto the Honorable Court most respectfully move:
1.
That accused in this case were charged for violation of Sec. 69 of Presidential Decree No. 1559 as amended.
2.
That in the said law it provides in “Sec. 53 Criminal prosecution –Kaingeros, squatters, cultural minorities and other occupants who entered into forest lands and grazing lands before May 19, 1975, without permit or authority , shall not be prosecuted; provided that they do not increase their clearing; provided further that they undertake, within two(2) months from notice thereof the activities to be imposed upon calculated to conserve and protect forest resources in the area; Provided finally, the kaingeros, squatters, cultural minorities and other occupants shall whenever the best land use of the area so demands as determined by the Director, be ejected and relocated to the nearest accessible government resettlement area.”
3.
That in the instant case the accused where occupants of the area as early 1968 as evidence by the affidavit of former Municipal Mayor of Mahinog and forest occupancy survey note conducted by the employee of Bureau of Forest development marked as Annex “A”B” respectively;
4.
That the affidavit of the former mayor will show and proved that the people of Mantigue where authorized to stay and occupy in the area hence their stay is not illegal;
5.
That the alleged demand to vacate was not received by the herein accused;
6.
That in the instance case it is clear that there is no provable cause to the crime charged;
WHEREFORE PREMISES CONSIDERED, it is respectfully prayed to the Honorable Court, in the interest of justice to conduct the preliminary investigation in the instant case and on the subsequent cases filed by the Provincial Prosecutor’s Office.
Other relief are also prayed for under the circumstances.
Cagayan de Oro City, for Mahinog, Camiguin, August 22, 2008.
BANAAG LAW OFFICE
2ND Flr. GPL Banaag Bldg.
Pabayo Gomez Street
Cagayan de Oro City
By:
ATTY. GIL U. BANAL
Counsel for the Accused
PTR NO. 1665709 12-27-07
IBP NO. 706105 11-14-07
ROLL NO. 37946
MCLE No. II-0009141
NOTICE OF HEARING
THE CLERK OF COURT
Municipal Circuit Court
of Mahinog & Guinsiliban
Mahinog, Camiguin
GREETINGS:
Please take notice that the undersigned counsel will submit the foregoing motion for the Approval of the Honorable Court upon receipt hereof.
Sgd. ATTY. GIL U. BANAAG
CC:
ATTY. ALMA CONCEPCION M. PARRENO
Provincial Prosecutor’s Office
Mambajao, Camiguin Province
Stamped Received by the Provincial Prosecutor’s Office
Mambajao, Camiguin
8-26-08
====================================================
REPUBLIC OF THE PHILIPPINES Annex A
Municipality of Mahinog
Province of Camiguin
AFFIDAVIT
I, FELIPE G. KHO, of legal age, Filipino, married, and a resident of San Roque, Mahinog, Camiguin, after having been duly sworn to in accordance with law do herby depose say;
1.
That I was the Municipal Mayor of Mahinog, Camiguin for eighteen (18) consecutive years from 1968-1986.
2.
That sometime in 1968, I authorized a group of Boholanos headed by the late Ariston Sagarino, Florencio Portrias and Alfonso Portrias Sr. with Teofilo Portrias Sr. to occupy a portion of the island of Mantigue, this municipality.
3.
That in all baranggay political exercise, a resident of the island is always represented in baranggay San Roque, Mahinog as an elected official.
4.
That I executed this affidavit to attest the foregoing facts.
IN WITNESS HEREOF, I have hereunto affixed my signature this 5th day of March, 2008 at San Roque Mahinog.
Sgd. FELIPE KHO
Affiant
SUBSCRIBED AND SWORN to before me this 5th day of March 2008 in Cagayan de Oro City.
Sgd. ROSWALD JOSEPH J. PAGUE
Notary Public
PTR No. 1651839 9-11-08
IBP No. 708329 9-11-2008
TIN No. 926-988-168
Doc. No. 17
Page No. 4
Book No. 01
Series of 2008
Annex B
Republic of the Philippines
Ministry of Natural Resources
Bureau of Forest Development
Region x_ District No. 5_ Station _Mambajao_ Control Sector No._____
FOREST OCCUPANCY SURVEY
A. PERSONAL RECORD C. HOUSEHOLD FAMILY COMPOSITION
1. Name : Teofilo L. Portrias Name Relation Age Sex
2. Date of Birth March 5, 1941 Josephine daughter 19 F
3. Place of Birth Sondol, Loon Bohol Teofilo Jr. son 17 M
4. Sex – M Status Married Gemma daughter 15 F
5. Educational Attainment Julito son 13 M
Elementary Graduate Jovelin daughter 11 F
6. Ethnic Group – Boholano Jessel daughter 9 F
7. Actual Residence Joel son 7 M
8. Occupation –Fisherman Jacqueline daughter 4 F
9. Annual Income – Php 1,500.-
10. Other sources of income___
B. INFORMATION ON LAND OCCUPIED D. MEMBERSHIP IN ORGANIZATIONS
1. Location Mantigue, Mahinog 1. Do you plan to stay here permanently?
2. Camiguin __/__Yes ____No
3. Approximate area occupied______ 2. Are you willing to be resettled?
since 1965 _____Yes __/_No
4. Existing land use: timberland 3. State the reasons for unwillingness to be
5. Data of occupancy _______ resettled – I have learned to love the place
6. House : _/_ Permanent
___ Temporary E. What do you wish the government should
do to help you? That we will not be
7. Group Area No. Status
______ _______ ______ F. REMARKS
______ _______ ______ ________________________________
______ _______ ______ ________________________________
8.Other land ownership
Area:____ Location Loon, Bohol
I hereby certify the above statement as I hereby certify that I personally conducted
true and sworn freely declared by the the interview of the forest occupants referred
undersigned. to on July 23, 1985.
Sgd. Teofilo Portrias Sgd. Miguel A. Jaquilmac
Forest Guard
Witnessed by:
Sgd. Luciano A. Padilla
Municipal Councilor
Republic of the Philippines
Municipal Circuit Trial Court
Of Mahinog & Guinsiliban
Mahinog, Camiguin
People of the Philippines Crim. Case No. 2078
Plaintiff
Versus For:
Teofilo Portrias Violation of Section 69
Alfonso Portrias et.al of Presidential Decree 1559
Accused
x………………./
URGENT MOTION FOR BAIL ON RECOGNIZANCE
COMES NOW, Accused through counsel unto the Honorable Court most respectfully move
1.
That the bail bond recommended for the temporary liberty of each accused is P 1,000;
2.
That pursuant to Sec. 1 Rule 114 of Rules of Court, on Bail, it may be in the form of corporate security, property bond, cash deposit or recognizance;
3.
In view of the fact that several accused are involved in this case and most of them are indigents it is respectfully prayed that they be bail on recognizance by Sr.M. Francis Añover,RSM
4.
That accused in thsic ase promised to the Court that they will attend every hearing of this case;
WHEREFORE PREMISED CONSIDERED, it is respectfully prayed to the Honorable Court that all the accused be bail in recognizance by Sr.M. Francis Añover,RSM
Other relief are also prayed for under the circumstances.
Cagayan de Oro City for Mahinog Camiguin October 27, 2008
BANAAG LAW OFFICE
Counsel for Accused
2nd Floor GPL Banaag Bldg.
Pabayo Gomez St. Cagayan de Oro City
By:
ATTY. GIL U. BANAAG
IBP OR No. 706105(12-14-07) Misamis Oriental Chapter
PTR No. 1665701 (12-27-07 CDO
MCLE No. 11-0009141
NOTICE OF HEARING
Clerk of Court
MCTC – Mahinog-Guinsiliban
Mahinog, Camiguin
Greetings !
Please take notice that the undersigned counsel unto the Honorable Court submit this Urgent Motion for Bail on Recognizance for the consideration of the Honorable Court upon receipt thereof.
Sgd. Atty. Gil U. Banaag
cc: No objection ( handwriting)
Sgd. Atty Alma Concepcion M. Parreno
Provincial Prosecutor
Mambajao, Camiguin
Stamped received dated 10-28-2008 Stamped Received by the MCTC
By the Provincial Prosecutor Mahinog-Guinsiliban Court
10-28-2008 @ 2:30p.m.
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[...] This is the letter or Information sheet I got from Sr. M. Francis Añover Victims : forty-two (42) families Case : a criminal case of illegal occupancy in Mantigue Island A family (Pedro,Felipa,Maria Luz,Danilo) was served a warrant of arrest August 8, 2008 but posted bail a bond of Php4,000./person for their release. Of the 3 children one was dead already a year ago (Gaspar) but still included in the warrant of arrest. There are 24 families residing in the island with pending warrants of Bail Bond News [...]
[...] This is the letter or Information sheet I got from Sr. M. Francis Añover Victims : forty-two (42) families Case : a criminal case of illegal occupancy in Mantigue Island A family (Pedro,Felipa,Maria Luz,Danilo) was served a warrant of arrest August 8, 2008 but posted bail a bond of Php4,000./person for their release. Of the 3 children one was dead already a year ago (Gaspar) but still included in the warrant of arrest. There are 24 families residing in the island with pending warrants of Bail Bond News [...]
[...] This is the letter or Information sheet I got from Sr. M. Francis Añover Victims : forty-two (42) families Case : a criminal case of illegal occupancy in Mantigue Island A family (Pedro,Felipa,Maria Luz,Danilo) was served a warrant of arrest August 8, 2008 but posted bail a bond of Php4,000./person for their release. Of the 3 children one was dead already a year ago (Gaspar) but still included in the warrant of arrest. There are 24 families residing in the island with pending warrants of Bail Bond News [...]
[...] This is the letter or Information sheet I got from Sr. M. Francis Añover Victims : forty-two (42) families Case : a criminal case of illegal occupancy in Mantigue Island A family (Pedro,Felipa,Maria Luz,Danilo) was served a warrant of arrest August 8, 2008 but posted bail a bond of Php4,000./person for their release. Of the 3 children one was dead already a year ago (Gaspar) but still included in the warrant of arrest. There are 24 families residing in the island with pending warrants of Bail Bond News [...]
[...] This is the letter or Information sheet I got from Sr. M. Francis Añover Victims : forty-two (42) families Case : a criminal case of illegal occupancy in Mantigue Island A family (Pedro,Felipa,Maria Luz,Danilo) was served a warrant of arrest August 8, 2008 but posted bail a bond of Php4,000./person for their release. Of the 3 children one was dead already a year ago (Gaspar) but still included in the warrant of arrest. There are 24 families residing in the island with pending warrants of Bail Bond News [...]