Writ of Amparo and TVIRD


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Writ of Amparo and TVIRD

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.

Published in: Education, Business
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Writ of Amparo and TVIRD

  1. 1. 1 Petition for Amparo
  2. 2. PETITION PETITIONERS, through undersigned counsel, and untothis Honorable Court of Appeals, most respectfully averTHAT: PREFATORY STATEMENT 1. This 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. 2. The respondents are presently executing a planwhich they themselves have conceptualized and named as,“OPLAN BONGKAG” (Operation Destruction) and “PLAN-X”.This is a systematic and company-planned operation to endthe life, eliminate, and/or liquidate herein petitioners andtheir immediate families. Petitioners have known of theseplans through series of electronic mails or e-mail exchangesbetween certain officers of respondent TVI ResourceDevelopment Philippines Inc. (“TVIRD” for brevity), coupledby constant surveillance on petitioners’ whereabouts by 2 Petition for Amparo
  3. 3. unknown and suspicious-looking and behaving men whowere riding motorcycle, tailing them on their travels, andloitering in front of their homes and places of work at SitioBalabag, Depore, Bayog, Zamboanga del Sur or at theirrespective immediate relatives’ residence. Petitioners havebeen receiving actual threat messages in their cellularphones. PARTIES 3. Petitioners ARANDY “RANDY” D. SILVA, ROSELYNV. SILVA, EDGAR T. BALING, DENNIS B. PAQUIT, JOELE. CAYABYAB and ALEX “LEK” A. CABUG-OS, are membersof the thriving community at Sitio Balabag, Depore, Bayog,Zamboanga del Sur. The community in Sitio Balabag,Depore, Bayog, Zamboanga del Sur consists of the Subanenand settlers who subsist on farming, wood gathering, andsmall time or small-scale mining activities. OtherPetitioners, JULIETO “GIGING” L. MONDING, member ofSangguniang Bayan of Bayog, Zamboanga del Sur, andbroadcaster, JOSELITO A. PEDRANO. For purposes of thispetition, notices, orders and other processes of theHonorable Court of Appeals may be served through the 3 Petition for Amparo
  4. 4. preferred address provided by undersigned counsel in thispetition. 4. Individual respondents EUGENE T. MATEO, JOHNRIDSDEL, 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, MARLOUCORANEZ are corporate officers and agents of TVIRD, acorporation registered under the laws and Constitution ofthe Republic of the Philippines, and operating therein whichcan be sued. Its business address is at 22nd Floor, EquitablePCI Bank Tower, 8751 Paseo de Roxas, Makati City, MetroManila, where they can be served with subpoenas, notices,orders and other processes of this Honorable Court ofAppeals. TVIRD is the Philippine affiliate of TVI PACIFICINC., a Canadian-owned entity, headed by its Chairman ofthe Board, Clifford James. TVI PACIFIC INC. is asubstantial 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 4 Petition for Amparo
  5. 5. 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 the5 Petition for Amparo
  6. 6. 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.6 Petition for Amparo
  7. 7. 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 employed7 Petition for Amparo
  8. 8. 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 respondent8 Petition for Amparo
  9. 9. 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 forService of Summons/Orders/Notices of the Honorable Courtof Appeals 5. Respondents EUGENE T. MATEO, JOHN B.RIDSDEL, YULO PEREZ, ROBERT JAY NELSON, RENNESUBIDO, LUIS JOVITO A. SANTOS JR., RENE DE OCAMPO,MARLOU CORANEZ, and EMMANUEL S. CAYTON may beserved with summons and/or notices and orders of thisHonorable Court of Appeals at 22nd Floor, Equitable PCI 9 Petition for Amparo
  10. 10. Bank Tower, 8751 Paseo de Roxas, Makati City, MetroManila. 6. Respondents PAUL VINCENT ARIAS, VALENTINOEDANG, the BLUE GUARDS, CIPRIANO BAYAN, and SpecialCivilian Active Auxiliaries (SCAA) may be served withsummons and/or notices and orders from this HonorableCourt 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 municipalmayor of Bayog, Zamboanga del Sur. He is herein impleadedas having closed association with the named privaterespondents, executives and officers of TVIRD. MayorBabasa has knowledge and approved the plan of liquidationand/or attack on petitioners based on the discloseddocuments in this petition. He may be served withsummons 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 incumbentGovernor of Zamboanga del Sur. He is here impleaded as 10 Petition for Amparo
  11. 11. having close association with the respondents TVIRD’scorporate officers and executives. He has actual and directknowledge so that he approved the plan of liquidationand/or attack on petitioners based on the discloseddocuments in this petition. He may be served withsummons at the Office of the Provincial Governor, CapitolCompound, Pagadian City. As an incumbent highest publicofficial in the province, he has vast influence and controlover certain line agencies of Zamboanga del Sur provincialgovernment and, to a certain extent, latent influence inother government offices, as well as judicial and quasi-judicial bodies therein. FACTS RELEVANT and MATERIAL FOR THE ISSUANCE OF WRIT OF AMPAROA peaceful and abundant community 9. Sitio Balabag, Barangay Depore, Bayog, Zamboangadel Sur is occupied and claimed by the Subanen, a group ofindigenous people (IPs) in Zamboanga del Sur as theirancestral domain. They are in the process of acquiring titleor Certificate of Ancestral Domain Title (CADT) over thissame area. 11 Petition for Amparo
  12. 12. 10. In their assertion for self-determination, and theirright to development, they are now formulating theirdevelopment plan which includes the identification ofresources. Very important and valuable natural resourcewhich their ancestral domain has is the rich mineraldeposits which make a foreign-national corporation doingbusiness in the Philippines very interested in the area.Respondent TVIRDP is interested in the ancestral domain inSitio Balabag, Depore, Bayog, Zamboanga del Sur. 11. The foreigners have no place in the ancestraldomain of the Subanen in Balabag, Depore, Bayog,Zamboanga del Sur as the Subanen are enjoying theirmineral-rich home. Subanen and the settlers haveharmonious relationship since 1980s until at present sothat they are in partnership for the development of theirmineral-rich ancestral domain. Small-scale mining activitieshave been conducted in Sitio Balabag, Depore, BayogZamboanga 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 12 Petition for Amparo
  13. 13. noteworthy Filipino settlers in the mineral-rich ancestraldomain of the Subanen as they are now the subject of planof liquidation and operation of annihilation by the foreigncompany, TVIRD. 13. Meanwhile, in 1997, the thriving communities inSitio Balabag, Depore, Bayog, Zamboanga del Sur formed anon-stock, nonprofit association by the name of Monte deOro Small Scale Miners Association (“MOSSMA,” for brevity).This is organized to give the community of Subanen andsettlers a legal personality. MOSSMA is a duly organizedcorporation under Philippine Constitution and laws, withSEC 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 ofMOSSMA. 14. This year, on 28 February 2012, MOSSMAopposed the Mineral Production Sharing Agreement (MPSA)of the TVIRD by filing a Petition 1 . They wanted to assertthat their area should be declared as people’s small-scalemining area (PSSMA) or Minahang Bayan pursuant toRepublic Act 7076, to benefit Filipinos as preferred by the1 ANNEX “A” 13 Petition for Amparo
  14. 14. 1987 Philippine Constitution. Likewise, the Subanen issueda declaration on NO Free and Prior Informed Consent (FPIC)to prevent TVIRD from conducting mining operations intheir ancestral domain. 15. In this harmonious relationship of the Subanenand the settlers in Balabag, Depore, Bayog, Zamboanga delSur, TVIRD should forcibly drive them away from their areaso that the latter can exploit the mineral-rich land, andbring a large profit to their own country, leaving Filipinoswith nothing but denuded land, silted river and displacedfarmers and indigenous people. 16. The small-scale mining activities of the Subanenand the settlers are dispensable obstacle to Respondents’TVIRD time-bound objective of occupying the area in SitioBalabag, Depore, Bayog, Zamboanga del Sur, so that theyare now resorting to various forms of violence, harassmentsand clandestine schemes directed at extra-judiciallyeliminating and/or liquidating members of local community,individuals and organizations as well as small-scale miningactivities, at all costs and at all means. The Respondents’plan of annihilation should also include the community’s 14 Petition for Amparo
  15. 15. friend from the media and the Sangguniang Bayan whostrongly oppose as well as staunch advocates of anti-large-scale mining by TVIRD. 17. Obviously, TVIRD executives are under pressureby foreign investors to fast track their large scale miningoperations and even to disregard fundamental human rightsto life, property, and liberty by whatever means andaccording to their own terms only.The Continuous Surveillance andActual Threats to life and property onthe Petitioners. 18. Since February 2012 until at present, thePetitioners have been experiencing constant harassmentsand actual threats on their lives after MOSSMA filed apetition on 28 February 2012 to declare areas in SitioBalabag, Depore, Bayog, Zamboanga del Sur a MinahangBayan pursuant to RA 7076. Their assertion to declare themining areas in Sitio Balabag, Depore, Bayog, Zamboangadel Sur as people’s small-scale mining area dates back evenprior to August 1, 1987. 15 Petition for Amparo
  16. 16. 19. In particular, the circumstance of threats andsurveillance 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 16 Petition for Amparo
  17. 17. 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. For17 Petition for Amparo
  18. 18. 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 our2 This is also similarly attached in the affidavit of ROSELYN V. SILVA asANNEX “B-ROSE SILVA” 18 Petition for Amparo
  19. 19. 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 message 3 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 and3 For reference, see attachment in the Affidavit of Joel E.Cayabyab. 19 Petition for Amparo
  20. 20. 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 20 Petition for Amparo
  21. 21. 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 21 Petition for Amparo
  22. 22. 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 22 Petition for Amparo
  23. 23. 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 and23 Petition for Amparo
  24. 24. 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, disturbingthe peace and order, and creating scenarios in Balabag areaand justify the deployment of military, CAFGU/SpecialCivilian 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 tocontinue their livelihood activities and earn for theirsustenance. Ultimately, it aims to destroy the existingoccupation of the local indigenous communities and localsettlers in their present areas of occupation in Sitio Balabag,Depore, Bayog, Zamboanga del Sur. The military and/orinter-agency tasked force stationed in the area would thenbe eventually replaced by heavily armed TVIRD private armycalled Blue Guards. 21. The present threats to the petitioners can betraced to TVIRD’s built-up activities in 2011. Earlier in2011, there were several peace and order problems that 24 Petition for Amparo
  25. 25. transpired in Sitio Balabag, Depore, Bayog, Zamboanga delSur. It became apparent to residents of Sitio Balabag,Zamboanga del Sur that Respondent TVIRD has beencreating a chaotic situation, scenarios of all sorts to justifythe deployment of military forces. Photographs of themilitary deployed in the area accompanying the TVIRDequipments is here attached as Annex “S”. 22. A checkpoint was eventually established byRespondent TVIRD and its officers and employees, mannedby the BLUE GUARDS and SCAAs to institutionalize threats,violent aggression, and harassments to communitymembers, persons and local community leaders. It was asystematic annihilation of community members in Balabagarea to give way to the large-scale, destructive, miningoperations of TVIRD. 23. At present, the checkpoint is still existing inBalabag, Depore, Bayog, Zamboanga del Sur, manned byprivately armed Blue Guards of TVIRD, requiring theSubanen and settlers to log-in and log-out in every passagein that checkpoint. This is effectively restraining theirfreedom of movement as well as ingress and egress, violativeof the Constitution. 25 Petition for Amparo
  26. 26. 24. Petitioners later came to know of an OPLANBONGKAG (“Bongkag” meaning in English meaning todestroy) designed by TVIRD executives, specifically, byrespondent Emmanuel Cayton and other ex-military/policeofficials Paul Vincent Arias, Valentino Edang, Nolito Navarroand Cipriano Bayan with the approval of top level TVIRDexecutives. 25. OPLAN BONGKAG was revealed throughdocuments disclosed by former TVIRD employee, hereinPetitioner, Joel E. Cayabyab. During the period of May2011 until his resignation from TVIRD in November 2011.Joel E. Cayabyab was present, on official function, to anumber of meetings attended by retired army officersEMMANUEL CAYTON, VALENTINO EDANG, with some otherex-military/police officers PAUL VINCENT ARIAS, NOLITONAVARRO (TVI Assistant Security Manager) and some activejunior military officers, a certain Lt. GARY MASIDMAN andCAPT. PABICA of the 53rd IB, 1st Division of the PhilippineArmy. The meetings were purposely for the implementationof OPLAN BONGKAG. 26 Petition for Amparo
  27. 27. Attached to this petition are plans and emails ofOPLAN BONGKAG attached herewith as Annex “I” to “L”with sub-markings. The documents are mentioned, theirexistence confirmed in the affidavit of Joel E. Cayabyab.Investigation and failed peace pact 26. On account of the various circumstances ofthreats to the lives and security, as well as harassments tolocal 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 NationalPolice, Zambonga del Sur, Camp Abelon, Pagadian City,requesting for an investigation on the various peace andorder incidents and hoping that TVIRD executives willcome 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 todiscuss the pressing concerns, P/SS WILLIAM TOLOMIAMANZAN conducted an investigation as well as inviteTVIRD executives, corporate officers, and agents to a 27 Petition for Amparo
  28. 28. conference and supposed peace pact. TVIRD executives,corporate officers and agents however did not show up,apparently not interested to cooperate in the investigationand pursue a peaceful dialogue. 28. On May 2012 and up to this present day, thesurveillance against petitioners intensified and theharassments directed to local civilians in Sitio Balabag,Zamboanga del Sur worsened.OPLAN-X 29. The serious threats to petitioners’ lives and safetybecame even more apparent. Recently, in May 2012,petitioners learned and came to know of an activation of asystematic 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, JOELCAYABYAB and ALEX “LEK” CABUG-OS and localbroadcast journalist JOSELITO A. PEDRANO. 30. The said plot and other information was revealedthrough series of email exchanges and communications byTVIRD insiders who were privy to these communications 28 Petition for Amparo
  29. 29. and, at that time, burdened by their conscience. TheseTVIRD insiders were Engr. Danilo Halago, Project Engineer,and Paolo Dizon, Cost Controller for Balabag project ofTVIRD. The series of TVIRD email communications werediscreetly given to petitioner Joel E. Cayabyab out ofconcern for his safety, he being former colleague of DaniloHalago and Paolo Dizon at TVIRD prior to 2011. (Seeattached affidavit of Joel Cayabyab). 31. One email communication dated May 16, 2012 byPaul Vincent Arias was sent to TVIRD top level officers andstaff, including Yulo Perez, Valentino Edang, Nolito Navarro,Paul Cipriano Bayan, Rene Subido, Frank Castro, RichardAbaday, Paolo Dizon, Marlou Coranez. This email, amongothers, was passed and contained under thetvipacific.com.ph email account, specifically, frompaul.arias@tvipacific.com.ph to yulo.perez@tvipacific.com.phand emmanuel.cayton@tvipacific.com.ph with copyfurnished 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 is ACTIVATED ONWARDS] 29 Petition for Amparo
  30. 30. 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. Yulo30 Petition for Amparo
  31. 31. The above email communication is hereto attachedas Annex “N” dated May 16, 2012, likewise made as anattachment in the affidavit of Joel E. Cayabyab. 32. The disclosed TVIRD email communicationsrevealed that petitioners have been in constant surveillancesince March 2012 under a planned “Silent Attack.” Oneemail communication, dated March 26, 2012, reads:Emmanuel Cayton emmanuel.cayton@tvipacific.com.ph Mar 26 2012to Yulo Perez, Valentino Edang, Nerissa Corilla, Paul Arias, LulieMicabaloJericho 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. 32. nonongYulo Perez yulo.perez@tvipacific.com.ph Mar 26 2012to Emmanuel Cayton, Valentino Edang, Jericho Gamelo, NerissaCorilla, Paul Arias,LulieMicabalo, Frank Castro, DaniloHalago, Paolo Dizon, MarlouCoranezNong, report immediately after your meeting with gov.cerilles. I will also maneuver tocontrol cliff and Eugene and ensure they will not know about the attack. We need toact as fast as we can before the ssm can calculate our moves.Yulo The above email communication is hereto attachedas Annex “O”, likewise made as an attachment in theaffidavit of Joel E. Cayabyab. 33. Another e-mail by Yulo Perez to EmmanuelCayton, Paul Vincent Arias dated May 5, 2012 e-mailreads: Yulo Perez <yulo.perez@tvipacific.com.ph> Sat, May 5, 2012 at 1:56 PM To: Emmanuel Cayton <emmanuel.cayton@tvipacific.com.p> Paul Vincent 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 32 Petition for Amparo
  33. 33. The above email is attached herewith as ANNEX “P,”likewise made as one the attachment in the affidavit of JoelE. Cayabyab. 34. Petitioners later learned that “CN-GAC” in theemails 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, publicrespondent Gov. Cerilles had known of the plan to liquidatepetitioners and approved the same. This is apparent in thefollowing email dated March 29, 2012:SILENT ATTACK STATUSYulo Perez yulo.perez@tvipacific.com.ph Mar 29 2012to 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. 34. 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 heretoattached as ANNEX “Q” and likewise attached in theaffidavit of Joel E. Cayabyab. 35. In the course of the leaking of the e-mails to someof petitioners, those who learned first had relayed the 34 Petition for Amparo
  35. 35. information to those included. They were mindful, becamecareful of their movements and whereabouts. Likewise,watchful of themselves, trying not to establish a pattern intheir travels to avoid the attack on their lives. 36. Meanwhile, TVIRD executives, especially privaterespondents Yulo Perez, Emmanuel Cayton, ValentinoEdang, and others had sensed of a leakage in theconfidential information. They began an investigation,improved their electronic system of communication, andchecked on their ranks. 37. In April and May 2012, TVIRD insiders, DaniloHalago and Paolo Dizon lie-lowed as contact and becamewary of their safety. They filed a leave of absence fromTVIRD. However, in due time, TVIRD discovered theinvolvement of Danilo Halago and Paolo Dizon in the leakedemails. TVIRD later had gone to go after them as well aspetitioner Joel E. Cayabyab. 38. Subsequently, petitioner Joel E. Cayabyab wasinformed by Paolo Dizon that the latter was returning to thefolds of TVIRD since private respondent Yulo Perez, TVIRD 35 Petition for Amparo
  36. 36. executive, gave Dizon and Danilo Halago huge promises ofrosy future if they would “cooperate” with TVIRD. Yulo Perezalso lured the two informants and that they would not harmthem if they would return to TVIRD. Paolo Dizon later askedpetitioner Joel E. Cayabyab to join TVIRD, and assured thelatter that he (Joel) would receive more than he previouslyreceived as salary, plus bonus, from TVIRD if he will back-out from further revealing the documents and e-mails onOplan Bongkag and PLAN-X against herein petitioners. 39. Presently, or as of the date of this Petition, thesurveillance still persist on the petitioners by an unknownpersons loitering in their respective homes and places ofwork at Sitio Balabag, Depore, Zamboanga del Sur,obviously with some unlawful intent on their lives andsafety. 40. Petitioners are now extremely watchful of theirsurrounding, hiding most of the time inside residences andtransferring from one abode to another. Life is never thesame again for the petitioner, with the incidents outlinedand emphasized in this petition. With the present viciousplan of TVIRD, in cooperation of public government officials, 36 Petition for Amparo
  37. 37. who are local government chief executives, petitioners’ liveshave become unstable and they are now so anxious of theirpersonal as well as their family’s safety. 41. The present circumstances of imminent threats topetitioners’ lives are so serious, actual and imminent that itneeds judicial intervention. The previous attempt ofseeking investigation with the Provincial Commander of thePhilippine National Police, Zamboanga del Sur and supposeddialogue with TVIRD did not give petitioners assurance ofprotection, considering that there are other public officialsinvolved in the contrived plan of TVIRD. 42. The petitioners are constrained to come to thisHonorable Court of Appeals for relief as the respondent highpublic officials have vast influence in Zamboanga del Surand widely known to possess armed goons. TVIRD alsopossess vast economic resources and capacity to conduct asimultaneous operation in liquidating, or to a certain end,annihilation of community members who stand firm fortheir land, home and resources. 37 Petition for Amparo
  38. 38. 43. The issuance of the Writ of Amparo by thisHonorable Court, together with other incidental remediesfrom this Honorable Court of Appeals, shall protect the lives,property and safety of the petitioners. PRAYER WHEREFORE, premises considered, petitioners mostrespectfully and URGENTLY pray of this Honorable Court ofAppeals for the IMMEDIATE issuance of a Writ of Amparo.Likewise to issue an ORDER for the following: 1. COMMANDING Respondent TVIRD, its namedcorporate officers, executives, and all other persons actingfor and in their behalf, under pain of contempt, to cease anddesist from any action and threats, intimidation, andattacks of whatever kind that will harm petitioners hereinand their immediate household, including the conduct ofsurveillance on petitioners and their families; 2. PROHIBITING TVIRD, respondent corporateofficers, its executives, their agents, and all other personsacting for and in their behalf, under pain of contempt, fromthreatening, harassing or inflicting any harm to hereinPetitioners, their immediate family and members of their 38 Petition for Amparo
  39. 39. household, as well as prohibiting TVIRD, its executives,their agents, and all other persons acting for and in theirbehalf, under pain of contempt, from entering petitioners’dwelling and working areas in Sitio Balabag, Depore, andBayog, Zamboanga de Sur; 3. COMMANDING named respondents andrespondent public officials, within a non-extendible period ofseventy-two (72) hours from service of the writ, (1) to file averified written return with supporting affidavits and, underpain of contempt, (2) to cease and desist from threatening,harassing or inflicting any harm to herein Petitioners, theirimmediate family and members of their household, (3) todesist from performing any act inimical to the lives andsafety of petitioners and members of their household,including entering petitioners’ dwelling and working areas inSitio Balabag, Depore, and Bayog, Zamboanga de Sur. 4. COMMANDING and/or DIRECTING the PhilippineNational Police (PNP), the Department of Justice (DOJ), andthe Department of Interior and Local Government (DILG) to(1) immediately give ample security protection andassistance to petitioners and their families and (2) conduct 39 Petition for Amparo
  40. 40. investigation as well as give periodic reports to theHonorable Court on the results of this investigation. 5. COMMANDING and/or DIRECTING the ArmedForces of the Philippines, Philippine Army, thru the 53rdIB, 102nd Brigade, 1st ID “Tabak” Division, to allow freeingress and egress of people at Sitio balabag, Depore, Bayog,Zamboanga del Sur, ensuring unrestricted freedom ofmovement. 6. COMMANDING and/or DIRECTING the PhilippineNational Police (PNP) to dismantle and disallow thecheckpoints manned by TVIRD Blue Guards and SCAA atSitio Balabag, Depore, Bayog, Zamboanga del Sur.Prayer for Temporary Protection Order 7. IN ORDER to ensure the temporary safety and securityof co-petitioners Joel E. Cayabyab and Julieto “Gigging” Monding,whose life and security at this time are extremely in danger, it isrespectfully requested that they be placed under a TemporaryProtection Order of the Witness Protection, Security and BenefitProgram under Department of Justice (DOJ) . Concomitantly, it isurgently prayed that the DOJ be ordered to undertake immediate 40 Petition for Amparo
  41. 41. 41 Petition for Amparo