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Bayan Muna Partylist provincial chairperson & elected Municipal Official shot to death in Aklan, Panay, Philippines

UA No: 2010-07-01

UA Date                     :           6 July 2010

UA Case                     :           Assassination, Violation against Children’s Rights to Protection or

Safety by the State or its Agents, Threat/Harassment/Intimidation

Victim/s                      :           Assassination

Fernando Baldomero

  • 61 years old, male, married with children
  • A resident of Brgy. Sta. Cruz, Biga-a, Lezo, Aklan, Philippines
  • 2nd Termer Municipal Councilor of Lezo, Aklan
  • Provincial Chairperson, Bayan Muna Partylist
  • Provincial Coordinator, Makabayan Coalition-Aklan
  • Member, Society of Ex-detainees for Liberation, against Detention and for Amnesty (SELDA)

Threat/Harassment/Intimidation, Violation against Children’s Rights to Protection or Safety by the State or its Agents

Karl Philip Baldomero

  • 12 years old, male
  • Son of Fernando

Place of Incident        :           Brgy. Estancia, Kalibo, Aklan

Date of Incident         :           July 5, 2010 at around 6:30 AM

Alleged Perpetrator(s):         two unidentified armed men believed to be military elements

Account of the Incident:

At around 6:30 AM, Fernando Baldomero was in front of his rented house in Brgy. Estancia, Kalibo boarding his motorcycle with his 12-year old son on their way to school when two medium built men in

a black motorcycle stopped in front of them.  The backrider who was wearing a black jacket, a helmet and a pair of sunglasses that completely covered his face disembarked, and using a handgun, started shooting the victim at close range in front of his terrified son.  The driver was wearing a white shirt and a pair of denim pants and had no covering over his face.  Witnesses noticed that there was a long firearm at the back of the driver.

Baldomero suffered two gunshot wounds to the head which pierced through his helmet and one to the neck.  The assailants left soon after.  Witnesses even tried to run after them but they drove very fast.  The victim was immediately brought to the Kalibo Provincial Hospital but he was pronounced dead-on-arrival.

Baldomero’s son, Karl Philip, was also immediately brought to the doctor because he was severely traumatized by the incident.

It can be recalled that during the 2010 election campaign period, two men on board a motorcycle with no license plate lobbed grenades at the Baldomero ancestral house in Brgy. Sta. Cruz Biga-a, Lezo, Aklan on 19 March 2010.  One of the grenades landed and exploded in the kitchen located at the rear part of the house, while the other one landed inside the main part of the house where Fernando’s 92-year old father Ramon was preparing feeds for his chicken.  Fortunately, the second grenade did not explode.

In 2005, while Fernando Baldomero served as a barangay (village) councilor in Lezo, he was arrested and detained because the military and the police linked him with a unit of the New People’s Army (NPA) and charged him with the alleged crime committed by the rebel group in Guimbal, Iloilo and San Remigio, Antique.  He was cleared from both charges and was later released.

He was again slapped with two trumped up charges by the military in connection with NPA activities in Tubungan, Iloilo but they two were dismissed at the Provincial Prosecutor level.

Fernando Baldomero was a political detainee in the 80s tagged by the military as a high-ranking official of the NPA.  After his release, he settled in his hometown in Lezo.

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 assassination of Fernando Baldomero, the Violation against Children’s Rights to

Protection or Safety by the State or its Agents and the Threat/Harassment/Intimidation of Karl Philip Baldomero;

  1. The arrest and prosecution of the perpetrators of the above mentioned crime/s;
  1. The military to stop the labeling and targeting of human rights defenders as “members of front organizations of the communists” and “enemies of the state.”
  2. The Philippine Government to withdraw its counterinsurgency program Oplan Bantay Laya (Operation Freedom Watch).

You may send your communications to:

H.E. Benigno C. Aquino III

President of the Republic of the Philippines

Malacañang Palace,

JP Laurel St., San Miguel

Manila, Philippines

Voice: (+632) 564 1451 to 80

Fax: (+632) 742-1641 / 929-3968

E-mail:

Sec. Teresita Quintos-Deles

Presidential Adviser on the Peace Process

Office of the Presidential Adviser on the Peace Process (OPAPP)

7th Floor Agustin Building I

Emerald Avenue

Pasig City 1605

Voice:+63 (2) 636 0701 to 066

Fax:+63 (2) 638 2216

E-Mail Address: osec@opapp.gov.ph

Ret. Lt. Gen. Voltaire T. Gazmin

Secretary, Department of National Defense

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

Email: osnd@philonline.com

Atty. Leila De Lima

Secretary, Department of Justice

Padre Faura St., Manila

Direct Line 521-8344; 5213721

Trunkline  523-84-81 loc.214

Fax: (+632) 521-1614

Email:  soj@doj.gov.ph

Acting Chairperson Cecilia Rachel V. Quisumbing

Commission on Human Rights

SAAC Bldg., UP Complex

Commonwealth Avenue

Diliman, Quezon City, Philippines

Voice: (+632) 928-5655, 926-6188

Fax: (+632) 929 0102

Email:  coco.chrp@gmail.com,

Please send us a copy of your email/mail/fax to the above-named government officials, to our address below.

URGENT ACTION Prepared by:

KARAPATAN (Alliance for the Advancement of People’s Rights)

National Office

2/F Erythrina Bldg., #1 Maaralin cor Matatag Sts., Brgy. Central, Diliman, Quezon City 1100 PHILIPPINES

Voice/Fax: (+632) 435 4146

Email: urgentaction@karapatan.org

Website: http://www.karapatan.org

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Nestlé Philippines Inc. Nestlé S.A.
No. 31 Plaza Drive Avenue Nestlé 55
Rockwell Center 1800 Vevey, Switzerland
Makati City 1200 Philippines

International Labor Organizations (ILO) Department of Labor and Employment (DoLE) 4 route des Morillons Muralla St. cor. Gen. Luna St., Intramuros
CH-1211 Genève 22, Switzerland 1002 Manila, Philippines

Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais des Nations
CH-1211 Geneva 10, Switzerland

Commission on Human Rights of the Philippines
SAAC Building, Commonwealth Avenue
UP Complex, Diliman, Quezon City

Petition-Appeal for Justice “Do not deny justice to your poor people in their lawsuits” Exodus 23:6

We, citizens of various nationalities and from different walks of life, have joined together to seek justice for the more than 600 employees of Nestle Cabuyao Philippines, Inc. who for over two decades now have been suffering human rights violations as they struggle for their right to collective bargaining (ILO Convention no.98).

The issue of retirement benefits is a valid issue in collective bargaining as decided by the National Labor Relations Commission (NLRC) in its resolution-order earlier and affirmed by the ruling of the Supreme Court in February 1991. The Supreme Court again ruled on the labor dispute on 22 August 2006 reaffirming the validity of its 1991 decision.

And on 26 March 2009, the final and executory decision is recorded in the Book of Entries of Judgment: the Nestle Management has been explicitly mandated to return to the negotiating table and resume Collective Bargaining Agreement (CBA) negotiation with the Union, especially on the issue of retirement benefits.

The workers and their union launched on January 14, 2002 an arduous strike that has lasted up to the present because the Nestle Management continues to disregard the above rulings and directives and relevant international agreements.

“Nestlé uses all state instruments such as the Department of Labor and Employment (DoLE), the MTC-Cabuyao (Municipal Trial Court) and RTC-Binan (Regional Trial Court), the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP), and the Intelligence Service of the Armed Forces of the Philippines (ISAFP), with the blessings of a Philippine president who continuously clings to power …” (Nestlé abusing workers’ rights in the Philippines – and ignoring Supreme Court rulings, February 2009) http://www.nestlecritics.org/pdfs/nestlecabuyao0209.pdf

“Pres. Arroyo is betraying the people instead of defending the workers who have moral and just basis in their struggles. The Arroyo government likens the workers to criminals, drug lords, gambling lords and terrorists. It is like a rabid dog in kowtowing to the dictates of imperialist globalization and giant monopoly capitalists. Not contented, Arroyo further strengthened its iron hand rule by implementing the Calibrated Preemptive Response (CPR) on Sept. 21, 2005 to further repress the rights of the people.” (ibid)

“This repression has directly or indirectly resulted in 23 strike-related deaths, including union leader Diosdado “Ka Fort” Fortuna, who was assassinated on his way home from a picket line on September 22, 2005. His predecessor, Union president Meliton Roxas, was assassinated in front of the picket line on January 20, 1989, during the workers’ previous strike involving the same issue. To date, not a single perpetrator has been apprehended for these murders.“ (ibid)

The represssion and oppression and other forms of violence perpetrated against the striking Nestle Cabuyao workers continue, the latest manifestation of which being the arrest and detention of Noel Alemania, the acting Union of Filipro Employees (UFE) President.

We, the undersigned demand:
Recognize the right of UFE to collective bargaining (ILO Convention no.98) especially the right to negotiate for their retirement benefits!
Stop the other repression / oppression and other forms of violence perpetrated against the striking Nestle Cabuyao workers!

We call on
a) the Nestle Management to return to the negotiating table and resume CBA negotiation with the Union, especially on the issue of retirement benefits
b) the Philippines government thru the Department of Labor and Employment to mediate and/ or conciliate the labor dispute
c) the International Labor organization (ILO) to take cognizance of the labor dispute, and
d) the United Nations Commission on HR to send representative(s) to the Philippines and/or ask the Commission on Human Rights in the Philippines to conduct a thorough investigation of the human rights violations i.e., killing of Diosdado “Fort” Fortuna, and other related human rights issues.

SIGN OUR PETITION http://pinas-first.com/petition/