Avasola, the first Matobato

Jude Josue Sabio

IN his testimony in the Senate Justice Committee, Edgar Matobato stated that the Davao Death Squad, which has allegedly been organized, managed and operated by Duterte, buried the bodies of their fallen targets at the Laud quarry owned by SPO4 Bienvenido Laud located at Ma-a, Davao City.

Further research has revealed that this is not the first time that a man like Matobato has surfaced and testified.  Seven years ago or in the year 2009, a certain Ernesto Avasola already testified in the Manila trial court.  In his testimony, Avasola stated that he personally witnessed the murder of six persons in December 2005 and participated in burying their bodies allegedly in the Laud “compound” owned by SPO4 Bievenido Laud.

In 2009, Avasola gave his testimony before the court, unlike Matobato now who is giving testimony before the Senate which is a political body.  While Avasola testified without media fanfare in a court proceeding, Matobato is testifying on the national stage before the Senate in a much-publicized political setting. Avasola testified in support of an application for a search warrant filed by the Philippine National Police, while Matobato now is testifying in “aid of legislation.”

On the basis of Avasola’s testimony, the PNP sought for a search warrant in order to search the Laud “compound” for human skeletal remains. He was personally examined then by Executive Judge Peralta of the Manila court. On the basis of Avasola’s personal testimony given in open court, Judge Peralta issued the search warrant. But later, on motion of Bienvenido’s lawyers, one of whom is Justice Secretary Vitaliano Aguirre, Judge Peralta set aside the search warrant.

This prompted the PNP to question the setting aside of the search warrant before the Court of Appeals. But the Court of Appeals affirmed the search warrant, thus prompting SPO4 Bienvenido Laud to further challenge the search warrant before the Supreme Court.  Finally, on Nov. 19, 2014, the Supreme Court affirmed the validity of the search warrant.

In this case, “Retired SPO4 Beinvenido Laud vs. People of the Philippines,” G.R. No. 199032, Nov. 19, 2014, the “Davao Death Squad” was mentioned.  In stating the facts of the case, the Supreme Court said the PNP was applying for “a warrant to search three (3) caves located inside the Laud Compound in Purok 3, Barangay Ma-a, Davao City, where the alleged remains of the victims summarily executed by the so-called ‘Davao Death Squad’ may be found.”  The SC further said that “( I)n support of the application, a certain Ernesto Avasola (Avasola) was presented to the RTC and there testified that he personally witnessed the killing of six (6) persons in December 2005, and was, in fact, part of the group that buried the victims.” (chanrob)

In this case, the SC quoted with approval the first-hand account of of Avasola who stated that he personally witnessed the commission of the murders  and was, in fact, part of the group that buried the victims. Here is the quote from the SC decision:

Q9-Who are these six (6) male victims who were killed and buried in the caves in December 2005 at around 9:00 p.m.?

A9- I heard Tatay Laud calling the names of the two victims when they were still alive as Pedro and Mario. I don’t know the names of the other four victims.

Q10- What happened after Pedro, Mario and the other four victims were killed?

A10- Tatay Laud ordered me and the six (6) killers to bring and bury equally the bodies in the three caves. We buried Pedro and Mario altogether in the first cave, located more or less 13 meters from the makeshift house of Tatay Laud, the other two victims in the second cave and the remaining two in the third cave.

Q11- How did you get there at Laud Compound in the evening of December 2005?

A11- I was ordered by Tatay Laud to go [to] the place.  I ran errands [for] him.

Avasola’s statements in his deposition were confirmed during the hearing on July 10, 2009, where Judge Peralta conducted the following examination:

Court:  xxx Anong panandaan mo?  Nandoon ka ba noong naghukay, nakatago o kasama ka?

Mr. Avasola: Kasama po ako sa pagbuhat ng mga tao, sir.

Court: Mga ilang katao?

Mr. Avasola: Anim (6) po.

Court: May mass grave ba na nahukay?

Mr. Avasola: May tatlong kweba po na maliliit yung isa malaki. xxx”

The search warrant that was upheld by the SC states: “You are hereby commanded to make an immediate search at any time [of] the day of the premises above describe[d] particularly the three (3) caves (as sketched) inside the said Laud Compound, Purok 3, Brgy. Ma-a, Davao City and forthwith seize and take possession of the remains of six (6) victims who were killed and buried in the just said premises.”

In its decision, the SC noted that as a matter of fact, the search warrant “was enforced by elements of the PNP-Criminal Investigation and Detection Group, in coordination with the members of the Scene of the Crime Operatives on July 15, 2009. The search of the Laud Compound caves yielded positive results for the presence of human remains.”

In the Senate inquiry, Matobato did not mention the name of Ernesto Avasola. In fact, the name of Ernesto Avasola has not cropped up in the inquiry.  Sen. Leila de Lima, quoting Matobato, identified only 19 policemen and four civilians as Senior Superintendents Rey Capote, Tony Rivera, Dionisio Abude and Isidero “Dick” Floribel/Florobel; Chief Inspectors Jacy “Jay” Francia, Fulgencio Pavo and Ronald Lao; Senior Police Officers 4 Arthur Lascanas and Sanson “Sonny” Buenaventura; Senior Police Officers 3 Jim Tan, Jun Laresma, Donito “Pogi” Ubales; Senior Police Officers 2 Enrique “Jun” delos Reyes Ayao and Rizalino “Bobong” Aquino; Senior Police Officers 1 Reynante Medina, Bienvenido Furog, Vivencio “Jun” Jumawan, Jun Bisnar, Gaston Aquino, Bienvenido Laud, Alvin Laud, Roly Engalia and Arnold Ochavez.

But the statements of Matobato and Avasola point to the same Laud property. Matobato calls it “Laud quarry” while it is described as “Laud compound” in the case of Avasola.

Matobato stated that he and his group waited on a “hilly” part  to ambush the then CHR chairperson de Lima at that time. Sen. de Lima confirmed the area to be “hilly.” She escaped death because she did not proceed to the “hilly” part. Avasola pointed to and described three caves inside the compound.

Their testimonies corroborate on two other material points, that is, the bodies of the victims of the Davao Death Squad were allegedly buried in this Laud property and that this property is owned by SPO4 Bienvenido Laud.

The first-hand account of Avasola was believed by the judiciary when it upheld the search warrant. Like Avasola, Matobato also gave a first-hand account.  By parity of reasoning, he should be believed.

 (Jude Josue L. Sabio is a lawyer from Misamis Oriental.)