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Jude Josue Sabio

ACCORDING to Edgar Matobato, broacaster Jun Pala recruited NPA rebel returnees as assassins for the then Davao mayor Rodrigo Duterte. He knew the killings in Davao. A frequent visitor at the Davao police, Pala styled the Duterte group and their police cohorts as the “Davao Death Squad.”

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Much later, Pala had a falling out with Duterte. In his radio program, he explicitly referred to what he called as the “Davao Death Squad” in his hard-hitting tirades against Duterte. He even described Davao City as a “killing fields.” This is how the name “Davao Death Squad” came into public consciousness.

Allegedly on orders of Duterte, Pala was ambushed on his way home years ago. He earned the personal ire of Duterte not only because of his hard-hitting commentaries, but also and more importantly because personally knew about the clandestine and sinister activities of  what he called the “Davao Death Squad.”

For a start, Duterte allegedly recruited seven people, one of whom is Matobato. Based on Matobato’s account, this happened some time in 1988 when Duterte became mayor. A Cafgu member then, Matobato was recruited by DodongPagidupon, a Davao police close to Duterte.

In a hotel at San Pedo St. in Davao City, Duterte personally gathered and met seven individuals, including Matobato. In that meeting, they were called the “Lambada boys.”  His alleged job order  to them was frighteningly simple and direct–that is, kill criminals.

In the afternoon of that day, Matobato went into a “showdown,” which means his first hit as a “Lambada boy.” On orders, his first hit was a person called “Lim.”  He gunned down “Lim” while he was watching a billiard game near Lucky 13.

The following day and thereafter, Matobato would kill one or more targets on a daily basis. Thus began his killing career that would span about 24 years from 1988 up to and until 2013 when he left the death squad.

Matobato said he himself killed about 50 people. That is his estimate, which is based on the assumption that he killed only one person in one year–meaning, that he killed 24 persons for 24 years.   If it is assumed that he killed two persons in a year, easily that could yield a figure of 48 hits rounded off to 50 for 24 years.

But according to him, he was ordered to kill even three or more people in a day. The killing was regular and almost on a daily basis for him. So his hits could be very much more than 50.

Based on Matobato’s account, while Duterte personally christened the original band of assassins as “Lambada boys,” it was Pala who coined the name “Davao Death Squad.” Through the years, the “Davao Death Squad” has been referred to in media accounts, CHR, police and private investigations.

The “Davao Death Squad” has even been mentioned in judicial records in the PNP application for search warrant of the Laud property owned by SPO4 Bienvenido Laud, who is one of Duterte’s alleged henchmen. In that case, Ernesto Avasola testified in the Manila court. This case reached the Supreme Court which issued a final decision on Nov. 19, 2014 upholding the validity of the search warrant.

Needless to say, one can never find any paper trail about the creation and existence of the “Davao Death Squad.”   From the name alone, it connotes an illegal purpose.  Thus, it is impossible to register it as a legal entity. As a lawyer, Duterte would not have been so stupid as to get caught by legally registering it or keeping official records of it.

As time went by, the original “Lambada boys” were joined by more hitmen, including rebel returnees.  Matobato testified that they reached 300 more or less. The group expanded in membership and reach, but their main job never changed. It is to kill criminals, as originally expressed, allegedly, by Duterte in 1988.

Since the name  “Lambada boys” was spoken of by Duterte himself, it is a direct proof of his alleged policy of killing criminals. Precisely, the “Lambada boys” was formed to execute a policy of killing criminals as a strategy of crime control. In fact, it is the core nucleus of the much larger group of assassins in the years to come.

Based on Matobato’s testimony, he directly participated in these killings for 24 years.  According to him, hitmen are stationed for every police station throughout Davao City. Once a target is determined based on information from the barangay chairman, the police puts into action one hitman or more assigned to the nearest police station.

Allegedly upon clearance from Duterte, the order to kill is coursed through SPO4 Arthur Lascanas or SPO4 Sanson “Sonny” Buenaventura; the police spotter fingers the target who is then killed by the hitman.

The squad  resorted to either of two methods of execution. Under the commonly used method, the victim  is abducted and taken inside a van in which the victim is  garroted to death and is later thrown along the “byahe.” The other method is carried out by gunning down the victim in the open street. For the two methods of execution, the police in the block disappears to clear the way for the hit.

As time went by, the squad stopped recruiting “civilians” as hitmen like Matobato. The job was carried out by new police recruits who were trained by the old crew, including Matobato.

According to Matobato himself, his colleagues are now already in Metro Manila, judging from the style of executions reported in media, with which he is very familiar. Based on recent media accounts, several groups led by police elements are now operating in Metro Manila to carry out extra-judicial killings which are unrelenting and mounting.

Indeed, the policy of killing is evident from the express verbal instruction of Duterte to his “Lambada boys.” Since 1988, this policy has allegedly continued to this day and is being replicated nationwide. It has become public, because Duterte has himself announced it several times in public and even encouraged police to do it.

This public policy that began with the “Lambada  boys” should be seriously looked into by the UN special rapporteur, because it proves a “systematic and widespread” commission of murder which is a crime against humanity.  Contrary to Duterte’s claim that extra-judicial killing is not a crime under Philippine law, murder is indeed a crime against person punished by the Revised Penal Code.

In turn, under the Rome Statute of the International Criminal Court, the “systematic and widespread” commission of murder makes it a crime against humanity over which the International Criminal Court has jurisdiction.

Matobato’s testimony is vital to a case for crime against humanity. His testimony proves the public policy behind the extra-judicial killings happening today. It proves that what began with the “Lambada boys” when Duterte was still mayor has continued up to today when he is now President, precisely because it is to him the “best practice,” as he once boasted to President Arroyo.

But other than Duterte’s liability for crime against humanity in the international arena, criminal liability should also be exacted from him, including the police henchmen, who should be investigated by the law enforcement agencies. But we cannot expect the DOJ, NBI and PNP to do it.

The DOJ is headed by Justice Secretary Vitaliano Aguirre who has scoffed at Matobato’s testimony.  The NBI is headed by Atty. Gieran who, according to Matobato, is part of the group which allegedly fed a kidnapper to a crocodile in Digos. Police Director General de la Rosa allegedly has knowledge of and complicity in the abduction and murder of SaliMakdum.

The church has a huge role to play in this political drama, considering that a primordial quesion of morality and human rights is involved.  “Thou shall  not kill” is a commandment from God himself. In a dominantly Catholic country, the Filipino people should be conscience-stricken like Matobato and dare to stand up and indict the President.

 

(Jude JosueSabio is now lawyering for Edgar Matobato. The lawyer is from Misamis Oriental.)

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