Writ of Amparo and TVIRD

1 Petition for Amparo


P E T I T I O N

PETITIONERS, through undersigned counsel, and unto

this Honorable Court of Appeals, most respectfully aver

THAT:

PREFATORY STATEMENT

1. 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.

2. The respondents are presently executing a plan

which they themselves have conceptualized and named as,

“OPLAN BONGKAG” (Operation Destruction) and “PLAN-X”.

This is a systematic and company-planned operation to end

the life, eliminate, and/or liquidate herein petitioners and

their immediate families. Petitioners have known of these

plans through series of electronic mails or e-mail exchanges

between certain officers of respondent TVI Resource

Development Philippines Inc. (“TVIRD” for brevity), coupled

by constant surveillance on petitioners’ whereabouts by


unknown and suspicious-looking and behaving men who

were riding motorcycle, tailing them on their travels, and

loitering in front of their homes and places of work at Sitio

Balabag, Depore, Bayog, Zamboanga del Sur or at their

respective immediate relatives’ residence. Petitioners have

been receiving actual threat messages in their cellular

phones.

PARTIES

3. Petitioners ARANDY “RANDY” D. SILVA, ROSELYN

V. SILVA, EDGAR T. BALING, DENNIS B. PAQUIT, JOEL

E. CAYABYAB and ALEX “LEK” A. CABUG-OS, are members

of the thriving community at Sitio Balabag, Depore, Bayog,

Zamboanga del Sur. The community in Sitio Balabag,

Depore, Bayog, Zamboanga del Sur consists of the Subanen

and settlers who subsist on farming, wood gathering, and

small time or small-scale mining activities. Other

Petitioners, JULIETO “GIGING” L. MONDING, member of

Sangguniang Bayan of Bayog, Zamboanga del Sur, and

broadcaster, JOSELITO A. PEDRANO. For purposes of this

petition, notices, orders and other processes of the

Honorable Court of Appeals may be served through the


preferred address provided by undersigned counsel in this

petition.

4. Individual respondents EUGENE T. MATEO, JOHN

RIDSDEL, 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, MARLOU

CORANEZ are corporate officers and agents of TVIRD, a

corporation registered under the laws and Constitution of

the Republic of the Philippines, and operating therein which

can be sued. Its business address is at 22nd Floor, Equitable

PCI Bank Tower, 8751 Paseo de Roxas, Makati City, Metro

Manila, where they can be served with subpoenas, notices,

orders and other processes of this Honorable Court of

Appeals. TVIRD is the Philippine affiliate of TVI PACIFIC

INC., a Canadian-owned entity, headed by its Chairman of

the Board, Clifford James. TVI PACIFIC INC. is a

substantial 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


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 the


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.


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


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 employed


as on-site Security Officer of TVIRD. Testimonial

and documentary evidence show that he has

actual knowledge and involvement in the


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



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


Zamboanga del Sur against herein petitioners.

4.5.2 CIPRIANO BAYAN is a former member of the

military and is currently hired by respondent


corporation, TVIRD, to supplement its security

force.

4.5.3 The privately armed BLUE GUARDS who

operate as security personnel for TVIRD in Sitio


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 for Service of Summons/Orders/ Notices of the Honorable Court of Appeals

5. Respondents EUGENE T. MATEO, JOHN B.

RIDSDEL, YULO PEREZ, ROBERT JAY NELSON, RENNE

SUBIDO, LUIS JOVITO A. SANTOS JR., RENE DE OCAMPO,

MARLOU CORANEZ, and EMMANUEL S. CAYTON may be

served with summons and/or notices and orders of this

Honorable Court of Appeals at 22nd Floor, Equitable PCI


Bank Tower, 8751 Paseo de Roxas, Makati City, Metro

Manila.

6. Respondents PAUL VINCENT ARIAS, VALENTINO

EDANG, the BLUE GUARDS, CIPRIANO BAYAN, and Special

Civilian Active Auxiliaries (SCAA) may be served with

summons and/or notices and orders from this Honorable

Court 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 municipal

mayor of Bayog, Zamboanga del Sur. He is herein impleaded

as having closed association with the named private

respondents, executives and officers of TVIRD. Mayor

Babasa has knowledge and approved the plan of liquidation

and/or attack on petitioners based on the disclosed

documents in this petition. He may be served with

summons 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 incumbent

Governor of Zamboanga del Sur. He is here impleaded as


having close association with the respondents TVIRD’s

corporate officers and executives. He has actual and direct

knowledge so that he approved the plan of liquidation

and/or attack on petitioners based on the disclosed

documents in this petition. He may be served with

summons at the Office of the Provincial Governor, Capitol

Compound, Pagadian City. As an incumbent highest public

official in the province, he has vast influence and control

over certain line agencies of Zamboanga del Sur provincial

government and, to a certain extent, latent influence in

other government offices, as well as judicial and quasi-

judicial bodies therein.

FACTS RELEVANT and MATERIAL

FOR THE ISSUANCE OF

WRIT OF AMPARO

A peaceful and abundant community

9. Sitio Balabag, Barangay Depore, Bayog, Zamboanga

del Sur is occupied and claimed by the Subanen, a group of

indigenous people (IPs) in Zamboanga del Sur as their

ancestral domain. They are in the process of acquiring title

or Certificate of Ancestral Domain Title (CADT) over this

same area.


10. In their assertion for self-determination, and their

right to development, they are now formulating their

development plan which includes the identification of

resources. Very important and valuable natural resource

which their ancestral domain has is the rich mineral

deposits which make a foreign-national corporation doing

business in the Philippines very interested in the area.

Respondent TVIRDP is interested in the ancestral domain in

Sitio Balabag, Depore, Bayog, Zamboanga del Sur.

11. The foreigners have no place in the ancestral

domain of the Subanen in Balabag, Depore, Bayog,

Zamboanga del Sur as the Subanen are enjoying their

mineral-rich home. Subanen and the settlers have

harmonious relationship since 1980s until at present so

that they are in partnership for the development of their

mineral-rich ancestral domain. Small-scale mining activities

have been conducted in Sitio Balabag, Depore, Bayog

Zamboanga 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


noteworthy Filipino settlers in the mineral-rich ancestral

domain of the Subanen as they are now the subject of plan

of liquidation and operation of annihilation by the foreign

company, TVIRD.

13. Meanwhile, in 1997, the thriving communities in

Sitio Balabag, Depore, Bayog, Zamboanga del Sur formed a

non-stock, nonprofit association by the name of Monte de

Oro Small Scale Miners Association (“MOSSMA,” for brevity).

This is organized to give the community of Subanen and

settlers a legal personality. MOSSMA is a duly organized

corporation under Philippine Constitution and laws, with

SEC 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 of

MOSSMA.

14. This year, on 28 February 2012, MOSSMA

opposed the Mineral Production Sharing Agreement (MPSA)

of the TVIRD by filing a Petition1. They wanted to assert

that their area should be declared as people’s small-scale

mining area (PSSMA) or Minahang Bayan pursuant to

Republic Act 7076, to benefit Filipinos as preferred by the

1 ANNEX “A”


1987 Philippine Constitution. Likewise, the Subanen issued

a declaration on NO Free and Prior Informed Consent (FPIC)

to prevent TVIRD from conducting mining operations in

their ancestral domain.

15. In this harmonious relationship of the Subanen

and the settlers in Balabag, Depore, Bayog, Zamboanga del

Sur, TVIRD should forcibly drive them away from their area

so that the latter can exploit the mineral-rich land, and

bring a large profit to their own country, leaving Filipinos

with nothing but denuded land, silted river and displaced

farmers and indigenous people.

16. The small-scale mining activities of the Subanen

and the settlers are dispensable obstacle to Respondents’

TVIRD time-bound objective of occupying the area in Sitio

Balabag, Depore, Bayog, Zamboanga del Sur, so that they

are now resorting to various forms of violence, harassments

and clandestine schemes directed at extra-judicially

eliminating and/or liquidating members of local community,

individuals and organizations as well as small-scale mining

activities, at all costs and at all means. The Respondents’

plan of annihilation should also include the community’s


friend from the media and the Sangguniang Bayan who

strongly oppose as well as staunch advocates of anti-large-

scale mining by TVIRD.

17. Obviously, TVIRD executives are under pressure

by foreign investors to fast track their large scale mining

operations and even to disregard fundamental human rights

to life, property, and liberty by whatever means and

according to their own terms only.

The Continuous Surveillance and Actual Threats to life and property on the Petitioners.

18. Since February 2012 until at present, the

Petitioners have been experiencing constant harassments

and actual threats on their lives after MOSSMA filed a

petition on 28 February 2012 to declare areas in Sitio

Balabag, Depore, Bayog, Zamboanga del Sur a Minahang

Bayan pursuant to RA 7076. Their assertion to declare the

mining areas in Sitio Balabag, Depore, Bayog, Zamboanga

del Sur as people’s small-scale mining area dates back even

prior to August 1, 1987.


19. In particular, the circumstance of threats and

surveillance 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


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. For


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 our

2 This is also similarly attached in the affidavit of ROSELYN V. SILVA as ANNEX “B-ROSE SILVA”


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 message3

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 and

3 For reference, see attachment in the Affidavit of Joel E. Cayabyab.


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


“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


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


“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


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


“ R ” Pedrano is presently a broadcast journalist

connected with DXWO Pagadian City and is handling


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 and


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, disturbing

the peace and order, and creating scenarios in Balabag area

and justify the deployment of military, CAFGU/Special

Civilian 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 to

continue their livelihood activities and earn for their

sustenance. Ultimately, it aims to destroy the existing

occupation of the local indigenous communities and local

settlers in their present areas of occupation in Sitio Balabag,

Depore, Bayog, Zamboanga del Sur. The military and/or

inter-agency tasked force stationed in the area would then

be eventually replaced by heavily armed TVIRD private army

called Blue Guards.

21. The present threats to the petitioners can be

traced to TVIRD’s built-up activities in 2011. Earlier in

2011, there were several peace and order problems that


transpired in Sitio Balabag, Depore, Bayog, Zamboanga del

Sur. It became apparent to residents of Sitio Balabag,

Zamboanga del Sur that Respondent TVIRD has been

creating a chaotic situation, scenarios of all sorts to justify

the deployment of military forces. Photographs of the

military deployed in the area accompanying the TVIRD

equipments is here attached as Annex “S”.

22. A checkpoint was eventually established by

Respondent TVIRD and its officers and employees, manned

by the BLUE GUARDS and SCAAs to institutionalize threats,

violent aggression, and harassments to community

members, persons and local community leaders. It was a

systematic annihilation of community members in Balabag

area to give way to the large-scale, destructive, mining

operations of TVIRD.

23. At present, the checkpoint is still existing in

Balabag, Depore, Bayog, Zamboanga del Sur, manned by

privately armed Blue Guards of TVIRD, requiring the

Subanen and settlers to log-in and log-out in every passage

in that checkpoint. This is effectively restraining their

freedom of movement as well as ingress and egress, violative

of the Constitution.


24. Petitioners later came to know of an OPLAN

BONGKAG (“Bongkag” meaning in English meaning to

destroy) designed by TVIRD executives, specifically, by

respondent Emmanuel Cayton and other ex-military/police

officials Paul Vincent Arias, Valentino Edang, Nolito Navarro

and Cipriano Bayan with the approval of top level TVIRD

executives.

25. OPLAN BONGKAG was revealed through

documents disclosed by former TVIRD employee, herein

Petitioner, Joel E. Cayabyab. During the period of May

2011 until his resignation from TVIRD in November 2011.

Joel E. Cayabyab was present, on official function, to a

number of meetings attended by retired army officers

EMMANUEL CAYTON, VALENTINO EDANG, with some other

ex-military/police officers PAUL VINCENT ARIAS, NOLITO

NAVARRO (TVI Assistant Security Manager) and some active

junior military officers, a certain Lt. GARY MASIDMAN and

CAPT. PABICA of the 53rd IB, 1st Division of the Philippine

Army. The meetings were purposely for the implementation

of OPLAN BONGKAG.


Attached to this petition are plans and emails of

OPLAN BONGKAG attached herewith as Annex “I” to “L”

with sub-markings. The documents are mentioned, their

existence confirmed in the affidavit of Joel E. Cayabyab.

Investigation and failed peace pact

26. On account of the various circumstances of

threats to the lives and security, as well as harassments to

local 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 National

Police, Zambonga del Sur, Camp Abelon, Pagadian City,

requesting for an investigation on the various peace and

order incidents and hoping that TVIRD executives will

come 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 to

discuss the pressing concerns, P/SS WILLIAM TOLOMIA

MANZAN conducted an investigation as well as invite

TVIRD executives, corporate officers, and agents to a


conference and supposed peace pact. TVIRD executives,

corporate officers and agents however did not show up,

apparently not interested to cooperate in the investigation

and pursue a peaceful dialogue.

28. On May 2012 and up to this present day, the

surveillance against petitioners intensified and the

harassments directed to local civilians in Sitio Balabag,

Zamboanga del Sur worsened.

OPLAN-X

29. The serious threats to petitioners’ lives and safety

became even more apparent. Recently, in May 2012,

petitioners learned and came to know of an activation of a

systematic 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, JOEL

CAYABYAB and ALEX “LEK” CABUG-OS and local

broadcast journalist JOSELITO A. PEDRANO.

30. The said plot and other information was revealed

through series of email exchanges and communications by

TVIRD insiders who were privy to these communications


and, at that time, burdened by their conscience. These

TVIRD insiders were Engr. Danilo Halago, Project Engineer,

and Paolo Dizon, Cost Controller for Balabag project of

TVIRD. The series of TVIRD email communications were

discreetly given to petitioner Joel E. Cayabyab out of

concern for his safety, he being former colleague of Danilo

Halago and Paolo Dizon at TVIRD prior to 2011. (See

attached affidavit of Joel Cayabyab).

31. One email communication dated May 16, 2012 by

Paul Vincent Arias was sent to TVIRD top level officers and

staff, including Yulo Perez, Valentino Edang, Nolito Navarro,

Paul Cipriano Bayan, Rene Subido, Frank Castro, Richard

Abaday, Paolo Dizon, Marlou Coranez. This email, among

others, was passed and contained under the

tvipacific.com.ph email account, specifically, from

[email protected] to [email protected]

and [email protected] with copy

furnished 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 isACTIVATED ONWARDS]


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 <[email protected]> Wed, May 16, 2012 at 6:12 PM

To: Paul Vincent Arias<[email protected]>

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.

Yulo

The above email communication is hereto attached

as Annex “N” dated May 16, 2012, likewise made as an

attachment in the affidavit of Joel E. Cayabyab.

32. The disclosed TVIRD email communications

revealed that petitioners have been in constant surveillance

since March 2012 under a planned “Silent Attack.” One

email communication, dated March 26, 2012, reads:

Emmanuel Cayton [email protected]�

Mar 26 2012

to Yulo Perez, Valentino Edang, Nerissa Corilla, Paul Arias, LulieMicabalo Jericho 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



nonong

Yulo Perez [email protected]�

Mar 26 2012

to Emmanuel Cayton, Valentino Edang, Jericho Gamelo, NerissaCorilla, Paul Arias, LulieMicabalo, Frank Castro, DaniloHalago, Paolo Dizon, MarlouCoranez

Nong, report immediately after your meeting with gov.cerilles. I will also maneuver to control cliff and Eugene and ensure they will not know about the attack. We need to act as fast as we can before the ssm can calculate our moves.

Yulo

The above email communication is hereto attached

as Annex “O”, likewise made as an attachment in the

affidavit of Joel E. Cayabyab.

33. Another e-mail by Yulo Perez to Emmanuel

Cayton, Paul Vincent Arias dated May 5, 2012 e-mail

reads:

Yulo Perez <[email protected]> Sat, May 5, 2012 at 1:56 PM

To: Emmanuel Cayton <[email protected]> PaulVincent Arias<[email protected]<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

The above email is attached herewith as ANNEX “P,”

likewise made as one the attachment in the affidavit of Joel

E. Cayabyab.

34. Petitioners later learned that “CN-GAC” in the

emails 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, public

respondent Gov. Cerilles had known of the plan to liquidate

petitioners and approved the same. This is apparent in the

following email dated March 29, 2012:

SILENT ATTACK STATUS

Yulo Perez [email protected]�

Mar 29 2012

to 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



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 hereto

attached as ANNEX “Q” and likewise attached in the

affidavit of Joel E. Cayabyab.

35. In the course of the leaking of the e-mails to some

of petitioners, those who learned first had relayed the


information to those included. They were mindful, became

careful of their movements and whereabouts. Likewise,

watchful of themselves, trying not to establish a pattern in

their travels to avoid the attack on their lives.

36. Meanwhile, TVIRD executives, especially private

respondents Yulo Perez, Emmanuel Cayton, Valentino

Edang, and others had sensed of a leakage in the

confidential information. They began an investigation,

improved their electronic system of communication, and

checked on their ranks.

37. In April and May 2012, TVIRD insiders, Danilo

Halago and Paolo Dizon lie-lowed as contact and became

wary of their safety. They filed a leave of absence from

TVIRD. However, in due time, TVIRD discovered the

involvement of Danilo Halago and Paolo Dizon in the leaked

emails. TVIRD later had gone to go after them as well as

petitioner Joel E. Cayabyab.

38. Subsequently, petitioner Joel E. Cayabyab was

informed by Paolo Dizon that the latter was returning to the

folds of TVIRD since private respondent Yulo Perez, TVIRD


executive, gave Dizon and Danilo Halago huge promises of

rosy future if they would “cooperate” with TVIRD. Yulo Perez

also lured the two informants and that they would not harm

them if they would return to TVIRD. Paolo Dizon later asked

petitioner Joel E. Cayabyab to join TVIRD, and assured the

latter that he (Joel) would receive more than he previously

received as salary, plus bonus, from TVIRD if he will back-

out from further revealing the documents and e-mails on

Oplan Bongkag and PLAN-X against herein petitioners.

39. Presently, or as of the date of this Petition, the

surveillance still persist on the petitioners by an unknown

persons loitering in their respective homes and places of

work at Sitio Balabag, Depore, Zamboanga del Sur,

obviously with some unlawful intent on their lives and

safety.

40. Petitioners are now extremely watchful of their

surrounding, hiding most of the time inside residences and

transferring from one abode to another. Life is never the

same again for the petitioner, with the incidents outlined

and emphasized in this petition. With the present vicious

plan of TVIRD, in cooperation of public government officials,


who are local government chief executives, petitioners’ lives

have become unstable and they are now so anxious of their

personal as well as their family’s safety.

41. The present circumstances of imminent threats to

petitioners’ lives are so serious, actual and imminent that it

needs judicial intervention. The previous attempt of

seeking investigation with the Provincial Commander of the

Philippine National Police, Zamboanga del Sur and supposed

dialogue with TVIRD did not give petitioners assurance of

protection, considering that there are other public officials

involved in the contrived plan of TVIRD.

42. The petitioners are constrained to come to this

Honorable Court of Appeals for relief as the respondent high

public officials have vast influence in Zamboanga del Sur

and widely known to possess armed goons. TVIRD also

possess vast economic resources and capacity to conduct a

simultaneous operation in liquidating, or to a certain end,

annihilation of community members who stand firm for

their land, home and resources.


43. The issuance of the Writ of Amparo by this

Honorable Court, together with other incidental remedies

from this Honorable Court of Appeals, shall protect the lives,

property and safety of the petitioners.

PRAYER

WHEREFORE, premises considered, petitioners most

respectfully and URGENTLY pray of this Honorable Court of

Appeals for the IMMEDIATE issuance of a Writ of Amparo.

Likewise to issue an ORDER for the following:

1. COMMANDING Respondent TVIRD, its named

corporate officers, executives, and all other persons acting

for and in their behalf, under pain of contempt, to cease and

desist from any action and threats, intimidation, and

attacks of whatever kind that will harm petitioners herein

and their immediate household, including the conduct of

surveillance on petitioners and their families;

2. PROHIBITING TVIRD, respondent corporate

officers, its executives, their agents, and all other persons

acting for and in their behalf, under pain of contempt, from

threatening, harassing or inflicting any harm to herein

Petitioners, their immediate family and members of their


household, as well as prohibiting TVIRD, its executives,

their agents, and all other persons acting for and in their

behalf, under pain of contempt, from entering petitioners’

dwelling and working areas in Sitio Balabag, Depore, and

Bayog, Zamboanga de Sur;

3. COMMANDING named respondents and

respondent public officials, within a non-extendible period of

seventy-two (72) hours from service of the writ, (1) to file a

verified written return with supporting affidavits and, under

pain of contempt, (2) to cease and desist from threatening,

harassing or inflicting any harm to herein Petitioners, their

immediate family and members of their household, (3) to

desist from performing any act inimical to the lives and

safety of petitioners and members of their household,

including entering petitioners’ dwelling and working areas in

Sitio Balabag, Depore, and Bayog, Zamboanga de Sur.

4. COMMANDING and/or DIRECTING the Philippine

National Police (PNP), the Department of Justice (DOJ), and

the Department of Interior and Local Government (DILG) to

(1) immediately give ample security protection and

assistance to petitioners and their families and (2) conduct


investigation as well as give periodic reports to the

Honorable Court on the results of this investigation.

5. COMMANDING and/or DIRECTING the Armed

Forces of the Philippines, Philippine Army, thru the 53rd

IB, 102nd Brigade, 1st ID “Tabak” Division, to allow free

ingress and egress of people at Sitio balabag, Depore, Bayog,

Zamboanga del Sur, ensuring unrestricted freedom of

movement.

6. COMMANDING and/or DIRECTING the Philippine

National Police (PNP) to dismantle and disallow the

checkpoints manned by TVIRD Blue Guards and SCAA at

Sitio Balabag, Depore, Bayog, Zamboanga del Sur.

Prayer for Temporary Protection Order

7. IN ORDER to ensure the temporary safety and security

of co-petitioners Joel E. Cayabyab and Julieto “Gigging” Monding,

whose life and security at this time are extremely in danger, it is

respectfully requested that they be placed under a Temporary

Protection Order of the Witness Protection, Security and Benefit

Program under Department of Justice (DOJ) . Concomitantly, it is

urgently prayed that the DOJ be ordered to undertake immediate


Education

Writ of Amparo and TVIRD