URGENT ACTION ALERT • URGENT ACTION ALERT • URGENT ACTION ALERT

INITIAL INFORMATION

UA Date: 19 May 2008

UA Title: Peace consultant for NDFP in Cagayan reported missing in Pasig City, Philippines

UA Case: Enforced Disappearance

Victim/s: Randy Felix P. Malayao
-39 years old, male
-Resident of Minanga Norte, San Pablo, Isabela
-Peace consultant for the National Democratic Front of the Philippines in Cagayan Valley, Northern Philippines
-Former youth leader: Vice President for the Visayas of the College Editors Guild of the Philippines (1992-1995) and Former Editor-in-Chief, Ang Mangingisda (The Fisherman), official student publication of University of the Philipppines in the Visayas, Miag-ao in Iloilo (1990) where he attained a BS Fisheries degree.

Place of Incident: In the vicinity of Pasig City

Date of Incident: 15 May 2008, around 9:00 P.M.

Alleged Perpetrators: Suspected MIG agents

Possible motive: He was listed in 2003 as co-accused in the killing of martial law henchman Cagayan Congressman Rodolfo Aguinaldo. The New People's Army claimed to have meted death sentence to Aguinaldo in 2001.

Account of Incident:

On May 15, 2008 at around 8 o'clock in the morning, Randy Felix P. Malayao, 39 years old, was having dinner with his friends at a restaurant in Ortigas, when they noticed three men who were suspiciously looking at them (all three men were sporting crew cuts and wearing communication equipments). This made them feel uncomfortable since they heard one of the men, said 'positive sir,' while still looking at them.

They finished dinner and went their separate ways. At around 9 P.M., Randy boarded a taxi on his way to a relative's house in Pasig. He sent a text message to his friends and relatives that he is on board a taxi and on his way to the relatives' place.

When his relatives inquired about his location, Randy replied that he was somewhere in Rosario, Pasig and stuck in traffic. By 9:17 P.M. he sent a message that he was being followed.

It was the last message received from him and his relatives have not heard from him since. He did not make it to his relatives' house.

They have again tried to call him several times on his mobile phone but it kept ringing. Sometimes it rings and turns busy and other times they hear music and different sounds as if the phone was being held close to a radio device and then disconnected after a few seconds. The phone could no longer be reached by noontime of May 16.

Malayao's safety and his life could be in jeopardy. State security forces may have a motive and they certainly do have the capability and opportunity in view of 193 documented cases of enforced disappearances in the Philippines so far since 2001.

Malayao was listed in 2003 as a co-accused in the killing of martial law henchman Cagayan Congressman Rodolfo Aguinaldo. Malayao denied his involvement. The New People's Army claimed to have, under their justice system, meted death sentence to Aguinaldo in 2001 for alleged "crimes against the people."

Several weeks ago, officers of the 5th Infantry Division of the Philippine Army bragged over local radio station Bombo Radyo in Cauayan City in Isabela that it was only a matter of time when Malayao would fall into their hands.

A quick reaction team (QRT) was dispatched by Karapatan and Desaparecidos since Sunday, March 17 after family and friends sought their help.


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 enforced disappearance of Randy Felix Malayao.
2. The arrest and prosecution of the perpetrators of the crime/s of Extra-judicial Killings.
3. The immediate and proper indemnification of the victims; and
4. The Philippine Government to be reminded that it is a signatory to the Universal Declaration of Human Rights and that it is also a party to all the major Human Rights instruments, thus it is bound to observe all of these instruments' provisions.


You may send your communications to:

H.E. Gloria Macapagal-Arroyo
President of the Republic
Malacanang Palace,
JP Laurel St., San Miguel
Manila Philippines
Voice: (+632) 564 1451 to 80
Fax: (+632) 742-1641 / 929-3968
Cell: (+ 63) 919 898 4622 / (+63) 917 839 8462
E-mail: corres@op.gov.ph / opnet@ops.gov.ph

Jesus D. Dureza
Presidential Adviser on the Peace Process
*Office of the Peace Process
7th Floor Agustin Building I
Emerald Avenue
Pasig City 1605
Voice:+63 (2) 636 0701 to 066
Mobile:
Fax:+63 (2) 635 9579
osec@opapp.gov.ph

Gilberto C. Teodoro Jr.
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
osnd@philonline.com

Hon. Raul M. Gonzalez
Secretary, Department of Justice
Padre Faura St., Manila
Direct Line 521-8344; 5213721
Trunkline 523-84-81 loc.214
Fax: (+632) 521-1614
Email sad@doj.gov.ph

Hon. Leila De Lima
Chairperson, Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue
Diliman, Quezon City
Philippines
Fax: (+632) 929 0102
Email: drpvq@chr.gov.ph


Please send us a copy of your email/mail/fax to the said government official to our address below.

URGENT ACTION Prepared by:

KARAPATAN (Alliance for the Advancement of People's Rights)-National Office
1 Maaralin cor Matatag, Brgy. Central, Quezon City 1100 PHILIPPINES
Voice/Fax: (+632) 435 4146
Emails: /
Website: www.karapatan.org