After Daet: The Case of Atty. Carpio and Vinzons-Magana
This article also contains stories of Human Rights Violations Victims of the Martial Law era.
To view the rest of the Roll of Victims see this link: Roll of Victims
To read this article in Filipino, press this link: Filipino Version
To read up on the events of the 1981 Daet Massacre, press the links to part one of their respective English and Filipino Articles: Daet Massacre Part 1 (EN) | Daet Massacre Unang Bahagi (FIL)
On July 31, 1981, Atty. J. Antonio M. Carpio, chairman of the Kilusang Mamamayan para sa Tunay na Demokrasya (KMTD), and Grace Vinzons-Magana, coordinator of the same, were released by President Ferdinand Marcos after about a month of detainment. On the surface, this may appear to be just another case of political prisoners being released. However, a dive into the details reveals a complicated chain of events, tying it to the infamous June 14 Daet Massacre.
The KMTD
The KMTD was formed in Naga City on May 23, 1981 to represent and act on behalf of the disenfranchised. These include workers, farmers, fishermen, the urban poor, the youth, and other groups silenced by the repressive Martial Law regime of Ferdinand Marcos. As part of their efforts, they conduct rallies in solidarity with these groups to amplify their calls and protests for reform and assistance. They immediately found their footing in the Bicol region as they quickly launched a series of successful demonstrations in June throughout the various provinces.[1] Amidst the grievances being aired out was the unifying call to boycott the upcoming presidential elections. Many viewed the election as a sham, as very few believed anyone other than Marcos would win.
The Daet Massacre
A picture of a 1982 Situationer produced by the Bicol Concerned Citizens’ Alliance (BCCA), Task Force Detainees of the Philippines (TFDP) - Bicol Region, and Concerned Citizens for Justice and Peace (CCJP) on the Daet Massacre (note the year shown as 1982; the massacre actually occurred in 1981). Photo from the Bantayog ng mga Bayani Foundation.
This series of mass movements was supported by opposition parties, such as the nationwide United Nationalist Democratic Organization (UNIDO) and the local Bicol Saro. However, it also became increasingly visible for the locally stationed military forces. The KMTD was gearing up for simultaneous rallies on June 14, 1981, to protest against the elections and the duplicitous coconut levy fund scam. At the same time, the 242nd Philippine Constabulary (PC) Company was also preparing to stop the so-called “NPA-inspired” election boycott movement.[2]
On that day, several marches were staged in Albay and Camarines Sur; one was also planned in Camarines Norte. However, some 3,000 marchers on their way to Daet were intercepted and shot at by members of the PC. Four were killed and some fifty were wounded.[3] The soldiers asked the remaining survivors to kneel on the ground with their hands behind their heads. Perhaps the situation would have taken an even worse turn had it not been for Grace Vinzons-Magana, a KMTD coordinator. Vinzons-Magana shielded the fearful kneeling survivors with her body and pleaded with the military. The military relented, allowed the survivors to leave, and carried the wounded and dead to their vehicles to bring to the hospital.[4] Unfortunately, the tragedy did not end there.
This series of mass movements was supported by opposition parties, such as the nationwide United Nationalist Democratic Organization (UNIDO) and the local Bicol Saro. However, it also became increasingly visible for the locally stationed military forces. The KMTD was gearing up for simultaneous rallies on June 14, 1981, to protest against the elections and the duplicitous coconut levy fund scam. At the same time, the 242nd Philippine Constabulary (PC) Company was also preparing to stop the so-called “NPA-inspired” election boycott movement.[2]
On that day, several marches were staged in Albay and Camarines Sur; one was also planned in Camarines Norte. However, some 3,000 marchers on their way to Daet were intercepted and shot at by members of the PC. Four were killed and some fifty were wounded.[3] The soldiers asked the remaining survivors to kneel on the ground with their hands behind their heads. Perhaps the situation would have taken an even worse turn had it not been for Grace Vinzons-Magana, a KMTD coordinator. Vinzons-Magana shielded the fearful kneeling survivors with her body and pleaded with the military. The military relented, allowed the survivors to leave, and carried the wounded and dead to their vehicles to bring to the hospital.[4] Unfortunately, the tragedy did not end there.
Indignation
Jose W. Diokno (left) and Chino Roces (right). Digital images uploaded by the Bantayog ng mga Bayani Foundation.
KMTD chairman J. Antonio Carpio and Magana, along with Gov. Fernando Pajarillo, questioned the leaders of the PC as to what happened. The latter responded that their men only retaliated after someone from the crowd shot at them.[5] In the following days, newspapers carried reports that what happened in Daet that day was an encounter between the NPA and the military.[6] Enraged, Carpio wired President Marcos directly about what had transpired and demanded the relief of the perpetrators and an investigation into the massacre. A fact-finding team from Manila, led by none other than Sen. Jose W. Diokno and Chino Roces, arrived in Camarines Norte on June 20, to investigate the massacre and lend their support to the victims and KMTD.
The Case of Atty. Carpio and Vinzons-Magana
Before they could make headway in seeking accountability, however, Carpio and Magana themselves were arrested.[7]
The two were detained without formal charges. It was only after they had filed a petition for habeas corpus that the PC Regional Command V filed complaints against them. However, the main basis of their arrest was a presidential commitment order (PCO). This was issued by Ferdinand Marcos himself on June 26, supposedly on the grounds that their activities violated various laws. These included the Anti-Subversion Law (Presidential Decree No.885) and the production of propaganda pamphlets (Presidential Decree No.33).[8] Marcos wielded this new power thanks to Presidential Decree No.1936 and Letter of Instruction No.1125-A, both signed in early 1981, just months before the incident.[9]
Their court case was raised to the Supreme Court. They petitioned that their arrest was unlawful because, with Martial Law lifted, the powers of the president to issue arrest orders had been removed. However, the Supreme Court disagreed. It deemed the actions lawful and valid, “pursuant to the reservation of power under Presidential Proclamation 2045, exercised by the President on the strength of the evidence before him.”[10] This served as a clear display that the lifting of Martial Law, as many had perceived, was merely ceremonial. It was done just to install an illusion of change because Marcos ensured that he would still retain all of his powers afterward.
Support and Victory
This did not stop the outpouring of support for Carpio and Magana from friends and allies, though. Numerous petitions from human rights organizations, lawyer groups, and religious organizations were filed to call for their release. These friends and allies accompanied them all the way until July 30, 1981, when they were scheduled to attend the hearing of their petition. Representing them were some twenty lawyers, many of whom were from the Integrated Bar of the Philippines (IBP) and the Free Legal Assistance Group (FLAG). Sen. Diokno stood as their chief counsel.[11]
Ultimately, it may not have even been their legal defense team that proved key to the release of Carpio and Magana. In a poetic turn of events, it was the voices of their supporters and allies that pressured Marcos. These were people from the very sectors of society that they, as part of KMTD, represent and help. The numerous protests and petitions for their freedom culminated in Camarines Norte politician Marcial Pimentel securing a meeting with President Marcos. The latter relented and issued the order for their release a day prior to the hearing.[12] The two were formally released the next day after the court dismissed the petition moot and academic.
Significance
Photo of J. Antonio Carpio. Cropped from digital image uploaded by Bob Carpio.
This court victory was also a small victory in favor of jurisprudence in the protection of freedom of assembly, as the presiding Chief Justice Enrique M. Fernando commented that
“with the lifting of martial law, the people have a right to expect that reliance on the constitutional right to peaceful assembly would not be visited with adverse consequences… At the same time, zeal in the performance of the [Armed Forces’] duties cannot justify any erosion in the respect that must be accorded the liberties of a citizen.“
This partly alleviated the fears of citizens and the reckless abandon of military forces.[13]
Without skipping a beat, after their release, Carpio and Magana re-assumed their responsibilities with the KMTD. They continued to pursue a case and seek accountability for the victims of the Daet Massacre, which in itself, was another convoluted chain of events. The Daet Massacre could have largely been swept under the rug. The perpetrators of the massacre even sought to silence the very people trying to bring the case in the open and demand justice. As one would come to know later, the culprits behind the massacre were never duly punished. Nonetheless, the Daet Massacre was etched in the minds of many. Filipinos confirmed their suspicions that the Philippine situation did not change even after the supposed lifting of Martial Law. So they continued to fight the people’s revolution for years until they finally collectively wrested Marcos’s dictatorial control from his grasp.
This court victory was also a small victory in favor of jurisprudence in the protection of freedom of assembly, as the presiding Chief Justice Enrique M. Fernando commented that
“with the lifting of martial law, the people have a right to expect that reliance on the constitutional right to peaceful assembly would not be visited with adverse consequences… At the same time, zeal in the performance of the [Armed Forces’] duties cannot justify any erosion in the respect that must be accorded the liberties of a citizen.“
This partly alleviated the fears of citizens and the reckless abandon of military forces.[13]
Without skipping a beat, after their release, Carpio and Magana re-assumed their responsibilities with the KMTD. They continued to pursue a case and seek accountability for the victims of the Daet Massacre, which in itself, was another convoluted chain of events. The Daet Massacre could have largely been swept under the rug. The perpetrators of the massacre even sought to silence the very people trying to bring the case in the open and demand justice. As one would come to know later, the culprits behind the massacre were never duly punished. Nonetheless, the Daet Massacre was etched in the minds of many. Filipinos confirmed their suspicions that the Philippine situation did not change even after the supposed lifting of Martial Law. So they continued to fight the people’s revolution for years until they finally collectively wrested Marcos’s dictatorial control from his grasp.
#WeRemember
As such, #WeRemember that Ferdinand Marcos was once pressured by the people into releasing Atty. J. Antonio Carpio and Grace Vinzons-Magana, two activists and human rights defenders, from their unjust detainment. In a genuine demonstration of solidarity, the very same people whose voices Carpio and Magana aimed to amplify, in turn, lent their voices to the two. This serves as an example that the people’s collective will to pursue truth and justice is indomitable, a lesson we carry in pursuit of the same today.
Footnotes
[1] Soliman M. Santos, Jr., Heart and Mind in Bicol, 1975-1993 (40 Selected Activist Writings) (Printed in Pasig: Oragon Publications, 1994), 100-101.
[3] “Massacre in Camarines Norte,” in “1982 Situationer,” Bicol Concerned Citizens’ Alliance, Task Force Detainees of the Philippines – Bicol Region, and Concerned Citizens for Justice and Peace, 1982, 14-15, accessed through the archives of the Human Rights Violations Victims’ Memorial Commission.
[4] Claimants’ affidavits (Case Nos. 2014-5D-00728, 2014-5D-00741, 2014-5D-00742, 2014-5D-00743, 2014-5D-00928, Quezon City, 2014); “Alcantara, Jose Esteban,” Bantayog ng mga Bayani, July 6, 2015, accessed June 10, 2021.
[5] Heart and Mind in Bicol, 102.
[6] Pumipiglas: Detention and Military Atrocities in the Philippines, 1981-1982 (Quezon City: Task Force Detainees of the Philippines, 1986), 96-97.
[7] Ibid., 97; Heart and Mind in Bicol, 102. Ironically, they were arrested by the same people they had sought to be relieved. Moreso, Magana was initially detained at Camp Vinzons, named after Wenceslao Vinzons, the veteran war hero and her own grandfather.
[8] G.R. No. L-57439, “J. Antonio M. Carpio and Grace Vinzons-Magana, petitioners, vs. Lt. Col. Edgar Guevarra, as Camp Commandant, Camp Bagong Ibalon, Regional Command V, respondent,” The Lawphil Project, August 27, 1981, accessed March 30, 2023.
[9] “Presidential Decree No. 1836, s. 1981,” Official Gazette, January 16, 1981, accessed March 30, 2023; “Letter of Instruction No. 1125-A, s. 1981,” Official Gazette, May 25, 1981, accessed March 30, 2023, . Both allowed Marcos to issue commitment orders, originally provided for in Presidential Decree No. 1836, even without the state of martial law or the suspension of the privilege of the writ of habeas corpus.