04 April 2011 Another union leader in Cavite murdered. Workers suspect of management involvement.
Dear Friends,
The Worker’ Assistance Center (WAC), Center for Trade Union and Human Rights (CTUHR), and the Solidarity of Cavite Workers (SCW) calls on everyone to take action with regards the murder Celito Baccay, a union leader in a steel factory in Dasmariñas, Cavite province. Baccay was killed while driving his motorcycle on his way home after his work shift last March 8, 2011. A fact-finding team composed of staff of the CTUHR, WAC, and members of the SCW found out that Baccay’s killing could be union-related. The team also discovered that continuing threats to security of his co-unionists prevent their union activities to take place.
Case details (Based on the Fact-finding mission report of CTUHR, WAC and SCW) Please note: Some Identities of the witnesses and workers withheld due to fear of retaliation from the perpetrators. Their names were changed.
At around 10 pm of March 8, 2011, Celito Baccay, board member of MAGIKWO (Maeno-Giken Workers Organization), went out of Maeno Giken Inc. plant in the First Cavite Industrial Estate (FCIE) in Dasmarinas, Cavite after working overtime. Riding his red Honda Wave motorcycle, he took his usual route eastward going to his home at Carmona Cavite. He drove along Governor’s Drive with two other co-workers, Alpha and Bravo who were also on board another motorcycle. At approximately 10:20 p.m. Baccay passed the Baranggay Langkaan 1 Bridge of the Governor’s Drive, more or less one (1) kilometre away from FCIE. Alpha and Bravo then heard a motorcycle crash behind them. Knowing that Baccay was behind, they stopped and checked for his condition. They then saw Baccay and his motorcycle crashed at the sidewalk of the opposite lane approximately 50 meters away from the bridge. Alpha then immediately called through a cellular phone co-worker Charlie. At that time, the Alpha and Bravo presumed that it was just a common motorcycle accident since they didn’t notice any gunshot wound or hear any gunfire. Charlie who is staying outside of the FCIE compound flagged the company transport service vehicle (Hyundai Starex van) full of co-workers to ask for help. They arrived at the scene and saw Baccay lying on the ground unconscious. They immediately rushed Baccay to the De La Salle University Medical Center (also in Dasmariñas) where he was immediately treated.
Baccay arrived with vital signs at the hospital but was did not survive. He was then declared dead by his attending physician at around 10:45 p.m. It was in the hospital that the workers discovered that Baccay was assassinated when police officers came and told them.
At the scene of the motor crash, PO2 Aaron Abesamis and PO2 Figueroa of Dasmariñas Police (PNP) conducted initial investigation. According to PO2 Abesamis, they responded at the incident after the village police (Baranggay Tanod) of Baranggay Langkaan requested their assistance. In a Baranggay blotter dated March 8, 2011, the Baranggay police accounted that they heard gunfire at 10:30 p.m. They then immediately went to the area where they heard the gunfire and saw Baccay’s body beside a Honda Wave motorcycle with plate # 7937 PU.
The police blotter showed that the responding police officers found one (1) empty shell of .9 mm calibre pistol while one (1) deformed bullet slug of the same firearm was found inside Baccay’s jacket. As of March 22, 2011 PO2 Abesamis said that a follow-up investigation is yet to be made. Baccay’s remains were examined for autopsy immediately after the incident but the result is not yet available.
Most people in the area denied any knowledge of the incident simply claiming that they heard gunfire during that night. Co-worker Alpha and Bravo accounted that they never observed any vehicle that passed through them when they turned back to see Baccay. It appears that no eyewitness could completely determine the identity of the perpetrators.
Fellow unionists of Baccay however suspect that the Maeno Giken Inc. management is behind the killing. According to them, they cannot recall any other enemy of Baccay except the Maeno Giken management and that it has sole motive of killing Baccay because the management does not want to recognize their union and is doing everything to destroy the union. The management is also aware that Baccay is one of the most staunchest leaders of the union.
Also, various incidents and circumstances involving Baccay and Gart Dennis Melchor, Maeno-Giken Vice president for operation had prompted the workers in thinking that Melchor could have had knowledge on Baccay’s killing. The workers strongly believed that the previous unpleasant events between Baccay and Melchor could be related to the killing.
Further data gathering done by the SCW to get witnesses on Baccay’s killing revealed that on March 8 at around 10:30 p.m., according to Lima, son of the former village chief of Barangay Humayao, he was at the Balayong Bakery (situated at the road entrance of Barangay Humayao) about 120 meters from the site where Baccay was found shot and wounded, when he heard two gunshots and suddenly a speeding motorcycle with two persons on board appeared and passed in front of him. The said motorcycle traversed the Barangay Humayao road.
Also, a speeding motorcycle with two persons on board before 11:00 P.M. was seen by some residents of Barangay Humayao, who refused to be identified. These people live near the back gate of FCIE. According to them, the two on motorcycle went directly to the gate of FCIE.
Circumstances Before the Incident At 9:00 a.m. of March 8, few hours before Baccay was killed, a heated argument between him and Human Resource Manager Annaliza Melchor (wife of Gart Dennis Melchor) occurred. The argument started when Baccay tried to defend co-worker Delta who was being forced by Melchor to sign a memorandum accusing the co-worker of not wearing the complete PPE (Personal protective equipment) during duty. Baccay ordered Delta not to sign the memorandum. This irritated Melchor which then accused Baccay of tolerating his co-workers' misconduct. Baccay insisted that Delta did not violate any policy because he saw Delta wore his complete PPE during the day he was accused of not wearing it.
On March 7 at 6:30 a.m, a day before Baccay’s murder, Gart Dennis Melchor went out of the plant and talked to a worker Noel Manicio at the company’s parking lot. Melchor then pointed at two red motorcycles while still talking to Manicio as if they are talking about it. About 15 meters away, Honorio Antonio Jr., union’s PRO, saw them but could not hear what the two are discussing. Antonio went inside the company’s locker room and saw Baccay standing near the window while staring outside. Antonio approached Baccay, and he was told by the latter that he (Baccay) was there for several minutes already watching Gart Dennis Melchor and Manicio outside. Baccay then jokingly told Antonio, “Pare pustahan tayo, motor ko ang hinahanap ni Garto.” (I bet that Gart is looking for my motorcycle).
On March 10, two days after Baccay was killed, Antonio asked Robert Tugunon, union’s treasurer, to approach Manicio and to inquire what he and Gart Dennis Melchor were talking about about last March 7 in the parking lot. Manicio told Tugunon that Gart Dennis Melchor was aking him how to get a sticker (vehicle gate pass) for FCIE’s back gate in Barangay Humayao. Manicio is living in Barangay Humayao.
Asked further by Tugunon, Manicio said that Gart Dennis Melchor was asking him who were the owners of the two red motorcycles. Pointing to the first red motorcycle, he said that it is owned by a certain Lowel Agnes, the union’s vice president. Gart Dennis Melchor again asked who owned the other one. Manicio replied that it is Baccay’s motorcycle.
Leonila Baccay, Celito Baccay’s wife, also reported that the management seemed to be angrier towards her husband lately when he turned down a promotion offer. The management offered Baccay the position for a company team leader but he declined the offer because he knew that it would disqualify him from being a union leader and a union member. Leonila said that “Si Bucks (Celito Baccay’s nickname) ay ang taong naninindigan sa prinsipyo niya” (Bucks is the type of person that is steadfast to live with his principles).
Workers of Maeno Giken Inc. also claimed that harassment against them heightened when they organize the union. They narrated that Melchor is the most strict and rigid among all management officials against the unionists. He despises the union so much. The workers also described him as assertive and intimidating. They felt alarmed about Melchor’s attitude of bringing his firearms often, cleaning and loading the pistols with bullets, at the workplace. The workers are also aware of Melchor’s connection with the army and police officers because he is a gun enthusiast and a member of a gunners’ club.
Baccay, according to the workers is the archrival of Gart Dennis Melchor inside the workplace. Melchor’s dominant attitude clashes with Baccay's adamancy. According to the workers, Baccay is the only one who can resist Melchor’s authority.
During the height of the certification election campaign last August 2010, Gart Dennis Melchor also dissuaded the workers from voting for the union. Some of the workers recalled Melchor’s announcement to the workers during a company general assembly: “hindi ako mangingiming mag-laglag ng ilan sa inyo (I will not hesitate to eliminate some of you). The workers believe that the announcement is the threat of the Maeno Giken management to those who campaign in favor of the union.
When MAGIKWO lost in the certification election over a No union choice last September 17, 2010, the workers' conditions reportedly worsened. All known union supporters and officers including Baccay reported to have experienced anti-union discrimination such as excessive implementation of disciplinary actions and malicious transfer of their work assignments. Also, after the said date the management duplicated the programs and services being provided by the union to dissuade other workers from seeking help from the union. But despite its loss, the union has continued to exist defending the workers inside the company from abuses.
Co-worker Oscar also narrated that Baccay was frequently being hounded by men in a motorcycle every time he went home after his work shift from the month of September to November 2010. The hounding temporarily stopped when Baccay was assigned to work for Terumo Corp. from November to December to isolate him from the other workers. During the past months, Oscar also reported that Baccay was frequently being insulted by company president Shinichiro Maeno, and Gart Dennis Melchor.
Other workers were not spared by intimidation and harassments. Oscar himself narrated having experienced some form of surveillance and intimidation when in September 19, 2010 around 10:0 a.m, two strange men riding on an unregistered motorcycle, wearing helmets, motorcycle jackets and dark pants passed at his house somewhere in Cavite twice while looking inside. Another group of strange men were observed staying near the house of co-worker Romeo also in Cavite. Those men were reportedly asking information about the worker.
About the Victim
About the Company Maeno Giken Inc. is a Japanese owned company operating inside the First Cavite Industrial Estate (FCIE) in Dasmariñas Cavite. It has a total workforce of 100 where 90 are rank & file workers. The company manufactures steel structures and parts of heavy equipments like container crane, fuel and chemical tanks. Their products are used locally by different Japanese-owned companies while half of their products are exported to Japan. Today the company is headed by Shinichiro Maeno as the President while Gart Dennis Melchor is the Vice-President for Operations.
Suggested Actions: Please write letters to the authorities below asking for: 1. An immediate, impartial and more thorough investigation on the murder of Celito Baccay be carried out; 2. Immediate filing of complaints on criminal court to bring the perpetrators to justice; 3. The families and co-unionists be indemnified; 4. An investigation on the reported harassments and surveillances on leaders and members of MAGIKWO; 5. Necessary and prompt steps to protect the right to unionize of the workers in Maeno Giken Inc; 6. And, write a letter to the Maeno Giken Management urging them to recognize the MAGIKWO and to negotiate for a collective bargaining agreement (CBA) with the union and terminate its Vice President for Operations Gart Dennis Melchor from the company due to his hostile attitude towards workers and in order for the union to thrive. Send your letter to:
Kindly send your letters to:
His Excellency Benigno Simeon C. Aquino III President Republic of the Philippines Malacanang Palace JP Laurel Street, San Miguel Manila 1005 PHILIPPINES Fax: +63 2 736 1010 Tel: +63 2 735 6201 / 564 1451 to 80
Ms. Loretta Ann Rosales Chairperson Commission on Human Rights SAAC Bldg., Commonwealth Avenue U.P. Complex, Diliman Quezon City PHILIPPINES Fax: +63 2 929 0102 Tel: +63 2 928 5655 / 926 6188 E-mail: chair.rosales.chr@gmail.com
Director General Raul Bacalzo Chief, Philippine National Police (PNP) Camp General Rafael Crame Quezon City PHILIPPINES Fax: +63 2724 8763 Tel: +63 2 726 4361/4366/8763 E-mail: ruth_cossid@yahoo.com
Honorable Leila de Lima Secretary Department of Justice (DOJ) DOJ Bldg., Padre Faura 1004 Manila PHILIPPINES Fax: +63 2 521 1614 E-mail: soj@doj.gov.ph
Hon. Rosalinda Baldoz Secretary Department of Labor and Employment 7/F DOLE Building, Intramuros Manila NCR 1002 PHILIPPINES Tel: +63 2 527 2131 E-mail: secrdb@dole.gov.ph
Atty. Lilia B. De Lima Director-General Philippine Economic Zone Authority (PEZA) Office of the Director-General 6/F PEZA Bldg. , Roxas Blvd. Cor. San Luis St. Pasay City Tel: (+63 2) 551-34-54 to 55 Fax: (+63 2) 891-63-80 Email:dglbl@peza.gov.ph
Kindly furnish us a copy of the mails you will be sending to the authorities. For CTUHR send it to pie.ctuhr@gmail.com or to our mailing address Rm 702 Culmat Bldg. 126 E. Rodriguez Avenue, Quezon City 1102 Philippines. You can also fax it thru +632.411.0256.
For WAC, send it to wacphilippines@yahoo.com.ph, or you can fax it at +63 46 438.4736. And for SCW, send it to scw_pilipinas@yahoo.com
Thank you very much for your support. Union organizing is a right not a crime. Defend Trade Union Rights, Protect the Workers. Stop the killings! Uphold Freedom to form Unions!
Sincerely,
Workers Assistance Center, Inc. Center for Trade Union and Human Rights Solidarity of Cavite Workers
Posted April 6, 2011
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