For the primary time, the authorized points surrounding murdered New Zealand expat Simon Rawlinson will be revealed.
The 63-year-old was gunned down on Wednesday (July 26) in Naval, on the island of Biliran.
Two males, the suspected gunman and lookout, have been arrested, whereas the motorbike driver continues to be at massive.
Following a touch upon the PLN web site, we revealed that Mr Rawlinson — the third foreigner to be shot lifeless on the island in latest occasions — had been embroiled in a protracted dispute with native authorities figures.
PLN can now completely publish a letter despatched by Mr Rawlinson to the Ombudsman for the Visayas in May, which describes his authorized disputes and the friction between him and native authorities figures.
While there is no such thing as a proof that any of those points have been associated to his assassination, the letter paints a poignant image of a person discovering himself apparently shunned and despised by his area people.
In it, he counters quite a lot of allegations towards him, together with that he “hurled” a stone, “boxed” a boy and splashed him with chlorine, “barricaded” a barangay street and was a “transient”. Using extremely legalistic language, and citing worldwide legislation, he refutes these accusations.
He additionally takes difficulty with a call to declare him “persona non grata” and have him “ousted” by police. Again, citing worldwide legislation such because the ‘Vienna Convention on Diplomatic Relations’, he argues that that is illegal.
The letter additionally shines a light-weight on how his relations with village officers had deteriorated past restore.
On one event, he clashed with a barangay councillor over the set up of a fence on his property. The encounter ends with the official telling him to “go home to New Zealand”.
On one other event, he clashed with the barangay captain whereas shifting stones on the seashore, which he says was “belated” clean-up work following Cyclone Yolanda. This encounter culminates with the captain telling him to “get fucked”.
The letter additionally reveals that native authorities had circulated a petition containing allegations towards Mr Rawlinson, which had been signed by a lot of his neighbours. Details of the petition usually are not identified.
In conclusion, Mr Rawlinson requires the wholesale sacking of barangay officers — whom he describes as “people of such detestable behaviour” — including that the barangay captain must be “heavily sanctioned” as punishment.
Here PNN can completely reveal his letter to the regional authorities watchdog in full:
The Office of the Deputy Ombudsman for the Visayas
Tacloban Regional Office
three/F Yuhoo Building
I, Simon John Rawlinson, 63 years previous, of New Zealand nationality, resident of Barangay Bato, Maripipi Island, Biliran,
do solemnly SWEAR:
I’ve had Attorney XXX representing me from my first data of this matter.
Through utility to the DILG [Department of the Interior and Local Government] (as I perceive it) he was proposing to put the Barangay [village] Captain and Council earlier than the Sangguniang Bayan [municipal authorities – “SB”], undoubtedly in reliance on LGC, s.61 (c)
He solely lately furnished me with a duplicate of his submissions. He knowledgeable me that ready for a response from the DILG, was the rationale for the greater than 6 month delay. This motion was taken by him with out instruction or, certainly, my data. On being handed his submissions, I knowledgeable him that the SB couldn’t hear the case as a result of they may not meet guidelines of equity and I might subsequently be putting the matter earlier than the Ombudsman. He stated I couldn’t do this, telling me the Ombudsman didn’t have jurisdiction over the Barangay and that she would affirm that.
I identified to him in an electronic mail, referencing the related laws and emphasising the wording, that there lay concurrent jurisdiction. In a following electronic mail I acknowledged that if he had no defence to the notion of concurrent jurisdiction, my instruction to him was to arrange a criticism to the Ombudsman.
His failure to arrange a criticism (him nonetheless insisting it’s put earlier than the SB), has pressured me, sadly, to convey this matter to the eye of the Office of the Ombudsman myself.
I’ve solely signed one doc in relation to this matter. I imagine that was in regard to what’s known as “forum shopping”.
The Municipal Council most actually have NOT been given jurisdiction over this matter by me.
This is an ADMINISTRATIVE criticism towards Maripipi Island – complete Barangay Council of Brgy Bato, the complete Municipal Council, any of Five signees from the “Ethics Committee” not on the Municipal Council, and the Mayor.
It is generally regarding the subject material of a Resolution the Barangay Council introduced towards me.
The paperwork, which I’m unable to connect, communicate for themselves. There is little I can add, besides inform you what I do know and what I don’t know.
THE RESOLUTION :
“Persona non grata”
The Resolution declares me “persona non grata”. I do know declaration of “non grata” is a provision of Vienna Convention on Diplomatic Relations and, I do know that it was ratified by the Philippines, subsequently, I do know it can’t be a function of Philippine Domestic Law.
“ouster by the PNP”
The Resolution “resolves” that I be oustered by the PNP [Philippines National Police]. I do know that by International Covenant on Civil and Political Rights I’ve freedom to decide on the place I stay, and I do know that by our Constitution I will be faraway from that alternative, SOLELY, by Court Order.
THE ALLEGATIONS (contained within the Resolution) :
“hurling a stone”
I used to be given no alternative, by anybody, to defend that allegation earlier than being discovered responsible. I do know that the International Covenant on Civil and Political Rights states I’m entitled to a good listening to.
“box him and splashed with Chlorine”
Again, I’ve been given no alternative by anybody to defend that allegation .
In a letter to the Barangay Captain, – copy will be emailed on request – I accepted that the boy acquired chlorine/water combination on him, however I knowledgeable the Captain it was merely unintended.
I didn’t handle the “boxing” just because I didn’t know something about it. The Barangay Captain, towards my protests, refused to inform me what the allegations towards me have been.
I ought to make clear ;
The boy laid a criticism with the Barangay, however withdrew it earlier than it was heard; my letter was really a request for a keep within the continuing as my witness was unavailable on the scheduled date.
“barricade of Barangay road”.
The Barangay Captain was knowledgeable NUMEROUS occasions by me, on the time I closed my path, that it was not a Barangay street, however a path on personal property that I bought, informing him it was titled in a single 7610 sq. meter lot.
When I requested him whether or not he held any paperwork to assist his rivalry it was Barangay he replied, “We hold no documents whatsoever”. I then requested why then he believed it to be a Barangay street. He replied “because we put it there”.
I instructed him that that made it a street the Barangay put there, not a “Barangay Road”. I additionally knowledgeable him, given what I had instructed him, that he might now not declare it to be in Barangay possession.
Yet, that very same allegation is made within the Resolution, with none reflection of a factual foundation, and, once more, no listening to to find out the matter.
That we’re each “transients”.
I’ve lived in the identical home for five years. Florida [Mr Rawlinson’s fiancée] shifted from Manila to stay in that home with me for final two of these 5 years. She has a doc, signed by the Barangay Captain confirming she is a “bonefide resident” of Barangay Bato. If Florida is deemed to be a “resident”, then I actually should be.
Given the above, this allegation presents as malice as nicely.
THE COURSE OF THE BARANGAY RESOLUTION :
The Barangay Resolution informs the reader that it was forwarded to the Mayor and Sangguniang Bayan (underneath separate cowl) searching for, inter alia, “guidance”.
A few weeks in the past, the Mayor made a go to to my dwelling with the request that I not pursue those that had wronged me.
At that point, I requested the Mayor whether or not he was conscious that the Constitution acknowledged I might solely be eliminated by Court Order. He replied he was conscious of that provision.
Therefore, I have no idea why he didn’t present the NECESSARY “guidance” to the Barangay OR cease the decision when it was first positioned on his desk.
I ought to add; once I refused the Mayor’s request, he made the veiled menace that he “could” (not would) enable the Resolution to proceed. I ended our dialog by replying “What you do Mayor is as much as you, and what I do is as much as me, however should you do this I WILL convey a case towards you. “
I have no idea why one, or extra, of the Sangguniang Bayan members didn’t present the NECESSARY “guidance” the Barangay requested, OR put a halt to the method themselves.
I have no idea who made the choice to alter the Barangay decision to “provisional” and order it’s investigated by the 5 who declare to have investigated it.
I’ve not seen the transcript of the “Ethics Committee” assembly, however I have no idea how it’s doable that FIVE individuals discovered a Resolution, which is neither lawful, nor constitutional, nor any of the allegations subjected to due course of, nor any single allegation sustainable, to have “merit”; IT BOGGLES MY MIND.
It was round this time that the allegations, within the type of a petition, have been taken round to all of the adults in Bato and people individuals FORCED to learn them earlier than signing (or not).
It isn’t identified who concocted this course of, nor, certainly, the rationale why these allegations – really fables – have been circulated. This course of presents as a deliberate try to break each Florida’s and my fame: libel.
I do not need a duplicate of that petition, however the Mayor knowledgeable me he has a duplicate, and, little question, the Barangay nonetheless maintain the unique.
It was about this time the method was stopped. Atty XXX claiming to me it was stopped by the Mayor at his insistence. (XXX can also be the Mayor’s Attorney) The Mayor made the declare to me that he stopped it on his personal advantage.
Although Atty XXX consistently lies (I HAVE reprimanded him) I imagine the proof helps his declare.
FURTHER UNACCEPTABLE BEHAVIOUR BY THE BARANGAY CAPTAIN.
Admittedly belatedly, I’ve been repairing harm on the seashore and my path attributable to Cyclone Yolanda.
The lot I stay on is beachfront, past the boundary, foreshore. I had two employees serving to me, one shifting stones from one place to a different and the opposite accumulating stones to make concrete.
First, the Barangay Captain referred to as my employee who was accumulating, and he instructed him to gather the stones from “further along” the seashore. There doesn’t seem like a sound cause for that directive.
Later he referred to as my different employee, who was shifting, telling him that he couldn’t shift stones underneath Barangay ordinance.
Shortly thereafter, I visited the Barangay Captain at his home. I knowledgeable him he had no authority to give instruction to the workers of one other and that if there was an issue, that wanted to be addressed to the employer. I then requested him what the issue was. He stated they’d an “ordinance” that prevented me from shifting stones on the seashore. I requested him to inform me what the ordinance acknowledged. He couldn’t. I requested him whether or not it was written in English. He stated it was. I requested to see it. “next week” he stated. I instructed him I needed to see it proper then. (my employees had refused my ‘counter barangay captain’ directions )
The dialog ended by him telling me to “get fucked”, as he walked away.
I have no idea what the Barangay Ordinance says, however, I do know that, pursuant to LGC, s.138, the provincial Governor has unique jurisdiction over the subject material.
AND YET MORE……
Just lately, I used to be fencing the street boundary on the lot throughout the street from the place I stay that I had bought.
Council member, Lolita Infornon made a criticism to the Barangay Captain. He accused me in entrance of quite a lot of individuals of “stealing government land” . I knowledgeable him that , simply a number of days beforehand, I had all boundary traces I meant fencing surveyed, pointing to the 2 new boundary markers very near the place he stood. I provided to indicate him a duplicate of the plan of that survey. He refused my supply, telling me to “go home to New Zealand” . Of course, NZ isn’t “home”.
He instructed my employee to cease working for me or he would “go to jail” with me. My employee walked off, solely returning after the responsibility police officer, Stephen Betonio , instructed him by phone he ought to take his directions solely from me.
I’m unaware that I’ve executed something incorrect. Quite on the contrary, I spent PHP 20,000 on a survey TO ENSURE my fencing was within the right place. I even checked the surveyor’s plan with plans held on the Municipal to ensure correctness. I additionally had my employee accompany the surveyor always so, within the occasion of issues , he might attest to the right positioning of the boundary markers.
I seemed up the street and stated to Alan (my employee), “everyone else is allowed to fence their property, why aren’t I?”. “I don’t know” he replied questionly [sic].
SPO2 , Stephen Betonio, cell XXXXXXX, instructed me Council member, Jose Agumbay, frantically waved him down whereas driving by. He requested Stephen to cease me fencing.
Stephen instructed me replied “why, he is not doing anything wrong?”.
And that’s the query, why can’t I shift stones on the seashore and fence my property like many others do?… there’s a particular PATTERN of orchestrated malicious behaviour.
WILFUL DERELICTION OF DUTY:
Shortly after my survey I went and noticed the Barangay Captain and I instructed him I needed to convey my neighbour earlier than the Barangay. He requested me what it was about. I instructed the Captain I needed to fence, however he had his “stuff” in the way in which and I needed him to shift it. “Take it to the Court in Bongto” he stated. I instructed him I couldn’t do this as a result of he had main jurisdiction* over that matter .
He once more refused to just accept my request. I walked away in disgust.
*LGC, s.410 /412
NECESSARY ACTIONS ;
First and foremost, investigation must be undertaken to elicit the required data that’s not identified; these issues expressed within the above textual content underneath the heading, THE COURSE OF THE BARANGAY RESOLUTION. Only then can acceptable motion be meted.
Notwithstanding the forgoing, I imagine the necessities of Justice dictate that the Barangay Captain, the complete Barangay Council and the 5 who “adopted and endorsed” the proposed decision, claiming it had “merit”, be faraway from Public Office and eternally forbidden from holding such place sooner or later.
By all means, give them an opportunity to have their say, however the main proof is overwhelming; Abuse of Public Office, Multiple deliberate breaches of the Constitution. Their elimination being needed, not for punishment, however for the safety of our fellow human beings.
Additionally, a rustic can’t make use of individuals of such detestable behaviour as public servants after which count on its inhabitants to behave correctly. That is neither honest, nor reasonable.
A Civil Servant ought to current with behaviour worthy of emulation by the inhabitants, nothing lower than exemplary is suitable.
Justice additionally calls for that the Barangay Captain not solely be faraway from workplace, however additional closely sanctioned, for punishment.
The particular person/s (as but unknown) who ordered that the Barangay Resolution be despatched to the 5 for investigation must be eliminated for Abuse of Public Office, Deliberate breaches of the Constitution; elimination for a similar cause.
The particular person/s (as but unknown) who ordered that the allegations be taken round to all of the adults in Barangay Bato must be eliminated for Abuse of Public Office, Deliberate breaches of the Constitution; elimination for a similar cause.
The remaining individuals (if there are any) haven’t carried out their responsibility to the usual required of a Civil Servant. They are in all probability merely responsible of Negligence. They ought to retain their positions, nonetheless, they need to obtain reprimand.
IF it was the Mayor who ordered the Barangay Resolution to be investigated, I imagine the necessities of Justice dictate that he shouldn’t solely be faraway from workplace, however sanctioned to the allowable most, once more, for punishment.
This motion, initiated by the Barangay, has destroyed Florida and me as being a part of this Community. Twice our gates have been smashed. We are picked on and ridiculed. Florida is adamant that we should depart. She is, after all, right, the harm to us not being repairable.
While the Barangay could have didn’t have me bodily eliminated, by way of the employment of the mix of abuse, malice and libel, they’ve succeeded of their objective to see me outed from the group.
Simon John Rawlinson
SUBSCRIBED AND SWORN earlier than me this …………. day of May 2017
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