Yesterday morning, I got a letter from someone who introduced herself as Josie Studer. She is a Filipino-American, based in the United Sates but comes home often to her parent’s hometown in Hernani. Eastern Samar.
She was asking help for the release of her 68-year old mother who was arrested last June 26 as she was coming out of the church in their town. Since then her mother, Josephine Rodriquez Mckee, has been staying in jail in Borongan, Samar.
Part of Ms Studer’s letter:
“My mother suffers from a heart condition that is supervised by her doctor in U.S. At the request of friends and family, Gov. Nicart (Eastern Samar Governor Conrado Nicart Jr) sent a physician and ambulance to assess her. Her blood pressure index was recorded three times to be 170/110. The doctor sent written recommendation for medical attention via the jail warden to Judge Cesar Abit. The judge denied her medical treatment.
“It has now been five days without medical attention. This is an extremely dangerous situation because her condition makes her a candidate for a stroke.”
I talked with Ms Studer over the phone and she said her mother stays in something like a courtyard in the Borongan jail.
Her mother is an American citizen and she would be bringing her case to the U.S. Embassy tomorrow because today is a holiday.
Ms Studer said the warrant of arrest served to her mother stemmed from a case in 2006 over two sacks of palay. But she said there’s really more to it than the two sacks of palay. She talked about land dispute and corruption of government officials.
We will have to look more deeply into the background of the case but meanwhile here’s what Ms Studer gave me about a brief background of her mother:
“In 1965, Josefina Rodriguez affectionately known as Penny, a Filipino national met and married James McKee. Mr. Mckee was enlisted in the U.S. Navy and stationed at the Subic Bay Naval Base, shortly after the death of their second child, the family were stationed back to the United States where Penny soon gained her United States Citizenship. Together they worked diligently, and by 1976 their goal to bring Penny’s family to include her mother, three brothers and one of her three sisters to the U.S. had been accomplished.
“The two worked hard to raise their family and save their money in order to build a home on ancestral land of the Rodriguez family in Hernani, Eastern Samar. In 2006 that dream became a reality.
“Since 1991 the couple had made several visits back to Hernani. As devout Catholics they enjoyed the ability to help sponsor the Town Fiesta of Our Lady of Seven Dolores and feel blessed to be able to entertain the visiting Priest and Bishop in their residence. Penny often sends those much anticipated and anticipated Balakbayan boxes filled with food, general medical supplies, household goods and clothing to family and friends.
“ When the town persons learn of her return they flock to her home with greetings, well wishes and requests for food and financial assistance; the family tries to meet their needs as best as they are able and at times have purchased as many as ten sacks of rice to be distributed.
“While touring properties in 2006, Penny was warmly greeted by a tenant of the rice field they were visiting. Prior to the tenancy, Penny has fond memories of her entire family gathering for planting and harvesting that field. In the center of the field the family built a hut, there they would take their rest and the meals that were prepared by her Spaniard aunts. Singing and stories of the past would be shared as her father strummed the guitar. The tenant also recalled that as a child she remembers that the Rodriguez family placed her father as the original tenant. As a show of gratitude the tenant offered two sacks of Palay from the tenants share.
“So it came as a complete surprise to the four cousins that they were being charged with the theft of those two sacks of palay. That parcel of land is one of many that are considered by the descendents of Juan and Filipa Rodriguez (Penny’s grandparents)as non-partioned ancestral land that had been Administered by Conception Rodriguez Rey, the youngest sibling of Penny’s father Vicente.
“The case of ‘Theft’ was filed with the Prosecuting Attorney’s Office of Borongan by a Cosme Tiiu Sonco who claims that he and a Domecilio Natividad are the owners of the property. Their claim is supported only by a Deed of Sale from a Manuel and Susan Quimbo. There is no documentation on record of a Transfer of Title, nor has the sale been reported to the BIR for the purpose of capital gains tax and clearance, and no application has been made with the Registrar of Deeds.
The case was heard by the Circuit Court in the Chambers of Judge Cesar Abit. Trial dates where set and Mrs. McKee returned from America for each one, only to be told that they were being rescheduled. The case was dropped for lack of interest on behalf of the Complainant.
“Mrs. McKee returned to Hernani on June 17, 2011. On June 20th the Hernani Municipal Police approached Mrs. McKee on one of the family farms and with a Warrant of Arrest, to which Mrs. McKee presented a copy of the Motion for Review from the Court of Appeals, a copy was furnished to the police for their records, they returned the WoA with documentation to the issuing court with no arrest.
“ On Sunday, June 26th upon exiting Church after morning service Mrs. McKee was again approached by the police and given an Alias Warrant of Arrest, escorted to the police station where she awaited the arrival of the Chief of Police, Chief R. America. She was told that Judge Abit only wanted to review her documents and she was taken by patrol car to his personal residence. Mrs. McKee was then asked to wait in the car while the Chief of Police entered the home of Judge Abit. A few moments later the Chief of Police returned with an order for Commitment on Final Sentence. Mrs. McKee was then taken to the BJMP, Borongan.”
I talked with Eastern Samar Rep. Ben Evardone, a former Malaya colleague. He asked that Ms Studer or any member of the Rodriguez-Mckee family come to his office in Borongan so he would know what help he can extend to Mrs. Mckee.
Ms Studer is a little bit wary about Evardone because she said the person who filed a case against her mother in 2006, Cosme Tiu Sonco, is a known supporter of the congressman. But I told her that this is a challenge to Evardone to render justice to his constituents regardless of political affiliation and contribution.
Kawawa naman si Mrs.Mckee.
To think that Tourism Secretary Lim is in the U.S. enticing Fil-Americans to be balikbayan. And here’s one who came home and landed in jail. She must be regretting she came home for a visit.
@Becky, yan nga ang malungkot. Matagal pa siguro aasenso ang PH kung ganyan ang asal ng mga govt officials natin. I’m pretty sure this is not an isolated case. Madami pa similar stories na di na media.
Baka naman may kasamang kikilan na naman yan. The villains will try to extort more money from the famly. That is their “other income”.
By the looks of it, this is not just a family feud. It is another way of “making extra income” by those in cahoots with the opposing party to make a “deal”. Money tchanging hands for her release. napakababaw ang dalawang sakong bigas. There is more to the story than the rice.
How can the Philippines attract more retirees to the Philippines kung ganyan ang kalakaran.
When was the case dropped for failure to prosecute? If it was more than sixty days prior to her arrest, that would have been a final order.
Generally, a dismissal for failure to prosecute is considered one made on the merits.
Dobule jeopardy na kung binangon pa muli. She can file a petition for a writ of habeas corpus. It can be done by mere letter to the CA. Formalities are dispensed with in urgent cases. I recommend the CA, para walang hometown decision.
Diabolocal, satanic, evil….. So incredibly evil are those people who had conspired against Mrs.MacKee. Her case gives the impression that no one in the Philippines is safe from those in power who know the ways of evil. Grabe
SnV, I was informed just now that the daughter at this moment at the Court of Appeals.
Looks like a simple case of land grabbing. Some people just wait at the municipio looking for properties whose taxes have not been paid. Happens frequently in the provinces with absentee landlords or owners and the land was probably sold by the tenant. Someone powerful is interested in that land. With close to 100 million people, land is getting scarce in our small country. You should always be on guard if you have properties especially if it is an agricultural land. Ang pera ay nasa lupa pa din lalo na ngayon na dumadami na ang tao.
This reminds me of a case that the Japan-based mom of one of our co-habitués here, blogger j, whose balikbayan mom was subjected to hulidap for a fabricated drug-possession charge.
But this case here is worse, a larger conspiracy of the very agents who are duty-bound to dispense justice under the rule of law.
Tsk tsk tsk.
A human being for 2 sacks of rice? This is unbelievable! the callousness of some people, a 68 year old woman at that. Can we just pay them the amount of those 2 sacks?
“Waray upay!” talaga ang mga gumawa nito.
Source of “other income” yan. Lahat ng tao na nakapalibot sa kaso eh hhingi ng delihensiya. At kung hindi magbibigay yung biktima, lalo na eh retiree from the US, tatagal pa ang pagkakakulong niya. Kaya ang labas niyan eh pulubi pa sa pulubi kasi lahat eh kailangang suhulan para makalabas siya.
Is the Mrs Mckee still in jail?
Two sacks of rice? Parang Jean Valjean yan ng Les Miserables; nakulong dahil nagnakaw ng tinapay para sa gutom na kapatid.
I see this as an attempt to extort money. They see a dollar sign not a human being. They hope that money would come in to “settle” the case. I am certain that this case will have a happy ending because of the attention being given to it right now, plus the fact that the Rep was a former colleague of Ms Ellen at Malaya. But what IF the case remained out of sight? I guess it’s either Ms McKee will die in prison (due to her medical conditions) or the daughter will just give-in to the “asking price” being demanded by a middleman – “ang lagay ba eh, walang lagay?”. What a rotten system! Punieta y media! Very disappointing!
The daughter of Mrs. McKee told me that their lawyer has filed a habeas corpus and hearing is set on July 12, 8 a.m.
The U.S. Embassy is also checking on Mrs. Mckee daily.
Where is De Lima? Beating a dead horse in the Hubert Webb case, while one of her prosecutors has done an old woman an injustice.
Mistake is a defense in theft. Kung akala ko akin, there is no theft.
Ngayon ko lang nabasa ulit ang post mo. Commitment on Final Sentence? Paano naging final yung walang trial, na galing sa dismissal for failure to prosecute? Nasaan na yang media-hungry na Coronang tinik? Why don’t you investigate your subordinate?
And, of course, the grandstanding Persida Acosta-Rueda is nowhere to be found. She preferred to side with the prosecution (Vizconde), but is not taking any action here.
Hindi kasi sexy. Not a well-known figure; just some old woman in the province.
Any updates on this issue? Is the old lady okay? Borongan used to be part of my area a long time ago, its a quaint little town with an ambience very much like your Antique Ellen.
The main difference would be that it rains non stop this time of the year and typhoons love to pass by this part of the country more than anywhere else.
oops except Batanes pala.
update pls! thanks!
well… in the first place she did not steal those 2 sacks of rice, the property was owned by mckee’s family, she just wanted to show this people that she is taking back the land that they own that’s why she harvest those rice. And they are accusing her of stealing it? what the h…k? she is still in jail, by the way 🙁