Prosecution is not a political tool

by DANILO REYES

HONG KONG, China, November 11, 2008 Four activists, including a labor lawyer, were arrested and detained in the Philippines on separate occasions in October and November. Irregularities in filing charges against them, and the manner in which their cases are being handled, raise questions as to whether public prosecutors are adhering to procedures or just acting as political tools. (Photo: Noel Neri (far left) and Jobert Pahilga (far right) with Remigio Saladero, Jr. and Rachel Pastores in an Oct. 16, 2006 press conference on attacks against lawyers. PHOTO by dabet castañeda)

Prosecutors have a huge responsibility not only to prosecute suspects in criminal offenses, but also to protect those accused of illegal acts. Stringent rules on this are stipulated in the Philippines Revised Rules of Criminal Procedure, particularly in Rule 110, which include the rights and legal protections available to the accused.

The point of these rules is to ensure that criminal allegations are based on factual evidence. It is the duty of prosecutors to ensure probable cause before making decisions on the security and liberty of accused persons. Their role is to balance supremacy of the law with protection of the rights of the accused. They are not adversaries of the accused.

A person charged of a crime should be properly informed of the nature of the offense, his alleged participation in committing the crime "be it direct or indirect" and the facts of the case should provide "sufficient ground to hold him for trial.

When police forcibly took labor lawyer Remigio Saladero Jr., a member of the Pro-Labor Legal Assistance Center, from his house in Antipolo City on Oct. 23, into custody, he had no idea of the charges against him. He briefly disappeared after the police refused him permission to contact his family. His arrest also illustrates the arbitrary and irregular manner in which police take suspects into custody.

Saladero was shown an arrest warrant in connection with a murder case that took place in March 2006 in Puerto Galera, Mindoro Oriental. The warrant bore a different name and address than his. Even if he were the person named in the warrant, issued to the wrong address, he would still have had no way to defend himself or respond to the allegations. In fact, he never received a subpoena.

Apart from the murder charge, Saladero was accused of arson and conspiracy to commit rebellion in connection with an incident in Lemery, Batangas, on Aug. 2 this year. This involved the burning of a site owned by Globe Telecom, a telecommunications company. In this case, Saladero was charged along with a number of other known activists.

Two of Saladero's co-accused, namely Romeo Aguilar, the coordinator of Katipunang Damayan ng Mahihirap and Rogelio Galit, the spokesperson of Katipunan ng mga Magbubukid sa Kabite, are unwell and suffer from diabetes. Aguilar and Galit were charged with arson and murder respectively. How prosecutors were able to establish sufficient ground and probable cause of their involvement in the crimes defies rational explanation.

Aguilar appeared in a wheelchair to give an interview to the media in late October, in which he denied any part in burning the site. He said he was in hospital the day the arson allegedly took place, suffering from swollen feet due to diabetes.

When police arrested Galit from his house in Silang, Cavite, on Nov. 3, he was reportedly bedridden. Due to his diabetes, Galit's leg requires amputation, which is scheduled in the coming days.

These two are among 72 people, 30 of whom are activists and leaders of progressive organizations, charged with murder in the March 2006 incident. The allegations against these persons conflict sharply with their own stories denying involvement, and raise serious questions as to how prosecutors identified them.

The profiles, affiliations and work backgrounds of persons charged and arrested illustrate a continued pattern of targeted attacks against activists in the country. The practice of filing highly questionable and incomprehensible charges in court has increased, although killings have sharply dropped. This illustrates the de facto use of the prosecution system against those critical of the government.

The plight of these activists and their colleagues, forced to endure detentions and trials on questionable charges, illustrates the misuse of the prosecution system and suggests political motives.

Today, observers perceive prosecutors as accomplices of the police in filing fabricated charges in court. Their judgment and reasoning are incomprehensible; their authority is both neglected and abused. The complicity of state prosecutors in allowing themselves to be used as a de facto political tool threatens the security, life and liberty of anyone who is critical of the government and therefore a potential victim of false accusations.

--

(Danilo Reyes is a staff member of the Asian Human Rights Commission, a regional human rights NGO in Hong Kong. He is responsible for the organization's work on the Philippines. Previously, he worked as a human rights activist and journalist in the Philippines.)

http://www.upiasia.com/Human_Rights/2008/11/05/prosecution_is_not_a_political_tool/2504/

Fascist US-Arroyo regime wields new weapon against people's movement

BAYAN Canada

Between Oct. 23 and Nov. 4, 2008, May First Movement [Kilusan Mayo Uno (KMU)] Legal Counsel Remigio Saladero, Jr., and three local leaders of people's organizations were arrested in four different incidents. The three include Nestor San Jose of Anak Pawis party list and PISTON, Crispin Zapanta of Bayan Muna party list, Rogelio Galit, a peasant leader from Anak Pawis party list. On November 6, Arnaldo Seminiano of KMU was also arrested and detained.

All five men, plus 67 others, all in all including 30 leaders of people's organizations, are in a repeatedly amended list charging them with various non-bailable criminal offences of multiple murders, frustrated multiple murders, and arson around the burning by the New People's Army (NPA) of the Globe Telecom cell site in Lemery, Batangas Aug. 2 this year and their ambush of the military in Puerto Galera, Mindoro Oriental in Mar. 3, 2006.

That the charges are absurd should need no stating. Generally speaking, why would leaders of legal organizations have to be involved in planning NPA actions when the NPA are more than capable of that themselves? More specifically, how could a very busy legal counsel for KMU and law professor have time to involve himself in such stuff? Finally, how could a sick and bedridden man be involved in such actions? Only an organization like the Philippine government and its illegitimate President, Gloria Macapagal Arroyo (GMA), could be so contemptuous of people that they could imagine they could pull such a fast one.

That might be why, as provincial prosecutor Josephine Caranzo-Olivar admitted October 27, 2008 in a court proceeding regarding Atty. Saladero's case that no preliminary investigation was conducted when the names of the 71 were added to the amended information. No inquiry was held to determine if there was probable cause because it was all foolishly made up. Add to that, those in the list were not informed that they were on such lists.

So what we have here is the criminalization of dissent made possible by a total lack of due process.

In addition, the list includes 8 of the 9 grassroots activists who were abducted and tortured last August 31, 2008 in Tartaria, Cavite by elements of the Calabarzon Philippine National Police's (PNP) Regional Special Operations Group. Also included in the complaint are other human rights victims themselves such as Arman Albarillo, who lost both his parents after they were murdered by military forces, and Orly Marcellana, who's wife Eden Marcellana (Karapatan ST Secretary General) was killed in Mindoro by soldiers under Gen. Jovito Palparan. Albarillo has been a consistent complainant in the impeachment cases filed against Mrs. Gloria Arroyo.

Arrests like these are not new. Those of us living in Canada remember the case of Representative Satur Ocampo. Last spring, Canada was graced by the visit of Rep. Ocampo for Bayan Muna party list, the late Rep. Crispin Beltran for Anak Pawis party list and Rep. Luzviminda Ilagan for Gabriella Women's party list. These three honoured congresspersons toured the major cities of Canada to meet with overseas Filipinos and Canadians to update them on the worsening human rights situation in the Philippines. The highpoint of the tour was a presentation to the Standing Committee of the Canadian Parliament. Many parliamentarians expressed their concerns at the continuing violations of human rights in the Philippines. And as if to underline this point, even before Rep. Ocampo had left Canada, the Philippine Government had charged him with multiple murders. Rep. Ocampo continues to battle such harassment.

The difference this time is that the government is using mass arrests. As Bayan-Canada Chairperson Dr. Chandu Claver explains, "They had thought that they could terrorize the Filipino people into silence by abducting (like James Balao and 192 others) and killing the leaders and activists (like Alice Omengan and 909 other martyrs). But this bloody campaign has failed very miserably. Now they are resorting to trying to stifle the voice of the people through the mass arrests of the people's leaders using grossly bogus charges of non-bailable offenses. Mass arrests and persecution have always been in the gruesome toolbox of modern despots from Hitler, to Marcos. With this new move, Gloria Macapagal-Arroyo is striving very hard to join that ignominious league."

We demand:

- the release of all political prisoners
- all politically motivated and trumped up charges against the leaders and members of people's organizations be dropped
- the thorough investigation of all political killings and disappearances in the Philippines and the prosecution and punishment of all those guilty of such no matter how high they may be placed in the state
- Canadian Members of Parliament denounce the use by the GMA regime of mass arrests to silence opposition

Filipina homeowner in California resists eviction from her home

The US Chapter of Bagong Alyansang Makabayan, or BAYAN USA, an alliance of 12 Filipino organizations across the US, salutes the spirit of resistance demonstrated by Ms. June Reyno, a Filipina homeowner who has chained herself to her home of 20 years in San Diego, California, after being issued an eviction notice by the San Diego Sheriff's Department. Like many property owners in the United States, Reyno is part of a growing section of the US population facing displacement from their homes as the global financial crisis hits the middle class hard and workers even harder.

Reyno, like many Filipinos in the United States, aspired to live the American dream of owning a home and having a career. But market instabilities eventually led to her losing both. Presently unemployed, Reyno is being evicted because she no longer has the income to keep up with the skyrocketing mortgage rates, and even though she has been approved for another loan to purchase back her home, the greedy bank is not willing to re-negotiate but instead is taking steps to kick her family out of the house.

June Reyno is not alone. Like many homeowners in the US facing the same reality, the intentional relaxation of mortgage rates by the greedy banks duped many, including Filipinos, into believing their American dreams were possible. Little did they know that one day, the financial shenanigans of the deregulated banks would cost them their dreams with the current mortgage meltdown. In 2008 alone, there were over 3.2 million filings for foreclosures and over 750,000 jobs lost in the United States, making Reyno's predicament very common.

Now Reyno is resisting, and demanding that US Congress bailout homeowners like herself versus dishing out trillions to bailout the banks that duped her in the first place. There are over 4 million Filipinos who live in the US today, making them one of the largest ethnic communities in the country. Reyno's story debunks the claims of Malacanang that the global financial crisis will not affect Filipinos, particularly overseas Filipinos like Reyno. In fact, it was Gloria Macapagal-Arroyo who was among the first world leaders to wholly support the $700 billion bailout bill issued by US Congress last month.

Reyno's militant actions are needed at this particular time in our history, as the looming financial depression around the world will certainly carry grave political implications. As evictions, foreclosures, and mass job lay-offs are on the rise, resistance must step up against all other forms of repression against justifiable dissent from the people. Filipinos in the US and around the world must be amongst the decisive forces opposing the financial oligarchs and accelerate the fall of greed and financial tyranny!

BAILOUT THE PEOPLE, NOT THE BANKS!
JUSTICE FOR JUNE REYNO!
LONG LIVE PEOPLE'S RESISTANCE!

Join BAYAN-USA, SEIU Local 721, Hermandad Mexicana Nacional and the International Action Center's
Caravan to San Diego for a:
Neighborhood Rally to Stop the Foreclosure of June Reyno's Home

When: Thursday October 30, 8:30 am
Where: Meet at SEIU Local 721 - 500 S. Virgil Ave. Los Angeles (Near Virgil & 6th)
Contact: +1310 677-6407

Reference: Berna Ellorin, Secretary General, BAYAN USA, email: secgen(@)bayanusa.org

Read more and see video at: http://www.digitaljournal.com/article/261684

Also see http://obrag.org/?p=1797

BAYAN-CANADA condemns Philippine's threat to IAMR's foreign delegates

BAYAN-Canada, a Canada-wide alliance of patriotic Filipino organizations, condemns the Philippine government's Bureau of Immigration (RPBI) for its latest threat against the Canadian and other friends of the Filipino people who are attending the International Assembly of Migrants and Refugees (IAMR).

These last three days, representatives of migrants organizations, migrants advocates, and pro-migrant scholars from around the world have been in Manila to participate in the IAMR to comprehensively analyze the situation of migrants and oppose the anti-migrant, and Malacañang-hosted Global Forum on Migration and Development (GFMD).

This international assembly of migrants, refugees and advocates is organized by the International Migrants Alliance Alliance (IMA), Migrante International, Asia Pacific Mission for Migrants, IBON Foundation, and BAYAN. IMA is the first-ever global alliance of more than a hundred grassroots associations, organizations, unions, networks and alliances of migrant workers, immigrants, refugees and displaced peoples.

The RPBI statement outrageously threatens with persecution and deportation the delegates of the IAMR from other countries against participating in rallies against the GFMD on the grounds that they are meddling in the internal affairs of the Philippines.

The Government of the Republic of the Philippines (GRP) once again maliciously turns things upside down.

The GFMD is a yearly state-organized and led meeting. The Belgian government organized the first GFMD in 2007. This year's GFMD is organized by the Philippine government. The GFMD has one goal: to heighten the exploitation of migrants and their remittances for generating money for the receiving countries. It is, not surprisingly, put in the guise of development! Migration, though, is not a tool for genuine development. The Philippines needs genuine national industrialization and agrarian reform. Without these it can only have massive unemployment and poverty. Mass migration is the effect of mal-development!

The GRP continues to be the biggest promoter of imperialist policies of trade and investment liberalization, deregulation, and privatization. To postpone its day of reckoning it has turned to the trinity of incessant borrowing, a labour export policy, and internal repression. The GRP has become addicted to foreign loans, migrant remittances, and political violence! In other words, as the biggest servant of imperialism, it has become the biggest pimp of its people.

The GFMD, as a meeting between imperialist masters and neocolonial servants, cannot, therefore, promote the development of the Filipino people. The only thing it will develop is imperialist plunder and the loot bag of regimes like that of Gloria Macapagal-Arroyo.

This is why we need international assemblies like IAMR that provide a forum for genuine migrants organizations, and genuine advocates and friends to come together to give authentic voice to the concerns of migrants.

The RPBI is being utterly duplicitous. It is the foreigners attending the GFMD that are meddling in the internal affairs of the Philippines. The foreign delegates attending the IAMR are guests of Filipino people's organizations. They are not meddling in the internal affairs of the Philippines. The foreign delegates to the IAMR are not breaking any laws but doing their internationalist duty in expressing solidarity with the Filipino people and with migrants and refugees all over the world.

The threats from the RPBI against the foreign delegates attending the IAMR are, therefore, not just threats to the freedom of expression of these foreign friends of the Filipino people, they are also an attack on the Filipino people themselves and their right to genuine development through national industrialization and agrarian reform.

Any arrest or detaining of foreign and local delegates to the IAMR can, therefore, only further blacken the reputation of the GRP.

Hands off the Canadian delegation and other foreign nationals participating in the IAMR!
Hands off the Philippine hosts of the IAMR!

CAP-CPC attends Migrant conference in Manila

Hello everyone,

Greetings from sunny Philippines!

So far, CAP-CPC member Eileen Young and I have busy with different activities here. Eileen was interviewed by GMA7 (see photo above), a local TV station October 26 when she joined the mobilization of the fisherfolks and peasants group at Pasig River in San Juan. They launched small boats to signify migration. She has lots of photos to show (more information at Arkibong Bayan). We also attended the rally to protest the abduction of Atty. Remigio "Ming" Saladero Jr., a labor lawyer who had been representing the May First Movement (KMU) and other workers for more than 20 years.

I have been busy with the first International Coordinating Body (ICB) of the International Migrants' Alliance (IMA), which was formed in Hong Kong this past June. It was a successful two-day meeting to discuss the General Plan of Action (GPOA). I'll have the details later. This evening, the ICB will be attending a dinner with the UN rapporteur and Parlimentarians which is being hosted by the Senate floor leader, Manny Villar.

The International Assembly of Migrants and Refugees (IAMR), organized by the IMA, starts Monday, October 27, 2008 and we hope to meet-up with other Canadian delegates at breakfast.

Excited, tired but still beautiful,

tt (Tess Tesalona - CAP-CPC Coordinator and IMA Treasurer)

Balao still alive, activists say

By Desiree Caluza
Northern Luzon Bureau, Philippines
Inquirer.net

BAGUIO CITY, Philippines—Missing activist James Balao is still alive and is being detained in a military camp.

This was the information received by the Cordillera Peoples Alliance on Thursday, after the first hearing on the petition for a writ of amparo for the surfacing of Balao at the regional trial court in La Trinidad, Benguet.

"Our source informed us that James is still alive and is in detention," Beverly Longid, CPA chair, said in a forum here on Friday.

Asked to comment on the possibility that his son was still alive, Balao's father Arthur said: "I am happy to learn that my son is still alive but I am still confused because I do not have the information about his whereabouts."

On Thursday, the family of Balao and militant groups led by the CPA and the Cordillera Human Rights Alliance (CHRA) held a rally in front of the Justice Hall of Benguet to drum up the call to issue the writ.

During the hearing, representatives of the Office of the Solicitor General, which represented the respondents in the petition, tried to have the case dismissed but failed.

A witness, Aniceto Adawing who was cross-examined during the hearing, said he saw five armed men accost Balao in Barangay Lower Tomay in La Trinidad on September 17.

Adawing said the men poked their Armalite rifle and .45 cal. guns at Balao and announced that they were arresting him for suspected illegal drug pushing.

Adawing said he was certain that the men were from the police.

Associate Solicitor Gerik Caesare Paderanga said most of the petitions which were filed for issuance of the writ had been dismissed due to baseless accusations.

Balao's family filed the petition to compel the military, James' suspected abductor, to produce him.

The family asked the court to direct the military to disclose the whereabouts of Balao, a founding member of the CPA.

The family also asked the court to allow its authorized representatives to inspect military or police facilities where Balao was believed detained.

The OSG also failed to submit a return during a hearing, which, according to human rights lawyers, was a violation of the procedure.

A return is the answer of the respondents to the issues against them which should be submitted five days after the petition was received.

Paderanga said they failed to submit the return because the process would take long as the respondents involved extraordinary people such as President Gloria Macapagal-Arroyo, Cabinet secretaries and police and military officials.

"We understand that the family is suffering but the submission of the return will require a lot of time. We have to be practical," he said.

Lawyer Mary Ann Bayang, Balao counsel, said the failure of the government to submit its response because they were extraordinary people was a flimsy excuse.

"Saying that the respondents were extraordinary people was not an excuse. Whether they were ordinary or extraordinary people, they should be treated equally before the court. The more that they have to comply because they are public officials," she said.

Human rights lawyers condemn attack on their ranks

Written by ILPS Info Bureau
Friday, 24 October 2008

The National Union of Peoples' Lawyers (NUPL), the International Association of People's Lawyers (IAPL), Pro-Labor Legal Assistance Center (PLACE), SENTRA and the Public Interest Legal Center (PILC) condemn the abduction and illegal arrest of Atty. Remigio "Ming" Saladero, Jr, a member of the NUPL, the chief legal counsel of Kilusang Mayo Uno (KMU) and Board Chairperson of the Pro-Labor Legal Assistant Center (PLACE). Atty. Saladero is a human rights lawyer who was one of those who argued before the Supreme Court on the constitutionality of Pres. Gloria Arroyo's calibrated preemptive response policy. He is also a member of the media as a columnist of Pinoy Weekly. He is a respected labor lawyer handling nearly 700 labor cases before various tribunals.

A group of armed men claiming to be members of the PNP barged into the office of Atty. Ming on October 23 showing a 2006 warrant of arrest for multiple murder and multiple frustrated murder cases in the Regional Trial Court in Calapan City, Oriental Mindoro.

The attack against Atty. Saladero is a violation of his right to due process considering that he was never informed about the complaint and was not able to defend himself before a warrant of arrest was issued. It is also an attack against the legal profession since Atty. Saladero was harassed for the exercise of his profession. It is a blow the right to counsel and access to justice by many workers and human rights victims whose cases Atty. Saladero is handling.

The case filed against Atty. Saladero is part of the Arroyo government's attempt to cow human rights advocates critical of the policies of Pres. Arroyo. Atty. Saladero have been subjected to various attacks in the past mostly from military for his being the lawyer of suspected members of the New Peoples' Army in Rizal. He was also one of the respondents in the case for Conspiracy to Commit Rebellion, Arson and Destruction of Property filed by the military and Globe Telecoms against 27 leaders and activists from Southern Tagalog Region in connection with bombing of Globe Cellsite in Lemery Batangas on August 2, 2008. These trumped-up charges have no basis in fact. Atty. Saladero is not a member of the New People's Army and is not a fugitive. He has been openly litigating in courts and has never been involved in any case of arson to blow up Globe cellsites.

PLACE said the illegal arrest of Atty. Saladero and his possible prolonged detention will adversely affect the operation of PLACE. "Atty. Saladero handles most of the 700 cases of PLACE. Not only that, his other cases mostly human rights and pro bono will be also affected" said Atty. Noel Neri, member of NUPL and colleague of Atty. Saladero in PLACE.

Members of the legal profession, particularly human rights lawyers, will not take this recent attack sitting down. The raiding team members are criminally liable for qualified theft when they confiscated the desktop computer, laptop and cellphone of Atty. Saladero when they executed the supposed warrant of arrest. We will file criminal and administrative cases against public officials who facilitated the illegal arrest and harassment case against Atty. Saladero and false witnesses who committed perjury in their affidavits. The Supreme Court has chastised the Department of Justice for "prostituting" their office to harass political opponents of Pres. Arroyo. We will make sure that those responsible for the travesty of Atty. Saladero's right to due process will be held liable for their participation in the scheme to harass a human rights lawyer who sacrificed so much for the interest of human rights. We ask the Integrated Bar of the Philippines to immediately call for the release of Atty. Saladero and condemn this attack on the legal profession.

National Secretariat
National Union of Peoples' Lawyers(NUPL)
3F Erythrina Bldg., Maaralin corner Matatag Sts. Central District,Quezon City, Philippines
Tel.No. +63 2 920-6660,Telefax No. +63 2 927- 2812
Email addresses: nupl2007[at]gmail.com
nuplphilippines[at]yahoo.com
Visit the NUPL at http://www.nupl.net/

Reference:
Atty. Neri Javier Colmenares - +63 917 835 0459
Secretary – General, NUPL

Atty. Noel Neri - +63 927 929 0559
Senior Partner - PLACE

"By calling yourselves the 'people's lawyer,' you have made a remarkable choice. You decided not to remain in the sidelines. Where human rights are assaulted, you have chosen to sacrifice the comfort of the fence for the dangers of the battlefield. But only those who choose to fight on the battlefield live beyond irrelevance."

Supreme Court Chief Justice Reynato S. Puno
in his message to the NUPL Founding Congress,Sept. 15, 2007