Home Blog Page 162

“Constitutional” online libel is a Damocles’ sword over freedom of speech and expression

0

Rights lawyers re Supreme Court ruling declaring constitutional online libel provisions of RA 10175 or Anti-Cybercrime Law: 

The chilling effect of a Damocles’ sword for those who are wired basically remains. Any blanket threat of criminal prosecution for online libel tilts the balance for untrammeled state intervention and will practically result in effective censorship, if not timidity or inordinate trepidation.

Freedom of speech and expression is such a valuable democratic right to be curtailed and penalized. It is precisely this freedom that eventually screens, isolates, exposes, and debunks abuses of such freedom and protects or ensures other liberties.

The valid exercise of a right should not be punished. It is far more lofty to be able to freely twit the excesses of Big Brother – that wants only the official government line or its version of “truth” to prevail or dominate such potent medium as cyberspace – than to be unthinking robots or docile androids.

Reference:
Edre U. Olalia
NUPL Secretary General
+639175113373

—————————————————————-

National Secretariat
National Union of Peoples’ Lawyers (NUPL)
3F Erythrina Building,
Maaralin corner Matatag Streets, Central District
Quezon City, Philippines
Telefax no.920-6660
Email addresses: nupl2007@gmail.com
and nuplphilippines@yahoo.com
Follow us on twitter @nuplphilippines
and facebook @https://www.facebook.com/nuplphilippines
Visit the NUPL website at http://www.nupl.net/

SELDA forms People’s Claims Board, demands recall of PNP general’s appointment

0

SELDA announces the formation of the People’s Claim Board, in protest of the President Benigno Aquino III’s appointment of a PNP general in the Human Rights Victims’ Claims Board (HRVCB) to implement the law

The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA, Association of Ex-Detainees Against Detention and Arrest) has repeatedly urged the BS Aquino government to immediately form the claims board. On 13 February 2014, more than a week before the Human Rights Victims Reparation and Recognition Act of 2013 or RA 10368 turns a year old, the Aquino government, through the Commission on Human Rights announced the appointment of Philippine National Police retired General Lina Sarmiento as chairperson of the HRVCB. After a year of shutting off Martial Law victims, the Aquino government arbitrarily appoints a former police general.

BS Aquino’s appointment of Sarmiento is a clear affront to martial law victims. Furthermore, it asserts that the appointment of an ex-Philippine Constabulary officer to head the martial law claims board is tantamount to a shameless honoring of an atrocious martial law apparatus.  The defunct Philippine Constabulary is the forerunner of the current Philippine National Police that has records of the gravest human rights violations during the dark days of Marcos dictatorship.

Pres. Aquino clearly disregards the provisions of the law which enumerated the qualifications of members of the HRVCB.  Gen. Sarmiento is bereft of credibility. Much more, her deep knowledge of martial law atrocities and empathy to its victims is put into question since she is part of the institution accused of rampant human rights abuses during that period.

Apart from being a PC officer under Marcos, Sarmiento was the former head of the PNP’s Human Rights Affairs Office during the Arroyo regime, which has the gravest post-martial law record of human rights abuses. This does nothing to merit her appointment. We express doubts that under Sarmiento’s chairpersonship the Human Rights Victims’ Claims Board will become an independent body.

In forming the People’s Claims Board, SELDA makes this as a parallel body to act both as a watchdog and a monitoring body of Aquino’s HRVCB. The People’s Claims Board’s priority is to ensure that real and legitimate martial law victims will not be marginalized. There is no room for backing out and toning down our call for justice.

Reference:
Marie Hilao-Enriquez
SELDA Chairperson
+63917-5616800

————————————————-

The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA) is an organization of former political prisoners in the Philippines. Founded on December 4, 1984, SELDA was initiated by newly-released political prisoners of the martial law period.  SELDA’s primary task is to work for the release of all political prisoners and to see to it that humane treatment of those who are still in detention are complied with by the Philippine authorities.  SELDA advocates justice for current and former political prisoners.  It calls for the mobilisation of resources in support of political prisoners, former detainees and their families.  It carries out legislative advocacy for the indemnification and rehabilitation of political prisoners. SELDA goes into partnership and builds solidarity with concerned individuals and groups for the freedom and welfare of political prisoners and all victims of tyranny.
SELDA National Office:
2/F, Erythrina Building
#1 Maaralin corner Matatag Streets, 
Brgy. Central District, Diliman
Quezon City 1101, Philippines
Tel: 632-4342837
Fax: 632-4354146 

Rights lawyers slam appointment of police general to Human Rights Claims Board

0

On the appointment of 2-star police general to the Human Rights Claims  Board: A mockery and a bad prank

Nothing personal. But does she “have a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations” committed during the Marcos regime as mandated by the law? No such evidence on record.

Does she “have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy?” Open to serious challenge.

And yet she will head this Claims Board? Why put a woman in uniform who represents an institution that has historically played its indispensable role in violating  human rights  at the helm of a body on human rights? What sort of macabre message is this?

As a Philippine National Police “human rights officer,” she played into the part of the apologist mechanism in the killing spree and nightmare of disappearances of scores of civilians during the Gloria Macapagal-Arroyo administration. Does this inspire trust and confidence?

And BS Aquino had to take a year before he could finally decide to openly dishonor, insult and scoff at the memory and sacrifice of those who raged against the dying of the light.

Incredible callousness on top of signature indolence.

Save maybe for some on the Board who may be sincere, tthose that were at the forefront of the battle against the fascist dictatorship & incorrigible kleptocracy were obviously shut out any representation by this son of perceived icons of democracy.

Where does the  heart of this government lie? Or is it April Fools’ Day?

Reference:
Edre U. Olalia
Secretary General
+639175113373

Emy Ladera-Facunla, latest target of Cojuangco harassment suits in Hacienda Luisita

0

Tarlac City Councilor Emily “Emy” Ladera-Facunla is the latest target of a series of “harassment suits” filed by Cojuangco-Aquino firm Tarlac Development Corporation (TADECO) in its aggressive bid to retain control of prime
agricultural land in Hacienda Luisita.

Ladera is the sister of Abelardo Ladera, also a Tarlac City Councilor, who fell victim to extra-judicial killing on 3 March 2005. Their parents were former sugar workers in Hacienda Luisita.

Ladera recently received a resolution dated 17 January 2014 from the Tarlac City Prosecutor’s Office charging her of trespassing and coercion. The resolution was issued, however, without having conducted any preliminary investigation, thus denying Councilor Ladera of due process, Atty. Jobert Pahilga of Sentro para sa Tunay na Repormang Agraryo (SENTRA, Center for Genuine Agrarian Reform) argued in a motion.

“(T)his case is clearly a harassment suit against (Ladera)… When she was in the area of the incident at the time it happened, she was merely performing her duty as a public official to assist her subordinates in the peaceful negotiation and settlement of their conflict with the principal of herein complainant TADECO,” the motion read.

The resolution was based on a complaint filed by TADECO representative Villamor Lagunero, Jr. on 22 December 2013, a few days after the violent bulldozing of farmers’ crops in Barangay (village) Balete. The incident led to the mauling and unlawful arrest of five farmworkers.

Lagunero is also the named complainant in several cases of unlawful detainer or ejectment filed by TADECO against more than a hundred farmers in Barangays Balete and Cutcut in October 2013. Several cases involving farmers from Barangay Balete were dismissed last January. However, TADECO’s bulldozing of crops grew more aggresive and reached an unfortunate peak on 8 February, President Aquino’s birthday, when Cojuangco thugs scorched huts and crops while farmers were held at gunpoint.

Individual TADECO security guards and the Tarlac Philippine National Police were also employed by the Cojuangcos to file fabricated criminal cases against farmers and leaders associated with the alliance AMBALA. The five  arrested farmers were released before Christmas after a physical injury complaint filed by a lone TADECO guard was junked.

The five, however, are now facing direct assault charges filed by police officers to justify the violent December incident involving the Tarlac PNP’s highest officials, PNP Provincial Director Alex Sintin and Tarlac City Chief of Police Bayani Razalan.

AMBALA Acting Chairperson Florida Sibayan, who was charged with direct assault and malicious mischief along with eight other land reform advocates who joined Anakpawis Rep. Fernando Hicap in a fact-finding mission in September 2013, is now a respondent to a new threat complaint filed by a TADECO security guard.

“These harassment charges are meant to cow and intimidate farmers who assert that the Cojuangco-Aquino family is once again cooking up an enormous scam in Hacienda Luisita,” said Sibayan. “They did this during Cory’s time, they can do it again now that another Cojuangco-Aquino is at the helm of government,” said Sibayan referring to the anomalous stock distribution option (SDO) scheme in 1989 and the current sham land distribution implemented in Hacienda Luisita.

Councilor Abel Ladera was reportedly killed for exposing the SDO scheme and the Cojuangco-Aquino family’s  “master plan” to convert the whole sugar estate into an Ecozone, leaving nothing for agricultural use. Huge tarpaulins announcing “soon to rise” development are now displayed on the same site where hundreds of hectares of ricefields and crops were recently destroyed by TADECO, with the assistance of Tarlac police and the military.

REFERENCE: 
Gi Estrada, Media Officer
Tel. No: +63 916 611418
Unyon ng mga Manggagawa sa Agrikultura

(Agricultural Workers Union)
Philippines

Follow UMA Pilipinas on Twitter

Marcos victims disgusted with Victims Claims Board appointment

0

SELDA slams Aquino appointment of PNP general Chairperson of rights victims claims board: “The height of insult and indifference to Martial Law victims!”

SELDA expressed disgust over the appointment of a retired police general as chair of the Human Rights Victims Claims Board that shall process the recognition and reparation of Martial Law victims – PNP Director Lina Castillo-Sarmiento.

“This is the gravest insult that the Aquino government inflicted upon the victims of Martial Law. Sarmiento was part of the Philippine Constabulary, along with the Armed Forces of the Philippines, that implemented the worst of human rights violations during the Marcos dictatorship. How can we accept that?” exclaimed Marie Hilao-Enriquez, chairperson of SELDA.

Not a single SELDA nominee was appointed to the Human Rights Victims Claims Board, despite a provision in the law which says that SELDA is one of the human rights organizations recognized by the law that may submit its nominations to represent and help recognize victims of the Marcos dictatorship.

“This is not the real sentiment of martial law victims. This is BS Aquino’s Claims Board led by a general originating from the most dreaded human rights violators, the defunct Philippine Constabulary, a forerunner of the Philippine National Police (PNP),” said Enriquez.

Other appointed members of the claims board are Jose Luis Martin Gascon, Byron Bocar, Aurora Parong, Galuasch Ballaho, Jacqueline Mejia, Glenda Litong, Wilfred Asis and Erlinda Senturias.

Enriquez called the appointment of Sarmiento as “overbearing arrogance of the Aquino government that is bound to marginalize the tens of thousands of rights violations victims right from the start.”

“Pres. BS Aquino made the victims wait too long for the appointment of the claims board only to fail them in the end.  Aquino II’s recent appointments only show how he considers Filipinos who fought for freedom and democracy, and on whose struggle his mother and himself were able to take the reins of government. We vow even more to assert our call for justice. We shall monitor and watch closely this claims board of Aquino,” said Enriquez.

A press conference will be held by SELDA on Saturday, 15 February, in protest of the Aquino-formed claims board. The panel shall be what SELDA will call as the “People’s Claims Board,” that consists of Martial Law victims submitted for nomination to the Human Rights Victims Claims Board.

The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA) is an organization of former political prisoners in the Philippines. Founded on 4 December 1984, SELDA was initiated by newly-released political prisoners of the martial law period.  SELDA’s primary task is to work for the release of all political prisoners and to see to it that humane treatment of those who are still in detention are complied with by the Philippine authorities.

SELDA advocates justice for current and former political prisoners. It calls for the mobilisation of resources in support of political prisoners, former detainees and their families. It carries out legislative advocacy for the indemnification and rehabilitation of political prisoners. SELDA goes into partnership and builds solidarity with concerned individuals and groups for the freedom and welfare of political prisoners and all victims of tyranny.

Reference:
Marie Hilao-Enriquez
SELDA Chairperson
+63917-5616800

SELDA National Office:
2/F Erythrina Building
#1 Maaralin corner Matatag Streets
Brgy. Central District, Diliman
Quezon City 1101, Philippines
Tel: 632-4342837
Fax: 632-4354146