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Activists vow legal pushback vs state forces

By Visayas Today

BACOLOD CITY–Those responsible for the October 31 mass arrest in Bacolod City, from state security personnel to the judge who issued the search warrants, should expect a wave of countercharges to hold them accountable, activist groups have vowed.

“We will make sure there will be countercharges,” Bacolodnon Neri Colmenares, who chairs the Bayan Muna party-list and used to represent it in Congress, told a press conference Thursday, November 7.

In all, the joint police and Army units under the Regional Task Force to End Local Communist Armed Conflict that carried out the raids on three offices and a private residence in Bacolod City arrested and detained 57 persons, among them a dozen minors.

They claimed to have recovered more than 30 firearms and some explosives from the offices of the Bagong Alyansang Makabayan, women’s organization Gabriela – both in Barangay Bata – and the National Federation of Sugar Workers in front of the Libertad market, and the home of Romulo and Mermalyn Bito-on in Barangay Taculing.

The security forces said the offices, particularly the compound that houses the office of Bayan and other groups, were being used to train “recruits,” including minors, of the New People’s Army.

However, on November 6, 32 of those arrested – 21 laid off workers of Vallacar Transit who were consulting the Kilusang Mayo Uno and 11 members of cultural group Teatro Obrero, all arrested at the Bayan office – were released after the city prosecutor dropped the charges against them.

Only 11 persons remain in detention, seven of them facing non-bailable charges of illegal possession of firearms and explosives.

Colmenares said the release of the 32 “proves the falsity of the charges” that those arrested were rebels and that the offices were training facilities.

He said those they intend to charge, both before trial courts and the Office of the Ombudsman, include the “generals, colonels,” and enlisted personnel of police and Army units that carried out the raids, prosecutors, judges who issue “fake” warrants, and the “false witnesses” on whose testimonies the warrants were based.’

The search warrants covering the Bacolod raids were all issued by Quezon City Regional Trial Court Executive Judge Cecilyn Burgos-Villavert. She also issued the warrants that led to the arrests of two other activists in Escalante City and at least five others in Manila around the same time as the Bacolod raids.

While there is a special rule issued by the Supreme Court allowing the RTC executive judges of Manila and Quezon City to issue warrants for areas outside their jurisdiction, activists accuse Villavert of abusing this privilege and issuing “wholesale” warrants that abet human rights violations.

Colmenares said among the charges the security forces can expect are those related to their alleged “planting” of evidence and violations of the anti-torture law. #

Karapatan warns of more raids of activists’ offices

By Len Olea/Bulatlat

MANILA — Human rights alliance Karapatan warned of more raids and arrests of activists in the coming hours or days.

In a Facebook post, Karapatan Secretary General Cristina Palabay said that at least ten search warrants were issued by Quezon City Regional Trial Court Branch 89 Executive Judge Cecilyn Burgos-Villavert on October 30. Four of these warrants have been served so far.

Tondo, Manila – Search Warrant No. 5944
Paco, Manila – Search Warrant No. 5947
Escalante City, Negros Occidental – Search Warrant No. 5949
Bacolod City – Search Warrant No. 5953

“If all the search warrants issued by Judge Burgos-Villavert from No. 5944 to No. 5953 are offices and homes of members of people’s and human rights organizations, then we are looking at more raids in the coming hours or days,” Palabay noted.

Earlier today, policemen raided the office of Bagong Alyansang Makabayan-Manila in Tondo, Manila. Three activists were arrested and brought to the Manila Police District.

In a report, National Capital Region Police Office (NCRPO) Acting Director Brig. Gen. Debold Sinas said the Philippine National Police has been monitoring leaders of the Communist Party of the Philippines (CPP) in Metro Manila. Sinas even units from the Philippine National Police (PNP) headquarters are monitoring these personalities in coordination with the military’s Joint Task Force-NCR.

Copy-paste warrants

Villavert has been criticized for issuing what Karapatan called as “copy-paste” search warrants that have led to the arrest of 57 activists in Negros island and five activists in Metro Manila.

Karapatan noted that Villavert was also the judge who issued warrants for the arrest of National Democratic Front peace consultants Vicente Ladlad, Rey Casambre, Estrelita Suaybaguio, Alexander and Winona Birondo, and Villamor couple.

In a statement, the National Union of Peoples’ Lawyers (NUPL) also questioned Villavert’s actions.

Section 12 authorizes Executive Judges of Regional Trial Courts of Manila and Quezon City – as an exception to the general rule that it must be the court within whose territorial jurisdiction a crime was committed – to act upon applications filed by the police for search warrants involving, among others, illegal possession of firearms and ammunitions.

The same circular requires that such applications shall be personally endorsed by the heads of such agencies. The Executive Judges are also required to keep a special docket book listing the details of the applications and the results of the searches and seizures made pursuant to the warrants issued.

In this light, NUPL raised the following questions:

– Who, in the PNP, if any, endorsed the application for search warrant?

– Did the OIC PNP Chief personally endorse the application for search warrant?

– What was the basis, if any, of the application for search warrant to establish probable cause, considering serious and consistent assertions that the firearms and explosives were casually planted during the search?

– What was the basis of the honorable judge to grant the application and issue the search warrant?

– Did the honorable judge hear any witness, ask and document searching questions to personally determine the existence of probable cause as mandated by the Constitution and the Rules of Criminal Procedure?

– What was the reason behind and what really transpired during the meeting between the honorable judge and the police chief the day before the issuance of the warrant?

– Will the honorable judge make available at the proper forum and time the “special docket book,” which contains the details of the application for purposes of transparency and scrutiny?

– Why was there a need to apply for a search warrant in a faraway court when the same can be procured in a closer regional court without compromising secrecy and service of the warrant?

– Why is there seemingly a pattern to issue search warrants against political dissenters and critical groups from one and the exactly the same judge even if legally allowable?

“As the perceived bastion of fairness and justice, the Judiciary must relentlessly maintain its independence against actual or perceived interference and pressure exerted by other government branches. The bench and its members must not let themselves be used, or appear to be used, wittingly or unwittingly, as tools or minions of political persecution,” the NUPL said.

Progressive groups have called on the public to resist Duterte’s crackdown against critics. #

Pag-aresto sa maraming aktibista, kinondena

Mariing kinundena ng Bagong Alyansang Makabayan at iba pang aktibistang organisasyon ang pag-aresto sa mga kapwa nilang aktibista sa Lungsod ng Bacolod at Maynila kamakailan.

Nagprotesta sa harapan ng Camp Crame ang mga aktibista upang ipanawagan ang agarang pagpapalaya sa 57 indibidwal na anila’y iligal na inaresto. (Bidyo ni Jek Alcaraz/Kodao)

21 sacked Ceres workers among Bacolod raid detainees – Bayan

By Visayas Today

Twenty-one laid off workers of the Ceres Bus line who were consulting a labor leader were among the 55 persons (not 62 as earlier reported by authorities) arrested and detained in simultaneous raids last week on four locations in Bacolod City that state forces claimed harbored communist rebels in training.

This was bared by the Bagong Alyansang Makabayan, which held a press conference in Metro Manila on Sunday, November 3, to denounce what it called the “tanim baril, tanim ebidensya” (planting of guns and evidence) tactics alleged used by the Army and police to justify the raids and boost their claims that those arrested are members of the rebel movement.

Also nabbed and detained were 25 youth, among them 13 minors, of the grassroots cultural group Teatro Obrero who were rehearsing for a presentation of their play “Papa Isio,” on the legendary Negros hero of the revolution against Spain and the war against America.

The youth and Ceres workers were among those arrested at a compound in a residential area of Barangay Bata that serves as the office of leftist party-list Bayan Muna and other organizations. The Army and police claim the place, where 30 firearms and explosives were supposedly recovered, served as a “training area” for rebel recruits, including potential “child warriors.”

Also netted in the raids were several officers of progressive groups like the National Federation of Sugar Workers, Kilusang Mayo Uno and Karapatan, all of which the government and state forces openly tag as “legal fronts” of the rebels, and Anne Krueger of the alternative media outfit Paghimutad, all of whom were accused of being part of the rebels’ regional leadership in Negros.

Aside from those arrested in the October 31 Bacolod raids, two succeeding raids in Escalante City on November 1 also led to the apprehension of NFSW staff Imelda Sultan and Ma. Lindy Perucho. As with the Bacolod operations, the Escalante raiders also claimed to have recovered weapons and explosives from the two women.

Also on October 31, Cora Agovida, the Metro Manila chairperson of Gabriela, and her husband Michael Tan Bartolome of the urban poor group Kadamay, were arrested and weapons and explosive also supposedly seized.

Incidentally, all the search warrants used as the basis for the raids were issued on October 30 by Executive Judge Cecilyn Burgos-Villavert of Quezon City Regional Trial Court Branch 89.

Bayan, in a statement, said the raids signified “how low the Philippine National Police and Armed Forces of the Philippines have sunk in their effort to comply with Duterte’s orders to crack down on activists and political dissenters.”

It also noted the similarities in the operations:

1. Police gets a search warrant from a friendly, uninformed or intimidated judge, in this case from Quezon City which is outside the area of jurisdiction where the operation is made;
2. Occupants of the raided office or home are forced to go outside while police operatives, some in plain clothes, come in to search the area;
3. Occupants are then allowed back in only to discover illegal guns and explosives that police allege were found in their possession;
4. All persons are then arrested, detained and interrogated for prolonged periods while being denied their right to their lawyer or to be visited by relatives and friends. In the worst case like the Kanlaon, Manjuyod and Sta. Catalina incidents last March 30, 14 farmers were killed by police serving such search warrants;
5. To justify and muddle their illegal conduct, police and military officials go the rounds of the media vilifying the victims and claiming that these are members or supporters of the New People’s Army.

Bayan called the raids “a portent of worse things to come” and predicted “an escalation of the Duterte regime’s fascist crackdown on groups and individuals critical of the government, whose crime is to merely exercise their constitutional right to organize, express and seek redress for their grievances.” #

‘There IS a mass transport crisis and that long term solutions are needed’

“Congratulations Sec. Panelo for arriving in one piece in Malacanang after nearly 4 hours of commute! Medyo late na kayo kung government time yan na 8am. Just the same, we hope this whole experience underscored the fact that there IS a mass transport crisis and that long term solutions are needed.”–BAYAN secretary general Renato Reyes Jr.

BREAKING: Activist killed in Naga

Another activist was gunned down in Bicol this morning following the assassination of two human rights workers in Sorsogon City Saturday, June 15.

Neptali Morada, former popular campaigns committee head of Bagong Alyansang Makabayan-Bicol, regional Bayan Muna head and Student Christian Movement of the Philippines member was on his way to work when waylaid by unidentified suspects in Barangay San Isidro, Naga City, Camarines Sur at about eight o’clock this morning.

The victim works as a staff member of former Camarines Sur vice governor Ato Peña.

Neptali Morada (Contributed photo)

Ma. Roja Banua, National Democratic Front in Bikol spokesperson, demanded justice for Morada as well as for Nelly Bagasala and Ryan Hubilla, the two human rights workers slain in Sorsogon.

Banua also reported that a certain Edwin “Ka Dupax” Demetera, allegedly an hors de combat, was tortured and killed by the military who captured him last June 13.

Banua said was captured by 31st Infantry Battalion-Philippine Army and Philippine National Police personnel in Barangay Incarizan, Magallanes, Sorsogon but was beaten up and gunned down outside his house.

The Romulo Jallores Command of the New People’s Army said Demetera was on medical leave due to a swollen foot and was in no condition to fight. # (Raymund B. Villanueva)

EDSA at diktadurya

“Tayo ang EDSA! Tayo ang pag-asa, ang totoo at ang pinakamakapangyarihang pwersa laban sa diktatura!“–Bagong Alyansang Makabayan secretary general Renato Reyes Jr. during a commemoration of the first People Power Uprising at EDSA last Saturday, 23 January.

Protest greets Xi Jinping visit

Various groups held a mass action at the Chinese consulate in Makati City last Tuesday (November 20) to denounce the visit of Chinese President Xi Jinping as they expressed outrage against the Rodrigo Duterte government for its subservience to the Chinese government.

The Pilipinong Nagkakaisa Para sa Soberanya o P1NAS called Duterte a traitor to the Pilipino people as it pointed out that his government is virtually surrendering Philippine territory in the West Philippine Sea to China.

Even after losing in an international tribunal that determined the disputed areas are part of the Philippine exclusive economic zone three years ago, China refuses to recognize the decision  proceeded to militarize some islands.

China’s presence in the area includes so-called “ joint development” schemes with the Duterte government seen as a  weakening of the Philippine claims.

In the said rally, Bagong Alyansang Makabayan (BAYAN) expressed concern that Duterte’s economic deals with China may push the Philippines under deeper debt.

In his visit to the Philippines, Xi took home 29 agreements, including an understanding on joint oil exploration in the West Philippine Sea and the construction of mega dams, including the Chico River Pump Irrigation, the New Centennial  Water Source Kaliwa Project, and the Agus-Pulangi Mega Dam project.

Indigenous peoples earlier raised fears that the China-ODA projects will cause their displacement from their lands and livelihood.

“Pawning our lands to an imperialist country like China is a serious crime that may lead to ethnocide,” Kalipunan ng Katutubong Mamamayan ng Pilipinas said. # (Joseph Cuevas)

‘Maaari na silang patayin?’

“Sabi ni DAR secretary Castriciones, ‘Sila pong namatay na siyam, hindi sila ang may-ari ng lupa at ng hacienda.’ Ang ibig sabihin ba nito ay maaari na silang patayin?”–Rita Baua, Bagong Alyansang Makabayan

Panayam kay Dan Balusio ng BAYAN Bikol sa ika 46th na Komemorasyon ng Martial Law

Setyembre 21, 2018 – Panoorin ang panayam kay Dan Balusio, Secretary-General ng BAYAN Bikol hinggil sa kalagayan at panawagan ng mamamayan ng rehiyong Bikol tungkol sa Martial Law mula noon hanggang ngayon.