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Another activist arrested with same warrant, same allegation and same judge

A second unionist was arrested on Thursday, March 4, with a search warrant of the same allegation and from the same judge, leading a human rights organization to ask if the country’s courts have become factories of “bogus search warrants.”

Lakas ng Manggagawang Nagkakaisa sa Honda and Alyansa ng Manggagawa sa Enklabo member Arnedo Laguinias was arrested at his house in Barangay Pulong, Sta. Rosa, Laguna by Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) operatives.

Like Confederation for the Unity, Recognition and Advancement of Government Employees National Council member Ramir Corcolon who was arrested at 4:30 AM at his home in San Pablo City, Laguna yesterday, Laguinias is alleged to have illegally possessed a rifle grenade.

Instead of rifle grenades, however, the police claimed they found identical .45 caliber handguns at both raids.

Laguinias was an illegal surveillance, harassment and red-tagging victim of the National Task Force to End Local Communist Armed Conflict last year that alleged the unionist is a high-ranking official of the Communist Party of the Philippines and the New People’s Army, human rights group Karapatan Southern Tagalog said

Laguinias and Corcolon are detained at the PNP-CIDG Southern Luzon headquarters at Camp Vicente Lim in Canlubang, Laguna.

The search warrant used to raid the unionist’s home was also issued by Sta. Cruz (Laguna) Regional Trial Court (RTC) Presiding Judge Divinagracia Bustos-Ongkeko.

‘Factories of bogus search warrants’

Karapatan said the Judge and her Court are “notorious” for issuing “bogus search warrants.”

Sta. Cruz (Laguna) Regional Trial Court Judge Divinagracia Burgos-Ongkeko delivering a speech before the Laguna Provincial Police office. (Photo from Judge Burgos-Ongkeko’s Facebook page)

The group likened Burgos-Ongkeko with fellow Sta. Cruz, Laguna Judge Cynthia Mariño-Ricablanca and Quezon City Regional Trial Presiding Judge Cecilyn Burgos-Villavert as “factories” of orders that inevitably result in planted evidence.

Karapatan revealed that Mariño-Ricablanca have in the past issued invalid warrants against Calaca, Batangas  sugar cane farm workers who the police accused to have illegally possessed guns and explosives.

The charges against the farm workers were later dismissed because the search warrant, aside from its inherent irregularities, violated due process, the group said.

Burgos-Villavert’s search warrant against journalist Lady Ann Salem and labor union organizer Rodrigo Esparago was also dismissed by the Mandaluyong City RTC as it violated due process and inconsistencies in the testimonies provided by the police.

Karapatan accused Burgos-Villavert as the most notorious among the three, having issued the most warrants that arrested activists in Metro Manila and Negros island with the same allegations: illegal possession of guns and explosives.

One such order by Burgos-Villavert resulted in last year’s arrest of women’s rights activist Reina Mae Nasino who was seven months pregnant when Bagong Alyansang Makabayan’s Tondo, Manila office was raided by the same police unit: the CIDG.

Nasino was forced to give birth while in custody, but was denied the chance to nurse her infant.

The child’s death became an international scandal because of the “inhumane” manner jail guards conducted his internment.

Karapatan said it appears that some judges have become accomplices in the Rodrigo Duterte’s “witch hunt” against activists. # (Raymund B. Villanueva)

Media groups warn against publication of Duterte’s narco-list without verification

Media groups cautioned journalists and editors against publishing Malacañan’s list of public officials allegedly involved in the illegal drugs trade.

In a joint statement, the National Union of Journalists of the Philippines; Philippine Press Institute; Center for Community Journalism and Development; Philippine Center for Investigative Journalism; Center for Media Freedom and Responsibility; Mindanews and the Freedom for Media, Freedom for All Network said that both the government and the media can not play fast and loose with due process and rule of law.

The groups said that, without verification, the publication of the so-called narco-politicians list including 82 candidates in the May elections is a denial of due process and presumption of innocence for those on the list.

The groups added that the hasty publication of the list is a violation of the journalistic values of fairness, accuracy, and independence.

“Instead of rushing to print or air, we now urge all our colleagues to exercise utter prudence and fastidious judgment in evaluating this ‘story,’” the groups said.

The media organizations said publication of the government’s list redounds to mere trial by publicity of political rivals, and a publicity stunt for the public and the news media’s transient amusement without convincing proof or cases filed in the courts.

“Such naming and shaming calls attention to the possible invasion of privacy, as well as denial of due process and presumption of innocence, for those on the list,” the groups explained.

“Once published or broadcast, the travesty will be magnified as a collective disregard for the rule of law, and a clear breach of the time-honored traditions of fair, accurate, and independent journalism, by the news media,” they explained.

’82 candidates’

Duterte’s list, based on still to be verified intelligence reports and wiretapped information received from foreign governments, reportedly includes 82 candidates.

Philippine Drug Enforcement Agency Director General Aaron Aquino, however, said he is against the release of the list, adding that his agency has yet to re-validate it.

“As of now, there is an instruction for PDEA to disclose list. [But] I can’t do it right now because we have not finished the re-validation of the narco-politicians,” Aquino said.

Commission on Elections spokesperson James Jimenez also said the government must “convict first” before those on the list could be disqualified as candidates.

The media groups urged the National Bureau of Investigation to validate the list’s contents before the authorities could build cases and file the appropriate charges against the alleged narco-politicians.

“Rather than seek publicity for its unverified ‘narco list’ story, the Duterte Administration should waste no time to build cases, file charges, prosecute, and send to jail the guilty, if indeed it had proof and evidence on hand,” the media groups said.

‘Verify, verify, verify’ 

The media groups said publishing Duterte’s list may open news outfits to libel suits should those named choose to file charges as Panelo suggested.

They said that taking Malacañan’s word at face value, reporting its claims uncritically, and rushing to print or broadcast just a list that tags people without proof are not without serious consequences.

“All these could put the life and liberty of persons in serious peril; all these could put the ethics and credibility of the journalism profession in serious doubt,” they said.

“Verify, verify, verify. And do so independently. That is the first thing that the news media can and should do, before running a list that tags and links people to hateful crimes, on the mere say-so of the President and his political lieutenants,” they added.

“We, journalists and media organizations can, at the very least, refuse to play along when the government and those who are supposed to lead the nation play fast and loose with due process and the rule of law,” the groups said. # (Raymund B. Villanueva)

NDFP’s Vic Ladlad talks about their arrest last Thursday

“Paglabag sa mga provision ng Joint Agreement on Safety and Immunity Guarantees (JASIG) ang pag-aresto sa akin at pagkukulong. Ang provision ng JASIG sa safety and immunity ay perpetual.

“Planted, itinanim, ang mga firearm at explosives na, diumano, ay nakuha sa bahay na tinatirahan namin.  Nakita naming nang ipasok ng mga operatiba ng Quezon City Police District ang isang bag na naglalaman ng ‘baby’ M-16. Maikli ang bag na kinalalagyan nito at nakalabas ang kanyon at bahagi ng katawan ng riple.  Nakalagay sa isang mahaba pero narrow na case ang isang riple na ang rifle butt at makikita sa likuran ng case. Nakita rin ng isa sa amin na inilagay ng operatiba ng QCPD ang isang pistol.”

Ladlad and companions say PNP planted guns, grenades

As expected, the Philippine National Police claimed that National Democratic Front of the Philippines consultant Vicente Ladlad was in possession of an assortment of guns and grenades when arrested in Barangay San Bartolome at around midnight last Thursday.

At their inquest proceedings at the Quezon City Hall of Justice Friday, however, Ladlad asserted the guns and grenades were planted by the PNP, as they did when his fellow NDFP consultants Rafael Baylosis and Adelberto Silva were taken.

The couple Alberto and Virginia Villamor were arrested with Ladlad.

Atty. Rachel Pastores, managing counsel of Public Interest Law Center and lead counsel of the accused, said there are clear defects and irregularities in the warrant presented before the Prosecutor. Atty. Pastores cited that her clients was not given a copy of the search warrant during the arrest and their constitutional rights (Miranda Law) were violated.

Atty. Pastores is hoping that the inquest prosecutors resolving to the complaint will grant their manifestions and will drop the cases against their clients. The deadline of resolution is on Monday, November 12. # (Video by Joseph Cuevas)

‘Hindi krimen ang lumaban’

“Hindi krimen ang lumaban. Ang tunay na krimen, mga kababayan, ay ‘yong nag=aasta lang diktador na lahat ng sabihin mo ay itinuturing na batas. Walang pakialam sa rule of law. Walang pakialam sa due process.”—Rep. Sarah Elago, Kabataan Partylist

Groups launch campaign for Sr Pat

Various church and sectoral groups launched a campaign to defend Sr Patricia Fox, NDS from what they call is a simple harassment by the Rodrigo Duterte government.

In a gathering at the Chancery of the Archdiocese of Manila in Intramuros last April 30, speakers and performers said Sr Pat was a victim of lack of due process.

They gave testimonies of the nun’s missionary work in the Philippines, adding threats to deport her are “anti-Filipino and anti-poor.”