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CPJ finds ‘shrinking space for free press in PH’

By ALYSSA MAE CLARIN
Bulatlat.com

MANILA — A high-level mission of the Committee to Protect Journalists (CPJ) raised alarm over the “shrinking space for free press in the Philippines” in a press conference, April 16.

The CPJ mission said it believes that the attacks and threats against critical media organizations are politically motivated.

The New York-based group cited the 11 legal cases filed against Rappler and the cyber attacks against small media outfits.

Leading the group is CPJ’s Board chair Kathleen Carroll, joined by CPJ Asia Program Coordinator Steven Butler and Alliance for Journalists’ Freedom director Peter Greste.

The group met with various media groups as well as government officials, such as the Presidential Task Force on Media Security (PTFoMS), the secretary of the Department of Justice, Bulatlat, Kodao Productions, AlterMidya, and the National Union of Journalists in the Philippines since April 14.

“Government forces are finding new and increasingly sophisticated ways to shut down press freedom. So the attacks on Rappler and others have a chilling effect across all journalists. That is profoundly damaging the country’s democracy,” Greste said.

“Our concern [is], not just about Rappler, but on the broader impact on the freedom of the press on the Philippines,” Butler for his part said.

Carroll explained that what concerns them most were the media killings and the dismissive stance of the PTFoMS on the cyber-attacks against news organizations.

“Not taking the (cyberattacks) as an issue is a mistake, and we hope that they reconsider, ” she said.

Carroll added the “red-tagging” of journalists and media people to be “very frightening.”

“This is a very great concern for the CPJ and the international community, because the Philippines has long enjoyed a very robust free press. We are concerned that not a lot is being done to protect your (Filipino journalists) ability to work without fear of retribution, prosecution, and attack,” said Carroll.

The group is set to publish its official mission report on its website after finalizing all the details.

The Philippines ranks fifth on CPJ’s Impunity Index, which measures the extent to which the killers of journalists escape punishment.

The 2009 Maguindanao massacre, in which 32 of those killed were journalists, remains the worst single incident of journalist killing in CPJ records.

Not a single conviction has yet been obtained for these murders. #

Sison warns against Duterte’s ‘war panel’

National Democratic Front of the Philippines (NDFP) chief political consultant Jose Maria Sison warned that President Rodrigo Duterte’s plans to constitute a new government negotiating panel with at least three military officers as members is for “militarist purposes.”

“[The NDFP] and the Filipino people should be alert to Duterte’s militarist purposes in announcing that he wishes to reopen the peace talks with the use of a militarized negotiating panel under the militarized office of the presidential adviser, General [Carlito] Galvez,” Sison said.

Sison was reacting to Duterte’s speech at the PDP-Laban campaign sortie in Bukidnon Saturday, when the president talked about looking for members for a new peace panel, most of whom would come from the military.

“I’ll look for a new one, new methods, new people to talk to. Maybe one, two, three of them are from the military. Maybe around five. Two civilian members, three from the military,” Duterte said.

The president said he dissolved the previous peace panel last March 20 because it took them too long to negotiate with the NDFP.

“It took too long. Nothing happened in three years,” he claimed.

The previous Government of the Republic of the Philippines (GRP) negotiating panel was composed of labor secretary Silvestre H. Bello III as chairperson and members Hernani Braganza, Angela Librado-Trinidad, Rene Sarmiento and Antonio Arellano.

‘Willing and committed GRP panel’

Records, however, show that Duterte’s first negotiating panel produced groundbreaking draft agreements with the NDFP on substantive agenda as well as the longest bilateral ceasefire between both parties that lasted five months.

In June 2018, the GRP-NDFP panels and reciprocal working committees and groups drafted the following:

  1.  Stand Down Agreement,
  2. Guidelines and Procedures towards an Interim Peace Agreement and the Resumption of Talks and its attached timetable,
  3. The Initialled Interim Peace Agreement, and
  4. The NDFP Proposed Draft of the Amnesty Proclamation which was given to the GRP and the Third Party Facilitator.

The documents were ready for Duterte’s approval when he again cancelled the formal round in Oslo, Norway scheduled a week after the both panels initialled the documents.

Earlier, both panels have already approved land reform and rural development as well as national industrialization and economic development subsections of the substantive social and economic reforms substantive agenda the parties mutually described as the “meat of the negotiations.”

NDFP chief negotiator Fidel Agcaoili in fact acknowledged that the Bello-led GRP panel were willing and committed negotiators upon learning their counterparts were fired last March 14.

“The GRP should be wise enough to choose those who are willing or committed to address the roots of the armed conflict in order to attain a just and lasting peace as Sec. Bello has shown in the long years that he has been a consultant, member and then chairperson of the GRP panel since 1994,” Agcaoili said. 

Duterte, however, brushed aside the results of two years of hard work by both panels when he cancelled for at least the third time last June 2018 the formal round after meeting with his Cabinet’s security cluster.

“That the suspension comes after a command conference with the Armed Forces of the Philippines shows the power that warmongers wield over the civilian branch of this government,” the group Kapayapaan Campaign for a Just and Lasting Peace said at the time.

Presidential peace adviser Galvez, former Armed Forces chief of staff explained that the dissolution of the first GRP peace panel last month was aimed for the creation of a new panel that will focus on the so-called localized peace engagements.

Galvez added they will reconstitute the panel that will implement the government’s whole-of-nation approach.

‘War panel’

Sison, however, said the NDFP does not want to be baited into accepting a war panel of the Duterte regime, “whose purpose is merely to seek the impossible, such as the surrender of the revolutionary forces, especially the New People’s Army.”

“The NDFP must remind Duterte that he cannot dictate the terms of whatever kind of negotiations he seeks from the revolutionary movement of the people,” Sison said.

He added that Duterte must also explain why he terminated the peace negotiations and annul all agreements painstakingly made since the The Hague Joint Declaration of 1992.

Sison also asked why Duterte terminated and dismantles the GRP section of the Joint Monitoring Committee formed under the Comprehensive Agreement on Respect for Humans Rights and International Humanitarian Law tasked to receive and investigate complaints of human rights violations allegedly committed by either party.

“By all indications, Duterte is merely play-acting in the name of peace while carrying out an all-out war and scheming to rig the May 2019 elections in order to pave the way for a fascist dictatorship through charter change to a bogus federalism,” Sison said. # (Raymund B. Villanueva)

Lower official poverty estimates don’t mean less poor Filipinos — IBON

Research group IBON said lower reported official poverty estimates for the first semester of 2018 unfortunately do not necessarily mean that the country’s poverty situation is improving.

The group observed that standard of living allowed by the official poverty line is very low and grossly underestimates the real number of poor Filipinos.

Unless corrected, it gives a misleading picture of the conditions of millions of poor Filipinos and hinders the country’s anti-poverty efforts, IBON said.

The Philippine Statistics Authority (PSA) reported the proportion of supposedly poor Filipinos as falling to 21.0% in the first semester of 2018 or to just 23.1 million poor Filipinos.

This is a seemingly marked improvement from the reported 27.6% poverty incidence and 28.8 million poor Filipinos in the same period in 2015.

The proportion and number of poor families likewise also fell.

IBON observed however that the supposed improvement is based on a daily per capita poverty threshold averaging just some Php69.50 nationwide and a daily per capita subsistence or food threshold of only some Php48.60 in the first semester of 2018.

These are grossly underestimated thresholds that do not meet decent minimum standards for food, shelter, transportation, utilities, health care and education, the research group said.

The research group urged economic planners to review the official methodology in poverty estimation.

The subsistence and poverty thresholds are in dire need of updating and upgrading according to more decent standards, IBON said.

The PSA estimates the poverty threshold by first computing a subsistence or food threshold and then mechanically multiplying this by a factor of around 1.43 to get the poverty threshold.

These are both problematic, IBON added.

The subsistence food basket is estimated using so-called ‘least cost’ and ‘revealed preference’ approaches.

 These result in an extremely cheap food menu, which, while technically meeting bare nutritional requirements, is not just sorely lacking in variety but also only hypothetically available for families, IBON said.

The research group observed furthermore that the crude multiplier applied to calculate non-food items is also unacceptable.

This method does not calculate a budget for meeting families’ other needs for shelter, transportation, utilities, health care and education.

It is then unable to account for rising costs of housing, public transport, water, electricity, medical treatment and medicines, and schooling.

The research group pointed out that IBON estimates on Family Income and Expenditure (FIES) data in 2015 revealed that that the poorest 50% or 11.4 million families had monthly incomes of just Php15,000 or less and the poorest 60% or 13.6 million families just some Php18,000 or less.

These estimates at around those income levels would give a better picture of the real state of deprivation of tens of millions of Filipinos than current official poverty statistics, IBON said.

The choice of official poverty lines is a political one, IBON said.

Setting a high standard indicates the government having a high level of ambition for poverty eradication.

Conversely, setting a low standard indicates low targets for dealing with the poverty situation.

Government, however has chosen the latter, which results in tens of millions of Filipinos not meeting minimum standards of well-being and hidden behind unrealistic official poverty statistics, IBON concluded. #

Bishop calls for end to ‘barbaric attacks’ as police general says church ‘not competent’ to probe Negros killings

By Visayas Today

“I am begging our state forces, the police and military personnel, these killings must end.”

This was the earnest appeal Wednesday by San Carlos Bishop Gerardo Alminaza as controversy continues to hound the March 30 deaths in Negros Oriental of 14 men during a police operation that was initially dubbed an anti-crime drive but was later acknowledged to be targeted against alleged communist rebels.

Alminaza’s statement was read by Fr. Eduardo Laude, director for pastoral management of the San Carlos diocese, who represented the prelate at the Wednesday Roundtable at Lido hosted by journalist Melo Acuna, which discussed the Negros Oriental killings.

The bishop was in Cebu City for the launching of a movement that will campaign for an end to killings and other rights violations.

“This is very personal on my part,” Alminaza said in his statement.

“Fourteen people of our island perished in this barbaric operation. They are part of my flock, their deaths pierced my heart with pain,” he added.

“I share the collective suffering of the many families left by the barbaric arrogance of our state forces,” the bishop said.

“We are demanding peace based on justice,” he said.

In all, said Alminaza, 69 persons have died in what are believed to be politically motivated killings, a substantial number of these happening in his diocese in less than half a year in what he called a “continuing injustice.”

In October 20 last year, nine persons were massacred in a farmers’ protest camp in Sagay City, Negros Occidental, which is part of the diocese.

And on December 27, police mounted the predecessor to the March operation, Oplan Sauron, leaving six persons dead in Negros Oriental, five of these in Guihulngan City, again part of the diocese.

Of the 14 persons killed on March 30, eight were from Canlaon City, which also belongs to the San Carlos diocese.

Manjuyod town accounted for four of the dead, including two barangay captains, and Sta. Catalina, two more.

Laude told the forum that the diocese had immediately mounted an investigation into the March 30 deaths and said the accounts of eyewitnesses and the families of the slain disputed police claims that those who died were killed when they fought it out with officers serving search warrants.

He also pointed to alleged irregularities, saying witnesses told of police commandos concealing their faces in balaclavas and with no nameplates on their uniforms who “surrounded victims’ houses and forced their way inside without identifying themselves as enforcers or giving them a chance to read the warrants.”

In earlier interviews to media, families of the fatalities, who lived far from and did not know each other, gave similar accounts of what happened, all saying the raider forced them out of their houses or rooms and then executed the victims.

Laude also said all accounts noted that “no barangay officials were present at the time of entry or search,” and showed up “only hours after.”

But Philippine National Police director for police-community relations, Major General Benigno Durana Jr, immediately dismissed the church’s findings saying it was “not a competent or legitimate investigative body.”

“Any findings they have will not matter,” he stressed, even as he warned that, “if you peddle that it will create a biased perception against our legitimate police forces.”

But Laude clarified that they had tapped the services of lawyers in their investigation and also cooperated with the Commission on Human Rights. Durana also claimed that, while “some sectors would call (the fatalities) farmers,” these were “farmers with other activities” who “acted as tipsters” and, thus, were “either accessories or accomplices of terrorist groups,” referring to communist rebels behind the assassination or ambush of police personnel.

He insisted that accusations of human rights violations were “all lies” by “sectors who are front organizations” of the Communist Party of the Philippines and New People’s Army.

When CHR representative noted that, since the repeal of the Anti-Subversion Law, “belief in communism is not a crime” and that the farmers, had they committed any crimes, should have been tried, Durana accused him of “parroting the propaganda line of the CPP-NPA.”

Siapno protested this “unfair assertion” and stressed that the farmers enjoyed the presumption of innocence as much as the police operation was covered by the presumption of regularity.

He also stressed that even if police claimed the slain farmers were killed because they fought back, these “should be tried and go through our courts.”

Alminaza, meanwhile, minced no words in his statement, calling the police’s insistence that the farmers fought back “callous.”

The bishop pointed out that Negros has had “a long history of social struggle” and the island’s farmers possess “grate social awareness” as well as “experience defending our lives and rights.”

Citing the atrocities committed on the island by the police, military and paramilitary groups during the Marcos dictatorship, Alminaza said: “Here we are again calling to stop the attacks of violent and barbaric at the very hands of our state forces. Let me ask this again: What’s happening? Are we still observing law and order?”

Referencing the thousands of deaths from the government’s bloody campaign against narcotics, he noted that “the madness of the drug war has rippled into our farming communities, inflicting more harm to … our poor communities.”

“Why continue this madness? Why execute people by mere suspicion? Why shed blood just because of command from the mighty? Why? We demand answers,” Alminaza said as he reiterated an earlier warning for state security forces to “please make sure you are not adding more reasons for our people to get disillusioned with our government and peacekeepers that will make the best recruiters for the underground movement.”

COVER IMAGE: Journalist Melo Acuna, police Major General Benigno Durana Jr., Fr. Eduardo Laude and the CHR’s Marc Siapno discuss the March 30 killings of 14 persons during police operations in Negros Oriental at the Wednesday Roundtable at Lido. (image grabbed from video courtesy of Melo Acuna)

Paolo still refuses to show tattoo

In the wake of a series of videos accusing former Davao City vice mayor Paolo Duterte of being a member of a drug triad, the embattled son of President Rodrigo Duterte is again being asked to show his tattoo to disprove allegations by Senator Antonio Trillanes and Magdalo partymate Gary Alejano.

Trillanes said the younger Duterte has a “colored and dragon-like figure” tattoo, but he refused, invoking his right to privacy. The tattoo allegedly bears Duterte’s serial code as among the leaders of the drug syndicate responsible for smuggling in tons of illegal drugs into the country.

Cartoon by Mark Suva/Kodao

‘Atin ang ‘Pinas, China layas!’

Isang kilos-protesta sa Araw ng Kagitingan ang isinagawa ng iba’t-ibang grupo sa pangunguna ng Pilipinong Nagkakaisa para sa Soberanya o P1NAS sa Konsulado ng Tsinasa Makati City ngayong araw, Abril 9.

Nananawagan sila na itigil ng China ang panghihimasok nito sa teritoryo ng bansa kabilang na ang mga isla sa West Philippine Sea (WPS).

Ayon sa P1NAS, sa kabila ng panalo ng bansa sa International Tribunal ay patuloy pa rin ang pag-okupa ng China at pag-angkin sa ilang isla sa WPS.

Binatikos ng P1NAS ang administrasyong Duterte at nagbabala sa posibleng pagkabaon sa utang ng bansa kapag nagpatuloy pa ang pag-utang nito sa China para sa mga proyekto tulad ng Kaliwa Dam Project at iba pang kwestiyonableng kasunduan. (Bidyo ni: Joseph Cuevas/ Kodao)

Survivors’ tales show ‘most evil intentions’ in Negros Oriental killings

Visayas Today

MANJUYOD/CANLAON CITY –Sige na, sige na!” (Go ahead, go ahead!)

These words, followed by three shots – all she managed to count in her panic – and Angenate Acabal knew her husband Valentin, 47, was dead inside their home in Manjuyod town, Negros Oriental.

Some 125 kilometers north of there, around the same time, in Canlaon City, ordered out of her home at gunpoint, Carmela Avelino heard a shout in a mix of Tagalog and Bisaya: “Merong kalaban, nagsukol!” (There’s an enemy, he’s fighting back!)

Again, three shots and she knew Edgardo, 59, her husband, was gone.

Next door, Ismael, Edgardo’s 53-year old brother, uttered his last words, addressed to his 10-year old child, as his wife Leonora and two youngest children, the other 5, were herded out their house by armed men: “Indi pagpabay-i si Mama kag utod nimo.” (Don’t leave your mother and sister alone!)

As Leonora stepped outside their smashed door, she heard a burst of gunfire.

Contributed photo shows a masked police commando during the operation in Barangay Panciao, Manjuyod where three men, including village chairman Sonny Palagtiw, were killed.

As dawn broke on March 30, 14 men in all had died during pre-dawn raids by police commandos – eight in Canlaon, four in Manjuyod, two more in Sta. Catalina town – during what authorities initially called an “anti-crime operation” but later acknowledged was targeted against suspected communist rebels.

Even on an island beset by outbreaks of violence from an insurgency fueled by the vast gulf between the hacienderos, the planters, who own and control the vast sugarcane plantations that are Negros’ lifeblood and the landless farmers and laborers who toil for them, the single day’s toll came as a bad enough shock that Negros Oriental Governor Roel Degamo demanded police explain why so many needed to die.

Police claimed all the dead were rebel assassins, members of the New People’s Army Special Partisan Unit or SPARU, all supposedly wanted for carrying out attacks on government forces, who were killed when they chose to shoot it out against officers serving arrest or search warrants.

Malacanang stood by the police, insisting the operation was legitimate.

Never mind that many of the dead were in their 50s to late 60s, way too old to be the communist hitmen, who tend to be young, quick and agile, police claim they were, and two of those slain in Manjuyod were elected village chieftains – Valentin Acabal and Sonny Palactiw.Of the eight men killed in Canlaon, one was a Catholic lay minister and two – one of two father-and-son pairs – volunteer church workers.

As far as can be ascertained, only four of the dead – the Avelino brothers of Canlaon, Franklin Lariosa of Sta. Catalina, and Steve Arapoc of Manjuyod – belonged to peasant groups openly accused by state security forces of supporting or being “legal fronts” of the rebels.

And only the Avelinos appear to have been engaged in any recent activity that might have earned them the ire of authorities – the local farmers’ organization chaired by Edgardo hosted a forum about residents of neighboring Guihulngan City who had been displaced in December last year by a police operation similar to that of March 30.

Incidentally, police gave both operations the same code name – Sauron, the “dark lord” of The Lord of the Rings trilogy – with the March operation dubbed “2.0”.

And both operations involved not local police forces but units under the Central Visayas command based in Cebu City.

Aside from this, the warrants were also issued by courts in Cebu City, not in Negros Oriental. The separate but almost uniform accounts of Angenate Acabal and the Avelino widows, who do not know each other – as well as the stories the families of other victims told human rights organizations – not only belied the police accounts but, according to human rights lawyer Neri Colmenares, who visited the wakes of the three victims, showed “the most evil intentions,” the carefully coordinated “state-sponsored killings” of activists and others deemed “enemies of the state.”

All the stories begin in the dark before dawn – between 2 a.m. and 4 a.m. – with the sound of doors being smashed in and then armed men in tactical gear, their faces covered in balaclavas and even dark glasses, storming in, assault rifles aimed at stunned residents.

Angelate Acabal greets a visitor at the wake of her husband, slain Barangay Candabong, Manjuyod caption Valentin Acabal

Around 20 armed men burst into the Acabal household and roused the 17-year old son who slept on a couch in the living room, ordering him to kneel, his hands clasped behind his neck. It was a position he would keep for more than two hours.

Other policemen then barged into the room where Valentin, who was sick with the flu, and Angenate slept with their 7-year old daughter, ordering them to kneel on the floor with their hands up.

“All three of us were praying and our daughter begged them not to hurt us,” Angenate said after sending the girl to another room so she would not have to listen to the retelling.

“Then they grabbed and my daughter and forced us out of the room.”The last thing she heard Valentin say was a prayer: “Gino-o, gitugyan nako kanimo ang tanan.” (Lord, I leave everything up to you.)

For two hours, Angenate said she and her children were kept under guard in the living room, not allowed near the room where her husband lay dead, and accompanied even on trips to the toilet.

It was only around 6 a.m., as curious villagers began to gather, that the policemen summoned two councilmen. Only then did they show a search warrant and the .45 caliber pistol the village chief was supposedly armed with.

Angenate said one of the policemen who guarded them asked her what her husband’s name was. When she told him, “he shook his head and said, ‘But in the blotter it was Eric’.”

A copy of the warrant, which she obtained later, did show it was for Eric, not Avelino, Acabal. Colmenares said even if Acabal used to be called by his old nickname Eric, “the warrant should reflect his real name, Avelino. This already makes it irregular.”

Shortly after, Angenate said, policemen from the town arrived “but only to take away my husband’s body to the hospital even though it was clear he was already dead” from at least seven gunshots, including one that shattered his femur and genitals.

“There was no attempt to investigate the scene of the crime. The (police) Scene of Crime Operatives only inspected his body at the hospital.”

Senatorial candidate and human rights lawyer Neri Colmenares talks to Ray and Argie, sons of slain Barangay Candabong, Manjuyod captain Valentin Acabal.

Worse, said Arcabal’s son Argie, a Qatar Airways cabin crew who flew home on learning of his father’s fate, “they took P30,000 I had just sent home for home repairs and even P7,000 that my mother was keeping for our church, of which she was treasurer.”

Meanwhile in Canlaon, Carmela Avelino was awakened by her 16-year old daughter’s shout for help and rushed out thinking a snake had crawled into their house.

As she got out of bed, “the curtains of our window parted and I saw five rifle barrels aimed at us and a voice ordered us out of the room.”

In the dirt-floor front room, “five policemen stood in line, blocking me from my husband, while others ordered me and the children outside and to go to the community center next door.”

On their way out, they heard three shots from their house and, moments later, more gunshots from Ismael’s house.

Carmela Avelino shows the spot where her husband Edgardo was killed.

Leonora said she and her two young children were awakened by the commotion from Edgardo’s house and stepped out of their room to see their door burst open as six hooded men in black entered and ordered them to lie on the floor at gunpoint.

They were then ordered out of their home and to crawl toward another house where they were kept under guard for the next three hours.

Another Avelino brother, Efraim, rushed out of his nearby house only to be grabbed by his neck and pushed back inside by a gunman in a uniform of the police Special Action Force who ordered him back inside or “you might be the first.”

Like Valentin Acabal, the bodies of the Avelino brothers would be taken from their homes hours later, after daybreak, and taken to the local hospital even though they had already been dead for hours.

A boot print can still be seen on the broken door of the home of Ismael Avelino in Barangay Panubigan, Canlaon City.

Edgardo had been shot in the forehead and right arm. Ismael suffered at least five gunshot wounds.

But unlike Acabal, who has not been autopsied, the Avelino brothers underwent a post-mortem examination and had their deaths classified as “homicide” by the Canlaon civil registrar. Only after the ambulance had left were village officials summoned and shown warrants.

Carmela said the warrant for Edgardo gave his family name as “Marquez,” which is his middle name, and not Avelino.

She said the policemen then asked her to accompany them inside the house and showed her a .45 caliber pistol lying in the pool of blood where her husband had fallen and an M16 rifle they supposedly found by a closet.

A policeman also “returned” money taken from their home, only to find out that P2,000 was missing from the original P5,000.

Post-mortem diagram showing the gunshot wounds that killed Ismael Avelino.

A sister of the Avelinos, Azucena Garubat, was arrested for allegedly possessing a .38 caliber revolver and remains detained at the Canlaon police station, together with Corazon Javier, a coordinator of activist women’s group Gabriela, who was allegedly found in possession of a rifle grenade.

The two were among 12 persons nabbed in the course of the March 30 operation.

Reacting to the accounts of the widows, Colmenares said it was “clear the operations were irregular. The fact alone that they wore masks to serve supposed warrants proves this. And there is also the total lack of an investigation after the deaths, which indicates that the police have no intention whatsoever to tell the truth about what happened.”

But while confident about the chances of successfully prosecuting the police personnel involved in the bloody operation, Colmenares said this would not be enough.

“Public uproar is crucial to send the message that enough is enough.”He also said that ultimate responsibility for the March 30 deaths, as for the December deaths, lay with President Rodrigo Duterte, who last year issued Memorandum Order No. 32, which ordered more police and military personnel to the Bicol region, Samar island and Negros to “quell lawless violence.”

Colmenares said the actions of Duterte and the police fell into the “three patterns of evidence” he said were the bases for successful prosecutions involving extrajudicial killings:

· “Public vilification, which establishes motive”;

· “The brazenness with which the crime is committed”; and

· “The complete lack of interest to investigate o prosecute”

COVER PHOTO: Leonora Avelino (partly hidden, top) talks to visitors at the wake of her husband, Ismael, and his brother, Edgardo in Barangay Panubigan, Canlaon City.

Duterte admits ordering drug-related killings

President Rodrigo Duterte admitted to ordering the killings of suspected drug addicts.

In a recent speech in Malabon City last weekend, the president also admitted that he has failed in curbing the drug menage in the country.

“Ang droga hindi ko nga makontrol. P— ina, pinapatay ko na ang mga h–dot na ‘yan. Nandiyan pa rin ‘yung droga,” he said.

Cartoon by Mark Suva/Kodao

Lawyer: No reason for Duterte to suspend privilege of the writ of habeas corpus

President Rodrigo Duterte’s threat to suspend the privilege of the writ of habeas corpus has no legal basis and is an illogical reaction to criticism and opposition, a human rights lawyer said.

“First of all, there is absolutely no legal, constitutional, and factual basis to suspend the privilege of the writ of habeas corpus,” National Union of Peoples’ Lawyers (NUPL) president Edre Olalia said.

Reacting to Duterte’s speech before prosecutors in Puerto Princesa City Thursday, Olalia said that Duterte only validated accusations of his whimsical and vindictive exercise of power.

“[H]is threat smacks of authoritarian reactions of a leader intolerant of dissenting or divergent opinions,” Olalia said.

Outraged at widespread criticisms of his policies, Duterte said he may arrest all his critics.

Pero ‘pag ako ang pinaabot niyo ng sagad, I will declare a suspension of writ of habeas corpus and I will arrest all of you. Isama ko kayo sa mga rebelde, kriminal, pati durogista,” Duterte said. (If you push me to my limit, I will declare a suspension of writ of habeas corpus and I will arrest all of you. I will put you together with the criminals, rebels, and drug lords.)

Duterte also threatened to declare “revolutionary war.”

Pahirapan mo ako, I will declare a revolutionary war until the end of my term. Pasensiyahan tayo,” he said. (If you make things difficult for me, I will declare a revolutionary war until the end of my term. We test each other’s patience.)

Olalia however the president’s reaction to cautionary criticisms to his policies by the opposition is illogical.

“[H]is threat smacks of authoritarian reactions of a leader intolerant of dissenting or divergent opinions,” Olalia said.

“[T]here is no other appropriate people’s reaction but to fight and fight we must against brute despotism clothed in legal garb,” he added.

Other criticisms

Former solicitor general and candidate for the Senate Florin Hilbay cautioned Duterte, saying the last president who did so was ousted.

“Ser, remind lang kita: nung last time na ginawa ‘yan, may diktador na nasipa sa pwesto,” Hilbay posted on his Facebook wall. (Sir, may I remind you: the last time that was done, a dictator was ousted.)

Fellow senatorial candidate Neri Colmenares for his part called President Rodrigo’s threat “baseless” and “senseless.”

Colmenares, a human rights lawyer, said criticism of the president does not meet the constitutional or legal requirements to suspend the privilege of the writ of habeas corpus.

He said Duterte’s “inordinate reaction to so innocuous a statement from Senator Drilon” led him to suspect the president’s anger stemmed from recently released videos accusing him and his son Paolo, who is running for congressman in Davao City, to the illegal drug trade.

“If so, the charges in the videos can only gain traction,” Colmenares said.

“This is the first time I’ve heard a government threatening revolutionary war,” Colmenares said.

National Democratic Front of the Philippines chief political consultant Jose Maria Sison also said Duterte cannot engage in a revolutionary war “because he is a counterrevolutionary agent of foreign monopoly capitalists, big compradors and big landlords.”

“He is a bureaucrat capitalist of the worst kind,” Sison wrote in his quick reaction to Duterte’s speech.

Sison added Duterte “should not misappropriate and besmirch the noble calling of revolutionary.”

“He is a tyrant, traitor, plunderer and mass murderer hell-bent on imposing a fascist dictatorship on the Filipino people through charter change to a bogus kind of federalism,” Sison added.

Sison said Duterte is already engaged in de facto martial law nationwide and in the de facto suspension of the writ of habeas corpus.

Duterte is increasingly engaged in mass intimidation, mass arrests and mass murders, the president’s former political science professor said.

Sison added that if Duterte formally proclaims the suspension of the writ of habeas corpus or even martial law nationwide, he will only succeed in further enraging the people and inciting them to wage all forms of revolutionary resistance.

“The real revolutionary war is against his ongoing counterrevolutionary war,” Sison said. # (Raymund B. Villanueva, with JJ Espina)

Gov’t designed Kaliwa loan to favor China

The Kaliwa Dam loan agreement is designed to unduly favor Chinese interests over that of the Philippines.

IBON Foundation raised this concern in the wake of the release, upon public pressure, of this and other loan agreements.

Metro Manila private water concessionaire Manila Water Company, Inc. and the Metropolitan Waterworks and Sewerage Systems (MWSS) have long insisted on building the Kaliwa Dam and on a Chinese loan for this.

The Department of Finance (DOF) seized on the recent disruption of water services, which IBON estimates to have affected at least 6.1 million Filipinos or 80% of the total 7.1 million population covered by the Manila Water service area, to further justify the project and the loan.

IBON executive director Sonny Africa however warned that the Kaliwa loan agreement signed last year during the visit of Chinese president Xi Jinping is unduly biased for China and against the Philippines.

“Countries give official development aid (ODA) not out of charity but always to advance their foreign policy and self-interest,” Africa said.

“The Chinese loans negotiated by the Duterte administration are suspiciously disadvantageous for the Philippines,” he added.

IBON said that the practice of tied aid where loans are spent on the creditor country’s goods and services is unfortunately the norm in bilateral ODA.

In the Kaliwa loan deal, for instance, the proceeds will pay for Chinese contractors and controversially even Chinese workers. China has a record of charging relatively high interest rates and for instance charges the highest nominal interest rates among all of the Philippines’ bilateral donors.

The group however pointed out that the Kaliwa loan deal goes far beyond these and creates conditions for a debt trap.

This starts with the agreement’s Article 7 which makes it too easy for China to declare that the loan is in default and to subsequently declare “all the principal of and accrued interest… immediately due and payable”.

The loan for instance can apparently consider the Philippines in default if payment is more than thirty (30) days overdue, if the Philippines defaults even on other loans not in any way connected to the Kaliwa loan or project, or if “in the opinion of the Lender [there is] a material deterioration of the financial conditions of the Borrower”.

There are no such provisions in the other Japan and Korean loans that the DOF recently released.

Moreover, IBON said, the loan is explicitly governed by and construed in accordance with the laws of China (Article 8.4) and any disputes will be settled in the Hong Kong International Arbitration Centre (Article 8.5).

The arbitration rules of the HKIAC are however biased for China such as in the choice of arbiters and especially if Chinese law is made the agreement’s governing law.

IBON said the country is being set up to potentially give up natural and strategic resources.

In the agreement’s Article 8.1, the country “waives any immunity on the grounds of sovereignty or otherwise for itself or its property in connection with any arbitration proceeding” on assets within the territory of the Philippines unless prohibited by law.

IBON stressed that this provision is dangerous especially given the current administration’s predisposition to wield the law haphazardly for narrow ends.

“China rationally seeks to advance its self-interest as much as possible,” Africa said, “but it is suspicious that the Philippine government is giving so much to China and so badly failing to protect the country’s interest.”

He also pointed out: “China is not just any lender and is aggressive in asserting its global agenda even at the expense of human rights, environmental protection, and feeding corruption in debtor governments.”

The Kaliwa Dam project does not even yet have an updated feasibility study, environmental clearance, or the free, prior and informed consent (FPIC) of the communities.

IBON pointed out that the Duterte administration is seeking as much as US$14.4 billion for 23 infrastructure projects under its Build, Build, Build program.

“China has already been implicated in a few controversial debts gone bad where governments were pressured to give up control over strategic assets like ports,” Africa said.

“As it is, China’s actions in the mineral- and marine- rich West Philippine Sea islands and destruction of the rich marine biodiversity with reclamation activities shows that it is unconcerned about Philippine sovereignty and our interests,” he added.

Africa said: “The Duterte administration made a big show of supposedly independent foreign policy at the start of its term — it can start now by taking bold measures to modify or terminate these disadvantageous agreements.” #