Help the victims of

Typhoon Sendong!

Flash floods caused by the Tropical Storm Sendong (International name Washi) have ravaged the provinces in Northern Mindanao and Visayas in the Philippines on Sunday, 18 December 2011. Since then, the death toll has reached to more than a thousand with hundreds more reported missing. Typhoon Sendong is now considered to be the deadliest storm in 2011. Relief and rescue operations are still ongoing.

Campaign for Human Rights in the Philippines, together with Kanlungan, the Alliance of Filipino organisations in the UK, appeals to its partners, friends and the rest of the international community to assist our kababayans in this urgent time of crisis. Kanlungan ang CHRP have partnered with EILER in the Philippines so that all proceeds of our donation drive will go to the relief and rescue operations by the Rural Missionaries of the Philippines, Northern Mindanao Sub-Region.

You can donate through Paypal, by clicking and type in under purpose “Typhoon Sendong.”

KARAPATAN Press Release

1 December 2010

THE NATIONAL human rights alliance, KARAPATAN, presented to the public
its 2010 Human Rights Report saying that the violation of civil and
political rights is “getting worse” and that “nothing has changed” in
the rights situation under President Benigno Simeon Aquino III.

(Click here to download the 2010 Human Rights Report by Karapatan)

“From the 18 killed in the last six months of Macapagal-Arroyo, there
were already 20 victims of extra-judicial killings in the first four
months of Pres. Noynoy Aquino,” KARAPATAN Chairperson Marie
Hilao-Enriquez said. “Contrary to his promised change and daang matuwid
(straight or righteous path), PNoy not only did not pursue justice for
the victims, he is adding more victims to the already long list. His
promised ‘cases of extrajudicial killings need to be solved, not just
identify the perpetrators but have them captured and sent to jail’
statement has fast become an empty forgotten promise as killings
continue without let up. In fact, perpetrators have become more
atrocious and impunity is worsening,” a distraught Enriquez bewailed.

The report covered documented data up to the end of October this year.

“PNoy’s designation of Col. Domingo Tutaan, Jr. as the new chief of the
military’s so-called Human Rights Office is an alarming message that no
essential change will take place in the character of a repressive
state,” Enriquez added. “For a start, we ask how can Col. or soon to be
BGen. Tutaan investigate his brother Lt. Col. Federico Tutaan in his
unit’s involvement on the killing of the renowned botanist Leonard Co,
and his companions? This early, the officer is already denying that they
made an error in mistakenly identifying Co’s party as rebels and washing
off his hands of culpability, ” Enriquez quipped.

Also with Enriquez who reported on the rights situation was Dr. Julie
Caguiat, director of the Community Medicine Development Foundation
(COMMED), one of the health organizations supporting the call to release
the detained Morong 43 health workers who are now on their 10th month of
illegal detention.

Karapatan expressed alarm over the systematic violation of rights and
intensified attacks against human rights defenders in the on-going
counter-insurgency program as state authorities, on November 22, 2010,
raided Karapatan- Camarines Norte office which it shares with
progressive organizations in Daet, Camarines Norte.

“The illegal search, arrest and detention of the Morong 43 health
workers are replicated in the Daet AFP-PNP raid where four activist
leaders were taken and are now detained and charged with illegal
possession of explosives based on planted pieces of evidence,” Karapatan
said. “Fabricated charges are becoming the rule, never mind if the
arrest and detention are “fruits of a poisoned tree,” never mind if the
IALAG is already abolished; it seems the military can always have its
wishes; maybe because the present Commander-in-Chief abets the
wrongdoings of the institution he heads the way his predecessor did ,”
sadly observes Enriquez.

“We strongly urge the Aquino government to free the 43 and all political
prisoners; correct the errors committed in their arrests as he so
declared and desist from conducting political persecution,” Dr. Caguiat
asserted.

“Of the 43, there are 26 women, two of whom are nursing mothers. Some,
like 62-year old Dr. Alexis Montes, have become sickly in detention,”
she said.

There are some 371 political prisoners all over the country to date.
Among them are Angie Ipong from Western Mindanao, Ed Serrano from
Southern Tagalog, and Ed Sarmineto from Eastern Visayas. They are
consultants for the peace negotiations of the National Democratic Front
of the Philippines (NDFP) and are supposedly covered by the Joint
Agreement on Security and Immunity Guarantees (JASIG) with the government.

“It is not fair for Malacanang to unilaterally grant amnesty to mutinous
soldiers even if their cases are still pending in court and then leaving
the fate of political prisoners solely with the courts. In the case of
the Morong 43, it has been admitted by no less than the President
himself that the warrant was faulty and pieces of evidence were
illegally gotten,” Karapatan said.

Disturbing, too, is the state of militarization of the rural areas under
PNoy. As he announced an increase in the number of paramilitary troops,
AFP men are actively recruiting minors to the Citizens Armed Forces
Geographical Unit (CAFGU) especially in the communities which the
military suspect as “rebel strongholds.” “We call on the President to
stop the military deployment in rural areas, revoke EO 546 as a first
step in dismantling the paramilitary forces and PNoy to be more
circumspect in his announced increase in the number of CAFGU’s to beef
up the military forces. The President must really ponder on continuing
with a counter-insurgency plan, however “respectful” it supposedly would
be to human rights; he must realize that counter-insurgency measures,
which are dictated by US imperial power, only bring human rights
violations to our already-suffering people,” added Enriquez.

Concluding the presentation, Karapatan calls on the people to continue
to be more vigilant in asserting and defending their human rights in the
face of renewed counter-insurgency measures to be put in place in the
coming years. It also appeals to the international community to continue
monitoring the human rights situation in the Philippines.###

SIGN THE ONLINE PETITION TO FREE THE 43 HEALTH WORKERS!!!

http://www.bulatlat.com/main/2010/03/13/a-primer-on-the-illegal-arrest-detention-and-torture-of-43-health-workers/

Who are the 43 health workers?

The 43 health workers, also known as “Morong 43”, are health professionals and volunteer community health workers who were arrested in Rizal on February 6, following a raid by the combined forces of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP).

The 43 were part of a Community First Responders’ Health Training sponsored jointly by the Community Medicine Development Foundation (COMMED) and the Council for Health and Development (CHD). The training was held at the residential compound located at 266 E. Dela Paz St., Brgy. Maybangcal, Morong, Rizal. The compound is owned by Dr. Melecia Velmonte, chairperson of COMMED’s Board of Directors and a renowned and respected infectious disease specialist and a professor emeritus of the University of the Philippines (UP) College of Medicine.

On February 6, 2010 at 6:15 am, joint elements of the 202nd Infantry Brigade of the Philippine Army (202nd IBPA) headed by its commander, Colonel Aurelio Baladad and the Rizal Provincial Police (PNP) headed by Police Superintendent Marion Balonglong raided the l compound of Dr. Velmonte.

Among those arrested were 2 doctors, 1 registered nurse and 2 midwives and 38 volunteer community health workers.

They are :

1. Merry Clamor y Mia, 33 y/o, medical doctor, CHD staff
2. Alexis Montes y Sulinap, 62 y/o, medical doctor, Commed volunteer
3. Gary Liberal y Apuhin, 43 y/o, registered nurse, AHW
4. Ma. Teresa Quinawayan y Roncales, 26 y/o midwife, CHD staff
5. Lydia “Del” Ayo Obera, 61 y/o, AHW staff & health educator
6. Reynaldo Macabenta y Torres, 30 y/o, CHD staff
7. Angela Doloricon y Manogon, 50 y/o, health educator
8. Delia Ocasla y Medrano, 46 y/o, community health worker
9. Janice Javier y Quiatchon, 22 y/o, community health worker
10. Franco Remoroso y Bilugan, 28 y/o community health worker
11. Linda Racel Otanez community health worker
12. Pearl Irene Martinez y de los Reyes, 25 y/o community health worker
13. Eleonor Carandang y Orgena, 30 y/o community health worker
14. Danny Piñero, community health worker
15. Ray-om Among, community health worker
16. Emily Marquez y Manguba, 23 y/ocommunity health worker
17. Emilia Marquez y Manguba,20 y/o, community health worker
18. Jane Balleta y Beltran 27 y/o, community health worker
19. Glenda Murillo y Cervantes, 26 y/o, community health worker
20. Eulogio “Ely” Castillo, community health worker
21. Jovy Ortiz y Quidor, 23 y/o, community health worker
22. Samson Castillo y Mayuga, 42 y/o, community health worker
23. Miann Oseo y Edjao, 31 y/o, community health worker
24. Sylvia Labrador y Pajanustan, 43 y/o, community health worker
25. Lilibeth Donasco, 24 y/o, community health worker
26. Jenilyn Vatar y Pizarro, 19 y/o, community health worker
27. Ramon de la Cruz y Santos, 21 y/o, community health worker
28. Jaqueline Gonzales, community health worker
29. Maria Elena Serato y Edeo, 35 y/o, community health worker
30. Ma. Mercedes Castro y Icban, 27 y/o, community health worker
31. Leah de Luna y Bautista, 28 y/o, community health worker
32. Judilyn Oliveros Y Abuyan, 26 y/o, community health worker
33. Yolanda Yaun y Bellesa, 51 y/o, registered midwife
34. Edwin Dematera y Bustamante, 37 y/o, community health worker
35. Cherielyn Riocasa Tawagon, 31 y/o, community health worker
36. John Mark Barrientos y Roldan, 20 y/o, community health worker
37. Mark Escartin y Esperida, 20 y/o, community health worker
38. Julius Duano, 30 y/o, community health worker
39. Ronilo Espera, 31 y/o, community health worker
40.Romeo de la Cruz, 53 y/o, community health worker
41. Valentino Paulino y Abale, 35 y/o, community health worker
42. Ace Millena, community health worker
43. Lorelyn Saligumba, community health worker

Why were they arrested?

The arresting authorities claim that the 43 health workers were caught in the act of undergoing training on bomb-making and that they are members of the New People’s Army (NPA). The arresting authorities claim to have found firearms and explosives in the premises where the 43 were staying.

The military allege that they found C4 explosives, a pistol with seven bullets, three grenades (one allegedly found under a pillow) and some improvised landmines beside the grenade. However the search was conducted without being witnessed by Dr. Velmonte, any other house occupant, or independent witnesses such as baranggay officials. According to witnesses, the military conducted the search in the compound premises only after all the victims as well as the house owners and their house help were already outside the buildings.

Were the arrests legal?

No, the arrests were illegal. These were based on a patently defective February 5, 2010 search warrant issued by Judge Cesar Mangrobang of Branch 22 of the Imus, Cavite Regional Trial Court. The warrant was issued against a certain Mario Condes of Barangay Maybangcal, Morong, Rizal on allegations of illegal possession of firearms. It did not specify any address except for the name of the barangay. The house raided was not that of Mario Condes but that of Dr. Velmonte. There is no Mario Condes among the 43 arrested.

Were there violations of the rights of the 43 health workers?

Yes, there were gross violations of the right to due process, the right against illegal searches and seizures and the right against torture.

1. Violations in securing the search warrant

As stated earlier, the search warrant was patently defective and issued with grave abuse of discretion. The warrant did not indicate any exact address and in effect covered the entire baranggay, thus violating the rights of the accused against unreasonable searches and seizures. The house that was searched was not indicated in the warrant and did not belong to “Mario Condes”.

2. Violations during arrest

The 43 were arrested without any warrants of arrest; they were not informed of the reasons for their arrest nor where they were being taken. All throughout they were denied the right to call a lawyer.

All the training participants were frisked and ordered to line up outside the house. They were immediately handcuffed, interrogated and photographed by the military. Their personal belongings were confiscated. The military used old shirts and packaging tape which they brought with them to blindfold all the participants before loading them onto several trucks.

3. Violations during detention

For five days, the 43 were denied their right to counsel During the first 36 hours of their detention, the 43 were not informed of the reasons why they were being held. They were subjected to continuous interrogation and were being forced to admit that they were members of the NPA. Their fingerprints were taken while they were blindfolded.

Only during the inquest proceedings on the second day were they finally informed of the charges being levelled against them. The prosecutor from the Department of Justice (DOJ), State Prosecutor II Romeo Senson, simply called out their names, then read the charges against them. The 43 were denied their right to counsel even during the inquest proceedings.

There were several accounts of torture and ill-treatment as attested to by the detainees and the Commission on Human Rights (CHR). The AFP violated several provisions of Republic Act No. 9745 or the Anti-Torture Law: both physical and psychological torture were inflicted on the 43. These include: being blindfolded and handcuffed for 36 hours; being subjected to multiple and prolonged tactical interrogation with death threats, harassment and intimidation; being deprived of sleep and urgent medication; being manhandled and beaten; being denied legal counsel for days; being denied medical treatment; being coerced to wrongly make admissions and implicate others; and being subjected to various indignities during their captivity. Some were held incommunicado and some remain in solitary confinement up to now.

Some detainees who were blindfolded and handcuffed were also subjected to the indignity of having their captors lower their pants and underwear just so they could relieve themselves.

The 43 remain detained in a military camp when they should have been transferred to a civilian detention facility especially after charges were filed against them in court.

Have the 43 health workers been charged in court?

Despite all the violations of due process committed by the AFP, PNP and the DOJ, charges of illegal possession of firearms and explosives and violations of the Commission on Elections (Comelec) gun ban were filed against the 43 at Branch 78 of the Rizal Regional Trial Court in Morong. The charges were only filed on February 11, five days after they were arrested. Forty of the accused face non-bailable offenses (illegal possession of explosives). Clearly, the purpose of the hasty filing of said charges is to attempt to cure violations of due process and justify the continued illegal detention of the 43.

Were the health workers really members of the NPA? Were they really making bombs at the time of their arrest?

The military has made the sweeping accusation that the 43 are members of the NPA. Their proof consists of the firearms and explosives allegedly found in the premises of Dr. Velmonte. But the accounts of Dr. Velmonte and her household give sufficient ground to believe that the firearms and explosives were planted by the military/police.

Mere membership in the NPA cannot be used as basis for a warrantless arrest. Jurisprudence tells us that an overt act or an actual crime (in this case, taking up arms against the government) must first be committed to justify an arrest. There was no shoot-out at the time of the arrest; the 43 and Dr. Velmonte’s household were either doing their morning ablutions or getting ready for breakfast. It is a stretch of the imagination to claim that the 43 health workers were caught in the act of making bombs as early as 6:00 am when they were arrested.

What the military did was to fabricate and plant evidence and then accuse the health workers as NPA members, to justify their warrantless arrest and illegal detention.

The military has since concocted many versions of who the 43 really are. At first, the military alleged that the 43 were not health workers but bomb-makers. Later, the military would allege that the 43 were indeed health workers but were also undergoing training in making explosives. The military now calls them “medics” of the NPA.

The military also goes on to make the preposterous claim that Dr. Alexis Montes, a 62-year old surgeon, is a member of the NPA Special Operations Group tasked to assassinate Gen. Jovito Palparan.

According to CHR Chair Leila de Lima, even assuming for the sake of argument that the 43 health workers are NPA members, they still have the right to due process, including the presumption of innocence and the right to be free from torture and other degrading treatment.

Have the 43 health workers taken legal action? What has been done to secure their release?

The health workers through their relatives and their organizations have filed before the Supreme Court a petition for the writ of habeas corpus last February 9. The Supreme Court ordered the AFP to produce the 43 at the hearing at the Court of Appeals on February 12, 2010. The military defied the SC by not bringing the 43 to the scheduled hearing citing alleged security reasons and lack of time to prepare. The AFP received a strong rebuke from the CA and was ordered to produce the 43 at another hearing on February 15. As of this writing, the CA has yet to issue its decision on the petition.

A complaint has also been filed before the Commission on Human Rights (CHR), asking it to investigate the allegations of rights abuses committed against the 43. The CHR has issued the order for the AFP to present the Morong 43 before the Commission in a scheduled hearing on March 18.

Who are supporting campaign to free the 43?

The campaign “Free the 43” is supported by a broad range of sectors of society, from colleagues in the health professions, lawyers, lawmakers, political leaders across party lines, religious formations, human rights advocates, artists, and advocates and beneficiaries of community-based health programs where the community health workers render their services. It is a national and international campaign calling on the Arroyo government to immediately release the Morong 43 and drop all charges against them. It is a campaign that supports the legal defense of the 43 and undertakes advocacy work and mobilizations. The campaign also supports the immediate needs of the families of the 43 in terms of visits, psycho-social counseling and other forms of concrete assistance.

Why are there volunteer community health workers?

In the Philippines, where seven out of 10 Filipinos die without ever seeing a doctor and where public health services are sorely lacking or inaccessible, non-government organizations (NGOs) like CHD and COMMED play an important role by bringing health services to the people. This means that these non-government organizations try to reach poor and underserved communities, set up community-based health programs, organize health committees, and train community health workers (CHWs). This way, the poor people living in urban and rural areas can attend to their health needs in the absence or dearth of government services.

For 37 years, community-based health program practitioners have been training volunteers who would like to become CHWs regardless of their educational attainment. CHD, for example, has trained tens of thousands of community health workers nationwide. Training participants are selected by the people themselves with little regard to their educational and socio-economic background nor their religious or political beliefs, so as long as they commit themselves to serving the people in their communities.

The Community First Responders’ Health Training is one of the courses CHD offers to community health workers. The training is in response to the assessed needs of the communities after the disastrous effects of the lack of disaster preparedness in the wake of tropical storms “Ondoy” and “Pepeng”. The community health workers are also the frontliners in providing health services during disasters, so additional health skills are needed for them to be able to respond adequately, especially since many communities have no access to government health services.

Is this the first time doctors, health workers and volunteers have become victims of human rights abuse?

No, there have been similar attacks against health workers in the past. These can be better understood in the context of the government’s counterinsurgency programs, most especially the Arroyo regime’s US-supported Oplan Bantay Laya (OBL) or Operation Freedom Watch.

The illegal arrest and detention of 43 doctors and health workers is directly linked to OBL. The latter has given rise to a rash of extrajudicial killings, enforced disappearances, torture, illegal arrests and detention and mass displacement of poor communities. Under OBL the military has been given a carte blanche by the Arroyo regime to disregard the most basic tenets of due process and human rights. For the AFP, once a person is accused of being an “insurgent” or “terrorist”, he or she is guilty until proven innocent. This is the kind of militarist mindset that the Arroyo regime has in pursuing its counter-insurgency program.

The military has a track record of targeting several other doctors and health personnel.

Just recently, on February 23, 2010, Ronald Capitania, a community health worker of Sipalay, Negros Occidental was shot by two unidentified bonnet-clad men on a motorcycle. Luckily, he survived the attack.

On February 11, 2010, Benjei Faldas, a community health worker in Davao del Sur was reportedly charged with frustrated murder following the wounding of a CAFGU member in an encounter with the New People’s Army. He is prevented from performing his duties as a community health worker.

In July last year, Dr. Reynaldo Lesaca Jr., a respected psychiatrist at the National Kidney and Transplant Institute and chairperson emeritus of the Health Alliance for Democracy (HEAD), filed a complaint before the CHR regarding his inclusion, together with four Davao-based doctors, in the military’s “Order of Battle” thus making him vulnerable to being targeted for “neutralization” by military and paramilitary “death squads”.

This was a month after another Davao-based physician, Dr. Rogelio Peñera, was shot and killed by motorcycle-riding assailants near his house in Davao City.

In 2008, Dr. Oliver Gimenes, a community-based doctor serving farmers’ communities in Cebu and Bohol, was placed under surveillance by the military and was vilified as a “rebel sympathizer”. He was later charged with murder in a questionable criminal case stemming from an NPA raid of a military detachment.

In 2007, sisters Emilia and Maricris Quirante, both community health workers of Guihulngan Mountain Clinic in Negros Oriental were arrested for trumped-up charges of child abuse and rebellion.

In July 2006, unidentified armed men ambushed Dr. Chandu Claver and his family in Kalinga province. The attack killed Dr. Claver’s wife, Alyce, seriously injured Dr. Claver himself, and traumatized their young daughter.

These attacks share several characteristics: they are politically-motivated; they are directed against those who serve poor communities or underserved sectors; the government attempts to justify these attacks by red-baiting the victims; and they have all been all perpetrated with impunity.

As the government’s self-imposed deadline to defeat or “render inconsequential” the communist-led armed revolutionary movement draws near, the military will even be more hard-pressed to show results. Thus, human rights violations are bound to continue and even escalate.

What are the implications of the arrest of the 43 health workers?

The illegal arrest, illegal detention and torture committed against the 43 health workers by the AFP are clear violations of human rights. The methods resorted to by the military are clearly unconstitutional, show a blatant disregard for the rule of law and pose a grave threat to ordinary Filipinos everywhere.

This incident is disturbing for health professionals and health science students as it imperils the people’s initiatives and efforts to build their own capacity and capability to manage their health needs in the absence of adequate public service.

For health professionals who may be considering the option of public service, this incident has a chilling effect. For the community-oriented academe, this single act of the military could undo decades of encouraging graduates to stay in the Philippines and create the necessary exposure and experience in community-based health trainings

This will deprive the people of much needed health services which will worsen the already deplorable state of health.

What are our demands and calls?

The campaign “FREE THE 43” demands the immediate and unconditional release of the 43 health workers who were illegally arrested in Morong, Rizal and are currently illegally detained in Camp Capinpin, Tanay, Rizal. We also demand that all the false charges against them be dropped.

We hold to account all the government officials involved in the illegal arrest, detention and torture of the 43 including those who have command responsibility over the military and police forces directly involved in the incident.

The complaint filed before the CHR states those responsible as:

“The President of the Republic of the Philippines herself, Her Excellency Gloria Macapagal-Arroyo is primarily responsible as Commander-in-Chief under the principle of command responsibility because she knew or, owing to the circumstances at the time, should have known that the state forces were committing or about to commit the crimes stated in this complaint.

The public officials and cabinet secretaries also responsible for gross violations of Constitutional rights following the doctrine of command responsibility include National Security Adviser Norberto Gonzales, the Department of the Interior and Local Government Secretary Ronaldo Puno.

Meanwhile, the public officers who are also exercising command responsibility over the 202nd IB, 2nd ID PA and the Rizal Provincial Police, PNP and directly responsible for the illegal search, illegal arrests, physical and mental torture and other blatant violations of the Constitutional rights of the 43 doctors and health workers are Gen. Victor Ibrado, the Chief of Staff of the Armed Forces of the Philippines; Lt. Gen. Delfin Bangit, the Commanding General of the Philippine Army; Lt. Gen. Roland Detabali, Commanding General, SOLCOM, Philippine Army; Brig. Gen. Jorge Segovia, Chief of the 2nd Infantry Division, Philippine Army; Col. Aurelio Baladad, Commander of the 202nd Infantry Brigade, Philippine Army; Lt. Col. Jaime Abawag, Commander of the 16th Infantry Battalion; Philippine National Police Director General Jesus Verzosa; and P/Supt. Marion Balonglong of the Rizal Provincial Police.

In the same vein, the Honorable Judge Cesar Mangrobang is also responsible for the issuance of the bogus and constitutionally defective Search Warrant that the military and police officers used to justify the raid of the farmhouse located at 266 Dela Paz St., Brgy. Maybangcal, Morong, Rizal.

State Prosecutor II Romeo Senson, the Department of Justice Prosecutor who conducted the defective inquest of the 43 doctors, nurses and medical workers and issued the Resolution indicting them with trumped-up charges, and Senior Assistant Chief State Prosecutor Severino Gaña, the reviewing prosecutor who signed the findings of Prosecutor Romeo Senson, and Department of Justice Secretary Agnes Devanadera are accountable for their complicity in the efforts to legitimize the military and police’s commission of human rights violations.”

We demand an end to the counter-insurgency program OBL, which has targeted unarmed civilians accused of supporting the NPA, in the name of fighting insurgency.

We call on freedom-loving people to make a stand for human rights and condemn in the strongest terms the human rights violations perpetrated with impunity by the Arroyo government.

(This primer was prepared by Free the 43 Health Workers)

PUBLIC STATEMENT

http://amnesty.org.ph/news.php?item=news&id=132

9 February 2010

The worst pre-election violence in Philippine history – the Maguindanao massacre – has focused global attention on the human rights situation in the country. Now more than ever,candidates in the 10 May presidential elections need to clarify how they will address key human rights issues facing the country.

Today as the presidential campaign period officially begins, Amnesty International calls on all of the presidential candidates to make clear, public commitments on the actions they will take in the first 100 days of office to address serious human rights violations. In a public letter to the candidates, Amnesty International called on them to affirm their commitment to:

1) Revoke Executive Order 546, and ensure full accountability over all state-sponsored militias and paramilitary groups.

Despite the mass killing of 63 civilians on 23 November in Maguindanao, members of state-armed local groups and private armies are still free to operate in other parts of the country The Philippine government’s continued failure to establish accountability for members of these armed groups undermines the rule of law and denies human rights protection for civilians.

Within 100 days, the new Philippine president should revoke Executive Order 546, which allows for militia and paramilitary groups to provide active support in counterinsurgency operations. In practice, these groups have been ill-trained, unaccountable, poorly integrated into the military chain of command, and responsible for serious human rights violations. In some provinces, Civilian Volunteer Organizations(CVOs) effectively as private armies for local politicians, heightening the risk of pre-election violence.

2) Establish a presidential commission aimed at preventing and prosecuting enforced disappearances and extrajudicial executions.

In the last decade, at least 200 Filipinos have been subjected to enforced disappearance, and as many as 1,100 have been executed in political killings. The incoming president needs to establish an impartial and independent commission to review these cases, with the aim of enabling timely and effective investigations and, where warranted, prosecutions.

The new president should initiate legislation that specifically criminalizes enforced disappearances and extrajudicial executions. He or she should sign the UN Convention for the Protection of All Persons from Enforced Disappearances.

3) Order the administrationto fully implement the UN Guiding Principles on Internal Displacement in order to ensure the safety and well-being of the displaced.

Despite the ceasefire in Mindanao,more than 125,000 people remain displaced by the 2008 armed conflict alone.To address this grave humanitarian situation, the incoming president should publicly instruct the administration to ensure that policies comply with the UN Guiding Principles on Internal Displacement.

Under the Guiding Principles,the government must ensure that the displaced are provided with adequate food, water, shelter, and clothing, as well as essential healthcare and sanitation. It must also guarantee unimpeded humanitarian access to are as under its control. In addition, the government must implement a sustainable plan of action so that the displaced can return to their villages, safely and voluntarily.

As commander-in-chief, the new president will be directly responsible for ensuring that the armed forces comply with international humanitarian law. As a core principle,this law explicitly prohibits direct or indiscriminate attacks against civilians, and this includes displaced persons and all other non-combatants.

10 February 2010

Dear Madame President,

We are gravely concerned that despite a succession of investigations and reports from the UN bodies concerned with extrajudicial killings and the use of torture; despite the horrendous massacre last November in Maguindanao, perpetrated by a private army approved by your government, the climate of impunity in the Philippines continues.

On 6 February 42 health workers and doctors involved in a training seminar in Morong, Rizal were arrested by the Rizal PNP. We are informed that these arrests were made using bogus warrants, that the arrested health workers and doctors were blindfolded and taken to a military camp, Camp Pinpin, headquarters of the 202 Infantry Brigade of the AFP.

The military has claimed that these health workers and doctors are part of the communist New People’s Army.  This follows a pattern familiar to anyone who observes the current wave of human rights abuses by the security forces in the Philippines, in which people are labeled as being communist rebels before being imprisoned, tortured or even killed.

The security forces appear to be expanding their targets of professional groups, perhaps because many of these groups have been critical of corruption and abuse of power by your government. Journalists, lawyers, human rights workers and now health professionals have all been targeted.

We call for:

• the immediate release of all those who have been unlawfully detained
• their safety to be ensured by the Government
• their confiscated property to be restored to them
• an investigation by the Commission on Human Rights Group and independent human rights groups into the conduct of this police raid
• a cessation of this pattern of “red labeling” leading to abuses by the military

Yours sincerely

Rev Canon Barry Naylor

Urban Canon and Parish Priest of the Abbey and Holy Spirit Team Ministries, Leicester
President – CHRP Campaign for Human Rights in the Philippines

Victim(s):
Illegally Arrested and illegally detained (partial list)

Dr. Mary Mia, Health Education and Training Services coordinator for Council for Health and Development (CHD)
Dr. Alexis Montes
Gary Liberal, Registered Nurse (Jose Reyes Medical Memorial Center)
Teresa Quinawayan, Midwife
Lydia Ubera, health worker
Reynaldo Makabenta, health worker
Delia Ocasla, health worker
Jane Balleta, health worker
Janice Javier, health worker
Franco Remoroso, health worker
Ailene Monasteryo, health worker
Pearl Irene Martinez, health worker
Ellen Carandang, health worker
Dany Panero, health worker
Rayom Among, health worker
Emily Marquez, health worker

Threat, harassment and intimidation; Violation of domicile

Dr. Melecia Velmonte
Bob Velmonte
Bernardo Landag
Two caretakers
Place of the incident:
Residential compound of Dr. Melecia Velmonte in Bgy. Maybangcal, Morong, Rizal
Date of the incident:
06 February 2010, at 6:15 in the morning
Alledged perpetrator(s):
Joint elements of the 202nd Infantry Brigade of the Philippine Army (202nd IBPA), and Rizal Philippine National Police (PNP) headed by Colonel Aurelio Baladad, commander of the 202nd Infantry Brigade of the Philippine Army based in Tanay, Rizal and Police Superintendent Marion Balonglong of the Rizal PNP.
On February 1, around 40 medical practitioners and health workers participated in a First Responders Training, sponsored by the Community Medicine Foundation, Inc. (COMMED) and Council for Health and Development (CHD) at Dr. Melecia Velmonte’s Farm, a conference and training facility in Morong, Rizal.

Dr. Velmonte is a renowned and respected infectious disease specialist and a consultant at the Philippine General Hospital. Her farm is a regular venue of health trainings, with participants coming from both the communities and the academe.

According to initial reports gathered by Karapatan, at 6:15 am on February 6, 2010, around 300 heavily armed elements of the military and police forced their way into the farm of Dr. Melecia Velmonte in Bgy. Maybangcal, Morong, Rizal. At gunpoint, the military forced the caretaker to open the gates. Inside, the soldiers fanned out to different directions. They also kicked the main door to get into the building.

When Dr. Velmonte and her son, Bob demanded for a search warrant, they were merely brushed aside by the military.

All medical practitioners and health workers, were ordered to line up at the garage, frisked, and handcuffed. The victims were also questioned and photographed by the military, while another took a video recording of the interrogation. The male victims were then blindfolded with old shirts brought in by the soldiers and secured with packaging tape. All of the personal belongings of the victims were also taken by the military.

When the participants were already handcuffed, it was only then that Police Superintendent Marion P. Balonglong showed Bob a search warrant for a certain Mario Condes of Bgy. Maybangcal, Morong, Rizal, charged with illegal possession of firearms. The search warrant dated February 5, 2010 and issued by Judge Cesar A. Mangrobang of Branch 22 of the Imus, Cavite Regional Trial Court, did not indicate the exact address of the Velmonte compound.

Bob asserted that the warrant did not specify their address, and that Mario Condes, who is subject of the warrant, is not even the owner of the house, but he was ignored by the authorities.

Outside the compound, were eight (8) vehicles. Along with the four (4) 6 x 6 military trucks were two (2) Armored Personnel Carriers (APC), a KIA Pride car, and an ambulance. Some of the vehicles had no plate numbers while the rest of the license plates were either covered, or smeared with mud.

The health workers were forced into the military trucks and were brought to Camp Capinpin in Tanay, Rizal, headquarters of the 202nd Infantry Brigade of Philippine Army.

The military declared that the victims were members of the New People’s Army because of the explosives allegedly found inside the compound. However, according to witnesses, the military conducted the search of the compound’s premises only after all of the victims, as well as the residents, were already outside the buildings. Witnesses also said that the military have brought in with them plastic bags with the GMA Kapuso logo printed on it.

Allegedly found were C4 explosives, a pistol with seven bullets, 3 grenades (one allegedly found under a pillow); beside the grenade were some improvised landmines. However, Bob said that they were not issued a receipt of the inventory of the said firearms and explosives.

The illegal search of the Velmonte compound ended at past 9:00 in the morning of Saturday, February 6, 2010.

The military and police arresting team were led by Col. Aurelio Baladad and Police Superintendent Marion Balonglong.

In the afternoon of the same day, Karapatan Deputy Secretary General Roneo Clamor, husband of Dr. Merry Mia, Olive Bernardo, Karapatan Services Head, along with Karapatan counsel, Atty. Ephraim Cortez, Dr. Geneve Rivera and Dr. Edelina De La Paz, chairperson of Health Action for Human Rights (HAHR), went to Camp Capinpin to inquire about the victims. They were not allowed to enter the camp premises.

As of this writing, the military has not allowed any of the relatives of the victims to see anyone of them.

Recommended action:
Send letters, emails or fax messages calling for:

The immediate release of the health workers who are illegally arrested and illegally detained at Camp Capinpin, Tanay, Rizal.
The government to ensure the safety of the victims and that they are not harmed; their belongings be returned immediately to them.
The immediate formation of an independent fact-finding and investigation team composed of representatives from human rights groups, the Church, local government, and the Commission on Human Rights that will look into raid and illegal arrest of the health workers conducting health skills training in Morong, Rizal.
The military to stop the labeling and targeting of human rights defenders as “members of front organizations of the communists” and “enemies of the state.”
The Philippine Government to be reminded that it is a signatory to the Universal Declaration of Human Rights and that it is also a party to all the major Human Rights instruments, thus it is bound to observe all of these instruments’ provisions.
You may send your communications to:

H.E. Gloria Macapagal-Arroyo
President of the Republic
Malacañang Palace,
JP Laurel St., San Miguel
Manila Philippines
Voice: (+632) 564 1451 to 80
Fax: (+632) 742-1641 / 929-3968
Cell#: (+ 63) 919 898 4622 / (+63) 917 839 8462
E-mail: corres@op.gov.ph / opnet@ops.gov.ph

Gen. Avelino Razon, Ret. PNP
Presidential Adviser on the Peace Process
Office of the Presidential Adviser on the Peace Process (OPAPP)
7th Floor Agustin Building I
Emerald Avenue
Pasig City 1605
Voice:+63 (2) 636 0701 to 066
Fax:+63 (2) 638 2216
osec@opapp.gov.ph

Norberto Gonzales
Secretary, Department of National Defense
Room 301 DND Building, Camp Emilio Aguinaldo,
E. de los Santos Avenue, Quezon City
Voice:+63(2) 911-9281 / 911-0488
Fax:+63(2) 911 6213
Email: osnd@philonline.com

Atty. Agnes Devanadera
Secretary, Department of Justice
Padre Faura St., Manila
Direct Line 521-8344; 5213721
Trunkline 523-84-81 loc.214
Fax: (+632) 521-1614
Email: soj@doj.gov.ph

Atty. Leila De Lima
Chairperson, Commission on Human Rights
SAAC Bldg., UP Complex
Commonwealth Avenue
Diliman, Quezon City, Philippines
Voice: (+632) 928-5655, 926-6188
Fax: (+632) 929 0102
Email: chr.delima@yahoo.com
Please send us a copy of your email/mail/fax to the above-named government officials, to our address below.

URGENT ACTION Prepared by:

KARAPATAN (Alliance for the Advancement of People’s Rights)
National Office
2/F Erythrina Bldg., #1 Maaralin cor Matatag Sts., Brgy. Central, Diliman, Quezon City 1100 PHILIPPINES
Voice/Fax: (+632) 435 4146
Email: urgentaction (at) karapatan.org
Website: www.karapatan.org

5 February 2010

MANILA, Philippines – The  Free Jonas Burgos Movement, together with Desaparecidos and the Concerned Artists of the Philippines, will re-stage the monologue “Mrs. B,” February 5, 6, 12 and 13, 2010 at the Bantayog ng mga Bayani Auditorium at EDSA cor. Quezon Avenue.

“Mrs. B,” is the story of Mrs. Edith Burgos, mother of missing activist Jonas Burgos and wife of press freedom icon Joe Burgos Jr..

The play deals with a gamut of emotions a mother has to go through in looking for her missing son.

Seasoned actress-director Gina Alajar and Bibeth Orteza will alternately play the role of Mrs. B or Mrs. Edith Burgos.

Written by award-winning playwright Joi Barrios together with Grundy Constantino and Rowena Festin of the Concerned Artists of the Philippines (CAP), the monologue is directed by Soc Jose.

Edith’s son, Jonas, was tagged by the military as a member of the NPA.

He was allegedly abducted April 28, 2007 by four armed men and a woman while having lunch at the Hapag Kainan in Ever Gotesco.

Witnesses said that Jonas was dragged into a maroon Toyota Revo van with Plate number TAB 194. Earlier investigation of the PNP-CIDG traced the plate number to an impounded vehicle at the 56th IB headquarters Philippine Army Camp in Norzagaray, Bulacan.

Edith said Jonas is a member of Alyansang Magbubukid ng Bulacan and teaches organic farming to farmers.

Jonas will turned 40 years old this coming March 30.

For full pdf text of photo campaign, click here

Amnesty International: INDIVIDUAL AT RISK
James Balao, an activist working on Indigenous Peoples rights, was forcibly disappeared on 17 September 2008 in
Baguio City, Philippines. He was last seen near his home being roughly bundled by armed men into a white van.

One of the men who took him shouted at onlookers, and told them not to interfere becuase they were police officers
arresting James. A court has ordered the authorities to reveal where he is, and do no further harm to him, but has
not authorised his family to look for him in places of detention. He is one of hundreds of Filipinos who involuntarily
disappear and have not been found.

James, a member of the Indigenous Benguet Ibaloi tribe in the Cordillera region in Northern Philippines, dedicated
himself to research and fighting for Indigenous Peoples rights, particularly ancestral land rights. He helped write
articles in the Philippine Constitution pertaining to Indigenous Peoples. He is one of the founding members of the
Cordillera People’s Alliance (CPA), which today is an alliance of local organizations from the different Indigenous
tribes in the Cordillera region.

Take action!
Join the call to Surface James Balao and Stop EnforcedDisappearances in the Philippines.
Take photos of yourself or with friends, ideally in front of a local landmark to show international solidarity, holding
up a message such as: “End Enforced Disappearances — the world is watching” or “Where is James Balao?” The photos will be used as part of an international solidarity campaign on the one-year anniversary of James’ disappearance, as well as other campaigns against enforced or involuntary disappearances. Email photos tophilmasteam@gmail.com by 31 October 2009.

21 August 2009

Dear friends,

The Asian Human Rights Commission (AHRC) writes with deep concern regarding the continued detention of 19 workers who are facing fabricated charges for holding a strike two years ago. They were, at the time, protesting the illegal termination, demanding payment of minimum wages and other lawful benefits from their employers. One of the workers has already died after contracting tuberculosis which was aggravated by poor prison condition.

CASE DETAILS: (According to information received from the Center for Trade Union and Human Rights (CTUHR))

On May 2, 2007, the workers and members of the newly formed local chapter of the Congress Labor Organization (CLO) went on strike. They held their picket to protest against the illegal dismissal of their fellow workers, non-payment of holiday pay, 13th months pay, night differential and salary. They are only paid Pesos 160, half of the Pesos 320 (USD 6.6) mandated as the daily minimum wage in the said area. The striking workers had left the gate open, allowing the company to operate and did not interfere with the movements of the other staff.

On May 9, 2007, their employer, the Karnation Industries and Export, Inc., and Pansy Accessories, another company operating in the same compound as Karnation (believed to have been also owned by Karnation), alleged that the strikers padlocked the gate of the compound. The said incident, they claimed, has resulted in the detention of other people inside the compound for eight days. The workers vehemently denied the accusations.

On May 10, 2007 the workers were arrested and taken to Hill Top Police Station where they were immediately detained without undergoing preliminary investigation. They were charged with Serious Illegal Detention, Grave Coercion, Malicious Mischief, Alarms and Scandal, and Resistance and Disobedience to a Person in Authority. The workers sought the assistance of a private lawyer. However, after the lawyer received payment for the service he had rendered from the workers, he did not show up for several hearings. The person who had organized the workers’ union also abandoned them and did not even visit them after they were detained.

In one of the hearings the complainants, Willy Sia, Ma. Teresa Costales, Milo Guido, and Elly Carsula of Pansy Accessories Corporation, presented the pictures of the gate they claimed the workers had padlocked. The pictures showed workers on strike outside the compound. The workers, however, argued that the pictures and the persons in the said picture are not known to them and, in fact, did not resemble any of them.

On June 15, 2007, Esperanza G. Arceo-Paras, the 4th assistant provincial prosecutor, issued a resolution which held the workers criminally liable for illegal detention. She also ruled that in the case at bar “no employer-employee relation exists between the complainants and respondents justifying the former as innocent bystanders.” The crime of Grave Coercion, according to her resolution, should also be absorbed into the Serious Illegal Detention and that no bail is recommended for the case. She dismissed the charges of Malicious Mischief and Alarms and Scandal, for lack of evidence.

One of the two complainants is attached to the Pancy Accessories Corporation. Although he claimed to have no involvement with the Karnation Industries and Export, Inc.; however, the location of his office and that of the Karnation Industries is the same. They are all holding offices at 350 Irma St., Marick Subdivision, Cainta, Rizal.

The workers alleged that Karnation Industries and Export, Inc., uses the name of Pancy Accessories Corporation when dealing with their business partners in other countries. The salaries of employees from Pansy Accessories Corporation and the Karnation Industries and Export, Inc., come from same department. The company rules being imposed in Karnation Industries and Export, Inc. are also similar to that of the Pansy Accessories Corporation. The relation between the complainants to the worker’s employer illustrates that, contrary to the prosecutor’s findings, there exist ‘employer-employee’ relationships between them.

On September 26, 2007, Gregorio A. Arizala, provincial prosecutor, issued a resolution contrary to Prosecutor Arceo-Paras’ findings. In his resolution, Prosecutor Arizala had given consideration to the Batas Pambansa Bilang 227, a law which states that before any case (arising out of a labor dispute) is filed with, or before the same is submitted to the courts, the labor dispute should be allowed to be ventilated before the Ministry of Labor or the office of the President as the case may be, in order that we may attain the industrial peace which is primordial objective of this law. This prompted Prosecutor Arizala to issue a decision granting the Motion for Reconsideration that the workers had filed and the information in the instant case had been ordered to be withdrawn. He also ordered the detainees release from detention. But on October 20, 2007, Regional Trial Court (RTC) Judge Ma. Teresa Cruz San Gabriel, where the case is pending, denied the Motion to Withdraw Information and upheld Prosecutor Arceo-Paras’ resolution. After being detained for four months at the Hill Top Police Station, the workers on strike were then transferred to the Karangalan Police Station, Cainta, Rizal, where they are all presently detained.

Since October 2007, the case dragged on until July of this year, when Atty. Remigio Saladero took over the case following the CTUHRs intervention. Although there had been lawyers who had represented the workers in court; however, due to the workers failure to pay them for the services they have rendered as they themselves had no financial resources, there has not been any progress to their case in court. The jail visits of the workers relatives had also became less frequent, as they too ran out of finances. On December 2008, one of the detainees, Melvic Lupe, died of tuberculosis while in detention after his condition was aggravated by poor prison conditions. The detention center, to which they are presently held, is a small prison cell, measuring about a four meters square room, with more than 20 inmates occupying it. The living conditions of the detainees is appalling. All of them could not even lie down to sleep at the same time as the detention cell is small. Thus, others had to sleep in a sitting position. Not only is their food scarce there are occasions when the food ration is served late. And even if the visiting relatives would bring food for the detainees to eat, the jail guards would take some portions of the food they were carrying before it reached the detainees.

The case has been pending for over two years; however, the court where the case is pending has not been able to reach to a conclusion. It was only on July 2009, following the intervention labour lawyer Remigio Saladero had filed, that the court held a weekly hearing. However, it was postponed again to October because the judge had taken a leave of absence.

BACKGROUND INFORMATION:

The workers registered their union, the Congress Labor Organization (CLO)  Karnation Industries and Export, Inc. chapter in the first quarter of 2007. Prior to the registration, the workers had been paid below the minimum wage, deprived of any benefits due them from the company. But even after they had their union registered, there has not been any significant improvement to their working condition. It was on May 1, 2007, when the workers (particularly the union officers and members) were told that they should stop from reporting to their work as the company is shutting down its operation due to significant losses. Strangely though, only those union members who are complaining of the unfair labour practices had been prevented from working while the other workers were allowed to carry on.

The workers are formerly employed by Karnation Industries and Export Inc., a company engaged in the business of manufacturing and exporting goods such as handicrafts and of trade on wholesale and retail basis. The company exports their products to different countries, such as Taiwan, Singapore, United States, Italy and Canada. The workers’ place of work is at 350 Irma St., Marick Subdivision, Cainta, Rizal.

The listed incorporators of the Karnation Industries and Export Inc. are different from the recognized owners of the company. One Karnation Industries owners, Willy Sia, is also one of the incorporators of the Pansy Accessories Corporation, a company that Karnation Industries and Export Inc., uses to transact business with buyers from overseas. Willy Sia is also one of the complainants of the case against the workers.

Further, the workers also stated that the company often changes its name such as Bagong Anyo Multi-Purpose Cooperative, FAFPHIL, and Pinoy Handicraft Manufacturing Corporation. They also testified that there were different identification cards being issued to them, each with different names and addresses of the company. One of the detained workers, Melanio Delovino, said that three Identification Cards (IDs) had been issued to him despite the fact that his job description and his place of work had not.

The company started its operation in 2000 with different company name. It only used the Karnation Industries and Export Inc. on 2006, and is using another different company name at present.

SUGGESTED ACTION:

Please write letters to the authorities below requesting for their intervention to ensure the immediate conclusion of the case filed against the detained workers. Should there be no sufficient evidence the charges must be withdrawn unconditionally. The detainees’ appalling condition inside the prison facility where they are held must also be looked into.

The AHRC is also writing letters to the Special Rapporteurs on the question of torture, human rights defenders and the independence of judges and lawyers.

To support this appeal, please click here: <http://www.ahrchk.net/ua/support.php?ua=UAC-102-2009>

SAMPLE LETTER:

Dear ___________,

Re: PHILIPPINES: Nineteen striking workers held over questionable
charges

Names of the worker presently detained:

1. Sonny M. Batuyang, 39, married, of Banaba Extension San Mateo,
Rizal

2. Claro M. Claridad, 28, married, of Nangka Marikina City

3. Romeo M. Amit, 36, married, of Barangay San Isidro Taytay, Rizal

4. Leo C. Paro, 25, single, of Parang, Marikina City

5. Andy S. Salarson, 29, single, of Concepcion, Marikina City

6. Jessie A. Bergona, 22, ofBanaba Extention, San Mateo Rizal

7. Rodolfo D. Mendoza, 30, of Village St., Cainta, Rizal

8. Melanio A. Delovino, 29, of Villa Tupaz, San Juaquin, Pasig City

9. Renato B. Lopez, 33, of J. Pasig, Cainta, Rizal

10. Crisanto D. Sabaten, 18, of Banaba Extention, San Mateo, Rizal

11. Emuel Vergara, 25, laborer, of Fairview, Quezon City

12. Richard P. Sabuco, 27, of Abnay St., Sitro Lupang Arenda,
Barangay Sta. Ana, Taytay, Rizal

13. Joseph M. Atienza, 34, of Marikina Heights, Marikina City

14. Julius S. Alcantara, 36, of Barangay San Isidro, Taytay, Rizal

15. Pulido I. Baguno, 30, of Kabisig Floodway, Cainta, Rizal

16. Bobby A. Maglay, 30, of Tomana Concepcion, Marikina City

17. Jason T. Alvarez, 22, of Loveros, Antipolo City

18. Robert B. Camagay, 23, Barangay San Isidro, Taytay, Rizal

19. Leo D. Sabaten, 20, of Banaba, San Mateo, Rizal

All of them are presently detained at the Karangalan Police Station, Cainta, Rizal

Name of person who died while in detention:

20. Melvic C. Lupe, 29, of Parola, Cainta, Rizal. He died in detention on June 2008 due tuberculosis and various complications he had acquired during his incarceration.

Name of their company:

Karnation Industries and Export, Inc., a company engaged in the business of manufacturing and exporting goods such as handicrafts and of trade on wholesale and retail basis.

Name of the complainants:

Willy Sia, Ma. Teresa Costales; Milo Guido and Elly Carsula, of the
Pansy Accessories Corporation.

Status of the case:

The charge filed against the workers for Serious Illegal Detention remains pending at the Regional Trial Court (RTC), Branch 80, in Morong, Rizal. There had been needless delays in the conclusion of the case due to, for instance, the judge takes leave of absence.

I am writing to express my deep concern regarding the continued detention of 19 striking workers after they had been laid with questionable charges over two years ago. The workers went on strike on May 2, 2007; but instead of their employer, Karnation Industries and Export Inc., addressing their demands they were laid with questionable charges.

Under the Batas Pambansa Bilang 227, cases or complaints arising from labour dispute should have been the primary jurisdiction of the Department of Labor and Employment (DoLE), instead of the complaint being filed to regular courts. In this case, however, even though the case is arising from a labour dispute, the prosecutor and the court judge had arbitrarily taken jurisdiction on pretext that ‘there is no employer-employee relation that existed between complainants and the striking workers’.

The complainants involved, as mentioned above, have had connections with the company to whom these striking workers are complaining about. Willy Sia, is also one of the incorporators of the Pansy Accessories Corporation, a company that Karnation Industries and Export, Inc. uses in transacting business with buyers from abroad. The location of office and place of work by these two companies are also the same; thus, giving proof that they owners are one thereby clearly establishing a ‘employee-employer’ relationship between them.

This case, therefore, should have been under the jurisdiction of the DoLE as, according to information made available, arose from a labour dispute. In this case, not only the public prosecutor did, by way of taking jurisdiction over the hearing of this case, usurp the jurisdiction of the DoLE’s functions, but the local court also
undermined its authority. However, despite questions as to the legality to the right of the court where the case is presently pending, to take jurisdiction of
the case, the court judge hearing the must nevertheless ensure the immediate conclusion of the case. It is unfortunate that these continued delays, apart from the questions to the court’s jurisdiction to hear the case, has left these detainees no other legal remedies. The provision of the Speedy Trial Act, which requires
a certain length of period upon which cases are resolved, must be strictly observed.

Thus, for these detained workers to force themselves into living in a crowded and poor prison facilities, which is the result of the prosecutor and the court’s arbitrary action, is unacceptable. The needless delay to the conclusion of their case is also disappointing.

Also, it is shocking that that the local court where the case is presently pending, appears to have not been aware of the condition of the detention facilities where detainees are held. One of the detainees have already died after contracting tuberculosis; and those who remained in detention have since been suffering from lack of food, crowded and poor prison facilities. It is unacceptable for this local court has failedto look after the welfare and living condition of these detainees as required under Section 25 Rule 113 of the Revised Rules of Criminal Procedure. This law stipulates that court judges must “exercise supervision over all
persons in custody.” They are obliged to conduct personal visits to jails and to take a monthly inventory of detainees.

Lastly, I urge you to ensure that an inquiry is conducted into the death of one the detainees while in detention. There should be an inquiry into the condition of the detention facilities where these detainees are held. These perpetual reports of over-crowding of prisons, the lack of food, and poor jail condition must be addressed at once not only in this case but throughout the country.

Yours sincerely,

—————–

PLEASE SEND YOUR LETTERS TO:

1. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010
Tel: +63 2 735 6201 / 564 1451 to 80

2. Ms. Leila De Lima
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman
Quezon City
PHILIPPINES
Fax: +63 2 929 0102
Tel: +63 2 928 5655 / 926 6188
E-mail: mtm_rodulfo@yahoo.com <mailto:mtm_rodulfo@yahoo.com>

3. Deputy Director General Jesus A. Verzosa
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +63 2724 8763
Tel: +63 2 726 4361/4366/8763
E-mail: ruth_cossid@yahoo.com <mailto:ruth_cossid@yahoo.com>

4. Ms. Agnes Devanadera
Secretary
Department of Justice (DoJ)
DOJ Bldg., Padre Faura
1004 Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: raulgonzalez_doj@yahoo.com
<mailto:raulgonzalez_doj@yahoo.com>

5. Mr. Marianito Roque
Secretary
Department of Labor and Employment (Dole)
7/F DOLE Building, Intramuros
Manila NCR 1002
PHILIPPINES
Tel: +63 2 527 2131
E-mail: sec_art_brion@yahoo.com.ph
<mailto:sec_art_brion@yahoo.com.ph>

6. Ms. Ma. Teresa Cruz San Gabriel
Presiding Judge
Branch 80, Regional Trial Court
Morong, Rizal
PHILIPPINES
Tel: +63 2 691 5535

Thank you.