The Context of Political Repression and the Legal Justice System
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May 26, 2009 @ 8:39 am
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The following is the presentation made by lawyer Ameh Sato of the Public
Interest Law Center (PILC) during a forum held by Pagbabago! at UP Diliman
on May 21.
As early as 2002, the Arroyo administration has launched war against its critics
in the progressive forces, with the implementation of the so-called Oplan Bantay
Laya which is in line with the US global war on terror. Essentially the same as
the counter-insurgency programs of the previous administrations, Oplan Bantay
Laya, however, targets not only the insurgents but also political activists and
leaders and members of the legal progressive organizations, including the
progressive party-list representatives.
Oplan Bantay Laya has taken a heavy toll on the unarmed civilian population,
with extrajudicial killings, enforced disappearances, torture, massacre, unlawful
arrest and arbitrary detention and other forms of human rights violations
perpetrated with impunity by the security forces of the Arroyo administration
reaching a shocking extent. The massive human rights violations under the
Arroyo administration has called the attention and alarmed even the international
community, prompting the UN Special Rapporteur on Extrajudicial, Summary or
Arbitrary Executions, Mr. Philip Alston, to conduct an investigation into the killings
of militant activists in the country.
In the midst of the Arroyo administration’s human rights atrocities and the
numerous anomalies and controversies hounding it, Gloria Macapagal-Arroyo
issued executive orders curtailing the people’s civil liberties and political rights
which further trampled upon the people’s fundamental rights and freedoms.
It was during this time that the “legal offensives” were launched against the
critics of the administration.
PILC’s Ameh Sato during the Pagbabago! forum. (Photo by Ayi S. Muallam)
The indictment even implicated other national leaders of progressive mass/sectoral organizations, without being named as accused, including known human rights defender Atty. Romeo T. Capulong, virtually sending the message that they would be next to be charged.
At any rate, the scope of the alleged acts of rebellion imputed to the accused is so broad that it encompasses the entire existence and revolutionary activities of the CPP/NPA from its founding in 1968 to the filing of the two rebellion cases in 2006 and the mutinous acts of the military rebels.
One of the most ridiculous things to note in these false charges was the fact that Rep. Teddy Casiño was barely one month old when the principal acts of rebellion and conspiracy imputed to him were allegedly committed. The range of acts imputed include heinous crimes of massacre, murder, kidnapping, robbery arson, extortion, illegal possession of firearms, and even open, legal campaigns and militant mass actions in the streets of Metro Manila against the anti-poor and anti-Filipino policies of the Macapagal-Arroyo government.
These rebellion cases were a brainchild of the Inter-Agency Legal Action Group or IALAG, which was created by Macapagal Arroyo through Executive Order No. 493 for the “coordination of national security cases.”
IALAG is headed by National Security Adviser Norberto Gonzales and composed of the Office of the National Security Adviser, Department of Justice, Department of Nation al Defense, Department of Interior and Local Government, National Intelligence Coordinating Agency, Armed Forces of the Philippines, Philippine National Police, National Bureau of Investigation and such other units as may be tasked by the National Security Adviser.
Clearly, the rebellion charges were a collusion between the government security and intelligence forces which manufactured and/or recycled their so-called evidence, under the aegis of IALAG and the DOJ.
Norberto Gonzales admitted to the Inter-Parliamentary Union (IPU) delegation which conducted a fact-finding mission here to look into the cases against the “Batasan Six” that it took IALAG 9 months to build the rebellion case.
For his part, the clumsy loud-mouthed Sec. Raul Gonzalez capsulized and gave away their legal tactic and political agenda when he said in a statement published in the newspaper, “We will just declare probable cause, then it’s up to the court to decide.” Gonzalez not only gave marching orders to his prosecutors but was also calling up the judges (4 judges heard the cases, with 2 inhibiting themselves), in an attempt to secure warrants of arrest without bail against all the 51 accused. This fact was later exposed by Judge Laredo and admitted by Sec. Gonzalez himself.
The Supreme Court decision ordering the dismissal of these rebellion cases resoundingly proved the falsity of the charges, the sheer lack of evidence to establish even probable cause against the accused and the prostitution of the office of the prosecutorial arm of the government (the DOJ) for political ends. If we may quote here the Final Word of the Supreme Court decision:
The obvious involvement of political considerations in the actuations of respondent Secretary of Justice and respondent prosecutors brings to mind an observation we made in another equally politically charged case. We reiterate what we stated the, if only to emphasize the importance of maintaining the integrity of criminal prosecutions in general and preliminary investigations in particular, thus:
[W]e cannot overemphasize too strongly that prosecutors should not allow, and should avoid, giving the impression that their noble office is being used or prostituted, wittingly or unwittingly, for political ends, or other purposes alien to, or subversive of, the basic and fundamental objective of observing the interest of justice evenhandedly, without fear or favor to any and all litigants alike, whether rich or poor, weak or strong, powerless or mighty. Only by the strict adherence to the established procedure may be public’s perception of the impartiality of the prosecutor be enhanced.
Castigating the DOJ Secretary and his prosecutors, the Supreme Court decision created a set-back to the Arroyo government’s crackdown on its perceived enemies and its anti-insurgency campaign, as admitted by Solicitor-General Agnes Devanadera and then Chief Presidential Legal Counsel Sergio Apostol.
Despite this Supreme Court decision and the Alston Report, Mrs. Arroyo’s hatchet men continue to fabricate false charges against her critics. With the elections fast approaching and her administration still haunted with untold controversies, it is easy to understand the agenda behind the filing of trumped-up charges against Arroyo’s critics and perceived enemies: her obsession to perpetuate in power beyond 2010.
But in the case of those belonging to the progressive legal opposition, the filing of false charges against them is clearly rooted in OBL and the US war on terror. These criminal charges filed against them which are non-bailable include: murder (one initially filed in Hilongos, Leyte and now pending in Manila against Rep. Ocampo, Vicente Ladlad, Randall Echanis & Rafael Baylosis; 2 murder charges in Palayan City, Nueva Ecija against Reps. Ocampo, Casiño, Maza & Mariano; another in Pasig (which has been transferred to Taytay, Rizal) against Southern Tagalog leaders and members of progressive mass/sectoral organizations, including labor lawyer Remigio Saladero, Jr.; kidnapping with murder (against Reps. Ocampo, Casiño, Maza & Mariano, which has been dismissed); multiple murder & multiple frustrated murder (in Calapan City, Oriental Mindoro against 72 regional/provincial leaders and members of progressive mass/sectoral organizations in Southern Tagalog, also including Atty. Saladero, in which recently the Amended Information was quashed); arson in Batangas (against Southern Tagalog mass leaders and members and Atty. Saladero, which has also been dismissed).
Apparently, where before the target of trumped-up charges were the Metro-Manila-based party-list representatives and prominent national leaders of the progressive mass movement, now the new evil scheme is to put also in jail en masse its regional and provincial leaders and members, with sustained extrajudicial executions and enforced disappearances in the countryside through militarization and state terrorism.
Aside from non-bailable capital offenses charged against leaders and members of progressive organizations, petitions for writs of amparo ironically were and have been filed against them at the instigation of the military and the police. But they have been dismissed for being sham and totally without basis.
There is, however, one pending petition, again part of the political persecution against Rep. Ocampo, among other respondents, which is taking a snail pace in Samar. Although not involving arrest and detention, such petitions are, nonetheless, designed to malign and vilify the respondents.
Whether against the progressive forces or the opposition in general, the reason for the government’s resort to “legal offensives” is obvious. It will be politically costly for the Macapagal-Arroyo government to “neutralize” its perceived enemies through extrajudicial execution or abduction.
There is much to be done, however, in thwarting this evil scheme of the Arroyo administration. Modesty aside, we, in PILC were able to successfully defend our clients against politically-motivated cases despite the limited democratic and judicial space. With hard work and extensive preparation, we have seen the dismissal of cases against our clients.
We have an entire team consisting of researchers, consultants and effective pleaders work as one, regularly brainstorming and anticipating the opponent’s moves. We fight our cases not with the cold neutrality of a legal technician, but with passion, commitment and dedication, which is our share in the overall struggle of the Filipino people for genuine change. (Bulatlat.com) [1]
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