2 more wounded in Tagum land dispute; LGU and local police finally step in


Government officials have finally stepped in to avert further bloodshed in the Tagum City land dispute between agrarian reform beneficiaries and Lapanday Foods Corp, after two more farmers were wounded in an attack the corporation’s guards today.

The latest outbreak of violence brings to nine the number of farmers injured since beneficiaries asserted on December 9 their claim to land already awarded by the DAR and the regional trial court.

Wounded were Randy Rana and another farmer, surnamed Patindol, who were among seven members standing guard over field workers harvesting crop and then slashing down banana trees.

Aides of Department of Agrarian Reform (DAR) Secretary Rafael Mariano, who is issuing a cease and desist order today against Lapanday, and the Department of Interior and Local Government (DILG) have been coordinating since rthe initial outbreak of violence last Dec. 12.

Soon after word of the second attack broke, the DILG issued orders to local officials, prompting aid for beleaguered farmers.

In a telephone interview, Tagum Mayor Allan L Rellon, who reached the site around 10 am, said he had ordered the local police to disarm the guards.

Rellon also said he would put up a “command incident center” to prevent further violence.

Renante Mantos, chairperson of Hugpong Sa Mga Mag-uuma sa Walhog Compostela (Humawac), the alliance of farmer cooperatives from the Tagum barangays of Madaum and San Isidro said, also in a phone interview, that local cops had initially refused to step in because the incident happened on private land.

He said both incidents were premeditated and without provocation from farmers.

Rellon said his office had attempted a dialogue in the city hall with the chief of police and provincial agrarian reform officials. He said it did not push through because farmers’ representatives would not leave their camp site on the disputed land.

Mantos said leaders wanted farmers to listen to the dialogue and they could not abandon the land because the armed guards would move in.

Read: Tagum shooting shows land conflicts still root of PH unrest

slashed-trees
MARBAI agrarian reform beneficiaries have harvested and slashed down around five hectares of banana crop, saying they would use the land for a vegetable farm to augment the food needs of their families. (Photo courtesy of Marbai Beneficiaries)

Slashed trees: Marbai representatives have  harvested and slashed down around five hectares of banana crop, saying they would plant the cleared land with vegetable crops to augment the food needs of 159 families.

Farmers were cutting down banana trees when guards of Lapanday’s security agency, ACDISA, attacked this morning, according to Mantos.

Mantos said farmers had slashed at least five hectares of banana plantations yesterday.

“The guards would not let us farm and harvest in peace so we decided on an action that would also deprive them of what Lapanday wants to steal from us,” Mantos said in the local dialect.

He also said the cleared land would be rehabilitated and planted with vegetables and other crops that could augment the food needs of some 159 beneficiary families.

DAR actions

The Department of Agrarian Reform (DAR) had sent a legal team and held an emergency meeting after the first shooting incident last December 12.

It immediately ordered regional and provincial executives to probe the incident and file cases against some 20 perpetrators, led by the head guard only identified by his surname, Vicente.

Lawyer Jobert Pahilha, legal consultant for DAR Secretary Rafael Mariano, said officials would also file today with DARAB (adjudication board) Davao del Norte a motion for Execution of the May 12, 2016 order of installation and to Supervise Harvest.

Provincial Agrarian Reform Adjudicator (PARAD) Jose Nilo Tillano issued a ruling in December 2015 for the Marbai members to be installed on the disputed 145 hectares.

“The said decision has long been final and executory but was not implemented by PARAD Tillano for one reason or another,” Pahilga said.

In October this year, impatient farmer-beneficiaries camped out in front of the Lapanday gate. Mariano had dialogued with the farmers, saying the government wanted to install them peacefully without compromising their safety and security.

 

 

Update on Tagum shooting: DAR chief orders probe


Agrarian Reform Secretary Rafael “Ka Paeng” Mariano has ordered the Regional Office of the Department of Agrarian Reform (DAR), Region XI, and the Provincial Agrarian Reform Office of Davao Del Norte to probe the reported gunfire attack by security guards of the Lapanday Foods Corporation (LFC) at the farmers’ encampment in Brgy. Madaum, Tagum City.

A press release from the DAR said Mariano also instructed local DAR officials to coordinate with the Philippine National Police of Davao del Norte for the possible filing of cases against the suspects of the shooting incident.

What follows is the rest of the press release

“Six victims, including a 16-year-old minor, were taken to the Davao Regional Medical Center after sustaining gunshot wounds at around 7:45 a.m. An airborne craft was also seen spraying pesticide at the campsite immediately after the reported incident.

Farmers of the Madaum Agrarian Reform Beneficiaries Association Inc. (MARBAI) have been staging a camp-in protest at the LFC compound after successfully reclaiming the contested land last December 9, six years after the LFC evicted them out.

Almost 2,000 farmworkers and members of peasant organizations have joined the farmers’ camp in Brgy. Madaum to support the fight of the MARBAI farmers.

MARBAI members are farmer beneficiaries who were given Certificates of Land Ownership Award (CLOAs) in 1996 under the Comprehensive Agrarian Reform Program (CARP). Each of the 159 farmers owns a 0.79-hectare piece of the 145-hectare banana plantation.

According to Mely Yu, President of MARBAI, they were forced to enter a Banana Sales and Marketing Agreement with the LFC who buys their products for export. They were tricked into selling high-grade bananas which were poorly classified for a lower price, thus, resulting to a measly Php 2,000.00 monthly income, she added. Because of the agreement, the farmer beneficiaries became indebted to LFC for more or less a billion pesos (P1,000,000,000.00)

The DAR has been meeting with the farmers for their installation to the 145 hectares as ordered by Provincial Agrarian Reform Adjudicator (PARAD) Jose Nilo Tillano in his December 15, 2015 decision, which has long been final and executory.

In October of this year, when the farmer-beneficiaries were already in a camp-out in front of the gate of LFC, Secretary Mariano himself visited the farmers and had a dialogue with them assuring them that DAR is studying the matter carefully and wanted to install them peacefully into their landholding without compromising their safety and security.

Unfortunately, this incident happened.”

Tagum shooting by alleged Lapanday guards shows land still the root of PH unrest


(Photos and video by Kilab Multimedia. Do not use without credit.)

A long-running conflict between Lapanday Foods Corporation and agrarian reform beneficiaries in Tagum City, the capital of Davao del Norte, exploded today in a shooting incident that followed a successful attempt by farmers to reclaim their land.

Renante Mantos, chairperson of  Hugpong Sa Mga Mag-uuma sa Walhog Compostela (Humawac), the alliance of farmer cooperatives from the Tagum barangays of Madaum and San Isidro, said in a phone interview that guards of Lapanday’s security agency, ACDISA, wounded seven protesters.

Jose Balucos, 42yrs old; Rico Saladaga , Jojo Gomez , Belardo Francisco, Emanuel Buladaco,46 yrs old; Taldan Miparanun,16yrs old; and Joseph Bertulfo, 58yrs old, were rushed to the Davao Regional Medical Center.

Buladaco and Bertulfo are among the 159 direct beneficiaries involved in the protest, according to Mantos, who remains with more than 200 farmers on the reclaimed land.

The others are members of Humawac cooperatives in the Southern Mindanao area, who reinforced the beneficiaries in their efforts to assert their landonwership that a regional trial court and the Department of Agrarian Reform (DAR) in 2011. He said they are waiting for medical updates on their colleagues.

The shooting came two days after some 2,000 agrarian reform beneficiaries and supporters stormed the gates of their land – forcibly taken over by Lapanday in 2011 following the DAR decision.

https://www.facebook.com/plugins/video.php?href=https%3A%2F%2Fwww.facebook.com%2Fkilab.smr%2Fvideos%2F564643747039195%2F&show_text=0&width=560

Festering conflict

guards-attack-by-kilab
Documenting an attack. Farmers take out mobile phones as masked, armed guards, allegedly controlled by Lapanday Foods Corp., approach them in Madaum, Tagum City, where a long-running land conflict exploded into violence on Dec. 12, wounding seven protesters.

Mantos said armed guards of Lapanday entered the encampment past 7 a.m.

He and other protest leaders were holding a dialogue with the guards’ leader, only known by his surname, Vicente, just three meters from the main bulk of protesters when they heard gunshots.

As protesters rushed to aid the fallen, the guards retreated. The other protesters strengthened their barricades and undertook defensive formations.

After the wounded were taken off the encampment, Mantos siad, the guards returned, having replaced their guns with wooden clubs. They challenged the farmers to a brawl but were ignored, Mantos added.

The land dispute in an area barely an hour from President Rodrigo Duterte’s Davao City turf has been festering since 1996 when the Department of Agrarian Reform (DAR) awarded 724 farmers in Madaum nearly 570 hectates of land, mostly planted with banana export crop.

Lapanday just released this statement:

Lapanday Foods Corporation (LFC) denies any involvement in the reported shooting of alleged agrarian reform beneficiaries in Barangay Madaum, Tagum City this morning. Since last week, the company has been seeking police assistance to investigate the presence of armed men who were seen within the areas under Hijo Employees Agrarian Reform Beneficiaries Cooperative 1 (HEARBCO-1). HEARBCO-1 which has acknowledged its existing and valid contracts with LFC has been in conflict with a breakaway group of its former members led by Mely Yu who has been engaging armed men to inflict violence and disrupt operations in the farm. Mely Yu and her group were ousted as officers by the majority of HEARBCO-1 in 2011 and since then, her group has caused severe damage to the cooperative. This internal conflict among the HEARBCO-1 and this breakaway group may be the reason for this latest incident.

Protesters deny the claim of armed men, saying guards fired in the air when they asserted farmers’ right to the land. A Kilab Multimedia photo shows most of the protesters without shirts “to prove they were not armed.”

The timeline of the land dispute also indicates that Lapanday has waged a legal battle with the farmers — and lost its case twice.

A decade of woes

kmp-photo
Protest signs along the Madaum highway, where guards, allegedly controlled by Lapanday Foods Corp, shot farmers reclaiming the land. (Photo by Kilab Multimedia)

The DAR order was covered by Certificate of Land Ownership Award (CLOA) No.00398239, issued under Transfer Certificate of Title No. C-10527 and registered on 18 December 1996.

The mother cooperative of beneficiaries, the HIJO EMPLOYEES AGRARIAN REFORM COOPERATIVE 1 (HEARCO1), signed a Banana Sales and Marketing Agreement (BSMA) with Lapanday, owned by the Lorenzo family.

Mantos said within two years, many farmer beneficiaries expressed dismay at the low price for their products and the many supposed debts subtracted from their sales income, “kasi di nila alam saan nanggagaling ang utang at walang supporting documents.”

In the ten years, from 1998 to 2008, skirmishes between restive beneficiaries and guards cost two lives and injured several from both sides of the conflict. Farmer leaders were also booted out of work and reinstated only after years of legal battle.

When the contract with Lapanday expired in 2009, the beneficiaries undertook a referendum for future plans. Majority voted to extend the contract, while 159 voted No.

The nay-voters eventually reached an agreement with the mother cooperative, which allowed them to leave, ceding over 145 hectares covered by a document.

“They found a new buyer with better contract — $8 a box from $4 a box paid by Lapanday,” Mantos said.

The DAR ruled in favor of the benificiaries in 2010, upholding their right to the land parcel ceded by the mother cooperative.

Lapanday: no owner – but exerts control

Mantos said the 145 hectares is only one case. Other land parcels are also involved in on-going disputes between beneficiaries and Lapanday, for unjust wages and onerous practices – reminiscent, he said, of the old, feudal plantation setups in the pre-CARP era.

Lapanday denies ownership of the land. But it filed a a case against the new group, covering the lands they tilled. The corporation lost that legal battle too, with the regional trial court ruling in favor of the formers.

Mantos said the agrarian reform beneficiaries were preparing to till the land after victory when “300 Lapanday guards and goons atacked.”

“Tinutukan sila ng baril at pinalayas,” he said. (Guns were pointed at them and they were forced off the land.)

Despite the legal victories, the beneficiaries were kept out of their lands for the next six years.

After seven months of pickets at the gate of Lapanday’s local office, the farmers sought reinforcement from other peasant’s group in the region and entered to reclaim their land on December 9.

Lapanday, in a statement released to Sunstar Davao last month, said:

 

“Lapanday Foods Corporation clarifies that it does not claim ownership over agrarian reform lands awarded to Hijo Agrarian Reform Beneficiaries Cooperative (HARBCO) and Hijo Employees Agrarian Reform Beneficiaries Cooperative 1 (HEARBCO-1). This is in reaction to a recent gathering of members and sympathizers of these cooperatives at its offices in Davao City,” the statement read. The LFC said these cooperatives remain the absolute owners of these lands and they only want “these cooperatives honor and respect their valid and lawful contracts with LFC that mandate them to sell the bananas produced in their farms to LFC and allow LFC to manage their farms to ensure the quality of their produce.” The company also said in the contracts where HARBCO borrowed funds for its use from LFC, HARBCO and LFC entered into a banana sales and marketing agreement in 1998 and a general framework on farm handling last December 23, 2008. In these contracts, HARBCO committed to exclusively sell bananas produced in its farm to LFC and allow LFC to manage its farms to ensure the export quality of the bananas.

The Kilusang Mambubukid ng Pilipinas – Southern Mindanao said the tagum dispute “is a classic example of what Pres.Duterte refers to as Feudalism.”

The KMP urged Duterte “to walk the talk” and intervene with the farmers upholding the DAR decision.

“We hope that he understands very well that agrarian reform remains myth so long as landlords continously grabbed the lands of nameless farmers. If the farmers will not fight for their rights to survive what assurance can they get from this landlord-dominated government?” said KMP-SMR chairperson, Pedro Arnado.

Lords of the land

pr-peasant-day
A 2015 campaign poster linking the failures of agrarian reform in old and new order of leaders. (Graphic by UMA Pilipinas)

The Tagum dispute is an emblem of the struggles that face Filipino farmers decades after the passage of what was pledged to be a landmark law for a comprehensive agrarian reform program (CARP) and congress approval of a successor program, Comprehensive Agrarian Reform Program Extension with Reform (CARPER).

Lapanday is controlled by the Lorenzo clan. Its chief executive officer, Regina Lorenzo, is the sister of Martin Lorenzo, a top executive of the Central Azucarera de Tarlac, the sugar mill of the Cojuangco clan’s sprawling Hacienda Luisita.

A recent outbreak of violence also occurred in Luisita, where beleaguered land workers still have to benefit fully from a final Supreme Court ruling in 2013.

Distribution of land has gone very slowly for beneficiaries. In 2009, the Congressional Policy and Budget Research Department of the House of Representatives, said CARP had a balance of 1.6 million hectares, covering 1.2 million farmer beneficiaries. The environment department, it added, also had nearly 600,000 hectares of land still undistributed to farmer-tillers.

CARPER received a P150 billion budget. But in a 2015 report, the Philippine Center for Investigative Journalism said DAR had still failed to distribute 726, 421 hectares and the DENR still had some 100,000 hectares to go.

Even those who have received land continue to struggle from their lack of access to affordable credit, the continued lack of support mechanisms from government and the market control exercised by agriculture dealers who are also often big landlords.

The hardships often end up with re-concentration of lands, which are then blamed on workers and not on government neglect and collusion with big landowners.

Halting an unjust cycle

uma-2016-card2In August, Agrarian Reform Secretary Rafael “Ka Paeng” Mariano, the former representative of militant party-list group, Anakpawis, received President Rodrigo Duterte’s backing on the planned executive order for a halt to land use conversion.

Mariano said the proposed EO should also cover applications for exemption/exclusion of land from the coverage of CARP and other agrarian reform laws and programs.

The practice is currently allowed by Section 20 of the Local Government Code, which authorizes municipal and city councils to reclassify agricultural lands into other uses.

It’s a long, long fight, paid for by tears and blood. Farmers formed the bulk of restive Filipinos who rose up against the dictator Ferdinand Marcos and joined the New People’s Army as big ticket development projects drove them off their lands.

Sixteen years after the fall of the Marcos dictatorship, Bulatlat.com came out with a damning report on CARP: Lands are Back in the Hands of the Lords.

Read Also: Are Filipino Peasants Better Off Now?

It’s now four decades since the EDSA People Power Revolt. Farmers are still shedding blood for lands that are theirs by right.

 

 

 

 

Even as peace talks poised to resume, attacks on legal activists heighten


(First of five parts)

amelia pond  Even as National Democratic Front (NDF) consultants Wilma and Benito Tiamzon finally walked out of detention from Camp Crame today, reports from regions indicate that state security agencies are stepping up attacks against legal activists.

The Rural Missionaries of thePhilippines reported the arrest today (August 19), around noon, of 64-year old Amelia pond, the order’s regional coordinator for Southern Mindanao.

Pond is also the research and documentation officer for the Salugpungan School Network in Mindanao, which remain the only available opportunities for education of indigenous children.

The attack happened as peace panels of the government and the NDF were preparing for the resumption of long-stalled peace talks in Oslo, Norway.

Read: Tears, hugs as NDF consultants walk free

Pond was accosted by members of the Philippine National Police (PNP) criminal instigation and detection group (CIDG) after a three day RMP assembly at the Living the Gospel Renewal Center on Archbishop Reyes Avenue, in Cebu City’s Lahug district.

Her arrest came as activists and peace advocates were hailing the release of the Tiamzon couple, which brought the number of freed National Democratic Front (NDF) political prisoners to 17.

 

 

tiamzons
Wilma Tiamzon (left) and husband, Benito (right) talk to supporters and peace advocates following their release from detention. They are flying  with 12 other consultants to join the National Democratic Front (NDF) peace panel in Oslo, Norway, where peace talks are set to resume on August 22. Photo by Obet de Castro

“They will join 15 others so far released in peace talks in Oslo on August 22 and for consultations with the NDF Negotiating Panel,” lawyer Edre Olalia said. Two of the released consultants are not joining the Oslo talks as they need urgent medical care, NDF sources said.

Planted evidence?

The RMP report said Pond was in a taxi with three other people when CIDG cops blocked them. They forced her out of the vehicle.

“The female CIDG held her by the arm and asked her with different names but she denied. This was followed by more questions showed photographs, and a supposed warrant of arrest, but they did not make her read the warrant,” the report said.

“One of Amy’s companion insisted that she should read the warrant for her to know what her case is but despite Amy and her companion’s insistence they failed to let Amy read the warrant. Amy vehemently resisted this illegal arrest.”

The witnesses said one of the CIDG men went near Amy and inserted two ID’s in her bag.

“Then they asked her to alight the car. She refused to go with them but they forced her. In this instance, Sr. Francis Anover and Sr. Marisol Garduno who were also in the center immediately went to her rescue.”

Pond was brought to Camp Sotero in Cebu City. and charged with double murder and frustrated murder in Compostela Valley under the name of Adelfa Toledo.

Increasing attacks

pajallaBefore Pond’s arrest, Quezon province cops nabbed a peasant leader identified with the military party-list group, Anakpawis.

Karapatan-Quezon spokesperson Alex Pacalda told Bulatlat.com that the arrest of Antonio Pajalla was illegal as, “the rebellion charge against him was long extinguished when he was granted amnesty under former President Fidel Ramos.”

Bulatlat quoted Pacalda as saying the peasant leader held with him his copy of the certificate from the National Amnesty Commission when he was arrested at around 9 a.m. Aug. 12. He was on a jeepney en route to the Anakpawis Partylist’s office in Catanauan town.

The rebellion charge against Pajalla, which is the ground for his arrest, was first filed in 1995. But Pajalla was granted amnesty by President Ramos in 1997, said Pacalda.

Karapatan and other rights groups  have warned that the continuing presence of paramilitary troops — trained and supervised by the military — represents a major threat to the peace process.

“We must watch out for saboteurs,” said Catholic Bishop (Caloocan City)  Deogracias Yñiguez on the eve of the Tiamzons’ release. He said church workers and civil society and people’s organizations must remain vigilant on human rights violations and other abuses, which could wreak havoc on the peace process.

The Ecumenical Bishops Forum and the Philippine Ecumenical Peace Platform, Yñiguez said, worked hard with other groups “to find many ways to ensure that the crucial peace process resumes.”

Lumad victims

Social Welfare and Development (DSWD) Secretary Judy M. Taguiwalo confirmed that paramilitary troops strafed a lumad community on July 30 during holding a wedding in  San Fernando, Bukidnon, killing a pregnant woman and wounding seven other people, including five children.

lumad333
Maytas Gauyran, chieftain of the Tigwahanon tribe, grieves at the coffin of his daughter, Marikit Gayoran, who was pregnant when shot dead during a community wedding. Photo courtesy of Kilab multimedia

A DSWD report said  a paramilitary group associated with the 8th Infantry Batallion of the Philippine Army. Taguiwalo said all victims beneficiaries of the DSWD’s 4Ps and Modified Conditional Cash Transfer Program (MCCT).

Taguiwalo also ordered an investigation into the provision of projects for suspected mastermind ‘Alde Salusad’ or ‘Butsoy’ despite a warrant of arrest for a previous killing of a lumad datu, Jimmy Liguyon, in front of his small children.

 

 

 

Vulnerable communities

The Save Our Schools  (SOS) network said attacks on indigenous schools in Mindanao have increased following then assumption of Duterte. The tough talking leader has close links to restive indigenous groups fighting against the entry of big mining firms and plantations into their ancestral lands.

In the areas around Duterte’s home city of Davao, teachers were forced to close down some schools because of death threats, according to SOS executive director Rius Valle.

He said paramilitary forces trained and supervised by military officials were hunting the teachers in the Pacquibato district of Davao City.

“They documented attempts to kill them,” Valle said in an interview.”The two teachers had to close down the school and seek sanctuary in Davao City.”

After the Paquibato incident, which happened just before Duterte’s  first State of the Nation Address (Sona), paramilitary troops also killed the leader of a parents’ association in a lumad school on the outskirts of Davao City. The community in the area have a long running feud with religious leader Apollo Quiboloy of the Kingdom of Jesus Christ, a known supporter and friend of Duterte.

lumad444On August 13, six men, riding in tandem on three motorcycles, also strafed a group of lumad in Barangay Zillovia, Talacogon, Agusan del Sur. A woman, shot in the chest, had to be placed under intensive care.

The victims are indigenous claimants to land now covered by an forestry agreement granted to  Provident Tree Farms, INc.
The RMP said the incident is connected to an earlier series of attacks, including the murder of  Datu Mansulbadan, the former supreme datu of the Manobo community in the area.

Four other Manobo — including a 13-year old boy — who were the apparent target of the gunmen suffered less serious injuries. The attack also prompted an evacuation of residents.

 

RSF wrong to call for media boycott


Reporters without Borders (RSF) is right to express outrage over President-elect Rodrigo Duterte’s remarks on the murders of Filipino journalists. Its call for Philippine media to boycott his press conferences is dead wrong. So is the suggestion to use the law on defamation (libel or slander in this country) against Mr. Duterte.

The international organization was reacting to this particular line of Mr. Duterte: If you’re not a bad journalist, you won’t get killed. That was a line repeated thrice in his rambling harangue, each time said with greater intensity.

Media did not misinterpret, Mr. Duterte, nor take him out of context.

Read: Lawyering for the killers of journalists

killings

Media groups, in their investigations into the 174 murders of journalists, have pointed out allegations of corruption against some of the victims and the unjust economic systems in media that make colleagues vulnerable to corruption.

There are laws that cover erring media practitioners. Murder is a crime; there is no excuse for it.

Most journalist victims died in the line of duty. It is not true that only the bad eggs are hunted.

Most victims were murdered for exposing corruption and actions threatening local communities, including human rights violations, the sale of narcotics, the proliferation of illegal gambling, illegal logging and abusive mining practices.

When state agents commit the crime – and majority of suspects in the killings of journalists are active or retired law enforces, and local officials and/or their henchmen – the situation grows worse.

Hundreds of human rights workers, judges, political activists and environmentalists have been slain for many of the same issues that journalists die for.

Defamation

There is no downplaying the gravity of Mr. Duterte’s statements.

But for RSF to suggest that Philippine media organizations bring defamation lawsuits against Mr. Duterte is mind-boggling.

“Duterte should nonetheless be pleased by the existence of these laws because without them he would also be exposed to violent repercussions, according to his own words. We urge organizations that represent the media to not overlook comments of this kind and to bring lawsuits. We also urge the media to boycott the Duterte administration’s news conferences until the media community gets a public apology.” — RSF

Hasn’t RSF kept track of our long campaign to decriminalize libel? Did it not monitor the threat represented by the Anti-Cybercrime Law, which increases the penalty for the crime?

I do not want this used on me, on citizen journalists, or the 40 million Filipinos on social media.Why would I use it against a critic, even if he happens to be the President-elect?

I am a member, formerly chairperson, of the National Union of Journalists of the Philippines (NUJP), which campaigns to drop libel as a crime. Around the world, media groups are battling to decriminalize defamation. RSF should know that.

The late Jun Pala’s family, on the other hand, or other heirs of slain journalists, can choose this course.

Grounds for boycott?

A boycott by journalists is tantamount to a strike against both news sources and the people we serve.

A media boycott should be used only when our physical safety or ability to gather, process and disseminate the news, are in direct danger due to the actions of news sources.

The President-elect’s remarks present a general danger — especially if people with axes to grind see his views as a green light to go after journalists perceived as erring. These remarks do not yet represent a direct threat as, say, censorship does.

His catcalling and leering, however, are direct threats to well-being of women reporters — that is why there are laws on sexual harassment in the workplace.

Mr Duterte MUST apologize with no excuses for that, and pledge not to display such behavior. GMA7 reporter Mariz Umali has enough grounds to file a legal complaint. RSF did not mention her case.

Mr. Duterte uses extremely colorful language. But other chiefs of state, including outgoing President Benigno Aquino III have used similar lines. That does not excuse the President-elect. And media groups have spoken up as they always have.

The Philippine media did not boycott former Presidents Joseph Estrada and Gloria Macapagal-Arroyo when they directly attacked us.

The first pressured owners of one national daily into selling it to his political allies. Mr. Estrada also prodded business cronies to boycott a hard-hitting newspaper.

Mrs. Arroyo took on emergency powers, padlocking a newspaper and arresting outspoken critics. The Armed Forces and the police went around the country, providing schools and communities with a list of “enemies of the state” – which included the name media organizations, including the NUJP.

The late dictator Ferdinand Marcos closed down media, except for a few outfits owned by cronies.

Impunity’s throwback loop

Through all these years, Filipino journalists slugged it out with the powers-that-be. Even under the dictatorship, we put up underground press units and alternative media outfits.

We continued to cover Mr. Estrada and Mrs. Arroyo, not allowing their actions to cow us.

aquino

In 2014, on the fifth anniversary of the Ampatuan massacre, the International Federation of Journalists (IFJ) came out with a report. I wrote a piece what perpetrates impunity in this country. I scoured files going back to the early 2000s. Here are excerpts from that article:

“It is 2014 and I’m looking at reports, articles, talks and papers from 2004. Few things have changed. Indeed, every incident of violence perpetrated against journalists and almost every official statement on the issue by the incumbent President hurl those working for press freedom into a never-ending #throwback loop….

Mr. Aquino has tried to downplay the 33 murders of journalists under his watch, insulting the victims while at it.

‘When we say ‘media killing,’ usually (we refer to) agents of the state suppressing the search for the truth . . . but many of them, we can say, were not in pursuit of the profession,’ said the President, citing love triangles and extortion as possible motives.

The National Union of Journalists of the Philippines (NUJP) notes the poor solution rate for the 33 murders under Aquino’s term, with arrests only for six of these cases. Yet here was the land’s highest official, who often presents his administration as righteous, providing an old, discredited spin to a long-festering problem.

Mrs. Arroyo and leaders of the Philippine National Police (PNP) then also repeatedly blamed media victims for the killings, hinting at “shady backgrounds,” corruption and messy personal lives.

Then and now: Top government officials refusing to acknowledge that murder has become a routine response by powerful individuals and groups who come under a harsh media spotlight.

Then and now: Top government officials ignoring the roots of the problem, instead, hinting that murders could decrease if journalists eased up on their duties as watchdogs of society.”

 

We owe the people

And now we face Mr. Duterte.

A boycott is not just between media and Mr Duterte. A boycott does not just affect the incomes of media workers or the profits of our employers.

A boycott would hurt most the people we serve. Our people, RSF.

digong alabangIn this day and age, Mr Duterte can take to the Internet and record daily ramblings for the people to watch. He could very well bypass media.

But that would not be real communication. It could become a one-way monologue or he could impose a controlled platform, where only supporters get to ask sacharine questions. Filipinos know about that; we saw that during the dictatoship.

RSF is wrong. Filipino journalists owe the people our coverage of Mr. Duterte. We owe them, his fans and critics, the duty of asking the tough questions.

We cannot criticize if we abandon the task of asking those hard questions. We cannot educate, nor explain, if we stop prodding and investigating contradictions between words and actions. And we won’t be able to give Filipinos the good news – and there are many positive pronouncements and actions from Mr. Duterte – if we ignore his existence.

This is not a playground brawl. This is a fight for press freedom and free expression; a fight against impunity. This is not just about journalists, because those two rights are intertwined with other basic rights due to all citizens of this republic.

Media is a reflection of the society it serves. Where we get killed, others, too, face the guns. And they struggle on, as we in media should.

Impunity rides high when society confers too much power on select individuals and groups and imposes too little accountability on them. The murders of journalists in the Philippines will go on so long as governments continue to confound calls for transparency, so long as the corrupt and abusive wield the silence of the graveyard in response to expressions of the people’s democratic aspirations.

Opaque systems and selective imposition of justice, not to mention a weak justice system that makes sitting ducks of whistleblowers and witnesses, fueled and continue to fuel conditions that constrict press freedom – and all other freedoms — in the Philippines.

We will slug it out. We will soldier on. And while at it, we will give credit to Mr. Duterte when he gets it right even as we stand our ground when he is wrong.

Panelo as spokesman: Bad signal for seekers of truth, justice


Davao Mayor Rodrigo Duterte, the country’s next President, has appointed defense lawyer Salvador Panelo as his spokesman.

Presidential transition teams usually vet nominees. Maybe, Duterte, who got Panelo to represent him during the public lynching stage-managed by Sen. Antonio Trillanes, feels he knows the lawyer well enough to forego of the vetting process.

Mr. Duterte chose wrong. Journalists and media groups are telling him so. As have the families of the media victims in the Nov. 23, 2009 Ampatuan Massacre.

maguindanao-massacre

“Hindi ako komportable. Hindi tama (I am not comfortable. This is not right),” said Mary Grace Morales on behalf of other families of our fallen colleagues.

“Parang alam na namin saan patungo ang kaso (We know where the case is headed),” Morales, whose husband Rosell, circulation manager of the community paper, News Focus, died in the massacre, said.

The National Union of Journalists of the Philippines (NUJP) quoted Morales as saying, “Kung sya (Panelo) na talaga, hindi na ako aasa na may mangyayari pa sa kaso na ito (If he is really appointed, I will no longer hope for progress in this case),” she added.

Duterte campaigned on the promise to rid the Philippines of criminals and abusive government officials. Few clans are more abusive than the Ampatuans of Maguindanao.

Read: THE AMPATUAN MASSACRE: BECAUSE THEY COULD (IMPUNITY IN THE PHILIPPINES)

Ampatuan-621x446
Andal Ampatuan, Jr., a principal suspect in the Maguindanao Massacre. Photo from the AsianCorrespondent

Panelo was a defense lawyer for the Ampatuan massacre principals. He withdrew as counsel for Andal Ampatuan Jr. in December last year.

The NUJP expressed serious misgivings on his appointment as spokesman. It noted the “possible implications on the trial of those accused of what is acknowledged as the single deadliest attack on the press in history and one of the worst incidents of electoral violence in the country.”

I am a member of the NUJP, one of its former chairpersons. While the statement was right on most points, a tougher call is in order.

Mayor Duterte must rethink his appointment of Panelo

paneloDo you see this quote, sir?

 

More than 50 people died, most of them hapless journalists. It was a MASSACRE of civilians.

Unarmed civilians, many of them women, one of them a lawyer who worked with the poor. A massacre, sir. The single, most vicious attack on journalists ever, worldwide. And it happened in your beloved Mindanao.

ampatuan-massacre

One can be a defense lawyer and protect suspects’ rights.

It is another thing to peddle the lies of killers, the worst of murderers.

Panelo described the charges as fabricated.

F A B R I C A T E D.

That speaks of his affinity to truth — an ocean separates him and truth.

This is the man who will be your spokesman?

There are, what… 6,000 positions? Put him somewhere where his presence does not taint the search for justice.

Other media groups have also raised opposition to Panelo’s appointment.

Philippines Graphic editor in chief, Joel Pablo Salud said:

I can already see where the Ampatuan case will be going with your choice, Mr. President, of a spokesperson. While I believe and will fight for people’s rights to have their day in court, lies like this one do not help the cause of justice. I suggest you find someone else to stand as your voice to the people because by this statement alone, this man could endanger your presidency even before it starts.

National Press Club president Paul Gutierrez said it would be difficult for journalists to work with Panelo.

“Members of the press would find it hard to interact, and work with, a press secretary whose main client are the suspects in the wholesale murder of the members of the press that has outraged the entire world,” Gutierrez said.

“We understand certain debts owed during the election season need to be paid, but for a candidate who won overwhelmingly on a promise that change is coming, this is not the refreshing wind of change our clients sorely need now,” said Romel Regalado Bagares, Executive Director,Center for International Law.

“The choice is uninspired, to say the least. But it is clear it does not really understand the gravity of what happened on Nov. 23, 2009 on a hill in Sitio Masalay, Ampatuan, Maguindanao. Sadly, it is a choice that does attack not impunity decisively but rather, perpetuates it,” the lawyer and journalist said.

 

 

 

 

Hitler… Holocaust lines? DO YOU REMEMBER THEM, MR. PRESIDENT?


Dear President Aquino,
I oppose the candidacy of Rodrigo Duterte because of his views — and actions — that are inimical to human rights. I oppose the candidacy of the dictator’s son, who still pines for the bloody paradise of his father.

“If you allow them to oppress your fellow man and you do not speak up, you will be the next one to be oppressed.”

Aquino repeated the famous quotes of Martin Niemoller, a prominent Protestant pastor who emerged as an outspoken critic of Hitler and spent the last years of Nazi rule in concentration camps.

“First they came for the communists, but I did not speak out because I was not a communist… finally they came for me and there was no one left to speak up for me.”

Let me jog your memory, Mr. President. What did your government do while soldiers and para-military forces hounded Lumad to death in Mindanao?

When the Lumad sought sanctuary in Davao, your Liberal Party colleague tried to force their “rescue”.
KARLO MANLUPIG
‘Saving the Lumad’ Cops summoned to Davao City by the Chair of the House of Representatives Committee on Indigenous Peoples to “rescue” lumad fleeing military abuses in their mountain communities injured 15 of the displaced folk and destroyed a number of temporary shelters. (Photo by Karlo Manlupig)
Your Armed Forces earned a sharp dressing down from a UN expert when they tried to manipulate his words and the truth (yes, pretty much Goebbels-style, right?)
You snubbed the Lumad when they came to the capital to call attention to their plight.
Yet your allies in Congress and your AFP brass — and your national security office in Malacanang — hosted pet datus as they preached their belief that anyone with “alien” ideology was fair game for murder.
Your hand-picked successor Mar Roxas ignored entreaties by a governor from your own party. Indeed, when a refugee shared his plight, Mr. Roxas urged him to deliver himself unto the AFP — the very same folks who’d sent him scrambling for safety.

 

Nobody came to the aid of 15-year old Manobo boy from Sitio Mando, Barangay Mendis, Pangantucan, Bukidnon.
He didn’t just hear of the murders of his kin, Mr. President. He actually begged soldiers to spare their lives, appealing that his father, brothers and cousins be jailed if, indeed, they had done anything wrong. His father was 70 and blind; his brothers 20 and 19 years old. One of his cousins was 13 years old; the other was 17.
He begged the soldiers, Mr. President. And they shot father, brothers and cousins, one by one.
Remember them, Sir?
lianga
Lumad and supporters hold candlelight rites for Emerito Samarca, Dionel Campos and Juvello Sinzo and 57 other Lumad murdered under the Aquino administration. (Photo by Kilab Multimedia)
On September 1, in Diatagon, Lianga, Surigao Sur, the head teacher of a lumad alternative school was found murdered.
Emerito Samarca’s students at the Alternative Learning Center for Agricultural and Livelihood Development (ALCADEV) discovered his body. The folk at Diatagon had no access to education until private efforts established Alcadev for Manobo, Banwaon, Higanon, Talaandig and Mamanwa youth.
AlcadevYou spurned Alcadev’s students when they were in town late 2014 to protest the militarization of their schools.
A year later, these same children saw Dionel Campos and his cousin Belio Sinzo murdered by paramilitary troops.
The three gentlemen’s crime — providing a safe space for the education of children neglected by government.
No one came to help the hapless Lumad, Mr. President. No one from your government. It took private citizens and people’s organizations and churches to come to their aid.
And don’t you talk of coming to the aid of people suspected of being communists.
REDS
There have been more than 300 cases of extra-judicial killings under your administration. Eighty of these involved indigenous people or tribal groups. Almost always, people your government suspects of being communist.
You couldn’t even be bothered over the death of hungry farmers, Mr. President. Spare us your warnings.
KILAB MARCH 31 Screen Shot
We know about tyrants and what they can do to the country.
You speaking on our behalf isn’t just silly and thoughtless as you often are. It is criminal, because it seeks to use legitimate fears to cover-up your government’s attrocities.
Your government kills teachers and children, Mr. President. WE WILL NOT FORGET.
WE WILL NOT BE SILENCED

NERI COLMENARES IS MY ACTION MAN


My son calls him, “the real action man.” A friend, a true-blue capitalist from Binondo, beams on hearing the name Neri Colmenares.

Neri Colmenares (#11) is the first and only one of two names on my Senate list.

The man lawyers call “Comrade Amparing” has given honor to the term “activist”.

He paid his dues as a teenager – arrested, tortured, jailed.

He has never acted like he’s owed for the sacrifice.

After years as a human rights lawyer and three terms as Bayan Muna representative in Congress, Neri continues to invest his soul and root his politics in the “karaniwang tao.”

The people’s lawyer became the people’s fighter in the House of Representatives, bastion of traditional politicians. He authored 11 laws, including these:

  • Amending the Rent Control Act by prohibiting excessive rent for low income groups;
  • the Public Attorney’s Office (PAO) law, increasing the salaries of PAO lawyers;
  • the law requiring disaster warnings through text; and
  • the law creating Special Election Precincts for persons with disabilities and senior citizens.

These are laws that affect the lives of millions of Filipinos in ways that truly matter.

He authored several human rights laws including the law compensating human rights victims during Martial Law, the Anti-Torture Law and the Anti-Enforced Disappearance Law.

His bill for a P2,000 pension hike for Social Security System members sailed through the House of Representatives. Senators gave him the highest display of respect by adopting his bill en toto and passing it swiftly.

He aims for the elimination of VAT on electricity, water and fuel; the prohibition of privatization of public hospitals and public health services; the increase in income tax exemptions; the Freedom of Information Law.

He’s also the main author of the bill, Magna Carta of Airline Passengers Rights, to protect passengers from abusive airline companies. You and I know how important this is.

neri

It’s easy to see why Neri has worked so well in the House of Representatives.

Soft-spoken, polite to all, with a comic bent, he is ferocious when attacking abuse and persuasive in advocating his causes.

Colleagues across party lines stress his diligence, sharpness and his skill in building consensus where it can be forged.

His labors extend beyond the doors of Congress, all the way to the Supreme Court where he won a decision stopping Meralco and other electric companies from imposing excessive electricity rates in Metro Manila and other provinces.

He was also petitioner in the Supreme Court cases which declared DAP and PDAF pork barrel unconstitutional and in the P10 Billion overcharging and refund case against Globe and Smart telecoms. He has argued before the Supreme Court several times in various petitions defending human rights and the public against excessive rates for public service — including unjust MRT-LRT rate increases.

He argued before the US District Court in Hawaii for the compensation of human rights victims on the Marcos human rights case. He is the President of the National Union of People’s Lawyers (NUPL) a national association of human rights lawyers and a Bureau Member of the International Association of Democratic Lawyers based in New York and Belgium.

Oh, Neri is one of a handful of candidates who openly espouse divorce. He’s for the anti-discrimination bill that gives justice and dignity to LGBT’s in this country.

Lourd de Veyra says: He’s solid.

Neri’s more than solid. In a field full of dross, he’s golden.

Plus, how many senators can sing Buchiki and What a Wonderful World and give these equal meaning?

 

 

Track record over words: My left-handed choice for the vice presidency


 

Bongbong Marcos, the unrepentant son of the dictator, was never in the running for my vote. Nor was failed mutineer Antonio Trillanes ever considered. Nor Honasan.

Cayetano’s a competent lawmaker. And bless him for going hammer and tongs at Marcos. But his bigotry was in full display during the Mamasapano hearings and BBL-related events. I’ve seen up close and personal the results of such bigotry. For that reason, I’ve never considered Cayetano.

For some time, it has been a toss-up between Sen. Chiz Escudero and Rep. Leni Robredo.

Before delving into the pros and cons of both candidates, here are some issues and points that influenced my decision. These are mine; I am well aware others have theirs and have no intention of forcing these on anyone.

  • You are not your father or your spouse, whether they be demons or saints. (Had Bongbong showed repentance, had he cooperated with the country’s search for justice, he would not be the candidate I most revile.)
  • Human rights are non-negotiable. So is a justice system that gives the poor a fair shake.
  • Corruption is evil. Working for transparency and systemic changes that make it harder for the corrupt to operate earn big points.
  • My socio-economic views have always leaned to the left, for inclusive governance that goes beyond dole-outs.
  • #ScrapPork
  • I have never voted based on gender. What one does for gender equality is more important.
  • “Experience” is over-rated. What one has done is what matters.

 Leni Robredo

Leni is competent. An economics degree the University of the Philippines (UP) and law from the University of Nueva Caceres. She is a member of Saligan, a national alternative lawyers’ group helping farmers. She is a lawyer for the poor. And, yes, her lifestyle is simple.

What has she done in her single term in Congress? I’ll quote Yoly Ong’s article in Rappler:

“Leni has pushed for the bills that benefit not only her constituents but the entire country such as the charter extension of the Philippine National Railway. She filed for the Full Disclosure Bill that will require all elected officials and government agencies to fully disclose any transactions, documents, and budgets of public interest. She is a champion for the Freedom of Information bill (FOI).”

Leni also backed President Aquino’s Bangsamoro Basic Law (BBL.) I will give her full credit for taking on Marcos. She supports reforming the law on annulment. (No contender for the top two posts has come out for divorce.) She’s an opponent of the death penalty.

The FOI bill DIED in the House of Representatives. There were champions, yes. I think they tiptoed too much around Mr. Aquino’s aversion to FOI – even when they had accommodated Malacanang’s numerous suggestions. The timidity helped kill the FOI. The unwillingness to confront stalling House leaders helped ensure the bill would lie there and die there.

“Support for the BBL” is a phrase that doesn’t impress me. I followed proceedings. The BBL was WATERED DOWN by Mr. Aquino’s allies, Robredo among them. What it looked like after they got through with it was something the Moro Islamic Liberation Front (MILF) vowed to reject.

I won’t invoke the sainted Jesse’s fight against illegal gambling. But Leni praising the governor of Pampanga (the wife of one of the country’s biggest alleged illegal gambling lords) puts into question her commitment to fight corruption.

To invoke good governance as a reason for getting cozy with Mrs. Pineda (who represented her husband in Senate probes) totally flies before known facts:

1) Pineda was a name that surfaced during the Estrada impeachment trial – those sacks of money delivered to San Juan;

2) A falling out over the spoils of jueteng made the family embrace Gloria Macapagal-Arroyo;

3) Coming out bigger post EDSA 2, Pineda’s name once more during accounts of electoral fraud by the former President; he was allegedly among those who underwrote fraud.

 

Leni may spout anti-corruption lines. She may from time to time seem independent from this administration. But she sure hasn’t shown that independence when it comes to the heavy-handed use of government services – paid for by taxpayers – for her campaign.

Chiz Escudero

My problems with Chiz:

He’s too soft on President Aquino; they are good friends.

He justified the Iglesia ni Cristo’s shameless, extra-legal pressure to block a legitimate criminal case.

He did not come after Bongbong Marcos.

He did not banish that rapist Jalosjos from the slate’s campaign sorties. (A pardon does not change my mind about Jalosjos.)

He’s hasn’t given up on the idea of pork. (Robredo has her own DAP problems.)

He is a critic of the BBL.

Problems other people cite that I don’t buy:

Noy-Bi: Chiz was never LP; he owed Mar no allegiance. The President’s own sisters were Noy-Bi and so was the man he appointed executive secretary. There could have been no Noy-Bi without the Noy. (Don’t say, ‘didn’t he know Binay was corrupt?’ I’ll point you to PNOY and family.)

Alleged closeness to Danding — The old man is not fond of Chiz, whom he considers defiant and rebellious.

Blocking the coco levy bill — DHe’s not the only one who has serious concerns about HOW that particular bill aims to give justice to coco farmers.

Corruption — What? Where? When? How? There have never been clear facts on that. And that Napoles claim fizzled out fast.

So, yeah, never expect fire and brimstone from Escudero. He has never pretended to be an “alternative” politician. If you call him “trapo,” he’ll probably smile and and give you that silly wave.

Where it counts, however, Chiz DELIVERED on my priority issues.

He will not bash Marcos. But he was the main author in the Senate of RA 10368 – the reparation and recognition of victims of human rights violations during the Marcos regime; RA 10353 – defining and penalizing enforced or involuntary disappearance; and RA 9745 – penalizing torture and other cruel, inhuman and degrading treatment or punishment.

Aside from laws that added many courtrooms nationwide, he authored laws that seek systemic reforms in the justice system, reforms that better the odds for those without money or ‘connections’:

RA 10389 – institutionalizing recognizance as a mode of granting the release of an indigent person in custody as an accused in a criminal case;

RA 10158 – decriminalizing vagrancy;

RA 10071 – strengthening and rationalizing the National Prosecution Service (increasing salaries of public attorneys, among other changes);

RA 9999 – providing a mechanism for Free Legal Assistance;

RA 9995 – defining and penalizing the crime of photo and video voyeurism (critical in this digital age);

RA 9946 – granting additional retirement, survivorship and other benefits to members of the judiciary

We all know how PAGASA has improved. Escudero authored RA 10692, which allowed for the modernization of the weather service. He also authored

RA 10625 – reorganizing and strengthening the Philippine Statistical System; and RA 9470 – strengthening the system of management and administration of archival records, stabling the National Archives of the Philippines. (Very important, if not really sexy laws.)

For anybody who wonders how safe are the funds we park in banks, Escudero authored RA 9576 – increasing the maximum deposit insurance coverage, strengthening regulatory and administration authority and financial capability of the Philippine Deposit Insurance Corp.

Transparency? Chiz is among the rare politicians with their pork allotments out there for public review. He has submitted a genuine waiver with his Statement on Assets, Liabilities and Net Worth since 2013. It’s the real thing. He just doesn’t do a big song and dance.

Among his pending bills are :

SB NO. 16 – requiring public officials and employees to submit written permission or waiver in favor of the ombudsman to look into ALL DEPOSITS OF WHATEVER NATURE WITH BANKS WITHIN AND OUTSIDE PH, including investment bonds issued by PH govt; and

SB NO. 18 – the Senate version of the FOI — implementing the right of the people to information on matters of public concern … and the state policy of full public disclosure of all its transactions involving public interest. (Full disclosure in there; Chiz was main author; Poe it’s champion. The Senate passed it.)

My anti-Epal side likes SB NO. 17 – declaring as unlawful the naming of govt projects after govt officials and other persons whose name or identity may be associated with said officials.

SB NO. 118 – an act penalizing influence peddling; and SB NO. 425 – an act providing for protection, security and benefits of whistle-blowers should matter a lot to those hoping for a less corrupt country.

As a journalist, I appreciate SB NO. 127 – an act decriminalizing libel.

SB NO. 445 – amending the law on prostitution by imposing penalties on its perpetrators, and protective measures and support services for its victims – would end the current hypocrisy that penalizes sex workers while letting their users go free.

On consumers’ rights: SB NO. 123 – an act increasing the penalty for criminal negligence committed by common carriers

On OFW welfare: SB NO. 432 – penalizing the imposition of excessive placement fees against overseas Filipino workers

SB NO. 441 – magna carta of workers in the informal sector – tries to narrow the cracks in the economic system.

And, of course, it counts that he voted for the Senate version Neri Colmenares’ SSS pension increase bill.

I only have one vote and that goes to support real, tangible issues that matter. What’s been done matters.

Escudero gets my vote. It doesn’t scare me that many Filipinos are waltzing with a dictator’s son. And the argument that my vote will help him win doesn’t impress – because this administration’s record has made a mockery of the word ‘democracy.’

Duterte’s contradictions


What’s the difference between a joke and a dirty slip showing? How do you distinguish hyperbole from a person’s genuine worldview?

In the case of the Davao strongman Rodrigo Duterte, the offensive comments come too regularly to be dismissed as careless witticism.

Credit Duterte for defending indigenous peoples hounded by henchmen of corporations out to wrest their ancestral lands. Credit him for condemning the massacre of hungry folk in Kidapawan. Praise him for wanting to expand agrarian reform to ensure farmers get the support they need. Hail his commitment to resume stalled peace talks with communist rebels and provide meaningful autonomy to the Bangsamoro.

But do not ignore Duterte’s record in justifying the killings of people he considers social pests – juvenile delinquents, addicts, pushers. 

The Davao mayor has not admitted to any extrajudicial killings. He claims the criminals killed under his direct supervision were all gunned down in battles with law enforces.  No case has been filed against Duterte for these extra-judicial killings.

His supporters stress this to debunk charges of selective justice. But there is no doubt that people have been summarily executed under Duterte’s watch.

Duterte applauded these killings, encouraged these, defended these, verbally attacked and threatened those who rang alarm bells. Human Rights Watch (HRW) has doggedly reported on this for years; its country researcher Carlos Conde has received threats for his efforts.

Duterte may not have actually pulled the trigger. But speech after speech – to cheers and ovation – Duterte, a lawyer, spits on the nation’s laws, including the Constitution, presenting murder as legitimate law enforcement policy.

Who judges the innocent?

In his April 12 rally at the Amoranto stadium, Duterte said he has never killed an innocent person. But who judges innocence or guilt? The courts do, not the mayor, not the President. To deny suspects a chance to defend themselves in court does not solve the problem of injustice.

In the same rally, Duterte expressed sympathy for the plight of the Bangsamoro.

“I have to swear to the flag. My duty to the republic is to protect everybody, including the Moro people,” he promised disappointed leaders of the Moro Islamic Liberation Front (MILF).

That’s impressive. But government officials swear to protect the rights of everyone, including people suspected of committing crimes.

The military routinely tramples on these rights where suspected militants are concerned, including the Lumad fighting to keep their lands free of abusive extractive industries. Officials of the Aquino government routinely justify these abuses. They are wrong. And so is Duterte in his equally selective notion of human rights.

Duterte talks about the evils of corruption, of how top leaders have made a rich, small segment of the population more equal than the rest.

digong alabang
There is no denying Rodrigo Duterte’s popularity. Whether he campaigns in Metro Manila or the provinces, the Davao strongman draws huge, ecstatic crowds.

His followers also cite the same – criminals coddled by lawmen, judges, other officials – as a reason for their impatience with legal niceties and their support for death penalty sans any check and balance, except a leader’s righteousness.

I will not disabuse them of the belief that injustice stalks the land. It does; my Facebook page is filled daily of examples, from tragi-comedy to full-blown horror.

Nor will I try to paint Davao City as the country’s crime capital. It isn’t.

But there is no excuse for murder. There is no reason on earth that justifies state-sanctioned murder.

My rights are everybody’s rights

Dutere asks, “anong mawala sa inyo kung patayin ko ang criminal?” (What would it cost you if I kill criminals?)

I have seen state security officials kill people on simple suspicion of being criminals. I have seen friends die, seen them arrested and tortured. I have seen people languish in jail even when the courts have cleared them of alleged crimes.

I cannot agree that others do not deserve the same rights I fight for, the same rights government officials are sworn to defend.

Duterte isn’t a neophyte politician. He  has had decades as local chief to provide an alternative to instant-gratification, vigilante justice.

He offers higher wages for law enforcers. They certainly need it – like the rest of the country needs it.

But Duterte should be detailing steps needed to ensure that cops and soldiers do their job right, like trainings to lessen their use of shortcuts that then lead to lost cases.

He could list steps he’s done and will do to ensure the poor – defendants and plaintiffs – are guaranteed legal aid by efficient and honest government lawyers.

He could talk about workable rehab programs for young people who fall prey to drug abuse. He could talk about imposing harsher penalties for corrupt prosecutors who throw cases, or work with citizens’ groups to keep watch on hoodlums in robes.

It’s not that he hasn’t helped drug addicts. He has, as witnessed by  Clarisse Le Neindre, who know runs a rehab facility after recovering from addiction with Duterte’s help.

Watch Le Neindre’s testimony https://www.facebook.com/plugins/video.php?href=https%3A%2F%2Fwww.facebook.com%2Fforwardwomen2016%2Fvideos%2Fvb.1671955399731080%2F1690853824507904%2F%3Ftype%3D3&show_text=0&width=560

Why then stress shortcuts as solutions to problems? Duterte is doing people a disservice by pandering to the worst of our instant gratification tendencies.

He presents the sona – the whole-scale round up of suspected addicts and community pushers – as the swift response to the scourge of drugs. That blueprint misses the fat cats who control the entry, the manufacture and the deliveries of drugs to affected areas.

Double standards, too

duterte contractualizationDuterte says poor Filipinos will come first under his presidency. He opposes contractualization.

Yet he promises to create an enclave where foreign investors can stay safe from the reach of the country’s laws.

 

He personally commits to keep them safe from inconvenient truths – like the fact that workers have the right to unionize.

For all Duterte’s talk about the poor’s right to prosper, he sees the struggle for economic rights as an enemy of development. And, indeed, in his first official campaign speech, he threatened to kill labor leaders who would not heed his “appeal” for a moratorium on union work.

He banners his credentials as a dear friend to the LGBT community. By all accounts, he treats them well.

Yet he uses the word “bakla” as an insult, a synonym for “coward”.

Some gay friends who support him say they see nothing wrong with it.

If he uses it as an adjective that reflects your self-identity, there is nothing wrong with it. If you slam others for using bakla as a slur, why is Duterte suddenly exempt from those standards? His use of the word only encourages the bitter, hateful homophobia that have harmed so many of your peers.

And then there’s rape and his attitude towards women. He and his wife have a unique relationship and I will not impose my standards of fidelity on them. I must also acknowledge that, unlike ousted president Joseph Estrada, no one has charged Duterte with stealing public funds to subsidise his womanising activities.

Davao also has many pro-women policies.

And yet, he opens his mouth and something else comes out.

Duterte recently shared this tale of criminals in detention twice grabbing hostages. The second incident involved a bunch of Christian prayer warriors, including an Australian woman who was raped and then had her throat slashed, according to a report by the Chicago Tribune.

Duterte used the anecdote to stress how incorrigible some criminals are and also to show his willingness to risk life for the sake of victims.

Then he debased everything that mattered. His anger towards rape was almost secondary to dismay that criminals used the woman first before the mayor did.

He was joking? Maybe. But he also used the same line earlier in his talk.

Cops who commit crimes for personal reasons deserve to be punished, he said. He made an example of a cop who kills his mistress – especially a pretty one — and implied  the mayor should have first dibs on the beauty.

It’s not the first time he used that anecdote on the hostage-taking, ending with a similar line. Watch Noemi Dado’s video at the 38:43 marker.

You can slog through the entire Duterte speech, including some moving performances by Freddie Aguilar here.

 

And this admittedly moving paean to change. Which, indeed, this country needs.

We all should be outraged that the haves in this country get away with all kinds of abuses while the rest of us suffer indignities daily.

Yes, innocent people get killed and innocent people rot in jail. Hungry people are left to starve; when they protest, they die.

We all should rage.

But in cheering for Duterte’s warped logic, in playing blind to his contradictions, we might just visit more of the same on this nation.