Human Rights FORUM 1 table of CONTENTS UNDER SIEGE 4 Press freedom and the embattled Arroyo administration By ODINA BATNAG PROBING FOR SENSE AND SENSIBILITIES 8 The Manila Peninsula Incident on hindsight By PERCIVAL CENDAÑA The Manalo Brothers FROM VICTIMS TO DEFENDERS 12 By MAX M. DE MESA ALAMIN ANG INYONG MGA 16 KARAPATAN Global Moratorium on Executions: TOWARDS WORLDWIDE ABOLITION 18 OF THE DEATH PENALTY By TRACY PABICO 22 HR DIGEST HR TRIVIA 23 FACTS AND FIGURES PHILIPPINE HUMAN RIGHTS INFORMATION CENTER Editorial Board • NYMIA PIMENTEL-SIMBULAN DR. P.H. • SONNY MELENCIO • GINA DELA CRUZ - Editor-in-Chief • BERNARDO LARIN - Managing Editor • JM VILLERO - Art Director • ARNEL RIVAL - Illustrator • EUGENE BACASMAS The Human Rights Forum is published quarterly by the Philippine Human Rights Information Center (PhilRights) with office address at 53-B Maliksi St., Barangay Pinyahan, Quezon City • Telefax: 433-1714 • Tel. No.: 426-4048 • E-mail:[email protected] • Website: www.philrights.org • ISSN 0117-552-1 EMBASSY OF FINLAND Manila This publication is made possible through the support of the Embassy of Finland The Philippine Human Rights Information Center (PhilRights) is the research and information center of the Philippine Alliance of Human Advocates (PAHRA). 2 Human Rights FORUM n EDITORYAL Karapatan sa Impormasyon ALIGI NG buhay na demokrasya ang malayang pagkuha nagtatanggol sa karapatang pantao ang pagpapalabas ng Korte at pagpapaalam sa mga mamamayan ng mga Suprema ng writ of habeas data kung saan pwedeng magpetisyon Himpormasyon hinggil sa mga pampublikong usapin. ang mga indibidwal laban sa ilegal na paraan ng pangongolekta Una, napakahalaga ng mga impormasyon at kaalaman upang ng impormasyon at maling paggamit nito. magkaroon ng ‘check and balance’ sa pagitan ng mga sangay ng Pangalawa, importante ring magkaroon ng kaalaman ang mga pamahalaan at upang mabantayan din ng publiko at ng midya ang mamamayan hinggil sa mga bagay-bagay sa gobyerno sapagkat posibleng pag-abuso sa kapangyarihan ng mga nasa pwesto. kung wala ito, hindi pwedeng magkaroon ng makabuluhan at Kaya hindi rin naman kataka-takang ‘pag may nahihigingang aktibong partisipasyon ang taumbayan sa pamamahala sa anomalya ang mga tao, unang tinitiyak ng mga tiwaling opisyal pambansa at lokal na lebel. na walang mahahalagang impormasyong makakalabas sa publiko Hindi maaaring magtagumpay ang mga proyekto at programa sa pamamagitan ng midya. ng pamahalaan sa pagkuha ng suporta ng taumbayan kung hindi Marami na namang ganitong mga kaganapan sapagkat sila nabigyan ng impormasyon at lubusang nakonsulta hinggil sa sangkatutak na ring iskandalo ang nasiwalat sa publiko pero hindi mga inisyatibang ito. naresolba at wala namang naparusahan. Pero sa ngayon, kitang- Hindi rin magkakaroon ng matalinong mga desisyon ang mga kita ang pagbusal na ito sa katotohanan sa kaso ng NBN-ZTE mamamayan sa mga panahon ng eleksyon, plebisito, at iba pang overpricing scandal. mga uri ng konsultasyon kung hindi ipinapakita ng ating mga Sa ginawang pagdukot kay ZTE star witness Rodolfo ‘Jun’ Lozada opisyal ang kabuuang larawan at kalagayan ng mga pampublikong upang mahadlangan ang pagharap niya sa Senado, nakita ng usapin. sambayanang Pilipino ang pangil ng Estado at kung hanggang Sa makabagong panahong ating kinalalagyan, napakadali saan ang pwede nitong gawin mapigilan lamang ang paglabas ng nang magpaabot ng mga kinakailangang kaalaman upang baho ng Malakanyang. magkaroon ng malusog na ugnayan ang mga mamamayan at Sa kabilang banda, nabunyag din sa pagtestigo ni Lozada ang ang pamahalaan. nakakabahalang paniniktik at pagsagap sa mga komunikasyon ng Ngunit taliwas ito sa kalakaran sa Pilipinas. Madalas nakatago mga ‘kaaway ng Estado’ na sa totoo lang ay iyong mga taong ang katotohanan at kung may maglalakas-loob na ibunyag ito kritikal sa nakaupong pangulo. tulad ni Lozada, pilit naman itong babaluktutin at tatabunan ng Kaya rin naman dapat ituring na isang tagumpay ng mga mga nasa kapangyarihan. l Human Rights FORUM 3 the headquarters of the check the identities of all the National Capital Region Police reporters who chose to stay Office (NCRPO). behind and see the siege The reasons they gave through. varied: Criminal Investigation In the end some 50 reporters, and Detection Group-National several of them handcuffed with Capital Region (CIDG-NCR) plastic tie wires, were brought head Asher Dolina said the to Bicutan in a bus and media needed to be processed, “processed.” But not all. and he made it clear it was In “Media Nation,” a talk either as “witnesses” or show on media at the ANC cable “suspects.” Others said some of channel, Philippine National the Magdalo soldiers could have Police (PNP) spokesperson disguised themselves as media Nicanor Bartolome admitted men, and so they needed to some reporters were allowed to UNDER SIEGE Press freedom and the embattled Arroyo administration n By ODINA BATNAG On Nov 29, 2007, two groups actually made a stand at the Manila Peninsula – those who called for a change in government and the journalists who covered the call. OBut while the police have stop covering the event and already arrested and charged leave the hotel. the Magdalos – as the soldiers affiliated with Sen. Antonio Media in manacles Trillanes IV are known – and Not that the police haven’t their civilian supporters, they tried. As soon as the Magdalos have yet to do the same with were arrested, the police the media workers who refused handcuffed some members of to obey the police “request” to the media and brought them to 4 Human Rights FORUM “The point for demanding for damages is precisely to make it costly for those who would abuse the power momentarily entrusted to them by the citizens of this land.” MIGHTIER THAN THE SWORD? The Pen played host to a show of military force against journalists covering another failed military- led attempt to unseat Gloria Macapagal-Arroyo. Clockwise, from left: journalists in plastic handcuffs about to be herded to Bicutan; soldiers about to storm the hotel; media coverage inside the Manila Pen, where the “Magdalo soldiers” holed out; and media coverage outside the hotel. Photos by LITO OCAMPO Human Rights FORUM 5 go after their IDs were checked. had told the Manila Standard Others simply chose to walk out, they were looking into the and were not stopped by the participation of a woman who police. appeared to have provided In Bicutan, the reporters Faeldon with a press card, which were asked for their name, helped him escape. address and contact details, and He said charges of then allowed to leave. There obstruction of justice, as well as were no charges filed, then or complicity to commit rebellion, later; nor was it made clear why might be filed against the they had to be brought all the reporter. way to Bicutan, instead of to the But not just yet. Razon said nearest police station. they would rather wait until Faeldon is recaptured before Chilling effect identifying the reporter. Since then, the government In the days that followed, – and not just the police – has WHEN JOURNALISTS MAKE IT TO THE NEWS: “Media must act to help media went on a guessing game tried to justify the illegal arrest preserve democracy.” Photo by LITO OCAMPO as police officers hiding behind of the reporters. the cloak of anonymity and When media groups OF YOUR FIELD REPORTERS, “Hindi namin media’s right to privileged questioned the legality of the NEWS GATHERERS, information continued to leak arrests and warned against its PHOTOGRAPHERS, maaaring out information describing the “chilling effect” on members of CAMERAMEN AND OTHER reporter. A senior police officer the press, the police insisted that JOURNALISTS WILL DISOBEY hayaan na ang eventually identified the the Manila Peninsula hotel was LAWFUL ORDERS FROM reporter before a group of a “crime scene,” and thus under DULY AUTHORIZED kalayaan sa reporters covering the police the authority and jurisdiction of GOVERNMENT OFFICERS pamamahayag beat, but “off the record.” the police. AND PERSONNEL DURING When a national daily Palace officials, on the other EMERGENCIES WHICH MAY ay magipit sa finally identified the reporter, hand, tried to convince the LEAD TO COLLATERAL it quoted an unknown source as media to help draw up rules DAMAGE TO PROPERTIES makipot niyang saying that the reporter was defining coverage, but reporters AND CIVILIAN CASUALTIES caught on video helping balked at this, believing that IN CASE OF AUTHORIZED kinalalagyan.” Faeldon. As if on cue, the TV such rules would only restrict POLICE OR MILITARY station released the footage of them and thus be tantamount to OPERATIONS.” the reporter and Faeldon the prior censorship. When a Four days later, in their the press pa ang pag-uusapan following day, “in the interest meeting between government weekly forum, the police said it natin, kung yung member ng of transparency.” officials and several media was standard operating press ay patay na?” The newspaper source, groups failed to come up with a procedure (SOP) to arrest however, said the reporter had consensus on media coverage, anyone who would obstruct a Witch hunt curly hair, and that the video was the NCRPO issued a set of police operation. As if to support their claims the police’s strongest evidence guidelines restricting reporters “We have SOPs and media that the media got in the way of against the reporter. The (at least those covering the have ethics. We have a law that the police in the Manila footage, however, only showed NCRPO headquarters in says anybody who would not Peninsula siege, the PNP went two people talking, their heads Bicutan) to the press room. It follow instructions could be on the offensive the following leaning towards each other, the also warned police officers that charged with obstruction of day, actually blaming a reporter reporter’s tape recorder between terrorism and other such justice,” Razon was quoted in for the escape of one of the them.