Human Rights Online Philippines

ACTION ALERT

April 6, 2020

Dear Friends,

The Task Force Detainees of the Philippines (TFDP) is forwarding to you an appeal regarding the alleged practice of cruel, inhuman and degrading treatment of curfew violators in Barangay Pineda, Pasig City by the Barangay Security Force headed by Barangay Captain Francisco de Leon.

CASE TITLE: Cruel, inhuman and degrading treatment of curfew violators in Barangay Pineda, Pasig City
DATE OF INCIDENT: March 29, 2020
PLACE OF INCIDENT: Barangay Pineda, Pasig City
ALLEGED PERPETRATORS: Barangay Captain Francisco de Leon and Barangay Security Force

ACCOUNT OF THE INCIDENT:

Based on a report of ABS-CBN on March 29, 2020, more than a dozen persons were allegedly arrested by Barangay Pineda, Pasig City security force for violating the enhanced community quarantine and curfew in the said barangay.

According to a resident who refused to mention his name, most of those arrested failed to show their quarantine pass, while others were caught loitering during curfew hours. They were brought to the barangay hall for blotter. They were then told to fall in line, were given candles and copies of a prayer that they were made to recite while parading the street.

In the interview of ABS CBN news to Barangay Captain Francisco de Leon, he said, “Yan ang parusa, at sinasabihan naming sila na sumunod sa batas, pwede namin silang kasuhan ng disobedience at ito ay may parusang pagkakakulong”. (“That is the punishment; we told them to follow the law, they could be charged with disobedience which has a penalty of imprisonment.”)

Based on the video posted by a certain Jonas Carandang III in his Facebook account, those arrested, all wearing face masks, were made to go on a procession around the village while they carried candles and recited prayers. Voices of people shouting in the background could be heard, “Magsisagot kayo! Kapag hindi kayo sumagot, magdamag kayo sa barangay hall!” (“All of you should answer. If you don’t respond, you will spend the night at the barangay hall!”)

The accosted persons were later released by the security personnel and the barangay staff. What they were allegedly subjected to, however, was cruel, inhuman or degrading treatment, which is punishable under Republic Act 9745, An Act Penalizing Torture and other Cruel and Degrading Treatment or Punishment and prescribing penalties therefor (Anti-Torture Act). Section 5 of the law provides, “Other cruel, inhuman or degrading treatment or punishment refers to a deliberate and aggravated treatment or punishment…inflicted by a person in authority or agent of a person in authority against another person in custody, which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the latter.”

SUGGESTED ACTION

Please write a letter to the following authorities urging them to stop the practice of cruel, inhuman and degrading treatment of curfew violators in Barangay Pineda, Pasig City. Moreover, to:

A. Guarantee in all circumstances the physical and psychological integrity of alleged violators of the quarantine;
B. Ensure that all those who participated and were responsible for the alleged human rights violation be brought to justice;
C. Ensure in all circumstances, especially in these trying times of the COVID 19 pandemic, respect for human rights and fundamental freedoms in accordance with the 1987 Philippine Constitution, international human rights standards and international instruments signed and ratified by the Philippines.

Please send your letters to:

1. His Excellency Rodrigo Roa Duterte
President, Republic of the Philippines
New Executive Building, Malacanang Palace Compound
JP Laurel Street, San Miguel, Manila
Tel: +632 873 68645; +632 8736 8606; +632 873 68629; +632 873 68821
Telefax: +632 873 68621
E-mail: pcc@malacanang.gov.ph

2. Hon. Menardo Guevarra
Secretary, Department of Justice (DOJ)
Padre Faura Street, Ermita, Manila
1000 Philippines
Tel: +632 85218348
Telefax: +632 85262618
Trunkline: +632 85238481 loc 217
Email: osecmig@gmail.com, communications@doj.gov.ph

3. Hon. Eduardo Aňo
Secretary, Department of Interior and Local Government (DILG)
DILG-NAPOLCOM Center
EDSA corner Quezon Avenue, Quezon City
Tel: +632 89250330; +632 89250331
Fax: +632 89250332
Trunkline: +632 88763454 loc 1001
Email: emano@dilg.gov.ph

4. Hon. Jose Luis Martin Gascon
Chairperson, Commission on Human Rights (CHR)
SAAC Bldg., Commonwealth Avenue
U.P. Complex, Diliman, Quezon City
Philippines
Tel: +632 89285655; +632 89266188
Telefax: +632 89290102
Email: chairgascon.chr@gmail.com

5. PNP Chief Lt. Gen. Archie Gamboa
Philippine National Police
PNP National Headquarters
Camp General Crame, EDSA
Quezon City, Metro Manila, Philippines 1100
Tel: +632 87230401; +632 87220650 local 3453/34733

6. Hon. Victor Ma. Regis N. Sotto
Mayor, Pasig City
8th floor, Mayor’s Office, Pasig City Hall
Contact: 0999 880 4490

7. Hon. FRANCISCO DE LEON
Barangay Chief
Banaag Street, Pineda Pasig City
Contact: +632 6319364

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