Tag Archives: Law

[From the web] “First anti-enforced disappearance law in the whole Asian region, was enacted into law exactly a year ago today.” -AFAD

AFADREPUBLIC ACT 10353, AN ACT DEFINING AND PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE, the first anti-enforced disappearance law in the whole Asian region, was enacted into law exactly a year ago today. It is a product of years of struggle of families of the disappeared in the Philippines for truth, justice, reparation, memory and guarantees of non-recurrence. As the human rights community commemorates the first anniversary of this law, the Asian Federation Against Involuntary Disappearances in cooperation with the Families of Victims of Involuntary Disappearance (FIND) continues to work hard to ensure its full implementation.”

Source: https://www.facebook.com/afad.online2?fref=ts

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[Press Release] Teachers welcome Anti-bullying law -TDC

Teachers welcome Anti-bullying law

The Teachers’ Dignity Coalition (TDC) welcomes the passage of the Anti-Bullying Law or RA 10627 WHICH President Aquino signed on September 12.

TDC

“Now, the teachers and school officials will have a clear legal definition of bullying and a basis for procedure in handling bullying cases in school as well as mechanism of preventing it.” Said Benjo Basas the group’s national chairperson.

Basas noted that anti-bullying is part of the Child Protection Policy which the DepEd adopted last year and with the enactment of the law, the DepEd can now improve its policy on bullying.

“This law should be implemented fairly with full protection for the bullied and the bully as well.” Basas said noting that the students who are considered bully are also in the same vulnerable situation as the bullied.

Basas cited a UNICEF study in 2009 which shows that most of the abuses that took place in schools are cases of bullying.

“We hope that this law would make the school a happy place for our children.” Basas ended.

Basas offered the assistance of his group in crafting of the implementing rules of the law.

NEWS RELEASE
September 21, 2013

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[Press Release] Uphold RH law, best gift for Mother’s Day – PM

Uphold RH law, best gift for Mother’s Day – PM

pmLogo1The Partido ng Manggagawa (PM) joined RH leaders and advocates from the Purple Ribbon for RH to a rally at the Supreme Court, Padre Faura, Manila. In commemoration of Mothers’ Day on Sunday, May 12, PM and women’s groups called on the SC justices to heed the call of mothers and uphold the RH law (RA 10354).

“Ang pagkaantala ng implementasyon ng RH law ay patuloy na nagiging mitsa ng buhay ng maraming inang Pilipino. Nananawagan ang PM sa ating Supreme Court justices na maging bukas sa matagal nang hinaing ng kababaihan para sa RH, lalung-lalo na ng mga ina. Upholding the RH law is the best gift our SC justices could give to millions of Filipino mothers this Mothers’ Day,” asserted PM Secretary-General Judy Ann Miranda.

Eleven (11) deaths of women daily attributed to pregnancy and childbirth complications have increased over the past decade. The passage of the RH law, if immediately implemented, would have stepped up the efforts to address the problem. The status quo ante issued by the Supreme Court has stalled said process.

PM reiterated that the lives of women should be the utmost concern in the decision of the Supreme Court on the RH law rather than the Catholic Church’s disagreement that is not based on the real needs of women, especially poor and working women.

PRESS RELEASE
Partido ng Manggagawa
7 May 2013

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[Press Release] Stand firm, repel the workers bully!!! -DEU

 

Stand firm, repel the workers bully!!!

 

DEU copyBehold, in front of you are the gallant men and women of Digitel Employees Union (DEU). In its fight against PLDT’s Corporate GREED. Their scheme of Closure via REDUNDANCY is a clear union busting and to promote CONTRACTUALIZATION. They are pushing their scheme even if it’s against the LAW.

Last March 15, 2013, more than four hundred (400) regular employees of DIGITEL have been terminated via the Redundancy Program of PLDT/DIGITEL Management. Almost 80% regular employees availed the program where they are paid 190% of their number of years in service. Almost all of these redundant employees were offered jobs as contractual under SERVEFLEX and PEOPLESERVE, with the same salary, same position, same job description and same work location. HOW CAN THIS BE REDUNDANCY?!!! A clear violation and act of Illegal Dismissal.

For nine (9) years of DEU struggles, we abide by all the rules of LAW. DEU WON ALL THE LEGAL BATTLES!!!
Major CASES                                                                                                                                            PLDT/DIGITEL                          DEU
NCMB-NCR-NS-11-307-04 (National Conciliation & Mediation Board)                      LOST                                                WON
NCMB-NCR-05-09605                                                                                                                        LOST                                                WON
NLRC-NCR-CC #000302-05(Nat’l Labor Relations Comm.)                                            LOST                                                WON
GRSP # 91719/94825 ( Court of Appeals)                                                                                  LOST                                                WON
GR # 184903-04 (Supreme Court-With Finality 01/21/13)                                               LOST                                                WON
WRIT OF EXECUTION ( DOLE – March 19, 2013 )                                                                LOST                                                WON

With all these LEGAL matters in place, why is it that JUSTICE is still not enforced? Why is it that JUSTICE is still out of reach? IS PLDT/DIGITEL ABOVE THE LAW? Why is it that this company continue to defy all the Decisions of the Philippines’ Government Offices?

Last March 22, 2013 a manifestation was issued by PLDT/DIGITEL Management in answer to the WRIT OF EXECUTION issued by DOLE, stating that DIGITEL is no longer in a position to commence Collective Bargaining Negotiations with the DEU because the Company has been integrated with PLDT and all of its employees have already been terminated via Redundancy Program.

Last April 10, 2013 because of continuous defiance of PLDT/DIGITEL Management to the Rule of LAW, DEU started a Peaceful Protest Rally in front of PLDT Main Office at RC Building, Ayala, Makati, and a HUNGER STRIKE followed last April 16 until now. But our presence caused them “IRRITATION” and “SHAME”. They even covered the Picket Line with a shuttle bus and tall security guards and desperately made a move to drive us out of PLDT premises.

Last April 16, 2013 a case was filed at Makati RTC by PLDT/DIGITEL Management to DEU for allegedly violated Illegal Occupancy and Trespassing at the property of PLDT in a premise that PLDT and DIGITEL is a separate entity a clear conflict to what they said earlier that PLDT-DIGITEL has been integrated.

Last April 19, 2013 at 3:00 AM the PLDT Management with the help of more than 100 PLDT Security guards dismantled our Protest Center and acting by itself without the Order and result of the Makati RTC decision. A CLEAR DISRESPECT OF THE LAW!!! Where are we going to seek JUSTICE if these Powerful and Rich Company does not abide by our Laws? Let’s bring HOPE to our Society, for the sake of our children’s career and future. Join the fight, join the cause!!!

Press Release
April 24, 2013
References: Allan Licardo – DEU President (09223756892)
Fritz Marie Alzuelo – DEU Vice President (09225375689)
Picket Direct Landline – 345 5991

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[Blog] On Candidates Criminally Hugging Trees by Rodne Galicha

On Candidates Criminally Hugging Trees

by Rodne Galicha

Rod Galicha2On candidates wanted to be elected as public servants, I once asked this question: How many of our leaders now are willing to stand up selflessly for the general welfare, for a healthful and balanced ecology?

Once elected and sworn into office, these ‘chosen’ people, depending on the position won, shall either make or implement laws. How can we measure the seriousness of these people – their honesty? How can we expect them to really make and implement sensible policies? How can we be sure that they themselves will follow those policies enacted?

Simply, let us learn from the words of a Greek philosopher named Aristotle: “He who cannot be a good follower cannot be a good leader.”

Once political wannabes signed their respective certificates of candidacy, they have sworn ‘to support and defend the Constitution of the Republic of the Philippines and will maintain true faith and allegiance thereto.’ Significantly, affixing their signatures, they promised to ‘obey the laws, legal orders and decrees promulgated by the duly constituted authorities,’ and pledged to ‘impose this obligation upon myself voluntarily, without mental reservation or purpose of evasion.’

The campaign period started in February for national candidates including partylists and last week of March for local ones. The city life becomes more colorful and the once lush green rural villages are now filled with a kaleidoscope of smiling images and super promises of heavenly lives. Literally.

Read full article @rodgalicha.com

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[Statement] of the UP Center for Women’s Studies and the UP Law Center Institute of Human Rights on the Status Quo Ante Order of the Supreme Court on the RH Law

Statement of the UP Center for Women’s Studies and the UP Law Center Institute of Human Rights on the Status Quo Ante Order of the Supreme Court on the RH Law

March 19, 2013

UP_Center_for_Women's_Studies_Foundation,_Inc._(UP_CWSFI)The UPCWS and UPIHR wish to express their extreme disappointment with the status quo ante order issued today by the Supreme Court on the RH Law. This is tanamount to a TRO couched in terms that may only confuse and therefore delay the anger of those who support the law.

This is particularly insulting that it comes during women’s month.

We are unsurprised that this law is yet to go through yet another barrier. However we are concerned that yet another delay will add to the death count of women dying in the act of giving life. Based on the Philippine government‘s family health data, 14 maternal deaths a day occur because of the lack of basic reproductive health services. This is 1,680 women who will die in the 120 days that the order is effective.

Through the course of the crafting of the bills, the ammendment period and even in the crafting of the implementing rules and regulations, the views of the Roman Catholic Church hierarchy have been taken into consideration. Real changes have been made. Yet at every step, despite these attempts to meet half way, the Church refuses to endorse the outcomes. In short it has negotiated repeatedly in bad faith. This latest step is just another indication of its refusal to heed the views of a majority of our people. It is sad that the Supreme Court should be instrumental in revoking human rights already claimed by our people under the RH law.

There are times when legal processes and exhaustive measures no longer serve the purposes of democracy and social cohesion. Times when the hard institutional power of government and social entities must yield to the urgent needs of those most in need of succor. We were hoping the Surpreme Court would have the wisdom to see that this is one of those instances.

We are not discouraged. The social movement that has coalesced to save women shall not stop.

We encourage all to begin again, the actions that made the executive and legislature answerable. So that the Supreme may made accoutable, too.

Elizabeth Aguiling Pangalanagan, LLM
Director UP Law Center Institute of Human Rights

Sylvia Estrada Claudio MD, PhD
Director
UP Center Women’s Studies

Contact Details: UPCWS- 920-6880/920-6950 or 0920-9089187

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[Statement] Protecting Women from Enforced Disappearance -AFAD/FIND/ICAED

Protecting Women from Enforced Disappearance

AFAD FIND ICAEDWomen everywhere are deeply affected by the global scourge of enforced disappearance. They are the wives, mothers, grandmothers, sisters, and daughters who are in the abysmal state of uncertainty and in perpetual search for their disappeared loved ones. They are often left behind to bear the socio-economic and psycho-emotional brunt of enforced disappearance. In cases when women are made to disappear, theyare particularly at great risk of sexual and other forms of violence.

Many of them have been able to transform their personal anguish and sufferings into courage and determination to sustain the arduous struggle for justice. For a long time, the Philippines lacked the specific mechanisms that protect individuals including women and children from enforced disappearance. But the 16 years of uphill battle of victims’ families and human rights advocates to have enforced disappearance criminalized has finally borne fruit in the recent passage of Republic Act No. 10353 or the Anti-Enforced Disappearance Act of 2012. This special penal law officially recognizes not only the gravity of the offense but also the distinct sufferings endured by the victims and their families, especially by women and children.

The Anti-Enforced Disappearance Act of 2012 is without doubt, a major advancement in human rights legislation. Nevertheless,the law is only as good as its implementation. While the speedy crafting and joint promulgation of the Implementing Rules and Regulations (IRR) by appropriate government agencies and organizations of families sought to expedite the Act’s implementation, a strong political will is required to ensure the full realization of the law’s objectives.

While a law defines mandates, translating them into concrete actions lies in the collective will of all stakeholders. It is for this reason that we organized a forum-workshop on the “Effective Implementation of Republic Act No. 10353” with the support of the Embassy of Canada and the UP Asian Center on 6 March, 2013 at the GT Toyota UP Asian Center Auditorium. The forum brought together various stakeholders not only to instill the letter and spirit of the law in their hearts and minds, but most importantly to generate collective action that will ensure the effectiveness of the law, more particularly in strengthening accountability and combating impunity.

We also hope that the new law will facilitate the Philippines’ signing and accession to the International Convention for the Protection of All Persons from Enforced Disappearance to complement and reinforce the domestic protection mechanisms.

As we commemorate the International Women’s Day today, we pay tribute to all women who have indefatigably struggled and risked their lives to make our world free from enforced disappearance and other forms of violence. Ending this odious offense will greatly contribute to the liberation of all women in the world from discrimination and violence.

Joint Statement
International Women’s Day
8 March 2013

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[From the web] Supreme Court Idol: The cyberlibel edition -RAPPLER.com

Supreme Court Idol: The cyberlibel edition.
By Oscar Franklin Tan, RAPPLER.COM
January 21, 2013

rappler_logoDuring the January 15 oral arguments at the Supreme Court, how many realized that Atty Harry Roque practically stopped discussing the Cybercrime Law and attacked the real world libel law instead? How many noticed that when Justice Marvic Leonen cited the need to protect Chris Lao, he contradicted himself by invoking a doctrine that protects speech? How many observed that Leonen made up for it after by blocking the last piece of Roque’s pet international law argument?

Welcome to Supreme Court Idol: the cyberlibel edition, a recap of the top legal moments (and misses) in last week’s oral arguments regarding the Cybercrime Prevention Act of 2012. (This first installment covers the arguments regarding the actual cyberlibel provision.)

Internet libel has been punishable since the Internet’s creation and was not created by the Cybercrime Law. In fact, existing Internet libel charges are under the Revised Penal Code, enacted in 1930. The Cybercrime Law’s legal issues are far more technical than the Reproductive Health Law’s, which many distill into an individual’s right to choose.

Read full article @www.rappler.com

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[In the news] CYBERCRIME LAW | En banc to tackle bid to extend TRO beyond Feb.5: Sereno -InterAksyon.com

CYBERCRIME LAW | En banc to tackle bid to extend TRO beyond Feb.5: Sereno
By Lorenz Niel Santos, InterAksyon.com
January 15, 2013

InterAksyon logo2MANILA, Philippines—The Supreme Court will take up in future en banc sessions the plea of petitioners against the Cybercrime law to extend beyond February 5 the temporary restraining order stopping the law’s implementation, Chief Justice Maria Lourdes Sereno said Tuesday.

Sereno indicated this as the high tribunal, which issued the 120-day TRO right after 15 petitioners sued to stop implementation of the newly-enacted Cybercrime Prevention Act of 2012, heard oral arguments against the measure.

As the court heard arguments from five pre-assigned lawyers tasked to sum up the key issues raised by various petitioning groups and individuals, Sereno and the newest associate justice, Marvic Leonen, also gave their insights on the law, assailed for its alleged unconstitutional provisions.

Read full article @www.interaksyon.com

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[Statement] We urge President Benigno Simeon C. Aquino III to immediately sign the bill into law -FIND

[Today] November 23,2012, as we mark the 27th founding anniversary of FIND, we dedicate the soon-to-be law on enforced disappearance to the desaparecidos; thank the authors of the measure and all those who joined and supported us in pushing for its passage; and urge President Benigno Simeon C. Aquino III to immediately sign the bill into law.

The bill seeks to institute effective mechanisms and processes of accountability. It is intended to help government prevent, suppress, investigate and penalize enforced disappearance and provide victims and their families reparation that includes pecuniary compensation, restitution and psychosocial rehabilitation.

The upcoming Republic Act makes enforced disappearance a special crime distinct from kidnapping and serious illegal detention. The law will allow the filing of an appropriate complaint—enforced disappearance—against public officers who arrest, detain or abduct a person but deny such act or conceal the fate and whereabouts of the victim. The recognition of the latter element (concealment) will facilitate prosecution despite the absence of the body of the victim.
The proposed penal law corrects the imbalance in the prosecution of private and public offenders. It has been extremely difficult to bring to justice perpetrators of enforced disappearance and other human rights violations as the offenders are government authorities who use their position and power to escape accountability. Thus, the proposed law provides for the preventive suspension or summary dismissal of government officials and personnel who, as a result of a preliminary investigation, are found to be perpetrators of enforced disappearance.
Worth noting, too, is the strengthening of sanction on command responsibility by holding a superior officer liable as a principal to the crime of enforced disappearance committed by his subordinates.

Also, persons who are charged with and/or guilty of enforced disappearance shall not benefit from any special amnesty law or similar measures that shall exempt them from penal proceedings and sanctions.

Moreover, the offenders’ criminal liability under the anti-enforced disappearance law shall be independent of their culpability under other distinct laws. Hence, a public officer who is already charged with arbitrary detention may still be accused of enforced disappearance if the detainee under his custody later involuntarily disappears.

Likewise, any investigation, trial or decision in any Philippine court or other agency for any violation of the enforced disappearance law shall be without prejudice to the same processes before an international court or agency under applicable international human rights and humanitarian laws.

These are some of the strong safeguards against enforced disappearance that should convince the President to immediately sign the anti-enforced or involuntary disappearance bill into law to show his administration’s condemnation of enforced disappearance and allied human rights violations and its commitment to end impunity.

PRESS STATEMENT 23 November 2012

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[Blog] Maid abuses and human exploitation: the highest form of dehumanization and barbarism by Jose Mario De Vega

Maid abuses and human exploitation: the highest form of dehumanization and barbarism

by Jose Mario De Vega

I refer to “‘Slaves at home’, really extended family” by Frankie D’Cruz, The Malay Mail, Being Frank, October 31.

D’Cruz has once again highlighted two important social issues that affect the public interest as a whole. October 24th, he wrote “I’ll fight, thump burglar anytime!” said piece deals with the mind-boggling application of the death penalty concerning the case of two Indonesian brothers who were engaged in a self-defense. Instead of absolving the siblings of any criminal liability they are ironically are facing execution. What adds up to the imbroglio, the state, instead of going hard against the true criminals had begun the discussion on decriminalizing the death penalty. Said article generated much discussion amongst our people and expanded in a no small way the public discourse.

Last week, D’Cruz has stroke again on his piece, “Slaves at home”. This time, he brought to our collective attention the horrible and harrowing plight of foreign maids, specifically of those coming from Indonesia.

As an ardent observer of our society and constant reader of our paper, I would like to congratulate the said writer for his no-nonsense approach, hard-hitting beats and truly humanistic acts in reporting these issues of public, human and universal interest.

As D’Cruz has stated:

“THE appalling flyers — “Indonesian maids now on SALE” — fastened on structures in Kuala Lumpur have provoked yet another rift between Malaysia and Indonesia and revealed attitudes of astounding decadence on our part.

“It comes amid a moratorium involving prospective domestic help — whom we should rightly call extended family members — from Indonesia, banned from leaving for Malaysia until their safety can be assured.

“It comes in the wake of recent allegations of maid abuse, hijacking a traditional Indonesian dance, claims of organ harvesting and accusations of police violence.”

I join him in condemning the sheer absurdity of the “Maids for Sale” advertisement by a foreign manpower agent. Such act has clearly shown the moral depravity and indeed the “worrying intensity of heartless that has continually seized our mind-set towards foreign workers”.

I do not believe that it is merely a sales gimmick on the part of the said agent. To say so is to admit one’s disregard of human values and utter disrespect of inherent human worth.
Maids are human beings, like you and me; they also have feelings, they have rights and privileges that is recognized and protected by law. They may be working for us, but they are not our properties or commodities. They have humanity and dignity which money can never ever buy nor acquire. They are not slaves. They are human beings, too!

I overwhelmingly concur with the admonishment of the writer, especially when he asked us to have an internal moral examination of ourselves:

“Look inward. Are we vultures who peck at the meat until they reach the driest of bones?
Further, he continued his direct query and morally quizzed us:

“But maids? In fact, the very word “maids” should be dropped as national policy and replaced with “extended family members”. Maids are old colonial mentality. Maids, some people think, are to be exploited.”

Undeniably, D’Cruz’ contention is beyond dispute. To call those people who work for us domestically as maid is to betray our corrupted colonial mentality, our preposterous sense of being a master, an absentee landlord and our inhumanity.

Indeed, there is no iota of doubt that ““Maids for Sale” ad is shameful, disgraceful and completely without conscience. It betrays a giving Malaysian society that is consumed voraciously by kindness.”

Finally, D’Cruz talked about the worst form of exploitation:

“I can’t resist taking the issue of “slavery” into our throbbing nightlife. As a nocturnal creature, I can steadfastly vouch for the transgressions against the very people (women) who pulsate our club scene.

“What if I told you that foreign bargirls here have to pay their agents a penalty of RM75 for each kilo they gain in weight while working?

“What if I told you the girls have to maintain the exact weight when they were brought in and don’t necessarily get the fine refunded if they shed the fat?
“These agents want to maintain quality among their girls but at the same time force them to drink and eat excessively for their benefit and that of their clients (club owners).
“Does it make sense that these girls drink beer, eat fatty foods all night long and are expected to keep their original lean shape?

“Does it make sense that these girls are dragged into a police or immigration van when their agents or club owners aren’t locked up too?

“Does it make sense that the girls are deported and the very people who brought them here on the pretext of office jobs and the people who hired them to work in nightspots are not charged with human trafficking?

“That to me is pure slavery, pure exploitation of the flesh. But only one party, in this case, the girls, pay for it. Where are the human rights activists in such circumstances in Malaysia?”
I completely concur with the indictment of the writer that such horrifying and undeniably inhumane act is pure slavery. Sad but true, this slavery of the worst kind; not simply of economic exploitation but also sexual degradation and physical abuse.

I reecho the question of the writer, where the hell is the human rights activist in such circumstances in Malaysia? Further, I would like to also ask where are the various NGO and different cause oriented groups that fights for the rights of domestic workers and preventing the numerous cases of human trafficking?

The Amnesty International (AI) stated that “governments must improve working conditions for tens of millions of domestic workers around the world. This is after the adoption of a new treaty setting global standards for domestic work.”

Last June 16th, the International Labor Organization (ILO)’s annual conference overwhelmingly adopted the Convention on Domestic Workers. Said law extended a range of measures to protect labor rights that have been abused or have gone largely ignored in the past.

This is indeed, without a doubt a landmark treaty to further protect domestic workers’ rights.
According to Michael Bochenek, International Director of Law and Policy for Amnesty International:

“Abuses against domestic workers – the vast majority of whom are women and girls – are all too common in many parts of the world, but until now we’ve lacked good measures to stop them…
“All countries should ratify this landmark treaty, which lays a strong foundation for a global legal framework to put an end to such abuses.”

Further, Amnesty International’s “research in many countries has shown that large numbers of domestic workers, particularly those who are migrants, are exploited economically and denied their rights to fair conditions of work, health, education, an adequate standard of living and freedom of movement.

“Lured overseas by the promise of work, migrant domestic workers are often easily exploited, both as racial and ethnic minorities and because they may depend on their employers to maintain their immigration status. Employers commonly withhold passports and use the threat of deportation as a form of coercion.”

Hence, based on reason, humanity and the dictates of international law and treaty stipulations, Malaysia are a member of the international community has a moral responsibility and legal obligation to see to it that the rights and welfare of its foreign workers, especially the most vulnerable among them which is no other than the domestic workers must be recognize, defense and protected.

Lastly, how Malaysia treats its foreign workers will undeniably show what kind of society and country it is. Her acts towards the least of the member of her community will incontestably reveal what kind of soul she has.

Are we a rich nation known as a maid abuser or are we a prosperous country known as a haven and refuge for foreign domestic workers?

To put it in a personal manner, do we treat our maids as our slaves or do we treat and consider them as member of our extended family?

That is the question!

Jose Mario Dolor De Vega
Lecturer IV
College of Arts
Department of Humanities and Philosophy
Polytechnic University of the Philippines
Sta. Mesa, Manila, Philippines

The writer has a Master’s degree in Philosophy, a law degree and a degree in AB Political Science. He was previously teaching Philosophy, Ethics and Anthropology at an institution of higher education in Nilai University College at Nilai, Negeri Sembilan, Malaysia

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[In the news] Palparan’s legal maneuver sign ‘world getting smaller’ for fugitive general – lawyer -InterAksyon.com

Palparan’s legal maneuver sign ‘world getting smaller’ for fugitive general – lawyer
By Lira Dalangin-Fernandez, InterAksyon.com
November 2, 2012

MANILA, Philippines — A private prosecutor in the criminal case against the fugitive Jovito Palparan said on Friday the retired general‘s newest legal maneuver indicated that “his world is getting smaller every day.”

Human rights lawyer Edre Olalia, lead counsel of the families of Karen Empeno and Sherlyn Cadapan urged the Court of Appeals not to heed Palparan’s petition questioning the jurisdiction of the Bulacan regional trial court to try him for the abduction of the two University of the Philippines students.

Empeno and Cadapan have remained missing since they were snatched by alleged military intelligence under Palparan’s command in 2006.

In a statement, Olalia said Palparan’s petition “is an afterthought as he is clutching at the remaining thin straws of legal maneuvers that he could futilely resort to. Probably his world is getting smaller every day so he is desperately trying to preempt and delay the inevitable.”

Read full article @ www.interaksyon.com

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[Press Release] Mining operations in Salcedo, Eastern Samar is “out of control” -PMPI

Mining operations in Salcedo, Eastern Samar is “out of control” 

The government authorities have failed to enforce laws to protect human rights of the mining affected community in the province of Eastern Samar particularly in the town of Salcedo, said Atty. Mario Maderazo, Legal and Advocacy Officer of the Philippine Misereor Partnership Inc. (PMPI).

PMPI, a member of the Task Force Salcedo (Multi-Sectoral Monitoring Committee) stressed this lack of enforcement has led to “pervasive lawlessness” and “environment of fear” in the mining affected community of Salcedo.

The Task Force Salcedo is composed of several representatives of the Church, government agencies, peoples’ organizations and Civil Society Organizations to ensure and maintain cooperation with and coordinated response and action to address and resolve human rights issues in Salcedo, Eastern Samar. It was formed as a result of the dialogue conducted last July 27, 2012.

In its report, the group alleges that many alleged human rights violations in Brgy. Carapdapan and other parts of Salcedo, Eastern Samar since March 2012 are attributed, in large part, to the local communities’ opposition to mining.

In a 16-page report of the Fact Finding Mission (FFM), “Mining Rush in Salcedo, Eastern Samar, Rakes Up Violence and Social Conflicts”, which was released on Friday at a press conference at Archdiocese of Palo in Leyte, the Task Force Salcedo emphasized the perceived propensity of some government authorities to favor mining companies only exacerbated the tension within the community.

The FFM was conducted last July 24-27, 2012 by representatives of eighteen (18) national and regional-based organizations led by the Diocesan Commission on Social Action (DSAC) of the Diocese of Borongan, Eastern Samar.

Ian Mosquisa Director of the Social Action Center (SAC) of Diocese of Borongan said “maintaining peace and order in Brgy. Carapdapan and other parts of Salcedo, Eastern Samar, by the authorities must be firmly grounded in the principles of human rights and rule of law. In this regard, accountability is a key, on the part of the authorities, that all those suspected of committing negligence and violating pertinent laws must be investigated and, where appropriate prosecuted.”

“The government has encouraged lawlessness by failing to enforce the law or even monitor whether mine operators are complying with it,” Mosquisa added.

Human rights violations

Salcedo has been hit by several mining related human rights violations in recent months.

The FFM report said that there are laws and regulations on mining to protect mining affected community from harm and violence, but their enforcement has essentially “collapsed”.

Last May 1, 2012, Mr. Francisco “Mano Ansing” Canayong, known human rights defender working in the campaign against mining in Brgy. Carapdapan, Salcedo and other parts of Eastern Samar, was killed. The authorities had been alerted of death threats against him and other human rights defenders a few weeks before the killing, Fr. Juderick Canlumpiano, DSAC Chairperson said.

The motive of the killing is directly related to Mr. Canayong’s work in the campaign against mining in Brgy. Carapdapan and other parts of Salcedo, Eastern Samar. Thus the findings are contrary to the initial report conducted by the CHR Region VIII in its Investigation Report saying that the killing of Mr. Canayong “could not have been mining-related,” is one of the findings of the FFM.

“Statements from witnesses and complainants, and documentary evidences gathered by the Mission have shown the lack of effective response by authorities to the killing of Mr. Canayong and alleged threats and harassment to human rights defenders of Brgy. Carapdapan, has resulted in the prevailing environment of fear amongst the population in the said mining affected community,” Farah Diva Gamalo of the Task Force Detainees of the Philippines (TFDP)-Visayas stressed.

Three Catholic bishops namely Bishops Crispin Varquez of Borongan, Isabelo Abarquez of Calbayog and Emmanuel Trance of Catarman have voiced outrage over the murder of an anti-mining advocate in the province through a pastoral letter last May 18, 2012.

Based on the records of the Department of Environment and Natural Resources (DENR), Mines and Geosciences Bureau (MGB) Regional Office VIII, there are ongoing extraction of chromite ore by subsistence miners and buying/trading of said ores in Salcedo, Eastern Samar particularly in five barangays namely: Carapdapan, Cantamoja, Camanga, Palanas and Cagaut. The identified buyers/ traders of extracted chromite ores are Yinshu Mining Corporation, Terrestial Mining Corporation and Exotic Treasure Collection Mining Corporation.

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[Press Release] 120 Days of Temporary Victory as Supreme Court Issues TRO on Cyber Crime Law -Dakila

120 Days of Temporary Victory as Supreme Court Issues TRO on Cyber Crime Law

With a unanimous verdict, the Supreme Court has issued a temporary restraining order on the Cybercrime Prevention Act of 2012 on Tuesday, October 9, amidst protests by different organizations, including the Philippine Internet Freedom Alliance.

A total of 15 petitions were filed at the Supreme Court. Some grounds of the petitions include: the law as a violation of the right to privacy, to equal protection, and to free speech.

“Dakila lauds the Supreme Court for their decision. However, the TRO is only one step to the long road that lies ahead towards Internet Freedom. While freedom is not absolute, Dakila believes that the Cybercrime Prevention Act of 2012 in its current form does not answer the needs of netizens and cyberspace. And as a country that takes pride in democracy, we cannot allow to have a law that sends a chilling effect on Filipinos and which may be used as an avenue for misuse and abuse,” Ayeen Karunungan, Dakila council member and PIFA spokesperson, said.

The TRO will last for 120 days and the oral arguments on the case will be held next year, January 15.

“We call for every citizen to remain vigilant and continue the fight for the law to be repealed. We call for our lawmakers to craft a law, together with the citizens, that will truly answer the needs and address the problems encountered in cyberspace. The Internet has helped transform the face of activism, how we protect it is now up to us,” Karunungan added.

Meanwhile, Dakila has been working with other groups including Access, an international group instrumental in the successful campaign against SOPA and PIPA, to research legislations in other countries that worked to prevent cybercrimes but also protects digital freedom.

Dakila is an organization of artists that teaches Digital Activism, a program that empowers advocates to strengthen their work through digital media and is a member of the Philippine Internet Freedom Alliance.

For more info, contact Ayeen at 09175057055.

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[In the news] SC stops cybercrime law, issues TRO -RAPPLER.com

SC stops cybercrime law, issues TRO.

BY PURPLE ROMERO
October 9, 2012

MANILA, Philippines (2nd UPDATE) – The Supreme Court on Tuesday, October 9, stopped the implementation of the controversial cybercrime law, insiders said.

In a unanimous verdict, the High Tribunal issued a temporary restraining order (TRO) on the Cybercrime Prevention Act of 2012, the same insiders added.

The Court also asked the respondent government officials as well as the Solicitor General to respond in 10 days. The respondents include Executive Secretary Paquito Ochoa Jr, Justice Secretary Leila de Lima, Interior and Local Government Secretary Mar Roxas, among others.

The TRO will last 120 days. Thus the oral arguments on the case will be held on Jan 15, 2013.

Read full article @ www.rappler.com

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[Statement] Republic Act No. 10175: legislating “one (1) degree higher” for impunity -PAHRA

Republic Act No. 10175: legislating “one (1) degree higher” for impunity

Our human right to the freedom of information
has not yet been made justiciable,
already a law is readied to curtail
our human right to the freedom of expression.

Republic Act No. 10175 –

AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES –

was drafted, discussed, signed into law with all the good intentions to decisively stop the “perpetuation of licentiousness” ( Petition for Certioriari by members of the Ateneo Human Rights Center or AHRC Petition) and other harmful acts perpetrated within the cyber communities and affecting as well millions of Filipino users of the internet. R.A. No. 10175 was to take into effect last October 3, 2012.

The Philippine Alliance of Human Rights Advocates (PAHRA) “like” / agree with the AHRC Petition arguing that singularly and / or collectively the following provisions in R.A. 10175, as they transgress the …Bill of Rights in Article III of the 1987 Constitution of the Philippines, are

“unconstitutional”:

Chapter II: Punishable Acts

Sec. 4. Cybercrime Offenses. – The following acts constitute the offense of cybercrime punishable under this Act: xxxxxxx

(4) Libel. – The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future.

SEC. 5. Other Offenses. – The following acts shall also constitute an offense:

(a) Aiding or abetting in the Commission of Cybercrime. – Any person who wilfully aids or abets in the commission of any of the offenses enumerated in this Act shall be liable.

(b) Attempt in the Commission of Cybercrime. — Any person who willfully attempts to commit any of the offenses enumerated in this Act shall be held liable.

SEC. 6. All crimes defined and penalized by the Revised Penal Code, as amended, and special laws, if committed by, through and with the use of information and communications technologies shall be covered by the relevant provisions of this Act: Provided, That the penalty to be imposed shall be one (1) degree higher than that provided for by the Revised Penal Code, as amended, and special laws, as the case may be.

SEC. 7. Liability under Other Laws. — A prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code, as amended, or special laws.

SEC. 19. Restricting or Blocking Access to Computer Data. — When a computer data is prima facie found to be in violation of the provisions of this Act, the DOJ shall issue an order to restrict or block access to such computer data

The above provisions are also non-compliant with the International Covenant on Civil and Political Rights (ICCPR) which was ratified by President Corazon Aquino and signed recently by President Benigno S. Aquino III, ironically, days before the 40th anniversary of the imposition of Martial Law which violently suppressed, among other human rights, the freedoms of information and of expression.

Furthermore, in relation to the issue of libel, the U.N. Human Rights Committee states in General Comment No. 34 (2011): “States parties should consider the decriminalization of defamation and, in any case, the application of the criminal law should only be countenanced in the most serious of cases and imprisonment is never an appropriate penalty.”

Even as early as January 24 Senate Session when Senator Vicente Sotto inserted the libel clause, provisions have been made to lodge within the said law that if implemented would be like viruses for impunity. Unwittingly or otherwise, congress has legislated

“one (1) degree higher” for impunity.

One person too many, after exercising one’s freedom of expression, have been a victim of vilification and later became a subject of extra-judicial killing or enforced disappearance or torture. Human rights defenders in exposing also through cyber bulletin boards the anomalies and abuses done by government and / or security forces officials are often harassed and criminalize, as in the case of Cocoy Tulawie. The objectionable provisions, despite protestation to the contrary, can be used to legitimize violations.

If not amended of the objectionable provisions, those directly responsible for the passage of R.A. 10175 will be held also accountable for the human rights violations and criminal acts done in its name.

PAHRA unites with all those petitioners who call on the responsibles of the Executive and Legislative Branches of Government, as well as the Supreme Court, to:

1. Facilitate the issuance of a Temporary Restraining Order to desist in implementing R.A. No. 10175;

2. Schedule a Department of Justice public hearing and input its results in the Oral Arguments before the Supreme Court;

3. Amend or declare null and void Sections 4 (4), 5, 6, 7 and 19 of R.A. No. 10175.
October 8, 2012

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[From the web] Young people urged to defend internet freedom -Akbayan youth

Young people urged to defend internet freedom.

Members of Akbayan Youth today hanged a banner on Welcome Rotonda expressing its opposition to the Cybercrime Prevention Act or Republic Act 10175. Akbayan Youth National Spokesperson JC Tejano today called on the youth to defend internet freedom as a necessary space for a growing democracy.

“With the law now taking effect and the Supreme Court yet to come out with a decision on the petitions questioning its validity, the youth must now take up the cudgels in the defense of internet freedom. The internet is the space where the youth interact, take a stand, and air their criticisms against public officials. However, this space is now getting constricted with the cybercrime law,” Tejano said.

Tejano explained that the law will only be used by politicians to silence their critics.

“We believe that the exercise of freedom of expression, including the right to criticize public figures online, are vital cogs in our democracy. It should not be hampered by the whims of politicians even in cyberspace. We fear that this cybercrime law will serve as the politicians’ fire-wall against public dissent and criticism,” Tejano said.

Read full article @ akbayanyouth.org

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[Press Release] Cybercrime law a product of low quality legislation, sloppiness of P-Noy -PM

Cybercrime law a product of low quality legislation, sloppiness of P-Noy

Even as authors retracting and proposing amendments to Republic Act No. 10175 or the anti-cybercrime law, the militant Partido ng Manggagawa (PM) advised netizens and the general public to expect more low quality legislation and more blunders from Malacanang.

“The cybercrime law was definitely a low quality piece of legislation approved and completed into law by a signature of a sloppy President,” stated Partido ng Manggagawa chair Renato Magtubo.

The labor group believes that while the State has the right to impose regulation to any industry or any activity to promote the common good, to regulate freedom just to flush out cybercriminals however requires a very meticulous mind and a careful balancing act.

“We are also interested in seeing the faces and in penalizing cybercriminals who are victimizing women, children, OFWs and many innocent citizens. But their confinement cannot be made a substitute to the curtailment of our freedom to express ourselves,” stressed Magtubo.

Magtubo, who is a former partylist representative, said the labor sector never expects a major change in this level of legislation with certificates of candidacies for the 2013 national and local elections filled up with the same names and parochial interests dominating the country’s elective positions.

The former lawmaker recalled the same blunder attending the passage of the infamous Electric Power Industry Reform Act or EPIRA, which Gloria Arroyo, upon signing, admitted that the law contained many flaws and loopholes.

“Now, we’re suffering the harsh consequence of EPIRA by having the most expensive power rates in the world. Yet Congress is not moving to repeal this law,” added Magtubo.

And as convenor of the biggest labor coalition NAGKAISA!, Magtubo also complained that while the cybercrime law was enacted in speed, the labor-backed legislation such as the Security of Tenure Bill (SOT), the Freedom of Information (FOI) and the Reproductive Health Bill (RH) gather dust in the legislative mill.

Partido ng Manggagawa
PRESS RELEASE
04 October 2012
Contact: Renato Magtubo @ 09178532905

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[From the web] Cybercrime law: Demonizing technology

Cybercrime law: Demonizing technology.

BY SEN. TEOFISTO ‘TG’ GUINGONA III
September 26, 2012

I own a Facebook page where people are welcome to make comments, positive or negative. I also own a public Twitter account where my views are published for everyone to see.

If any of my own thoughts or the thoughts expressed by people on these accounts that I own happens to offend someone, I can now be charged for libel under the newly enacted Cybercrime Prevention Act of 2012. Suddenly, I can be punished for expressing critical thought online or allowing my Facebook friends to do the same on my own page.

With this law, even Mark Zuckerberg, the owner of Facebook, can be charged with cyber-libel!

A Cybercrime Prevention Act is necessary, but must not be oppressive.

Republic Act 10175 is oppressive and dangerous. It demonizes the computer user and extends its tentacles to a computer user’s freedom of expression and speech. In an age when decriminalization of libel is the trend, this law makes a fatal step back, toward the vault of archaic policies that cannot be made to apply to the modern man operating in a modern world.

Let me just point out the fact that we need a Cybercrime Prevention Act. Except for certain problematic provisions, this law is necessary. That’s why it is unfortunate that the overly vague and oppressive provision on libel was inserted into the law at the last minute.

Read full article @ www.rappler.com

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[Press Release] Labor group urges government to amend laws on OHS, contractualization -CTUHR

Labor group urges government to amend laws on OHS, contractualization

Following the death of four septic tank workers in Ali Mall Quezon City last Thursday, August 30, the Center for Trade Union and Human Rights (CTUHR) urged the government to amend laws concerning occupational health and safety (OHS) standards and labor contractualization.

Daisy Arago, executive director of CTUHR said, “Apart from a thorough investigation of the case, this incident calls for a review and amendment of our laws concerning OHS standards and labor contractualization.”

According to Arago, although Rule 11-20 of the Department of Labor and Employment’s (DOLE) OHS Standards stipulates the employers should provide PPE’s or personal protective equipment to workers in hazardous workplaces, the law is mum on the employers’ accountability to the law and the victims when accidents occur.

“Rule 11-20 only identifies what are considered hazardous workplaces and states that employers should provide PPEs to their workers involved in these areas…but what must be done to those employers that are found guilty of not complying with the OHS standards?” Arago stressed.

“Especially in cases where work-related accidents lead to death, it is not enough that employers are only made to burden funeral expenses or give the families of victims some thousands of pesos as consolation for their loved ones’ death. Ultimately, employers must face administrative, civil and even criminal liability to bring full justice to the victims,” Arago said.

Arago further explained that clear sanctions will give teeth to the law and could somehow deter future accidents due to negligence and non-compliance to OHS standards by companies.

On August 30, around 3:30 am, Marvin Aleman and Romy, Rodel, and Romel Suarez drowned while they were finishing their work in a septic tank in Ali Mall. Investigation of the local government of Quezon City points to RCBC plumbing services, the job contractor, as solely responsible for the death of the workers.

Meanwhile, CTUHR also showed concern why it is only the contractor, RCBC plumbing, which was found responsible for the accident. “It shouldn’t only be the contractor; the principal, Alimall, should also be made to answer [to the victims]. Why did they sign a contract with RCBC plumbing services when it does not comply with OHS standards?” Arago asked.

Arago also criticized contractualization, as a way of capitalists to evade responsibility to workers in cases of accidents and called for the repeal of the law on contractualization, “This case is just among the many reasons why the law on labor contractualization must be repealed. The changes made by DOLE Department Order 18-A are not enough to protect the workers’ welfare. The fact the labor contracting is still allowed, principals can always get away from liability in cases like these by pointing fingers at their contractors. In the end it is the workers who suffer the most.”

PRESS RELEASE
03 September 2012
For Reference: Daisy Arago, CTUHR Executie Director, (+632) 411.0256

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