This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. V, No. 35, October 9-15, 2005
HUMAN RIGHTS WATCH
Police Violating BP 880 – Labor Lawyer
The anti-riot police who
dispersed rallies on Oct. 4, 5, and 6 are violating Batas Pambansa Blg. 880, the
law governing the conduct of rallies, a labor and human rights lawyer said.
BY ALEXANDER MARTIN REMOLLINO
The anti-riot police who
dispersed rallies on Oct. 4, 5, and 6 are violating Batas Pambansa Blg. 880, the
law governing the conduct of rallies, a labor and human rights lawyer said. Remigio Saladero Jr. of the
Pro-Labor Legal Assistance Center (PROLABOR) made this observation in the light
of the violence that ensued in the dispersals of rallies held by different
groups in Manila on Oct. 4, 5, and 6. The Philippine National Police (PNP)'s
Western Police District (WPD) had explained the violent dispersals of protest
actions conducted on the said dates on the basis of the calibrated preemptive
response policy, which according to police spokespersons entails a strict
implementation of BP 880. The law was actually signed
by the late dictator Ferdinand Marcos during martial law. It says that a rally
should ask for a permit from local officials. In the absence of any action in
two days, the rally is deemed allowed. President Gloria Macapagal-Arroyo
enforced Sept. 22 the calibrated preemptive response policy, which entails a
strict implementation of the no-permit-no-rally policy. The policy was enforced
amid an escalation of rallies calling for her removal from office. Arroyo has
long been facing calls for her exit from Malacañang because of government's
imposition of what cause-oriented groups describe as "anti-national and
anti-people" policies. Opposition to her administration intensified earlier this
year over renewed allegations that she cheated her way to victory in the 2004
elections. Since the enforcement of
the calibrated preemptive response policy, protest actions have been marred by
violence arising from dispersals by anti-riot police. The dispersals of rallies
held Oct. 4, 5 and 6 by various groups in Manila were by far the most violent. "We are only implementing
BP 880," Supt. Danilo Abarsoza told reporters Oct 4 when asked why the protest
action that day spearheaded by the Movement of Concerned Citizens for Civil
Liberties (MCCCL) was forcibly dispersed.
Dispersals The Oct. 4 "Walk for
Democracy" spearheaded by the MCCCL aimed to defy the calibrated preemptive
response policy. The protesters had intended to lay flowers by the statue of the
late journalist and civil libertarian Joaquin "Chino" Roces along Mendiola
Street, which leads to the Malacañang Palace. The demonstrators, who had
assembled in front of the United Church of Manila at the corner of C.M. Recto
Avenue and Lepanto Street, were blocked by police before they could even get
past the San Sebastian College, which stands beside the assembly point.
Anti-riot police then started hitting the protesters, whose frontliners fought
back. During the commotion, a
group of protesters managed to slip through and run to Mendiola. The anti-riot
police followed minutes later, allowing the group left at Recto to follow their
fellow demonstrators to Mendiola. The 150-strong rallyists,
who included MCCCL convenors Renato Constantino Jr. and Amado Gat. Inciong, were
able to start a program at Mendiola. Just as Fr. Joe Dizon of
Kairos Philippines was reading the MCCCL unity statement, a "One step forward"
command was heard from the ranks of the anti-riot police, who had massed up less
than a foot away from the rally's frontline. They started pushing people and
seizing streamers, driving protesters to fight back. The anti-riot police then
began to beat protesters with truncheons, seizing and dragging several of them. Scores of protesters were
hurt in the dispersal, among them Bayan Muna (People First) Rep. Satur Ocampo
whose shirt was torn from behind. Police were able to seize him, as well as
Constantino and Aglipayan priest Dionito Cabillas of the Inter-Faith Movement
for Truth, Justice and Genuine Change (IFM), but they all fought back and were
able to break free. Arrested were Eduardo Berba,
a member of Anakpawis (toiling masses) Party-List; Max Santiago, a member of the
artists' group Ugatlahi; Carla Padilla, a staff member of the human rights group
Karapatan (Alliance for the Advancement of People's Rights); Joanne Salvador of
GABRIELA Youth; Fr. Tony Bayod of the Sacred Heart Missionaries; Paolo Alfonso,
University of the Philippines (UP) student council official; Dr. Giovanni Tapang,
chairperson of the scientists' group Agham (Association of Science and
Technology Advocates for the People); Emmi de Jesus, GABRIELA secretary-general;
and Cristina Palabay, Gabriela Women's Party (GWP) secretary-general. They were
released after negotiations that lasted for hours. Santiago was the worst
victim of the Oct. 4 dispersal. He appeared before media at the Ospital ng
Maynila (Manila Hospital) with bruises on his face and a cut on his right cheek
– which were absent before he was hauled into a police car. The next day, a rally held
by groups belonging to the Laban ng Masa (The Masses' Fight) was also forcibly
dispersed. Two of the group's leaders, Wilson Fortaleza and Rasti Delizo, as
well as 12 others were dragged by police and taken to the PNP's Camp Bagong Diwa
in Taguig, Metro Manila. As of Oct. 7 they were still in detention. On Oct. 7, about 700
rallyists from groups belonging to the Bagong Alyansang Makabayan (Bayan or new
patriotic alliance) and the MCCCL were blocked by police in front of the
University of Santo Tomas (UST) along España Street, where they had assembled.
The frontliners – who included three lawyers from the Integrated Bar of the
Philippines (IBP) – negotiated with the police in an attempt to convince them to
allow the protesters to get to Mendiola. During the negotiation, a
number of activists slipped past police lines and the protesters were able to
run to the corner of España and Nicanor Reyes Streets, where another group of
anti-riot police were blocking the way. A brief scuffle ensued before they were
allowed to proceed to front of the Far Eastern University (FEU) along Nicanor
Reyes Street, where they held a program for the rest of the afternoon. Meanwhile, as most of the
demonstrators were assembled at the corner of España and Nicanor Reyes Streets,
a smaller group – belonging to the National Capital Region (NCR) chapter of
Bayan – had assembled at nearby Lepanto Street, where they were told to disperse
within five minutes. In an interview with
Bulatlat, Bayan-NCR secretary-general Froyel Yaneza said that just as their
group was peacefully dispersing, the anti-riot police behind started seizing the
leaders, himself included. A fight ensued and he together with two others
identified as Fajimah Tajar and John Golod – were arrested. Yaneza further said that
when the police got hold of him, he was repeatedly beaten, and as a result he
suffered a forehead wound that required three stitches. He lost his shirt and
his glasses in the commotion, he said. He was dragged into a police car, where
he said a policeman punched him in the stomach. Tajar, meanwhile, said the
policemen who seized her even tried to strip her, and only pleas from her
prevented this. "The three were injured
because they fought the police," said Supt. Arturo Paglinawan, commanding
officer of the Western Police District's (WPD) General Assignment Division, in
an interview with Bulatlat. He also said they intended to charge the three with
assault upon an agent of a person in authority. The three were released
after a few hours of negotiation. Violating
BP 880 "In the first place, the
police have no business being where the rally is," said Saladero, who negotiated
for the Bayan-NCR activists arrested on Oct. 6, in a brief interview with
Bulatlat. "Law enforcement agencies
shall not interfere with the holding of a public assembly," states Section 9 of
BP 880. "However, to adequately ensure public safety, a law enforcement
contingent under the command of a responsible police officer may be detailed and
stationed in a place at least one hundred (100) meters away from the area of
activity ready to maintain peace and order at all times." Asked what should be done
to stop the spate of violent dispersals of rallies, Paglinawan said: "They
should stop rallying without permit." According to Bayan
secretary-general Renato Reyes Jr., they had applied for a permit for the Oct. 6
rally more than two days before the date of the action. Under Batas Pambansa Blg.
880, an application for a permit to rally is considered approved if not acted
upon within two days after it is filed. "They are violating their
own law," Saladero said. Meanwhile, the dispersals
of the rallies on Oct. 4 and 5 were met with indignant reactions from various
sectors, from human rights and church groups to the IBP. It was precisely in
protest of the Oct. 4 and 5 dispersals that the IBP sent its own contingent to
join the Oct. 6 rally. With a report by Dabet Castañeda/Bulatlat © 2005 Bulatlat
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