As the Court of Appeals (CA) denied the petition for writ of habeas corpus for the Gumanoy siblings held by the Philippine Army, human rights groupS and children’s rights advocates decried the use of psywar tactics against the two. They said that threat and exploitation of poverty belied military’s claims of ‘voluntary custody.’
BY RONALYN V. OLEA
HUMAN RIGHTS WATCH
Bulatlat
Volume VIII, No. 24, July 20-26, 2008
The Court of Appeals (CA) denied the petition for writ of habeas corpus, July 16, filed by Maria Gumanoy for the release of her daughters Fatima, 17 and Rose Ann, 21 held by the Philippine Army.
The two have been staying at the Fort Bonifacio General Hospital since July 3.
Justices Sesinando Villon, Jose Catral Mendoza and Andres Reyes decided in favor of military custody for the two siblings.
For the meantime
At the hearing, Fatima was asked by the justices where she wants to go; she replied, “Sa ate ko muna” (I will stay with my older sister for the meantime.)
Fr. Dionito Cabillas of the Services Department of human rights group Karapatan (Alliance for the Advancement of People’s Rights) pointed out the word “muna” (for the meantime). “Ibig sabihin, gusto niya pa ring sumama sa nanay niya” (It means that she still wants to be with her mother eventually), he said.
Vices of consent
Atty. Ephraim Cortez, counsel for Maria and a member of the National Union of People’s Lawyers (NUPL) said that based on the testimony of Fatima, there could have been vices of consent.
Cortez explained, “Kung pagbabasehan ang kwento niya [Fatima], kung nakatira siya sa apat na sulok na kwarto, kasama ang dalawang sundalo, obviously may effect na sa state of mind niya, kung paano siya magdedecide kung saan siya pupunta. Pagkagising sa umaga nandoon sila, bago matulog nandoon sila… Although ospital iyon, para silang prisoners dahil may gwardiya sila, military facility pa rin iyon” (Based on Fatima’s story, if she’s staying in a room with two soldiers, obviously, there is an effect to her state of mind, as to how she will decide where to go. Although it is a hospital, they can be considered as prisoners because they are closely guarded; still, it is a military facility), Cortez said.
Cortez said that women soldiers who identified themselves only as Weng and as Arcel have never left the two siblings. He noted that these women soldiers were also the ones who guarded Rose Ann when she was confined at the V. Luna Hospital in Quezon City.
Rose Ann was charged with rebellion when she was wounded in crossfire between the Armed Forces of the Philippines (AFP) and the New People’s Army (NPA). She has been released on bail last May 29.
He added, “In the light of those facts, we can say there are vices of consent. This means that it is highly possible that Fatima decided based on what these women soldiers were telling her.”
Cortez related that he moved to defer the examination of Fatima until the latter’s psychological state has been determined. He said it is important to know is the child is suffering from Stockholm syndrome or if a brainwashing occurred.
Wikipedia defines Stockholm Syndrome as a psychological response sometimes seen in an abducted hostage, in which the hostage shows signs of loyalty to the hostage-taker, regardless of the danger (or at least risk) in which the hostage has been placed.
Before giving weight to Fatima’s testimony, Cortez said that the court could have asked an expert to determine first if there are vices of consent. “Unfortunately, the court decided it is no longer needed,” he said.
Cabillas believed that the two have been put under pressure. He related that when they visited Fatima and Rose Ann a day before the hearing, Ruby Dumpit from the Department of Social Work and Development (DSWD) told Maria, “Okey naman pala ang buhay ng dalawa, bakit ‘di mo na lang pabayaan na doon na lang sila” (The two seemed okay. Why don’t you just leave them there?)
Cortez criticized Dumpit’s comment, saying, “Something is wrong with their interpretation of what is normal for the children.”
Cabillas said that the DSWD reinforced the pressure on Fatima and Rose Ann. He said that Col. Agapito Nagrampa of Civil Military Operations (CMO) unit of the Philippine Army was saying the same line.
Marie Hilao Enriquez, Karapatan secretary general, suspected that the meeting at the Fort Bonifacio clubhouse a day before the hearing aimed to prepare Fatima and Rose Ann for the CA’s hearing. She noted that Fatima, before answering any question from the justices, would look at the government officials present at the Fort Bonifacio meeting. Aside from Dumpit and Nagrampa, Assistant Solicitor General Amparo Cabotaje-Tang and the director of the Fort Bonifacio General Hospital and were also there, she said.
Military’s choice
Enriquez said that the Gumanoy siblings have been denied access to a lawyer and a doctor of their choice.
Enriquez said that the military provided a lawyer named Randy Vega for Fatima and Rose Ann. Referring to the lawyer, Enriquez said, “Wala namang ka-ethics-ethics ito, Atenista pa raw kuno siya. He did not even seek out the nanay,” (He has no ethics at all. He even said he graduated from Ateneo. He did not even seek out the mother.)
Enriquez retorted, “Choice lahat ng military ‘yan. ‘Tapos sasabihin nila, desisyon ng mga bata. Sino ba nag-decide kumuha ng abogado?” (It’s the military’s choice, not theirs. Then they will claim that it is the decision of the children. Who decided to get that lawyer in the first place?)
Torn
Eileck Mañano, a licensed social worker and a volunteer for the Children’s Rehabilitation Center (CRC), said that Fatima could have been torn between her mother and her sister.
Cabillas said,“Takot siyang iwanan ang ate niya. Kahit kahapon pa, sabi naming sumama na siya sa nanay niya, ang sabi niya, ‘Eh paano si ate?’ Inaalala niya ang ate niya. Maunawaan naman natin ang kanyang katayuan” (She is afraid to leave her older sister. Yesterday, when we told her to come with her mother, she said, ‘How about my sister?’ She is deeply concerned with her sister. We understand where she is coming from.)
Cabillas said that the military uses the rebellion case of Rose Ann against the two. “Iyon ang ipinapangako kay Rose Ann, di siya makukulong” (That is what they promised Rose Ann, that she will not get into prison), he said.
Enriquez said that Rose Ann asked her, “Hanggang kailan n’yo masisiguro ang kalayaan ko?” (Until when can you guarantee my freedom?)
Cortez deemed, however, that the military would not immediately drop the case against Rose Ann.
Mañano, who met Fatima years ago when the Gumanoy children were still internal refugees, related that Fatima used to be a happy child, always smiling and always telling stories.
She shared her observations on Fatima during the hearing, “Malungkot siya, walang sigla ang mga mata. Hindi siya kumportable sa sitwasyon” (She is sad, there is no glow in her eyes. She was not comfortable with the situation.)
