By Aaron Ernest Cruz
Bulatlat.com

MANILA – On October 10, Tiffany Faith Brillante, 21, received a call from her mother telling her that members of the Philippine National Police and Crime Investigation and Detection Group (PNP-CIDG) came to their old house in Caloocan looking for her. This was after thousands of students and teachers from the Polytechnic University of the Philippines (PUP) system held a massive walk out against budget cut. 

“I was just resting here in PUP when my mother called me telling me that the police are looking for me and that they have my picture joining the rally (on Sept. 21),” Brillante said in an interview with Bulatlat. 

Brillante, a student-leader of the PUP-Sentral  ng Konseho ng Mag-aaral (PUP-SKM) is one of the four student leaders who received a subpoena from the PNP. Others include campus journalist Jacob Baluyot, University of the Philippines university student council chairperson Joaquin “Waks” Buenaflor and Aldrin Kitsune, spokesperson of the group Kabataan Kontra Korapsyon. 

In a statement posted on social media, National Union of Peoples’ Lawyer (NUPL) President Ephraim Cortez said that while Republic Act No. 10973 grants officials power to summon individuals, it should not override the individual of their rights under custodial investigation such as the right to remain silent, right against self-incrimination and right to counsel, among others. The RA10973 which was signed into law by former president Rodrigo Duterte in 2018 gives subpoena powers to the PNP chief and the deputy director for administration of CIDG.  

Subpoena as intimidation

Brillante believes that the issuance of subpoena against them is an attempt to silence the youth who speak up against the worsening case of corruption. 

“While this is what happened to us as student-leaders, no corrupt officials have been held accountable since the investigation on flood-control projects occurred,” she lamented. “Until now, the investigation is being impeded and delayed by our government agencies involved in ghost flood control projects, involved in various forms of corruption.” 

Brillante also pointed out that even the content of the subpoena is incorrect because the ‘Trillion Peso March’ conducted at EDSA while ‘Baha sa Luneta’ mobilization happened from Luneta Park to Mendiola. “Wherever young-student leaders like us participate, whether in Luneta, Mendiola, or EDSA [mobilization] it’s clear to us that there shouldn’t be any youth to experience this kind of intimidation and threats from our government.”

Brillante said her years as a student journalist in her elementary and high school years made her aware of social issues in the Philippines. In 2020, she joined progressive group Anakbayan. 

Even though her parents are worried due to the danger of activism here in the Philippines, Brillante said is still working on sitting with them and explaining the importance of what she does. 

“My parents were angry, but not at me. They’re angry at the police who instill fear on us through surveillance. They’re angry at Marcos Jr.’s government because this is what they do to student-leaders like me,” Brillante shared on her parent’s reaction during the police brutality that happened in Mendiola. 

“But, now more than ever, they also understand that their worry is nothing compared to the violence our government is inflicting on the youth in our country,” Brillante also added.

PUP campus journalist Jacob Baluyot meanwhile asserted that even if he received the subpoena through his relatives last October 11, this does not stop him from carrying out his duty to voice out against the decreased budget on education sector and to condemn state attacks against youth and press freedom.

“We proved that as a youth who demand to end corruption, we don’t succumb to fear and we didn’t do anything wrong in exercising our rights to organize and peaceful assembly,” Baluyot told Bulatlat.

For UP student leader Buenaflor, “All of this proves that the PNP is very quick to act when it comes to harassing the youth, but when it comes to the corrupt politicians [who stole billions of pesos] in our country, the PNP seems to turn a blind eye and remain silent.” 

Youth fight back despite intimidation

On October 27, the youth leaders formally submitted their response to the CIDG-PNP. They were assisted by the Public Interest Law Center and the National Union of Peoples’ Lawyers. 

In a statement, Kitsune said, “I joined as a film student and Filipino citizen, peacefully exercising my constitutional rights to free expression and assembly.”

He asserted that the subpoena against him “already constitutes a custodial investigation as contemplated under Article III, Section 12 of the 1987 Philippine Constitution.” 

“By being subpoenaed by your office, I am already effectively being treated as a suspect, not merely as a witness,” Kitsune said. “Let this be clear: Fighting corruption and speaking truth to power are not crimes. They are the duties of every Filipino who still believes in justice and accountability.  When the state uses its power to silence students, activists, and ordinary citizens who demand transparency, that is not law and order, that is oppression.” 

Kabataan Partylist stood by the student leaders. They slammed the PNP for being quick to arrest the youth while they are slow to arrest politicians involved in corruption – that being youth is not an excuse to arrest someone.

“Anong krimen? Tungkulin namin na maglingkod at lumaban para sa tunay na pagbabago sa ating bayan, di lang bulag na sumunod sa pinamana niyong korap na sistema. Being in position is not a license to abuse and steal public funds. Period,” said Assistant House Minority Leader and Kabataan Representative Renee Co said in a statement.

Meanwhile, lawyers groups also urged the CIDG to to immediately cease all acts of harassment and intimidation targeting the youth and other citizens. 
“We urge school administrations, the legal community, and the general public to remain vigilant and to stand in solidarity with those who are being targeted for simply exercising their fundamental freedoms. The protection of these rights is essential to safeguarding democracy and ensuring that all voices—especially those of the youth—can be heard without fear or reprisal,” lawyers said in a statement. (With reports from Anne Marxze Umil, Shannia Cabuello and Dulce Amor Rodriguez) (AMU, RVO)