SC declares CPR unconstitutional
Protesters File Charges
vs. PNP
Protesters filed
criminal charges against high-ranking officers and elements of the
Philippine National Police (PNP). This follows the Supreme Court decision
declaring the calibrated preemptive response (CPR) policy as
unconstitutional.
BY EMILY VITAL
Bulatlat
|
Protesters filed criminal charges against
high-ranking officers and elements of the Philippine National Police
(PNP). This follows the Supreme Court decision declaring the calibrated
preemptive response (CPR) policy as unconstitutional.
President Gloria Macapagal-Arroyo imposed
the CPR in September last year in the wake of street demonstrations
calling for her resignation or ouster. The PNP used the CPR as basis for
violently dispersing rallies causing injury to scores of demonstrators.
Police forcibly carry a protester
during the dispersal of a rally near
Malacañang Palace, Oct. 4, 2005
|
BULATLAT FILE PHOTO |
Unconstitutional
The 13-0 verdict against the controversial
presidential directive was released April 25, less than a week after the
high tribunal decided against Executive Order No. 464.
The SC decision states, “…the use of the
term (CPR) should now be discontinued, since it does not mean anything
other than the maximum tolerance policy set forth in B.P. No. 880.”
The SC defined “maximum tolerance” as the
highest degree of restraint that the military, police and other
peace-keeping authorities shall observe during a public assembly or in the
dispersal of the same.
Abuses
The charges filed against the PNP were in
violation of the Batas Pambansa Blg. 880, Republic Act No. 7438, and the
Revised Penal Code.
RA 7438 refers to the Miranda Doctrine or
rights of those arrested to be informed of their rights, to remain silent,
and to have a counsel of their choice. Also cited were provisions in the
Revised Penal Code against unlawful arrest (Art. 269), arbitrary detention
(Art. 124), maltreatment of detention prisoner (Art. 235), grave threats
(Art. 282), acts of lasciviousness (Art. 336), and physical injuries
(Arts. 265-266).
Five cases were included in the
charges. The incidents cited happened on Oct. 4 and Oct. 6 last year and
April 6 this year.
Included in the respondents are PNP chief
Gen. Arturo Lomibao, National Capital Region Police Office (NCRPO) chief
Gen. Vidal Querol and Western Police District (WPD) chief Gen. Pedro
Bulaong.
Alfonso Cinco IV, counsel for the
complainants, said that Generals Lomibao, Querol and Bulaong are charged
for ordering the dispersals of the rallies. Cinco said that the violations
were committed by the PNP with their knowledge, consent and approval. Cinco
cited as abuses the non-wearing of nameplates and the carrying of firearms
within 100 meters of the rally.
Victims
“The police exercised no restraint at all.
They used the CPR as a license to intensify their abuses against the
protesters,” said Paolo Oliveros, one of the complainants and member of
the public information department of the Bagong Alyansang Makabayan (Bayan
or New Patriotic Alliance).
Video footages showed Oliveros being
dragged by four policemen during the Oct. 4 rally at the Don Chino Roces
Bridge (formerly Mendiola Bridge) in Manila, a few meters from the
presidential palace.
Another complainant, Fajima Tajar, said,
“Those accountable must pay for what they did. It torments me that I could
not even identify those who attacked me because they did not have their
nameplates.”
Tajar, a member of Karapatan-National
Capital Region, was slapped on the face by a policeman. Another policeman
touched sensitive parts of her body when she was arrested in the Oct. 4
rally. Video clips showed this incident in detail.
No remorse
In an interview over DZMM last
week, PNP spokesperson S/Supt. Samuel Pagdilao Jr. said they will not
release a public apology to the protesters.
In another news report, Justice Secretary
Raul Gonzales was quoted as warning protesters against testing the
government’s resolve to quell unruly crowds during the Labor Day protests.
Gonzalez said Arroyo can revive
Presidential Proclamation No. 1017 or the declaration of a state of
national emergency if rallies become as “unruly” as the Labor Day protests
in 2003.
May 1
Meanwhile, Renato Reyes Jr., Bayan
secretary-general said: “The scrapping of the CPR is timely as the May 1
protest approaches. The PNP and even the Armed Forces of the Philippines (AFP)
will have no reason to disperse our peaceful actions. We are on a high
moral and legal ground to assert our right to free assembly.”
Reyes said the Labor Day protest will
serve as a litmus test to the junking of the CPR.
The Kilusang Mayo Uno (KMU or May 1st
Movement) and Bayan will lead the protest at the Liwasang Bonifacio on May
1.
“What we have is a fake president
implementing unconstitutional policies,” Reyes added. Bulatlat
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