Invitation to “A Brief on the Maria Ressa Cyber Libel Case”

June 16, 2020

 To: Their Excellencies, the Bishops,
      The Clergy and the Religious
      All Diocesan Councils and National Lay Organizations,

Dear Brothers and Sisters in Christ,

 In the light of the recent conviction of Rappler CEO Maria Ressa, the Sangguniang Laiko ng Pilipinas would like to invite you to a brief by Atty. Theodore Te, (former SC Spokesperson) Legal Counsel of Ms. Ressa, on June 19, 2020, Friday, 3 PM via Zoom.

 In as much as this legal battle affects many major rights of citizens and institutions, we need to have a clearer understanding of its background, case development and most importantly, its constitutional implications on the Filipino people and our democracy.

 “Be sure to put your feet in the right place, then stand firm!”
(Abraham Lincoln)

 We wish for our people to continue making a stand for justice, righteousness and freedom, but on the foundation and primacy of truth.

Should you be interested, please email back to the CBCP-Laiko (laiko_phils@yahoo.com.ph attn: Joseph Jesalva) so we can send you the link.

For the Council of the Laity of the Philippines,

Noted by: 

  + MOST REV. BRODERICK S. PABILLO, SDB, D.D.
 Chairman  CBCP-Episcopal Commission on the Laity 

PMPI Press Release on Rappler CEO Maria Ressa’s Conviction

16 June 2020

Quezon City, Philippines — One month after network giant ABS-CBN got shut down by a cease and desist order from the National Telecommunication Commission, Rappler CEO and Executive Editor Maria Ressa was convicted over cyber libel charges, Monday, June 15. The Manila Regional Trial Court Branch 46 sentenced Ressa to a minimum of six months and one day to a maximum of six years in jail.

 The social development network, Philippine Misereor Partnership Inc (PMPI) expressed “dismay and outrage over these turns of events. In a statement it said that the right of people to access information is violated by these actions and is a de-facto government crackdown on media perceived to be hostile to it. The need to provide a balance information, not only government propaganda is healthy for society’s democracy. Democracy is founded on the capability of its citizens to critical information.

 PMPI National Coordinator, Yoly R. Esguerra further said that “The indictment of Maria Ressa and the continuing cases filed against her, are not only about Maria, or Rappler, or even just an issue of press freedom. It is the asphyxiation of our democracy, an indication of a sick and manipulated justice system, of legislative lapdogs, of a control-freak and vindictive executive branch.”

 She adds “that information should be considered as an “oxygen of democracy”. The ability of citizens to participate effectively in the social and political life of the nation depends, in obvious ways, on the breath of information it receives.”

 Echoing statements of many rights group, it says that this is another nail in the coffin for our already strangled democratic rights and a clearly an intimidation to all dissenters of the Duterte administration. It further said that the indictment is an attack to press freedom, especially since President Rodrigo Duterte has been very vocal against the online news outlet, he even banned Rappler from Malacañang because of its supposed ‘twisted’ reporting in 2018.

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A Statement of Strong Dissent

The Missionary Benedictine Sisters of the Manila Priory and the Academic community of St. Scholastica’s College Manila express their strong dissent to the Anti-Terrorism Bill already submitted by Congress to Malacañang.  

It seems to us the present Human Security Act (Republic Act. No. 9372, “An Act to Secure the State and Protect our People from Terrorism”) is sufficient if the targets are the real terrorists deemed so by common understanding.

The Anti-Terrorism enrolled bill submitted by Congress is objectionable to us because of the following reasons:

  1.         Now a person can be detained for 24 days without a judicial warrant of arrest (Sec. 29) in violation of our Constitution.
  2.          It has expanded the meaning of terrorism that now could include any form of advocacy, protest and dissent, among others, if the authorities will interpret their intent as to “cause death or serious physical harm to a person, to endanger a person’s life, or to create a serious risk to public safety” (Sec. 4).
  3.          It has the same punishment of life imprisonment for intent and commission of the act regardless of the stage of execution (Secs. 4 and 6).
  4.          The burden of proof of innocence is on the one accused. This goes against the basic principle that one is innocent until one is proven guilty. In this case one is guilty until one proves himself/herself innocent.

It is clear to us that the Anti-Terrorism Bill is not targeting the real terrorists but dissenters, political opposition, critics, activists, etc. Democracy essentially includes dissent and critique. To make this unlawful is to kill democracy.

This Bill, if enacted into law, will not put an end to real terrorism. In fact, terrorism defined as causing fear and panic, will in fact be the one that will sow fear and widespread panic and therefore will give rise to another kind of terrorism: STATE TERRORISM.

We call upon those who wish to preserve what ever democracy we still have in the Philippines to express their dissent against the passage of this bill into law and support the June 12 protests.

Signed:

Sr. Adelaida Ygrubay, O.S.B.                    Sr. M. Christine Pinto, O.S.B
           Prioress                                                         President  

CBCP-BEC Statement on the Anti-Terrorism Bill

We, the members of the Catholic Bishops’ Conference of the Philippines – Committee on Basic Ecclesial Communities (CBCP-BEC), serve as an ecclesial body that coordinates the BECs or neighbourhood-based faith communities in the Parishes all over the country. Majority of our members are poor and marginalized living among and with the indigenous peoples, believers of other faiths, and even members of other churches. In solidarity, we endeavour to promote and build up God’s Kingdom of justice and love, peace and total human development in today’s society.

After reflecting on the nature, scope and intent of the Anti-Terrorism Bill, and studying its ramifications in the light of BECs’ life context, we express our disagreement towards this Bill. To begin with, it is a deflection or deviation from the life-issues of our people.

  1. Deflection from the impact of the COVID-19 pandemic. Our grassroots communities are the ones most affected by the pandemic. Fear is present everywhere. Fear that the spread of the virus might escalate. Fear on the uncertainties that the “new normal” holds for them. The trauma inflicted by the pandemic on the poor and the marginalized is immense and they do not need another law to add to that nor repress their dissatisfaction of what they are going through.
  2. Deflection from the priority of economic survival. Our grassroots communities are the most vulnerable to the worsening poverty of the country. They are the ones directly hit by the “No work, No pay” policies. Many of them lost their jobs, or if not, finding it difficult to return to their previous employment due to lack of transportation, company’s reduction of workers or work hours. Fresh graduates are uncertain of employment. Joblessness is shackling every home and community. Government efforts must focus on prioritizing the economic recovery of its people and not on this Anti-Terrorism Bill which is not an answer to the country’s economic malaise.
  3. Deflection from the continuing struggle of the Indigenous Peoples and pressing ecological concerns. Indigenous Peoples and those helping them are most vulnerable to red-tagging. What the IP’s need are laws that will truly respond to their unduly neglected socio-cultural concerns like land problems, human rights violations, etc., that continue to cause them social unrest and poverty, and not laws that will further degrade them nor opportunities to use and abuse them. Furthermore, we are in the climate emergency situation which highly exposes everyone, especially the poor, to tragic and fearful calamities. There is an intimate connection between the emergence of the COVID-19 and the worsening of unhealthy ecosystem. Hence, the government must seriously address these ecological concerns as one of the post-pandemic measures to avoid another pandemic, rather than the Anti-Terrorism Bill.
  4. Deflection from our treasured values as Filipinos. The current pandemic has highlighted again and again our core values of “bayanihan, pananagutan, pagmamalasakit, pagtitiwala at pananalig sa Diyos”. Aside from the government’s “ayuda” programs. Both big and small corporations, NGOs, families, and even simple individuals did their share in responding to the crying needs of the victims of the pandemic. The government must find ways to reinforce these efforts in order to build up a post-pandemic nation instead of the Anti-Terrorism Bill which instils suspicion and fear to the poor and the marginalized who are very prone to abuses of those in power especially that this Bill contains several questionable provisions. 
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When in Doubt, Refer to the Philippine Constitution

Statement of Concerned Disaster Risk Reduction Organizations and Practitioners of DRRNetPhils on the Anti-Terror Law of 2020

12 June 2020 | Quezon City

DEVELOPMENT work is anchored on the 1987 Constitution of the Republic of the Philippines, where our rights as Filipino people are promoted and upheld to enjoy “independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace.”

For these reasons, we ask the President of the Republic to veto the proposed Anti-Terrorism Law of 2020.

The DRRNetPhils represents in the National Disaster Risk Reduction and Management Council (NDRRMC) various disaster risk reduction organizations and practitioners, many of whom are grassroots-level, community-based, faith-based, and local groups that are duly registered to Securities and Exchange Commission and other government accreditation bodies. Per Republic Act No. 10121 or the Philippine DRRM Law, civil society organizations are recognized as key stakeholders and vital to our country’s resilience-building.

Many of DRRNetPhils members work in high-risk areas and conflict hotspots to provide much needed inclusive aid to the most vulnerable communities. It is not uncommon that many of the network’s member organizations duly recognized by the state experience harassment, discrimination, and red-tagging in rural areas riddled with conflict. Even in urban areas, our members suffer from baseless and malicious propaganda that affect their operation to serve poor communities vulnerable to natural and human-induced hazards. What development and humanitarian workers need is protection to assist the government in helping the least capacitated communities toward achieving the Sustainable Development Goals and in responding to the Sendai Framework for DRR. What we do not need are policies and laws that will only authorize further abuses that are already realities on the ground.

Today marks the 122nd Philippine Independence. As we celebrate our freedom and our democracy, we encourage every stakeholder, every duty-bearer, every policy-maker, and especially the President to look back at our country’s milestones and gains. There have been hardships and struggles to learn from, written all over our history—and even now we are faced with unprecedented crisis. But while we all aim to help our country surpass all these from different perspectives, let us not forget to look at our Constitution: the guide to ensure we do not forget that we are building a just and humane society together, with social justice and human rights as our foundation.###

Fearful but defiant: Independence Day rallies push through despite warnings

The program at UP Diliman wraps up without any arrests

Lian Buan @lianbuan
Published 1:10 PM, June 12, 2020
Updated 11:20 PM, June 12, 2020

RALLIES PUSH THROUGH. Protesters gather at the University of the Philippines in Diliman QC on June 12, 2020, for an Independence Day protest. Photo by Darren Langit/Rappler

MANILA, Philippines (UPDATED) – The morning on Friday, June 12, started out a little tense – police checkpoints were set up along Commonwealth Avenue to scrutinize the people trying to enter the University of the Philippines (UP) Diliman campus where protesters were set to converge for the Independence Day rallies.

Quezon City Police District (QCPD) vehicles patrolled the area, and a couple of them stopped in front of the Commission on Human Rights (CHR) where dozens started to gather.

Before 9 am, QCPD chief Brigadier General Ronnie Montejo stopped by the CHR and told reporters they would be forced to make arrests if crowds would not disperse on their order.

Montejo was echoing the day’s warning from Philippine National Police (PNP) chief General Archie Gamboa that they would strictly enforce a prohibition on rallies. They have the legal backup of Justice Secretary Menardo Guevarra who cited, albeit not specific, “penal sanctions under public health laws.”

Kakausapin natin sila to disperse. Kung hindi, mapipilitan tayo. Papunta doon [sa arestuhan] kung hindi nila susundin ang guidelines ng IATF (Inter-Agency Task Force,” said Montejo, and immediately left to inspect the area further.

(We will tell them to disperse but if they don’t, we will be forced. We are heading toward [arrests] if they don’t follow IATF guidelines.)

The morning was still relatively quiet, when a small crowd from the Philippine Alliance of Human Rights (PAHRA) gathered at the roadside of Commonwealth Avenue near UP’s University Avenue, and chanted against the anti-terror bill.

A cop told them to disperse, and they readily complied. Rappler asked the cop, what if it had been a larger crowd? The policeman said, “Ibang usapan na ‘yun (That’s a different ball game).”

By 9 am, members of Anakpawis, Bayan Muna, Kabataan, and other allied groups started to fill University Avenue.

There were visual markers on the ground so protesters can maintain physical distancing. A man went around with a placard reminding them to always wear their masks.

CHECKPOINT. Police sets up checkpoints in P Diliman in Quezon City for the Independence Day protests on June 12, 2020. Photo by Pino Arcenas/Rappler

Fearful but defiant

As the program progressed and there were no cops in sight, the atmosphere grew more relaxed.

There were people going around giving free party food. After all, they called the demonstrations the “Grand Mañanita” – a jab at Metro Manila police chief Major General Debold Sinas whose birthday party attended by dozens when the capital region was on lockdown, was forgiven by no less than President Rodrigo Duterte.

Rain came and went, but did not deter the mostly young crowd energized by party music – a version of pop song “Señorita” which pokes fun at the words “terorista (terrorist) and pasista (fascist).”

Artist Mae Paner, more popularly known as Juana Change, came as Sinas, pumping up the crowd.

Spoken word artist Juan Miguel Severo, who is quite the influencer on social media, admitted that he was scared to be arrested.

“Of course I am (scared). Wala namang naging matapang na hindi natakot (No one becomes brave without having felt fear),” said Severo, who performed a defiant spoken word version of Lupang Hinirang that set the mood for the rest of the program.

“Dahil sa sandali na nagpapigil tayo eh para na rin nating isinusuko ‘yung civil liberties natin…. Nakakalungkot lang na sa mga panahong ‘to, ang manlulupig ay hindi ibang bayan. Minsan ang sarili nating gobyerno ang manlulupig sa taong bayan,” said Severo.

(Because the moment we give in to fear, it would be like surrendering our civil liberties…. It’s sad that at this time, the oppressors are not foreigners. Sometimes, our own government is oppressing the people.)

There were whispers in the crowd that if the police arrived, some of the protesters were going to assert their legal right to hold an assembly. There was palpable relief as the clock wound down and there were no cops.

Siguro dumikit sa mga pulis na there is no law that prohibits rallies. ‘Yung sinasabi nilang puwede kang ikulong sa mass gathering, e ‘di dapat kinulong na nila ‘yung nagbabayad sa Meralco, o sa SSS. Hindi naman nila puwedeng sabihin na mas importante ang magbayad sa Meralco kaysa sa karapatang magpahayag,” said prominent human rights lawyer Neri Colmenares.

(The police probably realized there is no law that prohibits rallies. If they say they will arrest everyone in a mass gathering, they should arrest those who pay their bills. They cannot say that paying bills is more important than freedom of speech.)

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‘Grand mañanita’ protest on Independence Day

By: Cathrine Gonzales – Reporter / @cgonzales
INQUIRER.net / 11:01 AM June 12, 2020

Protesters erect an effigy of 80s Japanese anime robot Voltes V as they hold a protest rally at the University of the Philippines campus in Quezon City. (Photo by Noy Morcoso/INQUIRER.net)

MANILA, Philippines — Protesters could not be silenced by the coronavirus pandemic or warnings from authorities on possible arrest as they held protest rallies on the celebration of the Philippine’s 122nd Independence Day.

Various progressive groups gathered at the University of the Philippines campus in Diliman, Quezon City for the “Grand Mañanita” protest, a jab at the May birthday celebration of Maj. Gen. Debold Sinas, director of the National Capital Region Police Office (NCRPO).

Protesters wear black shirts during the “Grand Mañanita” rally at the University of the Philippines Diliman University Avenue on Independence Day to show objection to the controversial anti-terror bill. (Photo by Cathrine Gonzales/INQUIRER.net)

Sinas’ mañanita which was attended by dozens of police officers, violated the ban on mass gatherings as ordered by quarantine protocols. However, despite this, he was able to keep his post.

Rallyists are expected to hold protests on two main issues: the controversial anti-terror bill which is now only waiting for the signature of President Rodrigo Duterte to be enforced as law, and the government’s supposed lack of sufficient response to the ongoing coronavirus disease (COVID-19) crisis.

Among the groups that lead the grand “mañanita” protest include the Congress of Teachers/Educators for Nationalism and Democracy, Movement Against Tyranny, Gabriela Youth, Anakbayan – Albertus Magnus, Kilusang Mayo Uno Metro Manila, Concerned Artists of the Philippines(CAP), College Editors Guild of the Philippines (CEGP), and Anakpawis Partylist among others.

Rallyists observe physical distancing while participating a protest at UP Diliman University Avenue on Independence Day 2020. (Photo by Cathrine Gonzales/INQUIRER.net)

Rain poured briefly just minutes before the program started at 10 a.m., as tropical depression Butchoy threatens to bring scattered rain and thunderstorms in some parts of the country.

Several protesters also brought party props with them to mimic Sinas’ birthday mañanita.

A woman holds a plackard saying “activism is essential in shaping a better normal,” as authorities warned that parcipants of physical protests during community quarantine risk arrest. (Photo by Cathrine Gonzales/INQUIRER.net)

On the eve of the Independence Day protests, the Department of Justice warned that physical protest rallies are “temporarily banned” during the pandemic because of public health concerns.

“Solely for public health reasons and nothing else, mass gatherings, including protest rallies, are temporarily banned to avoid direct transmission of the COVID-19 virus,” Justice Secretary Menardo Guevarra said in a message to reporters on Thursday.

“Violations may give rise to penal sanctions under existing public health laws, not under criminal laws. As (Interior) Sec. (Eduardo) Año said, there are safer ways to express one’s protest during this period of a public health emergency,” he added. However, the National Union of People’s Lawyers said the Bayanihan to Heal as One Act and the law on mandatory reporting of notifiable diseases do not have provisions allowing the conduct of arrests because of alleged violations of quarantine rules or a prohibition on mass gatherings.

Artists, celebs join Independence Day rallies online, in the streets

Janine Gutierrez and Mae Paner head to the ‘Grand Mañanita’ at UP Diliman, while Enchong Dee and Ebe Dancel join in Independence Day protest actions online
PROTEST. Artist Mae Paner joins the mañanita-themed protest at the University of the Philippines Diliman on June 12, dressed as NCRPO chief Debold Sinas. Photo by Angie de Silva/Rappler

Rappler.com | Published 8:02 PM, June 12, 2020 | Updated 8:02 PM, June 12, 2020

MANILA, Philippines – Despite the rain and police checkpoints, protesters flocked to the University of the Philippines (UP) Diliman to attend the ‘Grand Mañanita’ Philippine independence day protest on Friday, June 12.

Several celebrities and artists were part of the physically-distant crowd at the protest – among them, artist and activist Mae Paner, who came dressed as Metro Manila police chief Major General Debold Sinas who held a birthday party while under lockdown, breaching quarantine protocols.

Also at the protest were spoken word artist Juan Miguel Severo, and actress Janine Gutierrez.

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Paninindigan Laban sa Anti-Terror Bill

Ang Dala Nito ay Ligalig

Sa ilang mga simpleng larawan na ito ay ipinapahayag nang Sangguniang Laiko ng Pilipinas ang aming mariing pag-salungat sa panukala ng ating mga mambabatas na lalong naghahasik ng takot at ligalig sa ating mamamayan, sa halip na madaliang tumugon sa mga pangunahin at pinaka-mahalagang panganga-ilangan ng ating bayan.

Sa mga panahong ito, sino ba ang ang dapat protektahan? Bakit sa halip na agaran nilang protektahan at ayudahan ang bayan, minadali pa nila ang pag-protekta sa pamahalaan?

(Credit to Dee Ayroso of Bulatlat, June 3, 2020)

Sinasabi ng panukalang ito na: “The State shall uphold the basic rights and fundamental liberties of the people as enshrined in constitution.”  Ngunit bakit sa tweet at larawang ito ay pinasok, pinaghahabol at “dinampot” ang mga kabataang nagpapahayag ng kanilang mga saloobin sa UP Cebu Campus?

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PMPI Statement on the Anti-Terror Act of 2020

The Anti-Terror Law, at its core, is a return to draconian times, a subversion of our fundamental rights and liberties, a farcical attempt to quell an ensuing dissent from the marginalized sectors largely due to the government’s failure to respond to the needs of the people in the time of pandemic. It is a measure to safeguard the old economic and political system that is the lifeline of its current privileged and elite rule. A safeguard to the “OLD NORMAL”.

The Philippine Misereor Partnership, Inc. (PMPI) believes that the “Anti-Terrorism Act of 2020 is the government’s legal mantle to shield itself from the discontent of people due to a bungled response to the pandemic – their ill intervention to cope with the pandemic and to direct its indecisive state health agency, its lack of aggressive and forward plan to have massive testing and support to the frontline workers, its militaristic approach to manage people from following the lockdown rules,  its lack of transparency and accountability in the use of public funds and borrowed money and its dismal and meager support to the most vulnerable sectors of society have resulted to hunger, fear, and violation of people’s rights. These are some of the issues that will be dealt with, simply as matters of peace and security by the Anti-Terror Bill.

We believe this law will further institutionalize the OLD NORMAL of putting profit over ecology and the right to health. We were witness to its partiality to profit over people, when even in the midst  of the threat of the pandemic – the community of Homonhon Island, Eastern Samar and the island of Semirara fell victim to the caprices of the

Department of Environment and Natural Resources – Mines and Geosciences Bureau (DENR-MGB), the Department of Energy in the case of Semirara Island, which allowed the transport of mineral ore and coal by the mining companies from these islands, despite appeal against it by the local people and local government. Through the AntiTerror Bill, we believe this administration will now have the legal basis to muscle its way through to implement development projects that are detrimental to Indigenous Peoples and the ecology like the Kaliwa Centennial Dam Project in Quezon and the Sagittarius Copper and Gold Project in South Cotabato.

WE believe the “Anti-Terrorism Act of 2020” has the potential to increase nonaccountability and non-transparency of this Administration’s in its exercise of power.  This government, through its OLD NORMAL of addressing deeply rooted and complex social issues, have shown us that it can choose to be non-accountable, harsh, and punitive.  In dealing with drug related issues, it has launched a “War On Drugs” program called “Operation Tokhang”, implemented in secrecy and with impunity but has yet to show substantial results of putting a stop on drug trade in the country, but instead only victimized further the poor and marginalized as EJK victims. 

Put simply, the Anti-Terrorism Act of 2020 will not address poverty, ecological destruction, and climate crisis, nor will it address our current predicament that is Covid19 and its after effects, nor will it address terrorism itself, rather, it has now created an environment of terror to silence any form of opposition, with everyone a potential suspect.

Philippine Misereor Partnership, Inc. (PMPI)  
6 June 2020