Bulatlat - The Philippines's alternative weekly newsmagazine

This story was taken from Bulatlat, the Philippines's alternative weekly newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. VI, No. 12, April 30-May 6, 2006

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

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.

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 1^st 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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