Military, police tagged as violators - Malaya 05.31.2006

CHR chair says raps can be filed

By DENNIS GADIL
http://www.malaya.com.ph/may31/news1.htm

THE Commission on Human Rights (CHR) yesterday said human rights violations were clearly committed by police and military intelligence agents who arrested and then detained five supporters of President Joseph Estrada last week.

CHR chair Purificacion Valera Quisumbing told the Senate committee on national defense and security that the raiding team could be charged with trespassing to dwelling, illegal detention, arbitrary arrest and involuntary disappearance.

"You could actually throw (the) book at them. Even if the mission is for a good cause but (if) the methods used were contrary to law, it could not be justified," she said.

She said this was based on their preliminary investigation on the arrest of Virgilio Eustaquio, chair of the Union of the Masses for Democracy and Justice (UMDJ), Jim Cabauatan, Ruben Dionisio, Dennis Ibuna and Jose Curameng.

Their arrest was kept from the public and was initially denied by the Armed Forces.
The group was charged with rebellion that would involve a plot to assassinate President Arroyo and at least four Cabinet members.

They were ordered released last Thursday by Justice Secretary Raul Gonzalez due to insufficiency of evidence.

Quisumbing likewise urged the Senate to pass a measure outlawing torture.

She noted while the Revised Penal Code provides safeguards, no law covers torture and involuntary disappearance.

"Torture is a terrible thing, Mr. Chairman," she said.

She said the country should better pass a law against torture for being a signatory to the international convention against torture.

"There’s no law on torture, against torture and involuntary disappearance, which is also a form of torture," she said.

Quisumbing also listed the police as top human rights violator, based on the complaints that have flooded her agency, followed by a combination of other government agencies with the military ranked third.

Quisumbing was the only government official who showed up during the Senate probe led by Sen. Rodolfo Biazon.

Invited military and police officials led by AFP chief Gen. Generoso Senga did not show up.
Senga, in a letter to Biazon, said he was sending his deputy chief of staff for intelligence, Maj. Gen. Rodrigo Maclang, as his representative.

But Senga said Maclang’s appearance – including that of Isafp chief Commodore Leonardo Calderon – is subject to the approval of President Arroyo "pursuant to Executive Order (EO) 464."

The EO was struck down as unconstitutional by the Supreme Court but the government insists that the ruling was not yet final and executory. Malacañang has yet to appeal the ruling.

Biazon said the Senate committee might choose to issue subpoenas against the officials, which he said "carries a penalty and could not be disregarded."

"Offenses committed by the government are piling up for their continued refusal and disrespect of the SC ruling," he said after the hearing.

He added: "We may have to go back to the SC."

Sen. Panfilo Lacson said the excuse given by Senga was "unacceptable."

"May SC ruling na invalidating 464. So bakit kailangan gamitin ang 464? Walang basehan. Kaya nag-iisip kami ibang forum at puwede namin i-recall ang budget ng AFP para lang mailabas itong ganitong mga paliwanag tungkol dito. Di iipitin kundi gawing venue ang budget deliberation para tanungin sila ano ba talaga nangyari. Ang daming why questions dito?" Lacson said.

Lacson said the military could no longer hide its culpability because the violations are glaring.

"Wala na dapat i-analisa masyado, kitang kita sa ni-reveal kanina. Unang una, bakit sila inaresto at hinalughog ang bahay nang walang warrant? Pangalawa, bakit sila dinetain mahigit 36 hours na maximum reglamentary period? Pangatlo, bakit tinago sa publiko? Pang-apat, bakit yung torture pinagtatakpan pa hanggang sa level ni Justice Secretary Gonzalez? Siya pa nga ang nag-justify na yung sugat o injury ay self-inflicted," he said.

Lacson nevertheless urged the CHR to complete its probe and recommend charges before the Ombudsman.

Only four of the "Erap 5" were present at the hearing as Dionisio is still confined due to the alleged torture.

The four appealed for security assistance from the Senate while the probe is ongoing for fear of their lives. The group said they have been receiving death threats since their release last week.

Biazon said they will consider the request but noted that the Senate has limited resources to provide security for the group.

Senga ordered a pre-trial investigation against the Isafp agents involved in last week’s arrest.
In a press briefing, AFP spokesman Maj. Gen. Jose Angel Honrado said Senga directed the AFP Judge Advocate General’s Office to establish whether there is a prima facie case to proceed with the court martial.

Honrado declined to give figures but a source said the Isafp men include two officers and six enlisted personnel.

The source said one of the two officers was the commander of Isafp’s Military Intelligence Group 15 that led the operation. He declined to name MIG commander.

Honrado said the Isafp personnel are under pre-trial investigation either for violation of the Articles of War 96 and 97 or conduct unbecoming of an officer and a gentleman and conduct prejudicial to good order and military discipline.

AFP information chief Col. Tristan Kison said Senga’s order stemmed from allegations that one of the five Estrada supporters were tortured by the arresting team.

"General Senga ordered TJAGS (The Judge Advocate General Service) to conduct pre-trial investigation on Isafp personnel involved in inflicting injuries on the five," Kison said in a text message.

Honrado said the Senate invitation requesting the attendance of the Senga and the other officers "came in late" but did not say when.

"There was not enough time to secure the approval of the President," he said.

"We are still covered by the 464 until the Supreme Court will have its final say on this based on the motion (for recommendation) by the OSG," he said.

"Pending that decision, then we are still covered by 464 and we cannot go otherwise. Otherwise we will be in trouble with the commander in chief if we are going to violate it," he said.

The PNP said the non-appearance of some of its officials in the Senate investigation was in accordance with EO 464.

PNP spokesman Senior Supt. Samuel Pagdilao Jr. said since the Office of the Solicitor General has filed a motion for reconsideration before the Supreme Court, the PNP can still invoke EO 464.

Presidential chief of staff Michael Defensor said the non-appearance of military and police officials in the Senate hearing was an internal decision of the two institutions.

Defensor said the AFP and the PNP have not asked for any clearance from Malacañang so "you cannot say that it is due to Executive Order 464."

But Executive Secretary Eduardo Ermita said the AFP had in fact informed Malacañang about the Senate hearing.

Ermita said EO 464, which requires cabinet officials and ranking officials of the military and police to seek permission from Arroyo before attending any legislative hearings, remains in effect.

"So the thing is, it’s procedural, it’s not a matter that they are just on their own, they are not responding to the invitation of the Senate," he said. – With Victor Reyes, Raymond Africa, Raymond Africa and Jocelyn Montemayor

Villar: What’s real score on classrooms?Battling Lou Gehrig's disease - Malaya 06/01/2006

BY DENNIS GADIL

AFTER President Arroyo’s latest outburst, the Senate now wants to know the real score behind the shortage of school buildings before it pours money to address the backlog.

"Hinihintay lang namin talaga ang paliwanag ng secretary of education. Maraming pagkukulang at mga questions sa kanyang mga data o impormasyon kung ilan ang backlog," Sen. Manuel Villar, chair of the finance committee, said.

Villar’s committee is steering the passage of the P1 trillion proposed national budget for 2006.

Villar said they will wait for final figures from acting Education Secretary Fe Hidalgo who was berated the other day by Arroyo over the shortage of classrooms.

Hidalgo, in a Cabinet meeting, reported there is a shortage of 6,832 classrooms based on a student-classroom ratio of 45:1 and a single shift per day.

The President snapped back, saying the shortage was only at 1,000 in 2004 based on a ratio of 100:1 and a two-shift scheme.

Arroyo said if Hidalgo relied on the two-shift policy, the shortage could not run to more than 6,000.

Hidalgo later admitted to reporters it was her mistake.

Villar said the finance committee, which includes all senators as members, would want to know how many classrooms need to be built or needed repairs.

He proposed that to lower the cost of constructing school buildings, private foundations headed by Filipino-Chinese businessmen be tapped.

Filipino-Chinese groups, which donate schoolbuildings, could build classrooms at a price of P300,000 compared to the P500,000 standard price of the Department of Public Works and Highways.

"Mas magandang na ma-stretch natin ang ating budget. Kung mas mura sa kanila, di padaanin natin sa kanila ang pondo para mas madami tayong magawa sa limitadong pondo natin," Villar said.

Independent estimates put the shortage of school buildings at between 20,000 and 25,000 nationwide.

The Senate has slashed the DepEd’s school building program fund for this year by half from its original proposal of P2 billion to P1 billion.

The militant group Anakbayan said Arroyo’s flare-up was "uncouth and totally uncalled for."
"Her bullying makes her a ‘terror teacher,’ not a good example to the youth and teachers alike," said Eleanor de Guzman, Anakbayan national chairperson.

"Between her and Secretary Hidalgo, there is no question on who the authority is in terms of classroom requirements. Ms. Arroyo should apologize to Secretary Hidalgo for her discourtesy," she said.

Anakbayan High School chair Xaviera Vasquez said aside from flunking in good manners and right conduct, the President should also get failing marks for her "simple logic" on the shortage of classrooms.

"Secretary Hidalgo was just presenting the real situation of public schools. She has served in the grassroots. She knows fully well what our public schools really need… that the ideal classroom ratio is 45:1. A 100:1 classroom ratio remains wanting, regardless of the two-shift policy," she said.

Malacañang said President Arroyo’s scolding of Hidalgo does not mean that the latter was on her way out.

Executive Secretary Eduardo Ermita said there is no need for the President to apologize to Hidalgo, adding there was "no malice" in what Arroyo did.

"The President is the President. She leads the whole government. She’s the appointing authority. She is the one who needs information so that she will know in what direction her programs are being implemented. So don’t take it to mean that just because a Cabinet member felt that he was not able to come up with satisfactory answers to all the questions of the President she or he was singled out," he said.

Ermita said Arroyo’s working style, which includes periodic outbursts of irritation towards members of her official family, is a "personal matter."

He said the President just wants to be able focus on specific issues and give direction to what a Cabinet member is reporting to her.

The President and Hidalgo will be at the Rosauro Almario Elementary School on Kagitingan street, Tondo today as part of the DepEd’s "Oplan Balik Eskwela."

The school has 167 teachers and has more than 6,000 pupils. In the previous school year, its classroom-pupil ratio was 1:42. – With Reinir Padua and Regina Bengco