Extrajudicial killings and forced disappearances in the Philippines Even if Philippine Republic Act No.

pine Republic Act No. 7438[13] provides for the rights of persons
arrested, detained, it does not punish acts of enforced disappearances. Thus, on
Extrajudicial killings and forced disappearances in the Philippines are August 27, Bayan Muna(People First), Gabriela Women's Party (GWP),
illegal executions – unlawful or felonious killings – and forced disappearances in and Anakpawis (Toiling Masses) filed House Bill 2263 – "An act defining and
the Philippines.[1] These are forms of extrajudicial punishment, and include penalizing the crime of enforced or involuntary disappearance." Sen. Jinggoy
extrajudicial executions, summary executions, arbitrary arrest and detentions, and Estrada also filed last June 30, 2007, Senate Bill No. 7 – "An Act Penalizing the
failed prosecutions due to political activities of leading political, trade union Commission of Acts of Torture and Involuntary Disappearance of Persons Arrested,
members, dissident and/or social figures, left-wing political parties, non- Detained or Under Custodial Investigation, and Granting Jurisdiction to the
governmental organizations, political journalists, outspoken clergy, anti-mining Commission on Human Rights to Conduct Preliminary Investigation for Violation of
activists, agricultural reform activists, members of organizations that are allied or the Custodial Rights of the Accused, Amending for this Purpose Sections 2, 3 and 4
legal fronts of the communist movement like "Bayan group" or suspected supporters of RA 7438, and for Other Purposes."[14][15][16]
of the NPA and its political wing, the Communist Party of the Philippines (CPP).[2][3]
Extrajudicial killings are most commonly referred to as "salvaging" in Philippine Background
English.[4][5][6] The word is believed to be a Marcos regime
direct Anglicization of Tagalog salbahe ("cruel", "barbaric"),
from Spanish salvaje ("wild", "savage").[7] In 1995, 10,000 Filipinos won a U.S. class-suit against the Ferdinand Marcos estate.
The charges were filed by victims or their surviving relatives for torture, execution
Extrajudicial killings (EJKs) is also synonymous with the term "extralegal killings" and disappearances.[17]Human rights groups placed the number of victims of
(ELKs). Extrajudicial/ extralegal killings (EJKs/ ELKs) and enforced disappearances extrajudicial killings under martial law[18] at 1500 and over 800
(EDs) are unique in the Philippines in as much as it is publicly and commonly known abductions; Karapatan (a local human rights group's) records show 759
to be committed also by non-state armed groups (NAGs) such as the New Peoples involuntarily disappeared (their bodies never found). Military historian Alfred
Army (NPA) and the Moro Islamic Liberation Front (MILF). Though cases have been McCoy in his book "Closer than Brothers: Manhood at the Philippine Military
well documented with conservative estimates of EJKs/ ELKs and EDs committed by Academy" and in his speech "Dark Legacy" cites 3,257 extrajudicial killings, 35,000
the NPAs numbering to about 900-1,000 victims based on the discovery of torture victims, and 70,000 incarcerated during the Marcos years.[19][20] The
numerous mass grave sites all over country, legal mechanisms for accountability of newspaper "Bulatlat" places the number of victims of arbitrary arrest and detention
non-state actors have been weak if not wholly non-existent. at 120,000.[21][22][23]
Nature The New People's Army (NPA) groups known as "Sparrow Units" were active in the
Philippine extrajudicial killings are politically motivated murders committed by mid-1980s, killing government officials, police personnel, military members, and
government officers, punished by local and international law or convention. They anyone else they targeted for elimination. They were also part of an NPA operation
include assassinations; deaths due to strafing or indiscriminate firing; called "Agaw Armas" (Filipino for "Stealing Weapons"), where they raided
massacre; summary execution is done if the victim becomes passive before the government armories as well as stealing weapons from slain military and police
moment of death (i.e., abduction leading to death); assassination means forthwith personnel. A low level civil war with south Muslims, Al-Qaeda sympathizers
or instant killing while massacre is akin to genocide or mass extermination; thus, and communist insurgents has led to a general break down of law and order.
killings occurred in many regions or places throughout the Philippines in different The Philippines government has promised to curb the killings, but is itself implicated
times - 136 killings in Southern Tagalog region were recorded by human rights in many of the killings.[24][25][26]
group Karapatan from 2001 to May 19, 2006.[8][9][10] Since 1975, the Armed Forces of the Philippines (AFP) was deeply concerned in
A forced disappearance (desaparecidos), on the other hand, as form of extrajudicial politics. Because of the armed conflict, the military continued its campaign versus
punishment is perpetrated by government officers, when any of its public officers the New People’s Army of the Communist Party of the Philippines (CPP). Since 1969
abducts an individual, to vanish from public view, resulting to murder or it aimed to establish a Marxist regime with armed rebellion against the government.
plain sequestration. The victim is first kidnapped, then illegally detained On top of all these chaos, left-wing non-governmental organizations (NGOs)
in concentration camps, often tortured, and finally executed and the corpse hidden. were/are critical of the Gloria Macapagal-Arroyo administration. The members who
In Spanish and Portuguese, "disappeared people" are called desaparecidos, a term associated with the CPP and NPA had been targeted as victims in the spate of
which specifically refers to the mostly South American victims of state political killings. Human Rights Watch investigated extrajudicial murders in the
terrorism during the 1970s and the 1980s, in particular concerning Operation Philippins in September 2007[19][27][28]
Condor. In the International Convention for the Protection of All Persons from
Enforced Disappearance, "Enforced disappearance" is defined in Article 2 of Philip Alston
the United Nations Convention Against Torture as "the arrest, detention, abduction
or any other form of deprivation of liberty by agents of the State or by persons or Three major investigation groups were commissioned and their final reports had
groups of persons acting with the authorization, support or acquiescence of the been submitted and published: the Gloria Macapagal-Arroyo government-appointed
State, followed by a refusal to acknowledge the deprivation of liberty or by bodies: a) Task Force Usig created by her on August; as a special police body, it
concealment of the fate or whereabouts of the disappeared person, which place was assigned to solve 10 cases of killings; it claimed having solved 21 cases, by
such a person outside the protection of the law."[11][12] initiating court cases, but only 12 suspects were arrested; b) the Melo Commission
(chaired by Supreme Court Associate Justice Jose Melo) with members National
Bureau of Investigation Director Nestor Mantaring, Chief State Prosecutor Jovencito
Zuño, Bishop Juan de dios Pueblos, and Nelia Torres Gonzales; its final report their oath to defend the constitution and enforce our laws, to a high standard of
states: "There is no official or sanctioned policy on the part of the military or its official conduct and hold them accountable to our people. The sovereign Filipino
civilian superiors to resort to what other countries euphemistically call "alternative people should be assured that if their right to life and liberty is threatened or
procedures" – meaning illegal executions. However, there is certainly evidence violated, they will find vindication in our courts of justice'."[41][42][43][44] Puno
pointing the finger of suspicion at some elements and personalities in the armed explained the interim reliefs under amparo: temporary protection order (TPO),
forces, in particular General Jovito Palparan, as responsible for an undetermined inspection order (IO), production order (PO), and witness protection order (WPO, RA
number of killings, by allowing, tolerating, and even encouraging the killings." (Melo 6981).[45] As supplement to Amparo, on August 30, 2007, Puno (at Silliman
Commission report, p. 53),[29] and c) Philip Alston, the United Nations Special University in Dumaguete City, Negros Oriental) promised to release also the writ of
Rapporteur on Extrajudicial Executions (February 12 to 21, 2007) habeas data (“you should have the idea” or “you should have the data”) another
new legal remedy to solve the extrajudicial killings and enforced disappearances.
Remedies[edit Puno explained that the writ of amparo denies to authorities defense of simple
denial, and habeas data can find out what information is held by the officer, rectify
Malacañang's peace summit and Puno's killings summit[edit] or even the destroy erroneous data gathered. Brazil used the writ, followed
by Colombia, Paraguay, Peru, Argentina and Ecuador.[46]
 Because of the magnitude of Philippine killings and desaparecidos, 22nd Chief
Justice Reynato Puno of the Supreme Court of the Philippines called a National  On December 3, 2007, Reynato S. Puno stated that the writ released only three
Consultative Summit on extrajudicial killings on July 16 and 17, 2007 at victims (including Luisito Bustamante, Davao City), since amparo was enforced
the Manila Hotel. Invited representatives from the branches of the government on October 24: "I would like to think that after the enactment and effectivity
participated (including the Armed Forces of the Philippines, the (of the writ), the number of extrajudicial killings and disappearances have gone
PNP, Commission on Human Rights (Philippines), media, academe, civil down."[47]
society and other stakeholders). On the other hand, the Malacañang-sponsored
"Mindanao Peace and Security Summit" (July 8–10, 2007 at Cagayan de Oro  On December 17, 2007, Iloilo regional trial court Judge Narciso Aguilar granted
City) concentrated on the anti-terror law, or the Human Security Act (HSA) of a writ of amparo against President Gloria Macapagal-Arroyo and 9 military and
2007, to make it more acceptable to the public.[30][31]At the July 16 summit, police officials to release Nilo Arado and Maria Luisa Posa-Dominado activists
Reynato Puno stated that he Commission on Human Rights reported the abducted on April 12.[48]
number of victims at 403 from 2001 to May 31, 2007,  On December 19, 2007, Dra. Edita Burgos petitioned the Philippine Court of
while Karapatan reported 863 deaths[32] until 2007, and more than 900 as of Appeals to issue a writ of amparo against Armed Forces chief Gen. Hermogenes
May, 2008, and most of them were members of left wing groups. Karapatan Esperon Jr and Army chief Lt. Gen. Alexander Yano regarding her son Jonas's
further officially placed the number of victims of human rights violations: forced abduction on April 28.[49]
evacuations or displacement at 7,442, by indiscriminate firing with 5,459  On December 27, 2007, the 2nd Division, Court of Appeals 30-page decision
victims, and food and economic blockade with 3,042.[33] The rights group penned by Associate Justice Lucas Bersamin granted the writ of amparo filed by
Desparecidos officially reported as of May 15, 2008, 194 victims of enforced Reynaldo and Raymond Manalo, abducted activists.[50]
disappearances under the Arroyo administration, with the latest abduction of
For other legal remedies see also Writ of Amparo and Habeas Data
National Democratic Front political consultant for Cagayan Valley, activist
(Philippines)
Randy Felix Malayao, 39, a volunteer worker.[34]
International groups' 2006 and 2008 probe of killings[edit]
 Counsels for the Defense of Liberties (CODAL), Philippines, a lawyers’
organization stated that since 2001, 26 lawyers and 10 judges were killed due In 2006, the Dutch Lawyers for Lawyers Foundation and Lawyers without
to their professions; 755 civilians had been killed extrajudicially, while 359 Borders with the support of the Netherlands Bar Association, the Amsterdam
survived attacks, but 184 persons were still missing.[35] Bar Association and the International Association of Democratic Lawyers
 Bishop Deogracias Iñiguez stated that on the CBCP/Catholic Church's count, the created a fact-finding mission in different parts of the Philippines. The
number of victims of extrajudicial killings is 778, while survivors of "political international groups conducted interviews of various legal sectors from June 15
assassinations" reached 370; 203 "massacre" were victims, 186, missing or to June 20, 2006.
involuntarily disappeared, 502, tortured, or illegally arrested. Iñiguez From November 4–12, 2008, the Dutch Lawyers for Lawyers Foundation will
denounced the government's implementation of its Oplan Bantay Laya I and conduct a follow-up verification and fact finding mission (IVFFM) in Manila
II.[36][37][38][39][40] and Mindanao, with the National Host Committee, National Union of Peoples'
Promulgation of Writs of Amparo and Habeas Data[edit] Lawyers (NUPL) and the Counsels for the Defense of Liberties (CODAL). This
team is composed of 8 judges and lawyers from Belgium and Netherlands, who
Because of the inefficacy and insufficiency of the Philippines Writ of Habeas Corpus, had dialogue with Reynato Puno on the probe of killings.[51] [52][53]
on September 25, 2007, Chief Justice Reynato Puno signed and released the Writ of
Amparo: "This rule will provide the victims of extralegal killings and enforced International criticism[edit]
disappearances the protection they need and the promise of vindication for their
rights. This rule empowers our courts to issue reliefs that may be granted through On September 28, 2007, the Asian Human Rights Commission (AHRC) criticized
judicial orders of protection, production, inspection and other relief to safeguard the Writ of Amparo and Habeas Data (Philippines) for being insufficient:
one's life and liberty The writ of amparo shall hold public authorities, those who took "Though it responds to practical areas it is still necessary that further action
must be taken in addition to this. The legislative bodies, House of Foreign Relations at Washington, D.C.John submitted his written
Representatives and Senate, should also initiate its own actions promptly and statement: a) the increase in extrajudicial killings, b) the “Huk Rebellion”
without delay. They must enact laws which ensure protection of rights—laws in the 1940s and 50s causing thousands of murdered victims; c) the
against torture and enforced disappearance and laws to afford adequate legal communist New People’s Army (NPA), which was listed in the U.S. State
remedies to victims." AHRC objected since the writ failed to protect non- Department list of Foreign Terrorist Organizations campaigned to
witnesses, even if they too face threats or risk to their lives.[54] overthrow the government since 1968; d) Extrajudicial killings by the
security forces, the NPA, etc. during the Marcos regime, were less; and e)
International reports - the root cause of killings[edit] noted the report of UN Special Rapporteur Alston which submitted the
Philippine Government’s recognition of the gravity of the problem,
Alston UN report[edit] expresses concern about the views of the Armed Forces of the Philippines
(AFP) regarding the problem, but much had to submitted that the reforms
 Philip Alston submitted his final report on the killings; he found that the made did not and will not resolve the killings. Mr. Alston's March report
Armed Forces of the Philippines killed left-wing activists to get rid of stated that "the question of resources or technical expertise will partly
communist insurgents: "the executions had "eliminated civil society resolve the killings but the strong risk is that these measures will treat
leaders, including human rights defenders, trade unionists and land reform only some of the symptoms of the crisis, and will fail to address
advocates, intimidated a vast number of civil society actors, and narrowed meaningfully two of the most important underlying causes of a great many
the country’s political discourse." Alston denied for lack of merit the of the killings." (A/HRC/4/20/Add.3, March 22, 2007) Alston named two
government's claim that killings were perpetrated by communists to root causes of the killings: (1) 'vilification', 'labeling’, or 'guilt by
exterminate spies and to make negative propaganda versus government. association' – "characterization of most groups on the left of the political
Alston, on February, 2007 stated that the military made alibis or denials spectrum as ‘front organizations’ for armed groups whose aim is to destroy
on its role about 800 deaths of activists and journalists since 2001. Alston democracy" making the groups "considered to be legitimate targets; and
blamed "impunity" which caused the executions of journalists and leftist (2) the Government’s counter-insurgency strategy's extent of facilitating
activists: "the priorities of the criminal justice system had been killings of activists and others.[61][62] G. Eugene Martin specifically
"distorted," and had "increasingly focused on prosecuting civil society expanded the 2 causes of the violence and killings: a) weak political and
leaders rather than their killers." But Alston noted the government's social institutions, corrupt and ineffective judicial system, resulting to
creation of – special courts to try extrajudicial killings, the Melo failure to obtain justice from corrupt Philippine courts; and b) the legacy of
Commission and the Philippine National Police's Task Force Usig.[55][56] In the Ferdinand Marcos regime; Martial law caused the corrupt system
the November U.N. Alston report - the killings in 2007 was only 68, huge where soldiers, police, judges and prosecutors became principals of
drop from the 209 murdered in 2006. Karapatan published its report offenses like extralegal arrest, detention, incarceration, disappearances
however, listing 830 victims of extrajudicial killings since 2001, under and killings (salvaging), all permitted or allowed. He traced the spate of
Gloria Macapagal-Arroyo.[57] On March 1, 2007, the Supreme Court of the violence and killings to political instability of President Arroyo government;
Philippines issued Administrative Order No. 25-2007, which created by while she created the Independent Commission to Address Media and
designation 99 regional trial courts to try cases of killings and Activist Killings, Melo Commission, she had no capability to end the
desaparecidos.[58] killings, due to her political lameness because of the 2004 election
controversy.[62][62][63]
Failed investigations and prosecutions[edit]
FIDH report[edit]

 The United Nations Special Rapporteur on Extrajudicial Execution found

that just on paper trails, cases are filed; but Alston officially concluded  Three experts from the International Federation for Human
that “there is a passivity, bordering on an abdication of responsibility, Rights (abbreviated FIDH), Mr. Nabeel Rajab (Bahrain), Mr. Mouloud
which affects the way in which key institutions and actors approach their Boumghar (France) and Mr. Frédéric Ceuppens (Belgium), came to the
responsibilities in relation to such human rights concerns; prosecutors Philippines on August 13 to 23, 2007. Their FIDH mission report stated
refused to take a role in gathering evidence, and instead being purely that torture and ill-treatment was widespread versus suspected
passive, waiting for the police to present them with a file; the "terrorists". The Filipino government is a signatory to the International
Ombudsman’s office did almost nothing in recent years in this regard, Covenant on Civil and Political Rights (ICCPR), and the UN Convention
failing to act in any of the 44 complaints alleging extrajudicial executions against Torture (CAT). The FIDH dismissed the Philippines government's
attributed to State agents submitted from 2002 to 2006." (“Preliminary claim doubts that mechanisms were placed to stop the killings, as it
note on the visit of the Special Rapporteur on extrajudicial, summary or questioned the efficiency of – the corrupt judiciary, the government
arbitrary executions, Philip Alston, to the Philippines (12–21 February “Witness Protection Programme” ; also, judges and lawyers were victims
2007),” A/HRC/4/20/Add.3, March 22, 2007, p. 4., etc.)[59][60] themselves of killings. It also found the Philippine anti-terrorism law (
“Human Security Act”) to result in more torture and extrajudicial killings as
Eric G. John and G. Eugene Martin testimonies[edit] a fight against terrorism.[64]
2008 US Department of State report[edit]
 On March 14, 2007, Eric G. John, Deputy Assistant Secretary for East Asian
and Pacific Affairs testified before the USA Senate Subcommittee on
On March 11, 2008, the US Department of State reported that "arbitrary, War on Drugs[edit]
unlawful arrests and extrajudicial and political killings continued to be a major Main article: Philippine Drug War
problem in the Philippines in 2007.[65]Washington stated that "many of these
killings went unsolved and unpunished despite intensified efforts of the On July 2, 2016, the Communist Party of the Philippines stated that it
government to investigate and prosecute these cases."[66] "reiterates its standing order for the NPA to carry out operations to disarm and
arrest the chieftains of the biggest drug syndicates, as well as other criminal
Judicial corruption[edit] syndicates involved in human rights violations and destruction of the
environment" after its political wing Bagong Alyansang Makabayan accepted
On January 25, 2005, and on December 10, 2006, Philippines Social Weather Cabinet posts in the new government.[72][73] On July 3, the Philippine National
Stations released the results of its two surveys on corruption in the judiciary; it Police said they had killed 30 alleged drug dealers since Duterte was sworn in
published that: a) like 1995, 1/4 of lawyers said many/very many judges are as president on June 30.[74][75] They later stated they had killed 103 suspects
corrupt. But (49%) stated that a judges received bribes, just 8% of lawyers between May 10 and July 7.[76]
admitted they reported the bribery, because they could not prove it. [Tables 8-
9]; judges, however, said, just 7% call many/very many judges as On August 26, 2016, the official death total reached 2,000.[77]
corrupt[Tables 10-11];b) "Judges see some corruption; proportions who said -
many/very many corrupt judges or justices: 17% in reference to RTC judges, Events[edit]
14% to MTC judges, 12% to Court of Appeals justices, 4% i to Shari'a Court
judges, 4% to Sandiganbayan justices and 2% in reference to Supreme Court
justices [Table 15].[67][68]  In February, 2007, The U.S. ambassador to the Philippines has broken her
silence and called on Manila to end extrajudicial killings. On Feb.
Maguindanao massacre[edit] 27, Kristie Kenney U.S. ambassador to the Philippines alerted Mrs. Arroyo
as she voiced her call to end these killings: "Let's beef up the human
rights in the Armed Forces of the Philippines and make every effort to
investigate, prosecute those responsible, [and] exonerate the innocent."[78]
 In August, 2007, the International Day of the Disappeared, Asian Human
Rights Commission (AHRC) ranked the Philippines among the top eight
countries in Asia where forced disappearances of activists are not just
rampant but are done with impunity. Sri Lanka heads the list (statement
posted on its website (www.ahrchk.net)). The activists took part in the
recent Human Rights School Session of the AHRC for 2007. The AHRC
listed the other countries where forced disappearances take place with
impunity: Pakistan, Indonesia, Bangladesh, Nepal, Thailand, Philippines an
d parts of India.[79]
 In September, 2007, Marie Hilao-Enriquez, Karapatan secretary-general,
formally petitioned the United Nations Human Rights Council (UNHRC) to
direct the Philippine government to stop the extrajudicial killings. She filed
the report on 60 cases killings have been recorded by Karapatan from
January to June, 2007, alone, with 17 cases of disappearances, 12 of
Symbolic 'Impuni-tree' planted for 3rd anniversary of Maguindanao torture and 113, of illegal arrests.[80][81]
 On October 3, 2007 at Tarlac City, 69-year-old Bishop Alberto Ramento of
massacre (University of the Philippines College of Mass Communication, UP
the Iglesia Filipina Independiente (IFI), or Philippine Independent Church,
Diliman). and a vocal critic of killings under the Arroyo government, was stabbed 7
times and killed.[82]
In the Maguindanao massacre in the Philippines on November 23, 2009, 57
 The December 11, 2006 Philippines National Police’s Task Force Usig
people were killed while en route to file an electoral certificate of candidacy
submitted 115 cases of “slain party list /militant members” since 2001,
for Esmael Mangudadatu, vice mayor of Buluan town, in upcoming
and 26 cases of “mediamen”. The Philippine Daily Inquirer published 299
gubernatorial elections for Maguindanao province.[69] The dead included
killings from October 2001 and April 2007 (See e.g. Alcuin Papa, “3 US
Mangudadatu's wife, his two sisters, journalists, lawyers, aides, and motorists
solons to PNP: Respect human rights,” Philippine Daily Inquirer, April 18,
who were witnesses. At least 198 suspects were charged with murder,
2007)[83]
including incumbent governor Andal Ampatuan Sr., and his son, Andal
Ampatuan Jr. who was to be a candidate to succeed him.[70] On November 16,  The December 2007 year end report of Karapatan (Alliance for the Advance
2010, the international non-governmental organization Human Rights of People’s Rights) noted only 68 extrajudicial killings vis-a-vis year 2006
Watch issued a 96 page report titled "They Own the People," charting the 209 victims. Karapatan also reported 16,307 human rights violations just
Ampatuans’ rise to power, including their use of violence to expand their for 2007 (which include killings to forcible displacement of communities).
control and eliminate threats to the family’s rule.[71] Therefore, aside from the 887 killings since 2001 under Mrs. Arroyo,
 Karapatan, just for 2007, underscored 35 victims of political killings; 26, of  Twin horrible deaths happened on/circa the same day last year, January
enforced or involuntary disappearance; 8, of abduction; 29, of torture; 15, 2007, that the Supreme Court of the Philippines' (logo or seal) was
129, of illegal arrest; 116, of illegal detention; 330, of threat, harassment mysteriously burned into halves by an almost one hour afternoon
and intimidation; 7,542, of forcible evacuation or displacement, 3,600, of fire.[93][94] Despite different appeals by local and international groups, the
“hamletting”, interalia. As only solution, it petitioned the resignation of spate of extrajudicial killings in the Philippines continued. On January 15,
Mrs. Arroyo.[84] (with 356 left-wing activists murdered). The Philippines 2008, Reynato Puno condemned the murder of Judge Roberto Navidad,
armed forces battled the Communists since 1969, with about 40,000 Regional Trial Court, Branch 32, Calbayog City, Samar, the 15th judge to
victims killed, and it had to ward off killings by Muslim be ambushed since July 20, 1999, the 14th under the Arroyo government.
radicals.[85] However, Justice Undersecretary Ricardo Blancaflor, head of Just starting his engine, black Nissan Patrol SUV (TPL-911), Natividad was
Task Force on Political Violence contradicted Karapatan's submission only shot in the face/left eye, at 7:10 p.m. Monday, by a lone gunman, 5’4" tall
on the number of killings. PNP's Task Force Usig, according to Blancaflor and medium-built, wearing black jacket, using a 45 caliber pistol.[95] On
noted only 141 cases, of which, only 114 are party list members or leftist Tuesday, Catholic missionary Rey Roda, Oblates of Marry Immaculate
activists.[86] (OMI), 54, was shot dead at 8:30 p.m., when he resisted abduction
 On December 13, 2007, Philippine Human Rights Commissioner Dominador attempt by unidentified 10 armed men in a chapel at ikud Tabawan village,
Calamba II, at the Philippine Working Group for an Asean Human Rights South Ubian, Tawi-Tawi, South Ubian. In February 1997, another OMI
Mechanism forum denounced the failure of the government in its treaty leader, Bishop Benjamin de Jesus was shot dead in front of
reporting to the United Nations, due to "13 reports overdue" (reports due the Jolo cathedral.[96] In 2006, the Asian Human Rights Commission stated
on implementation of international covenants signed by the Philippines to that there had been 26 priests, pastors, and churchmen who were
solve discrimination, forced disappearances and extrajudicial killings). executed or were victims of violence under the Gloria Macapagal-
Calamba reported 383 killings filed with the CHR, of which 145 were Arroyo administration since 2001.[97] This includes 3 priests who were
extrajudicial or political in form.[87] reported killed just in 2007: Basilio Bautista of the Iglesia Filipina Reform
Group, in Surigao del Sur, Indonesian priest Fransiskus Madhu, in Kalinga
 On January 1, 2008, the National Union of Journalists (NUJ) paid tribute to
province, and Catholic priest Florante Rigonan, in Ilocos Norte.[98] On
171 journalists killed in 2007. Citing data published by International
January 19, 2008, the Catholic Bishops Conference of the
Federation of Journalists: Iraq was number one, with 65 deaths; in
Philippines (quoting from a letter of Vatican Secretary of State Cardinal
the Philippines, 6 journalists killed on 2007 were Hernani Pastolero (Sultan
Tarciso Bertone), announced that Pope Benedict XVI "praised the courage
Kudarat), Carmelito Palacios (Nueva Ecija), Dodie Nunez (Cavite),
of, and was saddened over the brutal and tragic killing of Fr. Reynaldo
Geruncio "Oscar" Mondejar (Mandaue), Vicente Sumalpong (Tawi-Tawi)
Roda in his ministry as head of Notre Dame School." The Pope wrote Jolo
and Fernando "Batman" Lintuan (Davao City); 54 journalists were
Bishop Angelito Lampon: "calls upon the perpetrators to renounce the
murdered under the administration of President Gloria Macapagal-Arroyo.
ways of violence and to play their part in building a just and peaceful
In 2006, INSI stated that the Philippines was the 2nd most dangerous
society, where all can live together in harmony."[99]
country for journalists, next to Iraq, listing 15 work-related journalists
murdered.[88] On January 4, 2008, the International Federation of  On January 16, 2008, the New York-based international democracy
Journalists (IFJ) Asia-Pacific director Jacqueline Park denounced the watchdog Freedom House dropped or relegated the "freedom status" of
murders of broadcasters Fernando Lintuan in Davao City and former the Philippines to partially free from a list of totally free countries. It based
journalist Romelito Oval, Jr. It petitioned the Philippine government to fully its Philippine status downgrade on the spate of political killings,
investigate 2007 journalists' killings: "5 journalists as well as Oval were "specifically targeting left-wing political activists in the country, freedom in
killed in the Philippines in 2007, which is shocking and reveals the extreme the sloped downward."[100]
dangers that journalists face every day in trying to carry out their work.  On January 18, 2008, the Kilusang Magbubukid ng Pilipinas (KMP), led by
There will be no press freedom in the Philippines until this (situation) KMP chairman Rafael "Ka Paeng" Mariano (president of the Anakpawis),
changes."[89] condemned the January 12 kidnapping and January 16 extrajudicial killing
 On January 4, 2008, Anakpawis Rep. Crispin Beltran filed House Resolution and torture of their farmer and local leader Teldo Rebamonte, 45, Masbate
299 with the House of Representatives of the Philippines to investigate the People’s Organization (who was supposed to join the commemoration of
murders and harassment of trade union/labor leaders in the Philippines. the Mendiola Massacre) in Barangay Nabasagan, Concepcion in Claveria,
He cited the 2007 annual Survey of Trade Union Rights Violations of Burias Island, Masbate.[101]
the International Trade Union Confederation: "33 of the total 144 cases of  On January 23, Karapatan announced that the two latest victims of
trade union killings worldwide happened in the Philippines; and 800 cases extrajudicial killings were: Tildo Rebamonte, 45,
of beatings and torture of trade unionists in the country."[90][91] a Claveria, Masbate carpenter, who was gunned down on January 16, four
 On January 9, 2008, PNP Task Force Usig announced that 3 policemen, 11 days after he was allegedly kidnapped by the Philippine National Police’s
soldiers and 3 militiamen had been arrested or named suspects in killings Regional Mobile Group; and ex-political prisoner Ronald Sendrijas, 35, who
of media men and militants since 2001. Director Jefferson P. Soriano was shot dead in Tagbilaran City, Bohol on January 17.[102]
submitted the report with the 17 names to PNP chief Avelino Razon. As of  On January 23, 2008, (or in just nine days after the murder of a priest)
December 10, TF Usig prosecuted 113 killings cases of party-list members, Pastor Felicisimo Catambis, 60, of the United Church of Christ in the
leftist activists and 27 journalists.[92] Philippines (UCCP) in Catugan, Barangay (village) Balucawe, Leyte town
was shot dead by a still unknown assailant.[103]
  On March 14, 2008, Filipino lawyer Edre Olalia (lead officer of the National The Philippine 1987 Constitution was derived from the 1973 Ferdinand
Union of Peoples’ Lawyers and the Counsels for the Defense of Liberties) Marcos Constitution, its 1981 amendment, from the 1935 constitution, and from
brought the Philippine case and appealed to the United Nations Human the United States Constitution. The United States Constitution was adopted in its
Rights Council (UNHRC), in its 7th Geneva session "to stop the original form on September 17, 1787, by the Constitutional Convention in
extrajudicial killings and abductions in the Philippines". Philippines killings Philadelphia, Pennsylvania, and later ratified by conventions in each state in the
will be examined in the first UNHRC session, periodic review from April 7 name of “the People.” The U.S. Constitution is the oldest written national
to 18, along with those in 15 others of 192 member-countries.[104] constitution except possibly for San Marino ‘s Statutes of 1600, whose status as a
true constitution is disputed by scholars. The Writ of Amparo is a remedy to enforce
 Deepak Obhrai, Parliamentary Secretary to the Minister of Foreign Affairs,
fundamental rights. “among the different procedures that have been established for
in a statement at Canada's House of Commons, commended "the laudable
the protection of human rights, the primary ones that provide direct and immediate
role of the Supreme Court in the preservation of human rights and in the
protection are habeas corpus and amparo.
pursuit of justice." Canadian Ambassador Robert Desjanis sent the
The difference between these two writs is that habeas corpus is designed to enforce
document to Chief Justice Reynato Puno "to underline the value that the
the right to freedom of the person, whereas amparo is designed to protect those
government of Canada attaches to your efforts in this regard as well as to
other fundamental human rights enshrined in the Constitution but not covered by
our continued collaboration in the Justice Reform Initiatives Support
the writ of habeas corpus.”
Project."[105]
The literal translation from Latin of Habeas Data is “you should have the data”.
 In the March, 2008 US Department of State, 2007 Country Reports on Habeas Data is a constitutional right to protect, per lawsuit filed in court, to protect
Human Rights Practices, the US found that extrajudicial and political the image, privacy, honour, information self-determination and freedom of
killings, including those of journalists, by members of the military, police, information of a person. Habeas Data can used to discover what information is held
Communist rebels and other terrorist groups / perpetrators continue to be about his or her person (via rectification or destruction of the personal data held.
a major problem in the Philippines. The report added that "despite Habeas Data originated, inter alia, from the Council of Europe’s 108th Convention
intensified efforts by the Philippine government to investigate and on Data Protection of 1981 (aimed at protecting the privacy of the individual
prosecute these cases, many went unsolved and unpunished."[106] regarding the automated processing of personal data; with right to access their
 The delegates to the 6th Congress of the National Union of Journalists of personal data held in an automated database.
the Philippines (NUJP), led by chairman Jose Torres Jr. renewed calls to an
end to unabated media killing. It reported that the list of journalists
murdered swelled from 60 in 2001 to 96 in 2008. The most recent victims
were gunned down local radio broadcasters of Radio Mindanao Network,
Dennis Cuesta from General Santos City, and Martin Roxas of Roxas
City, Capiz.[107] The NUJP declared August 20, a "National Day of
Mourning" as journalists wore black in protest, as they paid tribute to slain
media practitioners at the Bantayog ng mga Bayani in Quezon City.[108]

Writs of amparo and habeas data

On August 17, 2007 Puno said that the writ of amparo, would bar the
military plea of denial (at a speech at the Volunteers Against Crime and Corruption’s
9th anniversary, Camp Crame). Under the writ, plaintiffs or victims will have the
right of access to information on their lawsuits—a constitutional right called the
“habeas data” derived from constitutions of Latin America. The final draft of these
twin writs (retroactive) will be promulgated on October. Puno tersely summed the
writs “In other words, if you have this right, it would be very, very difficult for State
agents, State authorities to be able to escape from their culpability.”
Puno stated that with the writ of Habeas corpus, the writs of Habeas Data and writ
of amparo will further assist “those looking for missing loved ones“. On August 30,
2007, Puno (speech at Silliman University in Dumaguete City, Negros Oriental)
promised to institute the writ of habeas data (“you should have the idea” or “you
should have the data”). Puno explained that amparo bars alibi, while Habeas Data
“can find out what information is held by the officer, rectify or even the destroy
erroneous data gathered“. Brazil used the writ, followed
by Colombia, Paraguay, Peru, Argentina and Ecuador.