Bisaya Bloggers

“The 10th Infantry Division assures the public that the military troops is committed in bringing peace and will always uphold the basic rights of the populace as they perform their mandated task,” Army Lt. Col. Kurt Decapia said.

He said more troops and armored vehicles, including Howitzer cannons, arrived in the southern Philippines to boost the government’s fighting power against the New People’s Army (NPA), which is being blamed for the spate of attacks in the provinces, especially in Compostela Valley.

Militant groups Karapatan and Bayan have accused the military of violating the rights of indigenous tribesmen and civilians in Mindanao. It said soldiers arrested and tortured many civilians and political activists, including human rights advocates who were accused of supporting the NPA.

The groups also accused two Philippine Air Force servicemen of torturing a six-year old boy in Davao City last week. The boy was playing near a military base when the two soldiers, who were both drunk, seized the child and burned his body with cigarettes.

The rebels vowed to launch more attacks in Mindanao.

Lt. Col. Rolando Bautista, spokesman for the 10th Infantry Division, said the Army’s 1st Mechanized Infantry Battalion land the 3rd Field Artillery Battalion have arrived in Mindanao to augment thousands of troops already deployed in the troubled region to fight the rebels.

He said two dozen armored vehicles and about a dozen Howitzer cannons have been added to the military’s arsenal in the south. “Their arrival is in response to the clamor of the local government executives in the Region to stop the criminal and terrorist acts of the Communist party of the Philippines and the New People’s Army.”

“It has now become a pattern of the communist rebels to target business industries which provide jobs to our people and this has seriously threatened their livelihood. Thus, the augmentation of these troops to our line units, especially in the province of Compostela Valley, will pre-empt the continuous threat posed by these NPA criminals,” he said.

Compostela Valley is one of several provinces in Mindanao where the NPA rebels are actively operating. The NPA, which broke off peace talks with the Philippine government in 2004, is fighting the past four decades for the establishment of a Maoist state in the country. (Mindanao Examiner)

Rigoberto Sanchez, a spokesman for the New People’s Army, said government intelligence agents were behind the attack Thursday that also wounded at least a dozen civilians.

The Philippine Army said rebels were behind the attack that targeted motorcycle taxi drivers who were suspected by the NPA as government spies.

"It was the handiwork of the New People's Army rebels,” said Captain Michael Aquino, of the 10th Infantry Division. “We have reports saying that the attack targeted the 'habal-habal' drivers in the area because the NPA suspected them as government spies."

Sanchez denied the allegations. “There is no tinge of truth to this. The enemy is just manufacturing stories to divert attention from the successive and successful tactical offensives by the NPA. The revolutionary forces condemn this criminal attack against civilians,” he said.

The NPA also tagged military agents as behind the murder of a Bagobo tribal chieftain Dominador Diarog, in Davao City, in April this year. Sanchez said the NPA has stepped up attacks on police and military targets in retaliation to widespread human rights violations among other crimes and repression of civilians in Mindanao.

"The series of tactical offensives are meant to punish the Arroyo regime for its despicable crimes of large-scale corruption, imperialist plunder and fascist atrocities on the people," he said.

On Thursday, dozens of insurgents on raided a police base in Banaybanay town in Davao Oriental province and carted away over a dozen weapons, mostly automatic rifles and ammunition. Last week, insurgents also raided a police station in Surigao del Norte's Dapa town.

The NPA is fighting the past four decades for the establishment of a Maoist state in the country. Rebel leaders broke off peace talk with the Arroyo government in 2004 after accusing Manila of reneging on its commitment to free all political prisoners and to put a stop to political killings, among others. (Mindanao Examiner)

HONG KONG - Twelve years ago tomorrow, Colonel Rolando Abadilla, an influential police colonel during the regime of late President Ferdinand Marcos, was murdered.

His murder resulted in the arrest of five men now known as the Abadilla Five, who through the years have persisted in challenging their conviction for his murder in court.

Moon Jeong Ho, AHRC urgent appeals programme coordinator, has reminded the Supreme Court (SC) , where the Abadilla Five's appeals for Petition for Review on Certiorari remains pending since May 5, to take notice of the number of years the appellants have spent in jail.

He said the SC has yet to make a ruling on the appellants’ petitions challenging the April 1 decision by the Court of Appeals (CA) which affirms the decision by the lower court convicting them for murder. The five appellants were sentenced to life imprisonment as the CA amended its original sentence of death.

"Once again we urge the SC to act promptly to effectively resolve the petition of the appellants", Moon said as he renews his appeal.

Meanwhile, as Moon welcomes the Commission on Human Rights’ (CHR) decision to resume their long overdue investigation into the case of another five men, collectively known as Tagaytay Five, he also urges the CHR to act on the pending complaint of torture and violations of rights filed by the Abadilla Five.

The Tagaytay Five, namely Riel Custodio, Axel Pinpin, Enrico Ybanez, Michael Mesias and Aristides Sarmiento, have filed complaints against the policemen who arrested and detained them with the CHR on June 2006; however, they have not been able either to conclude or recommend the filing of cases in court since.

The AHRC also issued an appeal on their case following their arrest and incommunicado detention for several days on 28 April 2006. See: UA-143-2006.

However, while the Tagaytay Five's complaint is yet to be concluded, the CHR’s recommendation to prosecute the police officers and those responsible for arresting, detaining and torturing the Abadilla Five has not been filed in court for the last 12 years. See: AHRC-STM-037-2008.

The CHR concluded on July 1996 that the Abadilla Five's rights have been violated and subsequently recommended the filing of charges in court. However, the case remains pending with the Office of the Ombudsman for the Military and Other Law Enforcement Offices (MOLEO).

The last information received from the MOLEO's office was on 16 July 2007, wherein the Abadilla Five's legal counsel lawyer Soliman Santos was notified that the case is "still pending (for) preliminary investigation."

Moon instead urges the CHR into taking effective measures to monitor cases to ensure the effective prosecution of perpetrators and to afford victims adequate remedies.

Maging si Davao City Mayor Rodrigo Duterte ay ipinagtanggol rin si Quiboloy, na kanyang matalik na kaibigan, at sinabing isa itong marangal na tao.

”The NPA has no quarrel with Apollo Quiboloy's prayerful flock. But this multi-millionaire pastor's elitist arrogance and deep-seated contempt for lumads and peasants who resist his land grabbing practices rightly deserves the public ridicule and mounting isolation that he is earning,” ani Sanchez.

Si Quiboloy ang pinuno ng “The Kingdom Of Jesus Christ, The Name Above Every Name,” at ng ACQ Kingdom Broadcasting Network sa Davao City at president rin ng Jose Maria College. (Mindanao Examiner)

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information from the Center for Trade Union and Human Rights (CTUHR) that an activist has continuously been under surveillance allegedly by the military. After having his case reported police authorities have conducted an inquiry about his current situation but they failed to provide him any protection.

UPDATE INFORMATION: (based on information received from Center for Trade Union and Human Rights (CTUHR))

As earlier reported in our previous appeal, Dante F. Senillo has since been receiving serious threats from the military in Ormoc City, Leyte since April 2004. He, however, was afraid to report to the police as he believes the military may come to know of his whereabouts instead. (See further AHRC-UAC-044-2008).

According to the information newly obtained, two police officers, one of whom identified as Sergeant Bereso, had visited his house at around 1pm on 4 April 2008. The officers told him that they have received a letter regarding his situation. They also asked him some questions about his current situation. They asked him whether he is still experiencing harassments from the 19th Infantry Battalion (IB) presently and that he had witnesses to prove the incidents regarding the threats mentioned in the copy of letter they had.

They also questioned him about his current job; when he started affiliating with the National Federation of Labour Union -Kilusang Mayo Uno (NAFLU-KMU) and whether he is still actively communicating with the said federation, amongst others. However, there has not been any actual assistance or adequate protection provided to him so far.

Meanwhile, at around 9:45am on April 9, Dante took a ride on a van going to Isabel, Leyte to attend the monthly board meeting of NAFLU-KMU. He arrived in Barangay Libertad, Isabel around 11am. As he entered the Gate 2 of Philphos Company, he noticed someone had been following him. Upon reaching the canteen inside the premises of the company, the man whom Dante suspected following him, had approached.

The man then asked Dante some dubious questions like where he is going, what his job is and what he is doing in that company. According to Dante, the man was wearing a short and fatigue shirt with the abbreviation PA printed on it, which means Philippine Army.

At exactly 12:30, the company bus service came to pick up the company employees who were waiting in the bus stop. He rode on the bus and went to the union office. However, he was not sure if the man who approached him also followed him on the bus up to his destination.

BACKGROUND INFORMATION:

The high number of extrajudicial killings in the Philippines is a result from far higher level of threats and intimidation on the human rights defenders in the Philippines. Killings and threats to the human rights defenders in fact reflect that fear is manifested in the society and the government rules people by fear. Many times, the victims who receive serious threats from the military or police do not report their cases to any government authorities fearing that their location would be exposed. The circle of serious threats often ends only after a victim is arrested or killed. (See further: AHRC-UAU-011-2008, AHRC-UAC-010-2008)

In the Philippines, policemen are seen as adversaries by the activists for having been involved in carrying attempts on their lives and for their inaction in affording them any form of protection. Often, when an activist faces and receives threats to his or herself, going to police station and concerned authorities is not an option. They rather take upon themselves any arrangement for protection.

The AHRC has in recent times has expressed serious concerns over the continuing violence and the lack of protection to activists facing threats in the Philippines. Please refer to AHRC-STM-016-2008, AHRC-STM-014-2008, AHRC-STM-009-2008, AHRC-STM-007-2008.

Regarding hindrances and difficulties for a victim to get justice are described in the chapter on the Philippines in 2007 country report of the AHRC.

SUGGESTED ACTION:Please write letters to the government authorities urging them to investigate this continuing surveillance allegedly by military against Dante.

The Asian Human Rights Commission (AHRC) is shocked to learn that a labour leader who survived an earlier attempt on his life in April 2006 was shot dead this morning, March 10.

Gerardo Cristobal (a.k.a. Gerry) was driving his vehicle when armed men riding in another vehicle open fired at him soon after chasing him. He suffered several fatal gunshot wounds which killed him instantly. Gerardo, an organizer of labour unions in Cavite, South of Manila, had been facing continuing threats since surviving the 2006 incident.

CASE DETAILS: (according to information received from Center for Trade Union and Human Rights (CTUHR))

As described in our previous appeal (UA-142-2006; UP-098-2006), labour activist Gerardo Cristobal (a.k.a. Gerry) survived an earlier attempt on his life on 28 April 2006 by gunmen later identified as a member of the police force and another man who was said to be a member of the civil security unit.

At around 8 am this morning, Gerardo was driving his car from his house in Barangay (village) Malagasang II, Imus, Cavite when armed men riding in another vehicle chased him and subsequently open fired at him as they chased him towards a crowded place in the said municipality.

It is reported that the Scene of the Crime Operatives (Soco), who are supposed to conduct an onsite investigation, allegedly asked a local funeral home in Dasmarinas to collect Gerardo's body instead of conducting an investigation at the crime scene. Gerardo's body was later transferred to another funeral home. As of yet, the complete details regarding Gerardo's have not been made available.

In April 2006, Gerardo survived an attempt on his life after having exchanged fire with his attackers who were later identified as Senior Police Office 1 (SP01) Romeo Lara, a member of police' intelligence unit in Imus, Cavite and his companion, Larry Reyes, a member of the Civil Security Unit (CSU) of the same municipality. Gerardo at the time had to carry his own licensed firearm for protection due to continuing threats against him.

At the time, Gerardo suffered multiple gunshots wound but later recovered after receiving medical treatment. After the ambush, the local police claimed instead that it was Gerardo who had ambushed the police and security forces, and subsequently filed charges of frustrated murder against him. This, however, was contrary to Gerardo's version of story.

Eight months later, December 2006, Gerardo's colleague, Jesus Servida (a.k.a. Buth) was also shot dead in front of the factory where they help organizing unions. Two other workers, Joel Sale and Kenny Mari Severo, were also wounded during the shooting. For further information please read: UA-399-2006. None of the perpetrators in this case have so far been identified, arrested and prosecuted for the murder.

ADDITIONAL COMMENTS:
The murder of Gerardo Cristobal demonstrates the severity of the security problem and the lack of safety of activists. In Gerardo's case, apart from having no choice but to carry his own firearms for protection, there has not been any known action or arrangement afforded to him that he be afforded with security for his safety by the authorities.

In the Philippines, policemen are seen as adversaries by the activists for having been involved in carrying attempts on their lives and for their inaction into affording them any form of protection.

Gerardo's death is a case in point. Often, when an activist faces and receives threats to his or herself, going to police station and concerned authorities is not an option. They rather take upon themselves any arrangement for protection. There are also cases where a person facing threats refuses to divulge his plight to his anyone.

This, however, has been proven fatal in most cases involving killings of activists. In May 2006, activist Elena Mendiola (a.k.a. Baby) was also shot dead after having been survived an earlier attempt on her life. For details please read: UP-106-2006.

The AHRC has in recent times has expressed serious concerns over the continuing violence and the lack of protection to activists facing threats in the Philippines.

AHRC-STM-016-2008: PHILIPPINES: KILLINGS - Two more killings: a priest and a judge - a symptom of lawlessness

AHRC-STM-014-2008: PHILIPPINES: KILLINGS – Why can't security forces act without being asked?

AHRC-STM-009-2008: PHILIPPINES: KILLINGS – Claims of police efficiency at odds with reality

AHRC-STM-007-2008: PHILIPPINES: Killings leave deeply entrenched fear and distrust

SUGGESTED ACTION:Please write letters to the concerned authorities demanding their immediate attention into the killing of Gerardo Cristobal. An inquiry must be conducted as to who is responsible for his death and why the authorities have failed to afford him adequate protection. Those involved in the previous attempt on his life, in particular the police, must also be investigated to establish whether or not they have any involvement in his murder.

The AHRC writes letter to the UN Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions and Special Representative of the Secretary General for human rights defenders calling for interventions in this matter.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,
PHILIPPINES: Labour leader who survives an earlier attempt on his life is killed
Name of victim: Gerardo Cristobal (35), a resident of Barangay (village) Malagasang II, Imus, CaviteAlleged perpetrators: unidentified armed menPlace of incident: Barangay (village) Malagasang, Imus, CaviteDate of incident: At around 8am, 10 March 2008.

I am shocked to learn that Gerardo Cristobal (a.k.a. Gerry), a labour activist who survived an attempt on his life in April 2006 had been shot dead on March 10, 2008. He was riding in his service vehicle coming from his place when armed men riding in another vehicle open fired at him and the vehicle he was driving. Gerardo died instantly due to multiple gunshot wounds he suffered during the attack.

I am aware that prior to his killing, Gerardo had earlier survived an attempt on his life by perpetrators later identified as a member of a police intelligence unit and security forces. However, none of those involved in previous attack on him have been held to account.

In fact, I have learned that Gerardo was instead been charged for supposedly attempting to murder the policeman and members of security forces who actually were responsible in attacking him.

I am also aware that Gerardo's colleague, Jesus Servida (a.k.a. Buth), was shot dead in December 2006, eight months after the first attack on Gerardo. Two other workers were also wounded during the said attack. However, I am not aware of any progress regarding these two separate incidents; nor the perpetrators responsible been held to account. None of those involved in shooting Jesus to death, wounding the two workers, and the first attempt on Gerardo's life have been held to account.

Also, I am deeply concerned by the reported action taken by the Scene of the Crime Operatives (Soco) in Gerardo's case for allegedly not properly conducting investigation at the crime scene. I have been informed that instead of conducting proper onsite investigation, the police have instead reportedly instructed a funeral parlor to take the victim's body out with them.

In so doing, I am seriously concerned that even at the early stage of investigation it has already been undermined as a result of the police' negligence and inaction. I urge you to look into these allegations seriously and have the policemen involved investigated.

It is disappointing that human rights and labour activists has since been continuously becomes target of these killings and atrocities. I am aware that this is not the first time wherein an activist is killed after surviving an earlier attempt on their lives. I am extremely shocked by this deteriorating condition and the continued lack of protection for human rights and labour activists in the country.

I therefore urge you that any action taken in Gerardo's case must be effective and adequate, in particular of ensuring that those responsible are held to account.

Yours sincerely,

-------------------

PLEASE SEND YOUR LETTERS TO:

1. Mrs. Gloria Macapagal-Arroyo
President
Republic of the Philippines
Malacanang Palace
JP Laurel Street, San Miguel
Manila 1005
PHILIPPINES
Fax: +63 2 736 1010 Tel: +63 2 735 6201 / 564 1451 to 80
E-mail: corres@op.gov.ph

2. Mrs. Purificacion Quisumbing
Commissioner
Commission on Human Rights
SAAC Bldg., Commonwealth Avenue
U.P. Complex, DilimanQuezon City
PHILIPPINES
Fax: +63 2 929 0102 Tel: +63 2 928 5655 / 926 6188
E-mail: drpvq@yahoo.com

3. Deputy Director General Avelino Razon
Chief, Philippine National Police (PNP)
Camp General Rafael Crame
Quezon City
PHILIPPINES
Fax: +63 2724 8763 Tel: +63 2 726 4361/4366/8763
E-mail: bluetree73@gmail.com

4. Mr. Raul Gonzalez
Secretary
Department of Justice (DoJ)
DOJ Bldg., Padre Faura1004
Manila
PHILIPPINES
Fax: +63 2 521 1614
E-mail: agnesdeva@yahoo.com

5. Gen. Hermogenes Esperon
Chief of Staff
Armed Forces of the Philippines (AFP)
AFP-GHQ Offices, Camp Gen. Emilio Aguinaldo
Quezon City
PHILIPPINES
Fax: +63 2 911 6436 Tel: +63 2 911 6001 to 50

Thank you.

Urgent Appeals ProgrammeAsian Human Rights Commission (ua@ahrchk.org)

The militant group PASAKA Lumad Confederation said more than 1,500 Manobo tribesmen have been affected by the military offensive in several hinterland villages in Surigao del Sur province, where soldiers were pursuing communist insurgents since last week.

Datu Monico Cayog, one of the group's leaders, also accused soldiers of violating human rights of many natives on mere suspicion they were rebel supporters.

The military offensive was triggered by a rebel ambush Saturday of government soldiers that injured more than dozen infantrymen in the town of Lianga.

But Cayog, a Bagobo tribal leader, said: "The death of a military man due to an NPA landmine explosion was not the fault of the civilian communities, but every time there is a military casualty, civilians always suffer from the military's vengeful attacks."

He also appealed for aid to help feed natives in evacuation areas.

"The Lumad in Surigao need all the help from concerned institutions, churches and individuals," he said.

PASAKA is composed of 25 different Lumad organizations in southern Mindanao and North Cotabato. (Mindanao Examiner)

DAVAO CITY, Philippines (Mindanao Examiner / Oct. 1, 2007) — A Filipino human rights group on Monday praised the Supreme Court for upholding the Writ of Amparo that would protect citizens from human rights abuses and extra-judicial killings and enforced disappearances in the Philippines.

Kelley Delgado, Karapatan Secretary General, said the Writ of Amparo is a remedy made available for the victims of human rights abuses and to the worsening human rights situation in the country.

“As human rights defender, the Writ of Amparo is a welcome step particularly to the victims of human rights abuses. This will block the military to invoke in their defense the ‘presumption of regularity’, Delgado said in a statement sent to the Mindanao Examiner.

The presumption of regularity, he said, is often used as an excuse by the military that official duty has been regularly performed to evade responsibility or liability and will further bar officers in judicial proceedings to issue denial answers regarding petitions on extrajudicial killings and enforced disappearances.

He said as the writ of Amparo which will take effect on October 24 will compel state agents to look for the missing person or surface those who are believed to be in their hands.

“The decision will hopefully make the military and its cohorts to rethink their attacks against human rights, if not really stop them from perpetuating these abuses,” Delgado said.

Chief Justice Reynato Puno officially announced the approval of the Writ of Amparo last month.

Amparo, a Spanish word that means protection is a Mexican legal procedure that aimed at protecting human rights. The "recurso de amparo" is an exhaustive remedy which originated from Latin America's Mexican, Chile and Argentina legal systems.

Mexico's Amparo is found in Articles 103 and 107 of the Mexican Constitution -- the judicial review of governmental action, to empower state courts to protect individuals against state abuses.

"The law now allows kin of human rights victims to file and invoke the petition before the Regional Trial Court of the place where the threat, act or omission was omitted. The writ shall be enforceable anywhere," Delgado said.

Karapatan said that since President Gloria Arroyo became president in 2001, there have close to 1,000 extra-judicial executions and hundreds of abductions, mostly political activists.

Amnesty International and the United Nations Special Rapporteur Philip Alston have reported similar findings.

Militant and left-wing groups have blamed the military for the killings and other human rights violations as part of the government’s counterinsurgency program.

The United States also expressed concern that US aid to the Philippine military and police is being used to commit the killings.

MANILA, Philippines (Mindanao Examiner / 21 Sept) - Mariing kinokondena ngayon ng UP SINING AT LIPUNAN (UP SILIP) ang pahayag mula sa Movie and Television Review and Classification Board (MTRCB) na pagkakategorya bilang X-Rated sa RIGHTS - isang koleksyon ng mga public service announcements mula sa iba’t ibang filmmakers.

Ayon sa MTRCB, makaisang panig at pagmamaliit sa pamahalaan ang nilalaman ng naturang maiikiling vidyo kaya't di ito nararapat na maipalabas sa publiko.

Tampok sa mga vidyo na ito ang mga pananaw ng mga artista't filmmaker sa iba't ibang isyu ukol sa karapatang pantao—mga sapilitang pagkawala, pulitikal na pamamaslang, pagsupil sa kalayaan sa pamamahayag at iba pang paglabag sa karapatang pantao.

Ngunit ang bawat artista ay may kalayaang pumili ng nais niyang panigan. Sa pagkakataong ito, sa mga biktima - ang mamamayan, ani ng UP SILIP. Ang ganitong uri ng paniniil, ayon sa UP SILIP, ay isang paghadlang sa karapatan at kalayaan ng mga alagad ng midya at ng sining na magpahayag.

"Marahil ay takot lamang ang mga institusyong ito na makita ang tunay na mga kaganapang sila mismo ay ayaw nilang harapin at tugunan," ayon sa UP SILIP.

Naniniwala ang UP SILIP na ang pelikula ay isang makapangyarihang porma ng sining at nararapat lamang na magsilbi ito sa panlipunang pagbabago.

Kaya naman bagkus na censorship, pagkilala at pagpupugay ang dapat ihandog sa grupo ng mga filmmakers na ito na ginamit ang kanilang sining para ipamalas ang katotohanan.

"At sa ganitong mga insidente ng represyon, higit lamang nilang pinupukaw ang pagnanais ng mga artista't filmmaker na patuloy na lumikha, magsiwalat at magmulat," dagdag pa ng grupo.

DAVAO CITY (Mindanao Examiner / 13 Jul) – Death is coming and it came too fast for a father who was mercilessly killed in front of his son in the southern Filipino port city of Davao.

The victim, Rosito Campus, 43, was stabbed dead late Friday afternoon by unidentified men on motorcycle.

Just like the others, the latest victim had a shadowy past – he was implicated in a series of robbery and had posted bail after being arrested by the police.

Campus was with his four-year old son when three men attacked him on a busy area near downtown Davao. The boy was not harmed.

Police was quick to blame the vigilante group Davao Death Squad as behind the attack. From guns, the vigilante group now uses knives to kill their prey – it is silent and swift.

Campus was one of many suspected criminals and thieves murdered in Davao City the past months. Hundreds have been executed over the years and relatives blamed authorities for the attacks. (Romy Bwaga)

COTABATO CITY (Mindanao Examiner / 06 Jun) – A senior member of the militant political group Bayan Muna (People First) was kidnapped in the southern region of Mindanao, police said on Wednesday.

Police said gunmen seized Gilbert Cardeno in Koronadal City in South Cotabato province. The Philippine military tagged Bayan Muna as a leftist organization.

Cardeno is said to be the group’s regional coordinator in Mindanao. Bayan Muna is composed mainly of workers, farmers, professionals and other progressive sectors that champion the cause of “New Politics, the Politics of Change” in the Philippines.

Political activists blamed the military for the missing man. The latest kidnapping of Bayan Muna member is only one of many unresolved cases in the Philippines.

Political groups opposed to President Gloria Arroyo’s rule accused her government as behind the disappearance and murder of more than 850 activists in the country.

The Philippine military denied it was behind the extra-judicial killings of political activists.
Last month, a pastor of the United Church of Christ of the Philippines, Berlin Guerrero, was abducted by gunmen in Binan town in Kaguna province, outside Manila.

But it turned out that government soldiers were behind his abduction on suspicion that Guerrero is a senior leader of the New People's Army and is allegedly facing murder charges.

Guerrero said soldiers tortured him to force confession and denied all allegations against him.

Filipino religious groups condemned the arrest. (With reports from Mark Navales and Juan Magtanggol)

QUEZON CITY (Mindanao Examiner / 25 Apr) - Hindi mapapanagot ang tropa ng mga sundalong sinasabing responsable sa pagkakapaslang ng isang 9-anyos na bata na unang pinagbintangang gerilya ng militar sa sagupaan sa Compostela Valley.

Kasabay nito, ipinahayag kanina ni Army General Carlos Holganza ang pagdududa na isang rebelde ang napatay na si Grecil Buya dahil sadyang napakabata umano nito upang maging mandirigma.

Mas naniniwala pa si Holganza na nasawi si Gelacio sa gitna ng sagupaan ng mga rebelde at militar kaysa sa sinasabing napatumba ito sa giyera.

Depensa ng heneral, maraming indikasyon na isa lamang ordinaryong residente na nadamay o natamaan sa barilan ng mga komunista at tropa ng pamahalaan ang naturang biktima.

"Why should they be held accountable? Her death, at the very least, it was a crossfire incident. "There are indications that point towards crossfire. There are very, very strong indications," ani Holganza.

Gayunman, sinabi ni Holganza na handa itong humingi ng paumanhin sa pamilya Gelacio kung mapatutunayang napatay ito sa crossfire nuong Marso.

Nauna nang kinasuhan ng pamilya ng bata ang tropa ng mga sundalong nakapatay sa menor de edad sa katwirang sabon at hindi M16 rifle ang dala ng kanilang anak.

Nabatid naman kay Holganza na sinuspinde nito ang imbestigasyon sa naturang insidente nang tumanggi ang ama ni Grecil, na pinaghihinalaan ring NPA, na makipagtulungan sa mga awtoridad. (Juley Reyes)

MANILA (Mindanao Examiner / 29 Mar) – Mistulang nabahag ang buntot ng militar matapos na sabihan ng Malakanyang na kailangan ng tanggalin ang mga sundalo sa lansangan ng Metro Manila.

Bagama’t unang nagmatigas ang militar sa panawagan ng mga militanteng grupo at oposisyon ay tila tiklop naman ito sa kagustuhan ng nasa Palasyo matapos na mismong si Executive Secretary Eduardo Ermita ang nagsabing dapat na lagyan ng timeline ang unti-unting pull-out ng tropa sa Metro.

Ngunit mabilis naman na itinanggi ng Armed Forces at Defense Department na sunod-sunuran ang mga ito sa kagustuhan ng administrasyong Arroyo.

Nagkataon lamang umano na magtatapos ang ilang proyekto ng Armed Forces sa Metro Manila kung kayat maaaring magkaroon ng pagsamantalang pag-pull out sa mga sundalo nito sa Mayo ng kasalukuyang taon.

Katwiran ito ngayon ni AFP Chief of Staff General Hermogenes Esperon, Jr. na aniya'y ang pag-aalis ng puwersa ng militar sa Kalakhang Maynila ay nakadepende sa assessment ng National Capital Region Command (NCRCom).

Bago ang halalan aniya ay maaaring makumpleto na ang konstruksyon ng mga day care centers at pampublikong palikuran na tinatrabaho sa kasalukuyan ng mga sundalo sa mga barangay.
Aminado si Esperon na may mga plano na ring tuluyang tapusin ang mga aktibidad sa Metro Manila.

Gayunman, nilinaw ni Defense Secretary Hermogenes Ebdane Jr., na ang balaking pag-pull out sa troop deployment ay hindi pagsunod sa hirit ni Ermita na magtakda ng timeline ang AFP para tuldukan ang mga proyekto.

"Ermita's statements are always misquoted. He asked the military to consider a timeline, not to set a timeline," ani Ebdane.

"He is leaving the up to the AFP and the defense department. There is a review and the decision will come from the chief of staff. He does not want to micro-manage," dagdag nito.

Samantala, binalingan naman ni Esperon ang pagbanat na isasagawa ng Europa hinggil sa usapin ng extrajudicial killings sa Pilipinas.

Sinabi ni Esperon na hindi makatarungan ang pahayag ni United Nations rapporteur Philip Alston na nagbabalang mawawalan ng international support ang bansa kung mabibigong tapusin ang mga political killing.

Sa una pa lamang aniya, matapos na tulungan ng AFP ang UN rapporteur sa imbestigasyon nito ay nakatikim na ng pagkastigo at pagdidiin ang militar.

Ayon kay Esperon, nabigo si Alston na bigyang-pahalaga ang matinding pagsusumikap ng gobyerno na matuldukan ang mga pagpaslang ng militante at mamamahayag.Hindi rin aniya dapat pinanghihimasukan at binibigyan ng maling interpretasyon ang operasyon ng militar laban sa insureksyon.

Una nang inilantad ni Alston na "Order of Battle" approach ang paraan ng kampanya ng AFP kontra komunismo kung saan ay maaaring magbigay-daan sa pagpapatumba ng mga maling kalaban sapagkat nakabase lang na intelligence ang impormasyon.

Maliwanag rin umano na sa counter-insurgency campaign ng gobyerno ay bukas o nakakatulong pa para maging lehitimo ang extrajudicial killings.

Ngunit, para kay Esperon, hindi kinukunsinti ng AFP ang ilegal na pagpaslang at sa katunayan ay mga kaukulang imbestigasyon at prosekusyon ang kanilang hanay sa mga suspek sa extrajudicial killings. (Juley Reyes at Chris Navarra)

CAGAYAN DE ORO CITY (Mindanao Examiner / 11 Mar) – An unidentified gunman shot dead a political activist in an attack near an army detachment in the southern Philippines, militant groups said.

Cheche Gandinao, a member of the militant party list group, Bayan Muna, was killed in Misamis Oriental’s Salay town on Saturday. The murder of the 56-year old activist came barely a month after she testified in a UN probe headed by Philip Alston on extra-judicial killings in Davao City.

Alston was convinced that the military was behind most of the killings of political activists in the Philippines.

Gandinao, the 14th activist killed in the Philippine this year, was shot at least four times in the body and head. Her father-in-law, a peasant leader, was also killed in similar attack in February.

Gandinao’s killer fled on motorcycle after the attack which occurred just several blocks away from the military detachment manned by militias.

No group or individual claimed responsibility for the attack, but militant groups blamed the military for the killing. (Mindanao Examiner)

The Philippines, with a population of 87 million, is a democratic republic with an elected president, an elected bicameral legislature, and a multiparty system. The May 2004 national elections for president and both houses of congress continued to be a source of contention, with unsuccessful attempts in 2005 and during the year to impeach the president on grounds of alleged election fraud. Civilian authorities generally maintained effective control of the security forces; however, some elements of these security forces committed human rights abuses.

During the year there were a number of arbitrary, unlawful, and extrajudicial killings apparently by elements of the security services and of political killings, including killings of journalists, by a variety of actors. Many of these killings went unsolved and unpunished, contributing to a climate of impunity, despite intensified government efforts during the year to investigate and prosecute these cases. Members of the security services committed acts of physical and psychological abuse on suspects and detainees, and there were instances of torture. Arbitrary or warrantless arrests and detentions were common. Trials were delayed and procedures were prolonged.

Prisoners awaiting trial and those already convicted were often held under primitive conditions. Corruption was a problem in all the institutions making up the criminal justice system, including police, prosecutorial, and judicial organs. During a brief "state of emergency" in February, there was some attempted interference in freedom of the press and in the right of assembly. In addition to the killings mentioned above, leftwing and human rights activists were often subject to harassment by local security forces. Problems such as violence against women and abuse of children, child prostitution, trafficking in persons, child labor, and ineffective enforcement of worker rights were common.

In addition to killing soldiers and police officers in armed encounters, the New People's Army (NPA, the military wing of the Communist Party) killed local government officials, and ordinary civilians, including through the use of landmines, and were suspected in many of the killings of leftwing activists. The NPA also used underage soldiers in combat roles. Terrorist groups committed bombings that caused civilian casualties, and these groups also used underage soldiers.

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including Freedom From:
a. Arbitrary or Unlawful Deprivation of Life
Security forces and antigovernment insurgents committed a number of arbitrary and unlawful killings. The Commission on Human Rights (CHR) investigated 296 complaints of killings between January and November, compared with a total of 453 complaints of killings during 2005. The CHR suspected personnel from the Philippine National Police (PNP) and Armed Forces of the Philippines (AFP) in a number of the killings of leftist activists operating in rural areas that it investigated during the year. A number of allegations of summary executions by government security forces were referred to the nongovernmental organization (NGO) Task Force Detainees of the Philippines (TFDP); TFDP was unable to investigate all of these allegations, but it did document the summary executions of 20 individuals by government forces through December.

On May 12, the Department of Interior and Local Government formed "Task Force Usig" within the PNP to investigate the killings of activists and journalists (see section 2.a.). Through December, the task force recorded 142 killings since 2001; 68 of these led to cases filed in court, with one conviction so far, and the remainder still under investigation.

On August 20, President Arroyo created an independent commission headed by former supreme court justice Jose A. Melo to investigate patterns in the killings of journalists and leftist activists and to make policy and legislative recommendations for dealing with the problem. The commission completed its investigation in December and was expected to submit its report to the president in January 2007.

The following are examples of arbitrary and unlawful killings during the year:
On April 12, a gunman, subsequently identified as a police officer, shot and killed environmental activist Elpidio de la Victoria in Talisay City, Cebu. The police officer was allegedly acting as a hired gunman for a private businessman. On September 18, a trial court judge in Cebu convicted police officer Marcial Ocampo and sentenced him to 20 to 40 years in prison.

On May 29, three assailants on a motorcycle shot and killed Sotero Llamas, a former adviser of the Communist Party (CPP)-aligned National Democratic Front (NDF) in Tabaco City, Albay Province. Task Force Usig identified two suspects, an alleged former NPA commander and a discharged former Philippine Army member. Witnesses were identified and murder charges were filed, although by year's end no arrests had been made.

On July 31, unidentified men in two vans fired on Constancio Claver, a doctor and provincial leader of Bayan Muna, and his wife Alice, local coordinator of the same group, in Tabuk, Kalinga Province, wounding Constancio and killing his wife. The PNP chief relieved the head of the Kalinga police from his post in order to create a climate of trust in the course of investigation.

On September 22, the PNP Criminal Investigation Group filed charges of murder and three counts of frustrated murder against a Kalinga police officer, who was also the bodyguard and driver of the relieved police chief. At year's end, the suspect was in restrictive police custody and the case was with the local prosecutor for preliminary investigation.

On August 3, approximately 10 masked gunmen shot and killed United Methodist Church pastor Isaias Santa Rosa in Daraga, Albay. Santa Rosa was a member of a Bicol region leftist farmers' group. His family alleged that the gunmen tortured him and forced him to confess that he was a communist rebel. The police found another dead man at the site of the incident, later identified as an army military intelligence group corporal, whom Santa Rosa's family alleged was among the group of armed men. The police were still investigating the case as of the end of December.

Investigations of cases from 2004 and 2005, including killings of judges (see section 1.e.), were still ongoing:
In March 2005 gunmen killed a leader of Bayan Muna and a priest of the Aglipayan Church who were involved in supporting a strike by plantation workers in Tarlac Province; officials arrested a suspect in the case of the priest's killing. At year's end, a trial was underway in a Tarlac court, and the suspect was still detained.

The CHR has not released a final report of its investigation of the 2004 killing by security forces of seven persons during the strike of plantation workers in Tarlac Province.

There were no developments in the investigation of the March 2005 killing of Bayan Muna coordinator Felidito Dacut. Task Force Usig alleged that members of the CPP/NPA Eastern Visayas Regional Party Committee were possible suspects.

The killings of United Church of Christ in the Philippines pastors in May and August 2005 were still under investigation at year's end.

Two members of the Philippine Army were charged with murder for the October 2005 killing of Ricardo Ramos, a leader of the sugar workers' union at the Hacienda Luisita, Tarlac Province. The criminal case was under preliminary investigation by a local prosecutor, although it was on trial in a military court at year's end.

The trial in the case of the 2004 killing of Bayan Muna members Juvy Magsino and Leyma Fortu in Mindoro Oriental was ongoing in a Quezon City trial court at year's end. In 2004 the police arrested one suspect, allegedly a hired gun, on murder charges; another unidentified suspect was still at large.

On September 13, Task Force Usig filed charges against a former police officer in the 2004 killing of human rights activist Jacinto Manahan. At year's end, the case was still under preliminary investigation by the local prosecutor and the suspect had not been arrested.

In recent years, there have been deaths as a result of military hazing. There were no developments in the 2004 case of a PNP cadet who died allegedly from maltreatment during training. On February 3, the Sandiganbayan (antigraft court) dismissed criminal charges against five officials of the Philippine Merchant Marine Academy who were accused as accomplices in the 2001 death of a freshman cadet as a result of hazing.

Government forces killed a number of civilians during clashes with antigovernment forces and with the terrorist Abu Sayyaf Group (ASG) and the NPA (see section 1.g.).

The terrorist group ASG and the Rajah Solaiman Movement (RSM) continued to kill civilians in bombings throughout the year (see section 1.g.).

In March ASG terrorists bombed a convenience store in Jolo City, killing five civilians and wounding 25 others. Authorities suspected the ASG of bombings in Mindanao during August 2005 that injured dozens of civilians.

An Indonesian ranking member of the terrorist group Jemaah Islamiyah, an operative of the RSM, and an ASG member were sentenced to death in October 2005 for the 2005 Valentine's Day bombing in Manila, which killed four people. Indonesian authorities arrested an Al-Qaeda-linked suspect in two simultaneous February 2005 Mindanao bombings.

At year's end, the trial of five alleged Moro Islamic Liberation Front (MILF) members for the 2003 Davao airport and seaport bombing was underway.

Communist insurgents, mainly from the NPA, continued to kill political figures, military and police officers, and civilians, including suspected military and police informers. On June 13, NPA rebels killed nine soldiers of the 50th Infantry Battalion and injured three others during an ambush in Ilocos Sur. In 2004 authorities arrested and charged 15 suspected NPA members for the killing of the police chief of Angat, Bulacan. There have been no known developments in the case since the arrests.

Vigilante groups are suspected of conducting summary killings of suspected criminals in two major cities and local officials appeared to condone and even encourage them. Through December, Kabataan Consortium, a group of human rights NGOs, documented 76 apparent vigilante killings in Davao City, Mindanao.

In Cebu City in the Central Visayan Region, more than 70 persons were killed through December. The cities of Toledo and Carcar on Cebu island also saw apparent illegal killings. Most of the victims were suspected of involvement in criminal activities, and the killings appeared to have popular support. The authorities made no arrests in these cases. A court dismissed two cases filed in 2004 in Davao because the victims' relatives withdrew their complaints. In June 2005 the Office of the Ombudsman suspended four police officers in Davao for failing to solve extrajudicial killings in their jurisdiction; however, in July 2005 the court of appeals reinstated them.

b. Disappearance
According to local human rights NGOs, government forces were responsible for disappearances. Through December the domestic NGO Families of Victims of Involuntary Disappearances (FIND) documented 72 victims of involuntary disappearance: 31 were found alive, four were found dead, and 37 remained missing; FIND suspected government forces in 33 cases, while unidentified armed men were suspected in the remaining 14 cases. Task Force "Usig" documented six cases of forced disappearance of activists since 2001. Only one case has been filed in court, but no arrests had been made at year's end.

On May 22, five supporters of former president Joseph Estrada were surreptitiously taken into custody, suspected of plotting rebellion. Initially, the government denied any involvement in their disappearance, but on May 24 authorities admitted holding them and released them on May 27.

On June 26, unidentified gunmen in Bulacan Province abducted University of the Philippines (UP) student Karen Empeno, former UP student council officer Sherlyn Cadapan, and local citizen Manuel Merino. The three reportedly were blindfolded and forced to board a "jeepney" (small commercial passenger vehicle) at gunpoint. The leftist human rights group Karapatan alleged that the Philippine Army's 7th Infantry Division was responsible for the abduction. On July 19, the Supreme Court ordered the chief of AFP Northern Luzon Command, the commander of the 7th Infantry Division, and two other military officials to present the three victims to the Court of Appeals. However, these officials denied the AFP was holding them. At year's end, the three were still missing. The Melo Commission investigated the case; however, there were no publicly known developments regarding the investigation at year's end.

In August 2005 leftist political activists Armando Barquillo and Lirio de Castro were released a month after heavily armed men abducted them in Cavite City. They alleged that their abductors were military intelligence agents.

Efforts to locate three members of Bayan Muna reportedly abducted in Manila in 2004 by 10 armed men were unsuccessful. FIND claimed the Intelligence Service of the AFP was responsible.

Some victims' families complained that the courts and police failed to address adequately their complaints concerning disappearances in which security forces were suspected. Evidence of a kidnapping or killing is required in order to file charges. FIND and Amnesty International's Manila office continued to support the efforts of victims' families to press charges. In most cases, evidence and documentation were unavailable, and convictions were rare. Out of 16 court cases related to disappearances of concern to FIND, none had been resolved as of year's end. In May FIND filed a petition for a writ of habeas corpus against the suspected perpetrators in one case involving two victims, but as of year's end the court had not granted the petition. Judicial inaction on the vast majority of disappearances contributed to a climate of impunity and undermined public confidence in the justice system.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution prohibits torture, and evidence obtained through its use is inadmissible in court; however, members of the security forces and police were alleged to have routinely abused and sometimes tortured suspects and detainees. The CHR provides the police with mandatory human rights training, and senior PNP officials appeared receptive to respecting the human rights of detainees; however, rank-and-file awareness of the rights of detainees remained inadequate.

The TFDP stated that torture remained an ingrained part of the arrest and detention process. Common forms of abuse during arrest and interrogation reportedly included striking detainees and threatening them with guns. The TFDP reported that arresting officers often carried out such beatings in the early stages of detention.

A human rights NGO, the Philippine Alliance of Human Rights Advocates, also reported that police used excessive force in apprehending suspects.

Within the AFP, the CHR continued to observe greater sensitivity to the need to prevent human rights violations. CHR is required to determine whether an officer being considered for promotion has a history of human rights violations (see section 4); however, a negative CHR finding does not preclude promotion. The CHR also vets PNP officers at the senior superintendent level. Nevertheless, abuses still occurred. Human rights activists complained of abuses by security forces against suspected ASG and NPA members in captivity. According to the Moro Human Rights Center, some members of the AFP continued to beat ASG suspects.
The TFDP documented seven cases of torture involving 20 victims from January to December. The CHR investigated 11 cases of alleged torture during the year. The suspects in these cases mostly were members of PNP.

In April 2005 four farmers in Laak, Mindanao, accused the AFP of torturing them as suspected NPA collaborators. The CHR began an investigation but had not yet released any conclusion as of year's end.

PRISON AND DETENTION CENTER CONDITIONS

Prison conditions were rudimentary and sometimes harsh. Provincial jails and prisons were overcrowded, lacked basic infrastructure, and provided prisoners with an inadequate diet. Jails managed by the Bureau of Jail Management and Penology (BJMP) in metropolitan Manila usually operated at about 240 percent of designed capacity. An on-going jail decongestion program by BJMP resulted in the early release, using applicable laws, of more than 3,500 inmates.

BJMP's establishment of new facilities for women inmates and its implementation of the new law on juvenile justice also contributed to the decrease in jail overcrowding from 2005.
Prison administrators budgeted a daily subsistence allowance of about $0.78 (P40) per prisoner. Prison inmates often depended on their families for food because of the insufficient subsistence allowance and the need to bribe guards to receive food rations.

The slow judicial process exacerbated the problem of overcrowding. Some inmates took turns sleeping. Some prison wardens reportedly allowed wives or children to move in with inmates or stay in the prison compound because they could help feed the prisoners. Lack of potable water and poor ventilation continued to cause health problems in jails.

On May 16, President Arroyo signed the Juvenile Justice and Welfare Act, which, among other reforms, changed the age of criminal responsibility from nine to 15 years of age. Under the new law, children caught committing crimes are to be turned over to juvenile justice and welfare councils to be placed in programs supervised by local social welfare officers. The law also prohibits the detention of minors in jails while undergoing trial and exempts convicted minors from the death penalty.

There were reports of widespread corruption among prison guards. Guards sometimes demanded that prisoners pay to receive food, to use sanitary facilities, and to avoid beatings by other prisoners. Jail administrators reportedly delegated to senior inmates authority to maintain order. The CHR and TFDP reported that beatings by prison guards and other inmates were common but that prisoners, fearing retaliation, refused to lodge complaints.

Corruption appeared to be a problem at higher levels of authority within the prison system as well. Favored inmates reportedly enjoyed access to prostitutes and drugs.

There were reports that guards abused prisoners. Women in police custody were particularly vulnerable to sexual and physical assault by police and prison officials. Victims often were afraid to report incidents (see section 5). Some detainees at Bureau of Immigration detention centers reportedly gained release by making cash payments to guards.

Through December, the BJMP recorded 27 successful prison escapes involving 52 inmates; 16 were recaptured and 36 remained at large. Police blamed the escapes on lenient security and the poor quality of detention facilities.

On February 28, the CHR released a report on a March 2005 escape attempt during which three guards were killed and which ended in the deaths of 22 inmates. The CHR concluded that the authorities used excessive force, that inmates were summarily executed, and that inmates were maltreated after a police assault. The CHR report also recommended that the Department of Justice (DOJ) create a committee to investigate and determine the criminal liability of the police units; however, by year's end, the DOJ had not received a formal complaint from the CHR to investigate these police units.

According to regulations, male and female inmates are to be held in separate facilities and, in national prisons, overseen by guards of the same sex; however, there were anecdotal reports that these regulations were not uniformly enforced. In provincial and municipal prisons, male guards sometimes supervised female prisoners directly or indirectly.

Although prison authorities attempted to segregate children, in some instances they were held in facilities not fully segregated from adult male inmates (see section 5). Only 223 out of 1,100 jails managed by the BJMP and PNP had separate cells for minors, while 345 jails had separate cells for females. During the year the BJMP established two detention centers exclusively for women.

Approximately 1,200 women inmates were transferred to these new facilities, located in Metro Manila and in Cebu City. More than 300 minor inmates were transferred to three youth centers in compliance with the new law on juvenile justice. In Bureau of Immigration detention facilities, male and female inmates are segregated by sex, but male guards oversaw both sexes.

International monitoring groups, including the International Committee of the Red Cross, were allowed free access to jails and prisons.

d. Arbitrary Arrest or Detention
The law requires a judicial determination of probable cause before issuance of an arrest warrant and prohibits holding prisoners incommunicado or in secret places of detention; however, in a number of cases, police arrested and detained citizens arbitrarily. Through December, the TFDP documented 35 cases of illegal arrest and detention involving 114 victims.
Role of the Police and Security Apparatus

The Department of National Defense directs the AFP, which shares responsibility for counterterrorism and counterinsurgency operations with the PNP. The Department of Interior and Local Government directs the PNP, which is responsible for enforcement of law and order and urban counterterrorism; however, governors, mayors, and other local officials have considerable influence.

The 115,000 member PNP has deep-rooted institutional deficiencies and suffered from a widely held and accurate public perception that it was corrupt.

The PNP's Internal Affairs Service remained largely ineffective. Members of the PNP were regularly accused of torture, of soliciting bribes, and of other illegal acts. Efforts were underway to reform the institution in part to counter a widespread impression of official impunity. From January to November, the PNP dismissed 89 policemen. Of the 2,859 administrative cases filed against PNP officers and personnel, 1,398 were resolved, 944 remained under preliminary investigation, 391 underwent summary hearings, and the remaining 126 were filed with the People's Law Enforcement Board, a body composed of local government officials and NGO representatives that receives complaints filed against members of the PNP in the regions. In 2005 the PNP initiated a Transformation Program aimed at systematic institutional reform.

ARREST AND DETENTION

Detainees have the right to a judicial review of the legality of their detention and, except for offenses punishable by a life sentence, the right to bail; however, only 6.5 percent of detainees were able to post bail. Authorities are required to file charges within 12 to 36 hours of arrests made without warrants, with the time given to file charges increasing with the seriousness of the crime. Lengthy pretrial detention remained a problem (see section 1.e.). In 2005 the courts released 67 detainees who had been held in jail for periods equal to or longer than the maximum prison terms they would have served if convicted. Through November only two detainees were released under this circumstance.

The NPA, as well as some Islamic separatist groups, were responsible for a number of arbitrary detentions, often in connection with informal courts set up to try military personnel, police, local politicians, and other persons for "crimes against the people" (see section 1.e.).

e. Denial of Fair Public Trial
The law provides for an independent judiciary; however, the judicial system suffered from corruption and inefficiency. Personal ties and sometimes venality resulted in impunity for some wealthy and influential offenders and contributed to widespread skepticism that the judicial process could ensure due process and equal justice. The Supreme Court continued efforts to ensure speedier trials and to sanction judicial malfeasance and was in the midst of a five-year program to increase judicial branch efficiency and raise public confidence in the judiciary.

In September 2005 a regional trial court judge was killed in her house in Natividad, Pangasinan. Police identified two suspects, but a judge dismissed the case and did not issue arrest warrants against the two for lack of probable cause. In January police arrested six suspects for the December 2005 murder of a Pasay City regional trial court judge; their trial was on-going at year's end. Trials in the 2004 killings of two judges were also underway at year's end, and prosecutors filed charges in the third case. Ten cases of the killing of judges remained under investigation at year's end.

The national court system consists of four levels: local and regional trial courts; a national court of appeals divided into seventeen divisions; a 15-member Supreme Court; and an informal local system for arbitrating or mediating certain disputes outside the formal court system. The Sandiganbayan, the government's anticorruption court, hears criminal cases brought against senior officials. A Shari'a (Islamic law) court system, with jurisdiction over domestic and contractual relations among Muslim citizens, operates in some Mindanao provinces.

TRIAL PROCEDURES

The law provides that those accused of crimes be informed of the charges against them, have the right to counsel, and be provided a speedy and public trial before a jud