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Pamela Denise de Vera Hilario May 21, 2016

Constitutional Law 2 (1-O) Atty. Jennifer Balboa-Cahig

Every human being has certain rights that must be protected. Today, there
is a close widespread consensus entitles people to certain fundamental rights
under any circumstances. These incorporate certain common freedoms and
political rights, the most major of which is the privilege to life and physical
security. Human rights are the primary reason for the need for equity, tolerance,
mutual respect, and human dignity in the greater part of our action. In any case,
regardless of how global these rights may be, they are as yet being disregarded
each day all through the world. Some individuals aren't being dealt with like
people, and these shameful acts need to stop. To secure human rights is to
guarantee that individuals get some level of tolerable, and conscious treatment.
To disregard the most essential human rights, then again, is to deny people their
fundamental moral privileges. It is, one might say, to regard them as though they
are not as much as human and undeserving of respect and dignity. There are a
few nations, which are being gone up against by a few occurrences of human
rights infringement; one of them is the Philippines.

In the Philippines, numerous laws have been enacted to safeguard the


rights of its people and to secure their safety. One of these laws is the Bill of
Rights, which is embodied in the 1987 Philippine Constitution. Several
enactments were also made by the Congress in furtherance of protecting our
human rights, such as R.A. 9262 or the Anti-Violence Against Women and
Children (VAWC). Government agencies such as the Commission on Human
Rights and Department of Justice were also established to keep track of the
observance of human rights and to prevent and investigate their violation. But
despite these measures, there are still, however, quite a few cases of human
rights violation here in the country such as rape, extra-judicial killings, murder,
torture, slavery, and those similar in nature.

Kidapawan Massacre

This issue of human rights violation is very timely in our country especially
with the recent tragedy in Kidapawan City, Mindanao. The Kidapawan massacre
started when 6,000 farmers barricaded a national roadway in North Cotabato in
southern Philippines. The farmers, who waited for 3 months for the help from the
government, have had enough hunger. They were demanding for the arrival of
15,000 packs of rice as pantawid gutom to aid their families despite extreme El
Nio-affected dry season. They demanded from a promise of help. They
demanded that the major aspect of calamity fund intended for them should be
used. These Mindanao farmers lost very nearly 70% to 100% of their sustenance
crops, bringing about a huge number of families starving and without work,
numerous compelled to eat their own feed.
The protest heightened on April 1, when North Cotabato Governor Emylou
Talio-Mendoza, an ally of the ruling Liberal Party, reportedly refused to
negotiate with the farmers and instead ordered 150-strong policemen to disperse
the rally, which later on turned violent, leaving 6 dead and 116 harmed. Those
slaughtered were at that point on their knees when they were shot by the police
and numerous were beaten with implements and water cannons. Presently, a the
farmers are looking for asylum in the Kidapawan Methodist Church, which is at
present under risk of getting their business grant renounced by the city
government for harboring the pioneers and members of unlawful demonstrators.

How could a generally basic transfer of relief result into viciousness and
tragedy? The administration forces attacked as if it is the communist rebels who
arranged the blockade. In any case, whether it was or it was not, the Mindanao
farmers were just victims of calamity, hunger and desperation. Any responsive
and dependable government, particularly one, which gladly claims to take after a
"Daang Matuwid" does not order its police officers to shoot or even lay hands on
the unarmed protesting farmers. There is neither reason nor any exempting
condition at all. The president, as head of government, must acknowledge full
responsibility regarding such a monumental blunder. It is sufficiently abominable
that this organization has neglected to provide sustenance and support to the
farmers and Lumads of Kidapawan amid the delayed dry season in Mindanao.
Be that as it may, it is absolute brutal for them to shoot at the same individuals
who were just asking for help.

The organization issued its usual statement whenever such tragedies


transpire, saying that the matter will be placed under investigation of the
Commission on Human Rights. In any case, this has been typically met with
doubt. No one holds out much trust that the investigation will yield to any
noteworthy findings. Regardless of some furious explanations from Malacaang
representatives and spokespersons, there's no sign that the President will
surface soon and recognize that something terrible and disastrous has happened
in this nation and among his constituents. Many individuals often attribute this to
the absence of sympathy and inhumanity of Aquino's administration to respond
successfully to the pain of individuals and communities.

Now circumstances like this, leads me to an appalling conclusion that our


President is heedless to his people and has become blind to their needs. At the
point when strung together, the slaughters in Mendiola, Hacienda Luisita and
Kidapawan by and large vouch for the Aquino family's downright blindness and
indifference to the predicaments of farmers and their aggregate retention to their
rights as landowners.
Mayor Rodrigo Dutertes statement and acts

It was just recent since Davao City Mayor Rodrigo Duterte made a joke in
connection with the rape and murder of an Australian missionary during a 1989
hostage crisis in Davao City during a campaign rally on April 12. Napakaganda,
dapat mayor muna ang mauna. These were the exact words spoken by Mayor
Duterte, which enraged several netizens worldwide.

Known for being blunt, it's not the first time Mayor Duterte has put forth
incendiary statements. He has repeatedly made statements saying that he will
execute more than 100,000 criminals if he's elected, according to local media, as
evidenced by one of the major facets of his platform that is to suppress
criminality in three to six months.

But as a consequence of his joke about the rape incident 28 years ago,
various womens groups have filed a letter-complaint with the Commission on
Human Rights (CHR) against Davao City Mayor Rodrigo Duterte accusing the
mayor for violating the Magna Carta of Women. Mayor Duterte has garnered
several criticisms and condemnations from a great number of people because of
this, which excludes me.

I respect the opinions of other individuals but what exasperates me is the


pietism of individuals to judge the character of others due to what he said before.
We have this inclination to decry a man and strike out all the great things he has
done just because of something he said or joked about. I do not disregard the
fact that rape is a highly sensitive issue and it should never be a laughing matter.
However, in this story, he was the person who spared the casualty. As a mayor,
he should have just supervised it and yet he took dynamic part in the operations
past the obligation at hand. He simply occupied with shooting against the
lawbreakers. As a first time leader who needed to put his imprint, he was just
showing the attackers who was in control. He needed to have road credit to
inculcate fear among these criminals and he did. I guess that is the reason why
Davao is now being recognized as one of the safest cities in the world. No
criminal needs to annoy another hooligan in power. He may not be the ideal
leader in terms of decency just like how other leaders portrayed themselves to
be, but he makes sure he gets his work done. With the decent and seemly
administration we have experienced for the past 6 years, we have witnessed the
multiplication of numerous criminal syndicates who were permitted to grow in
numbers d this just goes to show that "refined" government officials do not scare
them.

Of course a bad joke is still a bad joke and there is no excuse for the
language that he used. But on that note, his point was, he was there in the
middle of a hostage-taking, he placed his life on the line, he gave the order to kill
these people who were killing and raping, so if he has a foul mouth, then sorry.
There was completely "no malice" about his remarks and uttered that joke out of
extreme anger with the killing.

Mayor Duterte, with his strange comical inclination, made a screw up by


making it appear that joking about rape is funny. However, that is Duterte. He
converses with you like you are a companion or a kindred hooligan. He curses a
lot and he interposes his Visayan green jokes and conveys it in Tagalog, which
makes it sound more inappropriate and distasteful. Howbeit, that is the appeal of
Duterte and thats what he is known for -- his unassuming genuineness and
transparency.

These allegations do not give justice to the kind of leader who he has
proven to be nor his rape joke do not forthwith reflect the kind of President he will
be. In fact, his track record of promoting and protecting womens rights by
creating a Womens Code solely for Davao women and his continuing efforts to
empower women already speak a lot. We cannot downplay what he has done for
Davao just because of a joke for this would be a disservice to this man who has
stood for everything women empowerment in Davao City. He is definitely not
politically and morally correct, but it is his actions that should hold more weight.

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