Beruflich Dokumente
Kultur Dokumente
The Philippines
2007
developed by
Note: The present report has been prepared by the IRCT on the basis of information compiled
from relevant national and international organisations and associations, including Human
Rights Watch, Amnesty International, Task Force Detainees of the Philippines and various
other sources. Additional information has been drawn from the Home Foreign &
Commonwealth Office, the CIA World Factbook and US State Department’s annual human
rights reports. The generally used sources will not be referenced in the document but full credit
should be given to above mentioned contributors.
These sources tend to focus more broadly on human rights rather than specifically on torture.
Moreover, it is difficult to obtain accurate and objective figures on the number of torture
survivors and related information due to the clandestine nature of the act itself that largely
forces survivors to remain in the shadows. Therefore, the present report does not necessarily
provide a comprehensive picture of the real dimension of the problem of torture in the
Philippines.
Table of Contents
1. Summary ..............................................................................................................1
2. General country description ..................................................................................1
2.1 Overview............................................................................................................ 1
2.2 Brief historical background.................................................................................... 2
2.3 Political/governmental system ............................................................................... 2
2.4 Internal conflict................................................................................................... 3
2.5 Civil society ........................................................................................................ 4
3. General human rights situation .............................................................................4
3.1 Role of the police and security apparatus ................................................................ 5
3.2 Arbitrary arrest and detention ............................................................................... 5
3.3 Prison conditions ................................................................................................. 6
3.4 Trials ................................................................................................................. 7
3.5 Increased killings of leftist activists ........................................................................ 8
3.6 Treatment of refugees and minority groups ............................................................. 8
4. Human rights situation relating to torture .............................................................9
5. Status on international framework and national policy and legislation
with respect to torture ............................................................................................10
5.1 Ratifications...................................................................................................... 10
5.2 Incorporation and status of international law into national law ................................. 10
6. International mechanisms...................................................................................11
6.1 Possible comments/recommendations from CAT and other relevant bodies ................ 11
6.2 Possible comments/recommendations from Special Rapporteurs .............................. 11
7. National mechanisms ..........................................................................................11
7.1 Ombudsman ..................................................................................................... 11
7.2 The Philippine Commission on Human Rights ......................................................... 11
8. Overview of judicial/legal system .......................................................................12
Administration of justice ....................................................................................... 12
Special methods applied to juvenile delinquency ...................................................... 12
Legal education on human rights ........................................................................... 13
The role of lawyers in gathering evidence................................................................ 13
Legal process for seeking redress........................................................................... 13
Possibility of attaining state sponsored legal aid for victims of torture ......................... 14
Legal and judicial reform ...................................................................................... 14
9. Medical documentation concerning torture ..........................................................15
10. The Istanbul Protocol (IP).................................................................................15
11. Civil society .......................................................................................................16
11.1 Media............................................................................................................. 16
The press ........................................................................................................... 16
Television ........................................................................................................... 16
Radio ................................................................................................................. 16
Journalists’ association ......................................................................................... 16
11.2 Torture rehabilitation centres ............................................................................ 16
11.3 Other relevant organisations/associations (incl. universities).................................. 17
12. International community...................................................................................19
12.1 Embassies/delegations ..................................................................................... 19
12.2 Other INGOs/donors ........................................................................................ 27
Philippines Country Assessment Report
1. Summary
A general prohibition against torture and other, inhuman or degrading treatment or
punishment is provided in both the Constitution of the Philippines and under international law.
Further, an anti-torture bill is currently going through lengthy negotiations in parliament and
its future remains unknown. Despite constitutional and international legal protection, however,
torture is still commonly practiced by government entities, government supported groups and
non-state actors.
The human rights situation in the Philippines remains affected by the ongoing conflicts
between the government and various rebel groups. A widespread culture of torture, enforced
disappearances and extrajudicial killings contributes to a general environment of impunity in
the Philippines. This is further exacerbated by the inability of government agencies to
effectively investigate and prosecute such human rights violations.
The Philippine Commission on Human Rights is equipped with the power to investigate
allegations of torture and give recommendations to the Ministry of Justice regarding future
penal action against the alleged perpetrator. However, the Commission does not have the
jurisdiction to prosecute the claims itself. The Commission has been criticised for its
investigation methods and the burden it places on torture victims. Very few torture cases
investigated by the Commission end up going to trial, which is another element contributing to
impunity.
In recent years the Philippines has not been scrutinised by torture related organs in the UN
human rights system. There have been no visits by the Special Rapporteur on torture and no
country review by the UN Committee Against Torture, the latter caused by the failure of the
government to fulfil its reporting obligations to the committee. On related issues, the
Philippines has been strongly criticised by both the Human Rights Committee and the Special
Rapporteur on extrajudicial, summary or arbitrary executions on issues relating to torture and
extrajudicial killings. The Philippines is currently in the process of ratifying the Optional
Protocol to the UN Convention Against Torture, which along with the proposed torture bill could
contribute to an enhanced protection of the population against torture. Further, the Philippines
will be one of the first states to be reviewed by the new Universal Periodic Review mechanism
of the UN Human Rights Council in spring 2008.
This report intends to illustrate legal aspects of investigation and prosecution of torture cases
in the Philippines. While a well-functioning legal framework and process is an important
element in the effective investigation and prosecution of torture cases, the medical
documentation and forensic evidence relating to torture provide an essential background on
which to pursue these cases. Therefore, in order to get a comprehensive picture of the
environment for combating torture in the Philippines, it is recommendable to also acquaint
oneself with the medical documentation aspects of this important issue. The scope of this
report is however limited to the legal aspects.
Fidel Ramos was elected president in 1992 and his administration was marked by greater
stability and progress on economic reforms. In 1992, the U.S. closed its last military bases on
the islands. Joseph Estrada was elected president in 1998, but was succeeded by his vice-
president, Gloria Macapagal-Arroyo, in January 2001 after Estrada's stormy impeachment trial
on corruption charges broke down and widespread demonstrations led to his ousting. In
September 2007 Estrada was convicted of plunder charges and given a life sentence. However
in October 2007 he was pardoned by President Macapagal-Arroyo.
Gloria Macapagal-Arroyo was elected the 14th President of the Republic during the May 2004
national elections by a margin of over a million votes. Fernando Poe Jr., the main opposition
candidate, protested the election results but died before the case could be resolved by the
Supreme Court.
There are current proposals to amend the Philippine Constitution to provide for a shift to a
federal and parliamentary form of government. On 24 February 2006, President Arroyo
declared a state of national emergency due to an alleged conspiracy to bring down the
government. A newspaper office was raided and some high profile arrests of opposition figures
were made. The proclamation and these actions drew widespread criticism and the President
lifted the declaration on 3 March 2006. The political opposition filed a new impeachment
complaint against the President in July 2006, which was dismissed by the House of
Representatives.
Elections for half of the Senate seats and all lower house seats were held on 14 May 2007. The
opposition won the majority of the Senate seats available, but the President's support in the
lower house was strengthened.
There are two autonomous regions in the Philippines, the Cordillera region in northern Luzon,
and Mindanao, both created by the 1987 Constitution. These regions have local powers which
include social and economic development and education.
Political parties in the Philippines are based far more on personality than ideology. There is a
general consensus among the main political parties in terms of the social, political and
economic structures within the Philippines. This tends to make the president widely supported
at the beginning of a term of office. However, as new elections draw near, allegiances shift and
parties fragment as people seek to gain new political patronage and power. Reports of alleged
cronyism and corruption at all levels of government, the military and the police still persist,
questioning the depth of Philippine democracy. Efforts to increase transparency and
accountability are being implemented, but face many obstacles.
Clashes between the Armed Forces of the Philippines (AFP) and elements of MILF insurgents in
Maguindanao Province during the period from June to August 2006 resulted in approximately
40,000 persons being displaced. In 2005 approximately 85,000 persons were displaced as a
result of clashes in Sulu from February to April between the AFP and a faction of the MILF
aligned with the ASG. According to the Department of Social Welfare and Development
(DSWD), at year's end the total number of IDPs was 59,886 persons.
There are some groups which are not in official dialogue with the government, including the
extremist organisation Abu Sayyaf. The Philippine military has been assisted by U.S.
equipment and personnel in combating this group. The involvement of the U.S. military is a
very sensitive issue; the Philippines was seen as an important geopolitical site for the U.S.
which had two major military bases on the country – Clark Field and Subic Bay. The leases on
these bases were not renewed in 1991, viewed by many as a statement of Filipino autonomy
and part of the orientation process towards other members of the Association of Southeast
Asian Nations (ASEAN).
Peace talks between the government and the National Democratic Front (NDF), representing
the Communist Party of the Philippines (CPP) and its armed wing, the New People’s Army
(NPA), remained suspended following a new offensive against the NPA declared by President
Arroyo in June 2006. This decision further intensified the current state of affairs regarding
disappearances, extrajudicial killings and other human rights violations in the Philippines. In
order to resume talks, the NDF called on the government to work for the removal of the NPA’s
designation as a “foreign terrorist organisation” by the U.S. and its allies. With the peace
process stalled, the Joint Monitoring Commission (JMC), set up to examine complaints of
human rights abuses and breaches of humanitarian laws by both sides, failed to make
significant progress. Previous government pledges to release listed political prisoners remained
only partially implemented. At least 251 political prisoners detained within the context of anti-
insurgency operations were reported still held.
The law provides for freedom of speech and of the press, and the government generally
respects these rights in practice. The government owns several television and radio stations;
however, most print and electronic media are privately owned. The extensive Filipino press is
known for its free comment and speculation in many areas. However, investigative reporting
into major crime and corruption is often criticised. This has led to the arrests of editors and
killing of journalists.
Human rights NGOs frequently criticise the government for failing to protect journalists. The
National Union of Journalists of the Philippines has accused the police and the government of
failing adequately to investigate these killings and of subjecting journalists to harassment and
surveillance. In some situations, it was difficult to discern if violence against journalists was
carried out in retribution for their profession or if these journalists were the victims of random
crime. According to a study released by the Centre for Media Freedom and Responsibility
(CMFR) in September 2005, most of the slain journalists were not professionally trained as
journalists or formally accredited to any national media organisation. CMFR listed 61
journalists killed since democracy was restored in 1986.
In June the intelligence service of the AFP released a presentation “Know Your Enemy”, listing
some press unions and student organisations as “enemies of the state” or communist fronts.
The government did not otherwise interfere with academic freedom.
Internet use is increasing in the Philippines, but is heavily concentrated in urban areas. The
government did not restrict Internet use.
1
http://www.oneworld.net/guides/philippines/development
Efforts have been underway to reform the institution in part to counter a widespread
impression of official impunity. From January to November 2006, 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.
Detainees have the right to a judicial review of the legality of their detention and, except for
offences 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 pre-trial detention remains a problem. 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.
Various human rights NGOs maintain lists of incarcerated persons they allege to be political
prisoners. Through December, the TFDP said that there were 233 political prisoners. Typically,
there was no distinction in these lists between detainees and prisoners, and the majority of
persons listed have not been convicted. Some NGOs asserted that it was frequent practice to
make politically motivated arrests of persons for common crimes and to continue to detain
them after their sentences expired. The government used NGO lists as one source of
information in the conduct of its pardon, parole and amnesty programs, but it did not consider
the persons listed to be political detainees or prisoners. The CPP/NPA demanded that their
members under detention by the PNP or AFP be treated as political prisoners as one of the
preconditions for resuming peace talks with the government.
The NPA, as well as some Islamic separatist groups, also 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".
There were reports of widespread corruption among guards. Guards 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. Favoured inmates
reportedly enjoyed access to prostitutes and drugs.
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. 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 centres 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 centres 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. Women in police
custody were particularly vulnerable to sexual and physical assault by police and prison
officials. Victims often were afraid to report incidents. Some detainees at Bureau of
Immigration detention centres reportedly gained release by making cash payments to guards.
The slow judicial process exacerbated the problem of overcrowding. Some inmates took turns
sleeping, and others slept on their feet. 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 16 May 2006, 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 programmes 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.
Through December 2006, 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.
International monitoring groups, including the International Committee of the Red Cross, were
allowed free access to jails and prisons.
3.4 Trials
The law provides for an independent judiciary; however, the judicial system suffers from
corruption and inefficiency. Personal ties and sometimes venality result in impunity for some
wealthy and influential offenders and widespread skepticism that the judicial process could
ensure due process and equal justice. The Supreme Court continues efforts to ensure speedier
trials and to sanction judicial malfeasance, and is in the midst of a five-year programme to
increase judicial branch efficiency and raise public confidence in the judiciary.
The national court system consists of four levels: local and regional trial courts; a national
court of appeals divided into 17 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.
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 judge. Defendants are
presumed innocent and have the right to confront witnesses against them, to present
evidence, and to appeal convictions. The authorities respect the right of defendants to be
represented by a lawyer, but poverty often inhibit a defendant's access to effective legal
representation. Skilled defence lawyers staff the Public Attorney's Office (PAO), but their
workload is large and resources scarce. The PAO provides legal representation for all indigent
litigants at trial; however, during arraignment, courts may at their option appoint any lawyer
present in the courtroom to provide counsel to the accused.
According to the law, cases should be resolved within set time limits once submitted for
decision: 24 months for the Supreme Court; 12 months for the Court of Appeals; and 3
months for lower courts. However, these time limits are not mandatory, and, in effect, there
are no time limits for trials.
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.
Lengthy pre-trial detention remains a problem. In May 2005 the UN Development Program
(UNDP) and the Supreme Court released a study that found that the average trial takes over
three years. Trials take place in short sessions over time and as witnesses become available;
these non-continuous sessions created lengthy delays. Furthermore, there was a widely
recognised need for more prosecutors, judges and courtrooms. Judgeship vacancy rates were
high; of the total 2,152 trial court judgeships (including Shari'a courts), 628 (29 percent) were
vacant, a small decline from 2005. Courts in Mindanao and other poorer provinces had higher
vacancy rates than the national average. Shari'a court positions were particularly difficult to fill
because of the requirement that applicants be members of both the Shari'a Bar and the
Integrated Bar. All five Shari'a district court judgeships and 41 percent of circuit court
judgeships remained vacant. Shari'a courts do not have criminal jurisdiction.
The NPA continued to subject military personnel, police, local politicians, and other persons to
its so-called courts for “crimes against the people”. The NPA executed some of these
“defendants”. The MILF also maintained similar “people's courts”.
On 12 January 2005, NPA gunmen shot and killed a retired police colonel in Lucena City,
Quezon Province. The NPA said its “people's court” meted out the death penalty to the retired
officer for grave crimes and human rights violations committed during the 1970s and 1980s.
In the past, international and domestic NGOs criticised many court proceedings that resulted in
death sentences, asserting that the judicial system did not ensure due process and legal
representation. On 24 June 2006, the government formally abolished the death penalty.
As well as suspected CPP-NPA members, those most at risk included members of legal leftist
political parties, including Bayan Muna (People First) and Anakpawis (Toiling Masses), other
human rights and community activists, priests, church workers and lawyers regarded by the
authorities as sympathetic to the broader communist movement. Increased killings in
particular provinces were reportedly linked to the public labelling of leftist groups as NPA
“front” organisations by local AFP commanders.
A report released in June 2007 by Human Rights Watch2 puts focus on the climate of
extrajudicial killings in the Philippines. Through a compilation of different statistics, the report
asserts that between 141 and 800 people have been extrajudicially executed since President
Arroyo took office in 2001. Further, it is estimated that between 61 and 206 extrajudicial
executions took place in 2006 alone.
2
Human Rights Watch, 2007. Scared Silent – Impunity for Extrajudicial Killings in the Philippines
of the 1951 convention. The government cooperates with the Office of the UN High
Commissioner for Refugees (UNHCR) and other humanitarian organisations in assisting
refugees. The government also provides temporary protection to individuals who may not
qualify as refugees under the 1951 convention or its 1967 protocol.
The government allowed approximately two thousand asylum seekers from Vietnam to remain
in the country although none had been found to be refugees under the UNHCR-administered
Comprehensive Plan of Action in the 1990s. The majority of this group was being processed for
resettlement in the United States. An estimated 400 persons who married Philippine citizens
remained in legal limbo: ineligible for resettlement in other countries and not granted
permanent asylum.
Muslims were the largest minority religious group. Estimates of the size of the Muslim
population ranged from 3.9 million to 7 million, or 5 to 9 percent of the population. Muslims
reside principally in Mindanao and nearby islands, but there are Muslim communities
throughout the country.
Historically, the Christian majority marginalised Muslims. The national culture, with its
emphasis on familial, tribal and regional loyalties, creates informal barriers whereby access to
jobs or resources is provided first to those of one's own family or group network. Muslims
reported difficulty renting rooms or being hired for retail work if they used their real names or
wore distinctive Muslim dress. As a result, some Muslims used Christian pseudonyms and did
not wear distinctive dress when applying for housing or jobs.
An estimated four hundred to one thousand Jews live in the country. There were no reports of
anti-Semitic acts.
The Task Force Detainees of the Philippines (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.
Within the AFP, the CHR continued to observe greater sensitivity to the need to prevent human
rights violations. CHR is required to certify that an officer being considered for promotion does
not have a history of human rights violations; however, a negative CHR finding does not
preclude promotion. The CHR also vets PNP officers at the senior superintendent level.
Nevertheless, abuses still occur. Human rights activists complained of abuses by security
forces against suspected ASG and NPA members in captivity. According to the Moro Human
Rights Centre, members of the AFP continue to beat ASG suspects.
The TFDP reported 15 cases of torture involving 32 victims during 2005 and seven cases
involving 20 victims in 2006. The CHR investigated 11 cases of torture in 2006, mostly
involving members of the PNP.
In April 2005 four farmers in Laak, Mindanao accused the AFP of torturing them as suspected
NPA collaborators. The CHR began an investigation of the case but by year's end had not yet
released any conclusion.
A man arrested in June 2005 by the AFP 65th Infantry Battalion as a suspected NPA leader
alleged the use of torture while he was in captivity. A CHR investigation confirmed that the
victim had signs of beatings on his back and black marks on his hand from electric shock. The
commanding officer of the battalion denied the allegations. No case was filed before the courts.
The Philippines has not made any declarations under articles 21 and 22 of the UN Convention
Against Torture allowing the Committee Against Torture to consider either State or individual
communications regarding violations of the Convention. While expressing its will to ratify the
Optional Protocol to the Convention Against Torture no concrete action has been taken so far
by the Government of the Philippines.
The Philippines has failed to submit its last four periodic reports to the Committee Against
Torture and has not been visited by the Special Rapporteur on Torture.
The Philippines has not ratified the Rome Statute of the International Criminal Court.
The consolidation of three pending bills in Congress into one anti-torture bill dubbed as An Act
Penalizing the Commission of Acts of Torture and other Cruel, Inhuman and Degrading
Treatment or Punishments Prescribing Penalties Therefore, and for other Purposes seeks to
carry out the mandate of the Constitution as well as the commitments and obligations under
the international human rights and humanitarian laws by specifically defining and penalizing
acts of torture. In the interest of protecting, fulfilling and upholding human rights, the
immediate passage of said bill is earnestly sought. The bill has passed already the series of
discussions at the Committee on Justice level but as of 11 September 2007 was still pending in
a Senate committee.
3
See José M. Roy III, A Note on Incorporation: Creating Municipal Jurisdiction from International Law, 46 Ateneo Law
Journal 635 (2001), p. 635, citing the case of U.S.A. v. Guinto, et al., 182 SCRA (1990) in which Justice Cruz
explained the nature and consequences of the doctrine of incorporation.
4
Ibid, p.636.
6. International mechanisms
6.1 Possible comments/recommendations from CAT and other
relevant bodies
As noted above, the government of the Philippines has not fulfilled its reporting obligations to
the Committee Against Torture since 1988. Combined with the missing declarations under
Articles 21 and 22 of the UNCAT this has effectively prevented scrutiny by this particular body.
In 2003 the Philippines came under review by the Human Rights Committee (HRC). In its
concluding observations the HRC, among other things, highlighted the issues of impunity,
exceedingly broad anti-terrorism legislation, and the widespread practices of torture and
extrajudicial executions in the country. The HRC specifically encouraged the Philippines to
establish effective mechanisms for monitoring and effective investigations of allegations of
torture.
7. National mechanisms
7.1 Ombudsman
The independent Office of the Ombudsman was created pursuant to Article 11, 5 of the
Constitution. Its main task is to ensure accountability of public employees. To this end, the
Office may investigate complaints regarding illegal, unjust, improper or inefficient conduct of
public officials. The powers, functions and duties of the Ombudsman are stipulated in Article
13. See also Republic Act No. 6670, An Act Providing for the Functional and Structural
Organization of the Office of the Ombudsman and for other Purposes, known as “The
Ombudsman Act of 1989”.
The PCHR and its 13 regional offices continue to play an important role as a forum for
reporting and recording patterns of violations nationwide, for promoting human rights
education programmes for military and law enforcement personnel, for the exercise of its right
of access to all places of detention and for investigations into a range of human rights
complaints.
The Commission has the power to “investigate, on its own or on complaint by any party, all
form of human rights violations involving civil and political rights”. If the evidence establishes a
prima facie case, the Commission recommends the filing of appropriate charges for prosecution
by the Department of Justice. Subsequently, the Commission monitors the status of the case.
It has however no powers of enforcement. In 1995, the CHR entered into a memorandum of
agreement with the Department of Justice, according to which CHR lawyers have been
designated as special counsels to assist Department Of Justice prosecutors in the litigation of
cases involving human rights violations.
However, most of these cases have not resulted in a trial let alone conviction of the
perpetrators. The Commission has, on the other hand, been criticised for its investigation
methods and the burden it places on torture victims. As a result, in the absence of a
recommendation by the Commission to the Department of Justice or to the Office of the
Ombudsman to prosecute the alleged perpetrators, a number of cases where torture has been
alleged, ended at the stage of the Commission.
The Commission on Human Rights may also provide financial assistance to victims of human
rights violations. Victims, their relatives or anyone on their behalf may file a claim for financial
assistance to the Commission. Such a claim presupposes that the claimant has filed a
substantive claim alleging a violation of human rights with the Commission. An investigation
report from the regional office concerned must be attached to the claim, containing details
about the act complained of, evidence which should engender a well-founded belief that a
human rights violation has been committed and, if known, the identity of the perpetrator(s).
The financial assistance provided is temporary relief, not compensation.
Implementation of fair trial and custodial safeguards are weak, and criminal suspects remain
at risk of ill-treatment or torture by the Philippine National Police during extended periods of
“investigative” detention. Intimidation, aggravated by a lack of effective witness protection
programmes, undermine the ability of victims of human rights abuses to gain redress,
especially when they are members of poor or marginalised communities.
Lack of confidence in the criminal justice system contributes to an apparent public tolerance of
killings of suspected criminals, including alleged petty thieves and street children, by
unidentified “vigilantes” allegedly linked to municipal authorities and the PNP. More than 90
such killings were reported in Cebu city and at least 100 in Davao city.
Journalists were also at risk of armed attacks, with at least seven killed by unidentified
assailants, reportedly because of their work. In November, in a rare conviction, a policeman
was found guilty and given a life sentence for murdering a radio broadcaster in 2002.
1. A thorough physical and mental examination by a proper medical and health officer
upon arrest.
2. If unable to post jail, commitment to the care of the Department of Social Welfare and
Development or local rehabilitation centre or detention home in the province.
3. In the absence of such centre or agency within a reasonable distance from the venue of
the trial, commitment to the quarters of youthful offenders separate from other
detainees which the local government unit must provide.
4. The court may also decide to release the youthful offender in custody of the child’s
parents or other suitable persons.
5. Suspension of sentence in accordance with Article 192.
Moreover, the Special Protection of Children Against Abuse, Exploitation, and Discrimination
Act (RA7610) states, among others, that children arrested in relation to armed conflict are
entitled to the following rights:
1. Separate detention from adults except where families are accommodated as family
unit
2. Immediate free legal assistance
3. Immediate notice of such arrest to the parents or guardians
4. Release of the child in recognizance within 24 hours to the custody of the
Department of Social Welfare and Development or any responsible member of the
community as determined by the courts.
The Supreme Court also ruled that cases involving minors can be diverted from the justice
system and placed under community-based alternative programs and treatment, training and
rehabilitation in conformity with the principle of restorative justice.
There is no statutory enactment on education and information neither regarding human rights
in general nor the rights against torture in particular.
A witness, including a victim who wishes to testify, enjoys certain rights and benefits under the
Witness Protection, Security and Benefits Programme implemented by the Department of
Justice. A witness admitted to the programme has the right to a secure housing facility,
A victim of torture can file a complaint relating to the perpetration of a criminal offence, but
must follow the requisite preliminary investigation procedures. In particular, an initial
complaint would be investigated by the competent provincial or city officer, and/or the National
and Regional State Prosecutors, judges of the Municipal Trial Courts and Municipal Circuit Trial
Courts or other officers authorised by law. For other offences, the victim may file a complaint
directly with the Municipal Trial Courts or the Office of the Prosecutor. The complaint must
include the address of the suspect and must be accompanied by affidavits and statements as
to witnesses as well as other supporting documents to establish probable cause. A complaint
must be in writing and has to satisfy several formal requirements. A detainee may bring a
complaint when brought before the judge at an inquest procedure.
The Commission on Human Rights, the Office of the Ombudsman, police officers and public
officers charged with the enforcement of the law as well as the city, provincial and state
prosecutor are tasked to investigate violations of civil and political rights, including torture. The
Internal Affairs Service is in charge of investigations into the conduct of the police. This type of
investigation may be initiated by complaint or proprio motu, in cases of incidents where death,
serious physical injury, or any violation of human rights occurred in the conduct of a police
operation or where a suspect in the custody of the police was seriously injured.
1. The National Prosecution Service under Presidential Decree No. 1275 is duty bound to
file and prosecute criminal cases in behalf of the state.
2. Pursuant to the Administrative Code of 1987 in relation to Presidential Decree No. 1 and
Republic Act No. 6035, the Public Attorney’s Office is mandated to represent, free of
charge, indigent persons or the immediate members of their family, in all civil,
administrative, and criminal cases where, after due investigation, it is determined that
the interest of justice will be served thereby.
3. The Commission on Human Rights, under Article XII of the Constitution, provides legal
aid to underprivileged victims of human rights violations.
However, training of lawyers and equipping them with the necessary knowledge and skills to
deal with the complex problem of torture has yet to be included in any statutory enactment.
The Act also provides that victims have the right to “at all times be assisted by counsel” and to
a visit from “any member of his immediate family, or any medical doctor, or priest or religious
minister chosen by him or by any member of his family or by his counsel, or a national non-
governmental organisation duly accredited by the Commission on Human Rights”.
Thus, lawyers may also invoke this provision and ask for the medical examination of a
detainee. Counsels may recommend medical professionals to undertake the examination or
seek the support of NGOs providing medical care of prisoners. However, due to the lack of
independent forensic scientists in the country it might prove difficult to obtain such an
independent examination.
Moreover, Executive Order 212 (1987) makes it mandatory for a medical doctor “who has
treated any person for serious or less serious physical injuries” including those which may
result from torture to “report the fact of such treatment promptly to the nearest government
health authority”.
However, suspects who have been tortured and are still in police custody rarely assert their
right to see a doctor, especially if they are ordinary criminal suspects from poor communities
whose everyday access to doctors has been limited. Some report that they were taken to a
government hospital for a medical examination after arrest but before interrogation in order to
protect police officers from subsequent charges of ill-treatment. Others reported that police
facilitated a medical examination after inquest, but they were seen by doctors assigned to
major PNP or AFP centres or to government hospitals who gave them a cursory “check-list”
physical examination with no questions about how any marks may have been inflicted – or
searching queries about maltreatment which may not have left marks but had or was causing
pain.
Often the methods of torture used are chosen specifically because they do not leave obvious
physical marks. Medical certificates are frequently summary in nature, referring only to visible
bruises or contusions with a formulaic assessment of how long the examinee is likely to need
medical treatment. In many cases suspects do not see a doctor until days or even weeks after
the alleged torture, when families or human rights groups have finally gained access or filed a
complaint with the PCHR which has dispatched investigators and doctors to the place of
detention, by which time visible marks have faded or disappeared.
5
Visit http://www.irct.org/Default.aspx?ID=48 and www.preventingtorture.org for more information about the project
and training medical and legal professionals to use the Istanbul Protocol to investigate and document alleged cases of
torture for use in legal proceedings.
The lively TV scene is dominated by the free-to-air networks ABS-CBN and GMA, which attract
the lion's share of viewing. Some Manila-based networks broadcast in local languages. The
country has a well-developed cable TV system.
The press
• Philippine Star - broadsheet
• The Daily Tribune - broadsheet
• Philippine Daily Inquirer - broadsheet
• Malaya - broadsheet
• Manila Bulletin
• Manila Times
• Business World
Television
• ABS-CBN - commercial
• GMA Network - commercial
• IBC - government-owned
Radio
• ABS-CBN - operates stations nationally
• GMA Network - operates stations nationally
• Manila Broadcasting Company (MBC) - operates stations nationally
• Radio Mindanao Network - operates more than 50 stations nationwide
• Philippine Broadcasting Service (PBS) - government-run, operates 31 stations
nationwide with emphasis on news, public affairs
Journalists’ association
National Union of Journalists of the Philippines (NUJP)
Unit 203, TSE Bldg.
1739 A. Mabini Street
Malate, Manila
Tel/Fax: +63 (2) 400 5059
E-mail: info@nujp.org and/or nujp_manila@yahoo.com
Website: www.nujp.org
6
Information supplied by the International Federation of Journalists (www.ifj.org).
Misamis University
Ozamiz City
Web: www.mu.edu.ph
St Paul University
Web site: www.spup.edu.ph
Silliman University
Web site: www.su.edu.ph
39 Plaza Drive
Rockwell Centre
Makati City
Tel: +63 (2) 818 4845 / 810 9526 ext. 371
Fax: +63 (2) 818 8206
E-mail: avr@trans-asia.phinma.com
Web: http://www.ph.emb-japan.go.jp/
E-mail: jicc-mnl@embjapan.ph