US on Human Rights in Philippines: Unsolved Cases, Unpunished Perpetrators

During the year the BJMP established two detention centers exclusively for women. More than 1,100 minor inmates were transferred to two BJMP youth centers, government social welfare centers, and nongovernmental shelters in compliance with the 2006 law on juvenile justice. On July 16, President Arroyo directed the immediate release of all minor prisoners age 15 years and below at the time they committed the crime; however, the BJMP had released only 30 minor inmates by year’s end. The BJMP released minor inmates in response to a court order following a petition by the public attorney’s office or by the inmate’s private lawyer.

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. At year’s end the TFDP documented 42 cases of illegal arrest and detention involving 92 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 corruption remained a problem. 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 December, the PNP dismissed 107 policemen. Of the 1,608 administrative cases filed against PNP officers and personnel, 677 were resolved, 269 remained under preliminary investigation, and 662 underwent summary proceedings. During the year seven local police chiefs were relieved of their commands for suspected involvement or failure to pursue cases of unlawful killings in their areas of responsibility. On March 10, the PNP director general ordered the relief of the police chief of Salay City, Misamis Oriental, for his inaction in the killings of Bayan Muna member Dalmacio Gandinao and his daughter-in-law.

In January and April, the AFP and PNP, respectively, created human rights offices to monitor and investigate allegations of personnel involvement in human rights abuses. During the year the AFP Human Rights Office investigated 60 complaints of killings, forced disappearance, and torture, allegedly committed by members of the AFP. On August 8, the AFP created five general courts-martial to hear administrative cases of officers and soldiers accused of human rights violations. At year’s end two members of the army were undergoing court-martial proceedings for their alleged involvement in killings. These two also were being investigated and prosecuted in the civilian courts. One was on trial for murder in a civilian criminal court, the other remained under investigation.

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, according to government figures, only 1,204 or 2 percent of detainees were able to post bail. The law provides that an accused or detained person has the right to a lawyer of his choice and that the state must provide one when the accused cannot afford one. 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. During the year the authorities released seven detainees who had been held for periods equal to or longer than the maximum prison terms they would have served if convicted.

The NPA, as well as some Islamic separatist groups, were responsible for a number of arbitrary detentions.

5. 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 bribery 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, sanction judicial malfeasance, increase judicial branch efficiency, and raise public confidence in the judiciary. After assuming office in December 2006, Chief Justice Reynato Puno declared that fighting corruption in the judiciary would be one of his top priorities, and during the year he initiated investigations that resulted in the firing of a court of appeals justice, four judges from the regional trial courts, and several court personnel charged with accepting bribes in exchange for the issuance of certain decisions. The chief justice also mobilized audit teams to perform financial and management audits on various courts.

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 courts-martial, each composed of at least five active-duty military officers, hear cases against military personnel accused of violating the Philippine Articles of War. The president, the chief of staff of the armed forces, or a military unit commander may appoint the members of a court-martial.

There were two killings of judges during the year. On January 19, unidentified men shot and killed Quezon City Metropolitan Court Judge Nathaniel Pattugalan. Pattugalan had survived a 2005 attack. Security forces filed charges against a former town vice-mayor, an army corporal, and a policeman in the 2005 incident and, at year’s end, were investigating their possible connection with the killing. On July 25, Regional Trial Court Judge Orlando Velasco was shot in Bayawan City, Negros Oriental; he died two days later. At year’s end the police were investigating, and no one had been arrested in connection with the killing.