The dreaded Terror Bill has yet to be a law, and yet, once again, the country was ranked as one of the top 10 worst countries in the world for working people, particularly for trade unionists.
The Philippines has been on the top 10 list of the ITUC Global Rights Index for several years now. Other countries included Bangladesh, Brazil Colombia, Kazakhstan, Turkey and Zimbabwe. Joining the top 10 list for the time are Egypt, Honduras and India.
Validated reports on red-tagging, criminalization of trade unionists and murder of trade union leaders in 2019 were cited by the ITUC as evidences of continuing trade repression in the country.
The murders of Dennis Sequeña, a PM organizer in Cavite, as well as Reynaldo Malaborbor of February Six Movement, were cited in the report. Justice have yet to be served in both cases.
As of the end of 2019, 45 trade union and peasant leaders have been murdered since DU30 came to power. This was done with impunity since none of these murders were ever solved.
Meanwhile, the PNP stepped up its red-tagging when it started setting up JIPCOs or Joint Industrial Peace Concerns Office in export processing zones (EPZs) to harass and discriminate workers who organize unions in the pretext of preventing infiltration of radical union in said zones.
Truth is, there are very few unions inside EPZs. Apparently the PNP wants to eliminate them altogether.
It was for this reason that the ILO Committee on Application of Standards (CAS), requested the Philippine government last June 2019 to invite a tripartite high-level mission to validate these claims. The High Level Mission is one of the most powerful instruments used by the ILO in addressing allegations of trade union repression.
Unfortunately, DOLE deferred issuing such invitation. Early this year, the DOLE merely issued a memorandum instructing it’s senior officials to prepare for the ILO High Level Mission.
With the world now in its worst economic recession in 150 years, many are expecting that things could get worst for trade unionists. Using the pandemic as a pretext, a number of countries are issuing policies that undermines workers and trade union rights.
Similarly, the DOLE issued policies like Labor Advisory 17 and DO 213 that severely undermined workers and trade union rights.
Things will certainly turn to worst should the Terror Bill becomes a law. Undoubtedly, the Terror Bill will put PH on top of list with ecozones converted into JIPCO detachments.
NAGKAISA reiterates its demand to stop the killings and calls on government to seriously investigate and go after the murderers of Dennis Sequeña and other trade unionists.
Of equal importance, Nagkaisa is calling for the rescinding anti-labor policies issued by the DOLE. It is also calling on DU30 to veto the Terror Bill.
The ITUC Global Index was released yesterday in Brussels, Belgium. Three of the 4 affiliates of the ITUC in the Philippines - FFW, SENTRO and TUCP - belong to Nagkaisa.
Saturday, June 20, 2020
Tuesday, June 16, 2020
Workers Again Are Left Behind! -- Nagkaisa
Workers are being forced to pay for the costs of the Duterte government’s mishandling the pandemic.
While the government tries to maintain the GCQ status to keep the maximum level of quarantine protocols that it can continue to impose, it fails to sustain even a minimum level of social security that the people badly need such #SapatAtTuloyNaAyudaSaLahat and #BalikTrabahongLigtas.
“An extended lockdown must come with enhanced social amelioration,” Sonny Matula, Chairperson of Nagkaisa, declares. “It should also prompt government to rethink its current attitude of penny-pinching on our economic recovery when we are facing the world’s worst recession in 150 years,” Matula added.
Worse is that it tries to keep people on quarantine but at the same time keeping the stimulus proposals at bay by opposing their required funding. Despite calls for government to roll out a robust economic recovery package that would bail out the people, the DOF and the NEDA continue to hold its untenable position to limit further government expenditures to P130 billion (US2.6), which is equivalent to only .07% of the GDP of US$355B (2019).
Even the idea of DOLE for a 3-month TUPAD emergency employment, though a welcome proposal, is not anchored on the proposal of Nagkaisa for employment guarantee assured with regular funding and which must be based on a new social objective of creating a more productive and sustainable jobs needed by a “Better Normal.” Without a clear jobs generation program, this proposed emergency employment would simply be dispensed through a patronage system.
This is a far cry from what other counties have rolled out to fight the recession.
NAGKAISA once again asserted its demand for income guarantees for all workers amounting to the prevailing minimum wage or P10,000, whichever is higher.
At the same time, the labor coalition also called on the DOTr to ease the transport burdens of workers by deploying PUJs thru service contracting as it is being proposed by many groups, including the Move As One coalition.
NAGKAISA is also calling on government to embark on a serious discussion with labor groups and other social movements and craft a robust economic recovery program. One that is based on an agri-industrial policy aimed at generating employment around key drivers of growth, build up public services especially public health and lag the path for a better normal.
While the government tries to maintain the GCQ status to keep the maximum level of quarantine protocols that it can continue to impose, it fails to sustain even a minimum level of social security that the people badly need such #SapatAtTuloyNaAyudaSaLahat and #BalikTrabahongLigtas.
“An extended lockdown must come with enhanced social amelioration,” Sonny Matula, Chairperson of Nagkaisa, declares. “It should also prompt government to rethink its current attitude of penny-pinching on our economic recovery when we are facing the world’s worst recession in 150 years,” Matula added.
Worse is that it tries to keep people on quarantine but at the same time keeping the stimulus proposals at bay by opposing their required funding. Despite calls for government to roll out a robust economic recovery package that would bail out the people, the DOF and the NEDA continue to hold its untenable position to limit further government expenditures to P130 billion (US2.6), which is equivalent to only .07% of the GDP of US$355B (2019).
Even the idea of DOLE for a 3-month TUPAD emergency employment, though a welcome proposal, is not anchored on the proposal of Nagkaisa for employment guarantee assured with regular funding and which must be based on a new social objective of creating a more productive and sustainable jobs needed by a “Better Normal.” Without a clear jobs generation program, this proposed emergency employment would simply be dispensed through a patronage system.
This is a far cry from what other counties have rolled out to fight the recession.
NAGKAISA once again asserted its demand for income guarantees for all workers amounting to the prevailing minimum wage or P10,000, whichever is higher.
At the same time, the labor coalition also called on the DOTr to ease the transport burdens of workers by deploying PUJs thru service contracting as it is being proposed by many groups, including the Move As One coalition.
NAGKAISA is also calling on government to embark on a serious discussion with labor groups and other social movements and craft a robust economic recovery program. One that is based on an agri-industrial policy aimed at generating employment around key drivers of growth, build up public services especially public health and lag the path for a better normal.
Sunday, June 14, 2020
INTERNATIONAL TRADE UNIONS SUPPORT PHIL WORKERS' STRUGGLE AGAINST ANTI-TERROR BILL
In solidarity with the Filipino workers, the 200 million-strong International Trade Union Confederation (ITUC) and the ITUC-Asia Pacific affiliates threw their support to the major Philippine trade unions and the Nagkaisa Labor Coalition in their advocacy to oppose the passage into law of the enrolled Anti-Terror Bill in its present form contained in Senate Bill 1083 and House Bill 6875.
The FFW, KMU, SENTRO, and TUCP are affiliates of the ITUC in the Philippines and manifested strong opposition to the enrolled bill.
The four major trade unions and the Nagkaisa Labor Coalition assailed the Anti-Terror Bill seeking to amend the Human Security Act of 2007 (RA 9372) as unconstitutional and will likely run contrary to the Philippine international trade union and human rights’ commitments.
In their letter to President Rodrigo Duterte dated June 12, 2020, ITUC Secretary General Sharan Burrow and ITUC-Asia Pacific head Shoya Yoshida said they are "extremely concerned" that the Anti-Terror Bill if enacted into law "will further securities, shrink and stifle civic space and rights at work placing workers, trade union activists, and other human rights actors and defenders under even more jeopardy and danger of arbitrary, indiscriminate and baseless attacks, harassment, intimidation, and killings at the hands of the police, the military, and other security agencies."
Nagkaisa also said the assailed bill will highly endanger trade unions and people’s organizations in the Philippines.
Burrow and Yoshida said that "numerous provisions of the bills are in serious contradiction with international law." Both the two ITUC leaders join the Philippine trade unions' call on President Duterte to veto the Anti-Terrorism Bill and subject related legislative enactment to consultations with trade unions.
Nagkaisa said that the anti-terror bill not only runs contrary to the fundamental law of the Philippines but also disregards ILO Convention 87 on Freedom of Association and the UN International Conventions on Civil and Political Rights (UN ICCPR).
Nagkaisa looks at SB 1083 and HB 6875 as threats to life and liberty of the Filipino people like what “terrorists” wanted to achieve.
ITUC affiliates studied the two bills and both identical versions expanded the crimes penalized by the original Human Security Act of 2007 (HSA otherwise known as RA 9372). HSA penalized only terrorism and conspiracy to commit terrorism, the two bills aim to penalize a wide smorgasbord of acts.
Nagkaisa looks at the Anti-Terror Bills as ominous and trade union leaders have premonitions of the return of dark days under martial law (after issuance of the Presidential Proclamation 1081 in 1972) which ushered thousands of warrantless arrests, extra-legal killings, police and military abuses, and other terror acts committed against the people of the Philippines.
ITUC and ITUC Asia-Pacific join with the trade unions of the Philippines in holding the view that as regards the fight against terrorism government needs not negate protecting trade union and human rights. Both fighting terrorism and upholding rights are mutually reinforcing goals.
The FFW, KMU, SENTRO, and TUCP are affiliates of the ITUC in the Philippines and manifested strong opposition to the enrolled bill.
The four major trade unions and the Nagkaisa Labor Coalition assailed the Anti-Terror Bill seeking to amend the Human Security Act of 2007 (RA 9372) as unconstitutional and will likely run contrary to the Philippine international trade union and human rights’ commitments.
In their letter to President Rodrigo Duterte dated June 12, 2020, ITUC Secretary General Sharan Burrow and ITUC-Asia Pacific head Shoya Yoshida said they are "extremely concerned" that the Anti-Terror Bill if enacted into law "will further securities, shrink and stifle civic space and rights at work placing workers, trade union activists, and other human rights actors and defenders under even more jeopardy and danger of arbitrary, indiscriminate and baseless attacks, harassment, intimidation, and killings at the hands of the police, the military, and other security agencies."
Nagkaisa also said the assailed bill will highly endanger trade unions and people’s organizations in the Philippines.
Burrow and Yoshida said that "numerous provisions of the bills are in serious contradiction with international law." Both the two ITUC leaders join the Philippine trade unions' call on President Duterte to veto the Anti-Terrorism Bill and subject related legislative enactment to consultations with trade unions.
Nagkaisa said that the anti-terror bill not only runs contrary to the fundamental law of the Philippines but also disregards ILO Convention 87 on Freedom of Association and the UN International Conventions on Civil and Political Rights (UN ICCPR).
Nagkaisa looks at SB 1083 and HB 6875 as threats to life and liberty of the Filipino people like what “terrorists” wanted to achieve.
ITUC affiliates studied the two bills and both identical versions expanded the crimes penalized by the original Human Security Act of 2007 (HSA otherwise known as RA 9372). HSA penalized only terrorism and conspiracy to commit terrorism, the two bills aim to penalize a wide smorgasbord of acts.
Nagkaisa looks at the Anti-Terror Bills as ominous and trade union leaders have premonitions of the return of dark days under martial law (after issuance of the Presidential Proclamation 1081 in 1972) which ushered thousands of warrantless arrests, extra-legal killings, police and military abuses, and other terror acts committed against the people of the Philippines.
ITUC and ITUC Asia-Pacific join with the trade unions of the Philippines in holding the view that as regards the fight against terrorism government needs not negate protecting trade union and human rights. Both fighting terrorism and upholding rights are mutually reinforcing goals.
Nagkaisa Slams Sec Panelo's Recommendation to Affix Presidential Imprimatur to the Anti-Terror Bill! Calls him to take Seriously his job
The Nagkaisa Labor Coalition slams presidential legal counsel Salvador Panelo on his recommendation to give presidential imprimatur on the anti-terror bill.
Sec Salvador Panelo's contention that the constitutional infirmities of the Anti-Terrorism are “misplaced” criticism is misleading and an act of avoiding the main issues. He argued that the members of the Anti-Terrorism Council (ATC) have “the training and competence to establish the existence of probable cause” preliminary to the arrest of a suspected terrorist.
Nagkaisa has no dis-agreement that the ATC might be composed of civilians and lawyers who are members of the Cabinet BUT they are part of the executive department -- not the judicial department which has the authority to issue a warrant of arrest.
The Anti-Terror bill sounds and smells like the Marco's presidential commitment order (PCOs) and executive arrest, search and seizure orders (ASSOs) during martial law.
With all due respect, even if the members of the ATC have been schooled and trained to determine probable cause as defined by law -- they are not judges vested with constitutional authority to determine the existence of a probable cause for purposes of the issuance of a warrant of arrest.
Sec Panelo said the ATC will base its findings on “evidence or proof” to convince them that there is reason to believe that the suspect has committed acts defined under the law to be terroristic.
Why arrogate such power from a judge? It is the big question mark asked the biggest labor Coalition in the country to Sec Panelo.
The anti-terror bill in its present form recklessly gives judicial authority with alacrity to the executive department. And, Sec Panelo has confirmed that indeed the ATC would acquire such judicial power under the assailed bill.
Nagkaisa is of the opinion that an administrative order -- issued by the would-be created Anti-Terrorism Council alone -- is unconstitutional. ATC has the discretion to arrest and detain people on the basis of mere suspicion alone.
Such an executive act alone is clearly an illegal authorization, overreaching the province of the judicial branch. This provision is recklessly drafted and repugnant to the 1987 Constitution!
Sec. 29 of the Bill grants authority to law enforcers to arrest any person suspected of committing any terrorist act and detain him for 24 days at the behest of the ATC alone. This is outside the plenary power of Congress and, therefore, clearly unconstitutional.
Sec Panelo knowingly ignores that Sec. 29 is also repugnant to Article III, Section 2 of the fundamental law. Section 2, Article III of the Constitution states that a search warrant or warrant of arrest can only be issued upon showing of:
(1) a probable cause to be determined personally by the judge, (2) after examination under oath or affirmation of the complainant and the witnesses he may produce, (3) and particularly describing the place to be searched and the persons or things to be seized.
Sec Panelo sidesteps the basic doctrine in Constitutional Law that it is only a judge who may issue a warrant for the arrest of any person.
Penned by Justice Sarmiento in the case of Salazar vs. Achacoso 1(83 SCRA 145) the Supreme Court categorically stated thus –
“x x x it is only a judge who may issue warrants of search and arrest and reaffirming the following principles
“1. Under Article III Sec. 2 of the 1987 Constitution, it is only judges and no other, who may issue warrants of arrests and search;"
Nagkaisa holds that any legislative proposal contrary to any provision of the constitution is null and void. An act of Congress that diverts from the true north -- the constitution -- is not a law; such act confers neither rights nor authority; it imposes no duties. As enshrined in jurisprudence, such "unconstitutional act affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed."
Also, Nagakaisa calls on Sec Panelo not to ignore the constitutional principles of checks and balances. We wish him to take his duty seriously as the enactment of the assailed bill into law is "a clear and present danger" to the life and liberty of ordinary citizens.
Nagkaisa thanks its members as well as those brave women and men belonging to Kalipunan, iDEFEND, PAHRA, Akbayan, Akbayan Youth, Youth Resist, Artikulo 13, PM Coalition, Black and White, The Silent Majority, Tigil-Kontra Mina, among others, who dared the inclement weather and the police threats of arrest in a protest rally, on Independence Day, from the Bantayog ng mga Bayani to the Liwasang Pepe Diokno at the CHR compound, UP Diliman campus.
Sec Salvador Panelo's contention that the constitutional infirmities of the Anti-Terrorism are “misplaced” criticism is misleading and an act of avoiding the main issues. He argued that the members of the Anti-Terrorism Council (ATC) have “the training and competence to establish the existence of probable cause” preliminary to the arrest of a suspected terrorist.
Nagkaisa has no dis-agreement that the ATC might be composed of civilians and lawyers who are members of the Cabinet BUT they are part of the executive department -- not the judicial department which has the authority to issue a warrant of arrest.
The Anti-Terror bill sounds and smells like the Marco's presidential commitment order (PCOs) and executive arrest, search and seizure orders (ASSOs) during martial law.
With all due respect, even if the members of the ATC have been schooled and trained to determine probable cause as defined by law -- they are not judges vested with constitutional authority to determine the existence of a probable cause for purposes of the issuance of a warrant of arrest.
Sec Panelo said the ATC will base its findings on “evidence or proof” to convince them that there is reason to believe that the suspect has committed acts defined under the law to be terroristic.
Why arrogate such power from a judge? It is the big question mark asked the biggest labor Coalition in the country to Sec Panelo.
The anti-terror bill in its present form recklessly gives judicial authority with alacrity to the executive department. And, Sec Panelo has confirmed that indeed the ATC would acquire such judicial power under the assailed bill.
Nagkaisa is of the opinion that an administrative order -- issued by the would-be created Anti-Terrorism Council alone -- is unconstitutional. ATC has the discretion to arrest and detain people on the basis of mere suspicion alone.
Such an executive act alone is clearly an illegal authorization, overreaching the province of the judicial branch. This provision is recklessly drafted and repugnant to the 1987 Constitution!
Sec. 29 of the Bill grants authority to law enforcers to arrest any person suspected of committing any terrorist act and detain him for 24 days at the behest of the ATC alone. This is outside the plenary power of Congress and, therefore, clearly unconstitutional.
Sec Panelo knowingly ignores that Sec. 29 is also repugnant to Article III, Section 2 of the fundamental law. Section 2, Article III of the Constitution states that a search warrant or warrant of arrest can only be issued upon showing of:
(1) a probable cause to be determined personally by the judge, (2) after examination under oath or affirmation of the complainant and the witnesses he may produce, (3) and particularly describing the place to be searched and the persons or things to be seized.
Sec Panelo sidesteps the basic doctrine in Constitutional Law that it is only a judge who may issue a warrant for the arrest of any person.
Penned by Justice Sarmiento in the case of Salazar vs. Achacoso 1(83 SCRA 145) the Supreme Court categorically stated thus –
“x x x it is only a judge who may issue warrants of search and arrest and reaffirming the following principles
“1. Under Article III Sec. 2 of the 1987 Constitution, it is only judges and no other, who may issue warrants of arrests and search;"
Nagkaisa holds that any legislative proposal contrary to any provision of the constitution is null and void. An act of Congress that diverts from the true north -- the constitution -- is not a law; such act confers neither rights nor authority; it imposes no duties. As enshrined in jurisprudence, such "unconstitutional act affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed."
Also, Nagakaisa calls on Sec Panelo not to ignore the constitutional principles of checks and balances. We wish him to take his duty seriously as the enactment of the assailed bill into law is "a clear and present danger" to the life and liberty of ordinary citizens.
Nagkaisa thanks its members as well as those brave women and men belonging to Kalipunan, iDEFEND, PAHRA, Akbayan, Akbayan Youth, Youth Resist, Artikulo 13, PM Coalition, Black and White, The Silent Majority, Tigil-Kontra Mina, among others, who dared the inclement weather and the police threats of arrest in a protest rally, on Independence Day, from the Bantayog ng mga Bayani to the Liwasang Pepe Diokno at the CHR compound, UP Diliman campus.
Friday, June 12, 2020
Nothing is right in terrorism, but there are many things wrong in anti-terror law
Terrorism never goes right. That's why unionism is not terrorism the way of the worker to defend himself and fight for the welfare. Even the strike as the highest level of fight workers is done in the manner of unionism, not of terrorism. In other words, terrorism worker hates.
But when the anti-terror bill becomes law, the way itself of unionism can be considered state terrorism. Because it's not hidden but tomorrow is the goal to silence any target of this silence, individual or group.
It is also a threat to freedom not only to the journalist but also to organizing workers and defending their own wellbeing. Under anti-terror law, the Philippines will become a country of independent workers and citizens.
A clear example of this is the PNP launch of Central Luzon Joint Industrial Peace and Concern Office (JIPCO) whose purpose is to put detachment to the ecozones to allegedly prevent the impiltration of radical unionism which is among the people terrorist group in factories in it. The worker movement is pushing this but DOLE and the whole government are armchair.
Anti-terror law is not yet visible to the head of this monster in the JIPCO body. When this becomes law, all factory will become detachment of JIPCO.
SO FREEDOM WORKER WISHES FOR FREEDOM DAY: PRESIDENTIAL VETO WILL DIS ANTI-TERROR BILL.
By terror law also established a Palace committee - the Anti-Terrorism Council (ATC) whose power is higher than three branches of government. This is not only against the constitution but giving power to the people chosen by the President to define and the people or groups that they will also consider terrorist, terrorist, or terrorism in mind.
And most of all, in this season of pandemic and economic crisis workers don't need such a law. This is nothing to help with fighting and rising the country from crisis. Worker needs now work, food, freedom, and new policies that will bring the country to better and humanitarian normal.
For this, the much needed law is a stimulus program that states can adequately fund to ensure that workers who have lost their income and employment guarantee and will lose their jobs. Anti-terror law is just a distraction to this more important program.
Ayuda fund, terror bill turning back! Ayuda not dictatorship! Work not Arrest! Help not imprisoned! Freedom is not intimidating to the people!
#JunkTerrorBill
#AyudaPondohanTerrorBillAtrasan
#AyudaHindiDiktadura
But when the anti-terror bill becomes law, the way itself of unionism can be considered state terrorism. Because it's not hidden but tomorrow is the goal to silence any target of this silence, individual or group.
It is also a threat to freedom not only to the journalist but also to organizing workers and defending their own wellbeing. Under anti-terror law, the Philippines will become a country of independent workers and citizens.
A clear example of this is the PNP launch of Central Luzon Joint Industrial Peace and Concern Office (JIPCO) whose purpose is to put detachment to the ecozones to allegedly prevent the impiltration of radical unionism which is among the people terrorist group in factories in it. The worker movement is pushing this but DOLE and the whole government are armchair.
Anti-terror law is not yet visible to the head of this monster in the JIPCO body. When this becomes law, all factory will become detachment of JIPCO.
SO FREEDOM WORKER WISHES FOR FREEDOM DAY: PRESIDENTIAL VETO WILL DIS ANTI-TERROR BILL.
By terror law also established a Palace committee - the Anti-Terrorism Council (ATC) whose power is higher than three branches of government. This is not only against the constitution but giving power to the people chosen by the President to define and the people or groups that they will also consider terrorist, terrorist, or terrorism in mind.
And most of all, in this season of pandemic and economic crisis workers don't need such a law. This is nothing to help with fighting and rising the country from crisis. Worker needs now work, food, freedom, and new policies that will bring the country to better and humanitarian normal.
For this, the much needed law is a stimulus program that states can adequately fund to ensure that workers who have lost their income and employment guarantee and will lose their jobs. Anti-terror law is just a distraction to this more important program.
Ayuda fund, terror bill turning back! Ayuda not dictatorship! Work not Arrest! Help not imprisoned! Freedom is not intimidating to the people!
#JunkTerrorBill
#AyudaPondohanTerrorBillAtrasan
#AyudaHindiDiktadura
Thursday, June 11, 2020
NAGKAISA In Response to the Threats of the PNP and the DILG
We, the people, are the authors of the Constitution.
Any law or proposal enacted by Congress which destroys or derogates our rights is not a law but an abuse of power.
It is the duty of every citizen to resist or reject such oppressive proposal as a matter of right to self-defense and defense of the rights of the people.
It is for this reason why NAGKAISA, together with the broad Anti-Terror Bill movement will hold mañanita in the streets tomorrow to press for an end to this new nightmare.
We call on the President to veto the bill and instead work on a robust economic package that would address the lack of aid and the massive job losses brought about by the Covid-19 pandemic.
Any law or proposal enacted by Congress which destroys or derogates our rights is not a law but an abuse of power.
It is the duty of every citizen to resist or reject such oppressive proposal as a matter of right to self-defense and defense of the rights of the people.
It is for this reason why NAGKAISA, together with the broad Anti-Terror Bill movement will hold mañanita in the streets tomorrow to press for an end to this new nightmare.
We call on the President to veto the bill and instead work on a robust economic package that would address the lack of aid and the massive job losses brought about by the Covid-19 pandemic.
Wednesday, June 10, 2020
Nagkaisa Urges Duterte to Veto Anti-Terror Bill for being unconstitutional; calls Anti-Terror Protest on Independence Day!
The Nagkaisa Labor Coalition including 40 of its affiliate trade centers, federations and associations calls on President Rodrigo Duterte to use his veto power under Sec 27(1) of Article VI to prevent the enactment into law of a proposal which runs afoul with our constitution.
Comes Independence Day, the biggest labor Coalition in the country calls on every citizen to manifest protest on the assault on our fundamental rights allowed with alacrity by the newly passed Anti-Terror Bill. The bill attacks the core of the Constitution by wrecking havoc on the structure of government, particularly separation of powers. Its overbroad and vague definition of terrorist acts also terrorizes the provisions of the Bills of Rights. This is detrimental to democracy and repugnant to human rights, particularly the rights to life and liberty of our people.
The Anti-Terror Bill authorizes the executive department to usurp the power of the judiciary. Specifically, a mere administrative order, issued by the would be created Anti-Terrorism Council alone, may be used to arrest and detain people on the basis of mere suspicion alone.
This is highly scandalous and shocking to conscience in a civilized society. An executive office arrogating unto itself a judicial power (see Sec 29 of Anti Terrorist Bills ).
Such an executive act alone is clearly an illegal authorization, overreaching the province of the judicial branch which is recklessly drafted and repugnant to the 1987 Constitution!
Sec. 29 of the Bill grants authority to law enforcers to arrest any person suspected of committing any terrorist act and detain him for 24 days at the behest of the executive department alone. This is outside the plenary power of Congress and, therefore, clearly unconstitutional.
Sec. 29 is also repugnant to Article III, Section 2 of the fundamental law. Section 2, Article III of the Constitution states that a search warrant or warrant of arrest can only be issued upon showing of:
(1) a probable cause to be determined personally by the judge,
(2) after examination under oath or affirmation of the complainant and the witnesses he may produce,
(3) and particularly describing the place to be searched and the persons or things to be seized.
It is basic in Constitutional Law that it is only a judge who may issue a warrant for the arrest of any person. In the case of Salazar vs. Achacoso, 183 SCRA 145, the Supreme Court categorically stated thus –
“x x x it is only a judge who may issue warrants of search and arrest and reaffirming the following principles
“1. Under Article III Sec. 2 of the 1987 Constitution, it is only judges and no other, who may issue warrants of arrests and search;"
President Duterte is a lawyer and a former city prosecutor in Davao City. He knows very well the architecture of separation of powers.
Nagkaisa holds that an unconstitutional act of Congress is not a law; such act confers no rights; it imposes no duties. As enshrined in jurisprudence, such unconstitutional act affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed.
Nagakaisa and other democratic organizations and believers of human rights are calling on President Duterte to veto the proposal.
Lastly, Nagkaisa with other democratic groups call on all citizens to manifest their protest against the enactment into law of this anti-democratic bill.
Trabaho, Pagkain, Kalayaan! Hindi Terror Bill!
Ipaglaban ang Kalayaan; ibasura ang Anti-Terror Bill.
Comes Independence Day, the biggest labor Coalition in the country calls on every citizen to manifest protest on the assault on our fundamental rights allowed with alacrity by the newly passed Anti-Terror Bill. The bill attacks the core of the Constitution by wrecking havoc on the structure of government, particularly separation of powers. Its overbroad and vague definition of terrorist acts also terrorizes the provisions of the Bills of Rights. This is detrimental to democracy and repugnant to human rights, particularly the rights to life and liberty of our people.
The Anti-Terror Bill authorizes the executive department to usurp the power of the judiciary. Specifically, a mere administrative order, issued by the would be created Anti-Terrorism Council alone, may be used to arrest and detain people on the basis of mere suspicion alone.
This is highly scandalous and shocking to conscience in a civilized society. An executive office arrogating unto itself a judicial power (see Sec 29 of Anti Terrorist Bills ).
Such an executive act alone is clearly an illegal authorization, overreaching the province of the judicial branch which is recklessly drafted and repugnant to the 1987 Constitution!
Sec. 29 of the Bill grants authority to law enforcers to arrest any person suspected of committing any terrorist act and detain him for 24 days at the behest of the executive department alone. This is outside the plenary power of Congress and, therefore, clearly unconstitutional.
Sec. 29 is also repugnant to Article III, Section 2 of the fundamental law. Section 2, Article III of the Constitution states that a search warrant or warrant of arrest can only be issued upon showing of:
(1) a probable cause to be determined personally by the judge,
(2) after examination under oath or affirmation of the complainant and the witnesses he may produce,
(3) and particularly describing the place to be searched and the persons or things to be seized.
It is basic in Constitutional Law that it is only a judge who may issue a warrant for the arrest of any person. In the case of Salazar vs. Achacoso, 183 SCRA 145, the Supreme Court categorically stated thus –
“x x x it is only a judge who may issue warrants of search and arrest and reaffirming the following principles
“1. Under Article III Sec. 2 of the 1987 Constitution, it is only judges and no other, who may issue warrants of arrests and search;"
President Duterte is a lawyer and a former city prosecutor in Davao City. He knows very well the architecture of separation of powers.
Nagkaisa holds that an unconstitutional act of Congress is not a law; such act confers no rights; it imposes no duties. As enshrined in jurisprudence, such unconstitutional act affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed.
Nagakaisa and other democratic organizations and believers of human rights are calling on President Duterte to veto the proposal.
Lastly, Nagkaisa with other democratic groups call on all citizens to manifest their protest against the enactment into law of this anti-democratic bill.
Trabaho, Pagkain, Kalayaan! Hindi Terror Bill!
Ipaglaban ang Kalayaan; ibasura ang Anti-Terror Bill.
Wednesday, June 3, 2020
BIGGEST LABOR COALITION SLAMS ANTI-TERROR BILLS; LOOK AT THE BILLS AS REPUGNANT TO THE FUNDAMENTAL LAW AND THEY RUN CONTRARY TO INTERNATIONAL HUMAN RIGHTS COMMITMENTS
Despite the assurance of both the Secretaries of the National Defense and the Interior and Local Government that “there is nothing to fear” with the proposals in Congress, Nagkaisa Labor Coalition cannot support the proposals that, no matter how seductive, are reckless and run contrary to the fundamental law and our international commitment. The approval in the Senate in February 2020 and the hasty passage of the Anti-Terror Bill in the joint house committees of the House of Representatives last week were ominous. They are premonitions of the return of dark days under Presidential Proclamation 1081 in 1972. PP 1081 paved the way for warrantless arrests, extra-legal killings, police and military abuses, and other terror acts of Martial Law until 1986.
Nagkaisa holds that countering terrorism and protecting human rights as mutually reinforcing goals. Fundamental to us is the understanding that terrorism is a denial of democracy and of human rights to life and liberty. Our members are committed to combating all acts of terrorism, without exception, and that includes the protection of all individuals from terror acts, whether it comes from the state or those groups who advocate violent extremism that leads to terrorism.
Nagkaisa holds that warrantless arrest, extended detention without probable cause, guilt by association, among others, are real threats to the life and liberty of our people. These are real threats not from “terrorists” but emanating from the proposed anti-terror bills.
With all due respect to our policy-makers, Senate Bill 1083 and HB 6875 are threats to life and liberty of the Filipino people like what “terrorists” wanted to achieve. They run contrary to the fundamental law of the Philippines and repugnant to the UN International Conventions on Civil and Political Rights (UN ICCPR).
Firstly, recklessly running contrary to the constitutional protection in Section 2 of Article III of the Bill of Rights prohibiting warrantless arrest and Article 14 (2) of the UN ICCPR on the right to presumption of innocence, SB 1083 (Sec 29) and HB 6875 allow warrantless arrest by a mere suspicion that a person committed any terrorist acts defined in the bills. The enforcement authorities have the power to arrest any suspect without personal knowledge or probable cause. The only requirement for enforcer is to merely notify a judge without the latter examining the police or his witnesses and, thereby, no finding of probable cause as required by the fundamental law.
SB 1083 and HB 6875 also propose to amend the existing Human Security Act (9372) by extending the days of detention from the present three (3) days to 14, with an option to extend for another 10 days, if necessary, purportedly to preserve evidence, prevent an upcoming terrorist attack, or properly conclude an investigation.
Secondly, blatantly disregarding freedom of expression guaranteed by Section 4 of the Bill of Rights and Article 19 (1) of the UN ICCPR, SB 1083 (Sec 9) and HB 6875 also consider it as a crime for any person who, without taking direct part in the commission of terrorism, shall express an opinion or show emblems, banners or other representations perceive to favor individuals or groups tagged as terrorists and shall suffer the penalty of imprisonment of twelve (12) years.
Thirdly, any citizen can be considered a criminal by association under Section 10 of SB 1083 as well as HB 6875. Mere membership to an association tagged as a terrorist group is also dangerous to one’s life and liberty as it entails a penalty of life imprisonment without the benefit of parole. SB 1083 resurrects the doctrine laid down in Cold War-era anti-subversion law (RA 1700) which was already repealed by President Fidel Ramos in 1992. By repealing the anti-subversion law, Ramos invited the communist party to a peace talk and bring its advocacies into the open and compete in the marketplace of ideas.
Fourthly, the SB 1083 and HB 6875 also drop the provision on damages for an unproven charge of terrorism under Sec. 50 of the Human Security Act (RA 9372), which entitles any person wrongfully accused of terrorism to P500,000 for every day spent in detention. Thus, police’s negligence or blatant disregard of one’s constitutional right has no more deterrent tort liability as it is now removed from the proposed bills.
Those who don’t learn from history are condemned to repeat it. Let us remember that the former dictatorial regime held-on to power for 14 years primarily on the pretext that terrorism and the terroristic acts of the communist and Moro insurgents awaited our people -- while Marcos and his cohorts unleashed their brand of terror and terrorized the Filipino people.
Tuesday, June 2, 2020
End the madness of transport policy during GCQ! Nagkaisa bats for safe and free public transportation!
Nagkaisa assailed the national government, particularly the DOTr and the MMDA, for its massive failure to provide adequate public transportation on the first day of GCQ in Metro Manila.
Nagkaisa is highly disappointed with DOTr for its failure to perform its primary mandate to provide "efficient, and dependable transportation systems.” Chaos and confusion now reigns in the streets of Metro Manila as hundreds of thousands of workers scramble to get to work.
Contrary to MMDA’s arrogant claims of its full readiness for June 1, physical distancing was completely compromised as commuters waited for transport services. For many, the wait was in vain as the MMDA did not provide bus stops from Quezon Ave to Ayala Ave.
In its mad rush to jump start a stalled economy without due consideration to the safety and welfare of workers, the national government has once again succeeded in heaping more unnecessary burdens to the working class.
Worst, with this transport fiasco, the DOTr and the MMDA risks wasting all the sacrifices forced on everyone for more than 2 months of lockdown to stop Covid-19.
Nagkaisa believes that all these could have been avoided had the national government provided “safe and free” transportation by implementing service contracting of PUVs that could have augmented the limited public transportation that we have.
Proposed by Move As One coalition, service contracting of PUVs would not only ensure adequate public transportation in areas under the general community quarantine (GCQ), but also protect thousands of transport workers as they earn much needed livelihood.
Nagkaisa and its affiliates are members of the We Move As One coalition.
Under service contracting, the government pays the operators and drivers to run pre-determined routes to ferry workers. This is far different from the prevailing “boundary system,” in which earnings are based on the number of passengers ferried.
Nagkaisa calls on the DOTr, the MMDA and the national government to immediately address this dangerous situation or risk worsening the continuous rise in Covid-19 cases!
Nagkaisa is highly disappointed with DOTr for its failure to perform its primary mandate to provide "efficient, and dependable transportation systems.” Chaos and confusion now reigns in the streets of Metro Manila as hundreds of thousands of workers scramble to get to work.
Contrary to MMDA’s arrogant claims of its full readiness for June 1, physical distancing was completely compromised as commuters waited for transport services. For many, the wait was in vain as the MMDA did not provide bus stops from Quezon Ave to Ayala Ave.
In its mad rush to jump start a stalled economy without due consideration to the safety and welfare of workers, the national government has once again succeeded in heaping more unnecessary burdens to the working class.
Worst, with this transport fiasco, the DOTr and the MMDA risks wasting all the sacrifices forced on everyone for more than 2 months of lockdown to stop Covid-19.
Nagkaisa believes that all these could have been avoided had the national government provided “safe and free” transportation by implementing service contracting of PUVs that could have augmented the limited public transportation that we have.
Proposed by Move As One coalition, service contracting of PUVs would not only ensure adequate public transportation in areas under the general community quarantine (GCQ), but also protect thousands of transport workers as they earn much needed livelihood.
Nagkaisa and its affiliates are members of the We Move As One coalition.
Under service contracting, the government pays the operators and drivers to run pre-determined routes to ferry workers. This is far different from the prevailing “boundary system,” in which earnings are based on the number of passengers ferried.
Nagkaisa calls on the DOTr, the MMDA and the national government to immediately address this dangerous situation or risk worsening the continuous rise in Covid-19 cases!
Monday, June 1, 2020
NAGKAISA Labor Coalition slams Congress for railroading of the Monster Anti-Terrorism Bill
We mince no words in denouncing the hasty passage of the Anti-Terrorism Bill in the House of Representatives last Friday. It could be remembered that the same measure was overwhelmingly approved by the Senate last February 26, 2020, with only two (2) Senators registering their disapproval. The House of Representatives did no better with a vote of 40-2 in the Committee last May 29, 2020, which adopted the Senate version of the bill. The passage into law of this Monster bill would be an acceleration to an already slow and steady descent into fascism of our country today.
We take particular exception in the extremely broad definitions of “terrorism” in the Monster bill, which would virtually criminalize almost all forms of dissent. Another equally appalling provision would be the warrantless arrests and detention of suspects, which basically overturns every Filipino’s right to be presumed innocent until proven otherwise. Moreover, the provisions equating the mere threat to property to terrorism does not serve the interest of the working class who is bereft of any property to speak of in the first place. Clearly, the Monster bill does not have working class interests in mind.
Instead of focusing on how to effectively deal with the COVID-19 pandemic, or to help the 11,000 ABS-CBN employees, as well as the projected 10 million working class Filipinos keep their much-needed jobs, our Honorable lawmakers saw it fit to invest their time into crafting more laws that would possibly endanger more the already grim human rights situation in our country today.
Nagkaisa calls on all working class Filipinos to make their voices heard and oppose this Monster bill and call on their legislators to prevent this bill from passing.
We take particular exception in the extremely broad definitions of “terrorism” in the Monster bill, which would virtually criminalize almost all forms of dissent. Another equally appalling provision would be the warrantless arrests and detention of suspects, which basically overturns every Filipino’s right to be presumed innocent until proven otherwise. Moreover, the provisions equating the mere threat to property to terrorism does not serve the interest of the working class who is bereft of any property to speak of in the first place. Clearly, the Monster bill does not have working class interests in mind.
Instead of focusing on how to effectively deal with the COVID-19 pandemic, or to help the 11,000 ABS-CBN employees, as well as the projected 10 million working class Filipinos keep their much-needed jobs, our Honorable lawmakers saw it fit to invest their time into crafting more laws that would possibly endanger more the already grim human rights situation in our country today.
Nagkaisa calls on all working class Filipinos to make their voices heard and oppose this Monster bill and call on their legislators to prevent this bill from passing.
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