Press Statement: May 14, 2012

“The military’s latest statement that there was no torture defies logic and distorts reality.” This was the statement of the National Union of Peoples’ Lawyer (NUPL) Panel of Private Prosecutors through NUPL Secretary General Atty. Edre Olalia after it was reported that five of the Morong 43 healthworkers – who admitted under duress to being communist guerrillas – refuted the charge of torture that was alleged in the criminal complaint filed in the Department of Justice (DoJ) on May 4, 2012.

 Aside from violation of the Anti-Torture Act, the complaint alleges violation of the rights of persons arrested, detained or under custodial investigation and robbery.

“They should study the law well to know what constitutes torture if they continue to pretend not to realize it,” Atty. Olalia said.

The complaint impleads former President Gloria Macapagal-Arroyo who ironically signed into law in November 2009 the Anti-Torture Act. Also named as respondents were Gen. Victor Ibrado, Gen. Delfin Bangit and other military and police officials.

“The five left with the military have graduated from being tortured to their wits end to being pampered to their endless delight. They should be ashamed of themselves,” Atty. Olalia said.

“Their subsequent incredible testimony will wilt before the light of their original spontaneous and voluntary accounts of how they were dehumanized by their tormentors and now present handlers,” Atty. Olalia added.

The five who, according to news reports, will testify for the military previously attested that they were tortured and forced to admit that they are New People’s Army (NPA) members. Their testimony is at the very least questionable after they have been kept in the custody of the military.

The NUPL and the Public Interest Law Center (PILC) are also the counsel of the Morong 43 in their Habeas Corpus case pending with the Supreme Court since March 2010, in their complaint with the Commission on Human Rights (CHR) pending since February 2010, and in the civil case for damages they filed before a Quezon City Regional Trial Court in April 2011.

Reference: Atty. Edre U. Olalia, Secretary General, 0917511337

Hold Arroyo liable for human rights violations, Aquino told by Ronalyn Olea, Bulatlat.com

Posted on March 1, 2012

“She [Arroyo] either knew, acquiesced, tolerated or gave orders [on these human rights violations],” Edre Olalia, one of the lawyers of the Morong 43 and secretary general of the National Union of People’s Lawyers (NUPL), said during the filing of the case.

“The complaint cites very clearly the numerous causes of action,” Julian Oliva Jr. of the NUPL and one of the lawyers of the Morong 43, told Bulatlat.com in an interview.

Human rights defenders still under attack by Ronalyn Olea, Bulatlat.com

Posted on March 3, 2012

MANILA – Speaking before an international conference, two Filipino human rights advocates exposed the continuing attacks on human rights defenders under the current government.

In a paper presented to the Conference on Defending Human Rights Defenders, February 24 at the Amnesty International UK Human Rights Action Centre in London, Edre Olalia, secretary general of the National Union of Peoples’ Lawyers (NUPL) and Cristina Palabay, spokeswoman of Karapatan, revealed that there are 37 human rights defenders slain under the Aquino administration.

Wanted: People’s Lawyers by Marilou Aguirre-Tiburan, Davao Today

Posted on March 7, 2012

“Public interest lawyers are not just confined in the courtrooms.  Part of it is their advocacy outside the courtrooms.  It’s a big thing that they fight these issues and they have a big role to play in that respect,” said Colmenares, who also heads the Manila-based National Union of People’s Lawyers.

Caraga’s Begil agreed with Colmenares, saying, “We are needed not just in the legal front, but also outside the courts.  We have to educate the people on their rights and how to defend their interests,” he said.

SC junks petition vs Maguindanao martial law by Ina Reformina, ABS-CBN News

Posted on March 20, 2012

Petitioners who questioned the declaration of martial law in Maguindanao include:

Maguindanao Representative Didagen Dilangalen,
National Union of People’s Lawyers together with Bayan and Gabriela,
Ampatuan lawyer Sigfrid Fortun and Albert Lee Angeles,
former Senate President Jovito Salonga together with former University of the Philippines College of Law Dean Raul Pangalangan along with lawyers Harry Roque Jr., Joel Butuyan, Emilio Capulong, Florin Hilbay, Romel Bagares, Dexter Donne Dizon, Allan Jones Lardizabal and Gilbert Andres and law student Joseph Nelson Loyola.

“Sila na nga dito ang nawalan ng lupa sila pa ngayon ang makukulong “—Lawyer by Crisanto Balleta and Nilo Alcantara, Kodao

Posted on March 20, 2012

A day after 22 Hacienda Luisita workers and farmers were ordered arrested by a Tarlac court, their lawyer calls a press conference to announce they will contest the ruling before the Department of Agrarian Reform and, if warranted, the Supreme Court.

Kwestyon sa legalidad ng Maguindanao martial law, ibinasura – SC by Bomboradyo, Bomboradyo Philippines

Posted on March 21, 2012

Kabilang sa mga naghain ng petisyon kontra sa deklarasyon ng martial law ay sina Maguindanao Rep. Didagen Dilangalen, National Union of People’s Lawyers, Bayan, Gabriela, Ampatuan lawyer na si Atty. Sigfrid Fortun at Albert Lee Angeles, former Senate President Jovito Salonga kasama si dating University of the Philippines College of Law Dean Raul Pangalangan, Atty Harry Roque at iba pa.

Iginiit nila na walang batayan ang deklarasyon dahil wala namang nagaganap na rebelyon sa Maguindanao.

Morong 43 lawyer accuses military, police of cover-up by Dennis Carcamo, PhilStar

Posted on March 21, 2012

MANILA, Philippines – A lawyer of the health workers who were arrested in Morong, Rizal two years ago accused the military and police on Wednesday of coddling personnel implicated in the alleged torture of his clients.

Lawyer Ephraim Cortez of the National Union of People’s Lawyers, counsel for the health workers known as the Morong 43, said he asked the Philippine National Police and Brig. Gen. Herbert Yambing of the Office of the Provost Marshall General of the Armed Forces of the Philippines to locate and provide information on the “missing” respondents but to no avail.

SC junks petition questioning legality of Martial Law in Maguindanao in 2009 by Balita, Balita

Posted on March 21, 2012

The petitioners were Maguindanao Rep. Didagen Dilangalen; the National Union of People’s Lawyers (NUPL), together with Bayan Muna and Gabriela party-list groups; Ampatuan legal counsel Sigfrid Fortun and Albert Lee Angeles; former Senate President Jovito Salonga, together with former University of the Philippines College of Law Dean Raul Pangalangan, lawyers Harry Roque Jr., Joel Butuyan, Emilio Capulong, Florin Hilbay, Romel Bagares, Dexter Donne Dizon, Allan Jones Lardizabal, and Gilbert Andres; and law student Joseph Nelson Loyola.

They argued that there was no basis for the declaration of Martial Law because there was no existing rebellion in Maguindanao province.

Demolitions without court orders asked to be declared unconstitutional by Angeli Sabillo, Philippine Online Chronicles

Posted on March 25, 2012

The article cited Kadamay’s petition which said, “Using section 28 (a) and (b) of RA 7279 as legal basis, the respondents have been conducting evictions of underprivileged and homeless citizens without any court order to that effect.”

The group consulted with the National Union of People’s Lawyers and said the word “danger areas” was too vague and is often twisted to reflect the position of the local government, especially since the City Engineering Office determines which places are danger areas.

Approval of House bill, step forward in stopping enforced disappearances, by Ronalyn Olea, Bulatlat.com

Posted on March 26, 2012

The IADL resolution said that violators of human rights anywhere in the world, wherever they are, must answer for their crimes against humanity. The IADL said the targeting of civilians violates the 1949 Geneva Conventions and the 1966 International Covenant on Civil and Political Rights (ICCPR).

Those present at the Brussels meeting were lawyers who are key leaders or prominent representatives of different democratic lawyers associations in 16 countries in Asia, Africa, Europe, North and Latin America including Austria, Belgium, Bulgaria, Cameroon, Costa Rica, Germany, France, Haiti, India, Iraq, Italy, Japan, Philippines, United Kingdom, United States, and Vietnam. The National Union of Peoples’ Lawyers (NUPL), the affiliate of the IADL in the Philippines and which represents the families of the disappeared university students and several other victims of human rights violations, was represented by Edre Olalia, NUPL secretary general in the bureau meeting.

Lawyers of Morong 43 decry cover-up by military, police by Ronalyn Olea, Bulatlat.com

Posted on March 26, 2012

The P15-million ($365 thousand) damage suit was filed, on April 4, 2011, by six of the 43 health workers, also called Morong 43. The Morong 43 were arrested on charges of illegal possession of firearms and explosives and were subjected to various forms of torture. However, months after summons have been issued by a Quezon City Regional Trial Court, several of the military and police respondents have not yet been notified of the charges.

The National Union of People’s Lawyers (NUPL), counsel for the complainants, asked the Philippine National Police (PNP) and Brig. Gen. Herbert Yambing of the Office of the Provost Marshall General of the Armed Forces of the Philippines (AFP) to locate and provide information on the “missing” respondents but both offices refused to provide any information.

Palparan trial set to resume by  Carmela Reyes-Estrope, Inquirer

Posted on March 30, 2012

CITY OF MALOLOS, Philippines—After a month-long break, the court hearing on the kidnapping charges against fugitive former Major General Jovito Palparan and three other soldiers will resume next month.

The judge was also asked to resolve the motion filed by the Department of Justice and lawyer Edre Olalia to transfer Palparan’s coaccused, S/Sgt. Edgardo Osorio and Lt. Col. Felipe Anotado, from the Military Custodial Unit in Fort Bonifacio in Taguig City to the Philippine National Police Custodial Center in Camp Crame, Quezon City. Olalia is representing Osorio and Anotado.

PH human rights lawyers assail high court decision “freeing” Martial Law torturers – AllVoices by Gerry Albert Corpuz and Kalapinay Moreno, Philippine Travel News

Posted on March 31, 2012

MANILA, Philippines – The Philippine Supreme Court on Saturday was scored by Manila based human rights lawyers favoring security state officials charged with serious violations of human rights during the 14 dark years of Marcos dictatorship.

In a statement sent to lcoal and international media, a copy of which was obtained by All Voices, the National Union of Peoples’ Lawyers (NUPL) said it is appalled with the recent Supreme Court (SC) decision in the case Ver et al. vs Aberca et al., where it was ruled that the procedural due process rights of dictator Marcos’ loyal right-hand man, AFP Chief of Staff Fabian Ver and several military officers, including then Lt. Col. and now Sen. Panfilo Lacson, as well as notorious and remorseless Martial Law torturers Col. Rolando Abadilla and Rodolfo Aguinaldo, were violated.

Press Statement: May 5, 2012

Press Release
May 3, 2012

More than a year after six of them filed a civil case for damages and despite exasperation over the slow grind of the wheels of justice, eight of the Morong 43 health workers finally filed a separate criminal complaint at the Department of Justice (DoJ) for torture and other violations of their rights when they were illegally arrested in Morong, Rizal on February 6, 2010.

“This is part of the victims’ serious efforts to pursue accountability against those who violate rights with impunity especially by those in the highest echelons of power,” said the National Union of Peoples’ Lawyers (NUPL) panel of private prosecutors through NUPL Secretary General Atty. Edre Olalia.

The complaint named former President Gloria Macapagal-Arroyo, Gen. Victor Ibrado, Gen. Delfin Bangit, Maj. Gen. Jorge Segovia, Brig. Gen. Aurelio Baladad, Col. Joey Reyes, Col. Cristobal Zaragosa, P/Supt. Marion Balonglong, P/Supt. Allan Nobleza, Maj. Manuel Tabion, Lt. Jovilee Cabading, and Vicente Lopez as respondents responsible for the horrendous ordeal suffered by the health workers.

Invoking the doctrine of command responsibility, the complaint impleaded former President Arroyo. The said principle was further validated as applicable in the Philippines when a unanimous en banc Supreme Court issued such holding in the November 2011 case of human rights victim Noriel Rodriguez.  Gen. Segovia himself is clearly liable under the provisions of the Anti-Torture Act which Mrs. Arroyo ironically signed into law in November 2009.

“This additional criminal case means a lot to the human rights advocacy and in the battle against the tide of impunity that splashed the country during Arroyo’s time and has unfortunately continued until now,” Atty. Olalia said.

“First of all, this is probably going to be the first criminal indictment in the country for human rights violations against a former President. Equally important is that this is going to be the first acid test of the actual applicability of the doctrine of command responsibility in a criminal case. It is also a touchstone of the effectivity of the Anti-Torture Act. Lastly, it is a clear demonstration that despite the dangers and difficulties, and notwithstanding the inaction of Pnoy himself to run after the perpetrators, human rights victims and defenders will not let up,” Atty. Olalia added.

Aside from torture, the complaint charges the pertinent respondents with violation of the rights of persons arrested, detained or under custodial investigation and robbery.

“The complaint serves as an eloquent reminder to GMA that she will not get away with the inhumane acts that her bloody administration fostered or tolerated,” Atty. Olalia said. “It is not yet time for Arroyo to party or celebrate,” Olalia added. He said that the Morong 43 are exhausting all available local remedies to get justice.

The complaint comes at the heels of the recent promotion of military officials involved in their illegal arrest, detention and torture. Then Lieutenant Colonel Zaragosa was promoted to the grade of full Colonel, then Colonel Baladad to Brigadier General, and then Lieutenant General Segovia to Major General. In the case of Zaragosa, who has been commonly identified by all the Morong 43 as the most remorseless of their torturers, the Commission on Appointments (CA) had already confirmed his promotion. “This unduly rewards the military officials when they should be put to task for serious and credible charges. The victims cannot just let this pass,” Atty. Olalia said.

The NUPL and the Public Interest Law Center (PILC) are also the counsel of the Morong 43 in their Habeas Corpus case pending with the SC since March 2010, in their complaint with the Commission on Human Rights pending since February 2010, and in the civil case for damages they filed before the Quezon City Regional Trial Court in April 2011. #

Reference: Atty. Edre U. Olalia, Secretary General, 09175113373

Press Release
April 25, 2012

On the ruling of the Supreme Court En Banc on Hacienda Luisita ordering land distribution and pegging the just compensation on the fair market value of the land in November 1989, the National Union of Peoples Lawyers (NUPL), through its Secretary General Atty. Edre Olalia, said:

“The NUPL joins the toiling farmers and farm workers of Hacienda Luisita and the people in welcoming and celebrating their long delayed yet historic victory.

Though there are views that the divided ruling on the valuation generally followed perceived partisan lines, this does not detract from the resounding legal and metalegal success and the justness of their cause. May they actually be finally emancipated from decades of bondage, exploitation and penury.

Their plight and fight is emblematic of millions more who struggled against intolerable injustice and insatiable greed. We continue to support that justice be rendered to the many victims who fell in the struggle to own and benefit from the land they till.” #

Reference: Atty. Edre U. Olalia, Secretary General, 09175113373

Press Release
April 23, 2012

Two of the accused, Col. Felipe Anotado and S/Sgt. Edgardo Osorio, in the case involving the disappearance of the two University students were arraigned today at the Malolos, Bulacan Regional Trial Court (RTC) Branch 14.

“The just concluded arraignment of Ret. Maj. Gen. Jovito Palparan’s cohorts, despite desperate yet puerile last ditch efforts on their part to dribble and delay the proceedings, signals the start of an arduous trial,” the National Union of Peoples’ Lawyers (NUPL) panel of private prosecutors through NUPL Secretary General Atty. Edre Olalia said.

Upon a manifestation by Atty. Julian Oliva, one of the NUPL private prosecutors, the court pronounced during the hearing that Atty. Jesus Santos and Atty. Narzal Mallares, serving as counsels for Palparan and M/Sgt. Rizal Hilario, does not have any personality in the case unless their clients surrender or are arrested.

“But justice will be incomplete and pyrrhic until Palparan is taken in and put on the dock.” Atty. Olalia said.

Palparan and Hilario are still at large, with the manhunt for the former that has lasted for four months now reaching a dead end according to Justice Secretary Leila de Lima.

“If he continues to refuse to surrender, all the more will the mothers of the missing students and human rights defenders will not give up the fight against impunity,” Atty. Olalia said.

“PNoy has to personally and publicly speak up and send a firm directive to leave no stone unturned to take him in,” Atty. Olalia added, noting that President Benigno Aquino, III has not yet spoken regarding Palparan’s continued flight from justice.

“The President has so far been cold if not indifferent on the issue of human rights violations. It is not complacency and mere inaction, but firm political will and proactive actions which will contribute in bursting the bubble of impunity.” Atty Olalia added. #

Reference: Atty. Edre U. Olalia, Secretary General, 09175113373

We, the National Union of Peoples’ Lawyers (NUPL), condemn the brazen and barbaric assault on NUPL member Atty. Jansen Nacar on the night of April 20.

Atty. Nacar, who is a new and young lawyer, was mauled and divested of his cellular phones but attackers would not take his wallet. He is one of the lawyers of Project Save 182 that is opposed to the massacre of trees to expand SM Baguio and to the anomalies involving government officials to favor SM Investments Corporation. The NUPL, through Atty Chyt Daytec-Yangot of its Ilocos-Cordillera regional body, is handling the case to save the trees against unbridled corporate greed.

The NUPL shall take the appropriate local and international actions to counter this attack against a member of the legal profession even as it welcomes the Temporary Environmental Protection Order (TEPO) issued by the court. We shall continue to marshal all legal and metalegal moves to protect the environment and uphold the public interest. #

Reference: Atty. Edre U. Olalia, Secretary General, 09175113373

Press Release
April 20, 2012

The National Union of Peoples’ Lawyers (NUPL) just received an Omnibus Order dated April 3, 2012 from the Malolos, Bulacan Regional Trial Court Branch 14 denying the “Omnibus Motion for Preliminary Investigation; to Quash or Recall Warrant of Arrest; Hold Departure Order; and to Suspend Proceedings” filed by the accused M/Gen. Jovito Palparan, Jr., M/Sgt. Rizal Hilario and S/Sgt. Edgardo Osorio in the case involving the disappearance of university students Karen Empeno and Sherlyn Cadapan.

“We welcome the court’s order as it basically sustains our position all along and is in accord with the law and jurisprudence,” said the NUPL panel of private prosecutors, through Atty. Edre Olalia. “It only further proves that Palparan et al. are just obstructing and frustrating justice at all costs,” Olalia added.

In the same order, the court denied the “Motion for Reconsideration” of the Panel of Prosecutors regarding the issue of the propriety of the Court’s order transferring the custody of Lt. Col. Felipe Anotado and S/Sgt. Osorio.

“We will study whether to ask for the motion on the continued detention in the Army of the two accused though,” said Atty. Olalia.

Ret. M/Gen. Palparan and M/Sgt. Hilario are still at large since a warrant of arrest was issued against them on December 19, 2011.

“The government must deliver on fugitives pronto and dispel pervading views that it is inutile and even held by the military at the nose instead of promoting known human rights violators one after the other like those in the torture of the Morong 43.” #

Reference: Atty. Edre U. Olalia, Secretary General, 09175113373

News Release
April 12, 2012

“Unbelievably insensitive, if not unfeeling and numb.” This was how the National Union of Peoples’ Lawyers (NUPL) through its Secretary General Atty. Edre Olalia described the designation by President Benigno Aquino III of 10th Infantry Division chief Maj. Gen. Jorge Segovia as commander of the Davao City-based Eastern Mindanao Command (Eastmincom) of the Armed Forces of the Philippines (AFP). The new post promotes him to the next rank of lieutenant general.

Segovia headed the Army’s 2nd Infantry Division in Tanay, Rizal  that figured in the controversial arrest of the so-called Morong 43 in February 2010 during the time of his principal, rights violator herself, former President Gloria Arroyo. He had publicly and boastfully defended his actions and that of his men despite incontrovertible evidence of unbridled rights violations.

“PNoy’s cavalier move indubitably insults and spits on the still fresh wounds of the victims who were illegally arrested, detained and systematically tortured under Segovia’s command,” said Atty. Olalia.

Segovia is a member of Philippine Military Academy (PMA) “Mapitagan” Class of 1980. The group has adopted Aquino’s four sisters – Pinky, Viel, Balsy and Kris – as honorary members or “mistah.”

“A year after a damages suit was filed in court by the health workers for their harrowing experience, it seems that the wheels of justice have not only stalled but have grinded backwards. The Morong 43 health workers will not take the awarding of a new post to Segovia sitting down and will continue to seek his accountability.” The P15-million civil complaint for damages was filed by members of the Morong 43 on April 5, 2011. Aside from Segovia, the respondents in the case include former President Arroyo, former Defense Secretary Norberto Gonzales, Gen. Victor Ibrado, and Gen. Delfin Bangit.

Months after summons have been issued in the case by a Quezon City court, several respondent military personnel and police officers in the damage suit remained officially unnotified of the charges with the lethargic if not deliberate non-cooperation of the AFP and the Philippine National Police who feign ignorance of their present assignments or even existence in their roster. The civil case is facing all sorts of procedural obstacles and peripheral issues.

“It taunts and ridicules human rights victims. And it only validates the criticism that there is no real internal mechanism to discipline and make accountable those military officers within the AFP that are accused of human rights violations.”

Aside from the civil case, a complaint with the Commission on Human Rights (CHR) filed by the health workers while they were still detained remains pending and unresolved with the rights body . “With the pendency of a CHR complaint clearly not a bar to promotion contrary to existing rules just like during the time of Ret. Maj. Gen. Jovito Palparan, Segovia might very well be another Frankenstein or monster in the mold of spineless fugitive Palparan,” Atty Olalia said. And images of Pres. Arroyo publicly extolling Palparan come to the fore as this is akin to giving Gen. Segovia not only a pat at the back but a premium license to take legal shortcuts, he added.

A criminal complaint for torture for Gen. Segovia and several others had been ready for quite some time and is just awaiting finalization and formal filing through the NUPL, the legal counsel of the Morong 43 together with the Public Interest Law Center (PILC).

“The utter insensitivity of the administration to the grievances of the Morong 43 victims speaks a whole heap about the attitude of PNoy with respect to upholding human rights – indifferent, benighted and complacent,” Atty. Olalia said. “With Segovia’s promotion, a military officer responsible for rights violations is not only left to wander at will but rewarded with undeserved professional advancement. Practically nothing has changed and the system that bred impunity during the Arroyo regime is still in place. Years from now, when another Palparan would rear its ugly head and become almost uncontrollable, we will not relish saying, ‘we told you so,’”Atty. Olalia added. #

Reference: Atty. Edre U. Olalia, Secretary General, 09175113373

On the status of the criminal case against Ret. Maj. Gen. Jovito Palparan involving the disappearance of university students Sherlyn Cadapan and Karen Empeño and the one month hiatus in the trial of the case due to the judge’s official leave, the National Union of Peoples’ Lawyers (NUPL) panel of private prosecutors, through NUPL Secretary General Atty. Edre Olalia, said:

“Of course, we desire and it is to the suffering mothers’ interests that the legal proceedings continue in earnest and without unnecessary or unwarranted delay. But we are also subject to the vagaries and realities of court schedules under the present legal system. Besides, the pending plethora of motions of Palparan and his cohorts are groundless and not meritorious. They are only designed to delay, mock and frustrate justice instead of allowing the legal process to take its due course.

We are still willing to wait, though for a reasonable time. What is more incumbent is that the Aquino government first use all its powers, machinery and resources to arrest Palparan immediately. It should get into action and not display the apparently ningas kugon posture it is again taking in high-profile cases that pop out every now and then as if they are passing flavors of the month.

In order to really stop impunity over time, it must be proven that the government does guarantee and protect its citizens’ rights as a matter of fact and not as empty shibboleths. Making sure that Palparan is arrested, tried and convicted will be an unequivocal message and precedent that has far-reaching positive impacts. The international community including international lawyers have started to join snowballing calls to arrest Palparan who has indubitably committed crimes against humanity and international humanitarian law.” #

Reference: Atty. Edre U. Olalia, NUPL Secretary General, 09175113373