Criminalizing Children in Jails by Fr. Shay Cullen

If you are able to visit the child detention centers in Metro Manila and other places in the Philippines, you will see the gaunt young faces of bored, frightened, malnourished 10- to 16-year old boys and girls looking out sadly depressed through steel bars. They are prisoners. It is the local government’s only response and they ignore the law that says the children in conflict with the law must have diversion, no jail and punishment and instead have restorative justice. This is supposed to end punitive justice.

The rule of law however is not always implemented in the Philippines and local governments send children in conflict with the law to jails instead of providing them with decent homes. It is not the end of brutal punishment, it is the beginning. The children are punished with severe detention in decrepit conditions in overcrowded jail cells where they suffer neglect, deprivation, hunger and abuse from the bigger older inmates and sometimes the guards. Some children, especially the girls but the small boys also, endure sexual abuse, rape and beatings.

This mentality of neglect comes from a corrupt government who has no understanding, concern or compassion for the impoverished street children who steal to survive or are used by adult criminals to commit crimes. The adult criminals are not punished, just the children.

The law known as Republic Act 10630, which amended the Juvenile Justice and Welfare Law or RA 9344, declares that any child under the age of 15 years who commits a serious crime. . . “ shall be deemed a neglected child under Presidential Decree No. 603, as amended and the child shall be mandatorily placed in a special facility within the youth care facility or Bahay Pag-asa called Intensive Juvenile Intervention and Support Center. Moreover, repeat offenders, or children who have committed crimes more than three times, would also be considered as neglected children and, as such, must undergo intervention programs supervised by the local social welfare and development officers. The law would impose the maximum penalty for those who exploit children such as syndicates, for the commission of criminal offenses.”

None of the children in these jails, called youth centers, or Bahay Pagasa (ironically House of Hope) have been convicted of any crime. The law is supposed to see that they are not charged in court as an alleged criminal if they are below 15 years of age. The law says they ought to be in a home if they have been accused with some wrongdoing however small or big it may be.

The Congress is now finished debating the merits of amending the law and while some are for declaring that children ought to be tried as criminals at nine years old, this has been softened to make it 12 years old. This compromise change is being challenged and opposed by Unicef , the Juvenile Justice Welfare Council and many NGOs and professional psychologists who have all made their submissions to the congressional technical working group. The Senate, supposedly wiser and more learned, has not proposed a corresponding bill of its own. Only a few hard-hearted senators who see children as criminals are proposing a corresponding law.

The present practice of jailing the children under 15 years of age and above by each local government unit instead of providing a decent caring home for children in trouble is detrimental to the welfare of the children, violates their human rights and causes life-long damage.

Developmental psychologist Dr. Liane Pena Alampay, associate professor at the Department of Psychology in the Ateneo de Manila University says that “this causes young children to see themselves as criminals and to grow up with a warped and changed understanding of themselves,…putting children behind bars them on a lifelong negative trajectory.”

If there is to be any amendment to the present law that is deemed by many in the Philippines and in the international community as a good positive law, it ought to mandate that the Department of Social Welfare and Development (DSWD) be the agency that will set up and manage the children’s homes in the country. This will relieve the local government of the obligation to do it. A large increase in its budget is needed for the management and administration of the homes and for the training of professional staff, therapists and counselors and skilled vocational training specialists is needed.

But immediate arrangements ought to be made whereby local governments have to be persuaded to enter into a legal agreement with the DSWD to turn over responsibility for the local Bahay Pagasa to them or to a competent NGO. The local government will fund it but the DSWD or the NGO will manage the diversion programs and accommodation for the children in existing youth centers.

The national government should allocate funds to the DSWD or to the NGO for the renting of alternative houses for the care and training of the children. Community-based programs with skilled community workers must be developed also so the children are helped in the families and communities and not jailed.

The terrible abusive condition of the hundreds of jailed children, the daily violation of their rights under the constitution and violations of the child protection law is an affront to human dignity and an insult to the national pride. The way we treat our children is a reflection of the Philippines as a nation and it’s not looking very good right now.

How can the nation walk the path towards a just and lasting peace?

While there is growing optimism among human rights groups and peace advocates on the resumption of the formal peace talks between the Government of the Philippines (GPH) and the National Democratic Front of the Philippines (NJDFP), the failure on the part of the Armed Forces of the Philippines (AFP) and its paramilitary forces to end the long practice of human rights abuses is an outlandish blow against all the Filipino people who are working towards a just and lasting peace.

Despite the AFP’s suspension of military operations (SOMO) against the New People’s Army (NPA) during the 5-day unilateral ceasefire declared by President Rodrigo Duterte, it is extremely outrageous that military elements and the AFP-backed paramilitary forces have continued atrocious combat operations in communities they tagged as stronghold of the NPA.
Reportedly, a few hours before the president lifted the unilateral ceasefire on July 30, eleven (11) elements of the 8th Infantry Battalion Philippine Army headed by Alde ‘Butsoy’ Salusad, a leader of New Indigenous People’s Army for Reform– (NIPAR) indiscriminately fired at a house where 80 people from the Tighawanon tribe are attending a wedding ceremony in Barangay Kawayan, San Fernando, Bukidnon.

The military did not spare anyone, targeting both young and old. After shooting spree that lasted for 10 minutes, 6-month pregnant Makenet Gayoran was found lying on the ground bathing in her own blood. She orphaned her 9-month old child who was in her arms, when a bullet pierced through her chest and killed her instantaneously. Aside from Makenet, seven individuals were reportedly injured including five minors – three teenagers, one 8-year old boy, and another 7-year old boy. Due to the disturbing incident, around 48 families composed of 81 individuals evacuated their community.

As child rights advocates, we cry our strong condemnation of this outright disregard of human rights of members of state forces and their paramilities. Impunity, indeed, persists.

We can easily draw a difference between the past and present administrations in terms of willingness to pursue peace talks and their strategies in handling negotiations with armed groups. In fact, it is laudable that President Duterte has made a remarkable jumpstart to accelerate the talks with the NDFP, including the promise to release its peace consultants and other political prisoners as well as the declaration of a unilateral ceasefire during his State of the Nation Address (SONA) last July 25.

However, the president cannot raise the white flag while his troops on the ground continue to aim their rifles against civilians including children.

In rural areas, children of farmers and indigenous peoples are heavily stricken by poverty and scarcity of social services which gravely affect their survival and development. Moreover, these factors are compounded, when they become targets of military abuses.

With barely two weeks prior to the scheduled talk on August 20 in Oslo, Norway, we strongly urge President Duterte to keep up his promise of peace and change. The GPH under his leadership should resume peace negotiations with the NDFP, release all political prisoners, uphold previous bilateral agreements and continue working on substantive peace agenda, especially on the social and economic reform to address the roots of conflict. Only through these actions can the nation walk the path towards a just and lasting peace.

Karapatan statement on the acquittal of GMA on plunder charges

“#BoySisi, with all his fault-finding against former president Gloria Macapagal-Arroyo, failed to convict her. BS Aquino only used Arroyo as an excuse for his inefficiency and ineptitude in governance, and pursued charges against Arroyo only for show,” Karapatan secretary general Cristina Palabay said, in reaction to the Supreme Court decision acquitting Arroyo from plunder charges.

“We are reminding the Supreme Court that the Arroyo government left behind 1,206 victims of political killings and 206 victims of enforced disappearances among activists, peasants, and human rights workers,” Palabay said. “The United Nations Human Rights Committee issued its separate resolutions on the Philippine Government’s accountability on the killings of Benjaline Hernandez, Eden Marcellana and Eddie Gumanoy. Yet, the BS Aquino government did not pursue Arroyo’s prosecution based on the UNHRC recommendations,” Palabay said.

Karapatan also underscored that the BS Aquino government’s failure to prosecute and punish Arroyo on rights abuses is evident in the status of civil and criminal charges filed by the Morong 43 and the United Church of Christ in the Philippines in 2011. “There was no substantial progress on these cases,” Palabay said.

It was also during the Arroyo regime that the Ampatuan massacre happened. “The case which symbolizes the height of impunity remains unresolved during the whole Aquino term. Arroyo, just like Aquino, has benefitted from the systematic human rights violations in order to stay in power and plunder the nation’s coffers,” Palabay said.

Karapatan said that while plunderers and murderers like Arroyo are set free from prison, more than 500 political prisoners remain in jail, many of them arrested during the Arroyo regime. Among them are NDFP peace consultants and Jasig-protected persons such as Eduardo Sarmiento, Leopoldo Caloza, Emeterio Antalan, and Edgardo Friginal.

“The challenge for the Duterte administration is to render justice for those whose rights were violated by the Arroyo and Aquino regime. Arroyo and Aquino should be prosecuted and punished,” Palabay ended.

Neri Colmenares wrotes President Aquino to sign SSS Pension Hike

December 16, 2015

Dear President Aquino,

I write to respectfully request your support to the Social Security System (SSS) pension increase bill recently approved in both Houses of Congress.  

I filed the bill as early as 2011 with no other intention than to alleviate the plight of our senior citizens who have long been deprived the increase in pension despite the requirement of regular review as stipulated in Republic Act 8282 or SSS Law Section 4 (b) (2) that requires “a valuation report on the SSS benefit program every four (4) years, or more frequently as may be necessary, to undertake the necessary actuarial studies and calculations concerning increases in benefits taking into account inflation and the financial stability of the SSS, and to provide for feasible increases in benefits every four (4) years, including the addition of new ones…”

The intimation by some quarters that the increase will cause the immediate bankruptcy has been dispelled by the admission of the SSS in many congressional hearings that the P2,000 pension increase will shorten its fund life to 2029. As per our research, the fund life of United Kingdom social security system is only up to year 2027 while that of Canada is only up to year 2022.

Should the pension increase become a law, I commit as many other advocates for pension increase commit that we will work in the next five years to help strengthen the funding of SSSeven in my private capacity.

One very feasible remedy is to increase the efficiency of SSS collection which as per our research hovers at 35-45%. A 20% increase in SSS collection rate efficiency I believe will not be as debiliating as our colleages in SSS imply.

I would be more than willing to send to your office the details of our research on SSS pension. I do not usually ask for favours from the President but the dire situation of our senior citizens has led me to humbly and respectfully request for your support.

Thank you.

Truly yours,

Rep. Neri Colmenares

Zamboanga del Norte students trek dangerous mountain trail to school

Some students are risking their future to cut their classes but this one is so heart breaking.

In the city of Dapitan in Zamboanga del Norte, students of Oro Elementary School trek the treacherous trail of Oro Mountain and actually risking their lives and their own safety just to attend their classes. Other student should watch this video and be grateful for what they have.

This coming election, the liberal party’s standing bearer will surely claim the supposed success of the current government’s Matuwid na daan’ in making education accessible for all children. However, the appalling condition of many Filipino children would undoubtedly unleash their lies and rhetoric claims.

Detained NDFP peace consultant hospitalized, seeks release on humanitarian ground

Political detainee Eduardo Serrano, 62, was rushed to the Taguig General Hospital yesterday morning, December 16, after he experienced chest pains. It turned out Serrano had a myocardial infarction (heart attack). Private physicians of Serrano from the Health Alliance for Human Rights (HAHR) sought his transfer to the Heart Center of the Philippines where he is now confined at the Hospital’s Intensive Care Unit. He is set to undergo angioplasty.

Serrano, a peace consultant of the National Democratic Front of the Philippines (NDFP) has been detained for more than 11 years now based on multiple criminal charges meant for a certain Rogelio Villanueva. He is among the 561 political detainees under the Aquino regime; and 19 NDFP consultants currently detained despite the immunity provided for by the GPH-NDFP Joint Agreement on Safety and Immunity Guarantees (JASIG).

On November 26, the Quezon City Regional Trial Court-Branch 100 acquitted Serrano of the charges of multiple murder and multiple frustrated murder, crimes attributed to “Rogelio Villanueva”. Judge Editha G. Mina-Aguda said the prosecution failed to prove Serrano’s guilt “beyond “People to prove the guilt of the accused beyond reasonable doubt.” The court viewed the witnesses’ testimonies as “either imagined or trumped-up.”

In October, the QC RTC Branch 98 Judge Marilou Runes-Tamang ruled that accused Rogelio Villanueva is not the same person as Eduardo Serrano; and Serrano should therefore be immediately released. The Branch 98’s October resolution said Serrano’s arrest and detention for 11 years is an “outright mockery of the basic human rights on due process of law which is enshrined in our Constitution.”

Serrano faces two more similar trumped-up criminal charges of multiple frustrated murder at the QC RTC Branch 215 and kidnapping at Branch 97 which are up for resolution early next year. The cases lodged against Serrano are baseless as proven by the Court’s decisions on the two other criminal charges.

Serrano should be immediately released because the cases against him, aside from being fabricated and baseless, violate the JASIG. He is also among the elderly and ailing political prisoners whose release on humanitarian grounds is demanded.

WHO IS EDUARDO SERRANO?

Eduardo Serrano has been a long standing NDFP peace  consultant  representing the Southern Tagalog region. He was arrested on May 2, 2004, a few days after he had just come from a three-week  long consultation(from April 11 to May 2, 2004) with NDFP negotiating panel members Fidel Agcaoili and Connie Ledesma regarding the formation of the  of the joint Secretariat of the Joint Monitoring Committee (JMC) and several other agenda and developments in the peace process. As NDFP peace consultant, Serrano is supposedly protected by the standing NDFP-GPH  JASIG and “should have been guaranteed  safety from arrest in going to, attending, and leaving the consultations to return to his  area of work,” according to the NDFP Panel.

Serrano finished his college course in agriculture at the UP Los Banos in Oct. l976, worked as a research assistant at the Dairy Training and Research Institute(DTRI) in 1977  and was sent to Copenhagen, Denmark for a post graduate course in animal science in 1978-1979. In 1980, at the height of struggle against the fascist Marcos dictatorship, he decided to work as fulltime among the peasants in Bicol and Mindoro.

During his three years of detention (May 2, 2004 to Aug. 12, 2007) at the Oriental Mindoro Provincial Jail in Calapan City, he continued to do political work among ordinary detainees whom he also helped in curing their ailments with the use of acupuncture, in providing paralegal advices on their cases in court and in helping improve even by a little the economic conditions in prison through the establishment of a cooperative store of the inmates and guards.

After his transfer to the PNP Custodial Center in Camp Crame, on August 13, 2007, he devoted party of his time in taking a long-distance diploma course on Environment and Natural Resources Management at the Open University of UP and finished the said course in May 2009. Much of the time, he is also engaged in political work among fellow detainees, especially in the promotion and defense of the human rights of political prisoners and other prisoners.

[SOLIDAGRO] Statement of Condemnation & Solidarity

JUSTICE FOR EMERITO, DIONEL AND AURELIO, VICTIMS OF THE SEPTEMBER 1 MASSACRE IN SURIGAO DEL SUR!

We at SOLIDAGRO vehemently condemn the murder of EMERITO “Emuk” SAMARCA, Executive Director of Alternative Learning Center for Agriculture and Livelihood Development (ALCADEV), DIONEL CAMPOS, Chairperson of MAPASU, and his cousin AURELIO SINZO. They have been killed by the paramilitary group MAGAHAT/BAGANI, which has been organized by the regular AFP, around 4AM, September 1, 2015.

ALCADEV has been providing assistance to the Lumad in the Caraga region through high school education and enhancing sustainable agriculture practices with the Lumad communities. Emerito Samarca served as Executive Director with much vigor and sincerity to reach the goals and mission of ALCADEV. He has amply contributed to ALCADEV’s topping the regional (CARAGA) level of the National Literacy Award in the outstanding literacy program category and subsequently placed fifth in the national level last year.
But despite the meaningful output of ALCADEV in educating and assisting the Lumad people, they experience regular threats and obnoxious vilification from the government through the armed forces assigned in the area.

Their partner-PO MAPASU (Persevering Struggle for the Next Generation) chaired by Mr. Dionel Campos was instrumental in the building of the school in 2004. MAPASU takes its pride in defending their ancestral domain and preserving their customs and tradition and at the same time, improving their lives with secondary education provided by ALCADEV.

Mr. Samarca and Mr. Campos are staunch advocates of the rights of the indigenous peoples, and of the “Save our School” campaign. Their recent activities were to seek audience with the local government of Surigao del Sur to assist them with the Lumad’s predicament of their schools being harassed, and threat of being closed.

We are outraged by this event whereby development workers are being subject to targets of paramilitary and armed forces of the government. The right to development of the people is being curtailed through violence, and through arbitrarily pointing at our partner NGOs who are assisting communities which are poor and deprived of government services. Development programs in other regions have experienced the same as what ALCADEV has experienced: trump-up charges have been pressed on development workers, and are threatened and harassed in the communities that they serve.

We join all our partners, other international and local NGOs, and others who work for genuine development in the call for justice. Harassing communities and those who assist them is absolute injustice to the people.

Justice for EMERICO SAMARTA!
Justice for DIONEL CAMPOS!
Justice for AURELIO SINZO!
Justice for all development workers threatened by government repression!
Justice for the lumad communities, and other communities that struggle for their land and resources!
End Impunity!

SINING SAYSAY : Philippine History in ART

The Sining Saysay is a collaborative art and history project led by University of the Philippines in partnership  with UP Alumni Association and Araneta Center, Inc.

SiningSaysay combines Sining (ART and Kasaysayan (History) to seize the spirit of History Art which takes its roots from the ‘grand manner’ painting with a long tradition in the University of the Philippines College of Fine Arts. The ‘grand manner’ painting or History Art is echoed with a more contemporary view of telling the nation’s narrative as a polyphony of different voices coming from top Filipino artists from UP.

Speaking through the visual images they create, each artist captures the beat of the nation’s proud and brave history in a monumental scale of 6 feet by 12 feet canvas.

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Paaralan sa Pangarap Village naantala sa sunog at bomb threat

Sa pagpasok nang pasukan ngayong buwan ng Hunyo, matinding panganib ang bumungad sa mga estudyante ng Pangarap Village sa lungsod ng Caloocan dahil sa naganap na sunog sa isang pampublikong paaralan at kumakalat na ‘bomb threat’.

Noong Hunyo 6, halos maabo ang Pangarap Elementary School matapos masunog ang dalawang gusali nito dakong alas-tres ng madaling araw. Ayon sa security guard ng paaralan, nagsimula ang sunog sa Industrial Art’s building kung saan nakaimbak ang mga libro, upuan at iba pang gamitan ng paaralan. Ngunit bago ito, nakarinig ang gwardya ng isang malakas na pagsabog at sinundan ito ng pagharurot ng motorsiklo. Kaya naman isa sa tinitignan ang anggulo na sinandya itong sunugin.

Giit ng mga residente, ang sunog ay bahagi ng patuloy na ginagawang harassment ng mga tauhan ng Carmen Development Incorporated na pagmamay-ari ni Gregorio Araneta. Anila, ang naturang kumpanya ang umang-angkin sa higit na 156 hektaryang lupa ng Pangarap Village na sumasaklaw sa 40,000 residente ng dalawang barangay sa Caloocan.

Noong Hunyo 2011, walang awa ring pinaslang ng mga tauhan ni Araneta si Soliman Gomez at Mel Fortades habang nagsasagawa ang mga residente ng kilos protesta.

Marami pang kaso ng panggigipit ang inirereklamo ng mga residente katulad ng pagbabawal na pumasok ang mga pampublikong sasakyan. Marami rin hindi makapagpakabit ng kuryente at tubig dahil sa pagbabawal ng kumpanya, kabilang na dito ang nasunog na paaralan.

Ipinapanawagan ng mga residente ang agarang aksyon ng lokal na pamahalaan ng Caloocan para matigil na ang panggigipit at pananakot ng mga tauhan ni Araneta. Bukod sa naganap na sunog, may kumakalat din ‘bomb threat’ na nagresulta sa matinding pagkabahala at takot ng mga guro, estudyante at kanilang mga magulang.

Senate report: Aquino has ‘ultimate responsibility’ in Mamasapano

In the 12-page draft report of the senate regarding Mamasapano, President Aquino was pinpointed as the ultimate responsible for the botched operation which led to the killings of PNP troopers, moro fighters and civilians including an 8-year old child last January 25.

According to senator Grace Poe, the chair of the Senate Committee on Public Order, Aquino has permitted General Allan Purisima to lead the Oplan Exodus despite the standing suspension order of the ombudsman on the latter. “Ang pananagutan ni Pnoy ay ang pagpayag kay Purisima na lumahok sa operasyon,” she said.

The senate report emphasized that Police Director General Alan LM Purisima committed Usurpation of Authority when he intervene in the operation, violating Article 177 of the Revised Penal Code (RPC) and Section 36(b)(4) of Presidential Decree No. 807, in relation to Section 46(A)(3), Rule 10 of the Revised Rules on Administrative Cases in the Civil Service.

‘The acts of Purisima exercising the functions of the Office of the Chief, PNP despite his preventive suspension constitute unlawful behavior. His actions show a clear and manifest intent to defy the preventive suspension order of the Ombudsman. His acts likewise constitute grave misconduct,” the report said.

The report included some of the exchanges of text messages between Purisima and Aquino regarding the developments of the mission. It was also Purisima and Napeñas who presented the plan of the mission before the president last January 9 in Bahay Pangarap, Malacanang.

On the other hand, Napeñas was also found liable for committing grave misconduct when he coordinated and reported to Purisima instead of the PNP OIC PDDG Espina.

In addition, Napeñas may also be held administratively liable for inefficiency and incompetence in the performance of official duties and for conduct prejudicial to the best interest of the service on account of the poor planning and execution of Oplan Exodus and his failure to coordinate the operation with the AFP.

The senate committee also concluded that the President must bear responsibility for giving assent to and failing to prevent the unlawful exercise of official functions by PDG Purisima in connection with Oplan Exodus.

It is also mentioned in the report that the President was “fully aware” that Purisima was on preventive suspension and that Deputy Director General Leonardo Espina was designated Officer-in-Charge of the PNP on December 12, 2014 and yet, the President:

1. Allowed PDG Purisima to join the 9 January 2015 meeting at the Bahay Pangarap, where a sensitive and classified PNP operation was being discussed;
2. Instructed PDG Purisima to coordinate Oplan Exodus with the AFP;
3. Communicated exclusively with PDG Purisima in regard the progress of Oplan Exodus on 25 January 2015; and
4. Gave instructions to PDG Purisima as to the conduct of Oplan Exodus on 25 January 2015, as when the President sent PDG Purisima a text message reading, “Basit should not get away.”

During the senate committee report presentation, Senator Poe said that Aquino can be held liable through impeachment but it is up to the congress to initiate.

The report also attested the claims that there was a deep US-involvement in the Mamasapano operation. The Oplan exodus was not purely 100% Filipino planned and implemented. According to the testimonies and sworn statements gathered by the senate committee, american soldiers did not only provided surveillance support but also trained SAF troopers in Seabourne and monitored the actual operation.

However, the senate committee was not able to make a clear stand on the liability of the US government. “That is exactly why we don’t want foreign involvement, because in the end we will be held responsible for our own actions,” Senator Poe added.