FIRST EXERCISE Law on Mass Media (Deadline Jan. 23)

FIRST EXERCISE Law on Mass Media (Deadline Jan. 23, Wednesday 5pm)

The FIRST EXERCISE of the Law on Mass Media class 2019 can be posted here (in the comments section) with deadline on Wednesday Jan. 23 at 5pm. Class members may also submit a bonus post IN ADDITION  to the regular post, with the same deadline (separate the post for ease of recording the points). The description and required content of the first post and the bonus post have been stated in class and in the syllabus. 

34 comments

  1. Extension of Martial Law in Mindanao – December 2018

    https://www.rappler.com/nation/218733-congress-extension-martial-law-mindanao-december-2019

    On December 12, 2018, Congress approved that President Duterte’s request to extend martial law in Mindanao until the end of 2019. The president first declared martial law over Mindanao in May 2017.

    His capacity to declare such is a manifestation of his military powers as stated in Article VII, Section 18 on the 1987 Constitution. Here it is stated that, as the Commander-in-Chief of all armed forces of the Philippines, in the event of rebellion, invasion, or lawless violence, the President has the power to call on the armed forces to suppress these.

  2. EO gives Duterte power to probe corrupt appointees – January 2019

    https://newsinfo.inquirer.net/1072257/eo-gives-duterte-power-to-probe-corrupt-appointees

    Last January 12, 2019, the application of the Executive Order No. 73 has commenced. The stated Executive Order, signed last December 28, 2018, grants the President the power to directly examine and investigate presidential appointees and/or government officials that he or she suspects of corruption. This is done in line of Duterte’s amendment of the functions and powers of the Presidential Anti-Corruption Commission (PACC), which he formed in 2017.

    Such action can be attributed and done so under Article II, Section 27 of the 1987 Philippine Constitution wherein it is stated that it is the duty of the State (in which Duterte is the current head of) to maintain and ensure honesty and integrity in public service and to take positive and effective measures against graft and corruption.

  3. EO gives Duterte power to probe corrupt appointees – January 2019

    https://newsinfo.inquirer.net/1072257/eo-gives-duterte-power-to-probe-corrupt-appointees

    Last January 12, 2019, the application of the Executive Order No. 73 has commenced. The stated Executive Order, signed last December 28, 2018, grants the President the power to directly examine and investigate presidential appointees and/or government officials that he or she suspects of corruption. This is done in line of Duterte’s amendment of the functions and powers of the Presidential Anti-Corruption Commission (PACC), which he formed in 2017.

    Such action can be attributed and done so under Article II, Section 27 of the 1987 Philippine Constitution wherein it is stated that it is the duty of the State (in which Duterte is the current head of) to maintain and ensure honesty and integrity in public service and to take positive and effective measures against graft and corruption.

  4. Bonus:

    State media slammed for validating ‘red-tagging’ of journos

    https://www.philstar.com/headlines/2019/01/10/1883928/state-media-slammed-validating-red-tagging-journos

    On an online article published by The Philippine Star last January 10, 2019, the National Union of Journalists of the Philippines (NJUP) speaks about a news agency ran by the State validating a news story carried by tabloids which attributes NJUP to communist rebels, a connection that the said union have denied in prior. NJUP further states that such event occured due to the Government’s intention of silencing and defaming the country’s independent press. In response, the State deemed such claim as of “paranoid” nature and assured the journalists that they have nothing to worry about.

    Now, does red-tagging affect the exercise of free speech/freedom of expression? Yes, it does. On Article III, Section 4 of the 1987 Philippine Constitution, one’s right to utter and/or publish whatever he/she desires without any restraint and right to be protected in doing so as long as it does not violate the law are stated. In the case of red-tagging, individuals are intimidated by the happening of being attributed to communist rebels and being seen as State enemies, leading to the silence of the ideas or expressions that are against the State, no matter the case. The same situation applies to that of the Philippine press. The red-tagging also violates the said Constitution article and section as it states the Press’ right to cover all types or sorts of publication, yet those who publish or air anti-government articles or stories are red-tagged. The limits of the Freedom of Expression can also be seen in the same part of the Constitution, which includes the right to subject one to liability who abuses it, such in the practice of libel or slander. However, in the existence of red-tagging journalists and activist group, most had not been penalized, leading to the continuing red-tagging experienced by many in the country.

  5. Military Backs Mandatory ROTC for Grades 11 and 12 – November 2018

    https://news.abs-cbn.com/news/11/23/18/military-backs-mandatory-rotc-for-grades-11-and-12

    On November 2018, President Duterte brought up about reviving the mandatory ROTC program, saying it would help prepare young Filipinos defend the country in case of war. Despite being made optional in 2002 because of a controversy that resulted in the death of a college student, the Armed Forces of the Philippines supported the President’s idea.

    The existence of a ROTC program, even if it is optional or mandatory, can be attributed to Article II, Section 4 of the 1987 Constitution which states that “The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service.” This means that there is an option to call upon the people to defend the state by being of service in the military.

  6. Duterte will sign an executive order lowering tariffs on fish, corn – August 2018

    https://www.rappler.com/nation/209455-congress-suspends-session-for-duterte-executive-order-tariffs

    The President cannot adjust tariff rates while the Congress is in session, as stated in Section 1608 of Republic Act No. 10863. The Congress decided that the adjustment of the tariff rates was urgent due to the inflation rate, and lowering tariffs was seen as a way to keep the price of basic commodites from rising even further.

    According to Section 28, Paragraph 2, Article VI of the 1987 Philippine Constitution, “The Congress may, by law, authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.”

    The constitution prevents the President from doing as he pleases. The President is bound to a set of restrictions to prevent abuse in power. This is one example. Without the initiative of Congress to suspend its regular session, the President will not be able to lower tariffs.

    The Constitution provides for a system of checks and balances which prevents excessive usage of power in any of the three branches of government.

  7. Bonus:

    NUJP: Red-tagging of journalists ‘idiotic,’ puts them in danger

    https://newsinfo.inquirer.net/1071350/nujp-red-tagging-of-journalists-idiotic-puts-them-in-danger

    Without question, red-tagging has an adverse effect on the exercise of free speech. Being red-tagged means being labelled as an enemy of the state, most likely due to participation in organized protests against the many inadequacies of the government. However, as stated in Section 4, Article III of the 1987 Philippine Constitution, “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

    As long as there are no laws broken (for example, libel, slander, or lawless use of violence [militant groups]), freedom of speech shall be recognized. Red-tagging would lead to fear of voicing out displeasures against the government, leading to the silencing of the critical voices that help awaken the masses into the reality of the government’s exploitative practices.

    The press has the right to exercise freedom of speech, alongside its responsibility of disseminating the truth. The government should have thick skin; if they don’t want to look bad, they better do their job as public servants properly, not declare those who oppose them as enemies of the state just because they get criticized.

  8. Just awaiting Duterte’s signature, 105 days paid maternity leave close to becoming law – October 2018

    (https://www.philstar.com/headlines/2018/10/03/1857194/just-awaiting-dutertes-signature-105-days-paid-maternity-leave-close-becoming-law)

    The Philippine Star reported that on October 3, 2018, the Expanded Maternity Bill was ratified by Congress, the second to the last step before it would become a law if signed by the president. The bill allows for mothers to have 105 days off as paid maternity leave after giving birth- this is more than the 60 days that is currently allowed.

    Article XIII, Section 14 on Women states that “The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions,
    and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.”

    This illustrates the concept of Article XIII, Section 14 of the Constitution because the approval of such a bill will be beneficial for women, and would allow them ample time to recuperate after giving birth. Doing so would fulfill what the section says regarding providing safe and healthful working conditions for women.

  9. Senate ratifies P105-B coco levy fund – December 1, 2018

    https://news.mb.com.ph/2018/12/01/senate-ratifies-p105-b-coco-levy-fund/

    After an initial recall of the bill by Cabinet officials because of the lack of a sunset provision and concerns over how the resulting body would be composed of more civilians than government representatives, the bicam report from October that year was withdrawn to make way for the ratification of a P100-billion trust fund. Beneficiaries of the fund would be coconut farmers that never received compensation for being taxed without eventual compensation by the Marcos administration, which pledged to use the funds for projects directed towards the welfare of the farmers but was not. The ratification also comes with the strengthening of the Philippine Coconut Authority with both government and civilian representatives, with an even composition of both overseeing the distribution of the funds.

    The issue in the article actually has a lot of background based on provisions stated in the Constitution. For example, one of the reasons the trust fund itself was initially pulled back was for Congress to amend it so it wouldn’t be vetoed by the President, one of the powers vested to him as the executive branch of the government. The cause of the issue, that being the Marcos administration utilizing the funds from the farmers for private interests instead of public projects, violated Article III, Section 9 of the 1987 Constitution, which states “Private property shall not be taken for public use without just compensation”; the farmers were never compensated by the administration, even until last year, for their earnings, which counts as their property, after being taxed, which was supposed to go towards public use.

    The passing of the trust fund and the strengthening of the PCA seek to both amend this violation and to fulfil two principles of the State found in Article II of the 1987 Constitution, these being Section 10, which reads “The State shall promote social justice” (in this case, taking justice for the less fortunate members of society being the scammed farmers), and Section 27, which reads “The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption”.

  10. AFP bares Metro Manila schools linked to ‘Red October’

    Source: https://news.abs-cbn.com/news/10/03/18/afp-bares-metro-manila-schools-linked-to-red-october

    Last October, 10 different educational institutions were tagged as recruitment grounds of the CPP-NPA-NDF, all of which have been declared as terrorist organizations by the Government of the Republic of the Philippines. Furthermore, the AFP have, on multiple occasions, pledged to wipe out the CPP-NPA-NDF within a certain period of time. This directly endangers the freedom, safety, and security of the students from the 10 different institutions. It also hinders their freedom of speech and association, both of which are supposedly protected by the constitution.

    From a legal standpoint, red-tagging violates the Bill of Rights in the 1987 constitution. Section 18 of the Bill of Rights reads, “Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.” This protects individuals from political imprisonment. Therefore, what the AFP did is both illegal and unethical, as is the entire practice of red-tagging.

  11. Bonus: Court rules arrest of NDFP consultant Rafael Baylosis ‘illegal’

    Source: http://cnnphilippines.com/news/2019/01/15/CPP-NPA-NDF-consultant-arrest-court-ruling.html

    The Quezon City Regional Trial Court ruled the arrest of political prisoner and NDFP consultant Rafael Baylosis on Jan. 31, 2018 was to be illegal. This was done on the basis that Baylosis’ supposed charges of illegal possession of firearms and explosives were false. It is important to note that he had been in prison for almost a year. This arrest violated many of Baylosis’ rights, such as those to due process and to be secure and stand trial. However, like my previous comment, I believe that the biggest violation committed here is how he fell victim to political imprisonment. Specifically, this was a result of red-tagging and imprisoning individuals on the sole basis of their beliefs. This is a violation of the bill of rights.

    Section 18 of the Bill of Rights reads, “Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations.” Baylosis was one of multiple individuals who have been victimized by violations of this section. Media practitioners and the youth as a whole should take firmer stances against political imprisonment and the human rights violations that are inherent to this.

  12. Bonus:

    AFP bares Metro Manila schools linked to ‘Red October’ – October 3, 2018

    https://news.abs-cbn.com/news/10/03/18/afp-bares-metro-manila-schools-linked-to-red-october

    Without evidence provided, the AFP released a list of schools supposedly being infiltrated and by communist rebels for recruitment efforts towards a ‘Red October’ plot. Their statement was that film-showings were being used to paint Duterte in a dictatorial light. However, schools in the list denied involvement and awareness of the plot, demanding evidence and questioning the reliability of the ‘intelligence’ as one of the schools in the list didn’t even exist, one Caloocan City College. The PNP also vowed to conduct investigations but seemed to lean towards believing in the threat, saying that the AFP’s information fell in line with the modus of the communists parties.

    To simply red-tag, or declare an enemy of the state, any opposing opinions or criticisms towards the existing government is already a huge deterrent to freedom of expression, as being tagged means having one’s credibility and even physical safety be at risk if one decides to expose themselves to state any disagreement or comments on the mistakes of the government. It goes against the due process, under Article III, Section 14, owed to citizens that are simply criticizing the government within the limitations they are bound by by law, rather than being a full-on opposition. Red-tagging, in this regard, is even unconstitutional, as it endangers several rights of the victimized parties. Under Article III, Section 7, this means those targeted may not be afforded the Writ of Habeas Data, to demand evidence by the government or State on their guilt. This can lead to further violation of Article III, Section 18, which is the freedom from political belief, and the right against detention solely by reason of political beliefs and aspirations.

    Overall, however, all of these threats would also all fall under the worst-case scenario, which would be, under Article IV, Section III, loss of citizenship via cancellation of it in court. Such a case for any red-tagged individual would mean a revoking of access to any of the rights and privileges offered to them by the Constitution, meaning they would not only lose their freedom of expression in the country, but also be liable to imprisonment and other government mistreatments.

  13. House Panel puts Robredo back in line of succession under draft charter

    Source: https://www.rappler.com/nation/216510-house-panel-brings-back-vp-line-succession-transition-federalism-draft-constitution

    After being previously removed from the line of succession for the proposed government transition to federalism, the House of representatives added VP Robredo back in the line of succession. The House faced a lot of criticism after its controversial decision to remove Robredo in the succession line in hopes of (presumably) not letting the Liberal party (comprising mostly of opposition) to have the supreme executive power in the case the Pres. Duterte will be unable to continue his term.

    The line of succession lists the people who are to take over as president should their higher-ups be unable or unfit to assume the position either via impeachment, incapacity, death or resignation. This can be found in the 1987 Constitution under Section 7 or Article VII.

  14. Bonus: Elago: ‘Red-tagging’ of Metro schools an attack on campus free speech

    Source: https://newsinfo.inquirer.net/1039036/elago-red-tagging-of-metro-schools-an-attack-on-campus-free-speech

    As Kabataan Partylist representative Sarah Elago said, red-tagging schools with alleged communist rebel students tend to instill fear in the hearts and minds of all students, which can then restrict the flow of free speech. The fear of being accused as an NPA recruit, hauled off to a prison when all you have done is expressed your opinion that happened to be against the Duterte administration will make you think twice about saying anything. The chilling effect that red-tagging brings to the students in “Red October” schools is a clear attack on the students’ integrity. In some cases, even the record of an “invitation” to the police station can already put a damper on these students’ future careers and livelihood, as some employers will be less inclined to hide a “subversive” applicant. Furthermore, red-tagging is dangerously close to libel, as it impunes the character of the students being targeted. The statement “student activists in these Red October schools are NPA recruits” already brands them as “rebels” in the minds of those who are not enlightened enough to dig deeper for the truth, leading them to believe these allegations. All in all, red-tagging is a very dangerous game the administration and the military are playing against these hardworking student-activists, a move that pushes the general public closer to instability and division to distract them and shift the blame from other controversies like the War on Drugs phenomenon and its consequent extrajudicial killings.

  15. House passes draft federal charter (December 11, 2018)

    Source: http://cnnphilippines.com/news/2018/12/11/House-passes-draft-federal-charter.html

    The Constitution is the fundamental law of the land, the wellspring of rules that govern the lives of the people. Article II, Sec. 1 of the 1987 Philippine Constitution states that the Philippines is a “democratic and republican state” making it with a form of government which derives its power from the people. The Constitution consequently is the expression of the will of the people under its sovereign capacity.

    As early as the Ramos administration, there have been various calls for Constitutional change. Duterte now calls for the shift to a federal type of government, staying true to his campaign promise. However, in today’s administration, the progress and passage of the draft seems to be noticeably “rushed,” as opposing lawmakers describe it, referring to the only roughly three months of review and sessions since its filing. Now, since the passage of the draft federal charter by the House, the resolution is transferred to the Senate for action, as the two houses agreed to vote separately.

    As a government deriving power from the people, it is still to be held true that any change in the Constitution is only valid and effective if ratified by the people themselves, in accordance with Article XVII. There should not be any new Constitution without a national plebiscite.

    Additional Source for research:
    Bueno, A. (2018). 6 things you should know about Constitutional change. CNN Philippines. Retrieved from http://cnnphilippines.com/life/culture/politics/2018/07/04/philippine-constitution.html

  16. Duterte signs HIV-AIDS law

    Last January 9, 2019, Duterte signed the HIV-AIDS law, also known as Republic Act 11166 or the Philippine HIV and AIDS Policy Act of 2018, which is an improved version of Philippine AIDS Prevention and Control Act of 1998. Through this law, programs and policies will be established and made accessible in order to combat and prevent the spread of HIV.

    Source: https://news.abs-cbn.com/news/01/09/19/duterte-signs-hiv-aids-law

    Article XIII, Section 11 of the 1987 Philippine Constitution states, “The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers.”

    Thus, by signing the HIV-AIDS law, a more comprehensive approach in solving the widespread of HIV in the country will be implemented, and services that aim to aid those who test positive for HIV-AIDS will be made more easily accessible and affordable to the people. This, in turn, contributes to the overall mandate of the government to enhance health development in the country.

  17. https://www.rappler.com/nation/220311-opposition-lawmakers-ask-supreme-court-void-3rd-mindanao-martial-law-extension

    Article VII, Sec. 18 of the 1987 Constitution makes the provision that “The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.” Article III, Section 15 echoes this, providing that the privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.

    The extension of martial law has raised questions from people in congress, the senate, and people o the ground level—whether or not its presence is necessary in the entire Mindanao, not only for its extension, but also because invasion, violence, and rebellion is no longer as apparent as it used to be when the rebels who brought about the siege in Malawi were eradicated.

  18. https://news.abs-cbn.com/news/10/04/18/metro-manila-universities-slam-military-red-tagging

    Bonus.

    This was a piece of news that directly affected us UP students when it got released. The so-called red-tagging propagated by the government towards schools who reportedly spread communist ideas were not only brought out by patronage of the current administration’s views on the universities’s criticisms of them, but also went against Article III, Section 4 in the Bill of Rights, where it states that “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

  19. Arroyo’s Draft Federal Charter removes term limit for Senators and Members of the House

    https://www.rappler.com/nation/213814-arroyo-draft-federal-constitution-removes-term-limits-lawmakers

    The proposed federal charter filed by Speaker Arroyo and colleagues from the lower chamber is dissimilar to the already approved draft federal charter by the Consultative Committee. Under the House draft, elected senators and congressmen shall have a term of four years but no term limit will be given. One of those who are against this provision is Spokesperson of Duterte’s Con-com, Ding Generoso who described it as ‘worse than the 1935 constitution.’

    These are all in contrast to the current provisions under the 1987 constitution. Article VI Section V states that ‘…no Senator shall serve for more than two consecutive terms.’ while Section VII of the same article states that ‘no Member of the House of Representatives shall serve for more than three consecutive terms.’

  20. NEWS EVENT W/ REGARDS TO THE CONSTITUTION

    Declare ‘profiling’ ACT members unconstitutional, court asked
    Written by: Kristine Joy Patag
    Published on: January 17, 2019

    After the Antipolo City Police Station released a memorandum directing police officers to retrieve personal information of teachers affiliated with the Alliance of Concerned Teachers (ACT), ACT members requested last Thursday for the Court of Appeals to rule this act as unconstitutional.

    Source: https://www.philstar.com/headlines/2019/01/17/1885884/declare-profiling-act-members-unconstitutional-court-asked

    The petitioners stated that the processing of information must have a declared and specified purpose which is not contrary to law. The members added that the teachers themselves nor the Department of Education (DepEd) were informed, preventing objection to this act by the authorities. This violates Republic Act 10173 or the Data Privacy Act of 2012, Chapter II, Sec. 11(a).

    DepEd stressed in its statement that any request for information will be evaluated in accordance to existing laws, including the Data Privacy Act.

    Our right to privacy is a basic fundamental human right. It has been cited by the supreme law of the country– the Philippine Constitution. The Right to Information and Communications Privacy is recognized under Article III, Sec. 3(1), which states that:
    “The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.”

    Article III, Sec. 3(2) adds that:
    “Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.”

  21. Arroyo’s Draft Federal Charter removes term limit for Senators and Members of the House

    https://www.rappler.com/nation/213814-arroyo-draft-federal-constitution-removes-term-limits-lawmakers

    The proposed federal charter filed by Speaker Arroyo and colleagues from the lower chamber is dissimilar to the already approved draft federal charter by the Consultative Committee. Under the House draft, elected senators and congressmen shall have a term of four years but no term limit will be given. One of those who are against this provision is Spokesperson of Duterte’s Con-com, Ding Generoso who described it as ‘worse than the 1935 constitution.’

    These are all in contrast to the current provisions under the 1987 constitution. Article VI Section V states that ‘…no Senator shall serve for more than two consecutive terms.’ while Section VII of the same article states that ‘no Member of the House of Representatives shall serve for more than three consecutive terms.’

  22. Bonus:

    AFP official: CPP recruits in Manila schools through martial law film screenings (October 3, 2018)
    Filmmakers decry AFP red-tagging (October 5, 2018)

    A military official claimed that the Communist Party of the Philippines (CPP) is recruiting members from different universities through screenings of martial law films, stating that the films encourage students to rebel against the government. Parlade named certain universities where the CPP is actively recruiting members, adding that the school boards may not be aware of it.

    Artists and filmmakers, in response to the red-tagging, took a stand demanding that the military take back the false allegations. The opposing filmmakers said that the claim of the military brings forth danger against the film industry, the education institutions, and the youth in general. The artists demand for the retraction of the statements, along with an apology. Standing firm, an alliance of more than 700 film industry workers claims that they do what they have to do– provide service to the youth in “informing them about the systemic atrocities that happened during the martial law era.”

    The issue on red-tagging artists and filmmakers without a doubt impinges on their right to freedom of expression as stated in Article III, Section 4 in the Bill of Rights as both citizens and as artists. As it is one of the most crucial roles of a filmmaker to make and screen films in reflection of the social realities and atrocities, claiming the act to be damaging and illegal would manifest deep irony.

    Link to articles: http://cnnphilippines.com/news/2018/10/03/Red-October-AFP-schools.html ; http://cnnphilippines.com/entertainment/2018/10/05/filmmakers-red-tagging-martial-law-parlade.html

  23. Bonus.

    Commission of Human Rights alarmed with AFP red-tagging 18 Universities – October 2018

    https://newsinfo.inquirer.net/1039320/chr-hits-afps-blanket-act-of-red-tagging-universities

    Last October, the Armed Forces of the Philippines(AFP) released a list, comprising of universities they claim to be where the Communist Party of the Philippines (CPP) is allegedly recruiting and brainwashing students. The Commission of Human Rights condemns this and stated that the red-tagging of 18 universities as recruitment grounds for communists and associating them to the ‘Red October’ or the plot to oust President Duterte, ‘endangers students and the youth.’

    Section IV of Article III in our 1987 Constitution states that, ‘No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.’ With no concrete evidence of how they came up with the list, the AFP deviates from their responsibility of promoting national interest and maintaining public safety by leaving students of the 18 universities vulnerable to any imprisonment or surveillance from the government. This then, is unconstitutional and suppresses basic human rights.

  24. BONUS : RED TAGGING NEWS EVENT

    Inventory of ACT members similar to red-tagging, says CHR
    Written by: Gaea Katreena Cabico
    Published on: January 8, 2019

    The Commission on Human Rights (CHR) stressed that police profiling of Alliance of Concerned Teachers (ACT) members was similar to red-tagging, and could endanger the educators themselves. CHR spokesperson Jacqueline De Guia argued that “…investigating them on mere insinuations of being linked to the left is akin…” to considering them as communist terrorists, state enemies or subversives.

    Source: https://www.philstar.com/headlines/2019/01/08/1883319/inventory-act-members-similar-red-tagging-says-chr

    The government fails to see that involvement with progressive groups do not constitute acts contrary to law. It also should not warrant the state to withhold their right to freely associate and organize, as stated by Section 4 of the Bill of Rights:
    “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

    Red-tagging itself is dangerous, since it involves identifying an individual as someone who is affiliated with the Communist Party of the Philippines, which Duterte declared as a terrorist organization in Dec. 2017.

    The Human Security Act of 2007 (HSA) or Republic Act 9372 may subject those who are red-tagged to interception and recording of communication (Sec. 7), detention without charges (Sec. 19), and restricted personal liberties (Sec. 26), among others. These provisions prevent red-tagged individuals from exercising free speech and expression.

  25. [MEDIA LAW] Khim

    BONUS: Red-tagging News Event

    Groups slam Uson for red-tagging Lumad rights organizations
    Written by Jodesz Gavilan
    Published on October 30, 2018

    Former communications assistant secretary Mocha Uson once again proved that she is a false information proliferator as she staged a “protest” at the University of the Philippines Diliman campus tagging indigenous people (IP)’s rights advocates as communist rebels. She led an alleged group of Lumad chanting in support of President Rodrigo Duterte and expressed outrage to the Communist Party of the Philippines-New People’s Army (CPP-NPA).

    Human rights groups condemned Uson’s act of red-tagging individuals working for the welfare of the indigenous people.

    Source: https://www.rappler.com/nation/215512-groups-slam-mocha-uson-red-tagging-lumad-rights-organizations

    The government seems to have no plans to uphold the rights of indigenous people. By just protecting their ancestral lands, IPs were subjected to violence and false accusations.

    According to Article II, Section 5 of 1987 Philippine Constitution:
    “The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.”

    The government itself is subjected to unconstitutional acts. Red-tagging clearly triggers deterioration of peace and order in the country.

  26. Assignment #1: News with regards to the 1987 Philippine Constitution

    Palace: No giving up territorial claims under draft Constitution
    Written by Philip C. Tubeza
    Published on February 6, 2018

    The then-presidential spokesperson Harry Roque announced that the administration will not give up Philippine territory under a new charter. He added that such a thing is not even part of the constitution that the administration eyes to amend.

    Source: https://newsinfo.inquirer.net/966420/palace-no-giving-up-territorial-claims-under-draft-constitution

    According to the Article I of 1987 Philippine Constitution:
    “The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the
    insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.”

    It is the obligation of the state to protect the national territory including islands and waters that comprise the archipelago.

    Despite having said that the government has no plans in giving up territorial claims, there seems to have a glitch in this promise as the state gradually letting foreigners operate in one of our territories.

  27. Removing Filipino, Panitikan as core college subjects ‘unconstitutional,’ ‘anti-youth,’ Lagman says

    https://www.gmanetwork.com/news/news/nation/675412/removing-filipino-panitikan-as-core-college-subjects-unconstitutional-anti-youth-lagman-says/story/

    Opposition lawmaker Albay Representative Edcel Lagman on Tuesday said the Supreme Court ruling that effectively removes Filipino and Panitikan as core college subjects is “unconstitutional” and “anti-youth.”

    As stated in Art. XIV, Sec. 6 of the 1987 Constitution, “The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages. Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.” But in the removal of Filipino at Panitikan ng Pilipinas as required core subjects in the virtue of Commission on Higher Education (CHED) Memorandum No. 20, series of 2013, the government does otherwise. The said memorandum directly violates the constitutional provision that the government shall initiate and sustain the use of Filipino by removing its subjects as a requirement in the tertiary education, thus promoting English.

    Another provision violated is in Art. XIV, Sec. 3 (2) which states, “They shall inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency.” The memorandum removes the subjects that are meant to ‘inculcate patriotism and nationalism’ as Filipino and Panitikan ng Pilipinas heightens the nationalistic awareness of the students, but even more in the tertiary level. It is contrary to others’ claims that lectures about Filipino and Panitikan ng Pilipinas in the tertiary will be just the same as the lectures in the basic education levels, like in the secondary level.

    The memorandum clearly violated the following provisions in the Constitution, making it unconstitutional, yet it will continue to be implemented sooner or later. Although lawmakers stated their side regarding on the memorandum, its implementation won’t be stopped as its temporary restraining order (TRO) is now lifted.

  28. [REPOSTING]

    BONUS: Red-tagging News Event

    Groups slam Uson for red-tagging Lumad rights organizations
    Written by Jodesz Gavilan
    Published on October 30, 2018

    Former communications assistant secretary Mocha Uson once again proved that she is a false information proliferator as she staged a “protest” at the University of the Philippines Diliman campus tagging indigenous people (IP)’s rights advocates as communist rebels. She led an alleged group of Lumad chanting in support of President Rodrigo Duterte and expressed outrage to the Communist Party of the Philippines-New People’s Army (CPP-NPA).

    Human rights groups condemned Uson’s act of red-tagging individuals working for the welfare of the indigenous people.

    Source: https://www.rappler.com/nation/215512-groups-slam-mocha-uson-red-tagging-lumad-rights-organizations

    The government seems to have no plans to uphold the rights of indigenous people. By just protecting their ancestral lands, IPs were subjected to violence and false accusations.

    According to Section 4 of the Bill of Rights:
    “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

    Red-tagging is without a doubt a threat to freedom of speech. IPs were just fighting for their rights but met with false claims in an attempt to silence them.

    Another provision in the constitution was also violated. Article II, Section 5 of 1987 Philippine Constitution:
    “The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.”

    The government itself is subjected to unconstitutional acts. Red-tagging clearly triggers the deterioration of peace and order in the country.

  29. [BONUS ARTICLE re: RED-TAGGING]

    Filmmakers, artists condemn red-tagging of movie screenings

    https://news.abs-cbn.com/news/10/05/18/filmmakers-artists-condemn-red-tagging-of-movie-screenings

    Why is the government afraid of films?

    Filmmakers, artists and educators asked this question in a press conference at the University of the Philippines Diliman on Friday as they denounced the military’s allegations that film screenings about martial law were being used to recruit students into the communist movement.

    In the creation of films and narratives, it associates that they have the freedom to express their thoughts and their ideas in their creative ways. In red-tagging filmmakers that their films are ways to recruit students in the communist movements, it can violate the right of filmmakers to have films based on their ideas.

    As stated in Art. III, Sec. 1 “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.” The red-tagging of filmmakers deprived their liberty to create such films and the liberty to do their creative works.

  30. Suharto style: Duterte orders AFP to destroy communists — December 2018

    Source: https://newsinfo.inquirer.net/1065939/suharto-style-duterte-orders-afp-to-destroy-communists

    Last Christmas, it is said in an interview that Duterte would like to follow or replicate the campaign of the late Indonesian strongman Suharto, which involves the massive killing of communist rebels. This was Suharto’s attempt to crush the rising communism back then in Indonesia, which succeeded in a way that it started his three decades of authoritarian rule.

    “Do not fight them, destroy them. Destroy them, kill them,” was President Rodrigo Duterte’s words as he gives the orders to stop the communists in Mindanao.

    Article VII, Section 1, of the 1987 Constitution vests executive power on the President of the Philippines. The President is the Head of State and Head of Government, and functions as the commander-in-chief of the Armed Forces of the Philippines. As chief executive, the President exercises control over all the executive departments, bureaus, and offices. It is within the power of the president to use the military arm of the State which in this case is the AFP.

  31. Bonus:

    No red-tagging; NPA recruitment in schools real — October 2018

    Source: http://www.pna.gov.ph/articles/1050236

    Last year, the AFP and Philippine army made claims nationwide that incidents of certain schools “recruiting” students to join the Communist Party of the Philippines – New People’s Army. The red tagging claims were dismissed by the affected schools, few of which are from Western and Central Visayas.

    In an interview, Capt. Eduardo Precioso Jr., chief of 3rd Division Public Affairs Office based in Iloilo City, then reiterated that there have been no “red tagging” incident. But the officer did not took back his claims of the schools recruiting their students to join the rebels. To quote his statement, “…we all know there are schools that have become a source of NPA recruits and or being used as platforms for recruitment.”

    This has been a careless issue from the military as claims and statements such as these pose real threats to those involved, especially the students from the accused universities. Even the mere presence of the military within the confines of the university buildings is enough to endanger and instill fear. There have been cases of unlawful arrests even among students that’s why statements like these cannot be taken lightly.

  32. [BONUS]

    UP community slams Uson’s red-tagging of Lumad schools

    Source: http://bulatlat.com/main/2018/10/31/up-community-slammed-usons-red-tagging-lumad-schools/

    Margaux “Mocha” Uson was criticized for red-tagging Lumad schools, evident in her Facebook Live featuring several Lumads denouncing the CPP and NPA, along with her interview with some Lumad leaders and students who held the same sentiments. Yet, it was found that Marcos Bocales, who was one of the Lumad leaders interviewed by Uson, was wanted for several criminal charges, including the murder of Alternative Learning Center for Agricultural and Livelihood Development (Alcadev) executive director Emerito Samarca, Lumad leaders Dionel Campos and Manobo Datu Juvello Sinzo.

    Such previous efforts of Uson to antagonize and red-tag Lumad schools is a blatant abuse of her power, considering her large following and wide reach on social media, with her black propaganda and dissemination of lies causing more threat to students and teachers at Lumad schools. It must be noted that, even before Uson’s efforts, as well as Duterte’s threat to bomb Lumad schools in 2017, Lumad schools were already subjected to attacks from the military. A total of 89 schools were attacked during the first year of the Duterte administration, according to the Save Our Schools (SOS) Network in Mindanao spokesperson Rius Valle.

    This shows that any effort of red-tagging can endanger the lives of the individuals targeted and justify any attack toward them, a violation of Article II, Section 5 of the Constitution, which states, “The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy,” and of Article II, Section 11, which states, “The State values the dignity of every human person and guarantees full respect for human rights.”

    By mixing in fear and danger in the learning environment of the Lumads, with the attacks, a form of intimidation, along with Duterte’s remarks which threaten their freedom and right to education, several sections of the Bill of Rights were also violated, namely Article III, Section 1, stating that, “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws,” and Article III, Section 12, Paragraph 2, which declares, “No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.”

    Additional material:
    gmanetwork.com/news/news/regions/619825/military-attacking-lumad-schools-prior-to-duterte-s-bombing-remark/story/

  33. https://www.rappler.com/nation/213318-supreme-court-acquits-drug-suspect-weak-case-buildup

    https://www.rappler.com/nation/217287-supreme-court-acquit-convict-weak-drug-case-november-2018#cxrecs_s

    https://www.rappler.com/nation/221604-supreme-court-acquits-new-batch-drug-suspects-january-2019

    These related news reports is an illustration not only of the exacting standards of criminal prosecution under the Comprehensive Dangerous Drugs Act but it is also a reflection of the constitutional guarantee of presumption of innocence as well the right of an accused to confront his accusers and the witnesses against him face to face.

    Under these news reports, the Supreme Court acquitted drug suspects for failure of the Philippine Drug Enforcement Agency to produce the witnesses against the suspects. This was not in compliance with the requirement for witnesses stated in Section 21 of Republic Act 9165 or the Dangerous Drugs Law. The required witnesses under Section 21 are:
    * the accused or a representative
    * an elected public official
    * a representative from the National Prosecution Service or the media.

    Furthermore, Section 14 of the Bill of Rights of the 1987 Constitution provides:

    Section 14. (1) No person shall be held to answer for a criminal offense without due process of law.

    (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable.

  34. [Bonus]

    https://www.philstar.com/headlines/2018/10/04/1857344/afp-red-tagged-schools-using-unverified-information

    Being red-tagged simply means that one is labeled as an enemy of the state. According to the International Peace Observers Network, “red-tagging” or “red-baiting” is when individuals or organizations critical of the government are labeled as state enemies, communist terrorists, or members of communist front organizations. In the Philippines, activists are often the victim of red-tagging. They are often accused as members or sympathizers of the New People’s Army or the Communist Party of the Philippines.

    Red-tagging is dangerous because it threatens the physical security of a person, as well as his personal liberties guaranteed by the constitution such as the right to free speech or freedom of expression and his right to organize.

    This is so because in the Philippines, the CPP and NPA is considered an outlaw. In fact, in 2017, no less than President Duterte declared the CPP and NPA as terrorist organizations (https://newsinfo.inquirer.net/950017/duterte-declares-cpp-npa-as-terrorist-organizations).

    As such, anyone who is deemed associated with the CPP-NPA will tend to censor himself especially in voicing his criticisms against the government for fear of retaliation from the government and arrest by law enforcers.

    Red-tagging therefor is an underhanded violation of the people’s constitutional rights. Without openly censoring criticisms, the people are silenced and government is able to run without opposition from its citizens.

If the comment posted does not appear here, that's because COMMENTS WITH SEVERAL HYPERLINKS ARE DETAINED BY AKISMET AT THE SPAM FOLDER.

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.