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Rally dispersals by the PNP

I observed that the National Capital Region (NCR) and the national leadership of the Philippine National Police (PNP) have been regularly on the news. They continuously defend their “lawful acts” against protestors in several rallies near Mendiola.

I personally do not buy the PNP’s claim that any rally without a permit or deviation from the areas contained in the permit is illegal. First, it is the court of law which can determine whether an act is legal or not. Second, the law or the order from their superiors, including GMA, is inferior to those rights contained in our constitution’s bill of rights, including the freedom of expression, right to peaceably assemble, and petition the government for redress of grievances. The constitution provides that a law should not be enacted to transgress these rights. And I do believe that any law which had been enacted in favor of the past dictatorship should be disregarded under the hierarchy of laws.

With the above context, the act of the PNP in dispersing through water cannons the peaceful religious assembly led by the bishops and former Vice-President Tito Guingona is a clear violation of the abovementioned rights, like the freedom of expression, which is a human rights violation. The PNP claimed that their basis for the dispersal is to prevent skirmishes between the protestors and their well-positioned PNP ranks. But they could have ordered their men to move back, instead of using the water cannons. Their violations of the bill of rights were aggravated by their act. Even their latter claim that they did the canonization as they resorted to water canonization when they noted a protestor with gun does not call for the dispersal, much more with the canonization. They could have easily apprehended the man, who turned-out to be a security detailed to Senator Jamby Madrigal. But they didn’t. Instead, they justified their wrong deeds to the media.

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The farmers Lakbayan from Southern Luzon to Mendiola was another concrete manifestation of police brutality. The protesting farmers were prohibited to go near Mendiola. Like past rallies conducted in the area, the PNP was involved in dispersal up to the act of physically hurting the protestors. Some of the PNP could have been hurt, but the protestors were protecting themselves, in fact armed with constitutionally granted and protected rights.

The PNP claimed the rallyists did not have permit to conduct a rally at Mendiola. Precisely, because their boss GMA violated the constitution’s freedom of expression by issuing questionable orders prohibiting the holding of rallies there. She does not have any on which law to base her orders. Even if she had, the freedom of expression (among others) as a paramount right will always prevail.

In the rally, the protestors “exercised the citizens arrest” against two state agents who infiltrated their ranks. They arrested retired 2nd Lt. Eliseo Madrid and Sgt. Ferdinand Alcantara, who were in the rally with their firearms. The PNP or the AFP may claim that they did not consent to the duo’s “infiltration” but they can tell that to the marines. It is good that the militant farmers dutifully policed their ranks against the so-called “protectors of the people.”

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Another incident that put into focus state brutality and witch hunting was the AFP’s allegation that Bayan Muna Rep. Satur Ocampo was funding the NPAs’ manufacture of explosives for the latter’s war against the government. The funder was identified in the AFP’s “captured” documents as “Ka Satur.” Rep. Ocampo correctly pointed out that this was a concocted story by the AFP. Assuming that he was the funder, would he or they (NPA) reveal the correct description or actual identity of the donor? What intelligence by the intelligent AFP?

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There was a tip-off from the NBI to the media that critical media institutions and/or personalities are the target for permanent gagging by Pres. Arroyo. Regularly updated, lists of critical media personalities are in the possession of the state’s intelligence groups and they could be arrested anytime when martial law, emergency rule, or any policies under that name will be declared.

With the trends of rally dispersal, witch hunting, and disregard of the paramount rights of expression, GMA can possibly declare martial law or the like to continuously hold on to power. But that act will facilitate her immediate disposal from power with the most people against her rule. Meanwhile, the people are joining ranks against her administration as she adopts more anti-people policies like the EVAT. #

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