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Political prosecution

Political prosecution

While Gloria Macapagal-Arroyo lifted Presidential Proclamation 1017, the attack against the media and the critics of the present administration continue. On the media front, various groups and practitioners had filed a case against the administration for its harassment and censorship, actual and otherwise, against these media organizations, institutions, and personalities.

On the other hand, there is the warrantless arrest against Anakpawis Representative Crispin Beltran and the curtailment of movement imposed against the other five legislators who are in the forefront of criticizing the misdeeds of GMA and her allies. They all belong to the party lists, registered by the Comelec as representatives of the oppressed, poor and marginalized. Now, these politically powerless representatives are being targeted by the present administration for their silence through the filing of a rebellion cases against them. Rebellion cases at the moment is not recommended for bail. GMA and her men found this to be the solution to silence her critics - representatives of the poor and marginalized party lists. Since a rebellion case is punishable by more than six (6) years, they are not immune from arrest even when Congress is in session.

But the case of rebellion against them is questionable. The Revised Penal Code states that “rebellion is committed by rising publicly AND taking arms against the Government for the purpose of removing from the allegiance to said Government or its laws, the territory of the Republic of the Philippines or any part thereof, of any body of land, naval, or armed forces, OR depriving the Chief executive of the Legislative, wholly or partially, of any of their powers or prerogatives.” So how did these progressive legislators commit any of the acts considered as rebellion? In fact, their struggle is under the bounds of the law as they had their oath to uphold the constitution and the laws when they registered their political parties and when they took their oath of office as representatives of their respective party lists. GMAs move is purely a political tactic as the rebellion cases against these legislators are concocted pure and simple.

GMA’s disregard of the constitution and the laws are very clear in the case of Ka Bel. The PNP employed machination on Ka Bel by stating that they are inviting him for questioning. Instead, they already had him detained while digging an archive case of Ka Bel in 1985 – a Marcos period – which is a case of inciting to sedition. It must be pointed out that inciting to sedition is punishable for prision correccional (in its maximum). Prision correccional ranges from six months and one day to six years. As such, Ka Bel is still immune from arrest as mandated by the Constitution which states in Sec. 11, Art VI: “A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while Congress is in session....” Very clear, the punishment for Ka Bel’s inciting to sedition, though antiquated and concocted, is between 6 months and one day to six years, not more than six years. They arrested him while Congress is in session. Why do the GMA police continue to detain him up to the present? Why? Is this not a reality where GMA practice martial law in reality? If this is not martial law, what do you call it then?

Strong republic? 

Since GMA took over as president after the ouster of Erap Estrada and questionably elected in 2004, she systematically tramples upon the Constitution, specifically the Bill of Rights provisions. Despite the recognition of political beliefs and aspirations, the lives of political activists were taken without due process by suspects most pointed out as alleged soldiers and PNP members. Even the media practitioners are not exempted as the killers of these journalists also point out to the PNP and military.

Their lives are deprived as they were summarily executed without due process. Presently, she is doing the trampling of the constitutional rights of the party lists representatives who are representatives of the poor, oppressed and marginalized sectors. She can do it to anybody, and can impose a state of national emergency to silence her critics. She is likened to a raging bull that can attack anybody. Better stop her before she attacks you. #

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