Philippines: Continued Violation of Civil Liberties

3-27-06, 9:03 am



A 'State of National Emergency' was declared by Gloria Macapagal-Arroyo last February 24, under Presidential Proclamation 1017 (PP-1017), allegedly to suppress a coup attempt against her.

That day was the 20th anniversary of the triumph of the so-called 'EDSA Revolution No. 1', or EDSA-1, which toppled Marcos. EDSA-1 was the massing of people around the military camps along Epifanio Delos Santos Avenue (EDSA) in Metropolitan Manila, where rightist leaders of a failed anti-Marcos coup d'etat were holed in and were awaiting a military attack from pro-Marcos forces. This massing of people (so called 'people power,' as a human shield to protect the former Marcos henchmen who launched a clumsy assassination attempt to grab power from Marcos) was backed by the USA, the Catholic Church and most of the local oligarchs. This led to the Marcos family being spirited out of the Malacañan presidential palace and on to Hawaii by US military aircraft, and the US brokering of a new coalition government headed by Cory Aquino but with some members of the Marcos cabinet and military officials remaining in place.

In commemoration of that EDSA-1 ouster of Marcos, there was a heavy turn-out of people who assembled at different locations in Metropolitan Manila and marched to converge on a church along EDSA (the so-called 'EDSA shrine'). While the demonstrators belonged to different political persuasions, all were united in the call for the immediate ouster of Arroyo from the presidency that she occupies through massive electoral fraud. Many demonstrators were particularly enthusiastic that day because of the widespread rumors that some representatives of a faction of the Armed Forces of the Philippines (AFP) would appear at that commemoration to declare their 'withdrawal of support' from Arroyo, and to call on the people to join this new 'EDSA revolution.'

The Illusion of Another EDSA Revolt, And the Coup that Never Was

Even a week before this EDSA commemoration, former junior military officials who escaped detention for a failed anti-Arroyo coup attempt in 2003 (the so-called 'Magdalo' soldiers), as well as even some officials of the Arroyo regime, started to leak stories to the media about a coup attempt to be made on February 24. This scenario was also bruited about by leaders of rightwing elitist organizations which, apparently out of disgust and desperation, have come to rely on a military coup just to have the hated Arroyo regime ousted.

With all the rumors about a split in the government armed forces going to break out in the open on February 24, these elitist organizations mobilized people to join the EDSA commemoration to serve as the initial 'people power' human shield for the expected military defectors. Supposedly, this would lead to a repeat of the 'people power' exercises of 1986 ('EDSA-1', which ousted Marcos) and of 2001 ('EDSA-2', which ousted then President Joseph Estrada), which would gather enough mass support to force the ouster of Arroyo, and the transfer of power to a coalition of the political opposition.

Some left and ultra-left organizations, too, mobilized to join the EDSA commemoration with the expectation that another show of 'people power' would encourage an open anti-Arroyo defection within the military, leading to the ouster of Arroyo. There was also a wild expectation in the ranks of the ultra-left that they would be able to dominate a transitional coalition of the political opposition which would take over political power upon the ouster of GMA.

Almost everyone expected a 'coup' to occur on that day, and as happens with any 'coup' which is expected in advance, it was bound to fizzle and fail. The Arroyo camp set up roadblocks along EDSA and along the roads leading to the Malacañan presidential palace. Arroyo bared her PP-1017 (apparently crafted way in advance of February 24) banning all demonstrations, and demonstrators were stopped at different areas before reaching the EDSA shrine. The planned gathering of all anti-Arroyo demonstrators at the EDSA shrine was prevented. With the absence of sufficient people gathering around the EDSA shrine, the putative military defectors failed to appear, and the coup fizzled out. An arrest list of military and civilian leaders, who are alleged to be part of the conspiracy of the ultra-right and the ultra-left to launch an anti-Arroyo coup on February 24, was issued.

All government troop movements not authorized by Arroyo were banned, with pro-Arroyo troops guarding the expressways and main highways leading to the capital. Arroyo conducted a 'loyalty check' of her military commanders in the field, and replaced those suspected of being in on the coup plot. A stand-off occurred inside Fort Bonifacio (the headquarters if the Armed Forces of the Philippines) in the afternoon of March 26, with the restive forces of the Philippine Marines massing with their tanks and armored carriers, and threatening not to recognize the new generals that Arroyo appointed to command them. Their relieved officers called on the people, and particularly on the Catholic bishops, for 'protection,' but pro-Arroyo military and police forces blocked the roads leading to Fort Bonifacio. After just around 6 hours of the stand-off, the relieved officers of the Marines capitulated, and their men went 'back to barracks.'

The Alleged Conspiracy of the Ultra-Right and the Ultra-Left

Among the military officers arrested for involvement in the coup plot was the head of the Scout Rangers (the prime anti-insurgency and jungle-warfare strike force of the government). A recaptured leader of the 'Magdalo' soldiers was also charged with forging an agreement with the maoist New People's Army regarding an anti-Arroyo putsch. All the arrested military officers denied any link with the maoist insurgents, citing their anti-communist credentials. But Arroyo stuck to her allegation that there was a conspiracy of the extreme left and the extreme right to topple her regime and even to assassinate her, and old cases of coup d'etat and rebellion previously filed against leaders of both extremist groups were revived. A rightist member of the Senate (the upper house of Congress) who once was involved in the coup against Marcos, and who later was involved in coup attempts against President Corazon Aquino, was issued an arrest warrant for involvement in the failed 2003 'Magdalo' coup attempt against Arroyo, and he had to go into hiding. Other retired military officials who have called for Arroyo's ouster have also been linked with the failed 2003 Magdalo coup attempt against Arroyo, and have become objects of government manhunts. Six members of the House of Representatives (the lower house of Congress) belonging to parties identified with the underground maoist movement were also issued arrest warrants for old rebellion charges. Most escaped arrest by seeking sanctuary at the office of the rightist House Speaker (a corrupt operator who supported, and benefited from, every president from Marcos to Arroyo), where they meet with the press and where bishops and priests come to offer masses for them. Leaders of the maoist communist party and of the maoist New People's Army have also been included in the charges of supposed involvement in last month's failed coup attempt.

While a conspiracy of the ultra-right and the ultra-left to topple a regime may seem far-fetched, such is not something new to Gloria Arroyo. She herself was an instigator of such an alliance when she was vice-president to then-President Joseph Estrada. The populist Estrada was not the US choice for the presidency, and his governance was not satisfactory to the USA, despite the passage of the 'Visiting Forces Agreement' with the USA during his short term. With US support, his opponents started in 2000 to demonize Estrada for taking protection money from 'jueteng' (organized gambling) lords, and for laundering bribe money (into an account under the alias of 'Jose Velarde'). It was at that time that then-Vice-President Gloria Arroyo forged an alliance with the ultra-rightists in the armed forces and in so-called 'civil society' (including the Makati Business Club and the media moguls), and with leaders of the legal organizations of the underground maoist movement, in order to win their support for the ouster of Estrada.

The conspiracy that Gloria Arroyo forged with these extremist groups paid off in early 2001, when the rightist military leadership manifested their 'withdrawal of support' from Estrada before a crowd at the EDSA shrine (in what became known as 'EDSA Revolution No. 2', or EDSA-2). The subsequent march of the anti-Estrada forces from the EDSA shrine to Malacañan Palace, meant to physically remove Estrada from that presidential palace, was spearheaded by mass organizations of the maoist movement taking directions from rightist military leaders. The maoist leaders in the Netherlands openly endorsed Arroyo's power grab, oblivious to the fact that Arroyo's political track record is marked with consistent adherence to the neoliberal policies of globalization, and with shameless servility to imperialist dictates.

As a result of the Arroyo-fostered conspiracy of the ultra-right and the ultra-left in 2000-2001, Arroyo got the presidency, the rightists retained their hold on the military, the Maoists got support for their electoral bids, and the Arroyo family went on to consolidate the take from jueteng and smuggling lords, and to launder the take (into an account under the alias of 'Jose Pidal'). Worse, Gloria Arroyo went on to perpetuate herself in power by committing massive fraud during the May 2004 election.

Arroyo does not want to be at the receiving end of something similar to what she did in 2001. She is therefore calling as high crimes the demand for her resignation or ouster, the giving of media mileage for opposition rallies, the meetings between officers of the armed forces and leaders of the maoist movement, and the plan of some military officials to withdraw their support from her --- i.e., all the things that she herself instigated in connection with her power grab against Estrada in 2001. Worse, she now justifies her illegitimate hold on power by claiming that her presidency is the 'will of god,' and that she is the best person to hold that position!

The Continued Violation of Civil Liberties

A 'state of national emergency' is not defined under the Philippine Constitution, and is alien to Philippine laws. It is neither a state of rebellion or insurrection, but the punitive state actions contemplated under Arroyo's PP-1017 are similar to martial law --- the ban on public assemblies, warrantless arrests, press censorship and control over selected public utilities. On the basis! of PP-1017, the editorial offices and presses of 2 anti-Arroyo newspapers were raided and threatened with closure. A private radio-TV station was also threatened with sanctions for giving media coverage to the tense February 26 stand-off at the headquarters of the Philippine Marines.

This was the second time that Arroyo declared the existence of a 'state of national emergency'. The first time was on May 1, 2002, when Malacañan Palace came under siege from thousands of unarmed supporters of deposed President Estrada. The pro-Estrada forces had also marched from the EDSA shrine, and the one-sided clashes at the Malacañan Palace gates, where several demonstrators were shot dead, became known as 'EDSA-3'. Before Congress could convene to question such a declaration of a 'state of national emergency', Arroyo had it lifted within a few days.

This time, Arroyo lifted her PP-1017 on March 3, or exactly a week after its baring, due to demands from the business community and from some western embassies. The USA, UK and other western powers issued 'travel advisories' (warning their nationals against traveling to the Philippines) in the wake of PP-1017, and this was an additi! onal pressure for Arroyo to soon lift her PP-1017.

This early lifting of PP-1017 was also meant to stop Congress and the Supreme Court from questioning its legality. Arroyo's Solicitor-General asked the Supreme Court to throw out the numerous cases filed by opponents of PP-1017, claiming that the issue is already moot with the lifting of PP-1017. The opposition, however, remains firm in its demand to have PP-1017 declared unconstitutional, so that this could be a basis for the filing of a new impeachment complaint against Arroyo. The Supreme Court is packed with Arroyo appointees, and is expected to further drag its feet on this issue. But apparently finding the Arroyo position untenable, her own Solicitor-General resigned.

Despite the lifting of PD-1017, all public assemblies calling for Arroyo's ouster or resignation remain banned. The EDSA shrine and the other usual venues for public assemblies along EDSA have also been declared off-limits to rallyists. On the day PD-1017 was lifted, lawyers and law students marching from the headquarters of the Integrated Bar of the Philippines were prevented from assembling at the EDSA shrine. On March 8, a woman member of the House of Representatives, from a left-wing party, was arrested in Quezon City for leading a rally in commemoration of International Women's Day, which rally raised the demand for the ouster of Arroyo. A week later, a former social welfare secretary of Arroyo, who bolted her cabinet last year, was arrested for leading a small group of people strolling along the Manila baywalk garbed in shirts calling for Arroyo's resignation.

The exercise of the freedom of peaceful assembly is supposed to be guaranteed under the Bill of Rights of our Constitution. A special statute, Batas Pambansa (Public Law) No. 880, was even passed to further guarantee the freedom of peaceful assembly for redress of grievances, and prescribed the policy of 'maximum tolerance' on the part of poli! ce authorities in dealing with rallies and demonstrations. However, Arroyo changed this policy of 'maximum tolerance' to a policy of 'Calibrated Preventive Response (CPR)', which is meant to prevent the staging of anti-Arroyo rallies and demonstrations, and to immediately disperse the participants of such gatherings. Even with the lifting of PP-1017, Arroyo's standing directive to all local government officials is to deny the issuance of any permit for any public gathering which has the potential of raising anti-Arroyo issues. Police now cite a 'no-permit, no-rally' policy, breaking up any opposition rally without a mayor's permit, even in previously-designated 'freedom parks'. Worse, the law guaranteeing the freedom of assembly is now being interpreted by police authorities in order to regulate the exercise of this freedom ! Under the CPR, too, there is the now-usual recourse to calling upon military forces to assist the police in the dispersal of demonstrators.



Journalists perceived to be in opposition to Arroyo's rule are also particularly targeted, despite the lifting of PP-1017. Pressure is being exerted upon some newspapers and radio stations to dismiss anti-Arroyo commentators. Arroyo's lapdog at the Department of Justice, Secretary Raul Gonzales, is threatening to file cases against the Philippine Center for Investigative Journalism (PCIJ), a private study group of journalists, for posting on its website the 'Hello Garci' tapes. These are the recordings, made and leaked by agents of the government's National Intelligence Coordinating Agency, of Arroyo's calls to then-Commissioner Virgilio 'Garci' Garcillano of the Commission on Elections (COMELEC), during the May 2004 elections. In these tapes, Arroyo mentioned some military generals who supposedly undertook some fraudulent electoral operations in her favor.

Also caught in these 'Hello Garci' tapes is the directive of Arroyo for Garcillano to ensure that her 'lead' over another presidential candidate (front-runner Fernando Poe, Jr., a popular film star who really won the presidential election) would not be less than one million votes! These 'Hello Garci' tapes are of public interest and knowledge, having been played during several congressional hearings, and were even presented before a press conference by an Arroyo spokesman. There is therefore no reason for the PCIJ to be criminally charged for keeping these 'Hello Garci' tapes posted on its website, especially considering that the recorded conversations are official in nature, and are therefore outside of the ambit of the Anti-Wiretapping Law which specifically penalizes the wiretapping of private conversations only. Continue the Oust-Arroyo Campaign!

Given the present situation of Arroyo's general assault on our people's basic civil liberties, the Partido Komunista ng Pilipinas (PKP-1930, the Philippine Communist Party) calls on t! he Filipino people to continue the Oust-Arroyo campaign. Considering that Arroyo is now using a new campaign aimed at changing the constitution (charter change, or 'Cha-Cha') in order to divert the national attention away from the issue of her legitimacy in power, the PKP-1930 further calls upon the Filipino people to junk and frustrate Arroyo's 'Cha-Cha' campaign.

The PKP-1930 also calls upon the Philippine Senate to oppose Arroyo's Executive Order No. 464 (which prevents cabinet members and other officials of the executive branch from appearing in Congressional investigations without Arroyo's personal authorization), by pursuing investigations, and by formally filing charges ! against those involved in the following issues :

1. The electoral fraud perpetrated by former COMELEC Commissioner Virgilio Garcillano in favor of Gloria Arroyo during the May 2004 elecion, and Garcillano's escape from the Philippines at the height of the 'Hello Garci' controversy ;

2. The electoral fraud perpetrated in Mindanao and other parts of the country during the May 2004 election by military generals mentioned in the 'Hello Garci' tapes, particularly those who were thereafter promoted and placed in choice assignments by Ar! royo ; and

3. The 'Fertilizer Fund' scam, involving billions of pesos from the recovered Marcos loot which were used allegedly to procure fertilizers for farmers, but which were in fact used to bribe local officials into supporting Arroyo during the May 2004 election.

Political Bureau Partido Komunista ng Pilipinas (PKP-1930) (Philippine Communist Party) March 25, 2006