Police Violating BP 880 – Labor Lawyer

The anti-riot police who dispersed rallies on Oct. 4, 5 and 6 are violating Batas Pambansa Blg. 880, the law governing the conduct of rallies, a labor and human rights lawyer said.

BY ALEXANDER MARTIN REMOLLINO

The anti-riot police who dispersed rallies on Oct. 4, 5, and 6 are violating Batas Pambansa Blg. 880, the law governing the conduct of rallies, a labor and human rights lawyer said.

Remigio Saladero Jr. of the Pro-Labor Legal Assistance Center (PROLABOR) made this observation in the light of the violence that ensued in the dispersals of rallies held by different groups in Manila on Oct. 4, 5, and 6. The Philippine National Police (PNP)’s Western Police District (WPD) had explained the violent dispersals of protest actions conducted on the said dates on the basis of the calibrated preemptive response policy, which according to police spokespersons entails a strict implementation of BP 880.

The law was actually signed by the late dictator Ferdinand Marcos during martial law. It says that a rally should ask for a permit from local officials. In the absence of any action in two days, the rally is deemed allowed.

President Gloria Macapagal-Arroyo enforced Sept. 22 the calibrated preemptive response policy, which entails a strict implementation of the no-permit-no-rally policy.

The policy was enforced amid an escalation of rallies calling for her removal from office. Arroyo has long been facing calls for her exit from Malacañang because of government’s imposition of what cause-oriented groups describe as “anti-national and anti-people” policies. Opposition to her administration intensified earlier this year over renewed allegations that she cheated her way to victory in the 2004 elections.

Since the enforcement of the calibrated preemptive response policy, protest actions have been marred by violence arising from dispersals by anti-riot police. The dispersals of rallies held Oct. 4, 5 and 6 by various groups in Manila were by far the most violent.

“We are only implementing BP 880,” Supt. Danilo Abarsoza told reporters Oct 4 when asked why the protest action that day spearheaded by the Movement of Concerned Citizens for Civil Liberties (MCCCL) was forcibly dispersed.

Dispersals

The Oct. 4 “Walk for Democracy” spearheaded by the MCCCL aimed to defy the calibrated preemptive response policy. The protesters had intended to lay flowers by the statue of the late journalist and civil libertarian Joaquin “Chino” Roces along Mendiola Street, which leads to the Malacañang Palace.

The demonstrators, who had assembled in front of the United Church of Manila at the corner of C.M. Recto Avenue and Lepanto Street, were blocked by police before they could even get past the San Sebastian College, which stands beside the assembly point. Anti-riot police then started hitting the protesters, whose frontliners fought back.

During the commotion, a group of protesters managed to slip through and run to Mendiola. The anti-riot police followed minutes later, allowing the group left at Recto to follow their fellow demonstrators to Mendiola.

The 150-strong rallyists, who included MCCCL convenors Renato Constantino Jr. and Amado Gat. Inciong, were able to start a program at Mendiola.

Just as Fr. Joe Dizon of Kairos Philippines was reading the MCCCL unity statement, a “One step forward” command was heard from the ranks of the anti-riot police, who had massed up less than a foot away from the rally’s frontline. They started pushing people and seizing streamers, driving protesters to fight back. The anti-riot police then began to beat protesters with truncheons, seizing and dragging several of them.

Scores of protesters were hurt in the dispersal, among them Bayan Muna (People First) Rep. Satur Ocampo whose shirt was torn from behind. Police were able to seize him, as well as Constantino and Aglipayan priest Dionito Cabillas of the Inter-Faith Movement for Truth, Justice and Genuine Change (IFM), but they all fought back and were able to break free.

Arrested were Eduardo Berba, a member of Anakpawis (toiling masses) Party-List; Max Santiago, a member of the artists’ group Ugatlahi; Carla Padilla, a staff member of the human rights group Karapatan (Alliance for the Advancement of People’s Rights); Joanne Salvador of GABRIELA Youth; Fr. Tony Bayod of the Sacred Heart Missionaries; Paolo Alfonso, University of the Philippines (UP) student council official; Dr. Giovanni Tapang, chairperson of the scientists’ group Agham (Association of Science and Technology Advocates for the People); Emmi de Jesus, GABRIELA secretary-general; and Cristina Palabay, Gabriela Women’s Party (GWP) secretary-general. They were released after negotiations that lasted for hours.

Santiago was the worst victim of the Oct. 4 dispersal. He appeared before media at the Ospital ng Maynila (Manila Hospital) with bruises on his face and a cut on his right cheek – which were absent before he was hauled into a police car.

The next day, a rally held by groups belonging to the Laban ng Masa (The Masses’ Fight) was also forcibly dispersed. Two of the group’s leaders, Wilson Fortaleza and Rasti Delizo, as well as 12 others were dragged by police and taken to the PNP’s Camp Bagong Diwa in Taguig, Metro Manila. As of Oct. 7 they were still in detention.

On Oct. 7, about 700 rallyists from groups belonging to the Bagong Alyansang Makabayan (Bayan or new patriotic alliance) and the MCCCL were blocked by police in front of the University of Santo Tomas (UST) along España Street, where they had assembled. The frontliners – who included three lawyers from the Integrated Bar of the Philippines (IBP) – negotiated with the police in an attempt to convince them to allow the protesters to get to Mendiola.

During the negotiation, a number of activists slipped past police lines and the protesters were able to run to the corner of España and Nicanor Reyes Streets, where another group of anti-riot police were blocking the way. A brief scuffle ensued before they were allowed to proceed to front of the Far Eastern University (FEU) along Nicanor Reyes Street, where they held a program for the rest of the afternoon.

Meanwhile, as most of the demonstrators were assembled at the corner of España and Nicanor Reyes Streets, a smaller group – belonging to the National Capital Region (NCR) chapter of Bayan – had assembled at nearby Lepanto Street, where they were told to disperse within five minutes.

In an interview with Bulatlat, Bayan-NCR secretary-general Froyel Yaneza said that just as their group was peacefully dispersing, the anti-riot police behind started seizing the leaders, himself included. A fight ensued and he together with two others identified as Fajimah Tajar and John Golod – were arrested.

Yaneza further said that when the police got hold of him, he was repeatedly beaten, and as a result he suffered a forehead wound that required three stitches. He lost his shirt and his glasses in the commotion, he said. He was dragged into a police car, where he said a policeman punched him in the stomach.

Tajar, meanwhile, said the policemen who seized her even tried to strip her, and only pleas from her prevented this.

“The three were injured because they fought the police,” said Supt. Arturo Paglinawan, commanding officer of the Western Police District’s (WPD) General Assignment Division, in an interview with Bulatlat. He also said they intended to charge the three with assault upon an agent of a person in authority.

The three were released after a few hours of negotiation.

Violating BP 880

“In the first place, the police have no business being where the rally is,” said Saladero, who negotiated for the Bayan-NCR activists arrested on Oct. 6, in a brief interview with Bulatlat.

“Law enforcement agencies shall not interfere with the holding of a public assembly,” states Section 9 of BP 880. “However, to adequately ensure public safety, a law enforcement contingent under the command of a responsible police officer may be detailed and stationed in a place at least one hundred (100) meters away from the area of activity ready to maintain peace and order at all times.”

Asked what should be done to stop the spate of violent dispersals of rallies, Paglinawan said: “They should stop rallying without permit.”

According to Bayan secretary-general Renato Reyes Jr., they had applied for a permit for the Oct. 6 rally more than two days before the date of the action. Under Batas Pambansa Blg. 880, an application for a permit to rally is considered approved if not acted upon within two days after it is filed.

“They are violating their own law,” Saladero said.

Meanwhile, the dispersals of the rallies on Oct. 4 and 5 were met with indignant reactions from various sectors, from human rights and church groups to the IBP. It was precisely in protest of the Oct. 4 and 5 dispersals that the IBP sent its own contingent to join the Oct. 6 rally. With a report by Dabet Castañeda (Bulatlat.com)

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