Regional Trainers Training Session - Visayas...3 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City Preliminaries The Opening Prayer, National Anthem

Community-based Dialogue Sessions on Human Rights

Promotion and Protection

A joint collaboration between the Commission on Human Rights of the Philippines (CHRP), the

Armed Forces of the Philippines (through the Human Rights Office), the Philippine National Police

(through the Human Rights Affairs Office), the Philippine Alliance of Human Rights Advocates

(PAHRA), the Ninoy and Cory Aquino Foundation (NCAF), the Alternative Law Groups Inc (ALG)

and the Hanns Seidel Foundation of Germany (HSF)

March 2015

Regional Trainers Training

Session - Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City

2 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City

Table of Contents

Preliminaries ........................................................................................................................................... 3

Session 1: Popular Education - by Atty. Marlon Manuel (ALG) .............................................................. 4

Session 2: Overview of the Human Rights Training Program – by Atty. Marlon Manuel (ALG) ............. 6

Session 3: Training Proper (Condensed Training) ................................................................................... 7

Session 3.1: Basic Concepts & Principles of Human Rights – By Atty. Myrfi Gonzales (HRU) ............ 7

Session 3.2: Local Human Rights Situationer – by Atty. Tonet Ramos (ALG)...................................... 9

Session 3.3: “IPSP” Bayanihan – by Maj. Ed Esquivias (AFP HRO) .................................................... 12

Session 3.4: Human Rights-Based Policing – by PCI Emmanuel Enriquez (PNP HRAO) .................... 12

Session 3.5: Human Rights Defenders – by Atty. Tonet Ramos (ALG) .............................................. 13

Session 3.6: Search & Seizure, Arrest, and Detention with Custodial Investigation – by PSI Gerard

Ace Pelare (PNP Region VII) .............................................................................................................. 14

Session 3.7: International Humanitarian Law and RA 9851– by Maj. Ed Esquivias (AFP HRO) ........ 18

Session 3.8: Anti-Torture Act – by Maj. Ed Esquivias (AFP HRO) ...................................................... 24

Session 3.9: Anti-Enforced Disappearance Law – by Maj. Ed Esquivias (AFP HRO) .......................... 26

Session 3.10: Administrative Remedies in the AFP – by Maj. Ed Esquivias (AFP HRO) .................... 27

Session 3.11: Administrative Remedies in the PNP – by PCI Juan Alberto (PNP Region VII) ............ 29

Session 3.12: National and International Remedies – by Mr. Leo Satana (CHR, Region VI) ............. 31

Session 3.13: Judicial and Other Remedies – by Atty. Marlon Manuel (ALG) .................................. 35

Session 4: Review of the Human Rights Training Program ................................................................... 36

Session 5: Demo Teaching – by the Regional Groups ........................................................................... 41

Session 1: Basic Concepts and Principles on Human Rights – by Region VII .................................... 41

Session 3.1: “IPSP” Bayanihan – by Region VIII ................................................................................ 42

Session 3.2: Human Rights-Based Policing – by Region VI ................................................................ 44

Session 4.2: Arrest – by Region VII .................................................................................................... 45

Session 6: Planning – per Regional Teams ............................................................................................ 49

Closing Program .................................................................................................................................... 51

3 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City

Preliminaries

The Opening Prayer, National Anthem and Overview of the

Community-based Dialogue Session on Human Rights

Promotion and Protection Project

(ALG). Note: the Project Overview is attached as Appendix

After the brief Welcome Remarks given by Atty.

he also facilitated the first activity, entitled:

Cut-out papers with a word

to all the participants.

The participants were asked

statement. Marlon said that e

Each group was asked to discuss th

discussion.

Reporting:

Statement 1: Learners themselves are the richest

resource for learning.

o There will be no genius without a teacher

we acquire learning from other people

(source: Socrates).

o Learning is not inborn

o It is a continuing process.

o You cannot teach what you do not know. You cannot give what you do not

There are people who

o We should learn from the right persons

to be the right person or authority/expert on the topic. We just

anyone will say. We also have to check its

learned).

o Nobody can monopolize knowledge.

Statement 2: There is strength in learning together

o There is strength in working together

strengths.

o We use a multi-stakeholder approach,

our CBDs (Community

where we would like to incre

awareness, and if we

this will lead to community empowerment

o The project partners (AFP, PNP, CHR, CSOs)

each have their specialties

contribute to increase stakeholder’s

knowledge and skills (eg

Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City

Opening Prayer, National Anthem and Overview of the

based Dialogue Session on Human Rights

Project were facilitated by Rene

Note: the Project Overview is attached as Appendix C.

given by Atty. Marlon (ALG),

, entitled: “Complete the Puzzle.”

word or phrase printed on each (like jigsaw puzzles) were distributed

were asked to look for their group mates that would complete the

. Marlon said that each group should have only 4 members.

discuss the “statement” and report in plenary the results of their

Learners themselves are the richest

There will be no genius without a teacher –

we acquire learning from other people

Learning is not inborn – it is acquired.

t is a continuing process.

cannot teach what you do not know. You cannot give what you do not

who initially share their knowledge.

We should learn from the right persons – we cannot just learn from anybody. It has

to be the right person or authority/expert on the topic. We just cannot

anyone will say. We also have to check its veracity (source should be

Nobody can monopolize knowledge.

re is strength in learning together.

There is strength in working together – we reinforce each other’s knowledge and

stakeholder approach, like

our CBDs (Community-Based Dialogues)

where we would like to increase community

ess, and if we apply our knowledge,

will lead to community empowerment.

The project partners (AFP, PNP, CHR, CSOs)

each have their specialties – but we can all

contribute to increase stakeholder’s

knowledge and skills (eg. the police are more familiar on the conduct of arrest

) were distributed

that would complete the

in plenary the results of their

cannot teach what you do not know. You cannot give what you do not have.

learn from anybody. It has

cannot believe what

source should be credible and

reinforce each other’s knowledge and

on the conduct of arrest – they


can share their knowledge with other stakeholders so they will also be familiar

the proper conduct of arrest

o Inputs will come from

sector.

Statement 3: Learning cannot be imposed

o For effective learning, we must undergo different processes (unlike in a school

where the students sit in a classroom all day and are made to memorize dates,

events and personalities). There will be different processes involved in:

training, a conducive learning environment, level of comprehension (explanations

should include clear examples that the participants can relate to), and partnership

(stakeholdership).

o Adaptation and/or application is an important aspect. The top

the participants, otherwise they

o Delivery of the topics

Statement 4: Learning relates to life

o Learning should result to the improvement of a person, sector or

o In everything we do, we learn from it

daily lives.

o The things that we learn affect

o Learning relates to our experiences

Statement 5: Learning should be an active process

o Learning means discovering and exploring

o Learning is a combination of theory and practice

o We learn from our interaction with the

community and environment

o Continuing education and learning

Statement 6: People learn best by doing

o If a person is able to accomplish something

because of what s/

self-fulfillment.

o However, some things are better learned by

NOT doing (eg. the consequences of a criminal act)

o Most of the things we learn n

Session 1: Popular Education

The session was facilitated by Atty. Marlon Manuel

to Appendix D for the presentation.

After the input, Atty. Marlon posed

education be a tool for social change?


can share their knowledge with other stakeholders so they will also be familiar

the proper conduct of arrest).

come from different project partner groups, not just from the security

ing cannot be imposed.

For effective learning, we must undergo different processes (unlike in a school


events and personalities). There will be different processes involved in:



Adaptation and/or application is an important aspect. The topics must be

the participants, otherwise they will be disinterested.

Delivery of the topics – different for students and for adult learners.

Learning relates to life.

Learning should result to the improvement of a person, sector or community

In everything we do, we learn from it – and these learnings are applicable in our

The things that we learn affect how we develop (or not develop) our lives

Learning relates to our experiences – it hones our present, and molds our

Learning should be an active process.

Learning means discovering and exploring.

Learning is a combination of theory and practice.

We learn from our interaction with the

community and environment.

Continuing education and learning.

People learn best by doing.

If a person is able to accomplish something

s/he learned, s/he will have

, some things are better learned by

. the consequences of a criminal act).

ngs we learn not by doing, but vicariously (eg. reading).

ucation - by Atty. Marlon Manuel (ALG)

d by Atty. Marlon Manuel, the National Coordinator of ALG

for the presentation.

Atty. Marlon posed a question to the participants: “How can effective Human Rights

education be a tool for social change?”

can share their knowledge with other stakeholders so they will also be familiar on

different project partner groups, not just from the security

For effective learning, we must undergo different processes (unlike in a school


events and personalities). There will be different processes involved in: education/



ics must be relevant to

community.

and these learnings are applicable in our

how we develop (or not develop) our lives.

it hones our present, and molds our future.

(ALG)

ALG – please refer

How can effective Human Rights


Comment (AFP): As part of the local context, w

should also acknowledge that you

respect it. Before going to an area, we

culture. Even we, as uniformed personnel, we also have our

thing is, you cannot just change

there are conflicts, we have to develop

Comment (CHR): I disagree that culture cannot be changed

perspective of a person. If you study sociology, the most effective way of c

is through the process of

sessions on human rights.

Atty. Marlon (ALG): If you are tea

Human Rights to the military

approach is to let them realize that

rights are actually a part of themselves

and of everyone. It should not be as if we

are talking about Human

you are the violators, and we have to teach

Rights education where the

discuss this with the NGOs or communities,

understanding of the local

their backgrounds? What are they interested to learn about? For us, we do not want a

resource person to just come in for one particular session. The resource person ideally has to

come even before the participants come. S/he has to know the background of the

participants before his/her

about. Ideally, they should know

who are the shy ones, who a

for a multi-sectoral training

understand it collectively, and we use the discussions to understand one another

deeply. This is really a unique

Rights training to be a continuation of the dialogue process

Q (AFP): For the military, sometimes, there is already a

community. How do we solve that

Atty. Marlon (ALG): Let us go back to the principles. We said that n

neutral: there always has to be an

best educator on Human R

CSOs or even from the CHR. The best educator

themselves. Similarly, the best trainer for the police are the police

can understand the context, situation and dilemmas

are all here – we want to have

security forces in the community,

we are taking, we could enhance the rel

community members and CSOs

sector, for example. When our topic is about the military,

When the topic is about the police, we have police personnel in our team. We also have the

CHR and the CSOs. And this is


As part of the local context, we should understand the local culture, but we

that you cannot easily change culture – what we can do is to

. Before going to an area, we should first study the “Do’s and Dont’s”

as uniformed personnel, we also have our own rights and culture

is, you cannot just change culture overnight. It has to be a deliberate process. And i

re are conflicts, we have to develop a collaborative solution. We should discuss it.

I disagree that culture cannot be changed. You see, it depends

f you study sociology, the most effective way of changing a culture

is through the process of education – and that’s the importance of having our education

If you are teaching

to the military, the best

s to let them realize that human

part of themselves,

It should not be as if we

uman Rights because

, and we have to teach you. So, the framework of teaching H

where the security sector is involved becomes slightly different. When you

NGOs or communities, your stress will be more on protection.

understanding of the local context is very important – who are the participants? What are

What are they interested to learn about? For us, we do not want a


ore the participants come. S/he has to know the background of the

his/her session. Also, s/he will be able to know what they want to learn

they should know who are the participants who are asking a lot of questions,

are the shy ones, who are easily bored or sleepy, etc. And that is why we are pushing

training – because we want that when we discuss Human

understand it collectively, and we use the discussions to understand one another

unique situation for a multi-sectoral group. We also want

a continuation of the dialogue process.

sometimes, there is already a bias against us by some people in the

How do we solve that problem at the grassroots community level?

Let us go back to the principles. We said that no education is

here always has to be an agenda. Our agenda is Human Rights education, and t

Rights for the military personnel is not me or anyone

CHR. The best educator for military personnel would be

he best trainer for the police are the police themselves beca

context, situation and dilemmas. And that is really the reason why you

we want to have multi-sectoral training teams. As for the bias against the

security forces in the community, we hope that because of the multi-sectoral

, we could enhance the relationship of the security sector

community members and CSOs. They will be able to see the good programs of the security

When our topic is about the military, we have soldiers in our team.


CSOs. And this is the first time that we are doing this together

should understand the local culture, but we

what we can do is to

” of a particular

rights and culture – and the

culture overnight. It has to be a deliberate process. And if

. We should discuss it.

it depends a lot on the

hanging a culture

and that’s the importance of having our education

of teaching Human

is involved becomes slightly different. When you

protection. So, again,

who are the participants? What are

What are they interested to learn about? For us, we do not want a


ore the participants come. S/he has to know the background of the

will be able to know what they want to learn

a lot of questions,

And that is why we are pushing

uman Rights, we

understand it collectively, and we use the discussions to understand one another more

want the Human

against us by some people in the

?

o education is ever

Our agenda is Human Rights education, and the

anyone from the

for military personnel would be the soldiers

selves because they

the reason why you

As for the bias against the

sectoral approach that

and the local

see the good programs of the security

we have soldiers in our team.


together as a training


team. Maybe some of you

training. For now, we want to train

we have 8 persons per region

the CSOs. Ideally, the team will

with a multi sectoral group

will also conduct this for Mindanao and Luzon, but

We will also have demo teac

want to train you to become

the training - you will be wearing

trainer. For days 2 and 3, your

for you to facilitate the train

will undergo a compressed versio

Then, for days 4 and 5, you will switch hats to be the

teaching, critiquing, and planning.

about the module or technical content

information being given. After the 2

background, objectives, methods used, you can

session guides and all the materials (video

which will help prepare you to facilitate the 3

Our dress code for the training:

the military and police for wearing their uniforms today because that is your protocol. But

starting tomorrow, you can wear casual

Session 2: Overview of the

Marlon Manuel (ALG)

Atty. Marlon (ALG) facilitated the l

which is going over the 3-day Human Rights Training

program (please refer to Appendix

participants that they will undergo a “compresse

version of the training (Days 2 and 3

Atty. Marlon mentioned that Session 6 (Panel

Discussion) would no longer be done, but would be

explained later on how they can conduct it. He added that after the 2

they will once again go over the schedule, but this time, they will discuss how

facilitate the sessions. Lastly, the participants were

Schedule for the Trainers Training activity (

on the context, orientation and on Popular Education (a session which

skills of the trainer-participants). Days 2 and 3 would be on the “compressed” version of the

Human Rights training/s that they will facilitate in the

would be on Demo Teaching, Critiquing, and P


ybe some of you already underwent our Human Rights training – but that was a

ow, we want to train and develop the training teams. That is the reason

we have 8 persons per region – 2 from the AFP, 2 from the PNP, 2 from the CHR and 2

the team will be given some time for demo teaching. You will

with a multi sectoral group in mind. This is actually the first time that we will do this, but we

will also conduct this for Mindanao and Luzon, but Visayas is the pilot training.

teaching because we don’t want you to remain as participants

come the trainers. Please remember that for the entire duration of

be wearing two “hats” (roles): one as a participant, and the other as

trainer. For days 2 and 3, your “hat” will be as participants. We feel that it would be difficult

for you to facilitate the training if you have not undergone the training yourselves

will undergo a compressed version (2 days) of the 3-day Human Rights training

5, you will switch hats to be the trainer. So you will have the

and planning. For tomorrow, use your participant’s “hat.

technical content first – just be the participant and absorb the

. After the 2-day training, then we will go back to the training

methods used, you can study the module, etc. You will be provided

the materials (videos, Powerpoint presentations, case studies, etc)

you to facilitate the 3-day Human Rights training in your areas.

ress code for the training: be as comfortable and as casual as possible. We under


starting tomorrow, you can wear casual clothes.

he Human Rights Training Program –

last session for Day 1,

day Human Rights Training

please refer to Appendix A). He informed the

that they will undergo a “compressed”

version of the training (Days 2 and 3).

ntioned that Session 6 (Panel

Discussion) would no longer be done, but would be

explained later on how they can conduct it. He added that after the 2-day “compressed” training,

they will once again go over the schedule, but this time, they will discuss how, as trainers, they

Lastly, the participants were also shown the actual 5-day Training Program/

activity (please refer to Appendix B). Basically, the first day w

and on Popular Education (a session which aims to help en

participants). Days 2 and 3 would be on the “compressed” version of the

that they will facilitate in their respective areas, and finally,

Demo Teaching, Critiquing, and Planning for the next steps.

but that was a

the reason why

CHR and 2 from

for demo teaching. You will facilitate it

This is actually the first time that we will do this, but we

.

participants. We

Please remember that for the entire duration of

participant, and the other as a

will be as participants. We feel that it would be difficult

yourselves, but you

day Human Rights training program.

trainer. So you will have the demo

hat.” Don’t think

just be the participant and absorb the

then we will go back to the training

You will be provided

owerpoint presentations, case studies, etc)

day Human Rights training in your areas.

We understand


– by Atty.

day “compressed” training,

, as trainers, they shall

day Training Program/

). Basically, the first day will be

help enhance the

participants). Days 2 and 3 would be on the “compressed” version of the 3-day

finally, Days 4 and 5


Session 3: Training Proper (Condensed Training)

Session 3.1: Basic Concepts & Principles of H

Gonzales (HRU)

The facilitator for the session was Atty. Myrfi

Gonzales, the Executive Director

Rights Unlimited (HRU), an ALG member

organization based in Cebu (please

Appendix E for the presentation).

After the short lecture, there was a video

presentation (NOTE: All videos shown during the

training are included in the Multi-Sectoral Hu

Rights Training Handbook – D

Afterwards, there was a Case Study application

workshop.

Workshop on Case Study Application

The group was divided into several

Case studies were distributed to the members of each group (one case study each)

Instructions:

o Discuss your case study with your groupmates. Share a brief synopsis of your case

study.

o From among the

case studies in

your group, find

one that

approximates a

common local

human rights

issue.

o During plenary,

share the

following:

What is the story about? Brief synopsis

What human right/s was/were involved?

What rights were involved? Were they civil, political, economic, social,

cultural?

What rights were violated?

Who were the stakeholders? What were their actions?


Session 3: Training Proper (Condensed Training)

Basic Concepts & Principles of Human Rights – By Atty. Myrfi

the session was Atty. Myrfi

, the Executive Director of Human

Rights Unlimited (HRU), an ALG member

ease refer to

After the short lecture, there was a video

shown during the

Sectoral Human

DVD format).

Afterwards, there was a Case Study application

Study Application:

divided into several sub-groups

studies were distributed to the members of each group (one case study each)

Discuss your case study with your groupmates. Share a brief synopsis of your case

What is the story about? Brief synopsis

What human right/s was/were involved?


What rights were violated?

Who were the stakeholders? What were their actions?

By Atty. Myrfi

studies were distributed to the members of each group (one case study each)

Discuss your case study with your groupmates. Share a brief synopsis of your case



Group: Rona, Lito, Lorena, Salve

Case: Violence Against Women & Children (RA 9262)

Case involves a married woman

Physically abused by husband

Employed

Infidelity

No financial support

Rights violated:

Right to dignity

Right to life

Right to health

Right to good standard of living

Stakeholders:

CHR – investigation, resolution

Philippine Information Agency (PIA)

Department of Social Welfare &

Development - referral

PNP – blotter to PNP (Women and

Children’s Protection Desk/WCPD)

Department of Health – medical certificate

Department of Justice – legal processes

Due to time limitations, there was a gallery viewing of their answers instead of reporting.

The facilitator said that during the actual 3-day Human Rights training, the participants

should present the workshop results in plenary.

The workshop outputs:

Group: Ronnan, Vincent, Ford, Jon

Case Study Chosen: ECUADOR TRADE UNION;

Enforcing Labor Standards

Rights violated:

Right to fare wage (economic right)

Right to decent working conditions (civil)

Right to health (civil)

Freedom of association (political)

Right to livelihood (economic)

Right to property (economic)

Stakeholders:

International Confederation of Free

Trade Unions

Rank and file employees

Employers

Group: Harold, Brigido, Leo, Rhojn

Case: Concept of culture: Far North and Far South

Far North: tribal war

Far South: Rido (clan wars)

HR Involved:

Right to life (civil)

Right to family (civil)

Rights of the child (civil)

Right to enjoy their properties

(economic)

Right to live in harmony (cultural)

Right to cultural preservation (cultural)

Right to vote (political)

Stakeholders and their actions

CHR, CSOs, AFP, PNP, LGU

Monitor, report, investigate, convene


Session 3.2: Local Human R

The session was facilitated by Atty.

Deputy Coordinator of ALG – pleas

F for the presentation.

The session began with a Workshop. The participants

were first grouped according to their

VI, VII, and VIII).

They were then asked to fill up the following matrix:

Human Rights (HR) Issues Reasons or Causes

What are the most common human rights issues and concerns that are happening on the ground? Do not limit to civil and political rights violations – include economic, social and cultural rights violations as well

What are the reasons or causes of these human rights violations?


Rights Situationer – by Atty. Tonet Ramos (ALG)

The session was facilitated by Atty. Tonet Ramos, the

se refer to Appendix

The session began with a Workshop. The participants

their region (Regions

to fill up the following matrix:

Reasons or Causes

Effects or Impacts

Duty Bearers and their Interventions

Claim Holders and their Interventions

What are the reasons or causes of these human rights violations?

What are the effects or impacts of these human rights violations?

Who are the duty bearers and what are their responses or interventions on these human rights issues and concerns?

Who are the claim holders and what are their responses or interventions on these human rights issues and concerns?

by Atty. Tonet Ramos (ALG)

Claim Holders and their Interventions Who are the claim holders and what are their responses or interventions on these human rights issues and concerns?


Workshop Outputs

Region VII:

HR ISSUES REASONS/CAUSES RESULTS/ IMPACTS

DUTY BEARERS & INTERVENTIONS

CLAIM HOLDERS & INTERVENTIONS

Sacada – child labor (Negros Occidental;

- Poverty - Lack of education

- Increase in crime rate - Deprivation of education

- Rescue operations (PNP, DSWD, LGU, DOLE) - Information drive (LGU, DSWD)

- Children (access to justice, education to basic services)

Displacement (Cebu)

- Urban development - Court order

- Increase in informal settlers - Deprivation of basic needs

- Provided relocation sites (LGU, DSWD, CHR)

- Displaced families (support government programs)

Trafficking of women and children

- Poverty - Illiteracy - Vulnerability

- Increase in sexually-transmitted diseases (STDs)

- Rescue operations (DOJ, PNP) - Rehabilitation (DSWD)

- Women and children (cooperate in the prosecution of traffickers)

Torture and ill treatment (Use of unnecessary force)

- Disobedience - Resistance to arrest - Malpractices

- Reduced confidence in law enforcement personnel

- Regular conduct of Human Rights trainings (CHR, PNP, AFP) - Random inspection of jail facilities (CHR)

- Victims (introduction of RA 9745 to law enforcement agencies)

Child abuse - Poor parenting - Affects child development

- Counseling (DSWD, WCCD, WCPD)

- Parents (training in proper parenting)

VAWC - Vulnerability -Conduct investigation and arrest (PNP)

Region VI:

HR ISSUES CAUSES IMPACTS DUTY BEARERS & INTERVENTIONS


Child recruitment in armed conflict

Poverty -Children in extremely difficult circumstances -Stop education as a result of poverty

-CAHRHRIL team: monitoring - AFP: Identification of child soldiers - DSWD: custody and welfare services - CHR: monitoring

-Family and children - Other families seek support from government

VAW (violence against women)

Ignorance, concept of family preservation

-Trauma -Depression -Demeaning of self-worth

-CHR: gender ombud - DSWD: welfare services - DOH: health services - LGUs: welfare programs & services - PNP: protection services - AFP: Gender and Development (GAD) program

-Women victims: report to authorities - Seek support from government and NGOs/CSOs

Business and human rights (Sicogon and Semirara cases)

Government development perspective

-Displacement -CHR: convene parties for dialogue - LGU: review of existing programs - DENR: determination of the land - DAR: CARP - PNP: maintain peace and order

-Residents/ informal settlers: organized, seek support from concerned government agencies


Region VIII:

HR ISSUES CAUSES IMPACTS DUTY BEARERS & INTERVENTIONS


WRV (Women’s Rights Violations) - 12 reported cases in 2014

-Women are already assertive - Lack of education about HR (VAWC and other related laws of both men and women) - Lack of success stories on cases against violators - Cases unresolved - Slow proceedings of the cases filed

-Increase number of cases being filed on VAWC - Increase of number of broken families - The need for enactment/ amendment of women’s rights-related policies, laws and programs

Government, CHR, PNP, DSW: -Prosecution of violators against the 12 cases reported to CHR - Education and information dissemination - Filing of cases and prosecution of violators CSOs, community: -Reporting of violations and to cooperate

Promotion, implementation of laws and protection: -Women and children and their families - Women’s groups and NGOs

CRV (Child Rights Violations)

-Poverty - Lack of education about children’s rights and other related laws - Cases unresolved - Slow proceedings of the cases filed

-Increase in the number of uneducated children - Increase in the number of crimes involving children

Government, CHR, PNP, DSWD: -Prosecution of violators against 11 cases reported to CHR - Education and information dissemination - Filing of cases and prosecution of violators CSO, community: -Reporting of violations and to cooperate on the prosecution as witnesses

Promotion, implementation of laws and protection: - Women and children and their families - Women’s groups and NGOs - Government

Enforced disappearance

-Lack of respect for Human Rights - Lack of training and education - Lack resources and government support

-Fear & decrease in trust to uniformed personnel - Efforts for maintenance of peace and the establishment of partnership between the civilian and uniformed personnel are compromised

CHR, PNP and AFP: -Continuing education and orientation for personnel and staff - Strict implementation of administrative sanctions - Institutionalizing HRO in PNP and AFP with investigative powers

- Family and victims - Financial assistance

HLP (housing, land and property rights)

-Lack of consultation and public participation in decision making processes - Discrimination - Political affiliation - Corruption

-Increase in poverty incidence - Minimal access to social benefits - Internal displacement - Increase in the incidence of illnesses

Government CHR Advisory: -Just compensation - No eviction without relocation - No discrimination - Access to government basic services - Relocation sites (particularly for victims of disaster, temporary or permanent shelter, complete with basic facilities) - Livelihood program - Access to education for children

Victims of disaster, informal settlers, communities in declared danger zones: -Establishment of People’s Organizations (POs) - Filing of petition and cases before appropriate bodies

Other violations -Violations in

- Lack of respect for Human Rights

- Increase of HR cases filed against

Government (PNP and AFP):

Civilians (accused and their families)


effecting arrest, search and seizure and the rights under custodial investigation - Violations of the rights of the prisoners or inmate for a quality basic prison facilities - Abduction of members of the AFP

- Lack of awareness, orientation and education for AFP/PNP personnel - Corruption and political intervention

Atty. Tonet closed the session by summarizing the local human rights situationer, citing th

common incidences, and the differences and commonalities across the different regions. She

mentioned that this would set the stage for the discussions

Session 3.3: “IPSP” Bayanihan

The session on Internal Peace and

Bayanihan was facilitated by Major

AFP HRO) – refer to Appendix G for the presentation

He ended the presentation by citing

of efforts in Peace and Development

and civil society.

He closed the presentation through a quote

peace! NO to armed violence! NO to armed struggle

Session 3.4: Human Rights

by PCI Emmanuel Enriquez (PNP HRAO)

The session on Human Rights-Based Policing (HRBP) was

facilitated by Police Chief Inspector Emmanuel “Eking”

Enriquez – please refer to Appendix H

He ended the presentation by citing several summaries:

on Capability and Advocacy Sect

Development Section, on Human Rights Promotion and

External Affairs Division, on the activation of Human

Rights Desks, on Institutional and Policy Development, on

Capability-Building, on prevention and control of HRVs

(Human Rights Violations), and on multi


Lack of awareness,

the PNP, AFP - Fear of and decrease of trust in uniformed personnel - Dismissal of cases against accused/violators

-Continuing education and orientation for personnel and staff - Strict implementation of administrative sanctions - Insitutionalizing HRO in PNP and AFP with investigative powers

Atty. Tonet closed the session by summarizing the local human rights situationer, citing th

differences and commonalities across the different regions. She

mentioned that this would set the stage for the discussions during the entire human rights training.

Bayanihan – by Maj. Ed Esquivias (AFP HRO)

on Internal Peace and Security Plan (“IPSP”)

acilitated by Major Ed Esquivias (Legal,

refer to Appendix G for the presentation.

He ended the presentation by citing the need for synergy

fforts in Peace and Development between the military

closed the presentation through a quote: “YES to

to armed violence! NO to armed struggle!”

Session 3.4: Human Rights-Based Policing –

by PCI Emmanuel Enriquez (PNP HRAO)

Based Policing (HRBP) was

facilitated by Police Chief Inspector Emmanuel “Eking”

please refer to Appendix H for the presentation.

He ended the presentation by citing several summaries:

on Capability and Advocacy Section, on Policy

Development Section, on Human Rights Promotion and

External Affairs Division, on the activation of Human

Rights Desks, on Institutional and Policy Development, on

Building, on prevention and control of HRVs

s), and on multi-sectoral cooperation.

Atty. Tonet closed the session by summarizing the local human rights situationer, citing the most

differences and commonalities across the different regions. She

human rights training.


Session 3.5: Human Rights Defenders – by Atty. Tonet Ramos (ALG)

The session on Human Rights Defenders (HRDs) in the Philippines was facilitated by Atty. Tonet

Ramos (ALG) – please refer to Appendix I for the presentation.

She began the session by a brainstorming activity using metacards:

Different colored metacards were given per table (yellow, green and white)

She instructed the participants to write on metacards:

o Characteristics or description of HRDs – yellow metacards

o Roles and tasks of HRDs – white metacards

o Issues and challenges faced by HRDs – green metacards

After several minutes, she asked the participants to post all their answers on the board,

arranged according to color (yellow – characteristics, white - roles, green - issues)

CHARACTERISTICS ROLES/TASKS ISSUES/CHALLENGES Helpful, patient

Knowledgeable on all aspects of HR

Brave but God-fearing

Articulate and honest

Law-abiding

Observant and vigilant

Active

Maka-Diyos (pro-God), maka-tao (pro-People), maka-kalikasan (pro-environment), maka-bansa (patriotic)

Responsible and accountable

Brave

Impartial

Respectful

Affectionate

Considerate

Service-oriented

Advocate of HR

Knowledgeable/well educated on HR

Vigilant, fair

No politics

Role model of integrity

Open-minded

Has integrity, honesty

Patient

Organized

Courageous

Inquisitive and sociable

Genuine concern for people

Integrity and probity

Servant-advocate

Selfless

Impartial

Advocate of non-violence

Conversant on basic principles of HR

Unbiased

Educator

Facilitator

Service provider

Promotion of HR

Networking with relevant NGOs, GOs on effective dissemination of HR information, programs

Able to mentor others

Conciliator between state actors and the general population

Advocate for vulnerable and marginalized sectors

Assists in investigation of HRVs

Education and information dissemination

Reporting and filing of petitions or cases

Responsible in handling sensitive HR cases

Protect and promote HR

Catalyst for change

Mediator

Promote, protect and defend HR

Internalize the true meaning of HR

Monitor observance and compliance to HR standards, treaties

Educate people

Uphold and advocate HR

Visit far-flung areas and conduct lecture/seminars

Protector, promoter of HR, vehicle of fulfillment

Educate victims of HR violations on their Human Rights

Educate the community on basic HRs

Monitor strict adherence to HR policies

Promote and protect HR

Support/No support from other HR advocates

Personal security issue – needs training

Politics & political accommodation

Culture/”nakasanayan na”

Violation of one’s HRs, how to stop these violations through education

Logistics, logistical support (sustainability)

Openness and readiness of the end users

No full support from other stakeholders

Fear of harassment/fear for their lives

Corrupt individuals, no satisfaction

Risks to life

State actors – Human Rights!, non-state actors – Alright!

How to respect and fulfill HR

Strict adherence to HR

Must be knowledgeable on HR and other laws

Must be straightforward

Know how to handle difficult situations

Legal issues (filing of case, implementation of laws, political issues, etc)

Insufficient support from proper authorities

Transparency (stereotype notion about government authorities)

Justice delayed is justice denied

Cases are filed

Other violators cannot be charged because of false identities


CHARACTERISTICS Smart, professional, just,

versatile, fair, competent

Proactive

Learned

Dignity and integrity

Dedication to duty

Well equipped on basic laws and instruments on HR (national and international)

Diplomatic

Independent

Outspoken, assertive

Positive mindset

After the participants posted their metacards, Atty. Tonet read

that since there was a time limitation, she will no longer go into clarifications and analysis of

the metacards, but she said that during the

some time for clarifications

they should still be conscious of the time).

She then proceeded with the

The last activity for this session was a

in the Multi-Sectoral Human Rights Training

Session 3.6: Search & Seizure,

Investigation – by PSI Gerard Ace Pelar

The session was facilitated by

Inspector Gerard Ace Pelare (PNP, Region VII

please refer to Appendix J for the presentation

During the presentation, with the

participants, there was a demonstration of

arrest procedures.

Question and Answer:

Q (CHR): Do we really need to bring the

warrant of arrest during the actual arrest? We have a case where a police officer was


ROLES/TASKS ISSUES/CHALLENGES Educator, enforcer, protector,

promoter

Reporting

Production and dissemination of IEC (information, education and communications) materials

Willingness to stand witness against HR violators

Seen as culprits of HRVs

Incapable of observing HR or incompetent

Security threats

Hostile areas and personalities involved

Training (technical and legal) support

Funding support

Harassment/SLAPP Lawsuit Against Public Participation) suits

Security/death threats

Viewed as NPA sympathizers; viewed as enemy by some AFP, PNP personnel

Viewed as “anti-(especially environmental workers)

Subject to HRVs themselves

Limited resources during delivery of services

Lack of information and education materials

After the participants posted their metacards, Atty. Tonet read some of them a

a time limitation, she will no longer go into clarifications and analysis of

cards, but she said that during the actual Human Rights trainings, they could

some time for clarifications and clustering the metacards which have similar thoughts

be conscious of the time).

She then proceeded with the input, referring often to the answers given in the metacards

session was a Video Showing on Human Rights Defender

toral Human Rights Training Handbook).

Search & Seizure, Arrest, and Detention with Custodial

Gerard Ace Pelare (PNP Region VII)

ated by Police Senior

(PNP, Region VII) –

please refer to Appendix J for the presentation.

with the help of some

participants, there was a demonstration of proper

Do we really need to bring the


ISSUES/CHALLENGES Seen as culprits of HRVs

Incapable of observing HR or

Hostile areas and personalities

Training (technical and legal)

Funding support

Harassment/SLAPP (Strategic Lawsuit Against Public

suits

Security/death threats

Viewed as NPA sympathizers; viewed as enemy by some AFP,

-development” environmental

Subject to HRVs themselves

Limited resources during delivery

Lack of information and education materials

them aloud. She said

a time limitation, she will no longer go into clarifications and analysis of

inings, they could spend

which have similar thoughts (but

n in the metacards.

efenders (included

with Custodial



charged with indirect contempt for not bringing the warrant of arrest during the

arrest.

A: What we at the PNP are observing is t

warrant during the arrest. I don’t know why the police o

indirect contempt. I cannot really answer that

believe that that there is no requirement for the police officers to bring with them the

warrant – provided that if the warrant is asked, it should be shown and made

soonest possible time or within reasonable time. We are not required to bring the warrant

also for practical reasons. First, there are only

copies of it. Second, once the suspect is known to the

police officers that he has a warrant, a

if he is not assigned to that particular station, can

effect the arrest, so long as the

informed that he has a warrant, and you should show

the warrant within reasonable time after the arrest.

Q (CSO): But how long is “reasonabl

Atty. Arvin (CHR): It really depends on the area,

context and circumstances. For example, in the southern part of Cebu, the police officer

knew of a suspect that has a standing warrant of arrest. And the warrant was filed at Cebu

City. So he called Cebu City to confirm that

arrest. Once, they confirmed, it, they can arrest the

suspect. So you do not have to bring the warrant with

you, but he should be able to show it in the soonest

possible time. That is allowed by law. The rules

court allow that.

Q (AFP): How long would it take for “hot pursuit”

operations to be legally binding?

A: The existing jurisprudence is 14 hours. That is my

quick answer – but then again, it depends on the local

circumstances.

Q (AFP): Should operation

you define continuity of hot pursuit?

A: What we usually do is that we create a task group

with CIDG which will focus on identification and arrest

of the suspect. It will then show that the actions of

the police are continuous: righ

there was a group created purposely to arrest the suspect, so it was a continuing effort. That

is the problem often encountered by the PNP

pursuit arrest – the limit of the law is only 14 hour

that time, especially if the case is complicated.

Atty. Arvin (CHR): 24 hours is still a reasonable period of time

Gerente.

Q (AFP): If you chanced upon a suspect that is personally kn

member of the New People’s Army, can you arrest him? Although he is just walking around


tempt for not bringing the warrant of arrest during the

What we at the PNP are observing is that it is not really required for us to bring the

warrant during the arrest. I don’t know why the police officer in your case was cited with

indirect contempt. I cannot really answer that – I have to know all the circumstances. I


provided that if the warrant is asked, it should be shown and made available in the


also for practical reasons. First, there are only a few

copies of it. Second, once the suspect is known to the

has a warrant, anybody, even

if he is not assigned to that particular station, can

effect the arrest, so long as the apprehended is

informed that he has a warrant, and you should show

the warrant within reasonable time after the arrest.

But how long is “reasonable” time?

It really depends on the area,



bu City to confirm that the suspect indeed has a standing warrant of

arrest. Once, they confirmed, it, they can arrest the

suspect. So you do not have to bring the warrant with

you, but he should be able to show it in the soonest

possible time. That is allowed by law. The rules of

How long would it take for “hot pursuit”

operations to be legally binding?

The existing jurisprudence is 14 hours. That is my

but then again, it depends on the local

Should operations be continuous? How do

of hot pursuit?

What we usually do is that we create a task group

with CIDG which will focus on identification and arrest

of the suspect. It will then show that the actions of

the police are continuous: right after the incident,


is the problem often encountered by the PNP – how to justify the time involved in hot

the limit of the law is only 14 hours, but usually in the field, we cannot beat

that time, especially if the case is complicated.

: 24 hours is still a reasonable period of time – you can cite People vs.

If you chanced upon a suspect that is personally known by your asset as being a


tempt for not bringing the warrant of arrest during the actual

us to bring the

fficer in your case was cited with

I have to know all the circumstances. I


available in the




pect indeed has a standing warrant of


how to justify the time involved in hot

s, but usually in the field, we cannot beat

you can cite People vs.

own by your asset as being a



in the marketplace and is not actually committing a crime, can we arrest him, considering

the fact that he is a rebel and rebellion is a co

Atty. Arvin (CHR): Subversion is different from rebellion, so you have to clarify that. But in a

1991 case, a suspect was attending mass, then right afterwards, he was arrested without

warrant. The arrest was bein

said that rebellion is a continuing crime, so even if you are just attending mass, you are still

engaging in rebellion, so you can

Q (AFP): Is there any differenc

without a warrant? If there is a warrant, you have to

turn him over to the police within a certain period of

time. But how about if there is no warrant, do we still

need to observe the same period

over to the police?

A: What I know is that the reglementa

filing charges) will only apply if it is a warrantless

arrest. You need to deliver that person to the proper

judicial authorities within specific periods of time,

according to his offense. For example, within 12

hours for light offenses, you have to file a case. For

heinous crimes, 36 hours is required for the police to

deliver him to the judicial authorities and file a case.

But whether it is an arrest with

suspect to the police station.

Q (AFP): What is our remedy? What if we caught a suspect in the hinter

meet the reglementary period within the required period of time to turn him over to

police? Can’t we just coordinate with the nearest barangay LGU?

Atty. Arvin (CHR): Once you arrest any person, warrantless arrest, for instance

turn him over to the police within a reasonable period of time, and reasonable time really

depends on the local circumstances. If the operation was in the hinterlands, and it is night

time already, it might be dangerous or risky for you and the sus

Or if there is a typhoon and the only bridge leading to the community

law, there is no prescribed

person to the nearest police station

real-world sense, that is usually within 3 days

can even be more than 3 days. For the period of detention in warrantless arrest, the

maximum is 36 hours. But in the Human Securities Act

3 days, but it can expand to 5 days d

approval from the CHR. You can coordinate with the barangay, but you still have to turn over

the suspect to the nearest police station.

Q (AFP): Can we use “tipped information

were tipped that there were guns in

came out negative. In the end, a case was filed against our soldiers. What is our safeguard in

using tipped information?



the fact that he is a rebel and rebellion is a continuing offense against the government?

Subversion is different from rebellion, so you have to clarify that. But in a


warrant. The arrest was being questioned whether it was unlawful or not. However, it was


engaging in rebellion, so you can still be arrested at any time.

Is there any difference in the prescriptive period for a person arrested with or

without a warrant? If there is a warrant, you have to

turn him over to the police within a certain period of

time. But how about if there is no warrant, do we still

need to observe the same period of time to turn him

the reglementary period (for

filing charges) will only apply if it is a warrantless

arrest. You need to deliver that person to the proper

judicial authorities within specific periods of time,

according to his offense. For example, within 12

hours for light offenses, you have to file a case. For

heinous crimes, 36 hours is required for the police to

deliver him to the judicial authorities and file a case.

is an arrest with warrant or a warrantless arrest, you still have to bring the

suspect to the police station.

What is our remedy? What if we caught a suspect in the hinterlands, how can we

ry period within the required period of time to turn him over to

we just coordinate with the nearest barangay LGU?

Once you arrest any person, warrantless arrest, for instance


epends on the local circumstances. If the operation was in the hinterlands, and it is night

time already, it might be dangerous or risky for you and the suspect to walk around at night

Or if there is a typhoon and the only bridge leading to the community is flooded. Under the

bed period – but the minimum standard is to bring the arrested

person to the nearest police station within a reasonable period of time. Normally, and in the

usually within 3 days – but if you have justifying circumstances, it

than 3 days. For the period of detention in warrantless arrest, the

But in the Human Securities Act under Anti-Terrorism, the law allows

3 days, but it can expand to 5 days detention without filing a case – but only


the suspect to the nearest police station.

tipped information” from any person or any source? Some sol

were tipped that there were guns in one vehicle, but during the conduct of search, they



ntinuing offense against the government?

Subversion is different from rebellion, so you have to clarify that. But in a


not. However, it was


e in the prescriptive period for a person arrested with or

or a warrantless arrest, you still have to bring the

lands, how can we

ry period within the required period of time to turn him over to the

Once you arrest any person, warrantless arrest, for instance – you have to


epends on the local circumstances. If the operation was in the hinterlands, and it is night

pect to walk around at night.

is flooded. Under the

but the minimum standard is to bring the arrested

. Normally, and in the

ut if you have justifying circumstances, it

than 3 days. For the period of detention in warrantless arrest, the

, the law allows

but only if there is an


source? Some soldiers

the conduct of search, they



A: If you are not sure, refer to the POP (Police Operational Procedures) manual. Tipped

information is provided for in the POP. Tipped information could give you an authority to

conduct a warrantless search. Tipped information is generally of use for checkpoints –

wherein if a criminal flees, the adjacent checkpoint is alerted to conduct warrantless search

on moving vehicles.

Comment (CHR): It is also safer to coordinate with the police first since law enforcement is

primarily tasked to the police. So for the military, please coordinate with the police. If the tip

was that there were guns inside a house, you can coordinate with the police. What the

police will do in this example would be to apply for a search warrant.

Q (AFP): But in the absence of the police, and the suspects might get away, what do we do?

Comment (CHR): That is a risk that you are taking – if you want to take that risk, then

sometimes, a case might be filed against you for violating certain technicalities, or for not

observing all the proper protocols. Our advice to the military is to coordinate with the police.

Comment (CHR): In another perspective, tipped information may also be subject to abuse.

Some people will provide information with personal motives. Perhaps, he may be angry with

that person, or the person may come from a rival political party, or there are property

disputes, so they will inform the police. The best thing to do is still to coordinate with the

police because they would know what to do. Without the presence of the police, my advice

is for you to wait.

Comment (CHR): That is already a Human Rights violation on the right to security. So it is

really better to first secure a search warrant (to avoid cases of HRV against you).

Atty. Arvin (CHR): Just one more point: Do not rush things – leave it to the police. If the

tipped information is coming from a reliable asset, they will bring that informant to a judge,

who will probe him, and will issue the search warrant. Otherwise, the police will conduct

surveillance based on the tipped information, and later on apply for a search warrant. I want

to thank you for your very honest admissions. Some military personnel will change their

story in their affidavit – for example, they will say that it is under “plain view” – even if they

got it inside the house. So I commend you for being honest and open, and for following the

strict procedure of the law, and being compliant with the minimum standards of Human

Rights.

Comment (AFP): In our operations in the hinterlands, what we do is to invite the barangay

officials to witness the arrest. Even if we have the warrant of arrest or search warrant, their

presence gives us some more “legitimacy.” But before we conduct a search, we thoroughly

verify the gathered information. Although we have some guidance on the proper protocols

to observe, when we conduct the actual operations on the ground, we feel that we are the

ones being chased after by the CHR, as attested to by our personal experiences – when, in

fact, we were just given clear orders to accomplish a task. So sometimes, we hold a grudge

against the CHR. Anyway, in the absence of police officers, we coordinate with the barangay

officials. We involve them and ask them to observe the actual search and arrest, even if

sometimes they are hesitant to get involved.

A: Just to give you a reality check – for the information of everyone: the PNP is way

undermanned. So it is understandable that we hear comments that the police are not there,

especially in far-flung areas. Our manpower is normally around 21-30 persons per police


station, and that includes the admin

and in small islands, there would even be less

Atty. Arvin (CHR): You bring in the barangay captain to observe the search? For searches

conducted in a house, the general rule is that there should be a search warrant. Only in

highly exceptional cases will the court allow searches with

Human Rights Violation charges against you by first securing a search warrant.

Atty. Marlon (ALG): That is an important point raised. One point that we need to emphasize

is that the search warrant and following the proper procedures is not only for the protection

of the civilians, but also for the protection of the security officers as well. That is i

to know because you will be relied upon by the police and military participants in

trainings – and not all AFP personnel will know these

the rules is for the protection of the civilians, as well as for the p

personnel. That is how important your role is during the trainings

fellow peers.

Session 3.7: International H

Esquivias (AFP HRO)

The session was facilitated by Majo

presentation.

Open Forum:

Q (AFP): What can you say about the “

persons or combatants?

A: We have to observe the principle of distinction.

already considered

combatants, but

once they do not

carry arms, they

are considered

civilians.

Comment (AFP):

On the ground,

when we know

that he has arms, even if he is not carrying them and is just farming, we already conside

to be armed because he is a sympathizer

Comment (CHR): I think that it is a very dangerous theory

sympathizer, you will then consider him

Because if you consider him a combatant, then he becomes a legitimate target, and you can

therefore shoot him any time

civilian population must be protected.

protection.


station, and that includes the administration and office-based staff. But in far

and in small islands, there would even be less – around only seven or eight.

: You bring in the barangay captain to observe the search? For searches


highly exceptional cases will the court allow searches without a search warrant. So avoid

charges against you by first securing a search warrant.

: That is an important point raised. One point that we need to emphasize


of the civilians, but also for the protection of the security officers as well. That is i

because you will be relied upon by the police and military participants in

and not all AFP personnel will know these needed information. Compliance with

the rules is for the protection of the civilians, as well as for the protection of the security

personnel. That is how important your role is during the trainings - as peers to help your

Humanitarian Law and RA 9851– by Maj.

The session was facilitated by Major Ed Esquivias (AFP HRO) – please refer to Appendix K for his

What can you say about the “farmers by day, rebels by night?” Are they

We have to observe the principle of distinction. Once they are bearing arms, they are

that he has arms, even if he is not carrying them and is just farming, we already conside

d because he is a sympathizer of a rebel group.

think that it is a very dangerous theory – that being a farmer cum rebel

you will then consider him to be a combatant, even if he is not carrying arms

you consider him a combatant, then he becomes a legitimate target, and you can

any time. For the ICRC (International Committee of the Red Cross),

civilian population must be protected. But the moment he carries arms, then he lose

based staff. But in far-flung areas

: You bring in the barangay captain to observe the search? For searches


out a search warrant. So avoid

charges against you by first securing a search warrant.

: That is an important point raised. One point that we need to emphasize


of the civilians, but also for the protection of the security officers as well. That is important

because you will be relied upon by the police and military participants in your

ompliance with

rotection of the security

as peers to help your

Maj. Ed

please refer to Appendix K for his

re they protected

Once they are bearing arms, they are

that he has arms, even if he is not carrying them and is just farming, we already consider him

being a farmer cum rebel

not carrying arms.

you consider him a combatant, then he becomes a legitimate target, and you can

For the ICRC (International Committee of the Red Cross), the

But the moment he carries arms, then he loses his


Comment (AFP): In our ROE (Rules of Engagement), even if he is armed and is a rebel, or is a

sympathizer, but if he does not have any arms, then he is still considered a civilian. It is only

once he takes up arms that he is considered a legitimate target. If he has no firearms, we

cannot target him. That is in our ROE and is being observed. However, in the level of the AFP

on the ground, there is no clear distinction for the “farmer by day” and “rebel by night.”

A: As far as I know, there is no clear-cut policy on that. You see, there are 2 major schools of

thought regarding this. One thing is clear: if they have arms, they are combatants, and if not,

they are civilians. But let us stretch it further – if they are farmers by day, but by night, they

become armed rebels who engage in ambush operations, for example - at what point does

he become a combatant? One school of thought is that he becomes a combatant the

moment he picks up his arms and plans for the ambush operations, but if he has no arms, he

is a civilian. But another school of thought is that as long as he is helping in the armed

conflict (such as providing information to the tactical advantage of the rebel movement),

then he is already considered as directly participating in the armed conflict.

Q (AFP): What official view do we carry? What is the official policy?

A: There is no clear-cut policy on this. That is why there are 2 major interpretations.

Comment (AFP): Based on our practical experience out in the field, once a person takes up

arms, then even if he is just farming by day, but he has guns, then we consider him as a

combatant already.

Comment (CHR): We might confuse rebellion as a crime, and being a rebel wherein we are

going to arrest that person, or, following the principle of armed conflict, we will even shoot

that person. In the IHL, we even consider the hors de combat – meaning, even if he is a

combatant, but if he is no longer capable of fighting anymore, then we should distinguish

these people and not shoot at them.

A: OK. All of you are correct. But just to be clear, we will put things in the proper

perspective. It is good that we are talking about this now, because those questions will

surely arise in the trainings you will facilitate and cascade in the areas. I heard the words

sympathizer, the hors de combat, and we have a gray area for the so-called “farmers by day,

rebels by night.” So let us go back to the ICRC concept. From the moment that he took up

arms, then he is a combatant, but when he went home and is simply farming, then he is a

civilian. For sympathizers, when you give food to the rebel groups who come to your village,

are you automatically a sympathizer? Not necessarily. Sometimes, the people in the

hinterlands do not have much of a choice. A lot of times, they are relatives, so he gives them

food even if he does not believe in their cause. But if he sympathizes with their cause, then

we have to discern in what way he is directly participating in the conflict. If you assist them

in committing a crime or is in furtherance of rebellion, you are now directly participating in

the conflict. Did you see the movie Black Hawk Down? We have a movie clip of that in your

DVD. There was a child who called up a rebel using the cell phone – he alerted the Somalian

rebels that there were some Americans going in their direction. That can be considered as

directly participating in the conflict, even if he doesn’t have any arms. For the Americans,

that child becomes a target because he compromises their operations. The AFP plans to

make an IHL doctrine together with the ICRC – but it’s still in the works. We want to make

this document in order to avoid such gray areas. It will answer definitively what we mean by

“directly participating in the conflict.” There are many cases wherein some NPA (New


People’s Army) members come to your hut, and you have to feed them. But just because

you fed them does not automatically mean that you are already directly participating in the

armed struggle. There must be other evidences to prove your direct participation to the

conflict.

Q (AFP): Mosques cannot be attacked. But what if they make a mosque as their command

post and they are planning and conducting their operations from the mosque? What if they

use the mosque to harbor the rebels? Would it still be protected?

A: Then that mosque loses its civilian character and becomes a legitimate military target-

because they are now using it for purposes of war, and not for religious purposes.

Q (PNP): In the presentation, what does the term “No quarter will be given?”

A: That means they will keep no survivors, or that they will kill everyone – men, women,

children, elderly, etc.

Q (CHR): This law was passed in 2009. Have there been any prosecutions from IHL violations

already?

A: As far as I know, Mr. Nur Misuari, a Moro revolutionary, has been charged with a case of

violation of RA 9851. For the military or police personnel, I haven’t encountered a case yet.

Q (AFP): If the violator commits treacherous acts, like one group would use of the flag of

truce, and if the other group thinks that they will surrender, they then commit treacherous

acts, like shooting at the other group members, how will these violators be prosecuted?

A: That will be considered as perfidy because they used the flag of truce treacherously. The

question is how can you prove that? The military should report that, but it should be

corroborated by other witnesses and evidences. In the end, it will boil down to a matter of

evidence whether a perfidious act was committed or not.

Q (AFP): But how will the evidence come out? There are very few people out there in the

hinterlands. Probably, only those directly involved are the only people out there – so will it

be largely a matter of “their word against mine?”

A: It will really boil down to who has the most evidence. You see, this is still a very new law,

and it has not yet been tried. I know of only one case filed – Mr. Nur Misuari’s – so that will

be the test case. But I know judges are now being trained by the ICRC on IHL, including the

prosecutors/fiscals. For the CHR, you may have heard of the Administrative Order 35

mechanism. There was a seminar-training last year for the CHR, PNP, NBI (National Bureau

of Investigation) and DOJ (Department of Justice) prosecutors regarding the AO 35

mechanism to address extra-judicial killings, enforced disappearance, torture, and other

grave violations, including IHL violations.

Q (AFP): Why is it that when uniformed personnel commit violations, the CHR is very quick

to react and condemn us, while if the CPP (Communist Party of the Philippines), NPA (New

People’s Army) and NDF (National Democratic Front) commit IHL violations, like the use of

control-detonated IED (improvised explosive device), there is very little reaction from the

government? Will they just condemn, and then not do anything? What should we do?

A: That is the challenge for us now. There are still a lot of people who do not know about

this law, even if it was enacted in 2009. So there are a lot of trainings to make it known right

now. There is also a MOA (Memorandum of Agreement) between the CHR and the DOJ for

capacity-building and information dissemination about this.


Q (AFP): The NPA uses aliases

how can we file a case against them if they are using fictitious names

A: Under the AO 35 mechanism,

can file them at the fiscal’s office

– he will direct the

police and the NBI to

conduct an investi-

gation. If a person is

using an alias, that alias

will appear in the case,

eg. a case versus Mr.

Juan de la Cruz, alias

Kumander Juan.

Q (AFP): I will just share with you our predicament

or illegal. However, if we do not follow orders,

the best advice for the troops on the ground?

officers.

A: When the AFP came out with the

officer and personnel. We abide by

things happen, the officers

rule of law. We also sugges

will have some evidence in your favor.

Q (AFP): We all know the rebel groups MILF (Moro Islamic Liberation Front), MNLF (Moro

National Liberation Front), and the

People’s Army). What about the Abu Sayyaf Group (ASG) and the BIFF (Bangsamoro Islamic

Freedom Fighters)? Are they

A: The ASG is a criminal group. It is simply a bandit group that engages in kidnapping and

extortion. So they are not in the same level as the MILF and MNLF and

BIFF, there are no official pronouncements on them yet.

have a command structure

a leader – Umbra Kato). Second, they must have an area under their

MNLF and CPP-NPA have them, so they are considered rebel groups. But the BIFF

have them – so my personal

level as the MNLF, MILF and CPP

them from the government

Q (CSO): Are the NPAs tagged as a terrorist group

A: It was not the Philippine

government which did that.

purposes of American law

transfers, etc. The IHL violations that they commit include hostage taking, use of IEDs,

burning of equipment and civilian objects, attac

violations are committed, then let us not close our eyes and be blind to that. We should

bring to justice those who are culpable for them.

accountable for them. But it


aliases, not their real names. If we see war crimes that they commit

how can we file a case against them if they are using fictitious names or aliases

Under the AO 35 mechanism, and the AFP is part of that, if there are IHL violations,

the fiscal’s office, and the fiscal is the head of the special investigation team

: I will just share with you our predicament – we know that some orders are unlawful

if we do not follow orders, we will face the ire of our officers. So what is

for the troops on the ground? We are fearful not to follow the

me out with the “IPSP” Bayanihan, it was for the observance of

We abide by Human Rights, IHL and the rule of law. So when these

should be reminded of our observance of Human Rights, IHL and

We also suggest that you document everything, so that if charges are filed, you

will have some evidence in your favor.

We all know the rebel groups MILF (Moro Islamic Liberation Front), MNLF (Moro

National Liberation Front), and the CPP-NPA (Communist Party of the Philippines


Are they also considered as rebel groups?

The ASG is a criminal group. It is simply a bandit group that engages in kidnapping and

extortion. So they are not in the same level as the MILF and MNLF and CPP

icial pronouncements on them yet. For IHL to apply, the group should

have a command structure – and it appears that they have a command structure

Second, they must have an area under their “control.

NPA have them, so they are considered rebel groups. But the BIFF

personal opinion is that they do not qualify as a rebel group

level as the MNLF, MILF and CPP-NPA. But let us wait for the official pronouncements

them from the government.

Are the NPAs tagged as a terrorist group?

It was not the Philippine government who called them a terrorist group. It was the US

did that. The NPA was included in a list of terrorist groups worldwide for

purposes of American law to prosecute them for terrorism. They were even after fund

The IHL violations that they commit include hostage taking, use of IEDs,

burning of equipment and civilian objects, attacks on civilians, kangaroo courts,


bring to justice those who are culpable for them. If the AFP committed them, then we will be

accountable for them. But it should also be the same for the rebel groups.

that they commit,

or aliases?

and the AFP is part of that, if there are IHL violations, they

investigation team

we know that some orders are unlawful

of our officers. So what is

the orders of our

the observance of every

So when these

should be reminded of our observance of Human Rights, IHL and

t that you document everything, so that if charges are filed, you

We all know the rebel groups MILF (Moro Islamic Liberation Front), MNLF (Moro

Communist Party of the Philippines-New


The ASG is a criminal group. It is simply a bandit group that engages in kidnapping and

CPP-NPA. For the

or IHL to apply, the group should

t appears that they have a command structure (they have

control.” The MILF,

NPA have them, so they are considered rebel groups. But the BIFF does not

they do not qualify as a rebel group in the same

pronouncements on

who called them a terrorist group. It was the US

of terrorist groups worldwide for

They were even after fund

The IHL violations that they commit include hostage taking, use of IEDs,

kangaroo courts, etc. If IHL


If the AFP committed them, then we will be


A: I would just like to add something on red tagging or red baiting. If you remember the

inputs on Human Rights Defenders – if one walks like a duck, and quacks like a duck, then it

is a duck. That is not necessarily so. We don’t have a crime of red tagging or red labeling, but

a policy is now being crafted in the AFP which prohibits military personnel from tagging or

labeling someone as a communist. Under Philippine law, communism is not a crime. And

with the repeal of the Anti-Subversion Law (RA 1700), being a member of the Communist

Party of the Philippines (CPP) does not make you a criminal.

Comment (CHR): I would like to offer some information because some military personnel in

the field do not know about this. We have the CARHRIHL (Comprehensive Agreement on

Respect for Human Rights and International Humanitarian Law), and the NPA is a party

signatory to that agreement. In Region 6, there was a booby trap placed in a populated area.

So we filed a case of IHL violation against the NPA, and at the same time, a case of violation

of the CARHRIHL because they are a party to that agreement, just like the NDF (National

Democratic Front), CPP (Communist Party of the Philippines) and RPA/ABB (Revolutionary

People’s Army/Alex Bongcayao Brigade). It was surprising for us that some members of the

AFP in the field do not know about CARHRIHL, so we should help disseminate information

about this.

A: Thank you very much for bringing that up. The CARHRIHL is not a treaty – it is an

agreement and monitoring mechanism on the observance of human rights and IHL. It has a

joint monitoring committee which includes the OPAPP (Office of the Presidential Adviser on

the Peace Process) and the NDF. However, the joint monitoring committee has not been

able to meet recently because the peace talks have bogged down. When the OPAPP receives

reports or complaints, it refers them to the DOJ for filing of cases. Yes, that is right, some

AFP members do not know about CARHRIHL. But sometimes, they file a complaint with the

CARHRIHL, but they forget to file the complaint with the CHR and the DOJ, or even the

police.

Before the break, there was a video showing on IHL. Afterwards, there was a case study on IHL.

Case study on IHL:

Having fallen victim to an ambush in which several of their comrades were killed, an army platoon is

currently in hot pursuit of several rebels late at night. The rebels have scattered, and the platoon

pursues a certain rebel whom they believe to be the commander. The rebel commander runs into

what appears to be a civilian village and into a

darkened hut.

The platoon proceeds cautiously, but when a

burst of gunfire comes from the general

direction of the hut, they return fire despite not

seeing their target, with over a dozen assault

rifles raining bullets on the hut.

After a few minutes, the army platoon

inspected the hut and did not find the rebel


commander anywhere. What they found was a family of three civilians (a mother, with her two sons,

aged 4 and 2), who had apparently been asleep, and is now dead.

The military unit, charged with murder which resulted in the death of three civilians, claim, as their

defense, that they were caught in a legitimate encounter and responded accordingly. They also

claimed that the hut ceased to be a “civilian object” and became a legitimate object of attack when

the rebel commander entered it.

GUIDE QUESTIONS:

1. Did the hut with civilians lose its civilian character?

2. Did the military unit exercise the appropriate amount of caution before attacking the hut

after a burst of gunfire came from the general direction of the hut?

3. Was the military unit correct to claim as their defense that they were caught in a legitimate

encounter and responded accordingly?

4. Is this a case of extrajudicial killing or an IHL violation?

Some time was given for the groups to discuss the case study and come up with their answers.

Afterwards, they went over the questions in plenary.

Question 1. Did the hut lose its civilian character?

It was a darkened hut

There was a burst of gunfire from the general direction of the hut

They fired at the hut. Take note that it was night time

They opened fire

Are they right or wrong? WRONG – they did not exercise the principle of precaution, and the

principle of distinction – they should distinguish if the people in the hut were combatants or

non-combatants. They should first establish if the gunfire really came from the hut.

Question 2. Did the military unit exercise the appropriate amount of caution before attacking the hut

after a burst of gunfire came from the general direction of the hut?

It appears they did not exercise the appropriate amount of caution. Whenever there are

civilians in the area, you should exercise extreme caution.

Question 3. Was the military unit correct to claim as their defense that they were caught in a

legitimate encounter and responded accordingly?

NO – they were caught in an ambush, but the hut was located far from the encounter site.

Question 4. Is this EJK or IHL?

It was committed in the nature of armed conflict, so this is an IHL violation.

Q: Would it be valid if they claim self-defense, because they were shot at?

A: It would now be a matter of evidence. So we advise people to document everything – for

all it’s worth, you may be able to use them later on as evidences in your defense.


Session 3.8: Anti-Torture Act

The session was facilitated by Maj. Ed Edquivias (AFP HRO)

presentation.

Open Forum:

Q (AFP): Do we have statistics on how many AFP

under the anti-torture law?

A: The Human Rights Office of the AFP

monitor HRV cases filed,

mechanisms. Complaints against AFP personnel

they are filed with the CHR,

anti-torture law, I do not know of a

cases filed with the AFP. But I know

that there are cases filed with the

CHR, especially with the

mechanism, the CHR and Ombudsman

are observers to that mechanism.

not have the exact number, but there

are complaints filed there against AFP

personnel who committed acts of

torture.

Q (CSO): What about the Binayug

A: It might interest you to know that w

torture, but for another crime

why, but the complainant did not file a torture case.

service. There was overwhelming evidence against him.

right? He was identified in the video as the one pulling the st

victim. Unfortunately, after a few months, the victim died

torture case. I don’t know if

mechanism is a plan to reviv

Comment (CHR): I would like to take this opportunity to share a

year, a bomb was exploded from an army vehicle

members of the Philippine Army. They were able to apprehend 2 suspects, one of wh

a child. They turned the child over to the police. When I interviewed

believed to be the one who planted the bomb, I asked him if he was physically or verbally

attacked while he was still in the custody of the Philippine Army, and I was very pleased to

hear that he was treated well. So I believe that the concept of human rights is being

institutionalized somehow in the Philippine Army.

A: Thank you very much, sir. Incidentally, the Chief of the Human Rights Office of the

Philippine Army Advocacy Division is here

you! That’s why we need you t


Torture Act – by Maj. Ed Esquivias (AFP HRO)

The session was facilitated by Maj. Ed Edquivias (AFP HRO) – please refer to Appendix L for the

Do we have statistics on how many AFP personnel have been charged formally

torture law?

ffice of the AFP was created with 3 basic functio

, and to engage with stakeholders for institutionaliz

against AFP personnel are seldom filed with the AFP

CHR, PNP, DOJ or fiscals, or the Ombudsman. So, for violati

I do not know of any

cases filed with the AFP. But I know

that there are cases filed with the

especially with the AO 35

chanism, the CHR and Ombudsman

observers to that mechanism. I do

not have the exact number, but there

d there against AFP

rsonnel who committed acts of

Binayug torture case?

It might interest you to know that what was filed against Colonel Binayug was not actually

for another crime – I think it was for extortion or something. We don’t know

why, but the complainant did not file a torture case. But still, he was dismissed from

verwhelming evidence against him. You have all seen the video clip,

He was identified in the video as the one pulling the string attached to the penis of the

Unfortunately, after a few months, the victim died, so they were not able to file a

I don’t know if a torture case was filed with the CHR, but included in

to revive the case.

: I would like to take this opportunity to share a positive comment. Last

year, a bomb was exploded from an army vehicle, and the explosion victimized some

members of the Philippine Army. They were able to apprehend 2 suspects, one of wh

a child. They turned the child over to the police. When I interviewed the child who was

be the one who planted the bomb, I asked him if he was physically or verbally



somehow in the Philippine Army.

Thank you very much, sir. Incidentally, the Chief of the Human Rights Office of the

Philippine Army Advocacy Division is here – we have Major Harold Garcia. Sir, we commend

hat’s why we need you to help us. Let us help one another.

please refer to Appendix L for the

charged formally

ons: advocacy,

takeholders for institutionalization of

AFP – normally,

for violation of the

hat was filed against Colonel Binayug was not actually

We don’t know

missed from the

You have all seen the video clip,

ring attached to the penis of the

, so they were not able to file a

ut included in the AO 35

comment. Last

he explosion victimized some

members of the Philippine Army. They were able to apprehend 2 suspects, one of which was

the child who was

be the one who planted the bomb, I asked him if he was physically or verbally



Thank you very much, sir. Incidentally, the Chief of the Human Rights Office of the

Sir, we commend


Case Study on Torture

On 21 March 2011 at 6:00 am, combined elements of 93rd IB (Infantry Brigade) while conducting

combat operations at vicinity Barangay Mataas na Kahoy, Perez, Quezon, and by virtue of a Warrant

of Arrest for Kidnapping and Serious Illegal Detention pending at RTC Branch 1 in Perez, Quezon,

arrested a certain JOHN MAGSICO, 39 yrs old. He had in his possession a Cal.45 pistol and

ammunition.

Since it was a Sunday and there was no fiscal at the Prosecutors’ Office in Lucena City, MAGSICO was

detained at the Intelligence Compound of 93rd IB in Perez Quezon. He was turned over to CAPTAIN

ROLAN JAVIER, the Headquarters Commandant.

On 24 March 2011 at 1:00pm, MAGSICO was brought for physical examination prior to presentation

to the fiscal, who determined that there was probable cause to pursue the case of illegal possession

of firearms and ammunition. The fiscal instructed that MAGSICO be brought to the court which

issued the warrant. However, since there were no more court personnel present, the suspect was

again brought to the 93rd IB Headquarters, accompanied by SERGEANTS ANVILO REYES, AUGUSTO

BATTUNG and TED PABLO.

At about 8:00pm of 24 March 2011, CAPTAIN JAVIER decided to extract other information from the

suspect. During the interrogation, CAPTAIN JAVIER ordered the sergeants to handcuff and blindfold

the suspect and submerge his head in water for 20 seconds. This was repeated five times but he was

not satisfied with the suspect’s answers.

Then CAPTAIN JAVIER ordered MAGSICO to be tied to a post. He then ordered SERGEANT PABLO to

pour gasoline from a 1.5 liter bottle of soft drink on the victim’s chest. He then began to light match

sticks about a foot away from the suspect while asking him to reveal where he was keeping his other

weapons.

At one point, (as could be expected) the fire from the ignited match stick reacted with the gasoline

causing burns on various parts of his body as well as portion of CAPTAIN JAVIER’S eyebrow and hair.

CAPTAIN JAVIER ordered SERGEANT BATTUNG to apply first aid and let MAGSICO take antibiotics.

The following day, when CAPTAIN JAVIER

informed the Commanding Officer of the 93rd IB

regarding the incident, the latter ordered

CAPTAIN JAVIER to refer the suspect to a

physician for proper treatment. However since

the 93rd IB Headquarters was served with a

Court Order ordering the Commanding Officer to

bring the suspect (MAGSICO) to the court within

one hour from receipt, on basis of a petition for a

Writ of Habeas Corpus, the Commanding Officer immediately brought the suspect before the court.

Upon investigation, SERGEANTS REYES, BATTUNG and PABLO were discharged from the military

service, while the case against CAPTAIN JAVIER is still ongoing.


Questions:

1. Is there a violation of the anti-torture law? Explain.

2. Who are/may be liable?

Q.1: Is there a violation of the anti-torture law?

Answer: YES

Q.2: Who may be liable?

Sergeants Reyes, Battung and Pablo – because they blindfolded the suspect, submerged the

victim’s head under water and poured gasoline on the victim. They were all discharged from

the service.

Captain Javier – he is liable as principal offender.

Q (CSO): Is the Commanding Officer liable also as a principal offender?

Maj. Ed (AFP HRO): In this case, he only knew about it 4 days after the incident. The

important thing is what he did once he knew about it. Once he knew about it, he ordered

the victim to be brought to a physician. However, they were ordered by the court to bring

the detainee to court within one hour from receipt of the court order, so he may not have

had any time to do anything anymore (like to conduct an investigation). So the Commanding

Officer may or may not be liable, and it will now be up to the prosecutor to determine the

liability of the Commanding Officer, but definitely, Captain Javier is liable.

Session 3.9: Anti-Enforced Disappearance Law – by Maj. Ed Esquivias (AFP

HRO)

The session was facilitated by Maj. Ed Esquivias (AFP HRO) – please refer to Appendix M for the

presentation.

Case Study on Enforced Disappearance:

On 250800H November 2014, military intelligence agents

raided a house in a certain barangay in Lahug, Cebu,

armed with a search warrant and warrants of arrest

against the Quimson spouses, known high-ranking rebel

leaders of the CPP-NPA-NDF, being the Secretary General

and Finance Officer respectively. After arresting the

spouses and confiscating the subversive documents and

other materials in the said house, the arresting team

immediately coordinated with the police authorities and was directed to proceed to a nearby camp

for processing of the suspects. The team was also advised to coordinate with higher headquarters,

so that the arrested spouses will be airlifted to Manila and detained at the PNP Custodial Center.

This is to obviate any attempt to rescue the suspects and to ensure their security and safety.


Upon learning that the Quimson spouses will be brought to the military camp due to its proximity to

the place of arrest, the Camp Commander immediately declared a “red alert” status. Upon arrival at

the said camp, mug shots and fingerprints were taken from the Quimson spouses. They were then

brought to the airport, after which they were brought to Manila and straight to the PNP Custodial

Center where they were detained.

Meanwhile, two (2) persons went to the camp and verbally inquired from the Camp Commander if

the spouses were detained therein. They were asked who they were and what was their relation to

the spouses, and were further requested to show their IDs and fill-up the prescribed form as part of

security/visitation procedures. The visitors claimed that they were relatives of the suspects but

refused to show their IDs or other forms of identification, saying it would violate their constitutional

rights. Thus, they were refused entry, even more so because the camp was on heightened alert.

An hour later, a press conference was called by a local NGO. It was learned that the two individuals

who refused to identify themselves to the camp authorities were the same persons who called the

press conference, to accuse the military of the crime of enforced disappearance. They alleged that

the military concealed the whereabouts of the couple and refused to acknowledge that the suspects

were in military custody. They further accused the military of planning to kill the Quimson spouses.

GUIDE QUESTIONS:

1. Was the NGO correct in saying that the crime of enforced disappearance was committed in

this case?

2. Did the military and the police act lawfully in arresting the suspects, processing them in a

military camp, and airlifting them to Manila?

3. Was the military correct in refusing entry to the two individuals and for refusing to entertain

their inquiry?

Maj. Ed (AFP HRO): Was the NGO correct in saying that enforced disappearance was committed? NO

– because they refused to show their IDs. They refused to cooperate and comply with the proper

procedures, so the military had no duty to inform them. The law states that relatives and friends, or

even human rights organizations can inquire on their whereabouts. Also, they can ask the military to

fill up the Certification (Inquiry into a Reported Disappeared Person’s Whereabouts) – but they have

to properly identify themselves – who they are, whom they are looking for, etc. They refused to

cooperate. If you were the camp commander and some people come to you with an inquiry, but

they refuse to identify themselves, and your camp is in Red Alert, you do not have to give them any

information. I guess we already answered questions 2 and 3 already.

Session 3.10: Administrative Remedies in the AFP – by Maj. Ed Esquivias

(AFP HRO)

The session was facilitated by Maj. Ed Esquivias (AFP HRO) – please refer to Appendix N for the

presentation.



Q (AFP): Is forum shopping still applicable to the respondents/military?

A: Forum shopping – a military personnel can also be prosecuted again under the military

justice system. The substantive law we will use is the Articles of War, and the procedural

aspect is the Manual for Courts Martial. So there

is no forum shopping because he can be filed

separate cases – criminal, administrative, and

civil case for damages. That applies to the

government.

Q (CSO): Can the CHR recommend to the AFP a

corresponding punishment or sanction to erring

military personnel?

A: I think that would be difficult. The AFP is

independent from the CHR. The AFP is not

covered by the Civil Service rules, unlike the PNP. I guess they can certainly recommend – as

a matter for consideration or for appropriate action by the AFP. If we go back to the

presentation, if a soldier has overwhelming evidence against him (enlisted personnel), he

could be dismissed or discharged from the service. When we say discharge, it may be with or

without honor (dishonorable or honorable discharge). That is provided under the military

justice system. If an officer is involved, because he was appointed by the President, he

cannot be dismissed without an administrative proceeding, unlike for the enlisted personnel.

That is why we have the Efficiency and Separation Board (ESB), and we also have the Courts

Martial. The ESB looks at the competency and efficiency of a unit that is involved. The Court

Martial is for violations of the Articles of War. Why do the enlisted personnel normally not

undergo Court Martial? Because a Court Martial is very expensive. For a Court Martial to

work, there has to be a minimum of 5 officers who will constitute the Court Martial. It is like

a jury of at least 5, and one of them has to be the JAGO (Judge Advocate General Officer)

who will act as the law member because he knows the legal procedures. If there are any

objections, he can overrule or sustain. So you have a minimum of 5 officers, then you have a

stenographer, a prosecuting team, a military defense counsel, etc. And you will have more

than one hearing: you have the arraignment, entering of plea, plea trial, presentation of

prosecution evidence, and just like a regular court, he can file a demurral of evidence, etc. So

it is really very expensive to have a Court Martial. But officers really undergo Court Martial.

Q (CHR): I believe the cases in the Court Martial ordered by the AFP are more concerned on

the administrative cases, meaning the penalties are dismissal, demotion, etc. How about if

there are situations when some victims opt to file with the Ombudsman on the

administrative aspect? Where he swore that he did not file any other cases other than that

in the Ombudsman – will the case in the AFP constitute forum shopping, and therefore

grounds for the Ombudsman to dismiss the case? Next question: should both the Court

Martial and Ombudsman cases continue independently, could there be a conflict in the

findings or penalties for the same person?


A: There is a standing MOA bet

Ombudsman and AFP with respect to the

conduct of investigation of cases and

dismissal of personnel

administrative cases which were denied in

the Ombudsman are referred to the AFP.

The Ombudsman is interested in

Those cases filed with the

continue, while for those filed with the

(under OESPA or Office of Ethical Standards

and Public Accountability

investigative agencies like the P

Martial) – they will refer the

Session 3.11: Administrative Remedies in the PNP

(PNP Region VII)

The session was facilitated by Police Chief Inspector Juan Alberto, Deputy Chief, PNP Legal Serv

Region VII – please refer to Appendix O for the presentation


Q (CHR): Just a point of

clarification. Would the

suspension that you mentioned

towards the end of your

presentation apply only to the

decision made by the police?

How about the Ombudsman?

A: Actually, if a police officer is

found culpable of any

administrative offense, either in

the Ombudsman or NAPOLCOM

(National Police Commission)

implementation. In the case of the Ombudsman, it

Chief PNP who will forward it to the region concerned

Q (CHR): If during the period of suspension, there is a pending promotion for a policeman

involved, would that promotion wait until such time as

A: There is a new law that was passed by Congress, RA 9708, which says that

member has a pending case

some guidelines clarifying the law.

against a PNP member is not

promotion. So, after the lifting of the suspension, he can be promoted

criminal case. The moment that there is a finding of probable cause,


MOA between the

mbudsman and AFP with respect to the

conduct of investigation of cases and

– where the

which were denied in

Ombudsman are referred to the AFP.

interested in graft cases.

with the Ombudsman will

those filed with the AFP

or Office of Ethical Standards

and Public Accountability and other

investigative agencies like the Provost

the graft cases to the Ombudsman. It is really more for expedienc

: Administrative Remedies in the PNP – by PCI Juan Alberto

Police Chief Inspector Juan Alberto, Deputy Chief, PNP Legal Serv

please refer to Appendix O for the presentation.

Just a point of

ould the

suspension that you mentioned

towards the end of your

apply only to the

decision made by the police?

an?

if a police officer is

found culpable of any

administrative offense, either in

the Ombudsman or NAPOLCOM

(National Police Commission), that decision will be forwarded to the Chief PNP for

In the case of the Ombudsman, it will be automatically forwarded to the

Chief PNP who will forward it to the region concerned (where the PNP member

If during the period of suspension, there is a pending promotion for a policeman

involved, would that promotion wait until such time as the suspension is lifted?

that was passed by Congress, RA 9708, which says that

a pending case, he supposedly should not be promoted. Camp Crame

clarifying the law. It states that the pendency of an administrative case

against a PNP member is not a bar for promotion – only a criminal case

fter the lifting of the suspension, he can be promoted – except if it is a

The moment that there is a finding of probable cause, the PNP membe

really more for expediency.

PCI Juan Alberto

Police Chief Inspector Juan Alberto, Deputy Chief, PNP Legal Services

, that decision will be forwarded to the Chief PNP for

will be automatically forwarded to the

member is assigned).

If during the period of suspension, there is a pending promotion for a policeman

the suspension is lifted?

that was passed by Congress, RA 9708, which says that if a PNP

Camp Crame issued

administrative case

a criminal case would bar a

except if it is a

the PNP member can no


longer be promoted. But two years after the finding of probable cause, if the case is still

unresolved, the PNP member once again becomes eligible for promotion, without prejudice

to reversion when he is found guilty of the criminal case. To add to that, although an

administrative case is not a bar for promotion, the Promotions Board can prioritize other

members who may have fewer credentials but who have no administrative case. So if there

are people up for promotion, he will become less of a priority even if he has many awards

and credentials. The Promotions Board prioritizes police personnel without any cases, and

the policeman cannot complain because promotions are at the discretion of the Promotions

Board, so it can really affect the policeman’s promotion.

Q (CHR): This is a real case: we have a Major who was promoted to Colonel. He was

suspended for 6 months wherein all his benefits were suspended. But he was later

promoted to a Colonel, even if he has 2 pending cases of RA 9262 violation and concubinage.

Can the wife question the promotion?

A: Yes, she can do that even before the issuance of the promotion. However, if 2 years have

lapsed and if it still remains unresolved, then he once again becomes eligible for promotion.

Comment (CHR): I would like to share this because this might happen to other regions also.

There was this case involving a police officer who killed someone. The family of the victim

would like to file the case before the Ombudsman, but with the PNP’s IAS (Internal Affairs

Service) motu propio jurisdiction over the case, it filed for an investigation. When the

Ombudsman learned that there was an investigation in the IAS already, they dismissed the

case (on the ground of forum shopping). On the other hand, the IAS also dismissed the case.

So the poor family of the victim failed to get justice because of these technicalities. Perhaps

it is only a matter of policy, but we really need to check how responsive the policy on motu

propio investigations are.

A: It actually also happened here in Region 7 – and it was also because of the motu propio

investigation of the IAS, without the knowledge of the complainant. But the complainant

went directly to the Ombudsman. So when the Ombudsman learned that the IAS conducted

a motu propio investigation, they dropped the case, like what happened in your case. The

IAS also dismissed the case. Anyway, my advice is to file the case once again. We have a

MOA with the Ombudsman. The Ombudsman will not just automatically entertain all

complaints against the PNP – they will also sometimes refer the complaint to PNP Region 7

for the conduct of investigations. The IAS, although it has motu propio powers to investigate,

it cannot proceed with the investigation without the cooperation of the complaining party. If

you file a case before the Ombudsman, you can file an administrative case, as well as a

criminal case.

Comment (CHR): Just a comment on jurisdiction. We have to take note that the jurisdiction

of the Ombudsman is based on the law, but the jurisdiction of the IAS comes from

administrative issuances. Although there is a MOA between the Ombudsman and the AFP,

and the Ombudsman and the PNP, Ombudsman and the DepEd (Department of Education),

etc, the Ombudsman seems to be saying that they have this jurisdiction granted to them by

law, while you have jurisdiction granted by your own regulations, and for the sake of

convenience and easier processes, we will not accept the complaints if they are already with

you. But we have one case that we know it will not be practiced if it goes to DepEd. The

DepEd has been consistent in its stand that it will take cognizance of the case. In fact, they

continued asking the complainants, the clients that we were representing, to submit the


affidavits, etc – but we were saying that it is not under their jurisdiction. We will file this with

the Ombudsman. In the meantime, we kept on badgering the Ombudsman, even up to the

Manila office, and finally, they decided to take on the case. So the case is finally in the

Ombudsman, but only after our persistent follow-ups.

A: I would also like to share this. The wife of the PNP member was the accountant of a local

Catholic school. He filed an administrative case before the Ombudsman against an officer of

the DepEd. The Ombudsman referred the complaint to the Regional Director of the DepEd. It

allowed the DepEd to conduct an investigation and submit its findings to the Ombudsman.

So now, the complainant is once again complaining – because he filed the case before the

Ombudsman, but the Ombudsman merely referred the case to the DepEd. What the DepEd

did was to call the person being complained and they got his side. For the PNP, you can file

the case before the PNP Disciplinary Authority or directly to the Ombudsman since they

have jurisdiction, especially the cases that fall under the jurisdiction of the Sandiganbayan.

But the Ombudsman can decide whether to entertain the complaint, or refer it, or consider

it as a mere request for assistance. But cases involving prominent personalities like top

government officials, they will entertain it right away, as long as there is a certification of

non-forum shopping.

Q (CHR): That case was exonerated with the Regional Director and appealed to IAS Manila.

But later on, the criminal case was also dismissed. Is it automatic to acquit the

administrative case once the criminal case is acquitted?

A: The Supreme Court has already ruled that a criminal case is entirely different from an

administrative case. Acquittal of the accused in a criminal case does not automatically result

to the exoneration of an administrative case. They are independent of one another. They

can proceed independently. So if a person was acquitted in the criminal case, he cannot use

it to move for the dismissal of the administrative case.

Session 3.12: National and International Remedies – by Mr. Leo Satana

(CHR, Region VI)

The session was facilitated by Mr. Leo Satana (Special Investigator, CHR Region VI) – please refer to

Appendix P for the presentation.


Q (AFP): We are always asked why we are not filing any complaints with the CHR. Usually, we file a

case immediately with the prosecutor’s office. The usual cases include murder, illegal possession of

firearms, etc. You mentioned that the CHR is only investigating HRVs (human rights violations), but

those violations are defined and penalized under the Revised Penal Code, so it should be filed under

the prosecutor’s office. Even if we file with the CHR, you will still refer it to the DOJ. So what should

we do – file a complaint with the prosecutor’s office, then we will also file a complaint with the CHR?


A: As I said, the CHR will determin

Human Rights, while the prosecutor

determine prima facie evidence for purposes of

determining criminal acts – so

different objectives. You can file a cr

with the prosecutor’s office, and you

another case with the CHR – for determination of

human rights violation. You see, f

data, information and statistics –

how effective statistics can be

determining the number of violations committed by

every now and then, file cases of violations committed by the

and the CHR Region VI enjoys a good harmonious relationship, so they file with us.

organizations are also filing cases against the military. So we know wh

we help the human rights victims whichever side he belongs.

NPA, or soldier, or police, or civilian

condemn anyone who is a Human

organization member or community member

near an elementary school. The military discovered that when they had an encounter

and they brought that case to the CHR

found the hole where the landmine was placed. So HRV

sorry to say this, but the left cannot violate the Anti

from now on, you can also file a case ag

Q (AFP): How transparent is the CHR

A: That’s a very difficult question to answer.

the region where I belong, I can honestly

personal observation and knowledge.

Q (AFP): I was just wondering about

know how to infiltrate organizations,

possibility that they are already present in the local

even within the government, like the Senate. Now, i

the CHR special investigators that are handling the c

belong to the left-leaning organizations? You see, in our experience,

are involved, they become “extra-

leaning organizations, the CHR does not

A: OK. I will give you a sociological explanation.

personally involved. In that sense, you feel

your organization. You know, that is good for me to hear

and as you say, we are even being “extra

pursuing the left. You don’t see that b

what we are doing. But if you ask them,

pursuing them. They will say, “why are you pursuing us? You should pursue the military!”

was a big debate before as to whether or not


I said, the CHR will determine violations of

while the prosecutor’s office will

evidence for purposes of

so they will have

. You can file a criminal case

s office, and you can also file

determination of

human rights violation. You see, for purposes of

and you know

how effective statistics can be – we are

umber of violations committed by each group. For instance, the AFP

of violations committed by the leftist organizations. The

enjoys a good harmonious relationship, so they file with us.

also filing cases against the military. So we know what is going on in the area. So

victims whichever side he belongs. We do not help you because you are

an – we help you because you are a Human Rights victim. And we

uman Rights violator – whether you are a soldier, police,

r community member. You heard about the land mine planted

elementary school. The military discovered that when they had an encounter

case to the CHR. So we walked eight hours to get to the area, and

found the hole where the landmine was placed. So HRV and IHL violations, we investigate them.

sorry to say this, but the left cannot violate the Anti-Torture Act, but they can violate the IHL Law.

file a case against non-state actors in the CHR.

How transparent is the CHR?

That’s a very difficult question to answer. We are a national organization, but at least on behalf of

honestly say that we are very open and transparent.

personal observation and knowledge.

was just wondering about transparency. In the doctrine of left-leaning organizations, they

organizations, like the ICRC, and even the CHR. We cannot discount th

that they are already present in the local organizations, in the local government units,

, like the Senate. Now, is there any way to find out the backgrounds of

that are handling the cases involving the military – particularly

leaning organizations? You see, in our experience, whenever uniformed personnel

-active” in pursuing the cases. However, on cases involving left

CHR does not even publicly denounce them.

I will give you a sociological explanation. That is your perception because you are directly

volved. In that sense, you feel that we at the CHR hold a personal grudge again

that is good for me to hear, because that means the CHR

are even being “extra-active.” But what you do not see is that the CHR is also

. You don’t see that because you are not directly affected, and you do not know

But if you ask them, they will also tell you that we are being “extra

They will say, “why are you pursuing us? You should pursue the military!”

was a big debate before as to whether or not Human Rights Violations can be committed by non

AFP Region 6 will,

The AFP Region 6

enjoys a good harmonious relationship, so they file with us. But the leftist

in the area. So

do not help you because you are an

ights victim. And we

you are a soldier, police, a left leaning

land mine planted in an area

elementary school. The military discovered that when they had an encounter in the area –

and indeed, we

, we investigate them. I am

Torture Act, but they can violate the IHL Law. So

t least on behalf of

rent. That is my

organizations, they

. We cannot discount the

in the local government units, and

the backgrounds of

particularly if they

uniformed personnel

However, on cases involving left

That is your perception because you are directly and

we at the CHR hold a personal grudge against you or

s the CHR is working -

ee is that the CHR is also

, and you do not know

tell you that we are being “extra-active” in

They will say, “why are you pursuing us? You should pursue the military!” – there

committed by non-


state actors. In the perspective of some groups, human rights violations can only be committed by

government or state actors, while the non-state actors can only commit crimes. But now it has

changed because of the IHL law, which now recognizes that even the left or non-state actors can

commit Human Rights violations. So we are pursuing violators, regardless of which sector they come

from, so you can actually file a case against non-state actors with the CHR. Anyway, that is now

perhaps the explanation why you felt that way.

Q (AFP): Sir, I am simply being honest – because all the officers will tell you that they all feel the

same way.

A: So we are really trying to change that perception, even little by little. When you mention “CHR,”

what comes into the minds of many security personnel are not actually the CHR, but other Human

Rights groups – because we have so many Human Rights groups, and there are many different

persuasions, strategies and methods. I would just like to say that the way you view the CHR should

not be colored with the other different perspectives.

Q (AFP): But how can we be sure? How can we identify if they have a left-leaning background?

A: For personnel of the CHR? I don’t know how your intelligence works, but we are a government

office, and therefore we are governed by the CSC (Civil Service Commission) rules, and the

government qualification standards. But at the same time, we are also fighters of Human Rights and

we are fighting for the life, dignity, and self development of every individual. But if we ourselves are

not “walking our talk,” then we lose our integrity. As Human Rights workers, you must stand with

dignity, courage and integrity. So if we fight for the rights of children, our very own children must

first be nurtured, and if we fight for the rights of women, our own women and wives and children

must first be loved and respected. We stand for human rights and against violators whoever they

may be. We cannot say that we are perfect because there is no perfect organization – but we can all

work for perfection. We can accept our imperfections and work towards achieving perfection.

Q (AFP): If you don’t mind, sir - can you give us the statistics of how many cases of HRVs were filed

against the military, and also against the non-state actors? Maybe that would help explain our

misconception because we think that there are much more complaints filed against the military.

A: I cannot give you the exact numbers right now because I do not have the records with me. But

what I remember is that when I was still new in the CHR, almost all HRV cases I investigated were

committed by the military and police. Eventually, things changed, and until such time that we take

cognizance of the violations committed by the left or non-state actors, there are already some

changes being implemented. In 2014, I received 2 cases involving the military in Region 6: one of

them committed a violation against his wife, and the other case was a misunderstanding between

the military and the rallyists – the rallyists said that the military was an “infiltrator” in their ranks. So

those were the 2 cases, and it’s not very alarming if you compare that to the situation before, where

I had 300 cases against the military when I first joined the CHR 21 years ago. Last year, we took

cognizance of a total of 4 cases of HRVs committed by the non-state actors, and we filed them in the

appropriate venues, including the CARHRIHL monitoring board.

Q (AFP): What happened to the local case involving the landmines?

A: The investigations are still ongoing with the CARHRIHL. The 301st Brigade last July 1, 2014

apprehended 2 suspects that planted the landmine or IED, and some military personnel were injured

in that bombing. I commend them for not harming the suspects which they apprehended, and they


just filed the appropriate cases. I monitor

time he was caught. So we want to tell you

against Human Rights violations, whe

good that we bring all of that out –

return back to the regions, we can begin to

Q (AFP): Actually, our dilemma is that

us, the burden of proof lies with us

wrong. In the meantime, once the complaint is filed,

ordinary rank and file soldiers (not officers)

during that time, you will not be able to get your clearance, and therefore, you will not be able to

renew your contract with the government.

that, all of his benefits and privileges

dismissed, maybe for lack of merit or lack of

That is our dilemma. Why is the burden of proof

guilty? When all you have is the testimony

A: Where is the venue of that particular case

Q (AFP): Most of the cases filed against the military are w

case. When I was in Mindanao, if the sold

that some of them just go home

intervene because they are also aspiring for promotions, and they might be dragged along

investigations which take a very long time to conduct

A: OK. You are probably talking about the

year or 365 days for an investigation to be resolved

neglectful, except if the case is ongoing. For examp

Business and Human Rights for three

the only time when I can draft the final investigation report.

Q (AFP): But the problem is that the

or 365 days period can fall in-between the

soldier’s term. For us, one year be

termination of our 3-year contract,

need to file for renewal. What if during this

period, a case was filed against you?

A: I will give you a piece of advice from

friend. If you have that case, please

CHR and clear this matter up with us. I

remember a Captain who became a good

friend of the Region VI CHR as he always co

constantly following up his case. So that helped speed up the resolution of his case.

Q (AFP): That is OK for an officer because

wants. But what about ordinary rank and file soldiers

A: But the soldiers are not really required to get


I monitored the case because one suspect was 15 years

So we want to tell you that we are not against any particular group

violations, wherever they may be and whoever caused them.

– we have to talk about them and clear the air, so that when we

we can begin to work together, because we need to work together

that justice delayed is justice denied. When a case is filed against

with us, not with the one filing the case against us – and we feel that is

once the complaint is filed, there is already a case against the soldier

rank and file soldiers (not officers) only have a 3-year term. But if your case is still pending

be able to get your clearance, and therefore, you will not be able to

renew your contract with the government. So the soldier will lose his job because of that. Aside from

privileges will be suspended. After so many years, the case will be

dismissed, maybe for lack of merit or lack of evidence. But what has happened to our poor

burden of proof with us? Are we not also innocent until proven

testimony of the family that a soldier killed the victim?

e of that particular case?

Most of the cases filed against the military are with the CHR, not only for

o, if the soldier has a case with the CHR, they become so disheartened

that some of them just go home because they feel hopeless. Even our higher officials cannot

they are also aspiring for promotions, and they might be dragged along

ons which take a very long time to conduct.

ou are probably talking about the period of investigation. For the CHR, we are only given

investigation to be resolved. Beyond that, the investigator is already being

, except if the case is ongoing. For example, I am handling this Sicogon

three years now. Until the time that it is settled or resolved

when I can draft the final investigation report.

the one year

between the

For us, one year before the

, we already

What if during this

t you?

iece of advice from a

friend. If you have that case, please go to the

matter up with us. I

aptain who became a good

always comes and coordinates with us almost every week.

up his case. So that helped speed up the resolution of his case.

because he can come any time – he can leave the camp any time

y rank and file soldiers?

required to get a clearance from the CHR, right? Just the officers?

15 years old at the

we are not against any particular group. We are

ver they may be and whoever caused them. So, it’s really

so that when we

to work together.

When a case is filed against

and we feel that is

against the soldier. Our

case is still pending

be able to get your clearance, and therefore, you will not be able to

the soldier will lose his job because of that. Aside from

the case will be

But what has happened to our poor soldier?

innocent until proven

?

for this particular

the CHR, they become so disheartened

Even our higher officials cannot

they are also aspiring for promotions, and they might be dragged along by the

we are only given one

the investigator is already being

le, I am handling this Sicogon case involving

or resolved, that’s

es and coordinates with us almost every week. He was

he can leave the camp any time he

Just the officers?


Q (AFP): We are. We are required to get them for any civil court pending case.

A: Then that is a problem, because in our justice system with the courts, sad to say, sometimes three

years is the fastest before a case is resolved. That is now our dilemma.

Q (AFP): For the civil courts, we understand that. They really take a long time to resolve a case. What

we don’t like is that the CHR doesn’t understand our situation – we can’t afford to have legal

counsel, and the PAO will not entertain the case of a soldier wherein he will have to walk 3 hours to

go to the military camp just to confer. What we want is for the CHR to see and recognize our side

and our difficulties. That is one reason why we are here. Can we draw up a policy recommendation

or draft a directive to address these specific concerns – so our poor soldiers will not lose their jobs?

Atty. Arvin (CHR): OK. First of all, we commiserate with the soldiers on the matter. Second, I will be

bringing that matter to our higher ups in the National Office for possible policy changes. In the

meantime, you can go to the regional office and talk to the investigator. I agree with Leo – discuss

with the investigator your concerns. At one time, there was a police officer who was up for a

national award, but he had a pending case with the CHR. He went to me and discussed his case. I

called the attention of the investigating officer and asked for updates on the case. He said that it was

bound for dismissal. So I requested an initial report so that we can give the police officer a clearance.

So discuss your case with the regional office. But also rest assured that I would bring that matter to

the level of the Commission so that we can have a long-term solution.

Maj. Ed (AFP HRO): Just a quick comment. The AFP HRO is also coordinating with the CHR on that

issue because we do have a lot of pending cases. We want to make an appeal to the CHR Regional

offices to please speed up resolution of pending cases because some cases are already 3-5 years old.

Session 3.13: Judicial and Other Remedies – by Atty. Marlon Manuel (ALG)

The session on “Judicial and Other Remedies” was facilitated by Atty. Marlon Manuel (ALG) – please

refer to Appendix Q for the presentation.

Atty. Marlon began the session with a game (“3 CASES”):

He randomly grouped the participants into 3 (count-off 1 to 3)

He gave each group a case. He asked each group to study their cases, and answer the

question: What can be done?

Case 1:

o Abe Corpus is the president of a farmers’ organization. One day, a group of soldiers

went to his house and invited him to go the military camp in the area. The soldiers

told Abe that they are investigating an incident where armed groups attacked the

camp and that they just need to ask questions. Abe had no choice but to go with the

soldiers.

o Five days had passed and Abe still remains in the camp. His wife went to the camp

and was able to see Abe, but she was told that the investigation is not yet finished,

and Abe cannot yet go home.


Case 2:

o Amparo is the leader of a

rural women workers’

association in her province.

Her group is cu

engaged in a campaign for the

implementation of agrarian

reform in their area. They are

asking for the distribution of a

big hacienda to the farmers.

o In the past few weeks,

Amparo and her colleagues

have noticed that they are

being followed by u

house of Amparo, with some of them asking the neighbors about Amparo.

Case 3:

o Dada is a school teacher and the president of the faculty union in her school. Last

year, the faculty union staged a

negotiations for a collective bargaining agreement (CBA). Before the strike ended,

there were a number of violent incidents, including a dispersal of the strikers that

involved some police officers.

o Dada learned recently that the City Police Office maintains a file of records about

her, including records that are in her supposedly confidential 201 file

(personnel/employment file).

The cases were actually an introduction to the 3 judicial remedies: Writ

and Habeas Data. While discussing the answers of the groups, Atty. Marlon went on with

presentation (Appendix Q), referring also to the answers given by the 3 groups.

Session 4: Review of the Human Rights Training Program

Atty. Marlon (ALG) went over the session guides, going over

between the “compressed training sessions”

they will conduct in the areas.

SESSION 1: Basic Concepts and Principles on Human Rights

What did you find good in the session facilitated by

o Lecture was not too long

o Case study – gave a chance for interaction

o Video presentation

o Group discussion

o Open Forum


Amparo is the leader of a

rural women workers’

association in her province.

Her group is currently

engaged in a campaign for the

implementation of agrarian

reform in their area. They are

asking for the distribution of a

big hacienda to the farmers.

In the past few weeks,

Amparo and her colleagues

have noticed that they are

being followed by unidentified men. Armed men have also been seen near the


Dada is a school teacher and the president of the faculty union in her school. Last

year, the faculty union staged a strike when they reached a deadlock in the



involved some police officers.

recently that the City Police Office maintains a file of records about


(personnel/employment file).

The cases were actually an introduction to the 3 judicial remedies: Writs of Habeas Corpus, Amparo

While discussing the answers of the groups, Atty. Marlon went on with

), referring also to the answers given by the 3 groups.

Session 4: Review of the Human Rights Training Program

on (ALG) went over the session guides, going over each session, and citing the

between the “compressed training sessions” which they underwent, and the actual trainings that

Principles on Human Rights

good in the session facilitated by Atty. Myrfi?

was not too long

gave a chance for interaction

Video presentation

nidentified men. Armed men have also been seen near the


Dada is a school teacher and the president of the faculty union in her school. Last

strike when they reached a deadlock in the



recently that the City Police Office maintains a file of records about


as Corpus, Amparo

While discussing the answers of the groups, Atty. Marlon went on with his

session, and citing the difference

and the actual trainings that


o Gallery viewing

If you will look at the time frame, we underwent a shortened version, but in the actual 3-day

training, you will see that you have almost 3 hours for this particular session. So don’t rush

things. You have time.

What were the main objectives? You have to go back to the objectives always. You only

need to provide them information that they “need to know” and do not flood them with

information that is “nice to know.” If we go back to the key objectives, you want them to

have a common understanding on the basic concepts of Human Rights. You don’t need to

read the entire UDHR. You can give them that as an assignment.

Introduction of case study method – this was very interesting, especially for our participants

from the AFP and PNP. For some of the CSOs, they immediately thought about torture, EJK

and ED. So what you can do is to go back to the meaning of “Human Rights” and the

common understanding that you have reached. It is not just about killing, torture, and ED.

The case studies given them were from the UDHR and they demonstrate a wide range of

human rights, such as freedom of expression, equality of women, religious freedom,

economic rights, etc – all of those are different “faces” of human rights.

In giving your session, you can use the ADIDAS framework:

o A – start with an Activity – this is to capture the interest of the participants

o D – Discussion – note: it is not lecture, but discussion; always ask questions

o I – Input – this will be the short lecture or input; try to make it more interactive

o D – Discussion – you can have an open forum to clarify things and answer questions

o A – Activity – you can have a video showing, a quick game, buzz groups, etc

o S – Summary or synthesis

You will see that if you follow the session guide, you will find the input/discussion on the

basic concepts, we also gave a quick guide in processing the discussions and some tips for

the facilitators. Again, this manual is mainly for the facilitators.

The key learning points are the center or focus of your discussion. If the participants are able

to get these learning points, then you have a successful session. So you don’t need to make

them memorize the conventions and treaties, just stick to these key learning points.

Activity 2 was the case study method – we grouped the participants, gave them the case

studies and made them share the case studies they have within their group. The group

discussions “democratize” the trainings – each one will contribute their ideas and share their

thoughts. In a way, this is dialogue between the different sectors. When you have the

lecture, it is only the facilitator and only a few participants who will be talking, but

workshops give all the participants a chance to interact. That is the real reason why we have

a lot of small group discussions. But as much as possible, we want to balance individual

sharing, group sharing, and plenary session sharing.

What were the key learning points? That aside from civil and political rights, you also have

economic, social and cultural rights, which are still a part of Human Rights.

Then we had the historical context – Martial law.

We also included the reference materials. Remember that the trainer should always know

more about the topic than the participants. So please study the reference materials, the

videos, powerpoint presentations and case studies.

Do you think this session will be appreciated by mixed participants? Answer: Yes!


SESSION 2: Local Human Rights Situationer

We began with a Workshop

the proper context to the training.

people are

What we did was somehow modified. You were grouped per region because your

experience on the local human

training, however, you will group the participants into

We want to see their perspectives on the human rights situation.

For the plenary presentations

giving some official statistics.

Please review the Handbook because it gives you the objectives, activities, key learning

points, processing, and tips for the facilitators.

You can actually use the key learnin

SESSION 3: “IPSP” Bayanihan, Human Rights

The sessions are usually given as a

even if it is a lecture, Maj. Ed was continually asking questions. That is effective to keep the

participants interested in the lecture. It calls their attention.

interrupt your lecture with questions

The topic on “IPSP” Bayanihan

soldiers if their experience is different from the

if their experience is different. For the AFP, the policy officially

did practice also change? Was there really a

among them can give this session. It is

give the session.

After “IPSP” Bayanihan, we

assigned to the PNP. This is an

participants in the discussions

I will give you a tip: Start your session with

which will catch the attention of the participants. For the

the logo – ask the

people how you

understand this logo,

and what does

“Bayanihan” mean to

them? This will make

the people think more

deeply – traditionally,

the symbol of

Bayanihan is people

carrying and moving a house

That is really the reason why the term “Bayanihan” was used


: Local Human Rights Situationer

orkshop on the local Human Rights situation. This is important to give

context to the training. As was mentioned by Paulo Freire: start with where the


experience on the local human rights situation would be more common.

however, you will group the participants into sectors – AFP, PNP, CHR, CSOs

We want to see their perspectives on the human rights situation.

presentations, you will ask the CHR to present last, because they would be

official statistics.


points, processing, and tips for the facilitators.

key learning points to summarize or synthesize your session

, Human Rights-Based Policing and Human Rights Defenders

given as a lecture. For the “IPSP” Bayanihan, you will notice that


participants interested in the lecture. It calls their attention. So, from time to time

interrupt your lecture with questions.

Bayanihan is really assigned to the AFP. You can actually

if their experience is different from the “IPSP.” Or you can ask the other participants

if their experience is different. For the AFP, the policy officially changed with the

did practice also change? Was there really a paradigm shift? In the area, ask the AFP

among them can give this session. It is sometimes better to involve the local personnel

we had Human-Rights Based Policing. This particular session is

This is an informal sharing, but you would want to

participants in the discussions.

I will give you a tip: Start your session with a focuser. A focuser is something you can use

which will catch the attention of the participants. For the IPSP Bayanihan, you can start with

carrying and moving a house – you can then relate that symbol to the concept of the IPSP.

That is really the reason why the term “Bayanihan” was used – to highlight

This is important to give

start with where the


rights situation would be more common. In the actual

AFP, PNP, CHR, CSOs. Why?

to present last, because they would be


ize or synthesize your session.

Based Policing and Human Rights Defenders

you will notice that


from time to time, you can

actually ask the local

Or you can ask the other participants

changed with the “IPSP,” but

area, ask the AFP who

nvolve the local personnel to

olicing. This particular session is

, but you would want to engage the

A focuser is something you can use

IPSP Bayanihan, you can start with

relate that symbol to the concept of the IPSP.

to highlight community


participation and partnership. That is also reflected in its goal of “winning the peace” and

not “fighting the enemy.”

It was then followed by Human Rights Defenders. This session is assigned to the CSOs. In our

session, we used the metacards. We moved along fast, but during the actual trainings that

you will conduct, you can discuss and clarify the metacards. You can cluster the cards with

similar meanings. In that way, there is a leveling-off among the participants. You can also

have some time for sharing by the civilians – are you doing this? What has been your

experience?

This is a long session: from 4:30 to 7:00 pm. But that ends Day 1 of your training.

SESSION 4: Search & Seizure, Arrest, and Detention with Custodial Investigation

For the training, this topic will cover the morning of Day 2. This session is assigned to the

PNP.

If you look at the session guide, there is a role play. For the role play, make sure that you

distribute the PNP among all the groups. Give them some time for preparations, then

proceed with the role plays.

It is important that after each role play, you should discuss what was shown, what did they

do right, and what could be improved. After the role play, you can give short inputs (eg.

proper procedure for arrest, proper booking procedures, etc)

For the role plays, the situations they will role play are included in the Handbook.

You have three hours for the entire session (to cover the topics on search, arrest, and

detention) – please maintain your pace, and make sure that you are not rushing in the end

because you ran out of time. You roughly have one hour per session.

Again, just give the basics or the “need to know” – we don’t want to train the civilians how

they will conduct an arrest. We just want them to understand the regulations and proper

protocols to observe when there is an arrest.

Aside from the civilians, this session is actually very much appreciated by the military

because they sometimes encounter these situations, but they are not given the proper

training. So, expect a lot of questions also from the AFP. Also, you can ask the AFP

participants to re-echo what they learned to their fellow-military personnel. For a future

activity in which you have all-military participants, you can have the participant-trainers

facilitate this session.

There are also some scenarios when conducting a citizen’s arrest – there are also some

guide questions which will help guide the critiquing.

Critiquing after the role play is very important – it is a method to start the group discussions.

SESSION 5: IHL, Anti-Torture Act, and Anti-Enforced Disappearance Law

This session takes up three hours in the afternoon of Day 2.

Remember how the session started? Maj. Ed gave a short story about Napoleon Bonaparte.

That was his focuser.

Ask questions. Remember that he was always asking questions – is he a civilian or a

combatant? Why do you think he is a civilian? Why do you think he is a combatant? Then he

will discuss to resolve the issue.


You don’t really need a very long lecture for the participants to understand IHL. Remember

that you want to give them information that is “need to know” – just the basics.

The videos are very helpful. The video he showed was also in the local language. That helps.

The video is also included in the Handbook (in DVD format).

SESSION 6: Panel Discussion

We were not able to do this session. What you will do is to invite the provincial officers of

the AFP and PNP, then the Regional Director of the CHR, and officers of the local CSOs – to

sit in a panel and answer questions from the participants. This is a very informal sharing and

discussion session.

We are doing this because during the training, a lot of questions arise. This is the chance to

hear more “official” pronouncements from the leadership of the AFP, PNP and CHR.

SESSION 7: Input on Human Rights Protection

The session starts with Administrative Remedies in the AFP and PNP. Expect that during this

session, you will get a lot of questions from CSOs and even from the CHR.

A word of caution: do not delve too much on the procedural processes, because the

tendency is to go into technicalities. Be more practical. The important thing for the

participants to know is that if they have a complaint, where will they go? How long will that

take? What is the entry point? What are the penalties? They don’t need to know the

technicalities.

This session is also for the benefit of the AFP and PNP - to show them that this internal

disciplinary mechanism works. It is also for purposes of transparency and accountability –

that if they do something wrong, they will have to face their disciplinary machinery.

After that, you have the session on national and international remedies, which is assigned to

the CHR. For this session, we had a lot of comments from the AFP about the CHR. Just like

our lively discussions in that session, you will also find in your trainings that a lot of the AFP

will begin to open up and share that they feel that the CHR is always running after them.

That is common – you can expect that. They will ask about the clearance from CHR – why is

it taking so long? Why did they not know that they have a case against them? Why is it that

when they were applying for promotion, that is the only time that they knew that they have

a case? or other similar questions.

On the judicial remedies, you don’t really need to teach the participants about the details of

all the Writs. The important thing for them to know is that we have such judicial remedies,

and what are the general procedures and steps – just provide them an overview.

Pre and Post Test

You also saw that we conducted a pre and post test. We also gave you the answer key to the

test. You can also use the answer key to start the discussions on the key principles of human

rights.

Atty. Marlon (ALG): My question for you right now is, do you think that such a training design will be

helpful and relevant for your areas? Answers:


The content is very helpful.

This is the first time we had a training that is mixed – with AFP, PNP, CHR and CSOs. The

multi-sectoral exchanges of experience and dialogues has been very helpful.

The methodologies shared are effective – we learned that we can use case studies, games,

metacards, group discussions, etc - instead of just long lectures.

My final question is: can you facilitate this training in your areas? Are you confident enough that you

can manage to facilitate the training? Answer: Yes! OK, so if there are no other questions, we will

proceed with the Demo Teaching.

Session 5: Demo Teaching – by the Regional Groups

Atty. Marlon (ALG): For the demo teaching, you will be divided per region. Discuss what

topics/sessions you will demo teach.

Instructions:

Each group will be given a maximum of 45 minutes for the demo teaching session.

You can give a powerpoint presentation – in fact, you already have the standard

presentations in the Multi-Sectoral Human Rights Training Handbook (DVD). However, no

group will play a video clip because that will consume all your time allotment.

You can conduct a role play or a game if you like - just be conscious of the time. Remember

that role plays tend to take up a lot of time for the preparations.

The Demo Trainer/Facilitator – choose someone from your group that does not have too

much experience in being a trainer - perhaps a first-time trainer, and coach him/her.

Discuss within your group how you will conduct the demo session. Remember that this is still

a group work. A team approach is critical. You can choose to have a co-facilitator if you feel a

need to have this.

Flow:

Session 1 (Basic Human Rights Principles) – by Region VII

Session 3.1 (“IPSP” Bayanihan) – by Region VIII

Session 3.2 (Human Rights-Based Policing) – by Region VI

Session 4.2 (Arrest) – by Region VII

The groups were given time for preparation, then commenced with the demo teaching. Critiquing

after each of the demo teaching session followed.

Session 1: Basic Concepts and Principles on Human Rights – by Region VII

Comments:

The demo teacher was Jon Robin Bernal (AFP).


It was “light” – the facilitator was smiling

Did you study the Powerpoint presentations

you were just seeing the presentation

presentations well beforehand.

Facilitator did not know how to use the “

easier and faster. Also, he was on the wrong side of the computer, so

over to advance to the next slide, in the

process, he was covering the projec

picture).

It became quite dragging

minutes. We hope in the future that it will

not be just pure lecture.

participants – towards the end, there were

some participants who were already sleepy

You were asked what comes into your mind

when someone said the term “human” then

“rights” then “human rights”

association. You can use that as a focuser.

Even if the topic was quite serious, he was crack

facilitator should be appropriate for

and extra-judicial killings. Of course, we need not be

funny either. Find the proper balance.

Were you able to get the

participants are able to understand

I liked that he mentioned the

mentioned in our session before

Atty. Marlon (ALG): Don’t forget to always ask questions. For me, I

per slide, even if you are not really waiting for an answer. It will catch the attention of the

participants. I also liked that he connected the lecture to his personal story. He mentioned

that he was also working for the gov

Session 3.1: “IPSP” Bayanihan

Comments:

Capt. Salve Evangelista (AFP) was the

She asked for the local translations

good if you have a mixture of participants from different

For the logo, she asked the participants what they saw in the picture. It elicited a lot of

responses from the group.


the facilitator was smiling a lot, had a pleasant voice.

the Powerpoint presentations well before delivering the lecture?

seeing the presentation for the first time (“I was nervous!”). Tip: s

beforehand.

Facilitator did not know how to use the “clicker” – that would have made the presentation

he was on the wrong side of the computer, so as he was

to advance to the next slide, in the

covering the projector (see

ragging in the last 20

We hope in the future that it will

Be aware of the

towards the end, there were

some participants who were already sleepy.

comes into your mind

when someone said the term “human” then

“rights” then “human rights” – this is word

at as a focuser.

ic was quite serious, he was cracking jokes. I think that the demeanor

appropriate for the topic. We are talking about human rights

. Of course, we need not be super serious, but we should not be too

Find the proper balance.

Were you able to get the core messages? Yes! That’s the important thing

are able to understand the core messages.

I liked that he mentioned the 30 human rights under the UDHR, which was no

session before – that there are many kinds of Human Rights.

Don’t forget to always ask questions. For me, I like to pose one question

ven if you are not really waiting for an answer. It will catch the attention of the

I also liked that he connected the lecture to his personal story. He mentioned

that he was also working for the government, so he was a duty bearer.

Bayanihan – by Region VIII

(AFP) was the demo teacher.

local translations and how they understand the word – this is especially

good if you have a mixture of participants from different regions.


before delivering the lecture? It felt like

). Tip: study the

the presentation

he was reaching

ing jokes. I think that the demeanor of the

human rights, torture

, but we should not be too

thing – that the

UDHR, which was not significantly

.

pose one question

ven if you are not really waiting for an answer. It will catch the attention of the

I also liked that he connected the lecture to his personal story. He mentioned

this is especially



She had a nice pace of delivery – it was quite

energetic, but for me, it shows that she really

knows the topic thoroughly.

Comprehensive presentation – she even cited

examples.

She has a nice, clear voice.

Sustained energy.

If you have a question, pause for a little bit for

them to think about their answer, even if you

are not expecting anyone to respond.

She used the picture as a focuser. You can use

that strategy for any topic. You can just present

a picture to capture the interest of the

participants.

Suggestion: Instead of mentioning “Bantay Laya” immediately, perhaps you can ask the

participants, “Before ‘IPSP’ Bayanihan, what was the old OPLAN (Operational Plan) called?

You can ask the soldiers because they would know. Questions in a presentation make it

more interactive and more interesting.

I like that she emphasized “paradigm shift” which is being done by the AFP.

I like that she mentioned the government’s commitment to peace and development.

Personally, I find that it was a little too fast-paced.

Towards the ending, summarize the talk – go back to the “IPSP” Bayanihan and its goals.

Atty. Marlon (ALG): I would just like to add something. Pictures and visual aids have a big

effect on the participants. I noticed that the people were really listening. There was one

particular point when everybody almost stood up to look at the presentation – that was the

slide with the logos. People were looking at the agency logos, which agencies were involved.

It really grabbed their attention because Capt. Salve said, “perhaps you can see your logo in

there.” That is the power of having visual aids.

Before going into a discussion on “paradigm shift,” I hope that the facilitator first solicits the

experiences from the participants about the experience of the civilians were with the AFP

before, then ask them if there were any changes (particularly from the CSO participants).

Atty. Marlon (ALG): You can even have a very rich sharing of experiences when you talk

about “paradigm shift” in the military. I would just like to comment on the picture –

someone commented that the child helping to move the house was “child labor” – I am sure

that was a joke, but just to avoid things like that, make sure that your visuals are

appropriate. My tip for you as a trainer is expect the unexpected. Sometimes, you elicit a

different response from what you are thinking you would receive. Sometimes, you will have

participants who are stubborn and uncooperative, while at times, you will have clowns and

jokers, but always expect the unexpected. About joking – it’s OK to joke among your peers,

but once you are in front of the participants, please be a little more formal.

Comment (CHR): The person who saw “child labor” in the picture is clearly sensitive to the

issue of child labor, so the facilitator should be sensitive in discussing that issue.

I think that the picture is symbolic of multi-sectoral cooperation – we have men, women,

children – everyone was involved. I didn’t see “child labor” at all.


Atty. Marlon (ALG): Since she began the session with the

your session by showing the logo once again.

Comment: When we report, make sure that the

spelling of all the words are correct. S

mentioned in your example,

death” – but we are a Roman Catholic society,

it should be “from conception to death.”

Atty. Marlon (ALG): That is correct

with your examples. So

important. Also, your jokes should be culturally

sensitive, and the examples

cater to your participants. Do not give them

examples that they do not know about

Atty. Marlon (ALG): Ideally, we would have had

the TNA before the training

participants are not able to send them

beforehand. This would give you an idea of their

background, how many are men and women, their ages, the language they use, their

professions, religion, etc. If you know that, it will help guide you in what examples you will

give. Lastly, be gender-sensitive and avoid stereotyping.

quip green jokes. Please refrain

Session 3.2: Human Rights

Comments:

The demo teacher, Rhojn Nigos

they agree – that was new and

There was a question asked

Ma’m Maribel to answer. That was correct because she is the most senior police officer we

have and could give the correct answer

The facilitator also didn’t know how to use the

Some participants didn’t want to volunteer to facilitate the session because they don’t know

the topic too much. You don’t actually need to memorize all the policies. To be a facilitator,

you just have to have a working knowledge (or know the basics) of the policies. If there are

questions, you can direct them to the most senior police officer in the group.

really assigned to the PNP.

How to bridge the gap? The facilitator was actual

picture (for me, the foundation is human rights so it should not be 3 separate …). If you

a different idea, then you should fix the presentation before the session


ince she began the session with the logo, perhaps you can also end

your session by showing the logo once again.

When we report, make sure that the

of all the words are correct. Second, you

in your example, “from birth to

but we are a Roman Catholic society, so

it should be “from conception to death.”

That is correct – be careful

So the context is really

your jokes should be culturally

xamples that you give should

r participants. Do not give them

examples that they do not know about.

Ideally, we would have had

before the training, but sometimes, the

participants are not able to send them

beforehand. This would give you an idea of their


etc. If you know that, it will help guide you in what examples you will

sensitive and avoid stereotyping. We sometimes have a tendency to

quip green jokes. Please refrain from that because it offends women participants.

ights-Based Policing – by Region VI

Nigos of the PNP, asked the participants to shout “Here! H

new and refreshing.

asked by the participant, but the facilitator passed the question to

. That was correct because she is the most senior police officer we

have and could give the correct answer (find the correct person to answer the question)

The facilitator also didn’t know how to use the clicker.



ve to have a working knowledge (or know the basics) of the policies. If there are

questions, you can direct them to the most senior police officer in the group. But this topic is

The facilitator was actually describing something different from the

picture (for me, the foundation is human rights so it should not be 3 separate …). If you

should fix the presentation before the session.

perhaps you can also end


etc. If you know that, it will help guide you in what examples you will

We sometimes have a tendency to

women participants.

Here! Here!” if

, but the facilitator passed the question to

. That was correct because she is the most senior police officer we

correct person to answer the question).



ve to have a working knowledge (or know the basics) of the policies. If there are

But this topic is

ly describing something different from the

picture (for me, the foundation is human rights so it should not be 3 separate …). If you have


I like that you are open in m

things, like planting of evidence,

thing to say is that actions

to address these issues.

The police encounter a lot of problems,

because the media blows the issue out of proportion

they often sensationalize things

Comment (PNP): As a solution for the media, we try to

send a schedule for press conferences regarding

sensational cases, and only the official message is

conveyed.

High energy.

The facilitator was moving around the participants, so

just like in school, all the students are listening

because they can be asked a question at any time

It is better if you call the participants by their names (you should know

without name tags).

Comment (PNP): Although we are transparent and open, we should not wash our dirty linen

in public. We need to maintain a certain degree of professionalism.

Session 4.2: Arrest – by Region VII

The demo teacher was Police Inspector Elpidio Tago

The participants were divided into 3 groups. To

ensure that each group had members from the AFP,

PNP, CHR and CSOs, they count

Afterwards, they formed into sub

Each group was given a scenario to role play

o Group 1 – Arrest with Warrant

o Group 2 – Warrantless Arrest

o Group 3 – Citizen’s Arrest

Scenarios:

o Arrest with Warrant:

PO3 Santos and PO2 Ramos are on foot patrol on June 28, 201

around 6:00 in the evening.

While patrolling, they chanced upon Eduardo “Edu” Abuque, a person

known to them to be the subject of a warrant of arrest for kidnapping issued

by Judge Jesusa Mylene Suba

arrests before.

Sensing that there are police around, Jose Ruiz tried to run away.


in mentioning that sometimes, some policemen will do the wrong

planting of evidence, the “Roleta ng Kamalasan” case, etc – but the important

actions are being done by the PNP

The police encounter a lot of problems, especially

because the media blows the issue out of proportion –

sensationalize things.

: As a solution for the media, we try to

send a schedule for press conferences regarding

, and only the official message is

he facilitator was moving around the participants, so

just like in school, all the students are listening

because they can be asked a question at any time.

It is better if you call the participants by their names (you should know their names even


We need to maintain a certain degree of professionalism.

by Region VII

Police Inspector Elpidio Tago-an, Jr. His group facilitated a role play activity.

The participants were divided into 3 groups. To

ensure that each group had members from the AFP,

counted off from 1 to 3.

formed into sub-groups.

Each group was given a scenario to role play:

Arrest with Warrant

Warrantless Arrest

Citizen’s Arrest

Arrest with Warrant:

PO3 Santos and PO2 Ramos are on foot patrol on June 28, 201

around 6:00 in the evening.



by Judge Jesusa Mylene Suba-Isip and had eluded several attempts of

rrests before.


will do the wrong

but the important

their names even


a role play activity.

PO3 Santos and PO2 Ramos are on foot patrol on June 28, 2013 (Friday) at



Isip and had eluded several attempts of



PO3 Santos and PO2 Ramos ran after him and declare an arrest for

kidnapping.

When caught, Eduardo Abuque insisted on seeing the warrant of arrest or

he will not go with the

have the copy of the warrant of arrest. He resisted arrest and try to wrestle

himself free.

Thus, PO3 Santos handcuffed him and brought him to the police station.

Dramatize the documentation process insi

o Warrantless Arrest:

PO3 Santos and PO2 Ramos are already off duty and on the way home when

they saw Jose Ruiz snatch the necklace of Jane Jacinto.

Immediately, they arrested

Ruiz after declaring

themselves as policemen.

Ruiz tried to

police officers alleging they

are fake policemen because

they are not in uniform.

Thus, PO3 Santos handcuffed

him and brought him to the

police station for

documentation.

Dramatize the conduct of arrest and documentation process inside the

police station.

o Citizen’s Arrest:

Barangay Captain Jose Mariano and Tanod Juan Sison are on the way home

when they saw Jose Ruiz snatch the necklace of Jane Jacinto.

They decided to accost Jose Ruiz.

Dramatize how the arrest should be conducted.

Some time was given for the preparations, then each group made their presentations. The

open forum followed after

Comments:

Immediately after a role play, y

process and discuss the role play

summarize and synthesize.

For group 2, it was only in the police station

where the apprehended

Miranda Warning. It should be read at the

moment of arrest.

Suggestion: for purposes of the training

design, it would be nice if there was also an

illustration of what should be done, as

the correct and incorrect procedures



kidnapping.


he will not go with the police. Unfortunately, the arresting officers do not


himself free.


Dramatize the documentation process inside the police station.

Warrantless Arrest:


they saw Jose Ruiz snatch the necklace of Jane Jacinto.

Immediately, they arrested

Ruiz after declaring

themselves as policemen.

Ruiz tried to question the

police officers alleging they

are fake policemen because

they are not in uniform.

Thus, PO3 Santos handcuffed

him and brought him to the

police station for

documentation.


lice station.


when they saw Jose Ruiz snatch the necklace of Jane Jacinto.

They decided to accost Jose Ruiz.

Dramatize how the arrest should be conducted.

s given for the preparations, then each group made their presentations. The

the role plays.

mmediately after a role play, you need to

role play, then you

it was only in the police station

was read the

Miranda Warning. It should be read at the

for purposes of the training

it would be nice if there was also an

of what should be done, as well as what should NOT be done – just to highlight

procedures.



police. Unfortunately, the arresting officers do not



de the police station.




s given for the preparations, then each group made their presentations. The

just to highlight


I like that in the role play, there was

right to a doctor of his own choice.

now we also have the IHL.

Atty. Ronnan (ELAC): During the arrest, you should avoid incriminating questions because

that will be already part of custodial investigation. Do not ask things like

who committed this crime?”

Atty. Marlon (ALG): Yes, the police should clearly understand this,

violations, but also because if you did not

observe the proper procedures, they may

have to release the suspect

of examples of that. The fiscals are

always blaming the police, saying they

have to let the suspect free because of

the wrong arrest procedures.

Excellent – participation of all the

members in the training team were

maximized. My only suggestion is that

after the role play, there is a s

the presentation. But I also think what the participants were trying to show is what is exactly

commonly happening on the gro

point out what is wrong after the role play so people on the ground will no longer commit

the same mistakes.

Atty. Marlon (ALG): Right. In fact,

from the participants, you can ask the police

Comment (PNP): On the topi

please remember to let the pa

discussion into looking at what is correct, and what are the common mistakes on the field.

At times, you cannot avoid going into technicalities, but these are the reasons why cases are

being dismissed, or suspects being freed. For example, not introducing yourself, not giving

the Miranda warning. Our legal division advices us to introduce ourselves at least 3 times.

Like stating the Miranda doctrine,

understood the Miranda warning.

Atty. Marlon (ALG): Arrest is really c

proper search procedures were not followed, even if you were able to discover and

confiscate illegal paraphernalia, it will be as if you never got them.

they want to know are their

Miranda card? (Yes) Does it have a Cebuano version? (Yes). It’s really important to have that

card so you can read it and not forget anything.

rowdy after an arrest.

Comment (CHR): I talked to some police officers

have to read the Miranda warning. For them, they feel that i

some will say that it is just a

this is a serious matter. Even if you have memorized it, it is still better if you read it.


I like that in the role play, there was compliance with IHL – it was mentioned that

doctor of his own choice. (PNP): In the past, it was just the Miranda

During the arrest, you should avoid incriminating questions because

that will be already part of custodial investigation. Do not ask things like “was that really you

committed this crime?” – just deliver the suspect to the police station.

Yes, the police should clearly understand this, not only for potential

because if you did not

observe the proper procedures, they may

the suspect. We see a lot

of examples of that. The fiscals are

always blaming the police, saying they

have to let the suspect free because of

the wrong arrest procedures.

participation of all the

members in the training team were

. My only suggestion is that

after the role play, there is a synthesis for us to identify what is right and what was wrong in

But I also think what the participants were trying to show is what is exactly

commonly happening on the ground, which is far from ideal. So, anyway, the group should


Right. In fact, it may not even be the trainer to explain that. It

from the participants, you can ask the police – what is the proper procedure?

topic of arrest, this is the most crucial aspect of what we do.

please remember to let the participants act out what they know. After that, you can lead the



ismissed, or suspects being freed. For example, not introducing yourself, not giving


Like stating the Miranda doctrine, but he did not introduce himself. You have t

understood the Miranda warning. So, correct the wrong ideas.

Arrest is really critical, because we have seen a lot of cases where if the


confiscate illegal paraphernalia, it will be as if you never got them. For the civilians,

they want to know are their rights during search, arrest and investigation. Do you have a


card so you can read it and not forget anything. This is useful especially if things are getting

I talked to some police officers, and they say that they feel awkward

have to read the Miranda warning. For them, they feel that it debases their mach

some will say that it is just a mere formality. But the PNP should really consider this


it was mentioned that he has a

nda warning, but

During the arrest, you should avoid incriminating questions because

“was that really you

not only for potential

what is right and what was wrong in

But I also think what the participants were trying to show is what is exactly

, anyway, the group should


it may not even be the trainer to explain that. It may be

, this is the most crucial aspect of what we do. So

rticipants act out what they know. After that, you can lead the



ismissed, or suspects being freed. For example, not introducing yourself, not giving


have to ask if they

, because we have seen a lot of cases where if the


For the civilians, what

Do you have a


is useful especially if things are getting

awkward if they

t debases their machismo, while

consider this because



Atty. Marlon (ALG): Even in the US, the SOP

(standard operating procedure) is to read the

Miranda warning. They also have a card to

ensure that they don’t forget anything.

Atty. Ronnan (ELAC): You should read the

Miranda warning, otherwise there is an

administrative liability – it has a fine of

P4,000 - P8,000, plus six years imprisonment.

So you really have to read the card.

Suggestion: Can we just record the Miranda

warning in our cell phones?

Atty. Marlon (ALG): What is important is that the person knows his rights. It is also important

that you ask him if he understood it. Sometimes you apprehend someone in Cebu and read

the Miranda warning in Cebuano, but he happens to be an Ilokano, so he will not understand

Cebuano. But my suggestion is still for you to read it and not just record it in your phone.

Maj. Ed (AFP HRO): You also need to introduce yourself properly, and inform him why he is

being arrested.

Atty. Marlon (ALG): Remember: do not ask any incriminating questions because then, you

will be going into custodial investigation, and he now needs a lawyer. To be safe, just do not

ask any questions.

Q (AFP): How about tactical investigation?

Atty. Marlon (ALG): The problem there is that it is difficult to justify that tactical investigation

is different from custodial investigation. When will one, and not the other, apply? That is

where you are going to be vulnerable to complaints because you are prolonging the process.

Remember that torture can be psychological; it is not limited to physical – so even

questioning, you are already potentially opening up yourself to a possible torture complaint.

Maj. Ed (AFP HRO): I want to add that if you arrest a person, once that you begin to ask

questions, that can already be deemed as part of interrogation. So do not ask questions

because it will imperil the arrest – it might end

up as an unlawful arrest, and the suspect is

released.

Atty. Marlon (ALG): Remember that the rules of

custodial investigation are very strict. Because

the person is in detention, any form of

questioning is suspect. The difference between

interrogation and custodial investigation is

therefore very difficult to discern.

Atty. Marlon (ALG): The role play we did started

a lot of discussions. We then went into the substance of the law. That is the power of role

plays – people are able to see a particular scenario and you can then discuss what should be

done. The only hitch here is that it is time-consuming.

Rene (ALG) gave a quick summary of the Learnings from the Demo Teaching (refer to

Appendix R).


Session 6: Planning – per Regional Teams

Atty. Marlon (ALG): We are hoping that by September, you would have already, as a team, tried to

facilitate at least two Human Rights training sessions. It need not necessarily be the whole 3 days

training that was presented to you – it can even be just selected sessions or topics, like the “General

Principles of Human Rights” and the topic on “Arrest.” You can modify the 3-day design for your

audience and topic. As much as possible, we want the participants to be multi-sectoral, but if you

have opportunities to conduct them with select participants, then do so.

One challenge that we have is that the project funds will no longer be able to cover the area-based

activities. So you will have to think about this together as a team. So part of your team planning

should be to identify how you can conduct the activities without depending on external funds. For

example, for Region VII PNP, we know that the regional director (Police Chief Superintendent

Prudencio Tom Bañas) supports this program, so perhaps you can organize one training for the PNP.

For the other regions, the CHR may say that they want to host one training, but in order to save

funds, can we hold it as a back-to-back mini-training with another activity? Yes! For the AFP, you

may also want to host one training for your personnel. We have Major Harold Garcia of the

Philippine Army Human Rights Office with us here. You may want to think about a training for your

Divisions and Brigades in the Visayas, perhaps through CenCom (Central Command). Just look out for

interests and opportunities as you make your regional plans.

You can say that we already have the training design and the trainers – so all the interested groups

need to cover are the venue and food. There is also a suggestion that if there is an activity by the

military in the camp, perhaps we can invite some police, CHR and civilians as well for the conduct of

our training to make it a multi-sectoral forum. And if it is the PNP that has an activity, can we also

invite the AFP, CHR and civilians for our training? So please think about those possibilities and try to

identify possible sources of funds.

Again, our target from now up to September is that we will have tried to implement the training

session in at least two separate activities. So that is just the general guide. We will present a simple

matrix for you to follow, and then we will ask that you quickly present your group regional plans.

Plenary Presentation:

Region VI:

Activity (What?)

Expected Output , Outcome or Objective

(Why? What for?)

Person/s or Agency

Responsible (Who?)

Time Frame (When?)

Resources Needed (Needs?)

One-day seminar on Human Rights Promotion and Protection

To enhance awareness of participants on HR promotion and protection

For participants to internalize the state obligations to respect, protect and fulfill the HR of every individual

Training Team Region 6 Pax:

25 AFP

25 PNP

10 CSOs

March 25, 2015 (Negros island) Last week of May (Panay island)

Supplies – c/o CHR

Projector

Laptop

AM snacks – c/o Vangie

PM snacks – c/o PNP and AFP


2-day Seminar in Antique (for AFP, PNP, CSOs)

Same objectives Training Team Region 6 30 pax (10 per sector)

Last week of August 2015

Snacks, Lunch – c/o PROCESS Panay

Secretariat – c/o CHR

HR Steering Committee meeting

Present proposed activities for support

Back-to-back activity – Evaluation (March 25)

To seek logistical support from the HR Regional Steering Committee

HR 6 Steering Committee Chairperson – (CHR 6) Atty. Bermudo

March 27, 2015 Snacks and lunch – c/

Region VII:

Activity (What?)


(Why? What for?)

Person/s or Agency

Responsible (Who?)

Time Frame (When?)


2-DAY MULTISECTORAL HUMAN RIGHTS SEMINAR

Have a common or collective understanding of the basic concepts of HR, IPSP, HRBP and related laws and regulations

AFP, PNP, CHR, CSO

April 15-16, 2015 Learning Materials Accommodation Venue Food

Region VIII:

Activity (What?)


(Why? What for?)

Person/s or Agency

Responsible (Who?)

Time Frame (When?)


Input Sessions for RM/ Meeting with RDs (CHR, AFP, PNP, CSO) Finance/Accounting/Comptroller Personnel

Identify sources of Funds (Institutional and Outside)

Possible Counterparting Strategy

CHR

March – April 30 Date of Meeting; April 30, 2015

Office Supplies

CBHR Orientation/Training Provincial/Regional

Western Samar

Leyte

1 Regional and/or 2 provincial Training Being Conducted

R8 HR Training Team

June – September 2015

Funding Support for Logistics and other Training Needs

Three 1 day Multi-Sectoral CBHR Orientation

Multi Sectoral CBHR Orientation/training being Conducted in Ormoc, Tacloban and Catbalogan or such other area which may be identified

R8 HR Training Team CHR, AFP, PNP on fund Sourcing

June-September 2015

Participants:

Name Organization Email Address Contact Number

Ronnan Christian M. Reposar

ELAC [email protected] 09173296964

Desiree V. Pontejos

CHR – R8 [email protected] 09205054322


Insp. Jose D. Dolina Jr.,

PNP

Capt. Salvacion C. Evangelista

AFP – 802nd

Brigade Ormoc

Ron Ely B. Graciano

CSO – PUERSA

1Lt Arthur B. Arguelles

AFP – 8ID Catbalogan

Ma. Rona S. Lomuardo

CHR-R8

PSInp. Brigido Tingzon

PNP

Closing Program

Atty. Marlon showed a short and funny video clip entitled “Death by Powerpoint”

of the common mistakes to avoid whenever making Powe

make Powerpoint presentations (especially

mistakes in the video.

He mentioned that all the participants will be given copies of the DVD which has the Multi

Human Rights Training Handbook,

clips, case studies and some reference

participants.

Atty. Marlon (ALG): Hopefully, by next year, we will be able to expand

trainings and more trainers for the regions that were not

covered before. For the Visayas, even if we have Region

8, each of the regions has several islands, so we

able to expand.

CLOSING REMARKS

Atty. Marlon (ALG): Thank you to everyone for taking the time

to participate in this trainers training.

project a success. The project has undergone a lot of changes,

and this is a sustainability mechanism

done by the different groups. Seeing how we have done this for

the past several years, and seeing your

commitment, we know that we can do this, and we

several more years to come. Maraming salamat po!

Maryann (HSF): Thank you for giving me this opportunity to close our activity.

observations, I would just like to say that

Syquijor, Cebu and Bohol, and I would have to say that

successful. I want to thank you for sustaining


[email protected] 09365443201



[email protected] 0917-8211049

[email protected] 09772104607/09088928253


funny video clip entitled “Death by Powerpoint” – it showed some

of the common mistakes to avoid whenever making Powerpoint presentations. He added that we all

especially for trainings), but the participants should not make

He mentioned that all the participants will be given copies of the DVD which has the Multi

Human Rights Training Handbook, including the session guides, Powerpoint presentations, video

clips, case studies and some reference materials. He added that it would also include a list of the

Atty. Marlon (ALG): Hopefully, by next year, we will be able to expand – meaning we will have more

trainings and more trainers for the regions that were not

For the Visayas, even if we have Region 6, 7 and

several islands, so we reallyhope to be

Thank you to everyone for taking the time

to participate in this trainers training. We really consider this

The project has undergone a lot of changes,

his is a sustainability mechanism that we think should be

different groups. Seeing how we have done this for

years, and seeing your energy, enthusiasm and

can do this, and we hope that we can still be doing this for the next

Maraming salamat po!

Thank you for giving me this opportunity to close our activity. Before I share my

say that I have worked with the people in the Visayas

and I would have to say that our projects in these areas ha

r sustaining our good impression of the Visayas people.

09772104607/09088928253

it showed some

He added that we all

the participants should not make the

He mentioned that all the participants will be given copies of the DVD which has the Multi-Sectoral

owerpoint presentations, video

materials. He added that it would also include a list of the

we will have more

this for the next

Before I share my

the Visayas - in Negros, in

have been very

our good impression of the Visayas people.


First of all, this activity would not have been possible without our partners.

ALG – Atty. Marlon, Atty. Tonet and Atty

to extend my heartfelt gratitude to

singlehandedly facilitating all the sessions of the

Chief Inspector Eking of the PNP Human Rights Affairs

regional office – Police Senior Inspector Pelare and Police Chief Inspector Juan Alberto. Thank you

very much! We also thank our support staff

survive for 5 days here without them.

I want to add to what Rene said when he mentioned that we have been doing this project for the

last 6 years. The core activity of the project

Sessions, but it has evolved over time

Level Policy Dialogue, and we have the Training of Trainers.

would end, but you have to expect that eventually.

partners, in the field and in the national office

successful, then that means, it should also be sustainable.

Last, but not the least, we would like to thank the CHR

to sustain the activities, if and when the project is

round of applause? (applause and cheers

Thank you to all of the Regional Directors who attended

Chairperson, Commissioners, and support staff of the CHR. Th

from all the Dialogue Sessions in the regions that we have conducted

appropriate institution to sustain this activity.

local coordinator and convenor –

regions.

We tried to help the CHR make sure that the CHR Charter

a different set of dynamics in the legislature

try to revive the CHR Charter

Unfortunately, the CHR Charter was not in the list of priority

bills of the 16th Congress, but we will still

push for it, and revive it in the next Congress.

Based on our partnership arrangement,

partners will be able to include this as part of their regular

programs. For the AFP and PNP, I am not exactly sure which

office should be taking this on – whether it is the

Management Office), HRO or HRAO

so long as they have continuing support in terms of

need to put it under the HRO and HR

part of the regular programs of our partner institutions.

time, because it’s part of their mandate.


of all, this activity would not have been possible without our partners. I would like to thank the

Atty. Tonet and Atty. Myrfi for facilitating the sessions. For the AFP, I

to extend my heartfelt gratitude to the Human Rights Office, and especially to Major Ed for

acilitating all the sessions of the AFP. And it was very good. We also thank Police

NP Human Rights Affairs Office, and also his PNP colleagues

Senior Inspector Pelare and Police Chief Inspector Juan Alberto. Thank you

We also thank our support staff – Lito and Rene. I don’t know how we

them.


of the project is actually the Community-based Human Rights Dialogue

time – and now, we have Human Rights trainings, we have the Top

and we have the Training of Trainers. I would not like to say when this project

would end, but you have to expect that eventually. That is the reason why we are preparin

ield and in the national offices, to eventually take over the activities –

successful, then that means, it should also be sustainable.

but not the least, we would like to thank the CHR because they have accepted the responsibility

to sustain the activities, if and when the project is eventually turned over. So can we give them a big

and cheers)

the Regional Directors who attended our meeting in Manila. We als

and support staff of the CHR. The strongest recommendation

from all the Dialogue Sessions in the regions that we have conducted is that the CHR is the most

appropriate institution to sustain this activity. They want the CHR to convene the activity

– because they have already established their presence in

We tried to help the CHR make sure that the CHR Charter bill is approved, but unfortunately, there is

of dynamics in the legislature – but we will still

try to revive the CHR Charter in the next Congress.

Unfortunately, the CHR Charter was not in the list of priority

ut we will still work on it, we will still

push for it, and revive it in the next Congress.

arrangement, we hope that our

partners will be able to include this as part of their regular

I am not exactly sure which

whether it is the PMO (Project

or HRAO – it really doesn’t matter,

they have continuing support in terms of budget and personnel. You know, we don’t really

need to put it under the HRO and HRAO – the structure is not important, just as long as it becomes

of our partner institutions. For sure, the CSOs will not be having a hard

, because it’s part of their mandate.

I would like to thank the

Myrfi for facilitating the sessions. For the AFP, I would like

the Human Rights Office, and especially to Major Ed for

We also thank Police

his PNP colleagues from the

Senior Inspector Pelare and Police Chief Inspector Juan Alberto. Thank you

will be able to


based Human Rights Dialogue

we have Human Rights trainings, we have the Top

I would not like to say when this project

That is the reason why we are preparing all our

– because if it’s

cepted the responsibility

turned over. So can we give them a big

e also thank the

strongest recommendation coming

CHR is the most

to convene the activity – to be the

presence in the

but unfortunately, there is

You know, we don’t really

just as long as it becomes

SOs will not be having a hard


Last, I would like to thank the key actors of this activity, the participants. Without you, we would also

not be here today. It’s unfortunate that we didn’t have participants from Bohol and Negros from the

CSOs, although we have them from the security sector.

Let me now share my observations. Atty. Marlon mentioned that the activity we are doing is a

collective action. That’s the reason why the objective is multi-stakeholdership. We have all these

groups and networks involved in human rights in one venue, to talk about human rights. Hopefully, it

will lead to the transformation of our society. Hopefully, we can work together, and this project is

trying to make that happen. When we started this project, it’s a fact that some of the sectors here

were not seeing eye-to-eye on a lot of issues, especially about human rights. But now, it’s a different

scenario altogether.

I would like to congratulate the participants, as I said, I know that the Visayas people are really

effective trainers. I commend the AFP and PNP Demo Teachers for having the guts and confidence. I

think that’s the way to start it – and if you don’t have that, you won’t go anywhere. I think you will

manage to do a lot.

I would also like to acknowledge the close cooperation and engagement of the participants. I have

been sitting quietly at the back, but I was really observing how you deal with each other, and I think

that with this group, you really have a close cooperation.

We didn’t have any problems with the participants, and for that, I’d like to thank you all. It could

sometimes get difficult if you have a dilemma with the participants. There was really close

cooperation. And even if most of you met only this week, you’ve shown that kind of rapport that we

can probably strengthen later on, together with the other sectors. I salute the officers and officials,

both from government and CSOs, for the professionalism they have shown. They are the kind of

people we want involved in our activities – whether in a training activity, or in a future discussion

session.

One thing I would like to add is perhaps you can also involve the other sectors, because in the

dialogue sessions that we conducted in the 17 regions in the past, it has been mentioned, time and

again, that we should include the LGU (local government unit) local officials, and not contain this

activity just among ourselves. We can also include other government agencies like the DAR

(Department of Agrarian Reform), DENR (Department of Environment and Natural Resources), DILG

(Department of the Interior and Local Government), and even the barangay LGUs .

As for resource mobilization, I congratulate you for taking that path, because that is very important

for any of our activities to succeed. You can also involve media and news organizations and the

private sector – they may also have some resources, both technical and financial, that you may tap.

You may also want to involve the academe and youth organizations – perhaps they can provide the

venue or information support for research and development. Perhaps if you want to come up with a

newsletter, or write-up of what you are doing, they can be of some help. They may have writers and

other people who can help you with information dissemination. Perhaps they can even help in the

facilitation work for other sectors, and they can be mobilized for that purpose. So those are just

some of my suggestions, but you can look out for other possibilities and opportunities present in

your areas.


Some people ask me if there will be Hanns Seidel

Unfortunately, for this particular project,

welcome to submit your reports, because if the people from the Head Office

and if they feel that it is worthwhile to suppo

activities if they have available funds

communication because you never know when the funds will be available.

they see this as a worthwhile activity to fund, and it is not a new project, just a follow

activity of an existing project, who knows? Maybe we c

within HSF or even outside of HSF for that.

It’s not just for us to know what is happening in the areas,

resources that you might need. But of course, there is no

proposal writing, approval, impleme

So, thank you very much to everyone. We hope to see you once again in

Maraming salamat po!

Prepared by:

RENE CLEMENTE

ALG Program Officer

[email protected]


Some people ask me if there will be Hanns Seidel Foundation support for the area-based a

for this particular project, the HSF cannot support you on that. But you are always

welcome to submit your reports, because if the people from the Head Office get to read about them,

and if they feel that it is worthwhile to support, perhaps they may decide to fund some future

vailable funds. So it’s good to maintain continuous updating

because you never know when the funds will be available. If there are funds, and if

orthwhile activity to fund, and it is not a new project, just a follow

who knows? Maybe we can be able to gather some funds

within HSF or even outside of HSF for that. So that’s the reason why we are requesting for updates.

It’s not just for us to know what is happening in the areas, but to also help you later on with the

But of course, there is no guarantee: it’s always a process of request,

proposal writing, approval, implementation, reporting and liquidation. That’s always the process.

So, thank you very much to everyone. We hope to see you once again in one of our future activities!

END

based activities.

But you are always

read about them,

they may decide to fund some future

. So it’s good to maintain continuous updating and

If there are funds, and if

orthwhile activity to fund, and it is not a new project, just a follow-through

an be able to gather some funds – either

ting for updates.

but to also help you later on with the

t’s always a process of request,

That’s always the process.

future activities!

Documents

Regional Trainers Training Session - Visayas...3 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City Preliminaries The Opening Prayer, National Anthem