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
4 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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?
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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
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
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
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: education/
training, a conducive learning environment, level of comprehension (explanations
should include clear examples that the participants can relate to), and partnership
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
5 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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
resource person to just come in for one particular session. The resource person ideally has to
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.
When the topic is about the police, we have police personnel in our team. We also have the
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
resource person to just come in for one particular session. The resource person ideally has to
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.
When the topic is about the police, we have police personnel in our team. We also have the
together as a training
6 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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
the military and police for wearing their uniforms today because that is your protocol. But
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
the military and police for wearing their uniforms today because that is your protocol. But
– 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
7 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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?
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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 involved? Were they civil, political, economic, social,
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
What rights were involved? Were they civil, political, economic, social,
8 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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
9 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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?
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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?
10 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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
CLAIM HOLDERS & 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
11 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
Region VIII:
HR ISSUES CAUSES IMPACTS DUTY BEARERS & INTERVENTIONS
CLAIM HOLDERS & 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)
12 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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.
13 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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
14 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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
warrant of arrest during the actual arrest? We have a case where a police officer was
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
warrant of arrest during the actual arrest? We have a case where a police officer was
15 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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
believe that that there is no requirement for the police officers to bring with them the
provided that if the warrant is asked, it should be shown and made available in the
soonest possible time or within reasonable time. We are not required to bring the warrant
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,
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
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,
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 – 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
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 actual
us to bring the
fficer in your case was cited with
I have to know all the circumstances. I
believe that that there is no requirement for the police officers to bring with them the
available in the
soonest possible time or within reasonable time. We are not required to bring the warrant
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
pect indeed has a standing warrant of
there was a group created purposely to arrest the suspect, so it was a continuing effort. That
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
member of the New People’s Army, can you arrest him? Although he is just walking around
16 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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?
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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 continuing offense against the government?
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 being questioned whether it was unlawful or not. However, it was
said that rebellion is a continuing crime, so even if you are just attending mass, you are still
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
turn him over to the police within a reasonable period of time, and reasonable time really
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
approval from the CHR. You can coordinate with the barangay, but you still have to turn over
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
came out negative. In the end, a case was filed against our soldiers. What is our safeguard in
in the marketplace and is not actually committing a crime, can we arrest him, considering
ntinuing offense against the government?
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
not. However, it was
said that rebellion is a continuing crime, so even if you are just attending mass, you are still
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
turn him over to the police within a reasonable period of time, and reasonable time really
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
approval from the CHR. You can coordinate with the barangay, but you still have to turn over
source? Some soldiers
the conduct of search, they
came out negative. In the end, a case was filed against our soldiers. What is our safeguard in
17 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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
18 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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
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 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
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
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
conducted in a house, the general rule is that there should be a search warrant. Only in
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
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 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
19 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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
20 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
21 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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
People’s Army). What about the Abu Sayyaf Group (ASG) and the BIFF (Bangsamoro Islamic
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,
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. 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
People’s Army). What about the Abu Sayyaf Group (ASG) and the BIFF (Bangsamoro Islamic
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
violations are committed, then let us not close our eyes and be blind to that. We should
If the AFP committed them, then we will be
22 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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
23 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
24 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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
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
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
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
Thank you very much, sir. Incidentally, the Chief of the Human Rights Office of the
Sir, we commend
25 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
26 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
27 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
28 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
Question and Answer:
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?
29 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Question and Answer:
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,
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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
30 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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
31 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
Question and Answer:
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?
32 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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-
33 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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
34 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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?
35 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
36 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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
house of Amparo, with some of them asking the neighbors about Amparo.
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
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.
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: 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
house of Amparo, with some of them asking the neighbors about Amparo.
Dada is a school teacher and the president of the faculty union in her school. Last
strike when they reached a deadlock in the
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
recently that the City Police Office maintains a file of records about
her, including records that are in her supposedly confidential 201 file
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
37 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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!
38 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
: 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
What we did was somehow modified. You were grouped per region because your
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.
Please review the Handbook because it gives you the objectives, activities, key learning
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
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. 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
What we did was somehow modified. You were grouped per region because your
rights situation would be more common. In the actual
AFP, PNP, CHR, CSOs. Why?
to present last, because they would be
Please review the Handbook because it gives you the objectives, activities, key learning
ize or synthesize your session.
Based Policing and Human Rights Defenders
you will notice that
even if it is a lecture, Maj. Ed was continually asking questions. That is effective to keep the
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
39 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
40 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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:
41 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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).
42 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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.
For the logo, she asked the participants what they saw in the picture. It elicited a lot of
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
For the logo, she asked the participants what they saw in the picture. It elicited a lot of
43 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
44 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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
background, how many are men and women, their ages, the language they use, 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.
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,
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
background, how many are men and women, their ages, the language they use, their
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).
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,
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
45 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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
Comment (PNP): Although we are transparent and open, we should not wash our dirty linen
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.
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-Isip and had eluded several attempts of
rrests before.
Sensing that there are police around, Jose Ruiz tried to run away.
will do the wrong
but the important
their names even
Comment (PNP): Although we are transparent and open, we should not wash our dirty linen
a role play activity.
PO3 Santos and PO2 Ramos are on foot patrol on June 28, 2013 (Friday) at
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
Isip and had eluded several attempts of
Sensing that there are police around, Jose Ruiz tried to run away.
46 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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 police. Unfortunately, the arresting officers do not
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 inside the police station.
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 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.
Dramatize the conduct of arrest and documentation process inside the
lice station.
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.
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.
PO3 Santos and PO2 Ramos ran after him and declare an arrest for
When caught, Eduardo Abuque insisted on seeing the warrant of arrest or
police. Unfortunately, the arresting officers do not
have the copy of the warrant of arrest. He resisted arrest and try to wrestle
Thus, PO3 Santos handcuffed him and brought him to the police station.
de the police station.
PO3 Santos and PO2 Ramos are already off duty and on the way home when
Dramatize the conduct of arrest and documentation process inside the
Barangay Captain Jose Mariano and Tanod Juan Sison are on the way home
s given for the preparations, then each group made their presentations. The
just to highlight
47 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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
point out what is wrong after the role play so people on the ground will no longer commit
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
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
ismissed, 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, 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
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. For the civilians,
they want to know are their rights during search, arrest and investigation. Do you have a
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. 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
this is a serious matter. Even if you have memorized it, it is still better if you read it.
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
point out what is wrong after the role play so people on the ground will no longer commit
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
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
ismissed, 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.
have to ask if they
, because we have seen a lot of cases where if the
proper search procedures were not followed, even if you were able to discover and
For the civilians, what
Do you have a
Miranda card? (Yes) Does it have a Cebuano version? (Yes). It’s really important to have that
is useful especially if things are getting
awkward if they
t debases their machismo, while
consider this because
this is a serious matter. Even if you have memorized it, it is still better if you read it.
48 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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).
49 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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
50 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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?)
Expected Output , Outcome or Objective
(Why? What for?)
Person/s or Agency
Responsible (Who?)
Time Frame (When?)
Resources Needed (Needs?)
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?)
Expected Output , Outcome or Objective
(Why? What for?)
Person/s or Agency
Responsible (Who?)
Time Frame (When?)
Resources Needed (Needs?)
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
51 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
[email protected] 09365443201
[email protected] 09175968872
[email protected] 09477424659
[email protected] 0917-8211049
[email protected] 09772104607/09088928253
[email protected] 09262111472
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.
52 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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.
I want to add to what Rene said when he mentioned that we have been doing this project for the
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
I want to add to what Rene said when he mentioned that we have been doing this project for the
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
53 Regional Trainers Training Session – Visayas March 9-13, 2015 at Cityscape Hotel, Cebu City
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.
54 Regional Trainers Training Session March 9-13, 2015 at Cityscape Hotel, Cebu City
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
Regional Trainers Training Session – Visayas 13, 2015 at Cityscape Hotel, Cebu City
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!