Since his disappearance in 2007, Jonas Burgos has been the poster child for the problem of enforced disappearances in the Philippines. While the Philippine Supreme Court under Chief Justice Reynato Puno had expressed its support for resolving these cases, and even promulgated new writs to help, thus far it hasn’t been able to bring the perpetrators to justice, much less find Burgos. Now, the Supreme Court has ordered the Armed Forces of the Philippines to produce Burgos… or else. Given the power of the AFP, it’s not clear whether the Supreme Court can enforce its order. Indeed, the Court also suggested that the AFP should be should be held in contempt for not complying with earlier orders to produce documents related to other disappearances. Still, the decision is perhaps a good sign that the Supreme Court under the new chief justice, Renato Corona, hasn’t abandoned his predecessor’s mission. Read more at PhilStar.
Category Archives: Philippines
Time to find Burgos…
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Filed under human rights, Human Rights Commission, Philippines
A hopeless suit
The United Church of Christ in the Philippines filed a suit for P6 million in damages against former president – and now Pampanga Representative – Gloria Macapagal-Arroyo with regards to alleged extrajudicial killings and enforced disappearances during her presidency. Here are some details from PhilStar:
In the 18-page complaint filed at the Quezon City Regional Trial Court, UCCP demanded that P1 million be paid to the organization by Arroyo for moral damages; P500,000 each for the relatives of the six supposed victims; P500,000 for exemplary damages and P300,000 each for litigation and attorney’s fees.
UCCP is bringing the suit on the legal theory of command responsibility, i.e. as president she commands the Armed Forces of the Philippines and is responsible for disciplining any human rights violations that occur.
It’s worth noting that other suits against AFP commanders, most notably Jovito Palparan, have failed to gain much traction in the courts. Plaintiffs need to provide clear evidence that the commander (or president) knew of the abuses, difficult even in the best of circumstances. However, one new factor in their favor could be Aquino, or namely whether the Aquino administration provides support for such suits. I’d be surprised if there were a major ruling against Arroyo, but then again the Philippine judiciary has always been full of surprises.
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Filed under ASEAN Intergovernmental Commission on Human Rights, Philippines
Philippine Replacements and Acquittals
I apologize as I’ve been traveling a bit and hadn’t had time to update my posts recently, but there are a few pieces of news from the Philippines.
First, Justice Carpio-Morales, the lone dissenter in the de Castro v. JBC case last year that paved the way for President Arroyo to appoint the chief justice, is resigning from the Supreme Court. However, she’s already decided what to do next. Merceditas Gutierrez had resigned as Ombudsman earlier this summer after facing impeachment complaints from the Congress. Justice Carpio-Morales is the frontrunner to replace her. Her nomination is being considered by the JBC right now. Whether she gets the position or not she is approaching the retirement age of 70 and must step down soon anyways, giving Aquino another Supreme Court seat to fill.
Second, the Supreme Court finally denied a petition to hold Senator Lacson liable for the murders of publicist Salvador Dacer and his driver. The case is from 2000 and had been litigated for quite some time. Dacer’s daughters sought to overturn a Court of Appeals ruling that cleared Lacson of the murder, but the Supreme Court found that they lacked standing. In particular, Philippine criminal procedure law gives only the state the ability to appeal the dismissal of a criminal action (with one or two exceptions of course). Sadly, given the problems Filipino human rights activists have faced in cajoling prosecutors to bring these cases, this ruling could limit the ability of advocates to pursue these cases through the criminal justice system.
Finally, the Marcus burial issue has yet to be resolved. However, Vice President Binay has proposed burying Marcos with full military honors Marcos’ home province of Ilocos Norte as a compromise. I haven’t seen any further word on the lawsuit brought by Marcos allies for him to be buried in the Libingan ng mga Bayani (national cemetery).
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Filed under Philippines
Impeaching plagiarism after all
Last time I’d discussed the allegations of plagiarism against Philippine Supreme Court justice del Castillo, the Supreme Court had exonerated him of intentional wrongdoing. Now, Congress, dominated by Aquino’s Liberal Party, is threatening to impeach the justice. The House Judiciary Committee voted in favor of proceeding and is now forwarding the issue to the floor. Of course, this all happens in the context of the ongoing tension between Aquino and the Court, so perhaps it’s not surprising that some on the party want to punish the Court for what they see as activist decisions…
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Filed under Philippines, Supreme Court
Updates from the region
Lot’s of interesting bits of news, but not of a lot of time to post them. Here are some samples:
Myanmar/Burma: Talk about the tables turning! The National Unity Party, formerly Ne Win’s Burma Socialist Programme Party, has urged the government to adhere to the rule of law and release all political prisoners. If anything, the courts under the BSPP (1972-88) were even more of a mess than Myanmar’s current judiciary. However, the NUP’s current statements probably reflect the fact that out-of-power dictators prefer to live under the rule of law, in the belief that legal procedures can provide them with some protection from the current elite. Still, it’s an interesting twist to Myanmar’s political dialogue. Personally, I hope the opposition continues its focus on the rule of law, as that might be more palatable to the elites than “democracy.”
Malaysia: Yet another twist in the infamous Anwar Ibrahim sodomy trial. This time, government chemists claim the DNA found in the alleged sodomy victim matched Anwar’s. I’ve already blogged frequently about the case, but needless to say it seems highly political. Asia Sentinel provides a good rundown of the case, the evidence, and the very suspicious circumstances surrounding the alleged “victim.”
Philippines: The Supreme Court cleared a Court of Appeals justice of charges of gross negligence after she accepted a fraudulent contract into evidence. The deed was apparently signed in 2008 by an individual who had died in 2001. It’s not clear from the article exactly what the justice knew at the time of the case. However, I’m left wondering why anybody forging a contract would rely upon a signature that’s so easily falsifiable!
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Filed under Anwar Ibrahim, Burma, Malaysia, Myanmar, Philippines
Dominic J. Nardi, Jr. 
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