Travesties on International Women's Day....

Today, March 8, is International Women's Day. It is on this day that we celebrate the achievements of women in various fields all over the world. This date has come to represent equality, justice, peace and development for all women worldwide.

The significance of this date has not been lost to us Filipinos, in fact the day has been marked by various activities from different groups commemorating the vital roles and contributions made by women in society.

Unfortunately, the importance of this day has been marred by overly apparent violations of various rights and laws by the members of the Philippine National Police (PNP).

This afternoon, Representative Risa Hontiveros-Baraquel was taken into custody while participating in a rally spearheaded by the Akbayan Citizens' Action Party and the Alliance of Progressive Labor (APL) labor organization. The rally was being held at the Mabuhay Rotonda in Quezon City, in celebration of International Women's Day. It allegedly did not have a permit.

Also taken into custody was Joshua Mata of the APL.

Was the "arrest" of Representative Hontiveros-Baraquel legal? I strongly believe that it isn't.

First point. As a member of the House of Representatives, Hontiveros-Baraquel enjoys parliamentary immunity. She cannot be arrested for any offense punishable by six years of imprisonment or less while Congress is in session. Section 11, Article VI of the 1987 Constitution provides:

Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No Member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.

Despite the clarity of this provision, our police officers have disregarded this provision in our Constitution.

Second point. Police authorities claimed that since the rally did not have a permit, it was automatically deemed illegal and as such subject to dispersal.

Again, I find this logic asinine, to say the least.

First of all, the Constitution expressly protects the right of the people to assemble and to express their grievances to the government. Section 4, Article III of the 1987 Constitution provides:

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

But what about the lack of a permit from the Mayor's office? The police claim that the rally did not have the appropriate permit as required by Batas Pambansa 880. Representative Hontiveros-Baraquel stated that they applied for a permit with the city government of Quezon City, but the application was not acted upon. The fact that an application was filed but was not acted upon automatically means that permit has been deemed granted. Paragraph (b), Section 6 of B.P. 880 provides:

(b) The mayor or any official acting in his behalf shall act on the application within two (2) working days from the date the application was filed, failing which, the permit shall be deemed granted. Should for any reason the mayor or any official acting in his behalf refuse to accept the application for a permit, said application shall be posted by the applicant on the premises of the office of the mayor and shall be deemed to have been filed.

Third point. Despite the fact that Representative Hontiveros-Baraquel and APL member Joshua Mata were forcibly taken into custody, the police have insisted that they were not actually arrested, but only "invited for questioning". How idiotic is that? There was no warrant, only the extension of an invitation for questioning, and yet the two were virtually manhandled into a waiting police vehicle for transportation to Camp Karingal. The police officers making the "invitation" weren't even in uniform, which makes their recognition as persons in authority impossible.

National Capital Region Police Office (NCRPO) Police Director Vidal Querol in a radio interview insists that if a rally doesn't have a permit, the police automatically have a basis for performing dispersal operations and to take rally leaders into custody. Shades of martial law if you asked me.

Representative Hontiveros-Baraquel intends to file charges against the arresting officers. I hope she kicks their ass in the proper forum. Violations of the law as blatant as this should not go unrecognized and unpunished.

It is appalling how little regard and/or knowledge our law enforcers have for law and civil liberties. As police officers, they should be enforcing the law, and not violating the law themselves. Ignorance is not an excuse. Rights are supposed to be protected, not violated. The Commission on Human Rights better have something to say on this.

This only goes to show what kind of leadership we have. Leadership which show no qualms over violating fundamental laws amd rights just to preserve its existence have no place in a democracy. But the way things are going, more and more it seems as if we are living under dictatorial rule instead of a real democracy.

This administration hardly showed any respect for the the 20th Anniversary of the EDSA Revolution. It isn't really surprising to see the lack of respect for International Women's Day.

What have we gotten ourselves into?

Links:

Baraquel released, to file charges vs cops