A PUBLIC STATEMENT OF THE PEOPLE'S CAMPAIGN AGAINST TYRANNY ON THE SIGNING OF THE ANTI-TERROR ACT OF 2020

DOWNGRADING QUARANTINE, UPGRADING TYRANNY

Authoritarian Upgrade in a Shrinking Democratic Space

July 4, 2020

At a time when the government relaxes Covid-19 quarantine in most parts of the country - except Cebu City and a few other areas - which hopefully would give relief to the Filipino people from the distress suffered under the pandemic lockdowns, comes the passage of the proposed Anti-Terrorism Act (ATA) of 2020. Despite widespread protest and opposition, the latest of which is the call by the Bangsamoro Transition Authority for the President to veto it, the Anti-Terrorism Bill was signed into law yesterday, July 3, 2020, a date of infamy. 

The Peoples’ Campaign Against Tyranny [PCAT] joins the growing and heightened rejection of the bill by many more concerned and protesting groups, on the bases of content, context, conduct and consequence.

Content

The definition of terrorism is so vague in its broadness that it is prone to be abused by proven abusive law enforcers seen in the bloody war on drugs. Provisions of the proposed law are dangerous because they violate the Constitution, specifically the basic human rights of the Filipino people.

For example, it allows warrantless arrest and detention of suspects up to 14 days and extendable by 10 more days or a total of 24 days without formal charges, while the Constitution allows only 3 days even under a suspended writ of habeas corpus or under martial law.

Likewise, it vests huge powers to the Anti-Terrorism Council (ATC) it creates [composed of 8 Cabinet Members and the Chair of the Anti-Money Laundering Council (AMLC)]—that  determines and identifies suspected terrorist/s and authorizes enforcers to arrest—a power the 1987 Constitution vests only to judges.  Consequently, this vests the president with almost absolute power.

Moreover, the ATA of 2020 deliberately omitted Section 41 of the Human Security Act 2007, which penalizes state agency or personnel for arresting and detaining a suspect eventually found innocent. Said agency or personnel would be required to indemnify the victim in the amount of P500,000 for every day of his/her illegal detention.  By deleting this section, the proposed ATL of 2020 paves the way for its abuse by enforcers.

The Anti-Terrorism Act of 2020 gives the President far greater powers than martial law with suspension of the writ of habeas corpus. Under the ATA2020, the entire country is placed in a permanent state of emergency rule that is more restrictive and punitive than martial law.

Context

Like a thief in the night, the bill is being processed into law at a time when people are restricted from holding mass gatherings due to quarantine protocols. With the prevalence of incoherent, disorganized policies in managing the pandemic that provoked criticisms from various quarters, it is not difficult to perceive that such bill is part of a design to silence dissent in this time of pandemic crisis.

Furthermore, the bill was certified as urgent by a head of state with penchant for meting ruin and/or revenge against perceived enemies, especially women—Senator de Lima is still in detention for trumped-up charges; Vice President Leni Robredo was forced to quit as housing secretary in December 2016 and fired as antidrug czar in November 2019; then Ombudsman Conchita Carpio Morales was hit with an impeachment attempt in December 2017; Ma. Lourdes Sereno was unconstitutionally ousted as chief justice in May 2018; Australian missionary Patricia Fox was deported in November 2018 for joining protest actions; and, Rappler executive editor Maria Ressa was convicted of cyber-libel on June 15, 2020.

In several speeches, President Duterte was quite outspoken about declaring martial law either as threat or inclination. He actually put Mindanao under martial rule for two years and has been vocal of his admiration of the former dictator Ferdinand Marcos.

Conduct

Since the outbreak of the pandemic, the people have been cowering in anxiety and fear due to the risks and threats to health and life brought about by Covid-19.  Such distress worsened when the Duterte regime unleashed a response to the pandemic dubbed as “war on the covid-19”. War being the framework of the response entailed the key role of state security forces in the subsequent declaration of quarantine and/or lockdowns in the middle of March, 2020.

Thus, the ensuing common sight, in many areas, of police and military forces—conducting checkpoints, doing searches, issuing warnings and threats, making arrests, rounding up violators and even shooting/killing a mentally ill former army soldier—is to acclimatize the people to a militaristic design that can happen sooner or later.

This militarized conduct of the Covid-19 response compounds further the angst and dread of the populace especially the poor and vulnerable—still agonizing from loss of jobs and livelihood; constricted mobility and space; and hunger—caused by the quarantine.

It is disturbing and alarming indeed, that amidst the combined public health and economic crises are  the arbitrary closure of ABS-CBN; the conviction of Maria Ressa and Rey Santos of Rappler News for the improbable crime of cyber-libel; and, the arrest of two netizens who offered online hefty “rewards” for anyone who can kill Duterte, the arrest and detention of six jeepney drivers in Caloocan City for “violation of quarantine protocols”, and of eight persons mostly from UP- Cebu for “illegal mass gathering” while protesting against the Anti-Terrorism Bill. These incidents undoubtedly send a chilling message not only to media people and cause-oriented groups but to the whole citizenry as well.

Consequence

 We firmly believe and are convinced the Anti-Terrorism Act of 2020 (ATA) would certainly curtail and impair the people’s basic Constitutional rights and therefore would sow fear and passivity that could ruin people’s economic initiatives and productivity and could engender more psychosocial, physical and mental health problems among the people, especially in the ranks of the impoverished majority that have been increasing exponentially during this prolonged COVID-19 pandemic. ATA 2020 narrows further our democratic space, choking the nation and people already gasping for fresh air of civil liberties and other basic human rights. Indeed, this tyranny sees no end in inflicting burdens on the people. This ATA appears to be the last straw that will break the camel’s back of Philippine democracy.

A Contradiction

IRONICALLY,  in moments when our Government should be very concerned about the people’s plight due to this global pandemic  they who vowed to defend and protect the people, to engage in more productive and liberating laws, are the ones bringing the people and nation to ruins, bondage and discord. The state comes up with an anti-terrorism bill purportedly to quell terrorism but in the process will terrorize the very same people they claim to protect from the same. Is this not state terrorism in the guise of an anti-terrorism act?

Call to Action

We call on all people of goodwill and faith, here and abroad, to register their stand against the Anti-Terrorism Act of 2020 in whatever form and capacity they can muster.

Reject Anti-Terrorism Act of 2020!

Resist Tyranny!

Defend Democracy!

Signed

Fr. Jose S. Bagadiong, Jr., SVD Chairman, AMRAMSOC PCAT Convenor	Sr. Evangelina Labanda, SFIC Provincial Superior, PSP
Fr. Ephraim Arciga, MSC Secretary, AMRAMSOC Vocation Director, MSC Philippines	Sr. Maureen Cariaga, OSB Officer, AWROC
Fr. Melencio Balay, Jr. SVD Chaplain, University of San Carlos	Sr. Malu Javier, DC Colegio de la Immaculada     Concepcion
Fr. Christian Buenafe, OCarm Spirituality Officer, AMRAMSOC	Sr. Agnes  Labitoria, SFIC St. Joseph School of Mactan
Bro. Simon Peter Jardinico, FFC Vice-Chairman, AMRAMSOC	Sr. Fausta Cabrillas, SFIC

Fr. Paul Yntig, SSP Treasurer, AMRAMSOC	Sr. Eufemia Villegas, SFIC
Fr. Renel Cabag, OAD Auditor, AMRAMSOC	Sr. Mariam Dungog, SFIC
Sr. Mercedes Salud, SFIC	Sr. Ailene Jamang, SFIC
Sr. Julienne Condrada, SFIC	Sr. Jocelyn Alado, SFIC
	Sr. Milagros Jayma, SFIC
Grace Magalzo-Bualat, MPS LIB University of San Carlos Faculty Member, USC Department of Political Science, School of Law & Governance	Rosario Sequitin, RSW Professor
Atty. Rounald A. Sitoy Lawyer/Activist	Atty. Magdalena M. R. Lepiten Co-Convenor, Cebu for Human  Rights (C4HR)
Atty. Anna Fionah L.  Bojos Co-Convenor, Cebu for Human Rights (C4HR)	Atty. Vincent Isles Chair, Cebu Action Group

Dr. Weena Gera Associate Professor, UP Cebu	Ritz Lee Santos, III Executive Director, Balaod Mindanao
Haley Atienza Executive Director PhilDHRRA	Brenda de Guzman Direct Service Program Staff TFDP-Visayas
Emalyn M. Aliviano Spokesperson Kilusan para sa Pambansang Demokrasya (KILUSAN Cebu)	John Wee, Jr. Coordinator Youth for Nationalism  and Democracy (YND Cebu)

            

No to Militarized Responses to COVID 19

April 24, 2020

Reference:  Emalyn M. Aliviano- 0932-357-6253

Spokesperson- KILUSAN Cebu

The high-handedness of local authorities in dealing with issues related to the current COVID epidemic in the country is alarming, especially as this happens under threats of “martial law-type of lockdown”.

The deployment of battle-ready soldiers and policemen and Armored Personnel Carriers (APCs) in imposing the “total lockdown” of Sitio Zapatera, Barrio Luz, Cebu City was indicative of the “martial law-type lockdown” threat.

The total lockdown was imposed after the City Health Office, declared the sitio of some 9,000 residents as “totally contaminated. It was presumed “the residents are infected” after the City Health Office has reportedly found positive cases of Covid-19 infection from testing done at the two end sections of the barangay.  That assessment was used as basis for the decision to discontinue further testing. At that point, 135 individuals have tested Covid-19 positive, after several tests were done since the first case was identified on April 12.

The residents, expectedly, were adamant at first because the first confirmed cases, instead of being moved to proper quarantine facility, were told to “self-isolate at home”. That was really a careless advice from the personnel of the City Health Office. Are they not aware that the houses in that congested community are too small to even do social or physical distancing? Covid-19 transmission is highly probable in this community. But uncaringly, succeeding cases of Covid-19 positive residents were also told to stay in the sitio, despite the community’s requests that they should be moved to a proper isolation or quarantine facility.   

To underscore its uncaringness or at least, carelessness, the City Health Office ceased COVID-19 testing without transferring the positively tested residents to hospitals or other proper quarantine or isolation facilities.  This is tantamount to criminal negligence! By not pursuing contact tracing and COVID-19 testing of other possible infected persons, the spread or transmission of the novel coronavirus within the community could not be determined.  Without doing these, however, the city government declared the community “totally contaminated”, i.e., a presumption of illness of all residents, without basis. 

Nearly all of the residents have had experience consulting with doctors. They know and understand that definitive conclusion of illness comes as a result of diagnosis – medical check-ups and tests. They want the continuance of testing; they demand protection of their health.  The Brgy. Captain, heeding the residents, formally filed an appeal to the City Mayor on April 17 for resumption of the testing. 

Yet over and above their reaction to the City Health Office’s assessment and decision of discontinuance of testing, a mix of anger, anxiety and fear is being sensed by people. The deployment of APCs to enforce the “total lockdown” left marked in the people’s consciousness the fear that they can be gunned down anytime. The order “shoot them dead” which was earlier told by Duterte to “his policemen” echoed in the collective memory of the residents.

The war is supposed to be with the coronavirus and the plague it is causing.  So why deploy the threatening APCs at all entrances to the barangay and sitio? APCs are meant against armed and visible enemies not the unseen virus. The presence and sight of these killing machines sent chilling message to all the people in Sitio Zapatera, Barangay Luz and to all people who could fall in the same situation later. Are the people in the barangay who fear the infectious and killer virus and are demanding their right to proper health care, now considered enemies of the state? If not, shouldn’t the city government sent the health and medical frontliners instead?

Though the local health office resumed testing after so much public demand for it, repression however is continuing. Ms. Maria Victoria Beltran, a two-time media awardee and well renowned writer/artist and a businesswoman, was arrested, without warrant, at the dead of the night (12:30 am, Monday) for her reaction to the presumption of illness of 9000 residents of Sitio Zapatera.  Her post read “9,000+ new cases (All from Zapatera) of Covid-19 in Cebu City in one day. We are now the epicentre in the whole Solar System “. 

The City Health Office’s assessment of the coronavirus infection in Sitio Zapatera, which saw print, was an overstatement and baseless. Without observing proper procedure and no proper diagnosis, the “assessment” is now proven factually erroneous. Succeeding tests showed only one resident tested COVID-19 positive on April 18, as per DOH report on April 19. 

Cebu City Mayor Labella called Ms. Maria Victoria Beltran’s posts “fake news” and that she is “criminally liable” for that. The Mayor maybe does not understand or has no aesthetic sense.  Ms. Beltran’s posts were certainly reactions done in exaggerated manner and with sarcasm and overstatement; a figure of speech used to underscore a point, but obviously, just that. In short, it was just a reaction to a grave injustice to the residents of Sitio Zapatera. 

Anti-virus or anti-people response?

Utterances and actions by the local government executive and by the police and military, which are consistent with authoritarian orders from the tyrant in Malacanang, are aggravating the people’s burdens and fears. They are making insignificant the heroic deeds and sacrifices of the medical, health and other front liners and the commendable initiatives and efforts of a good number of local government officials.       

Millions of people are hungry and have not received food or cash aids. Many of the people that should be given priority to COVID-19 testing are impatiently waiting for their turn. Despite this reality and Duterte’s “advices” like, “bear a little with your hunger, you will not die from it” and threats like “shoot them dead”, reactions or opinions that do not conform to announcements and claims by government officials can be considered a crime. “Violations” of ECQ rules such as stay at home, social distancing and curfew are crimes. In fact, anyone can be shot and killed for this.   

It seems public officials now are beyond reproach. The use of figures of speech is now illegal or criminal liability and one can be warrantlessly arrested at the dead of the night for that. The signals coming from the government are complications of misdeeds and delayed deliveries but very prompt with threats against freedom and human rights, especially right to life and right to health.

Threats and real curtailment of civil rights are continuing. Last April 17, additional 860 armed security forces from the Central Command and Regional Police Office were deployed to Cebu City. Is extending ECQ or lockdown of Cebu City mean transforming it into a war zone and not a public health crisis zone?

These successive incidents in Cebu City seem to confirm that martial-law-like lockdown will be done in this city and perhaps the whole of Metro Cebu. They have chilling effects that overshadow the chills brought by the COVID 19 pandemic-- the threat to our freedom, our civil liberties, and our lives.

These are trying times for all people, especially the most vulnerable poor and marginalized sectors of the population. They are already victimized several times over. First, their long-running deprivation. Second, the loss of jobs and livelihood because of the lockdown. Third, the illnesses that threaten the lives of their friends and loved ones; and, finally the fear and anxiety of the virus’ threats to their lives. These are lingering and are being enhanced by growing state tyranny.

Fear does kill too. Psychiatrists and psychologists can attest to it. The people are being inoculated with an overdose of threats by a tyrannical state.  THIS MUST END.

At this time of crisis, the people need healing and compassion, not intimidation. They need immunity, and protection from the virus. They need proper information and education about this health problem and not insensitive orders like “stay at home” and “do not go out”. They need concrete solutions to their health needs- face masks, testing kits, medicines, PPEs, hospital beds, ICUs, and ventilators, quarantine facilities, more doctors, nurses and medical technologists and other care givers. They need income and not to simply wait, endlessly, for alms. Flaunting authority and naked force will weaken the people against the virus but will build their resolve to resist repression.  

With the people, we demand no less than the utilization of public resources and public power to serve the people’s needs and interests.

Oppose militarization of responses to the COVID 19 epidemic in the country!

Assert and defend the people’s right to good health, to life, to freedom of expression and to all civil liberties. ###

An Open Statement on the Coronavirus Pandemic and the Contamination of Brgy. Luz, Cebu City

April 17, 2020

Reference: Emalyn M. Aliviano, Spokesperson

Mobile phone number: 0932-357-6253

Kilusan-Cebu expresses its utmost concern and strong objection to the government’s response to the coronavirus infection in the country, as exemplified in the case of Sitio Zapatera, Barrio Luz, in Cebu City.

There are reports of a policy to implement absolute lockdown of the community of Sitio Zapatera, Barrio Luz in Cebu City, supposedly because it is ‘considered totally contaminated’. Swab testing in the community has, reportedly, been subsequently withdrawn. Apparently, the DOH has given up on the community, and on the more than 9,000 people living there.

The following questions must be posed – is it presumed that everybody in Sitio Zapatera has been infected with the virus? How did they arrive at such conclusion? Have all the people been tested? And what are the government’s plan to minimize the damage to lives?

Sitio Zapatera in Bo. Luz is a 23, 690 sq. meter urban poor community of some 620 families. Like other urban poor communities, it is densely populated. Each family was officially provided only 30 sq. meter in 2004 by a Cebu City Legislation. Offspring, themselves poor, who eventually formed their own families added up to each household. Two to three families to a household have become common. Industrial and service workers, odd-jobbers, teachers, government employees – toiling people who make the factories churn out goods and who deliver essential services to society – inhabit Sitio Zapatera.

On April 7 the first case of coronavirus infection in the sitio were identified and on April 11 another two cases of infection were identified, presumably as a result of contact tracing. Though they tested positive, they were told to self-quarantine, in their home in that community, which in such types of community, means no quarantining at all. As expected, they infected 21 others, first some members of their family and eventually members of some other families in that congested neighborhood. The number of reported infections grew to 29 in April 15, to 53 in April 16, and to135 currently April 17. Of these positive cases, only 1 taken to the Vicente Sotto Memorial Hospital. The rest were again told to self-quarantine in that congested community.

The policy of absolute lockdown of Sitio Zapatera, with positive cases of infection among the residents,, is akin to putting these 9,000 people in a ship and sending the ship out to sea (akin to infected cruise ships); or putting them all in some enclosed rehabilitation center for detainees with infected persons among them. The virus will definitely spread, as it spread in the Diamond Princess Cruise ship (to more than 800 people, causing no less than 20 deaths) or in the Chicago prison, infecting more than 276 detainees and jail keepers. Yet in those two cases, for humanitarian reasons, under the presumption that society still value human lives, efforts were exerted to identify and isolate those infected and treat them, and save as many human lives as possible. It seems that such humane treatment cannot be accorded to the people of Sitio Zapatera. 

Government authorities are either ignorant, but more likely callous, to think that the enhanced community quarantine (as is, where is) when there are already known cases of infection, will work to contain the infection in urban poor communities.

These communities are the most vulnerable to local transmission of virus. Houses have hardly any space between them making ventilation poor. Each house, of some 25 to 40 sq. meter is normally shared by two or three families. For most residents, the roadside is the only available open space, where they can breathe some fresher air. Social distancing, much more, isolating those positive for infection, are simply not possible under such conditions. Worse, because of pervading poverty, people in urban poor communities are not sufficiently and properly nourished, nor properly treated for various illnesses; hence a considerable number of them have pre-existing medical conditions. The conditions in urban poor communities present all the ingredients for a massive spread of coronavirus.

To lock them down, with cases of infection among them, and withdraw efforts at identifying and isolating those infected in proper quarantine facilities, bespeaks of the virulence of moral decay that has crept into the highest echelon of our society. That is endorsing ‘herd immunity” and subscribing to the law of the jungle of ‘survival of the fittest’. But those concerned beasts, not human beings.

The government has sufficient resources at its command to prevent the unnecessary spread of COVID 19 and hence, loss of lives. We demand that it use these public resources to save the lives of our people:

1. Conduct community-level testing using the rapid tests being used by other countries. And hasten the process of bio-safe testing being done in laboratories. Hire the necessary health personnel for these –nurses, medical technologists, etc.; buy the necessary reagents for the test to be done.
2. Buy these testing kits from where they are being massively produced, possibly China, South Korea and Singapore – counties that have contained infection; do not simply wait for donations. Better still, mobilize local laboratories – of universities and pharmaceutical companies to mass-produce these test kits by subsidizing mass production through various means- subsidized credit, co-financing, tax incentives, and the like;
3. Set up the proper quarantine facilities for those positive of infection but without symptoms yet, and for those who have been exposed to persons who have tested positive (PUIs and PUMs); that would improve monitoring and ensure social distancing;
4. Treat those already sick; render hospital services and medicine accessible to them, free for those certified as indigents;
5. Evacuate vulnerable communities from the flood of infection to effect social distancing. This is a calamity; as in all calamities, evacuate and secure the vulnerable people.
6. Prepare, and disinfect for use, currently idle public facilities – school classrooms, school grounds, sports arena, and parks. When needed, tap the resources under the control of private individuals, corporations and organizations as the country clubs, private school grounds, and when necessary, under-occupied hotels, pension houses, apartels, and inns; Only by doing so can social distancing be practiced by the poor and can we put an end to this epidemic in the country.
7. Ensure the well-being, and protection for our frontliners, both in public and private hospitals. . Many have been infected already (7% of all infections) and more than 20 have died because of insufficient protection. Provide them all the necessary protection –N95 and surgical masks, gloves, protective gowns, headdress and shoe covers, soap and sanitizers – and more importantly, access to testing. Mass-produce those that can be produced locally. Hire all necessary personnel to prevent work overload. Penalize hospital authorities/owners who deny such protection to scrimp on costs. Provide free health insurance to uninsured health care workers, at least for the duration of this pandemic. Provide hazard pay to relieve them of pressures from their families’ daily needs. 
8. Fast-track the build-up of necessary hospital facilities and equipment – hospital space, hospital beds, ICUs, ventilators to prepare for any surge.
9. Meanwhile, ensure that every family has its most basic necessities – food on their table, soap and other toiletries for basic hygiene, clean water for drinking and personal use, others.
10. More importantly, empower the people with knowledge about this problem that is wreaking havoc on their lives.

Positions in government are sought for, as they entail authority and power. However, such are also paid for by the people and should always be treated as public trust. We now demand that such authority and power be used, not against the people, but in the service of the people, especially in this time of crisis. This COVID 19 pandemic now provides another crucible through which everyone in the supposed public service will be tested.

We call on all who value human life to join us in pursuing these calls. Let us work as one for our people in these times of need. ###