Wednesday, June 15, 2005

Arangkada for June 16, 2005

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                 UNAY SA TARI?
 
Si AFP Chief Efren Abu, di si kanhi NBI deputy director Samuel Ong, Atty. Allan Paguia o ang mga lider sa oposisyon, ang labing matulisok ning pagkabisto sa audio recording sa giingong panag-istorya nilang Presidente Gloria Macapagal-Arroyo ug kanhi Comelec Commissioner Virgilio Garcillano. Kay si Abu ray nakapangahas paglugpit sa dakong gahom sa Intelligence Service of the Armed Forces of the Philippines (ISAFP).

Ang ISAFP nga maoy gipasanginlang nagpakatap sa audio recording sa wiretapping nga ilang gihimo niadtong Mayo ug Hunyo sa niaging tuig igo lang nagpreserbar sa iyang teritoryo. Kay sa wa pa si Abu, direkta silang maka-report ngadto sa presidente. Ubos ni Abu, gipaubos na lang sila sa mas ubos sa military commands.

Si Presidente Arroyo bilib unta kaayo sa ISAFP. Pero tungod sa pagkapaso sa Malakanyang sa intelligence report nga manggubot ang mga dumadapig ni Fernando Poe Jr. atol sa iyang lubong, napugos ang presidente pagpaubos sa ISAFP kang Abu.

-o0o-

Ang pagduda nga ang ISAFP maoy utok sa wiretapping, nga unang nitumaw dihang gitaktak ang hepe ug gitanggong ang 120 ka operatiba sa ISAFP, karon gikalawat na bisan sa mga senador ug mga kongresista sa administrasyon. Si Kongresista Roilo Golez niawhag na gani nga relibohan ang AFP deputy chief, Admiral Tirso Danga, kinsa maoy hepe sa ISAFP atol sa eleksiyon sa niaging tuig.

Laing mga tilimad-on nga ang wiretapping wa itumong batok sa administrasyong Arroyo:

  • Klaro nga ang tinuod nga target sa wiretapping mao si Garcillano, di ang presidente, naatol lang nga nanawag si Presidente Arroyo sa telepono ni Garcillano, ug maoy hinungdan nga naapil ang tawag sa asawa ni Garcillano nga igo lang nagpakuha gikan sa shopping mall; ug
  • Wa gyod mokihol ang ISAFP pagbisto sa ebidensiya atol sa init nga iskutenyo sa eleksiyon ug sa paghusay sa protesta ni FPJ, nigawas na lang ang audio recording dihang gilaslasan nang Abu ang gahom sa ISAFP.

-o0o-

Sukwahi sa pangangkon nga wa pay kahimanan sa Pilipinas nga makapaminaw sa cellular phones nga nagamit sa bag-ong GSM technology, ang ISAFP gikatahong nakapalit og kahimanan niadtong 2002 nga makapaminaw og hangtod 500 ka cell phones sa usa ka higayon. Maong gawas ni Danga, sentro sab ron sa pagduda silang T/Sgt. Vidal Doble, ang gitumbok ni Ong nga tinubdan sa audio recording, ug Lt. Col. Allen Capuyan, hepe sa intelligence ug operations sa ISAFP.

Segun ni Glenda Gloria, managing editor sa Newsbreak, kansang report mogawas karon pang Sabado, si Senador Panfilo Lacson maoy usa sa unang nakakuha sa recording kay tawo niya si Doble niadto sa PAOCTF. Pero lisod toohan nga si Lacson ang utok sa wiretapping. Ug mas lisod toohan nga magbuotbuot silang Doble nga way pagtugot gikan sa labing dagkong mga opisyal sa ISAFP. [30]  leo_lastimosa@abs-cbn.com

Humor and Courage

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Posted by Avigail Olarte, PCIJ 

WE'VE seen this during the time of Erap. Once again, with the nation in crisis over the jueteng and wiretapping scandals, the Filipino sentiment is spiced with humor. Like what Joey Reyes wrote, "If they can laugh at a situation, Filipinos argue, they can rise above it."

I hear there's even a song in the making entitled "Buking." It actually has snippets of the conversations or something similar in it. And they now have a ringtone that goes "Hello…hello, Garci…?"

Here are some jokes going around through SMS and the Internet:

Sa dami ng mga batikos hindi magawang magsalita ng ating presidente.
Bakit?! ……………………….
Mahirap na. Baka mabosesan!

===

Latest news update: Iggy Arroyo is now practicing the voice of GMA.

A longer version:

News: Nakatakdang aminin ni Iggy Arroyo na siya ang babaeng boses sa tape. Napabalitang bumalik siya sa kanyang bayan para pag-aralan gayahin ang boses ni gma.

===

Woman: Garci, dy, pasahan mo naman ako ng load, este, ng vote….

===

Garci: Hindi ako nagtatago noh! Nakikipag-phonepal ako kay Saddam!

===

Opposition: Why can't GMA come out and say 'i'm not the ma'am in the tape'?

Malacañang: She doesn't want to lie.

===

Ang mga nangyayari sa ating bansa parang teleserye:

Yung jueteng scandal ang title "Mga anak ng jueteng."

Yun namang gloriagate scandal "Tap si glo!"

===

Babae: Lahat ng mga Arroyo ay magnanakaw.

Lalaki: Ang sakit mo namang magsalita.

Babae: Bakit? Isa ka ba sa mga Arroyo?

Lalaki: Hindi. Magnanakaw ako! 

===

Aba naman Gloria napupuno ka ng grasya.
Ang kayamanan ng tao ay sumaiyo na,
Bukod ka pinagpala sa babaeng lahat.
Pinagpala rin ang iyong angkan. Wala nang natira sa
AMEN.

===

Q: What special feature is added in the cellphones of Mike and Mikey Arroyo?

A: Call Jueteng.

Ssssshhhhh! Naka-wire tap, si Gary ito huh!

 

"Exercise your constitutional right
and distribute the tape"

LAWYER and blogger JJ Disini, director of the University of the Philippines Law Internet and Society program, blogs his reflections on the legal liabilities that those distributing and in possession of the tapes face with respect to Republic Act No. 4200, or the Anti-Wire Tapping Act. JJ, however, makes a case for the primacy of the people's constitutional rights of free speech and expression, and the freedom of the press, which he calls 'core values of democracy', over the right to privacy of the public officials involved. So at least, there's one lawyer whose services "violators" can tap in case things go awry.

For the benefit of those concerned, JJ also compiles in his blog some Supreme Court cases involving the anti-wiretapping law. 

 Exercise your Constitutional Rights and Distribute the Tape

I'm still amazed that the local Internet community has not seen it fit to distribute Atty. Sammy Ong's infamous tape at all.  So far, only the PCIJ bloggers have risen to the occasion by posting it here. It must be a resource issue. At more than 160 megabytes, hosting the tapes on-line means using up one's monthly bandwidth in a day.

I understand traditional media outlets have succumbed to pressure from the government and have resigned themselves to discussing the existence of the tape without giving the public the benefit of hearing its contents first-hand.

In this case, the government pressure has taken the form of a threat of prosecution emanating from the Justice Secretary himself. The charge? A violation of the Anti Wire Tapping Law (R.A. 4200) which prohibits not only the unauthorized taping of private conversations, but also: (a) the possession of such tapes with the knowledge of their nature as illegal wiretaps; (b) the replaying of the tapes to any person; and (c) to communicate the contents thereof either verbally or in writing, such as the provision of transcripts.  The potential jail term, if convicted, ranges from six months to six years.

Additional pressure has come to bear from no less than the National Telecommunications Commission which has threatened to cancel TV and radio network licenses if they "use their facilities to broadcast or telecast false information or willful false representation."The NTC reasons that the unauthenticated tape constitutes false information.

Under the circumstances of this case and given the issues involved, I believe the proposed prosecution by the Justice Department and the threatened action by the NTC against media outlets and all other persons engaged in the distribution of the tape would be unconstitutional.  These acts of the government are, in my view, violations of our basic freedoms as citizens of this Republic.

Of course, this assumes that the tape contains indeed illegal wiretaps.  As of this writing, none of the persons whose conversations were recorded have come forward to categorically admit the authenticity of the tape.  Press Secretary Bunye has withdrawn his initial representation that the conversation between the President and "Gary" took place but the tape was doctored.  At least Commr. Garcillano can be credited for his consistency — he has from the beginning denied that it's his voice on the tape.  These series of denials on the part of the administration leaves the Justice Department without a complainant.  Legally, the threat of prosecution is a hollow one unless the DOJ can present someone who can assert that the tape is indeed an illegal recording.

Still, empty threats have been very successful in suppressing the distribution of the tape and like the unauthorized biography of Former First Lady Imelda Marcos a quarter century ago, the CDs will have to go from person to person in innocent-looking discs.  Eventually, enough people will hear it and draw their own conclusions.

I find it especially disturbing that the NTC has added more obstacles to the tape's dissemination by acting effectively as a censor.Since when has the NTC been the arbiter of content on the air?I thought this was the job of the MTRCB.

In no uncertain terms, I take issue at how the government has reacted to this issue.  Since it was Malacañang itself that released the tapes and played portions thereof to the media, then criminal liability should first be placed at its feet and the NTC should question the Press Secretary for disseminating "false information."  That aside, it should be stressed that the government's reliance on RA 4200 or upon the NTC's regulatory authority over broadcast companies cannot be taken solely at face value.  There is more here than a violation of a penal statute or broadcast policies.

While the President, Comelec Commissioner Garcillano, and others can invoke their Constitutional right to privacy of communications, the courts have already held that a public official's right to privacy is diminished when the subject matter is one impressed with public interest.  There is no doubt that the tapes fall squarely within that category because they tend to assail the integrity of the 2004 national elections and impose criminal liability upon Garcillano for violating anti-graft laws.

Moreover, the privacy claim must be taken in the context of other Constitutional rights in particular, free speech and the freedom of the press.  Since the tapes implicate the sanctity of the vote — a core value in a democracy — its distribution and public discussion is absolutely necessary.  The distribution of the tapes forms part of political speech and should be entitled to the highest form of Constitutional protection.  Free speech was designed precisely to encourage an unfettered discussion of matters involving the State because an informed polity is vital in a functioning democracy.  The political fortunes of one administration cannot trump the people's inherent right to discuss and debate about matters that affect them and their government. 

Our courts have upheld the rule that the State is not permitted to impose prior restraints upon the media except upon a "clear and present danger" of substantive evil lawmakers that the State has a right to prevent.  The administration has not demonstrated that a "clear and present" danger extends beyond its own survival.  The prior restraints employed by the government are the threatened prosecution under RA 4200 and the potential revocation of broadcast licenses.In both instances, the Secretary of Justice and the Chairman of the NTC are abridging free speech and press freedom.Since they are both lawyers, one can only assume that they are fully aware that their acts violate their sworn oath to uphold and defend the Constitution.

We must also remember that the right to suffrage is also involved here insofar as the results of the previous elections may have been determined by things other than the votes cast.  I would think that the Constitutional right to suffrage, free speech and the freedom of the press would far outweigh the President's, a Constitutional Commissioner's or any person's claim to privacy.

Constitutional values at stake here and the administration's various efforts to restrain the distribution of the tapes trample upon Constitutionally-protected rights.When the Constitution says "(n)o law shall be passed abridging the freedom of speech, of expression, or of the press," it means neither Congress nor the Executive can promulgate any law or executive order to limit the exercise of such rights.To the extent that RA 4200 is being used by the government to restrict the people's freedom of speech vis-à-vis the tape, it violates the Constitution.To the extent the NTC seeks to impose penalties upon the broadcast industry if it airs the tape, this also violates the Constitution.

In addition, various government officials may also be personally liable under other laws.The Civil Code for example holds any public officer or employee liable for violating a person's Constitutional rights and liberties.Administrative penalties may be imposed under the Code of Conduct and Ethical Standards which requires public officials to "uphold the Constitution and put loyalty to country above loyalty to persons or party."Other potential liability may involve the breach of that official's oath to uphold the Constitution and in the case of the President, a ground for impeachment.

In conclusion, the distribution of the tape in question is not a criminal offense simply because this is an exercise of one's freedom of expression and any attempt by the government to prosecute a person for violating RA 4200 in this instance would be unconstitutional and invalid.The same would be true for any sanction the NTC may impose upon broadcasting companies which air or play the tape in public.

Now, can we move on and figure out other ways of distributing the tape?

Inside Track

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Remembering Barbers

In case you missed it, Studio 23 recently aired an ad of former Senator Robert Barbers. It was practically a rerun of his advertisement in last year's senatorial campaign minus the "vote for me" part.

The only upcoming election we are aware of is the one in the Autonomous Region in Muslim Mindanao, and we doubt if Barbers is planning to get involved in that. So did the TV station make a mistake? Was the station manager dozing off when the ad was aired? Probably.

There could be one rationale for the ad, though. It is, after all, a year since the last national elections. Those who ran but lost in 2004 are no longer banned from getting appointed into office.

Was the ad the former senator's way of reminding the people in Malacañang that he's just around and therefore qualified for public office? Remember that Barbers was Interior and Local Government Secretary before he became senator in 1998. And pray, what position could he be angling for? A possible clue lies in the things the senator promised to fight against in his ad: crime, terrorism, and illegal drugs. Incumbents in offices involved in these areas, watch out.


Power of the Press

Here's some juicy info from a reader who read our story on the lifestyle pages of newspapers (NEWSBREAK, May 23, 2005): "There is this Lifestyle editor of a major paper who's now in New York with her husband enjoying the cherry blossoms in early spring while we ordinary mortals are stuck in the oven. On whose account, I don't know. But if you would care to investigate, you'd find more juicy, revealing details about her, well, lifestyle. Like where she lives and the cars she is chauffeured in. But I suggest you don't zero in on this poor jetsetter. Examine as well the lifestyles of the other Lifestyle editors and see how they've used their positions in pursuit of la dolce vita. They may not be as blessed and aggressive as the one I earlier cited, but they all belong to the same class of overachieving journalists. Talk about power of the press."


Challengers Gearing Up

Winners of the 2004 local elections have been in office for exactly a year this month. That's too long for the people they defeated and who want a rematch, or for those who want to replace them. So challengers for various local positions—most especially for governor and mayor—are now busy searching for strategists and operators who will build their organizations and run their campaigns come 2007.

According to political operators that NEWSBREAK spoke with, a two-year preparation before the polls is normal for the following aspirants: those who were defeated in the past by the incumbent; those who held one position before but are running for another position for the first time; and those who are political virgins.

Such huge preparation is understandable since, one operator said, incumbents have the edge of "campaigning every day" through their official duty to assist families with "KBL" needs. KBL here stands not for a political party but for kasal-binyag-libing or wedding-baptism-funeral.

As far as we know, some challengers for various positions in Metro Manila, Northern Luzon, and Southern Luzon have hired their backroom boys (and girls) for the 2007 elections. Our lips are sealed as to the specific localities where our sources say they've forged agreements with clients. The only clue we can give is that most of these clients are going to challenge incumbents who will be running for their second term.

One of our sources said a challenger has a bigger chance of defeating an incumbent who is seeking a second term. Voters tend to look kindly on incumbents who are running for a third and last term. "The voter attitude is 'pagbigyan na natin, huling term na naman,'" one operator said.


Malabon-Navotas Musical Chairs

The outgoing congressman of Malabon-Navotas, Federico "Ricky" Sandoval II, is weighing his options on what position to seek in the next elections.

He may run for mayor of Navotas, but he would be facing reelectionist Toby Tiangco, who, our sources said, wouldn't agree to swap positions with Sandoval until he (Tiangco) reaches the term limit for the mayor (which will be in 2010 yet).

Sandoval may run for mayor of Malabon, but this could confuse the voters. In past elections, he was registered in Navotas. But he can always transfer his residence to Malabon, which his wife Jeannie did in 2004.

Registering in Malabon in time for the 2004 elections, Mrs. Sandoval ran for mayor but lost to Tito Oreta. The latter, brother of a former mayor, will be running for reelection and will therefore be Ricky Sandoval's strongest rival.

Wherever Ricky will run for mayor, his wife will run for the position he will be vacating in Congress. But that will be a difficult battle. Because then, Jeannie will be up against former Congresswoman Tessie Aquino-Oreta, or the latter's daughter Rissa, or—if the shift to parliament happens before 2007—Loren Legarda, who's a registered Malabon voter.


Does Arroyo Have an 'Anting-anting'?

After the untimely death of opposition presidential candidate Fernando Poe Jr. last Dec. 14, 2004, from "pulmonary arrest secondary to cerebral infarction" or stroke, another leader of the opposition almost succumbed to a fatal illness.

Horacio "Boy" Morales Jr., former Communist rebel leader and agrarian reform secretary of former President Joseph Estrada, had to undergo an emergency triple bypass at the Philippine Heart Center last May 10 after experiencing headaches and breathing problems.

Although he's not in the same league as the opposition's high-profile leaders, Morales has been the mover of Estrada's political party, Puwersa ng Masang Pilipino (PMP), which he has tried to rebuild and sustain after Estrada's fall from power in January 2001. In addition to his organizing skills, Morales is also a coalition builder and mediator to diverse political groups and leaders, talents he used in building the Left's National Democratic Front in the late '70s and early '80s.

Quipped an opposition source after learning that Morales nearly went the way of FPJ: "Mukhang may anting-anting (amulet) yata si GMA [President Arroyo]." Morales is expected to keep a less hectic work load in the political opposition's backroom operations.


Her Secret to Good Health

One of President Arroyo's secrets to keeping healthy—and outliving her political opponents—is the country's new sports craze, badminton.

Mrs. Arroyo is said to have picked up badminton two years ago. She now plays regularly in Malacañang Palace where there are two badminton courts, said an informant who's a badminton aficionado.

Obviously, the President does not get her sweat and fitness training from playing with the horizontally-challenged First Gentleman Mike Arroyo. "She plays badminton with her aide and security," the informant said. "She plays at night before she sleeps."


President Rabusa

Remember him, Lt. Col. George Rabusa?

Like his boss at the defunct military comptroller staff, retired Maj. Gen. Carlos Garcia, Rabusa is detained in Camp Aguinaldo, awaiting the verdict on the charges of unexplained wealth leveled against him.

But his detention doesn't mean he should be out of power, or so his loyalists claim. You see, until all hell broke loose, the hotshot Rabusa was president of Class 1981 of the Philippine Military Academy. His election as class president was expected, for as we had previously reported, he dispensed favors like a godfather, someone whom a classmate could run to when in dire financial straits.

Of course, things have changed. After he was jailed, the class—for obvious and practical reasons—decided to elect a new president. Another officer was thus elected to the post. But this didn't sit well with Rabusa. His friends in the class insisted that he was still their president. So the presidency went back to him. Perhaps Rabusa has watched too much Erap on TV?

Newsbreak on Media Killings

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In the Line of Fire (1)
By Ma. Diosa Labiste
Reporter
THE PHILIPPINE press is said to be among the freest in the world, yet it has a record number of journalists killed last year—a total of 13, an average of one each month. This has alarmed press freedom advocates here and abroad because it would seem that Filipino journalists, especially those in the provinces, are working in the shadow of death.

Part of the difficulty in dealing with the problem lies in how the victims have practiced journalism. Some had entered into conflict-of-interest situations; they broke ethical standards and even carried guns. This isn't surprising. The environment in which many Filipino journalists practice their work is challenging: poor working conditions, low or no salaries, and a culture that does not encourage debate but allows the use of guns to settle disputes or to talk back to a critical media.

This context is lost in the count of murders released by local and international press organizations. They showed the danger spots where journalists carry out their work, and often these are places far from the capital, hemmed in by conditions of fear and poverty, crime and corruption. They showed who among the journalists are more vulnerable. But they do not clearly explain why last year, for example, more than a dozen were killed, twice as many as the previous years. They fail to explain the impunity surrounding the killings.

The answer lies in the contexts in which the killings took place. And the solutions to journalist killings demand more than effective police performance or making the justice system work for the victims and their families. Harping on the police solution is being shortsighted because it means losing sight of the bigger issue, which is to ensure that a professional media can operate freely in a democracy, however fragile the latter may be.

Press freedom advocates say that one way to prevent killings of journalists is to practice responsible and ethical journalism. They suggest the use of mechanisms for self-regulation that promote responsible journalism. But the Philippine press has limited experience in making press councils work.

There are mechanisms for self-regulation being tried out in the Philippines, but they require more than strong media associations and institutions to check excesses and prevent more deaths of journalists. These mechanisms recognize public participation to pressure the press to properly perform its watchdog role.

Others push for the practice of public or civic journalism, which calls for a more participative and critical but less combative treatment of stories. Forerunners of civic journalism say this style, which tries to involve all sectors in solving a community problem, lessens the possibility of reprisal.

Caught in Local Politics

The complexity of the problem is best illustrated in the case of broadcaster Elpedio "Ely" Binoya of General Santos City, who was killed on June 17, 2004. Ten days before, three people, among them a relative of a mayor who won in the May elections, mauled Binoya, prompting him to file charges against them; those charges were contained in the affidavit that he had tucked in his shirt before boarding the motorcycle that would bring him home.

When Binoya approached the intersection near his house in Batomelong, General Santos City, two men on a motorcycle chased him; one of them shot him thrice. Binoya fell off his motorcycle. The gunman wanted to make sure that Binoya was dead; he shot him once more before he and his companions sped away.

The killing ended Binoya's 24-year work in radio. He joined DXDX as a volunteer reporter in 1982 after quitting his job as an electrician in a hotel near the radio station. Years later, he used his savings to lease a franchise of Radyo Natin, a community radio in Malungon, Sarangani province, and became its manager.

As a broadcaster, Binoya sided with the underdog. He did not only report on labor disputes but joined workers in the picket lines. His wife and colleagues said Binoya wasn't a saint; he had shortcomings and biases. He supported some politicians during the hotly contested May 2004 elections and his stinging commentaries earned him enemies. Two suspects in Binoya's murder, one of them a local political leader, surrendered in August 2004.

Binoya was the second journalist killed in 2004, the 63rd slain journalist since the restoration of Philippine democracy in 1986. Since 2003, when seven journalists were killed, the Philippines has been closely monitored by international media organizations. That year, it joined Colombia in the list of countries where journalist killings had turned for the worse.

Patterns of Risks

From the summary of cases released by the National Union of Journalists in the Philippines (NUJP), a guild that campaigns for the safety and welfare of Filipino journalists, patterns of risk have emerged. Many of the murders happened in the provinces and the victims were targeted for their coverage and hard-hitting commentaries on local corruption and crime. Consider the following cases:

1. Apolinario Pobeda, a broadcaster, was shot dead by two men on a motorcycle while he was on his way to work at DWTI radio station in Laguna on May 17, 2003. Reports said his death could be due to his commentaries linking some local officials to the spread of drugs and gambling.

2. Noel Villarante, reporter of radio station DZIV and local newspaper Laguna Score, was gunned down on Aug. 19, 2003. Villarante had criticized authorities for corruption.

3. Ruel Endrinal, a political commentator with DZRC in Legazpi City, was shot dead by unidentified assailants on Feb. 11, 2004. His family and colleagues believed he was killed for his scathing on-air criticism of local politicians.

4. Gene Boyd Lumawag, a photojournalist, was shot dead while he and a colleague were working on a governance story in Jolo town in southern Philippines on Nov. 12, 2004.

5. Herson Hinolan, popularly known by his radio name, Bombo Boy, station manager and anchor of dyIN Bombo Radyo in Kalibo, Aklan, was shot on November 13 and died two days after. It was believed that Hinolan was killed for his blunt commentaries.

The police have yet to identify suspects in 11 of the 20 killings in the last two years. Of the 60 murder cases since 1984, only two have resulted in conviction, according to the NUJP. "On paper the numbers [of media killings] look pretty bad," said Carlos Conde, NUJP secretary general.

But there are questions about why they were killed. In fact, in 2004, not every slain journalist's name found its way into the lists maintained by two media organizations, the NUJP and the Freedom Fund for Filipino Journalists (FFFJ), and the Philippine National Police (PNP) under Task Force Newsmen. Each group believes that its list is fairly accurate after verifying whether or not a journalist died of a work-related cause.

The NUJP, with more than 30 chapters and organizing committees all over the country, has the most extensive list of journalists killed in the country. As of January 2005, it had on its list 63 journalists killed since 1986; seven killed in 2003; and 13 in 2004. The NUJP's list was initially based on the count released by the Center for Media Freedom and Responsibility (CMFR) and the defunct Philippine Movement for Press Freedom, which monitored press freedom violations in the 1980s. But in 2003 and 2004, when the NUJP became active after some years of hibernation, it expanded its count to include cases not found in databases of other media associations.

The NUJP list includes cases where the cause of killing was unclear or the motive for attack was unknown. Conde explains that unless future evidence points to the contrary, they assume that a journalist was killed because of his work.

Another group that tallies the casualties in the Philippine press is the FFFJ, which was established in January 2003 primarily to give assistance to families of victims of violence against the media, especially those in the provinces. The FFFJ is composed of five major media organizations in the Philippines, namely, the CMFR, the Center for Community Journalism and Development (CCJD), the Kapisanan ng mga Brodkaster sa Pilipinas (KBP), and the Philippine Press Institute (PPI). Ermin Garcia Jr., publisher of Sunday Punch, and Danilo Gozo, publisher of the US-based Philippine News, sit in the FFFJ.

Lower Count

The FFFJ's count is lower at 49. The CMFR, which keeps tabs of the list for FFFJ, said the list does not include journalists whose killings were due to robbery or a family feud. The CMFR evaluates each case based on reports from police and statements of members of the victim's family and the editor or station manager.

The FFFJ's database listed only six journalists killed in 2004, seven names less than that of the NUJP. Because of "unconfirmed motive," the FFFJ list left out Eldie Gabinales (also known as Eldy Sablas), Jonathan Abayon, Allan Dizon, Fernando Consignado, and Romeo Binungcal.

Radio commentator Gabinales was killed in Surigao del Sur by a still unidentified assailant who shot him thrice from behind. One motive believed behind the shooting was his tirades against gambling operators, drug dealers, and illegal loggers in Surigao del Sur.

Dizon, photographer and reporter for The Freeman and its sister publication Banat News, was shot dead on Nov. 27, 2004, in Cebu City. His colleagues said Dizon exposed illegal drugs and gambling operations; others said he gave the police information on drugs and gambling.

Consignado, a correspondent for the Manila-based Roman Catholic radio station Radio Veritas, was found dead on Aug. 12, 2004 in Laguna with a single gunshot wound to his head. His colleagues said his killing could have been due to his work as a journalist. Police said his report on small-town corruption had angered local officials.

Binungcal was riding his motorcycle when he was shot dead by armed men. The police have not established the motive for his killing and have not identified any suspect. Binungcal was a former commercial photographer plying his trade along rows of nightclubs in Sta. Rosa, Pilar, Bataan. He wrote crime stories for Manila-based tabloids Remate and Bulgar.

Criticized by journalists for slowness in solving the murders of journalists, the police created Task Force Newsmen in 2004 to investigate the killings. Police data included 16 cases in 2004, among them deaths related to robbery like that of Today business news editor Jose Luis Villanueva and Iloilo City television news presenter Christopher Misajon. Of the cases in 2004, six were classified NWR or not work-related: Gabinales, Binungcal, John Belen Villanueva, Misajon, Consignado, and Abayon. The task force said that Gabinales was not an accredited journalist; that Consignado was gunned down over a land row; and that Abayon was killed after a drinking spree.

Legitimizing Pseudo-Journalists

Eduardo Jalbuna, president of the Iloilo Press Club, says that determining the cause of death is important. Journalists need to draw lessons from these cases to prevent future killings, he says.

It is tough to make a judgment on whether a journalist was killed because of his work or not. Red Batario of the CCJD said there is always a debate—unless a clear-cut case presents itself—whenever press freedom advocates attempt to determine the cause of a journalist's death. He said many journalists work on several stories at the same time and disdain coordination with editors, thus making it difficult to sometimes get to the bottom of a killing.

Batario said there are also unscrupulous journalists who use their work to extort money or favors, and consequently make themselves vulnerable to attacks.

He said that the media's role as a watchdog should not be made at the expense of ethical standards. The problem with not investigating every journalist's death is that it might lend legitimacy to pseudo-journalists or glorify the actions of those who were slain in the practice of something other than journalism, he explained.

The other vulnerability may have to do with the medium. Fourteen of the 20 journalists killed in 2003 and 2004 in the NUJP list and 15 of 17 in the FFFJ list are radio broadcasters. There are at least 600 radio stations in the Philippines. Radio remains the most popular and powerful medium in the provinces.

Radio listeners are accustomed to hearing blunt words from their favorite commentators. Station owners encourage this as a tool to drive the ratings up. Bombo Radyo network, which had its share of radio personalities killed, encouraged feisty commentaries in its primetime evening show "Zona Libre." In an interview with Life Today newsmagazine, Jenil Demorito, Bombo Radyo area manager for Visayas, said they don't balk at airing their views and commentaries: "Our guidelines on how to expose an issue are clear. If it is the truth and it concerns the public interest, we should have it aired."

Radio commentators, by exposing wrongdoing in the government and the private sector, cause quick resolutions of local problems. They often put to shame powerful persons in the community. In the process, however, they sometimes fall short on facts and context to help the public understand an issue better.

The seeming closeness of radio and even local newspapers to their audience has its downside. Visayas Examiner publisher Jalbuna said that in the provinces and small cities relationships are on a personal level. "Criticisms are not taken as something against one's work, conduct, or position. Criticisms are often construed as attacks against the character of a person. In big cities the aggrieved parties may sue, but in the provinces they take personal actions against the journalist," he said. These personal actions could range from befriending a journalist to bribing or killing him.

Block Timers

The race for ratings and competition has also influenced the way radio stations operate. Some stations in the provinces are not making money, and the easy way out is to sell its airtime to part-time broadcasters in chunks called "block time."

Broadcaster Endrinal was an anchor of a block-time program before he was killed. He did not only tackle corruption in his time slot, he also filed cases against a former governor whom he criticized on the air.

Block-time programs are heard all year-round, but they are more frequent during the election season. "Block-time anchors do the demolition job; they are good in character assassination. They specialize in lambasting and they seem effective," said Ernesto Dayot, columnist of the Visayan Tribune in Iloilo City, who once handled block-time programs for some Iloilo politicians.

Not bound by any rules of the news organization, block-time broadcasters can say anything they want. Block-time program anchors start and end with disclaimers that their opinions are their own and not of the management and staff of the station. While it makes money, the block time system is a bane to the broadcast industry.

Lobrigo said block timing brings problems because it tolerates the hiring of anchors who are answerable not to the news organizations but to the persons who pay them.

Press Cards and Salaries

Indeed, the story of the local media is a sad one.

An anecdote goes that on a journalist's first day of work at a radio station, he asked the owner about his salary. The smug owner replied: "Why are you asking about salaries? I already gave you a press card." It's a tale aimed at driving home a point: many owners of news organizations don't take care of their employees.

A survey by the NUJP last year noted that the average monthly income of a reporter in Davao is P3,700 and in Baguio, P3,500. Of some 250 journalists surveyed in both cities, 80 percent said they were not covered by social security benefits, and 75 percent did not have health insurance.

Many radio reporters in Bicol region solicit advertisements to earn a 40-percent commission because they do not draw salaries from their news organizations, said James Bandol, a block-time anchor and a reporter in Legazpi City.

Luis V. Teodoro, former dean of the University of the Philippines' College of Mass Communication, said that many journalists in the communities are caught in a web of complex relationships in which they accumulate enemies.

Some journalists cross the line and moonlight as a real estate broker, taxicab driver, or public relations person, among others.

Yet, in the community they are known as journalists or media practitioners because they work or have access to radio and television stations and newspapers, whether published regularly or occasionally.

But there are local journalists who struggle to be independent. The PPI, which represents more than a hundred newspapers, said there are newspapers in cities outside Manila where journalists are competent and ethical despite their poor working conditions.

Outside the media environment, the killings of journalists happen also because of the inability of the police to maintain law and order to protect citizens. And the courts do not punish the killers fast enough.

In its assessment of the role of Task Force Newsmen, Police Senior Supt. Rodolfo Mendoza said there has been no negligence on their part to bringing killers to justice. He said that out of 60 cases of journalist killings in the Philippines, 33 were filed in court while 27 are still under investigation. Of the cases filed in court, four were dismissed, 25 are undergoing trial, and five produced convictions. He attributed the difficulty in solving the cases to the reluctance of witnesses to testify probably because of the publicity that the cases have generated and the power that the suspects wield in the community.

But the NUJP recently criticized the police's claim that it had solved the cases after filing charges in court. Under its definition, the PNP doesn't even have to make an arrest, only identify the suspect, and it can declare the case solved, said the NUJP.


Read Part II

 

In the Line of Fire (2)
By Ma. Diosa Labiste
Reporter



Life is Cheap

Many of the cases arising from killings that took place in 2003 and 2004 have reached preliminary investigation, but the suspects have not yet been indicted. Trial cannot start for lack of witnesses. In some cases such as the killing of Villanueva, Pala, and Binungcal, there are no suspects.

Some of the witnesses were put under the government's witness protection program, but others declined because they did not trust the police. Their fears are not unfounded. Edgar Amoro, the main witness to the 2002 murder of Pagadian editor and broadcaster Edgar Damalerio, was killed on Feb. 2, 2005. Amoro had been asked to leave Pagadian because he was constantly followed by armed men, but he refused. The main suspect in Damalerio's killing is police officer Guillermo Wapile, who once escaped while under police custody but surrendered late last year.

"Life is cheap in General Santos City. For P2,500 to P5,000 you can hire a vigilante killer," said one reporter. The involvement of guns-for-hire in the killings of journalists was noted by members of an international fact-finding and safety mission to the Philippines last January 25 to 31. International Federation of Journalists delegate Gerard Noonan, a senior writer of the Sydney Morning Herald, said there is a "widespread culture of violence tolerated and even condoned by Philippine government officials.... When such culture is allowed to flourish at an official level, it is little wonder that aggrieved local strongmen or political figures turn to hit men to get even with the media."

Because carrying guns and weak law enforcement cannot guarantee the safety of journalists, national media organizations have been asking journalists to clean up their acts, report responsibly, and educate the public on the role journalists play in society.

Connecting with Communities

The CCJD has been training journalists in the provinces to be more responsible and creative when reporting issues. The center champions public journalism, which allows journalists to connect with communities to dig out the issues, foster debates, and find solutions to local problems.

Veteran journalist Vergel Santos said that civic journalism is suited to community conditions. It tackles local gut issues and tries to involve every sector of the locality, turning the press into a catalyst for community action.

Enlisting public support to discuss and find solutions to issues are important, said Batario. While journalists can expose a wrongdoing, or a crook, the subject of the exposé can stonewall the investigation. Unless there is a public clamor to redress a grievance, nothing will come out of an exposé, he said. As it happened, some of the slain journalists singlehandedly filed graft cases against government officials in their communities, without waiting for citizens' groups to move.

There are media groups and institutions that have responded to make the practice of journalism safer and relevant to a larger sense of public duty. They have suggested the strengthening of self-regulation through press councils, training to hone the skills of journalists, and policies and guidelines for dangerous assignments.

CCJD's Batario said the citizens' press councils are fairly new and still in their formative stages, so it would be difficult to determine their effectiveness in responding to complaints, much less in preventing killings or violence. But they hold the promise and hope of bridging greater understanding between media and citizens, he said.

These are excerpts from the author's masteral thesis, "Journalist Killings in the Philippines: In the Line of Duty, in the Line of Fire," submitted to the Konrad Adenauer Foundation Center for Journalism at the Ateneo de Manila University.

Tale Of The Tape

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Did ISAFP Do It?
By Glenda M. Gloria
Newsbreak Managing Editor


(This story is in the July 4, 2005 issue of Newsbreak magazine, which will come out on Saturday)

The prime suspect in the wiretap scandal involving the administration is the Intelligence Service of the Armed Forces of the Philippines (ISAFP), ironically the President's favorite military agency. Since assuming power in 2001, she has handpicked all ISAFP commanders (Victor Corpus,Tirso Danga, Marlu Quevedo, and Leonardo Calderon). She relied even on their wildest reports and allowed them and their deputies to directly report to her, bypassing the chain of command.

AFP chief of staff Efren Abu, in an April 26 interview with NEWSBREAK, admitted as much. At the time, he had decided to defang ISAFP (then under Quevedo)—giving area commanders more power over agents and making the ISAFP headquarters just a housekeeper because it had become a "political" unit.

Danga, who is now AFP deputy chief of staff for intelligence (J2), has denied that the ISAFP engages in wiretapping. But the fact is that surveillance is the heart of its work. Five former and current ISAFP officers, including an ex- ISAFP chief, told NEWSBREAK that ISAFP has the capability to monitor cell phone conversations. One of them was very specific: its latest equipment, acquired sometime in 2002, could monitor 500 cell phones at any given time.

Under investigation is ISAFP's technical unit or Military Intelligence Group (MIG) 21, led by its commander, Army Lt. Col. Pedro Sumayo, Jr., who was MIG 21 chief during the elections. Air Force T/Sgt. Vidal Doble, the alleged source of the wiretapped tapes who is now in police custody, was with MIG 21 and was getting orders directly from Sumayo.

During the elections, Sumayo worked under two superiors: Lt. Col. Allen Capuyan, who was ISAFP's operations and intelligence (OID) chief, and Danga, who was then ISAFP chief. A ranking government official privy to the probe told NEWSBREAK that Capuyan is "the No.1 suspect" in this scandal. It was Corpus who had brought Capuyan to ISAFP, though Corpus was already out of ISAFP long before the polls. (Corpus declined to be interviewed for this story.)

Also being probed are the enlisted men at MIG 21—led by Doble—who had worked for Sen. Panfilo Lacson. Doble and 11 other ISAFP enlisted men were previously detailed with the Presidential Anti-Organized Crime Task Force (PAOCTF) under the Estrada government. PAOCTF was headed by Lacson, then a police general. When PAOCTF was dissolved after Estrada's ouster in 2001, the one dozen ISAFP technical guys were returned to their mother unit, says a former PAOCTF officer.

But he explained that Doble and his team could not have acted on their own—if the aim is to pin them down due to their links with the opposition senator. "Lacson had no direct supervision over them [during the elections]…Doble could not have done this without orders from his ISAFP superiors." Still, Lacson was one of the first to obtain a copy of the CD containing the wiretapped conversations between Elections Commissioner Virgilio Garcillano and the President, among others.

Why would the ISAFP put Garcillano, an ally of the President, under surveillance? And why would they release the taped conversations, knowing that they would be damaging their commander in chief? One theory is that the military was ordered to check if Garcillano was helping the opposition. And one reason the tapes were leaked was that key people in the ISAFP were disgruntled. They had lost their invincibility.

The ISAFP had become a powerful unit during the Marcos years. In Joseph Estrada's time, ISAFP chief Jose Calimlim was a power center. It was the same with Corpus, the first ISAFP chief under the Arroyo administration.

But under Abu, ISAFP's powers were clipped. His sour relationship with the spy agency began when he was named chief of staff in October last year. He had received reports that the agency was being run like a fiefdom by a clique of officers. He wanted another officer to head ISAFP, but Danga, who enjoyed the President's confidence, continued to hold the position even if he was abroad for medical treatment. His deputy and protégé, Quevedo, was the caretaker.

The Abu-ISAFP tiff came to a head on the eve of the December 23 burial of Fernando Poe Jr. last year. ISAFP went straight to the President and told her that a destabilization plot was in the works, presenting as evidence wiretapped conversations between dismissed Army Lt. Col. Oscarlito Mapalo and some retired generals. The AFP leadership, however, insisted that the information was groundless.

The President listened to ISAFP, anyway, instructing Justice Secretary Raul Gonzalez to issue a statement, warning of a destabilization plot. Gonzalez's basis was ISAFP's wiretapped telephone conversations among anti-Arroyo people. The government got burned, and thus began ISAFP's decline.

When Danga had to extend his medical leave, the President eventually agreed to replace him. Abu recommended Army Col. Fernando Mesa, with the approval of Defense Secretary Avelino Cruz Jr. But the President overruled them and named Quevedo instead (Danga's personal choice) as the new ISAFP chief.

Partly because he didn't trust ISAFP, Abu early this year resurrected the AFP Counter Intelligence Group, which caused more insecurity among Quevedo's men. It didn't help that shortly after, a draft intelligence brief on the communist movement, "Knowing the Enemy," was leaked. It named some organizations, such as the Philippine Center for Investigative Journalism, as fronts of the Communist Party. The author of that draft is Capuyan. The draft, which was not approved by the AFP hierarchy, was criticized by former ISAFP chiefs to whom it was presented due to its loopholes, according to one of the former ISAFP chiefs who attended Capuyan's briefing.

(We tried to interview Capuyan, but he did not respond to our requests.)

Until he left ISAFP last March, Capuyan was the most powerful man at the agency, the "little ISAFP," as one defense official describes him. He quit to take a mandatory senior officer course at the AFP Command and General Staff College in Camp Aguinaldo.

A 1983 graduate of the Philippine Military Academy who was implicated in the December 1989 coup, Capuyan was ISAFP OID chief during the elections and is said to be personally known by the President and her husband. As OID, he oversaw all operations of ISAFP's sections, including MIG 21. Sumayo, who also joined the December 1989 coup, was his underclassman at the PMA (1984).

Indeed, many officers hope this isn't true, that this is all a concoction of the opposition. Otherwise, a monster could be lurking in the AFP.