VERA Files, Reporters Without Borders Germany partner to monitor media ownership in PH

Lisa-Maria Kretschmer, head of Research & Project Coordinator of  Reporters Without Borders Germany Media Ownership Monitor, explains the project they are undertaking with VERA Files in the Philippines. Beside her is  LUZ Rimban, VERA Files trustee.

Lisa-Maria Kretschmer, head of Research & Project Coordinator of Reporters Without Borders Germany Media Ownership Monitor, explains the project they are undertaking with VERA Files in the Philippines. Beside her is LUZ Rimban, VERA Files trustee.


By YVETTE MORALES

VERA Files has partnered with Reporters ohne Grenzen, German section of Reporters sans frontières (Reporters without Borders, RSF) to embark on a three-month study of media ownership in the Philippines.

The Media Ownership Monitor (MOM) Philippines is part of RSF’s global project to study the extent of the concentration of media ownership, a prerequisite for securing freedom of the press and defending the diversity of opinions.

Vergel Santos, Chairman of the Center for Media Freedom and Responsibility, who was one of the participants in the roundtable discussion held last week to kick-off the project, called the MOM a “terrific,” much-needed initiative that will open people’s eyes to the power behind the media organizations.

Vergel Santos of  Center for Media Freedom and Responsibility with Crispin Maslog of UP, Los Banos.

Vergel Santos of Center for Media Freedom and Responsibility with Crispin Maslog of UP, Los Banos.


“Whatever you say, the owners impose their will on the media organization,” Santos said. He added that the study will provide the public with a glimpse of how media owners’ interests become part of the news agenda, and what kind of gatekeeping happens inside newsrooms.

The project, which employs a generic methodology for all countries, will look at ownership and media concentration of the most relevant newspapers, tabloids, online news sites, television and radio stations based on audience share.

“If your figures are really high, that means you’re widely circulated, that means you have more readers and that means and it can […] translate into, let’s say, good business. Meaning, a lot of advertisers would want to publish their ads on the paper,” said Ariel Sebellino, Executive Director of the Philippine Press Institute, who was also one of the participants in the roundtable discussion.

From left to right: Rachel Khan, chair of the Journalism Department, UP;Ariel Sebellino, PPI executive director; and Ramon Tuazon of the Asian Institute of Journalism and Communication.

From left to right: Rachel Khan, chair of the Journalism Department, UP;Ariel Sebellino, PPI executive director; and Ramon Tuazon of the Asian Institute of Journalism and Communication.


A website will be put up to contain the result of the study which will be presented to the public in November in a press conference to be followed by an academic workshop on media pluralism.

RSF started MOM in Colombia and Cambodia in 2015. This year, aside from the Philippines, RSF is also undertaking MOM in Tunisia, Turkey, Mongolia, Peru, and Ukraine.

Reporters Without Borders Germany has existed for 21 years and is part of the international, Paris-based organization Reporters sans frontières, whose aim is to defend human rights, in particular freedom of the press and the right to inform and be informed anywhere in the world.

VERA Files is nonprofit media organization composed of veteran journalists committed to advance excellence in journalism by engaging in research-intensive, high-impact reports in multiple formats and providing training, particularly mentoring of journalists.

Lisa-Maria Kretschmer and Ellen Tordesillas, VERA Files trustee.

Lisa-Maria Kretschmer and Ellen Tordesillas, VERA Files trustee.

The President’s instructions under a State of Lawless Violence

President Duterte inspecting the Davao City night market -scene of the bombing Sept. 2 bombing.

President Duterte inspecting the Davao City night market -scene of the bombing Sept. 2 bombing.


We condemn the bombing at the Davao night market bombing last Friday which killed 14 people and injured more than 70.

We pray for strength for the families of those who died and were injured. We pray for justice for the victims and that includes all of the Filipino people.

Authorities are still investigating who are the perpetrators. Nothing definite yet except that the explosion was caused by an Improvised Explosive Device (IED).

There are as many speculations as there are spokesmen. Early reports said the terrorist group, the Abu Sayyaf, had claimed responsibility only to be denied later.

The military is on the offensive against the Abu Sayyaf after 15 soldiers were killed in an encounter in Sulu following beheadings by the group of their captives. The ASG is reportedly linked with the dreaded Middle East-based Islamic State of Iraq and Syria.

Press Secretary Martin Andanar raised the possibility of the involvement of drug lords, who could be feeling the heat of Duterte’s intensified anti-illegal drug campaign.

“It’s either a reprisal of the terrorists from Jolo, Sulu due to the government’s operations, and the war against terrorism there. The second possibility could be the reprisal of the drug lords,” he said.

Chief Supt. Manuel Gaerlan, the Southern Mindanao police director, said they are not ruling out the involvement of “disgruntled vendors” in the night market.

Immediately, President Duterte has declared a state of lawless violence nationwide.

The declaration is anchored on the Constitution’s Article VII Section 18 provision which states, “The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law…”

The President said it is not martial law nor is he suspending the privilege of the writ of habeas corpus.

In his early Saturday press conference, he asked everybody to stay calm.

He said there will be higher military and police visibility and checkpoints will be set up. He has authorized searches by security forces.

Here’s what you should do when you approach a checkpoint, the President said:

“Maghinto kayo sa mga checkpoints. If you see a sign there that there are soldiers flashing their lights, turn off your headlight, switch on to your lights inside your cars, because I am authorizing them to search. So, if you do not have anything to hide, I am suggesting that you be liberal enough to understand us, because they are trying to cope up with a crisis now. “

The checkpoint in Las Pinas yielded a prime catch early morning yesterday.

An AUV (Asian Utility Vehicle) accelerated though the checkpoint set up the corner of Real Street and Naga Street. When the police gave chase they were fired upon by the men in the vehicle.

News reports said “The gunmen were finally stopped and killed at the Barangay Pulang Lupa Uno-section of the C5 Extension. “
Inside the vehicle were guns and packets of shabu and a dead body whose face and hands were wrapped in packaging tape. There was also a ready-made sign identifying the dead as a drug dealer.

Here’s another advice from the President: “You can go anywhere, but be sure, if you are—if the hairs on your nape stand up, there’s something that’s afoot, then maybe just get out as soon as possible.”

Be alert. Be vigilant. And pray.

Harry Roque will not be short of horror stories about Globe and Smart

Rep. Harry Roque delivering privilege speech.

Rep. Harry Roque delivering privilege speech.

This is a most welcome congressional inquiry.

Kabayan Party-list Representative Harry L. Roque, in a resolution filed last week said, “The House of Representatives requests the major telecommunication providers, Smart Telecommunications and Globe Telecommunications, to explain why the Filipino people are not receiving the quality of service that they deserve and, to show cause why they should have the privilege to keep their franchises despite the same.”

Roque said Section 20 of Republic Act 7925 provides all telecommunication users the right to reliable services and conforming to minimum standards set by the National Telecommunications Commission, regular and accurate billing, and thorough and prompt investigations and actions upon complaints.

He reminded the telecom companies that they bound to comply with the provisions of general telecommunications and broadcast laws as provided by their franchises, as provided by Republic Act 7229 and Republic Act 7294, for Smart Communications Inc. and Globe Telecom Inc., respectively.

“Failure to comply with statutory obligations provided under one’s franchise is a ground for penalty, suspension, or removal of such franchise,” he warned.

Feona Imperial's woes with Globe

Feona Imperial’s woes with Globe

Roque said, however, that “common experience would reveal that the services provided by major telecommunication service providers have been below standard or inadequate, as evidenced by poor signal reception, frequently dropped calls, unexplained exorbitant bills, and sudden and abrupt disconnection of contract services.”

Roque will not run short of horror stories from both Globe and Smart subscribers.

Our colleague in VERA Files, Feona Imperial is a post-paid subscriber of Globe. She was so stressed out last week as she could not send text messages. Every time she sent a text message, it would as “Failed” message.

When she tried to call up the person she was contacting, she heard a recorded message that her outgoing service has been disabled. Two possible reasons were given: unpaid bill or she exceeded her credit limit. Both were untrue: she had no unpaid bill and she did not exceed her credit limit.

She posted a report in Twitter. Globe did not reply.

She posted another complaint in Facebook. And she was directed where to report her problem.

She dialled 211 and a pre-recorded message voice told her that she had been disconnected and for her to pay her bills. But the payment deadline was not due yet, how come her service was disconnected? Included in her bill was a P900 share-a-load which she never made.

The service officer apologized to her explaining that there was a system error.
Her line was reconnected but last Wednesday, the same thing happened. She dialled 211 and the same conversation with a service officer took place.

The service officer told her they cannot guarantee it will not happen again because they are beset by systems error.
Ganun lang?

My own Globe horror story started last February and is continuing, I don’t know until when.
I have no signal one I’m inside out house. I cannot send or receive messages and I cannot call. I have to go out of the house to the street to be able to use my cell phone.

Last February, I posted my complaint in Facebook and Twitter. A Globe public relations officer asked me what she can do for me and I replied, “I only need one thing from Globe: service that I’m paying for.”

Globe installed a booster in my house for free because I told them that I will not pay extra for them to give me service that should come with my subscription.

The relief was temporary because after about three months, the booster was no longer working.

Susan Abaya's woes 1

Susan Abaya’s woes 1

Susan Abaya complaint 2

Susan Abaya’s travails with Globe is worse.

Susan said, her two-year old complaint has not been answered by Globe. “Bakit 10 taon sinigil kami — naka tack in sa statements ng asawa ko — monthly recurring cost na wala naman celphone na gamit. Ngayon na naman ayaw putulin line ng anak ko na nasa US na pilit buwan- buwan bini-bill recurring fee kasi may outstanding bill daw.”

Lozada’s conviction stresses urgency of whistleblowers law

Jun Lozada in a Palm Sunday mass. File photo

Jun Lozada in a Palm Sunday mass. File photo

At this time of his life, it’s his faith in God that keeps Rodolfo “Jun” Lozada Jr. going.

The government has failed him. The country’s justice system turned against him. Many “friends” have abandoned him after they have used him for their agenda.

After his conviction to six to ten years in prison by the Sandiganbayan last week in the case involving the lease of idle lands when he was president of the Philippine Foreign Corporation, a teary-eyed Lozada said the decision was difficult to take but he is holding on to faith in God: “I once said before, eight years ago, one of the lessons I learned is that the opposite of fear is courage. In reality, the opposite of fear is faith. So I’m holding on to faith in God.”

Sister Mary John Mananzan, one of those who have consistently helped Lozada and his family all throughout Jun’s eight- year ordeal deal, said the case would not have materialized if he did not testify in the aborted corruption-tainted $329.5 million national broadband project with the Chinese firm, ZTE Corp.

“I’m sure of it. All the cases against him came out after he became witness. If it was really his crime, why wasn’t he charged when he was with PFC?” she asked.

It should be recalled that Lozada was the star witness in the NBN-ZTE scandal involving Gloria Arroyo and her husband Mike Arroyo.
Arroyo’s officials tried to talk him out of testifying, even treating him to a junket in Hongkong. But when he decided to come back and testify, he was abducted and was only released because of the vigilance of civil society and religious groups.

But Arroyo did not take it sitting down. Lozada was charged with graft and corruption for making his brother Jose Orlando Lozada a beneficiary of PFC’s Lupang Hinirang Program which allows the lease of idle public lands. Orlando was also charged and convicted.

Former President Benigno Aquino III, whose mother, former President Cory Aquino, led masses and joined marches in support of Lozada, took a hands-off attitude towards the cased filed against Lozada.

It was later found out that Aquino, who was then a senator, probably desiring to score points during the senate hearings on the NBN/ZTE, had offered to meet Lozada at the airport from Hongkong. Lozada at that time was still weighing the pros and cons of going against the Arroyo government and declined Aquino’s offer.

Aquino reminded Lozada of that incident when he (Lozada) ,Sister Mary John and some supporters met with him in Malacanang to seek for his assistance to stop what they feel are harassment by Arroyo.

In a dismissive tone, Aquino told Lozada that he would just pardon him if he gets convicted.

Alas, that promise had been overtaken by events because Aquino is no longer in a position to grant him pardon.

Lozada’s conviction cuts very deep because all those charged in the NBN-ZTE had been gone scot free.

With what happened to Lozada, Sister Mary John said, “who would want to be a whistle-blower?”

She said “Whistle-blowers are needed in the fight against corruption. If not for them, who would be witnesses? “

Related to the role of whistleblowers in the anti-graft campaign, Sen. Antonio Trillanes IV filed a bill (Senate Bill No. 290) seeking additional protection, security and other benefits for whistleblowers. At the House of Representatives, Kabayan Rep. Harry Roque has also filed a bill strengthening government and corporate accountability by supporting and protecting the right of employees to speak out about wrongdoing on the job.

In his first State of the Nation Address, President Duterte asked Congress to enact a Whistleblower Protection Law and strengthen the Witness Protection Program “to eradicate the prevalent cultures of fear and silence that have hounded our justice system.”

Sen. Antonio Trillanes IV

Sen. Antonio Trillanes IV

Trillanes said, “Several laws have been created to encourage whistleblowing; however, the existing legal framework barely meets the need for whistleblowers’ protection and support, and fails to provide them attractive incentives, considering the risks whistleblowers face when they surface.”

SB 290 which is in support of the government’s campaign against graft and corruption seeks to further uplift the welfare and protection of whistleblowers by giving them allowance sufficient for their daily basic financial requirements, housing and personal security. They are also given adequate protection by imposing penalties to employers, firms, companies or corporations that reject qualified applicants, on the ground that they are qualified whistleblowers or when a retaliatory act is committed against them in the workplace.

The bill further seeks to encourage witnesses to divulge the erring practices of public officials and employees by providing them additional monetary reward equivalent to at least ten percent of the amount which may be recovered as a result of their disclosure or the amount of One Million Pesos, whichever is lower.

“Many potential whistleblowers are discouraged from surfacing due to the risks it involves, including the security threat it entails, which sometimes completely destroy their future and prevent them from having a normal life. It is my hope that through this measure we can address the needs and promote the welfare of our whistleblowers, in exchange of the information relevant to our campaign in promoting good governance in the country,” Trillanes said.

Know Your Rights 5: Detention

* Inilathala ng Free Legal Assistance Group (FLAG)
* Isinalin sa Filipino ng Philippine Center for Investigative Journalism

Know Your Rights 5-1

KUNG IKAW AY NA-ARESTO NA, ITO ANG IYONG MGA KARAPATAN:

* Manatiling tikom ang bibig, at asistihan ng abogado na may kakayanan na iyong pinili kapag ikaw ay isinalang na sa interrogation.

* Hindi isailalim sa torture, manhandling, intimidation, solitary confinement, incommunicado detention, panloloko, o pangako ng gantimpala o kaluwagan sa anumang paraan (droga, hypnosis, atbp.) na maaring makapanghina ng loob o malayang pag-iisip mo.

* Bigyan ng access sa daglian at sapat na tulong medikal.

* Iharap sa inquest sa lalong madaling panahon at hindi lalagpas sa:
– 12 oras matapos kang ma-aresto dahil sa paglabag sa batas na may parusang hindi mabigat (light offense);
– 18 oras matapos kang ma-aresto dahil sa paglabag sa batas na may parusang medyo mabigat (less grave offense);
– 36 oras matapos kang ma-aresto dahil sa paglabag sa batas na may parusang mabigat (grave offense).

Know Your Rights 5-2
Bago magsimula at pagkatapos ng interogasyon, ito ang iyong mga karapatan:

* Ipaalam sa iyo na may karapatan kang humiling na sumailalim sa physical examination ng isang mahusay na doktor na iyong pinili.

* Kung hindi mo kayang magbayad sa serbisyo ng isang doktor, bigyan ng access sa isang mahusay at walang kinikilingang doktor na gagampan sa physical examination mo (mas mainam na babae ang doktor kung ikaw ay isang babae).

Know Your Rights 5-3

Sa isang inquest proceeding na isasagawa ng isang civilian prosecutor, dapat suriin kung ligal o hindi ang iyong pagka-aresto. Ang prosecutor, maaring:

(a) Mag-utos na palayain ka (kahit mayroon o wala pang full-blown investigation na naisagawa);

(b) Ipagtibay na ligal ang iyong pagka-aresto at ihanda ang kaukulang complaint o impormasyon na isasampa sa trial court. Madalas na tinatanong ng prosecutor ang na-aresto kung nais niyang magkaroon ng preliminary investigation, at kaugnay nito, kung siya ay pipirma ng waiver o pagpapaubaya ng kanyang mga karapatan. Huwag pumirma sa waiver nang hindi batid o nasabihan ng posibleng epekto o kahihinatnan nito. Kapag pumirma sa waiver — at ito ang madalas nangyayari — maaring mananatili ka sa detention center, habang naghihintay ng preliminary investigation. Kapag pumirma sa waiver, maaring mangahulugan din na ipinapaubaya mo na rin ang karapatan mong magsampa ng kaso laban sa mga umaresto sa iyo.

Know Your Rights 5-4

Isang inquest proceeding ang dapat isagawa ng isang sibilyan na prosecutor upang masuri kung ligal ang naganap na pagka-aresto sa iyo.

Kapag nagpasya ang prosecutor na iligal o labag sa batas ang pagka-aresto sa iyo, dapat niyang irekomenda sa City o Provincial Prosecutor na palayain ka. Gayunman, ang pagpapalaya sa iyo ay maaring idaan sa isang regular na preliminary investigation.

Kapag napagtibay ng prosecutor na legal ang iyong pagka-aresto, tatanungin ka niya kung nais mong sumailalim sa isang preliminary investigation. Kapag sumang-ayon ka, tatanungin ka niya kung sang-ayong kang pumirma ng waiver ayon sa Article 125 ng Revised Penal Code, at sa tulong ng isang abogado, o kung walang abogado, ng isang responsableng tao na iyong pinili. Ang pagpirma mo ng waiver ay nangangahulugan din na sumasang-ayon ka na manatili sa kulungan habang isinasagawa ang iyong preliminary investigation.

Know Your Rights 5-5

Kung ayaw mog dumaan sa preliminary investigation o tumutol na pumirma ng waiver, isasagawa ng prosecutor ang inquest sa pamamagitan ng pagsuri ng mga sworn statement/affidavit ng complainant at witnesses, at ng iba pang ebidensiyang isinumite ng complainant. Kung sa pagpapasya ng prosecutor ay may probable cause laban sa iyo, ihahanda niya ang karampatang complaint o impormasyon laban sa iyo at i-rerekomenda niya sa City o Provincial Prosecutor na isumite ang kaso sa korte.

Know Your Rights 5-6

Masasabing may probable cause kung batay sa mga ebidensiyang isinumite sa inquest prosecutor ay kapani-paniwalang may krimeng naganap at ikaw ay posibleng may kinalaman o kasalanan dito.
Kung kasapi ng pulisya at military ang nagtatanong at nag-iimbestiga sa iyo, ang mga karapatan mo ay:

– Manatiling tikom ang bibig.

– Magkaroon ng mahusay at walang kinikilingang abogado, at mas mainam pa, na ikaw mismo ang pumili.

– Bigyan ng abogado, kung hindi mo kayang kumuha ng sarili mong abogado.

– Humiling na sumailalim ka sa physical examination ng isang mahusay at independent na doktor na iyong pinili, at kung hindi mo kayang magbayad ng doktor, bigyan ng isang mahusay at independent na doktor na mgasasagawa ng physical examination sa iyo. (mas mainam na babae ang doktor kung ikaw ay isang babae); at

– Ipaalam sa iyo na ito ang mga karapatan mo, at anuman ang iyong maging pahayag ay maaring magamit laban sa iyo sa korte.

Know Your Rights 5-7

Sa paglilitis ng krimen o criminal prosecutions, it ang mga karapatan mo:

– Huwag pilitin na tumestigo laban sa sarili mo.

– Manatiling tikom ang bibig at magkaroon ng abogado.

– Malaman kung ano ang uri at dahilan ng mga akusasyon laban sa iyo.

– Magkaroon ng mabilis, bukas, at patas na paglilitis.

– Magsampa ng apela kung ikaw ay ma-convict.

– Ituring na inosente hangga’t hindi napapatunayang nagkasala.

– Humarap at lumahok ka ayt iyong abogado sa pagdinig ng mga akusasyon.

– Matulungan ng mga proseso ng korte upang sapilitang lumahok ang mga witness at mailabas ang mga ebidensiya para maipagtanggol mo ang iyong sarirli,

– Personal na makita at ma-cross-examine ang mga witness laban sa iyo.

Know Your Rights 5-8

Kapag ikaw ay iniharap na sa hukom o judge, magsampa ng formal complaint kung ikaw ay pinagkaitan ng abogado, sapilitang pina-amin, pinagbuhatan ng kamay, tinorture, o tinakot.

Mapalaya sa bisa ng makatwirang halaga ng piyansa, maliban lang kung ikaw ay nahaharap sa kasong may parusang kamatayan, reclusion perpetua o panghabangbuhay na pagkakakulong, at matibay ang ebidensiya na ikaw ay guilty.

– Kahit man lumaya ka matapos magbayad ng piyansa, maari mo pa ring kwestiyunin kung ligal ang naging pag-aresto sa iyo, o kung ligal ang warrant of arrest laban sa iyo, basta naipahayag mo ang iyong mga pagtutol na ito bago ang iyong arraignment o ang pagbasa ng kaso sa korte laban sa iyo.

Know Your Rights 5-9

Lahat ng mga officer at kasapi nila sa pulisya at militar na may tungkulin sa pag-aresto, pagkulong, pag-imbita, at pag-imbestiga ng mga suspek sa anumang krimen ay dapat na sumunod sa mga itinakdang intiakdang procedures, guidelines, at duties, nila, mula sa iyong pagka-aresto at habang inuusig sa detention center. Itinakda ng Korte Suprema ang mga patakarang ito sa kasong People v. Mahinay (G.R. No. 122485, 1 February 1999).

Know Your Rights 5-10

– Dapat ipaalam sa iyo sa wika na batid at naiintindihan mo ang dahilan ng iyong pagka-aresto. Dapat ipakita sa iyo ang iyong warrant of arrest. Lahat ng abiso, impormasyon, at pahayag nila sa iyo ay dapat nasa wika na batid at naiintidihan mo.

– Dapat mabigyan ka ng warning na may karapatan kang maging tikom ang bibig, at anumang sabihin mo ay maaring magamit na ebidensiya laban sa iyo.

– Dapat ipaalam sa iyo na may karapatan kang matulungan sa lahat ng pagkakataon ng mahusay at walang kinikilingan na abogado na ikaw mismo ang pumili.

– Dapat ipaalam sa iyo na kung wala kang abogado o hindi mo kayang magbayad ng abogado, bibigyan ka ng abogado; maari ring kumuha ng abogado para sa iyo ang korte, kung nais mo o ng iyong kinatawan na magsumite ng petisyon para rito.

– Kahit man meron o wala kang abogado, dapat ipaalam sa iyo na walang anumang imbestigasyon na maaring maganap sa loob ng detention center, liban na lang kung kasama mo ang iyong abogado o pumirma ka na ng waiver ng iyong mga karapatan.

Know Your Rights 5-11

– Dapat ipaalam sa iyo na may karapatan ka, sa lahat ng pagkakataon, na makausap sa pinakamabilis na paraan (telepono, text, radyo, sulat, o messenger) ang iyong abogado, miyembro ng pamilya, doktor, pari o ministro na pinili mo o ng iyong pamilya; dapat ipaalam sa iyo na may karapatan kang tumanggap ng bisita at makausap ang anumang accredited na national o international non-government organizations.

– Dapat ipaalam sa iyo na may karapatan kang ipaubaya o i-waive ang anumang karapatan mo sa boluntaryo, malinaw, at matalinong paraan, at naiintindihan mo ang maaring kahinatnan o epekto ng iyong waiver.

Know Your Rights 5-12

– Dapat ipaalam sa iyo na kung pipirma ka ng waiver para magkaroon ng abogado, ito ay dapat maisulat sa harap ng iyong abogado; kung hindi, dapat ipaalam sa iyo na walang bisa o void ang waiver mo, kahit na ipilit mo pa at nagdesisyon kang magbigay ng statement o pahayag.

– Dapat ipaalam sa iyo na maari kang magdesisyon sa anumang paraan at sa anumang yugto ng proseso na ayaw mo nang matanong pa, at sa puntong ito ay dapat matigil ang interrogation kung ito ay nagaganap na, o dapat wala nang interrogation na maganap pa.

– Dapat ipaalam sa iyo sa kabila ng iyong initial waiver na manatiling tikom ang bibig, magkaroon ng abogado, o anupamang karapatan mo, maari mo pa ring gamitin ang mga karapatang ito sa anumang yugto ng proseso, kahit na nagbigay ka na ng ilang statement o pahayag.

– Dapat ipaalam sa iyo na anumang statement o ebidensiya na nakuha sa paraang labag sa mga procedures o guidelines na ito — na nagpapatibay o tumatanggi sa mga paratang sa iyo — ay hindi katanggap-tanggap na ebidensiya sa korte.

Know Your Rights 5-13

(a) Karaniwang gawi ng mga investigating officer ang pagbigay sa taong na-aresto ng isang confession na nakasulat na at kailangan na lang pirmahan. May pagkakataon na ang suspek ay tinatakot na pumirma na kahit hindi pa nito nababasa ang nakasulat sa confession. At dahil bawal na sa ilalim ng Konstitusyon ang mga confession na nakuha sa suspek na walang abogadong kasama, maaaring may abogado nang isinasama ang mga imbestigador sa kanilang pag-alok ng confession sa mga suspek. Manatiling buo ang loob pero magalang. Manindigan na gusto mong kumuha ng sariling abogado at sabihan ang imbestigador na nais mong makita ang iyong abogado. Dahil batid na nila na alam mo ang iyong mga karapatan, mas maiiwasan na ikaw ay maharap sa sakuna o sapilitiang paaminin sa anumang akusasyon sa iyo, habang nakakulong.

Know Your Rights 5-14

(b) Kung hindi ipinaalam sa iyo na may karapatan kang manahimik, magkaroon at pumili ng mahusay at walang kinikilingang abogado, ang arresting officer o empleyado o investigating officer na hindi nagpabatid sa iyo ng mga karapatang ito, maari siyang maparusahan ng multa o pagkakulong o ng parehong parusa .

(k) Kung hindi ipinaalam sa iyo na maari kang magkaroon at pumili ng abogado na mahusay at walang kinikilingan ng sinumang arresting officer, emploeyado or investihgating officer, maari siyang maparusahan ng multa o pagkakulong o ng parehong parusa.

(d) Sinuman ang magpipigil o magbabawal sa iyong abogado, miyembro ng pamilya, doktor, o ministro ng simbahan na bumisita at makipag-usap sa iyo, eksaminin at gamutin ka, o bigyan ka ng spiritual service, anumang oras sa araw, o kung may dagling pangangailangan, anumang oras sa gabi, ay maaring maharap sa parusang multa at pagkakulong.

IF YOU HAVE ALREADY BEEN ARRESTED, THESE ARE YOUR RIGHTS:

* To remain silent and to be assisted by a competent lawyer of your choice when questioned or interrogated.
* Not to be subjected to torture, manhandling, solitary confinement, incommunicado detention, intimidation, deceit, promises of reward or leniency of or any means (drugs, hypnosis, etc.) that vitiate or weaken your free will.

*To immediate access to proper and adequate medical treatment.

* To be brought for inquest as soon as possible but not later than:
– 12 hours after arrest for a light offense
– 18 hours after arrest for a less grave offense
– 36 hours after arrest for a grave offense

*Before and after interrogation, to the following rights:
• To be informed of your right to demand physical examination by an independent and competent doctor of your own choice;
• If you cannot afford the services of a doctor, to be provided by the Government with a competent and independent doctor to conduct the physical examination (preferably a female doctor if you are female);

The legality of your arrest must be determined in an inquest proceeding conducted by a civilian prosecutor.

If the inquest prosecutor finds that your arrest was unlawful, he or she must recommend to the City or Provincial Prosecutor that you be released. Your release, however, may be subject to a regular preliminary investigation.

If the prosecutor finds that your arrest was lawful, he or she will ask if you desire to avail of a preliminary investigation and if so, will make you execute a waiver of Article 125 of the Revised Penal Code with the assistance of a lawyer, or if none is available, a responsible person of your choice. Signing the waiver means that you agree to remain in detention while your preliminary investigation is ongoing.

If you do not opt for a preliminary investigation or refuse to execute the waiver, the inquest prosecutor will proceed with the inquest by examining the sworn statements/affidavits of the complainant and witnesses and other supporting evidence submitted by the complainant. If the prosecutor finds that probable cause exists, he or she will prepare the corresponding complaint or information against you and recommend to the City or Provincial Prosecutor that it be filed in court.

Probable cause exists when the evidence submitted to the inquest prosecutor engenders a well-founded belief that a crime has been committed and that you are probably guilty of committing it.

* If you are questioned or investigated by the police or military, you have the following rights, among others:

– To remain silent;

– To have competent and independent counsel, preferably of your own choice;

– To be provided with counsel if you cannot afford one;

– To demand a physical examination by an independent and competent doctor of your own choice (or if you cannot afford the services of a doctor, to be provided by the Government with a competent and independent doctor to conduct the physical examination, preferably a female doctor if you are female); and

– To be informed of these rights, and to be told that anything you say may be used against you in court.

* In all criminal prosecutions, you have the following rights:

– Not to be compelled to testify against yourself;
– To remain silent and to counsel;
– To be informed of the nature and causes of the accusation against you;
– To have a speedy, public, and impartial trial;
– To appeal any conviction;
– To be presumed innocent until the contrary is proved;
– To be present and heard by yourself and counsel;
– To avail yourself of court processes to secure the compulsory attendance of witnesses and the presentation of evidence in your defense; and
– To meet the witnesses face-to-face and to cross-examine them.

* When you are brought before the Judge, to make a formal complaint if you have been denied counsel, forced to confess, or manhandled, tortured or intimidated.

* To be released on reasonable bail, unless you are charged with a crime punishable by death, reclusion perpetua, or life imprisonment and the evidence of your guilt is strong.

– Release on bail does not bar you from challenging the validity of your arrest nor the legality of the warrant of arrest, provided you raise these challenges before being arraigned.

* All arresting, detaining, inviting, investigating officers and their companions must follow and observe the following procedures, guidelines, and duties, at the time of your arrest and again during your custodial investigation. These guidelines, procedures, and duties were laid down by the Supreme Court in People v. Mahinay (G.R. No. 122485, 1 February 1999):

– You must be informed in a language known and understood by you of the reason for your arrest, and you must be shown the warrant of arrest. All other warnings, information or communication must also be in a language known to and understood by you.

– You must be warned that you have the right to remain silent and that any statement you make may be used as evidence against you.

– You must be informed that you have the right to be assisted at all times and have the presence of an independent and competent lawyer of your own choice.

_ You must be informed that if you have no lawyer or you cannot afford the services of a lawyer, one will be provided for you; and that a lawyer may also be engaged by any person on your behalf, or may be appointed by the court upon petition by you or by one acting on your behalf.

– Whether or not you have a lawyer, you must be informed that no custodial investigation in any forum shall be conducted except in the presence of your lawyer or unless you have validly waived any of your rights.

– You must be informed that you have the right, at any time, to communicate or confer by the most expedient means (telephone, text message, radio, letter, or messenger) with your lawyer, any member of your family, any medical doctor, priest or minister you choose or one chosen by your immediate family or lawyer; you must also be informed that you have the right, at any time, to be visited by and to confer with duly accredited national or international non-government organizations.

– You must be informed that you have the right to waive any of your rights provided you do so voluntarily, knowingly, intelligently, and you understand the consequences of your waiver.

– If you waive your right to a lawyer, you must be informed you must waive your right in writing in the presence of your lawyer, otherwise you must be warned that your waiver is void even if you insist on your waiver and you choose to speak.

– You must be informed that you may indicate in any manner at any time or stage of the process that you do not wish to be questioned and that once you make such indication, you may not be interrogated, if the interrogation has not yet begun, or the interrogation must cease if it has already begun.

– You must be informed that your initial waiver of your right to remain silent, your right to counsel, or any of your rights, does not bar you from invoking your rights at any time during the process, regardless of whether you have answered some questions or volunteered some statements.

– You must also be informed that any statement or evidence obtained in violation of any of the above procedures or guidelines, whether inculpatory or exculpatory, in whole or in part, is inadmissible in evidence.

(a) A common practice of investigating officers is to present a person arrested with a confession already drawn up and ready for signature, then to intimidate the suspect into signing the statement without reading it. And since uncounselled confessions have been disallowed under the Constitution, the investigating officers may have lawyers to assist you during the confession. Remain firm, but respectful. Insist that you would like to get your own lawyer, and ask for the opportunity to get in touch with your lawyer. Since they now know that you know your rights, the chances that you will be manhandled or coerced into confessing are reduced.

(b) If you have not been informed of your rights to remain silent and to have competent and independent counsel of your choice, the arresting officer or employee or the investigating officer who fails to inform you of your rights is liable to suffer a fine or penalty of imprisonment, or both.

(c) If the arresting officer or employee or the investigating officer or anyone acting upon their orders or in their place fails to provide you with competent and independent counsel if you cannot afford the services of your own counsel, s/he is liable to suffer a fine or a penalty of imprisonment, or both.

(d) Whoever obstructs, prevents, or prohibits your lawyer, any member of your family, any medical doctor or religious minister from visiting and conferring privately with you, or from examining and treating you, or from ministering to your spiritual needs, at any hour of day, or, in urgent cases, of the night, is liable to suffer the penalty of imprisonment and a fine.