Community-based Dialogue Sessions on Human Rights
Promotion and Protection
A joint collaboration between the Commission on Human Rights of the Philippines (CHRP), the
Armed Forces of the Philippines (through the Human Rights Office), the Philippine National Police
(through the Human Rights Affairs Office), the Philippine Alliance of Human Rights Advocates
(PAHRA), the Ninoy and Cory Aquino Foundation (NCAF), the Alternative Law Groups Inc (ALG)
and the Hanns Seidel Foundation of Germany (HSF)
Regional Trainers Training
Session - Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
March 2015
Table of Contents
Preliminaries ........................................................................................................................................... 3
Session 1: Popular Education - by Atty. Marlon Manuel (ALG) .............................................................. 4
Session 2: Overview of the Human Rights Training Program – by Atty. Marlon Manuel (ALG) ............. 6
Session 3: Training Proper (Condensed Training) ................................................................................... 7
Session 3.1: Basic Concepts & Principles of Human Rights – By Atty. Myrfi Gonzales (HRU) ............ 7
Session 3.2: Local Human Rights Situationer – by Atty. Tonet Ramos (ALG)...................................... 9
Session 3.3: “IPSP” Bayanihan – by Maj. Ed Esquivias (AFP HRO) .................................................... 12
Session 3.4: Human Rights-Based Policing – by PCI Emmanuel Enriquez (PNP HRAO) .................... 12
Session 3.5: Human Rights Defenders – by Atty. Tonet Ramos (ALG) .............................................. 13
Session 3.6: Search & Seizure, Arrest, and Detention with Custodial Investigation – by PSI Gerard
Ace Pelare (PNP Region VII) .............................................................................................................. 14
Session 3.7: International Humanitarian Law and RA 9851– by Maj. Ed Esquivias (AFP HRO) ........ 18
Session 3.8: Anti-Torture Act – by Maj. Ed Esquivias (AFP HRO) ...................................................... 24
Session 3.9: Anti-Enforced Disappearance Law – by Maj. Ed Esquivias (AFP HRO) .......................... 26
Session 3.10: Administrative Remedies in the AFP – by Maj. Ed Esquivias (AFP HRO) .................... 27
Session 3.11: Administrative Remedies in the PNP – by PCI Juan Alberto (PNP Region VII) ............ 29
Session 3.12: National and International Remedies – by Mr. Leo Satana (CHR, Region VI) ............. 31
Session 3.13: Judicial and Other Remedies – by Atty. Marlon Manuel (ALG) .................................. 35
Session 4: Review of the Human Rights Training Program ................................................................... 36
Session 5: Demo Teaching – by the Regional Groups ........................................................................... 41
Session 1: Basic Concepts and Principles on Human Rights – by Region VII .................................... 41
Session 3.1: “IPSP” Bayanihan – by Region VIII ................................................................................ 42
Session 3.2: Human Rights-Based Policing – by Region VI................................................................ 44
Session 4.2: Arrest – by Region VII.................................................................................................... 45
Session 6: Planning – per Regional Teams ............................................................................................ 49
Closing Program .................................................................................................................................... 51

2
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
Preliminaries
The Opening Prayer, National Anthem and Overview of the
Community-based
based Dialogue Session on Human Rights
Promotion and Protection Project were facilitated by Rene
(ALG). Note: the Project Overview is attached as Appendix C.
After the brief Welcome Remarks given by Atty. Marlon (ALG),
he also facilitated the first activity,, entitled: “Complete the Puzzle.”



Cut-out papers with a word or phrase printed on each (like jigsaw puzzles)) were distributed
to all the participants.
The participants were asked to look for their group mates that would complete the
statement.. Marlon said that each
e
group should have only 4 members.
Each group was asked to discuss the
th “statement” and report in plenary the results of their
discussion.
Reporting:


Statement 1: Learners themselves are the richest
resource for learning.
o There will be no genius without a teacher –
we acquire learning from other people
(source: Socrates).
o Learning is not inborn – it is acquired.
o Itt is a continuing process.
o You cannot teach what you do not know. You cannot give what you do not have.
There are people who initially share their knowledge.
o We should learn from the right persons – we cannot just learn from anybody. It has
to be the right person or authority/expert on the topic. We just cannot believe what
anyone will say. We also have to check its veracity (source
source should be credible and
learned).
o Nobody can monopolize knowledge.
Statement 2: There
re is strength in learning together.
together
o There is strength in working together – we reinforce each other’s knowledge and
strengths.
o We use a multi-stakeholder
stakeholder approach, like
our CBDs (Community-Based
(Community
Dialogues)
where we would like to increase
incre
community
awareness,
ess, and if we apply our knowledge,
this will lead to community empowerment.
empowerment
o The project partners (AFP, PNP, CHR, CSOs)
each have their specialties – but we can all
contribute to increase stakeholder’s
knowledge and skills (eg.
(eg the police are more familiar on the conduct of arrest – they
3
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City




can share their knowledge with other stakeholders so they will also be familiar on
the proper conduct of arrest
arrest).
o Inputs will come from different project partner groups, not just from the security
sector.
Statement 3: Learning
ing cannot be imposed.
imposed
o For effective learning, we must undergo different processes (unlike in a school
where the students sit in a classroom all day and are made to memorize dates,
events and personalities). There will be different processes involved in: education/
training, a conducive learning environment, level of comprehension (explanations
should include clear examples that the participants can relate to), and partnership
(stakeholdership).
o Adaptation and/or application is an important aspect. The top
topics
ics must be relevant to
the participants, otherwise they will be disinterested.
o Delivery of the topics – different for students and for adult learners.
Statement 4: Learning relates to life.
life
o Learning should result to the improvement of a person, sector or community
community.
o In everything we do, we learn from it – and these learnings are applicable in our
daily lives.
o The things that we learn affect how we develop (or not develop) our lives
lives.
o Learning relates to our experiences – it hones our present, and molds our future.
Statement 5: Learning should be an active process.
process
o Learning means discovering and exploring.
exploring
o Learning is a combination of theory and practice.
practice
o We learn from our interaction with the
community and environment.
environment
o Continuing education and learning.
learning
Statement 6: People learn best by doing.
doing
o If a person is able to accomplish something
because of what s/he
s/ learned, s/he will have
self-fulfillment.
o However,, some things are better learned by
NOT doing (eg.. the consequences of a criminal act).
act)
o Most of the things
ngs we learn not
n by doing, but vicariously (eg. reading).
Session 1: Popular Education
ucation - by Atty. Marlon Manuel (ALG)
The session was facilitated
d by Atty. Marlon Manuel
Manuel, the National Coordinator of ALG – please refer
to Appendix D for the presentation.
After the input, Atty. Marlon posed a question to the participants: “How
How can effective Human Rights
education be a tool for social change?”
change?
4
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City





Comment (AFP): As part of the local context, we
w should understand the local culture, but we
should also acknowledge that you cannot easily change culture – what we can do is to
respect it.. Before going to an area, we should first study the “Do’s and Dont’s”” of a particular
culture. Even we, as uniformed personnel, we also have our own rights and culture – and the
thing is, you cannot just change culture overnight. It has to be a deliberate process. And iif
there
re are conflicts, we have to develop a collaborative solution.. We should discuss it.
Comment (CHR): I disagree that culture cannot be changed
changed. You see, it depends a lot on the
perspective of a person. Iff you study sociology, the most effective way of changing
changing a culture
is through the process of education – and that’s the importance of having our education
sessions on human rights.
Atty. Marlon (ALG): If you are teaching
tea
Human Rights to the military,
military the best
approach iss to let them realize that human
rights are actually a part of themselves,
themselves
and of everyone. It should not be as if we
are talking about Human
uman Rights because
you are the violators,, and we have to teach you. So, the framework of teaching H
Human
Rights education where the security sector is involved becomes slightly different. When you
discuss this with the NGOs or communities, your stress will be more on protection. So, again,
understanding of the local context is very important – who are the participants? What are
their backgrounds? What are they interested to learn about? For us, we do not want a
resource person to just come in for one particular session. The resource person ideally has to
come even before
ore the participants come. S/he has to know the background of the
participants before his/her session. Also, s/he will be able to know what they want to learn
about. Ideally, they should know who are the participants who are asking a lot of questions,
who are the shy ones, who are
a easily bored or sleepy, etc. And that is why we are pushing
for a multi-sectoral training – because we want that when we discuss Human
uman Rights, we
understand it collectively, and we use the discussions to understand one another more
deeply. This is really a unique situation for a multi-sectoral group. We also want the Human
Rights training to be a continuation of the dialogue process.
process
Q (AFP): For the military, sometimes, there is already a bias against us by some people in the
community. How do we solve that problem at the grassroots community level??
Atty. Marlon (ALG): Let us go back to the principles. We said that n
no
o education is ever
neutral: there
here always has to be an agenda. Our agenda is Human Rights education, and tthe
best educator on Human Rights
R
for the military personnel is not me or anyone from the
CSOs or even from the CHR. The best educator for military personnel would be the soldiers
themselves. Similarly, the
he best trainer for the police are the police themselves
selves beca
because they
can understand the context, situation and dilemmas.
dilemmas And that is really the reason why you
are all here – we want to have multi-sectoral training teams. As for the bias against the
security forces in the community, we hope that because of the multi-sectoral
sectoral approach that
we are taking,, we could enhance the relationship
rel
of the security sector and the local
community members and CSOs.
CSOs They will be able to see the good programs of the security
sector, for example. When our topic is about the military, we have soldiers in our team.
When the topic is about the police, we have police personnel in our team. We also have the
CHR and the CSOs. And this is the first time that we are doing this together as a training
5
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City
team. Maybe
ybe some of you already underwent our Human Rights training – but that was a
training. For now,
ow, we want to train and develop the training teams. That is the reason why
we have 8 persons per region – 2 from the AFP, 2 from the PNP, 2 from the CHR and 2 from
the CSOs. Ideally, the team will be given some time for demo teaching. You will facilitate it
with a multi sectoral group in mind. This is actually the first time that we will do this, but we
will also conduct this for Mindanao and Luzon, but Visayas is the pilot training..
We will also have demo teaching
teac
because we don’t want you to remain as participants
participants. We
want to train you to become
come the trainers. Please remember that for the entire duration of
the training - you will be wearing two “hats” (roles): one as a participant, and the other as a
trainer. For days 2 and 3, your “hat” will be as participants. We feel that it would be difficult
for you to facilitate the training
train
if you have not undergone the training yourselves
yourselves, but you
will undergo a compressed version
versio (2 days) of the 3-day
day Human Rights training program.
Then, for days 4 and 5, you will switch hats to be the trainer. So you will have the demo
teaching, critiquing, and planning. For tomorrow, use your participant’s “hat.
hat.” Don’t think
about the module or technical content first – just be the participant and absorb the
information being given.. After the 2-day
2
training, then we will go back to the training
background, objectives, methods used, you can study the module, etc. You will be provided
session guides and all the materials (videos,
(video Powerpoint
owerpoint presentations, case studies, etc)
which will help prepare you to facilitate the 3-day
3 day Human Rights training in your areas.
Our dress
ress code for the training: be as comfortable and as casual as possible. We under
understand
the military and police for wearing their uniforms today because that is your protocol. But
starting tomorrow, you can wear casual clothes.
Session 2: Overview of the
he Human Rights Training Program – by Atty.
Marlon Manuel (ALG)
Atty. Marlon (ALG) facilitated the last
l session for Day 1,
which is going over the 3-day
day Human Rights Training
program (please
please refer to Appendix A). He informed the
participants that they will undergo a “compresse
“compressed”
version of the training (Days 2 and 3).
3
Atty. Marlon mentioned
ntioned that Session 6 (Panel
Discussion) would no longer be done, but would be
explained later on how they can conduct it. He added that after the 22-day
day “compressed” training,
they will once again go over the schedule, but this time, they will discuss how
how,, as trainers, they shall
facilitate the sessions. Lastly, the participants were also shown the actual 5-day
day Training Program/
Schedule for the Trainers Training activity (please
(
refer to Appendix B).
). Basically, the first day will
w be
on the context, orientation and on Popular Education (a session which aims to help en
enhance the
skills of the trainer-participants).
participants). Days 2 and 3 would be on the “compressed” version of the 3-day
Human Rights training/s that they will facilitate in their
the respective areas, and finally, Days 4 and 5
would be on Demo Teaching, Critiquing, and Planning
P
for the next steps.
6
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City
Session 3: Training Proper (Condensed Training)
Session 3.1: Basic Concepts & Principles of H
Human Rights – By Atty. Myrfi
Gonzales (HRU)
The facilitator for the session was Atty. Myrfi
Gonzales,, the Executive Director of Human
Rights Unlimited (HRU), an ALG member
organization based in Cebu (please
ease refer to
Appendix E for the presentation).
After the short lecture, there was a video
presentation (NOTE: All videos shown during the
training are included in the Multi-Sectoral
Sectoral Human
Hu
Rights Training Handbook – DVD
D
format).
Afterwards, there was a Case Study application
workshop.
Workshop on Case Study Application:
Application



The group was divided into several sub-groups
Case studies were distributed to the members of each group (one case study each)
Instructions:
o Discuss your case study with your groupmates. Share a brief synopsis of your case
study.
o From among the
case studies in
your group, find
one
that
approximates a
common
local
human
rights
issue.
o During plenary,
share
the
following:
 What is the story about? Brief synopsis
 What human right/s was/were involved?
 What rights were involved? Were they civil, political, economic, social,
cultural?
 What rights were violated?
 Who were the stakeholders? What were their actions?
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Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City


Due to time limitations, there was a gallery viewing of their answers instead of reporting.
The facilitator said that during the actual 3-day Human Rights training, the participants
should present the workshop results in plenary.
The workshop outputs:
Group: Ronnan, Vincent, Ford, Jon
Case Study Chosen: ECUADOR TRADE UNION;
Enforcing Labor Standards
Rights violated:
 Right to fare wage (economic right)
 Right to decent working conditions (civil)
 Right to health (civil)
 Freedom of association (political)
 Right to livelihood (economic)
 Right to property (economic)
Stakeholders:
 International Confederation of Free
Trade Unions
 Rank and file employees
 Employers
Group: Rona, Lito, Lorena, Salve
Case: Violence Against Women & Children (RA 9262)
 Case involves a married woman
 Physically abused by husband
 Employed
 Infidelity
 No financial support
Rights violated:
 Right to dignity
 Right to life
 Right to health
 Right to good standard of living
Stakeholders:
 CHR – investigation, resolution
 Philippine Information Agency (PIA)
 Department of Social Welfare &
Development - referral
 PNP – blotter to PNP (Women and
Children’s Protection Desk/WCPD)
 Department of Health – medical certificate
 Department of Justice – legal processes
8
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
Group: Harold, Brigido, Leo, Rhojn
Case: Concept of culture: Far North and Far South
 Far North: tribal war
 Far South: Rido (clan wars)
HR Involved:
 Right to life (civil)
 Right to family (civil)
 Rights of the child (civil)
 Right to enjoy their properties
(economic)
 Right to live in harmony (cultural)
 Right to cultural preservation (cultural)
 Right to vote (political)
Stakeholders and their actions
 CHR, CSOs, AFP, PNP, LGU
 Monitor, report, investigate, convene
Session 3.2: Local Human Rights
R
Situationer – by Atty. Tonet Ramos (ALG)
The session was facilitated by Atty. Tonet Ramos, the
Deputy Coordinator of ALG – pleasse refer to Appendix
F for the presentation.
The session began with a Workshop. The participants
were first grouped according to their region (Regions
VI, VII, and VIII).
They were then asked to fill up the following matrix:
Human Rights (HR) Issues
Reasons or
Causes
Effects or
Impacts
Duty Bearers and
their Interventions
Claim Holders and
their Interventions
What are the most common human
rights issues and concerns that are
happening on the ground?
Do not limit to civil and political
rights violations – include economic,
social and cultural rights violations
as well
What are the
reasons or
causes of
these human
rights
violations?
What are the
effects or
impacts of
these human
rights
violations?
Who are the duty
bearers and what are
their responses or
interventions on
these human rights
issues and concerns?
Who are the claim
holders and what are
their responses or
interventions on these
human rights issues
and concerns?
9
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City
Workshop Outputs
Region VII:
HR ISSUES
REASONS/CAUSES
RESULTS/
IMPACTS
DUTY BEARERS &
INTERVENTIONS
CLAIM HOLDERS &
INTERVENTIONS
Sacada – child
labor (Negros
Occidental;
- Poverty
- Lack of education
- Increase in crime
rate
- Deprivation of
education
- Children (access to
justice, education to
basic services)
Displacement
(Cebu)
- Urban
development
- Court order
Trafficking of
women and
children
- Poverty
- Illiteracy
- Vulnerability
- Increase in
informal settlers
- Deprivation of
basic needs
- Increase in
sexuallytransmitted
diseases (STDs)
- Rescue operations
(PNP, DSWD, LGU,
DOLE)
- Information drive
(LGU, DSWD)
- Provided relocation
sites (LGU, DSWD, CHR)
- Rescue operations
(DOJ, PNP)
- Rehabilitation (DSWD)
- Women and children
(cooperate in the
prosecution of
traffickers)
Torture and ill
treatment (Use of
unnecessary force)
- Disobedience
- Resistance to
arrest
- Malpractices
- Reduced
confidence in law
enforcement
personnel
- Victims (introduction of
RA 9745 to law
enforcement agencies)
Child abuse
- Poor parenting
- Affects child
development
VAWC
- Vulnerability
- Regular conduct of
Human Rights trainings
(CHR, PNP, AFP)
- Random inspection of
jail facilities (CHR)
- Counseling (DSWD,
WCCD, WCPD)
-Conduct investigation
and arrest (PNP)
- Displaced families
(support government
programs)
- Parents (training in
proper parenting)
Region VI:
HR ISSUES
CAUSES
IMPACTS
DUTY BEARERS &
INTERVENTIONS
CLAIM HOLDERS &
INTERVENTIONS
Child recruitment
in armed conflict
Poverty
-Children in
extremely difficult
circumstances
-Stop education as a
result of poverty
-Family and children
- Other families seek
support from
government
VAW (violence
against women)
Ignorance, concept
of family
preservation
-Trauma
-Depression
-Demeaning of selfworth
Business and
human rights
(Sicogon and
Semirara cases)
Government
development
perspective
-Displacement
-CAHRHRIL team:
monitoring
- AFP: Identification of
child soldiers
- DSWD: custody and
welfare services
- CHR: monitoring
-CHR: gender ombud
- DSWD: welfare
services
- DOH: health services
- LGUs: welfare
programs & services
- PNP: protection
services
- AFP: Gender and
Development (GAD)
program
-CHR: convene parties
for dialogue
- LGU: review of
existing programs
- DENR: determination
of the land
- DAR: CARP
- PNP: maintain peace
and order
10
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
-Women victims: report
to authorities
- Seek support from
government and
NGOs/CSOs
-Residents/ informal
settlers: organized, seek
support from concerned
government agencies
Region VIII:
HR ISSUES
CAUSES
IMPACTS
DUTY BEARERS &
INTERVENTIONS
CLAIM HOLDERS &
INTERVENTIONS
WRV (Women’s
Rights Violations)
- 12 reported cases
in 2014
-Women are
already assertive
- Lack of education
about HR (VAWC
and other related
laws of both men
and women)
- Lack of success
stories on cases
against violators
- Cases unresolved
- Slow proceedings
of the cases filed
-Poverty
- Lack of education
about children’s
rights and other
related laws
- Cases unresolved
- Slow proceedings
of the cases filed
-Increase number of
cases being filed on
VAWC
- Increase of
number of broken
families
- The need for
enactment/
amendment of
women’s rightsrelated policies,
laws and programs
Promotion,
implementation of laws
and protection:
-Women and children
and their families
- Women’s groups and
NGOs
-Lack of respect for
Human Rights
- Lack of training
and education
- Lack resources and
government
support
-Fear & decrease in
trust to uniformed
personnel
- Efforts for
maintenance of
peace and the
establishment of
partnership
between the civilian
and uniformed
personnel are
compromised
-Increase in poverty
incidence
- Minimal access to
social benefits
- Internal
displacement
- Increase in the
incidence of
illnesses
Government, CHR, PNP,
DSW:
-Prosecution of
violators against the 12
cases reported to CHR
- Education and
information
dissemination
- Filing of cases and
prosecution of violators
CSOs, community:
-Reporting of violations
and to cooperate
Government, CHR, PNP,
DSWD:
-Prosecution of
violators against 11
cases reported to CHR
- Education and
information
dissemination
- Filing of cases and
prosecution of violators
CSO, community:
-Reporting of violations
and to cooperate on
the prosecution as
witnesses
CHR, PNP and AFP:
-Continuing education
and orientation for
personnel and staff
- Strict implementation
of administrative
sanctions
- Institutionalizing HRO
in PNP and AFP with
investigative powers
Government
CHR Advisory:
-Just compensation
- No eviction without
relocation
- No discrimination
- Access to government
basic services
- Relocation sites
(particularly for victims
of disaster, temporary
or permanent shelter,
complete with basic
facilities)
- Livelihood program
- Access to education
for children
Government (PNP and
AFP):
Victims of disaster,
informal settlers,
communities in declared
danger zones:
-Establishment of
People’s Organizations
(POs)
- Filing of petition and
cases before appropriate
bodies
CRV (Child Rights
Violations)
Enforced
disappearance
HLP (housing, land
and property
rights)
-Lack of
consultation and
public participation
in decision making
processes
- Discrimination
- Political affiliation
- Corruption
Other violations
-Violations in
- Lack of respect for
Human Rights
11
-Increase in the
number of
uneducated
children
- Increase in the
number of crimes
involving children
- Increase of HR
cases filed against
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
Promotion,
implementation of laws
and protection:
- Women and children
and their families
- Women’s groups and
NGOs
- Government
- Family and victims
- Financial assistance
Civilians (accused and
their families)
effecting arrest,
search and seizure
and the rights
under custodial
investigation
- Violations of the
rights of the
prisoners or
inmate for a
quality basic prison
facilities
- Abduction of
members of the
AFP
- Lack of awareness,
orientation and
education for
AFP/PNP personnel
- Corruption and
political
intervention
the PNP, AFP
- Fear of and
decrease of trust in
uniformed
personnel
- Dismissal of cases
against
accused/violators
-Continuing education
and orientation for
personnel and staff
- Strict implementation
of administrative
sanctions
- Insitutionalizing HRO
in PNP and AFP with
investigative powers
Atty. Tonet closed the session by summarizing the local human rights situationer, citing th
the most
common incidences, and the differences and commonalities across the different regions. She
mentioned that this would set the stage for the discussions during the entire human rights training.
Session 3.3: “IPSP” Bayanihan – by Maj. Ed Esquivias (AFP HRO)
The session on Internal Peace and Security Plan (“IPSP”)
Bayanihan was facilitated
acilitated by Major Ed Esquivias (Legal,
AFP HRO) – refer to Appendix G for the presentation.
presentation
He ended the presentation by citing the need for synergy
of efforts
fforts in Peace and Development between the military
and civil society.
He closed the presentation through a quote:
quote “YES to
peace! NO to armed violence! NO to armed struggle!”
struggle
Session 3.4: Human Rights
Rights-Based Policing –
by PCI Emmanuel Enriquez (PNP HRAO)
The session on Human Rights-Based
Based Policing (HRBP) was
facilitated by Police Chief Inspector Emmanuel “Eking”
Enriquez – please refer to Appendix H for the presentation.
He ended the presentation by citing several summaries:
on Capability and Advocacy Section,
Sect
on Policy
Development Section, on Human Rights Promotion and
External Affairs Division, on the activation of Human
Rights Desks, on Institutional and Policy Development, on
Capability-Building,
Building, on prevention and control of HRVs
(Human Rights Violations),
s), and on multi-sectoral
multi
cooperation.
12
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City
Session 3.5: Human Rights Defenders – by Atty. Tonet Ramos (ALG)
The session on Human Rights Defenders (HRDs) in the Philippines was facilitated by Atty. Tonet
Ramos (ALG) – please refer to Appendix I for the presentation.
She began the session by a brainstorming activity using metacards:
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Different colored metacards were given per table (yellow, green and white)
She instructed the participants to write on metacards:
o Characteristics or description of HRDs – yellow metacards
o Roles and tasks of HRDs – white metacards
o Issues and challenges faced by HRDs – green metacards
After several minutes, she asked the participants to post all their answers on the board,
arranged according to color (yellow – characteristics, white - roles, green - issues)
CHARACTERISTICS
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Helpful, patient
Knowledgeable on all aspects of
HR
Brave but God-fearing
Articulate and honest
Law-abiding
Observant and vigilant
Active
Maka-Diyos (pro-God), maka-tao
(pro-People), maka-kalikasan
(pro-environment), maka-bansa
(patriotic)
Responsible and accountable
Brave
Impartial
Respectful
Affectionate
Considerate
Service-oriented
Advocate of HR
Knowledgeable/well educated on
HR
Vigilant, fair
No politics
Role model of integrity
Open-minded
Has integrity, honesty
Patient
Organized
Courageous
Inquisitive and sociable
Genuine concern for people
Integrity and probity
Servant-advocate
Selfless
Impartial
Advocate of non-violence
Conversant on basic principles of
HR
Unbiased
13
ROLES/TASKS
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Educator
Facilitator
Service provider
Promotion of HR
Networking with relevant NGOs,
GOs on effective dissemination of
HR information, programs
Able to mentor others
Conciliator between state actors
and the general population
Advocate for vulnerable and
marginalized sectors
Assists in investigation of HRVs
Education and information
dissemination
Reporting and filing of petitions
or cases
Responsible in handling sensitive
HR cases
Protect and promote HR
Catalyst for change
Mediator
Promote, protect and defend HR
Internalize the true meaning of
HR
Monitor observance and
compliance to HR standards,
treaties
Educate people
Uphold and advocate HR
Visit far-flung areas and conduct
lecture/seminars
Protector, promoter of HR,
vehicle of fulfillment
Educate victims of HR violations
on their Human Rights
Educate the community on basic
HRs
Monitor strict adherence to HR
policies
Promote and protect HR
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
ISSUES/CHALLENGES
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Support/No support from other
HR advocates
Personal security issue – needs
training
Politics & political
accommodation
Culture/”nakasanayan na”
Violation of one’s HRs, how to
stop these violations through
education
Logistics, logistical support
(sustainability)
Openness and readiness of the
end users
No full support from other
stakeholders
Fear of harassment/fear for their
lives
Corrupt individuals, no
satisfaction
Risks to life
State actors – Human Rights!,
non-state actors – Alright!
How to respect and fulfill HR
Strict adherence to HR
Must be knowledgeable on HR
and other laws
Must be straightforward
Know how to handle difficult
situations
Legal issues (filing of case,
implementation of laws, political
issues, etc)
Insufficient support from proper
authorities
Transparency (stereotype notion
about government authorities)
Justice delayed is justice denied
Cases are filed
Other violators cannot be charged
because of false identities
CHARACTERISTICS
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Smart, professional, just,
versatile, fair, competent
Proactive
Learned
Dignity and integrity
Dedication to duty
Well equipped on basic laws and
instruments on HR (national and
international)
Diplomatic
Independent
Outspoken, assertive
Positive mindset
ROLES/TASKS
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Educator, enforcer, protector,
promoter
Reporting
Production and dissemination of
IEC (information, education and
communications) materials
Willingness to stand witness
against HR violators
ISSUES/CHALLENGES
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Seen as culprits of HRVs
Incapable of observing HR or
incompetent
Security threats
Hostile areas and personalities
involved
Training (technical and legal)
support
Funding support
Harassment/SLAPP (Strategic
Lawsuit Against Public
Participation) suits
Security/death threats
Viewed as NPA sympathizers;
viewed as enemy by some AFP,
PNP personnel
Viewed as “anti--development”
(especially environmental
workers)
Subject to HRVs themselves
Limited resources during delivery
of services
Lack of information and
education materials
After the participants posted their metacards, Atty. Tonet read some of them aloud.
a
She said
that since there was a time limitation, she will no longer go into clarifications and analysis of
the metacards,
cards, but she said that during the actual Human Rights trainings,
inings, they could spend
some time for clarifications and clustering the metacards which have similar thoughts (but
they should still be conscious of the time).
She then proceeded with the input, referring often to the answers given
n in the metacards.
metacards
The last activity for this session was a Video Showing on Human Rights Defender
efenders (included
in the Multi-Sectoral
toral Human Rights Training Handbook).
Session 3.6: Search & Seizure, Arrest, and Detention with Custodial
Investigation – by PSI Gerard Ace Pelare
Pelar (PNP Region VII)
The session was facilitated
ated by Police Senior
Inspector Gerard Ace Pelare (PNP, Region VII)
VII –
please refer to Appendix J for the presentation.
presentation
During the presentation, with the help of some
participants, there was a demonstration of proper
arrest procedures.
Question and Answer:
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Q (CHR): Do we really need to bring the
warrant of arrest during the actual arrest? We have a case where a police officer was
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Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City
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charged with indirect contempt
tempt for not bringing the warrant of arrest during the actual
arrest.
A: What we at the PNP are observing is that
t
it is not really required for us to bring the
warrant during the arrest. I don’t know why the police officer
officer in your case was cited with
indirect contempt. I cannot really answer that – I have to know all the circumstances. I
believe that that there is no requirement for the police officers to bring with them the
warrant – provided that if the warrant is asked, it should be shown and made available in the
soonest possible time or within reasonable time. We are not required to bring the warrant
also for practical reasons. First, there are only a few
copies of it. Second, once the suspect is known to the
police officers that he has a warrant, anybody,
a
even
if he is not assigned to that particular station, can
effect the arrest, so long as the apprehended is
informed that he has a warrant, and you should show
the warrant within reasonable time after the arrest.
Q (CSO): But how long is “reasonable”
“reasonabl time?
Atty. Arvin (CHR): It really depends on the area,
context and circumstances. For example, in the southern part of Cebu, the police officer
knew of a suspect that has a standing warrant of arrest. And the warrant was filed at Cebu
City. So he called Cebu
bu City to confirm that the suspect
pect indeed has a standing warrant of
arrest. Once, they confirmed, it, they can arrest the
suspect. So you do not have to bring the warrant with
you, but he should be able to show it in the soonest
possible time. That is allowed by law. The rules of
court allow that.
Q (AFP): How long would it take for “hot pursuit”
operations to be legally binding?
A: The existing jurisprudence is 14 hours. That is my
quick answer – but then again, it depends on the local
circumstances.
Q (AFP): Should operations
operation be continuous? How do
you define continuity of hot pursuit?
A: What we usually do is that we create a task group
with CIDG which will focus on identification and arrest
of the suspect. It will then show that the actions of
the police are continuous: right
righ after the incident,
there was a group created purposely to arrest the suspect, so it was a continuing effort. That
is the problem often encountered by the PNP – how to justify the time involved in hot
pursuit arrest – the limit of the law is only 14 hours,
hours, but usually in the field, we cannot beat
that time, especially if the case is complicated.
Atty. Arvin (CHR):: 24 hours is still a reasonable period of time – you can cite People vs.
Gerente.
Q (AFP): If you chanced upon a suspect that is personally known
known by your asset as being a
member of the New People’s Army, can you arrest him? Although he is just walking around
15
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City
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in the marketplace and is not actually committing a crime, can we arrest him, considering
the fact that he is a rebel and rebellion is a continuing
continuing offense against the government?
Atty. Arvin (CHR): Subversion is different from rebellion, so you have to clarify that. But in a
1991 case, a suspect was attending mass, then right afterwards, he was arrested without
warrant. The arrest was being
bein questioned whether it was unlawful or not. However, it was
said that rebellion is a continuing crime, so even if you are just attending mass, you are still
engaging in rebellion, so you can still be arrested at any time.
Q (AFP): Is there any difference
difference in the prescriptive period for a person arrested with or
without a warrant? If there is a warrant, you have to
turn him over to the police within a certain period of
time. But how about if there is no warrant, do we still
need to observe the same period of time to turn him
over to the police?
A: What I know is that the reglementary
reglementa period (for
filing charges) will only apply if it is a warrantless
arrest. You need to deliver that person to the proper
judicial authorities within specific periods of time,
according to his offense. For example, within 12
hours for light offenses, you have to file a case. For
heinous crimes, 36 hours is required for the police to
deliver him to the judicial authorities and file a case.
But whether it is an arrest with warrant or a warrantless arrest, you still have to bring the
suspect to the police station.
Q (AFP): What is our remedy? What if we caught a suspect in the hinterlands,
hinterlands, how can we
meet the reglementary
ry period within the required period of time to turn him over to the
police? Can’t we just coordinate with the nearest barangay LGU?
Atty. Arvin (CHR): Once you arrest any person, warrantless arrest, for instance – you have to
turn him over to the police within a reasonable period of time, and reasonable time really
depends
epends on the local circumstances. If the operation was in the hinterlands, and it is night
time already, it might be dangerous or risky for you and the suspect
suspect to walk around at night.
night
Or if there is a typhoon and the only bridge leading to the community is flooded. Under the
law, there is no prescribed
bed period – but the minimum standard is to bring the arrested
person to the nearest police station within a reasonable period of time.. Normally, and in the
real-world sense, that is usually within 3 days – but
ut if you have justifying circumstances, it
can even be more than 3 days. For the period of detention in warrantless arrest, the
maximum is 36 hours. But in the Human Securities Act under Anti-Terrorism,, the law allows
3 days, but it can expand to 5 days detention
d
without filing a case – but only if there is an
approval from the CHR. You can coordinate with the barangay, but you still have to turn over
the suspect to the nearest police station.
Q (AFP): Can we use “tipped
tipped information
information” from any person or any source? Some sol
soldiers
were tipped that there were guns in one vehicle, but during the conduct of search, they
came out negative. In the end, a case was filed against our soldiers. What is our safeguard in
using tipped information?
16
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City
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A: If you are not sure, refer to the POP (Police Operational Procedures) manual. Tipped
information is provided for in the POP. Tipped information could give you an authority to
conduct a warrantless search. Tipped information is generally of use for checkpoints –
wherein if a criminal flees, the adjacent checkpoint is alerted to conduct warrantless search
on moving vehicles.
Comment (CHR): It is also safer to coordinate with the police first since law enforcement is
primarily tasked to the police. So for the military, please coordinate with the police. If the tip
was that there were guns inside a house, you can coordinate with the police. What the
police will do in this example would be to apply for a search warrant.
Q (AFP): But in the absence of the police, and the suspects might get away, what do we do?
Comment (CHR): That is a risk that you are taking – if you want to take that risk, then
sometimes, a case might be filed against you for violating certain technicalities, or for not
observing all the proper protocols. Our advice to the military is to coordinate with the police.
Comment (CHR): In another perspective, tipped information may also be subject to abuse.
Some people will provide information with personal motives. Perhaps, he may be angry with
that person, or the person may come from a rival political party, or there are property
disputes, so they will inform the police. The best thing to do is still to coordinate with the
police because they would know what to do. Without the presence of the police, my advice
is for you to wait.
Comment (CHR): That is already a Human Rights violation on the right to security. So it is
really better to first secure a search warrant (to avoid cases of HRV against you).
Atty. Arvin (CHR): Just one more point: Do not rush things – leave it to the police. If the
tipped information is coming from a reliable asset, they will bring that informant to a judge,
who will probe him, and will issue the search warrant. Otherwise, the police will conduct
surveillance based on the tipped information, and later on apply for a search warrant. I want
to thank you for your very honest admissions. Some military personnel will change their
story in their affidavit – for example, they will say that it is under “plain view” – even if they
got it inside the house. So I commend you for being honest and open, and for following the
strict procedure of the law, and being compliant with the minimum standards of Human
Rights.
Comment (AFP): In our operations in the hinterlands, what we do is to invite the barangay
officials to witness the arrest. Even if we have the warrant of arrest or search warrant, their
presence gives us some more “legitimacy.” But before we conduct a search, we thoroughly
verify the gathered information. Although we have some guidance on the proper protocols
to observe, when we conduct the actual operations on the ground, we feel that we are the
ones being chased after by the CHR, as attested to by our personal experiences – when, in
fact, we were just given clear orders to accomplish a task. So sometimes, we hold a grudge
against the CHR. Anyway, in the absence of police officers, we coordinate with the barangay
officials. We involve them and ask them to observe the actual search and arrest, even if
sometimes they are hesitant to get involved.
A: Just to give you a reality check – for the information of everyone: the PNP is way
undermanned. So it is understandable that we hear comments that the police are not there,
especially in far-flung areas. Our manpower is normally around 21-30 persons per police
17
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
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station, and that includes the administration
admin
and office-based
based staff. But in far
far-flung areas
and in small islands, there would even be less – around only seven or eight.
Atty. Arvin (CHR):: You bring in the barangay captain to observe the search? For searches
conducted in a house, the general rule is that there should be a search warrant. Only in
highly exceptional cases will the court allow searches without
without a search warrant. So avoid
Human Rights Violation charges against you by first securing a search warrant.
Atty. Marlon (ALG):: That is an important point raised. One point that we need to emphasize
is that the search warrant and following the proper procedures is not only for the protection
of the civilians, but also for the protection of the security officers as well. That is iimportant
to know because you will be relied upon by the police and military participants in your
trainings – and not all AFP personnel will know these needed information. Compliance
ompliance with
the rules is for the protection of the civilians, as well as for the protection
protection of the security
personnel. That is how important your role is during the trainings - as peers to help your
fellow peers.
Session 3.7: International H
Humanitarian Law and RA 9851– by Maj. Ed
Esquivias (AFP HRO)
The session was facilitated by Majo
Major Ed Esquivias (AFP HRO) – please refer to Appendix K for his
presentation.
Open Forum:
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Q (AFP): What can you say about the “farmers
“
by day, rebels by night?” Are
re they protected
persons or combatants?
A: We have to observe the principle of distinction. Once they are bearing arms, they are
already considered
combatants,
but
once they do not
carry arms, they
are
considered
civilians.
Comment (AFP):
On the ground,
when we know
that he has arms, even if he is not carrying them and is just farming, we already conside
consider him
to be armed
d because he is a sympathizer of a rebel group.
Comment (CHR): I think that it is a very dangerous theory – that being a farmer cum rebel
sympathizer, you will then consider him to be a combatant, even if he is not carrying arms
arms.
Because if you consider him a combatant, then he becomes a legitimate target, and you can
therefore shoot him any time.
time For the ICRC (International Committee of the Red Cross), the
civilian population must be protected. But the moment he carries arms, then he lose
loses his
protection.
18
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City
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Comment (AFP): In our ROE (Rules of Engagement), even if he is armed and is a rebel, or is a
sympathizer, but if he does not have any arms, then he is still considered a civilian. It is only
once he takes up arms that he is considered a legitimate target. If he has no firearms, we
cannot target him. That is in our ROE and is being observed. However, in the level of the AFP
on the ground, there is no clear distinction for the “farmer by day” and “rebel by night.”
A: As far as I know, there is no clear-cut policy on that. You see, there are 2 major schools of
thought regarding this. One thing is clear: if they have arms, they are combatants, and if not,
they are civilians. But let us stretch it further – if they are farmers by day, but by night, they
become armed rebels who engage in ambush operations, for example - at what point does
he become a combatant? One school of thought is that he becomes a combatant the
moment he picks up his arms and plans for the ambush operations, but if he has no arms, he
is a civilian. But another school of thought is that as long as he is helping in the armed
conflict (such as providing information to the tactical advantage of the rebel movement),
then he is already considered as directly participating in the armed conflict.
Q (AFP): What official view do we carry? What is the official policy?
A: There is no clear-cut policy on this. That is why there are 2 major interpretations.
Comment (AFP): Based on our practical experience out in the field, once a person takes up
arms, then even if he is just farming by day, but he has guns, then we consider him as a
combatant already.
Comment (CHR): We might confuse rebellion as a crime, and being a rebel wherein we are
going to arrest that person, or, following the principle of armed conflict, we will even shoot
that person. In the IHL, we even consider the hors de combat – meaning, even if he is a
combatant, but if he is no longer capable of fighting anymore, then we should distinguish
these people and not shoot at them.
A: OK. All of you are correct. But just to be clear, we will put things in the proper
perspective. It is good that we are talking about this now, because those questions will
surely arise in the trainings you will facilitate and cascade in the areas. I heard the words
sympathizer, the hors de combat, and we have a gray area for the so-called “farmers by day,
rebels by night.” So let us go back to the ICRC concept. From the moment that he took up
arms, then he is a combatant, but when he went home and is simply farming, then he is a
civilian. For sympathizers, when you give food to the rebel groups who come to your village,
are you automatically a sympathizer? Not necessarily. Sometimes, the people in the
hinterlands do not have much of a choice. A lot of times, they are relatives, so he gives them
food even if he does not believe in their cause. But if he sympathizes with their cause, then
we have to discern in what way he is directly participating in the conflict. If you assist them
in committing a crime or is in furtherance of rebellion, you are now directly participating in
the conflict. Did you see the movie Black Hawk Down? We have a movie clip of that in your
DVD. There was a child who called up a rebel using the cell phone – he alerted the Somalian
rebels that there were some Americans going in their direction. That can be considered as
directly participating in the conflict, even if he doesn’t have any arms. For the Americans,
that child becomes a target because he compromises their operations. The AFP plans to
make an IHL doctrine together with the ICRC – but it’s still in the works. We want to make
this document in order to avoid such gray areas. It will answer definitively what we mean by
“directly participating in the conflict.” There are many cases wherein some NPA (New
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Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
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People’s Army) members come to your hut, and you have to feed them. But just because
you fed them does not automatically mean that you are already directly participating in the
armed struggle. There must be other evidences to prove your direct participation to the
conflict.
Q (AFP): Mosques cannot be attacked. But what if they make a mosque as their command
post and they are planning and conducting their operations from the mosque? What if they
use the mosque to harbor the rebels? Would it still be protected?
A: Then that mosque loses its civilian character and becomes a legitimate military targetbecause they are now using it for purposes of war, and not for religious purposes.
Q (PNP): In the presentation, what does the term “No quarter will be given?”
A: That means they will keep no survivors, or that they will kill everyone – men, women,
children, elderly, etc.
Q (CHR): This law was passed in 2009. Have there been any prosecutions from IHL violations
already?
A: As far as I know, Mr. Nur Misuari, a Moro revolutionary, has been charged with a case of
violation of RA 9851. For the military or police personnel, I haven’t encountered a case yet.
Q (AFP): If the violator commits treacherous acts, like one group would use of the flag of
truce, and if the other group thinks that they will surrender, they then commit treacherous
acts, like shooting at the other group members, how will these violators be prosecuted?
A: That will be considered as perfidy because they used the flag of truce treacherously. The
question is how can you prove that? The military should report that, but it should be
corroborated by other witnesses and evidences. In the end, it will boil down to a matter of
evidence whether a perfidious act was committed or not.
Q (AFP): But how will the evidence come out? There are very few people out there in the
hinterlands. Probably, only those directly involved are the only people out there – so will it
be largely a matter of “their word against mine?”
A: It will really boil down to who has the most evidence. You see, this is still a very new law,
and it has not yet been tried. I know of only one case filed – Mr. Nur Misuari’s – so that will
be the test case. But I know judges are now being trained by the ICRC on IHL, including the
prosecutors/fiscals. For the CHR, you may have heard of the Administrative Order 35
mechanism. There was a seminar-training last year for the CHR, PNP, NBI (National Bureau
of Investigation) and DOJ (Department of Justice) prosecutors regarding the AO 35
mechanism to address extra-judicial killings, enforced disappearance, torture, and other
grave violations, including IHL violations.
Q (AFP): Why is it that when uniformed personnel commit violations, the CHR is very quick
to react and condemn us, while if the CPP (Communist Party of the Philippines), NPA (New
People’s Army) and NDF (National Democratic Front) commit IHL violations, like the use of
control-detonated IED (improvised explosive device), there is very little reaction from the
government? Will they just condemn, and then not do anything? What should we do?
A: That is the challenge for us now. There are still a lot of people who do not know about
this law, even if it was enacted in 2009. So there are a lot of trainings to make it known right
now. There is also a MOA (Memorandum of Agreement) between the CHR and the DOJ for
capacity-building and information dissemination about this.
20
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
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Q (AFP): The NPA uses aliases,
aliases not their real names. If we see war crimes that they commit
commit,
how can we file a case against them if they are using fictitious names or aliases
aliases?
A: Under the AO 35 mechanism, and the AFP is part of that, if there are IHL violations, they
can file them at the fiscal’s office,
office and the fiscal is the head of the special investigation team
– he will direct the
police and the NBI to
conduct an investigation. If a person is
using an alias, that alias
will appear in the case,
eg. a case versus Mr.
Juan de la Cruz, alias
Kumander Juan.
Q (AFP):: I will just share with you our predicament – we know that some orders are unlawful
or illegal. However, if we do not follow orders, we will face the ire of our officers. So what is
the best advice for the troops on the ground? We are fearful not to follow the orders of our
officers.
A: When the AFP came
me out with the “IPSP” Bayanihan, it was for the observance of every
officer and personnel. We abide by Human Rights, IHL and the rule of law. So when these
things happen, the officers should be reminded of our observance of Human Rights, IHL and
rule of law. We also suggest
suggest that you document everything, so that if charges are filed, you
will have some evidence in your favor.
Q (AFP): We all know the rebel groups MILF (Moro Islamic Liberation Front), MNLF (Moro
National Liberation Front), and the CPP-NPA (Communist
Communist Party of the Philippines
Philippines-New
People’s Army). What about the Abu Sayyaf Group (ASG) and the BIFF (Bangsamoro Islamic
Freedom Fighters)? Are they also considered as rebel groups?
A: The ASG is a criminal group. It is simply a bandit group that engages in kidnapping and
extortion. So they are not in the same level as the MILF and MNLF and CPP-NPA.
CPP
For the
BIFF, there are no official
icial pronouncements on them yet. For
or IHL to apply, the group should
have a command structure – and itt appears that they have a command structure (they have
a leader – Umbra Kato). Second, they must have an area under their “control.
control.” The MILF,
MNLF and CPP-NPA
NPA have them, so they are considered rebel groups. But the BIFF does not
have them – so my personal opinion is that they do not qualify as a rebel group in the same
level as the MNLF, MILF and CPP-NPA.
CPP
But let us wait for the official pronouncements on
them from the government.
government
Q (CSO): Are the NPAs tagged as a terrorist group?
group
A: It was not the Philippine government who called them a terrorist group. It was the US
government which did that. The NPA was included in a list of terrorist groups worldwide for
purposes of American law to prosecute them for terrorism. They were even after fund
transfers, etc. The IHL violations that they commit include hostage taking, use of IEDs,
burning of equipment and civilian objects, attacks
attac on civilians, kangaroo courts, etc. If IHL
violations are committed, then let us not close our eyes and be blind to that. We should
bring to justice those who are culpable for them. If the AFP committed them, then we will be
accountable for them. But it should also be the same for the rebel groups.
21
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City



A: I would just like to add something on red tagging or red baiting. If you remember the
inputs on Human Rights Defenders – if one walks like a duck, and quacks like a duck, then it
is a duck. That is not necessarily so. We don’t have a crime of red tagging or red labeling, but
a policy is now being crafted in the AFP which prohibits military personnel from tagging or
labeling someone as a communist. Under Philippine law, communism is not a crime. And
with the repeal of the Anti-Subversion Law (RA 1700), being a member of the Communist
Party of the Philippines (CPP) does not make you a criminal.
Comment (CHR): I would like to offer some information because some military personnel in
the field do not know about this. We have the CARHRIHL (Comprehensive Agreement on
Respect for Human Rights and International Humanitarian Law), and the NPA is a party
signatory to that agreement. In Region 6, there was a booby trap placed in a populated area.
So we filed a case of IHL violation against the NPA, and at the same time, a case of violation
of the CARHRIHL because they are a party to that agreement, just like the NDF (National
Democratic Front), CPP (Communist Party of the Philippines) and RPA/ABB (Revolutionary
People’s Army/Alex Bongcayao Brigade). It was surprising for us that some members of the
AFP in the field do not know about CARHRIHL, so we should help disseminate information
about this.
A: Thank you very much for bringing that up. The CARHRIHL is not a treaty – it is an
agreement and monitoring mechanism on the observance of human rights and IHL. It has a
joint monitoring committee which includes the OPAPP (Office of the Presidential Adviser on
the Peace Process) and the NDF. However, the joint monitoring committee has not been
able to meet recently because the peace talks have bogged down. When the OPAPP receives
reports or complaints, it refers them to the DOJ for filing of cases. Yes, that is right, some
AFP members do not know about CARHRIHL. But sometimes, they file a complaint with the
CARHRIHL, but they forget to file the complaint with the CHR and the DOJ, or even the
police.
Before the break, there was a video showing on IHL. Afterwards, there was a case study on IHL.
Case study on IHL:
Having fallen victim to an ambush in which several of their comrades were killed, an army platoon is
currently in hot pursuit of several rebels late at night. The rebels have scattered, and the platoon
pursues a certain rebel whom they believe to be the commander. The rebel commander runs into
what appears to be a civilian village and into a
darkened hut.
The platoon proceeds cautiously, but when a
burst of gunfire comes from the general
direction of the hut, they return fire despite not
seeing their target, with over a dozen assault
rifles raining bullets on the hut.
After a few minutes, the army platoon
inspected the hut and did not find the rebel
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Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
commander anywhere. What they found was a family of three civilians (a mother, with her two sons,
aged 4 and 2), who had apparently been asleep, and is now dead.
The military unit, charged with murder which resulted in the death of three civilians, claim, as their
defense, that they were caught in a legitimate encounter and responded accordingly. They also
claimed that the hut ceased to be a “civilian object” and became a legitimate object of attack when
the rebel commander entered it.
GUIDE QUESTIONS:
1. Did the hut with civilians lose its civilian character?
2. Did the military unit exercise the appropriate amount of caution before attacking the hut
after a burst of gunfire came from the general direction of the hut?
3. Was the military unit correct to claim as their defense that they were caught in a legitimate
encounter and responded accordingly?
4. Is this a case of extrajudicial killing or an IHL violation?
Some time was given for the groups to discuss the case study and come up with their answers.
Afterwards, they went over the questions in plenary.
Question 1. Did the hut lose its civilian character?





It was a darkened hut
There was a burst of gunfire from the general direction of the hut
They fired at the hut. Take note that it was night time
They opened fire
Are they right or wrong? WRONG – they did not exercise the principle of precaution, and the
principle of distinction – they should distinguish if the people in the hut were combatants or
non-combatants. They should first establish if the gunfire really came from the hut.
Question 2. Did the military unit exercise the appropriate amount of caution before attacking the hut
after a burst of gunfire came from the general direction of the hut?

It appears they did not exercise the appropriate amount of caution. Whenever there are
civilians in the area, you should exercise extreme caution.
Question 3. Was the military unit correct to claim as their defense that they were caught in a
legitimate encounter and responded accordingly?

NO – they were caught in an ambush, but the hut was located far from the encounter site.
Question 4. Is this EJK or IHL?



It was committed in the nature of armed conflict, so this is an IHL violation.
Q: Would it be valid if they claim self-defense, because they were shot at?
A: It would now be a matter of evidence. So we advise people to document everything – for
all it’s worth, you may be able to use them later on as evidences in your defense.
23
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
Session 3.8: Anti-Torture
Torture Act – by Maj. Ed Esquivias (AFP HRO)
The session was facilitated by Maj. Ed Edquivias (AFP HRO) – please refer to Appendix L for the
presentation.
Open Forum:






Q (AFP): Do we have statistics on how many AFP personnel have been charged formally
under the anti-torture
torture law?
A: The Human Rights Office
ffice of the AFP was created with 3 basic functio
ons: advocacy,
monitor HRV cases filed,, and to engage with stakeholders
takeholders for institutionaliz
institutionalization of
mechanisms. Complaints against AFP personnel are seldom filed with the AFP – normally,
they are filed with the CHR, PNP, DOJ or fiscals, or the Ombudsman. So, for violation
violati of the
anti-torture law, I do not know of any
a
cases filed with the AFP. But I know
that there are cases filed with the
CHR, especially with the AO 35
mechanism,
chanism, the CHR and Ombudsman
are observers to that mechanism. I do
not have the exact number, but there
are complaints filed
d there against AFP
personnel
rsonnel who committed acts of
torture.
Q (CSO): What about the Binayug torture case?
A: It might interest you to know that what
what was filed against Colonel Binayug was not actually
torture, but for another crime – I think it was for extortion or something. We don’t know
why, but the complainant did not file a torture case. But still, he was dismissed
missed from the
service. There was overwhelming
verwhelming evidence against him. You have all seen the video clip,
right? He was identified in the video as the one pulling the string
string attached to the penis of the
victim. Unfortunately, after a few months, the victim died,
died, so they were not able to file a
torture case. I don’t know if a torture case was filed with the CHR, but
ut included in the AO 35
mechanism is a plan to revive
reviv the case.
Comment (CHR):: I would like to take this opportunity to share a positive comment. Last
year, a bomb was exploded from an army vehicle,
vehicle and the
he explosion victimized some
members of the Philippine Army. They were able to apprehend 2 suspects, one of wh
which was
a child. They turned the child over to the police. When I interviewed the child who was
believed to be the one who planted the bomb, I asked him if he was physically or verbally
attacked while he was still in the custody of the Philippine Army, and I was very pleased to
hear that he was treated well. So I believe that the concept of human rights is being
institutionalized somehow in the Philippine Army.
A: Thank you very much, sir. Incidentally, the Chief of the Human Rights Office of the
Philippine Army Advocacy Division is here – we have Major Harold Garcia. Sir, we commend
you! That’s
hat’s why we need you to
t help us. Let us help one another.
24
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City
Case Study on Torture
On 21 March 2011 at 6:00 am, combined elements of 93rd IB (Infantry Brigade) while conducting
combat operations at vicinity Barangay Mataas na Kahoy, Perez, Quezon, and by virtue of a Warrant
of Arrest for Kidnapping and Serious Illegal Detention pending at RTC Branch 1 in Perez, Quezon,
arrested a certain JOHN MAGSICO, 39 yrs old. He had in his possession a Cal.45 pistol and
ammunition.
Since it was a Sunday and there was no fiscal at the Prosecutors’ Office in Lucena City, MAGSICO was
detained at the Intelligence Compound of 93rd IB in Perez Quezon. He was turned over to CAPTAIN
ROLAN JAVIER, the Headquarters Commandant.
On 24 March 2011 at 1:00pm, MAGSICO was brought for physical examination prior to presentation
to the fiscal, who determined that there was probable cause to pursue the case of illegal possession
of firearms and ammunition. The fiscal instructed that MAGSICO be brought to the court which
issued the warrant. However, since there were no more court personnel present, the suspect was
again brought to the 93rd IB Headquarters, accompanied by SERGEANTS ANVILO REYES, AUGUSTO
BATTUNG and TED PABLO.
At about 8:00pm of 24 March 2011, CAPTAIN JAVIER decided to extract other information from the
suspect. During the interrogation, CAPTAIN JAVIER ordered the sergeants to handcuff and blindfold
the suspect and submerge his head in water for 20 seconds. This was repeated five times but he was
not satisfied with the suspect’s answers.
Then CAPTAIN JAVIER ordered MAGSICO to be tied to a post. He then ordered SERGEANT PABLO to
pour gasoline from a 1.5 liter bottle of soft drink on the victim’s chest. He then began to light match
sticks about a foot away from the suspect while asking him to reveal where he was keeping his other
weapons.
At one point, (as could be expected) the fire from the ignited match stick reacted with the gasoline
causing burns on various parts of his body as well as portion of CAPTAIN JAVIER’S eyebrow and hair.
CAPTAIN JAVIER ordered SERGEANT BATTUNG to apply first aid and let MAGSICO take antibiotics.
The following day, when CAPTAIN JAVIER
informed the Commanding Officer of the 93rd IB
regarding the incident, the latter ordered
CAPTAIN JAVIER to refer the suspect to a
physician for proper treatment. However since
the 93rd IB Headquarters was served with a
Court Order ordering the Commanding Officer to
bring the suspect (MAGSICO) to the court within
one hour from receipt, on basis of a petition for a
Writ of Habeas Corpus, the Commanding Officer immediately brought the suspect before the court.
Upon investigation, SERGEANTS REYES, BATTUNG and PABLO were discharged from the military
service, while the case against CAPTAIN JAVIER is still ongoing.
25
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
Questions:
1. Is there a violation of the anti-torture law? Explain.
2. Who are/may be liable?
Q.1: Is there a violation of the anti-torture law?

Answer: YES
Q.2: Who may be liable?




Sergeants Reyes, Battung and Pablo – because they blindfolded the suspect, submerged the
victim’s head under water and poured gasoline on the victim. They were all discharged from
the service.
Captain Javier – he is liable as principal offender.
Q (CSO): Is the Commanding Officer liable also as a principal offender?
Maj. Ed (AFP HRO): In this case, he only knew about it 4 days after the incident. The
important thing is what he did once he knew about it. Once he knew about it, he ordered
the victim to be brought to a physician. However, they were ordered by the court to bring
the detainee to court within one hour from receipt of the court order, so he may not have
had any time to do anything anymore (like to conduct an investigation). So the Commanding
Officer may or may not be liable, and it will now be up to the prosecutor to determine the
liability of the Commanding Officer, but definitely, Captain Javier is liable.
Session 3.9: Anti-Enforced Disappearance Law – by Maj. Ed Esquivias (AFP
HRO)
The session was facilitated by Maj. Ed Esquivias (AFP HRO) – please refer to Appendix M for the
presentation.
Case Study on Enforced Disappearance:
On 250800H November 2014, military intelligence agents
raided a house in a certain barangay in Lahug, Cebu,
armed with a search warrant and warrants of arrest
against the Quimson spouses, known high-ranking rebel
leaders of the CPP-NPA-NDF, being the Secretary General
and Finance Officer respectively. After arresting the
spouses and confiscating the subversive documents and
other materials in the said house, the arresting team
immediately coordinated with the police authorities and was directed to proceed to a nearby camp
for processing of the suspects. The team was also advised to coordinate with higher headquarters,
so that the arrested spouses will be airlifted to Manila and detained at the PNP Custodial Center.
This is to obviate any attempt to rescue the suspects and to ensure their security and safety.
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Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
Upon learning that the Quimson spouses will be brought to the military camp due to its proximity to
the place of arrest, the Camp Commander immediately declared a “red alert” status. Upon arrival at
the said camp, mug shots and fingerprints were taken from the Quimson spouses. They were then
brought to the airport, after which they were brought to Manila and straight to the PNP Custodial
Center where they were detained.
Meanwhile, two (2) persons went to the camp and verbally inquired from the Camp Commander if
the spouses were detained therein. They were asked who they were and what was their relation to
the spouses, and were further requested to show their IDs and fill-up the prescribed form as part of
security/visitation procedures. The visitors claimed that they were relatives of the suspects but
refused to show their IDs or other forms of identification, saying it would violate their constitutional
rights. Thus, they were refused entry, even more so because the camp was on heightened alert.
An hour later, a press conference was called by a local NGO. It was learned that the two individuals
who refused to identify themselves to the camp authorities were the same persons who called the
press conference, to accuse the military of the crime of enforced disappearance. They alleged that
the military concealed the whereabouts of the couple and refused to acknowledge that the suspects
were in military custody. They further accused the military of planning to kill the Quimson spouses.
GUIDE QUESTIONS:
1. Was the NGO correct in saying that the crime of enforced disappearance was committed in
this case?
2. Did the military and the police act lawfully in arresting the suspects, processing them in a
military camp, and airlifting them to Manila?
3. Was the military correct in refusing entry to the two individuals and for refusing to entertain
their inquiry?
Maj. Ed (AFP HRO): Was the NGO correct in saying that enforced disappearance was committed? NO
– because they refused to show their IDs. They refused to cooperate and comply with the proper
procedures, so the military had no duty to inform them. The law states that relatives and friends, or
even human rights organizations can inquire on their whereabouts. Also, they can ask the military to
fill up the Certification (Inquiry into a Reported Disappeared Person’s Whereabouts) – but they have
to properly identify themselves – who they are, whom they are looking for, etc. They refused to
cooperate. If you were the camp commander and some people come to you with an inquiry, but
they refuse to identify themselves, and your camp is in Red Alert, you do not have to give them any
information. I guess we already answered questions 2 and 3 already.
Session 3.10: Administrative Remedies in the AFP – by Maj. Ed Esquivias
(AFP HRO)
The session was facilitated by Maj. Ed Esquivias (AFP HRO) – please refer to Appendix N for the
presentation.
27
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
Question and Answer:





Q (AFP): Is forum shopping still applicable to the respondents/military?
A: Forum shopping – a military personnel can also be prosecuted again under the military
justice system. The substantive law we will use is the Articles of War, and the procedural
aspect is the Manual for Courts Martial. So there
is no forum shopping because he can be filed
separate cases – criminal, administrative, and
civil case for damages. That applies to the
government.
Q (CSO): Can the CHR recommend to the AFP a
corresponding punishment or sanction to erring
military personnel?
A: I think that would be difficult. The AFP is
independent from the CHR. The AFP is not
covered by the Civil Service rules, unlike the PNP. I guess they can certainly recommend – as
a matter for consideration or for appropriate action by the AFP. If we go back to the
presentation, if a soldier has overwhelming evidence against him (enlisted personnel), he
could be dismissed or discharged from the service. When we say discharge, it may be with or
without honor (dishonorable or honorable discharge). That is provided under the military
justice system. If an officer is involved, because he was appointed by the President, he
cannot be dismissed without an administrative proceeding, unlike for the enlisted personnel.
That is why we have the Efficiency and Separation Board (ESB), and we also have the Courts
Martial. The ESB looks at the competency and efficiency of a unit that is involved. The Court
Martial is for violations of the Articles of War. Why do the enlisted personnel normally not
undergo Court Martial? Because a Court Martial is very expensive. For a Court Martial to
work, there has to be a minimum of 5 officers who will constitute the Court Martial. It is like
a jury of at least 5, and one of them has to be the JAGO (Judge Advocate General Officer)
who will act as the law member because he knows the legal procedures. If there are any
objections, he can overrule or sustain. So you have a minimum of 5 officers, then you have a
stenographer, a prosecuting team, a military defense counsel, etc. And you will have more
than one hearing: you have the arraignment, entering of plea, plea trial, presentation of
prosecution evidence, and just like a regular court, he can file a demurral of evidence, etc. So
it is really very expensive to have a Court Martial. But officers really undergo Court Martial.
Q (CHR): I believe the cases in the Court Martial ordered by the AFP are more concerned on
the administrative cases, meaning the penalties are dismissal, demotion, etc. How about if
there are situations when some victims opt to file with the Ombudsman on the
administrative aspect? Where he swore that he did not file any other cases other than that
in the Ombudsman – will the case in the AFP constitute forum shopping, and therefore
grounds for the Ombudsman to dismiss the case? Next question: should both the Court
Martial and Ombudsman cases continue independently, could there be a conflict in the
findings or penalties for the same person?
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Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City

A: There is a standing MOA between
bet
the
Ombudsman
mbudsman and AFP with respect to the
conduct of investigation of cases and
dismissal of personnel – where the
administrative cases which were denied in
the Ombudsman are referred to the AFP.
The Ombudsman is interested in graft cases.
Those cases filed with the Ombudsman will
continue, while for those filed with the AFP
(under OESPA or Office of Ethical Standards
and Public Accountability and other
investigative agencies like the Provost
P
Martial) – they will refer the graft cases to the Ombudsman. It is really more for expedienc
expediency.
Session 3.11:: Administrative Remedies in the PNP – by PCI Juan Alberto
(PNP Region VII)
The session was facilitated by Police Chief Inspector Juan Alberto, Deputy Chief, PNP Legal Serv
Services
Region VII – please refer to Appendix O for the presentation
presentation.
Question and Answer:




Q (CHR): Just a point of
clarification.
Would
ould
the
suspension that you mentioned
towards the end of your
presentation apply only to the
decision made by the police?
How about the Ombudsman?
an?
A: Actually, if a police officer is
found
culpable
of
any
administrative offense, either in
the Ombudsman or NAPOLCOM
(National Police Commission),
Commission), that decision will be forwarded to the Chief PNP for
implementation. In the case of the Ombudsman, it will be automatically forwarded to the
Chief PNP who will forward it to the region concerned (where the PNP member is assigned).
Q (CHR): If during the period of suspension, there is a pending promotion for a policeman
involved, would that promotion wait until such time as the suspension is lifted?
A: There is a new law that was passed by Congress, RA 9708, which says that if a PNP
member has a pending case,
case he supposedly should not be promoted. Camp Crame issued
some guidelines clarifying the law. It states that the pendency of an administrative case
against a PNP member is not a bar for promotion – only a criminal case would bar a
promotion. So, after
fter the lifting of the suspension, he can be promoted – except if it is a
criminal case. The moment that there is a finding of probable cause, the PNP membe
member can no
29
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City





longer be promoted. But two years after the finding of probable cause, if the case is still
unresolved, the PNP member once again becomes eligible for promotion, without prejudice
to reversion when he is found guilty of the criminal case. To add to that, although an
administrative case is not a bar for promotion, the Promotions Board can prioritize other
members who may have fewer credentials but who have no administrative case. So if there
are people up for promotion, he will become less of a priority even if he has many awards
and credentials. The Promotions Board prioritizes police personnel without any cases, and
the policeman cannot complain because promotions are at the discretion of the Promotions
Board, so it can really affect the policeman’s promotion.
Q (CHR): This is a real case: we have a Major who was promoted to Colonel. He was
suspended for 6 months wherein all his benefits were suspended. But he was later
promoted to a Colonel, even if he has 2 pending cases of RA 9262 violation and concubinage.
Can the wife question the promotion?
A: Yes, she can do that even before the issuance of the promotion. However, if 2 years have
lapsed and if it still remains unresolved, then he once again becomes eligible for promotion.
Comment (CHR): I would like to share this because this might happen to other regions also.
There was this case involving a police officer who killed someone. The family of the victim
would like to file the case before the Ombudsman, but with the PNP’s IAS (Internal Affairs
Service) motu propio jurisdiction over the case, it filed for an investigation. When the
Ombudsman learned that there was an investigation in the IAS already, they dismissed the
case (on the ground of forum shopping). On the other hand, the IAS also dismissed the case.
So the poor family of the victim failed to get justice because of these technicalities. Perhaps
it is only a matter of policy, but we really need to check how responsive the policy on motu
propio investigations are.
A: It actually also happened here in Region 7 – and it was also because of the motu propio
investigation of the IAS, without the knowledge of the complainant. But the complainant
went directly to the Ombudsman. So when the Ombudsman learned that the IAS conducted
a motu propio investigation, they dropped the case, like what happened in your case. The
IAS also dismissed the case. Anyway, my advice is to file the case once again. We have a
MOA with the Ombudsman. The Ombudsman will not just automatically entertain all
complaints against the PNP – they will also sometimes refer the complaint to PNP Region 7
for the conduct of investigations. The IAS, although it has motu propio powers to investigate,
it cannot proceed with the investigation without the cooperation of the complaining party. If
you file a case before the Ombudsman, you can file an administrative case, as well as a
criminal case.
Comment (CHR): Just a comment on jurisdiction. We have to take note that the jurisdiction
of the Ombudsman is based on the law, but the jurisdiction of the IAS comes from
administrative issuances. Although there is a MOA between the Ombudsman and the AFP,
and the Ombudsman and the PNP, Ombudsman and the DepEd (Department of Education),
etc, the Ombudsman seems to be saying that they have this jurisdiction granted to them by
law, while you have jurisdiction granted by your own regulations, and for the sake of
convenience and easier processes, we will not accept the complaints if they are already with
you. But we have one case that we know it will not be practiced if it goes to DepEd. The
DepEd has been consistent in its stand that it will take cognizance of the case. In fact, they
continued asking the complainants, the clients that we were representing, to submit the
30
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City



affidavits, etc – but we were saying that it is not under their jurisdiction. We will file this with
the Ombudsman. In the meantime, we kept on badgering the Ombudsman, even up to the
Manila office, and finally, they decided to take on the case. So the case is finally in the
Ombudsman, but only after our persistent follow-ups.
A: I would also like to share this. The wife of the PNP member was the accountant of a local
Catholic school. He filed an administrative case before the Ombudsman against an officer of
the DepEd. The Ombudsman referred the complaint to the Regional Director of the DepEd. It
allowed the DepEd to conduct an investigation and submit its findings to the Ombudsman.
So now, the complainant is once again complaining – because he filed the case before the
Ombudsman, but the Ombudsman merely referred the case to the DepEd. What the DepEd
did was to call the person being complained and they got his side. For the PNP, you can file
the case before the PNP Disciplinary Authority or directly to the Ombudsman since they
have jurisdiction, especially the cases that fall under the jurisdiction of the Sandiganbayan.
But the Ombudsman can decide whether to entertain the complaint, or refer it, or consider
it as a mere request for assistance. But cases involving prominent personalities like top
government officials, they will entertain it right away, as long as there is a certification of
non-forum shopping.
Q (CHR): That case was exonerated with the Regional Director and appealed to IAS Manila.
But later on, the criminal case was also dismissed. Is it automatic to acquit the
administrative case once the criminal case is acquitted?
A: The Supreme Court has already ruled that a criminal case is entirely different from an
administrative case. Acquittal of the accused in a criminal case does not automatically result
to the exoneration of an administrative case. They are independent of one another. They
can proceed independently. So if a person was acquitted in the criminal case, he cannot use
it to move for the dismissal of the administrative case.
Session 3.12: National and International Remedies – by Mr. Leo Satana
(CHR, Region VI)
The session was facilitated by Mr. Leo Satana (Special Investigator, CHR Region VI) – please refer to
Appendix P for the presentation.
Question and Answer:
Q (AFP): We are always asked why we are not filing any complaints with the CHR. Usually, we file a
case immediately with the prosecutor’s office. The usual cases include murder, illegal possession of
firearms, etc. You mentioned that the CHR is only investigating HRVs (human rights violations), but
those violations are defined and penalized under the Revised Penal Code, so it should be filed under
the prosecutor’s office. Even if we file with the CHR, you will still refer it to the DOJ. So what should
we do – file a complaint with the prosecutor’s office, then we will also file a complaint with the CHR?
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Regional Trainers Training Session – Visayas
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A: As I said, the CHR will determine
determin violations of
Human Rights, while the prosecutor’s
prosecutor office will
determine prima facie evidence for purposes of
determining criminal acts – so they will have
different objectives.. You can file a criminal
cr
case
with the prosecutor’ss office, and you can also file
another case with the CHR – for determination of
human rights violation. You see, ffor purposes of
data, information and statistics – and you know
how effective statistics can be – we are
determining the number
umber of violations committed by each group. For instance, the AFP Region 6 will,
every now and then, file cases of violations committed by the leftist organizations. The AFP Region 6
and the CHR Region VI enjoys a good harmonious relationship, so they file with us. But the leftist
organizations are also filing cases against the military. So we know what
wh is going on in the area. So
we help the human rights victims whichever side he belongs. We do not help you because you are an
NPA, or soldier, or police, or civilian
an – we help you because you are a Human Rights
ights victim. And we
condemn anyone who is a Human
uman Rights violator – whether you are a soldier, police, a left leaning
organization member orr community member.
member You heard about the land mine planted in an area
near an elementary school. The military discovered that when they had an encounter in the area –
and they brought that case to the CHR.
CHR So we walked eight hours to get to the area, and indeed, we
found the hole where the landmine was placed. So HRV and IHL violations,, we investigate them. I am
sorry to say this, but the left cannot violate the Anti-Torture
Anti Torture Act, but they can violate the IHL Law. So
from now on, you can also file a case against
ag
non-state actors in the CHR.
Q (AFP): How transparent is the CHR?
CHR
A: That’s a very difficult question to answer. We are a national organization, but att least on behalf of
the region where I belong, I can honestly say that we are very open and transparent.
rent. That is my
personal observation and knowledge.
Q (AFP): I was just wondering about transparency. In the doctrine of left-leaning organizations, they
know how to infiltrate organizations, like the ICRC, and even the CHR.. We cannot discount th
the
possibility that they are already present in the local organizations, in the local government units, and
even within the government,, like the Senate. Now, is
i there any way to find out the backgrounds of
the CHR special investigators that are handling the cases
c
involving the military – particularly if they
belong to the left-leaning
leaning organizations? You see, in our experience, whenever uniformed personnel
are involved, they become “extra--active” in pursuing the cases. However, on cases involving left
leaning organizations, the CHR does not even publicly denounce them.
A: OK. I will give you a sociological explanation. That is your perception because you are directly and
personally involved.
volved. In that sense, you feel that we at the CHR hold a personal grudge again
against you or
your organization. You know, that is good for me to hear,
hear because that meanss the CHR is working and as you say, we are even being “extra-active.”
“extra
But what you do not see
ee is that the CHR is also
pursuing the left.. You don’t see that because
b
you are not directly affected,, and you do not know
what we are doing. But if you ask them, they will also tell you that we are being “extra
“extra-active” in
pursuing them. They will say, “why are you pursuing us? You should pursue the military!” – there
was a big debate before as to whether or not Human Rights Violations can be committed by non
non-
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Regional Trainers Training Session – Visayas
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state actors. In the perspective of some groups, human rights violations can only be committed by
government or state actors, while the non-state actors can only commit crimes. But now it has
changed because of the IHL law, which now recognizes that even the left or non-state actors can
commit Human Rights violations. So we are pursuing violators, regardless of which sector they come
from, so you can actually file a case against non-state actors with the CHR. Anyway, that is now
perhaps the explanation why you felt that way.
Q (AFP): Sir, I am simply being honest – because all the officers will tell you that they all feel the
same way.
A: So we are really trying to change that perception, even little by little. When you mention “CHR,”
what comes into the minds of many security personnel are not actually the CHR, but other Human
Rights groups – because we have so many Human Rights groups, and there are many different
persuasions, strategies and methods. I would just like to say that the way you view the CHR should
not be colored with the other different perspectives.
Q (AFP): But how can we be sure? How can we identify if they have a left-leaning background?
A: For personnel of the CHR? I don’t know how your intelligence works, but we are a government
office, and therefore we are governed by the CSC (Civil Service Commission) rules, and the
government qualification standards. But at the same time, we are also fighters of Human Rights and
we are fighting for the life, dignity, and self development of every individual. But if we ourselves are
not “walking our talk,” then we lose our integrity. As Human Rights workers, you must stand with
dignity, courage and integrity. So if we fight for the rights of children, our very own children must
first be nurtured, and if we fight for the rights of women, our own women and wives and children
must first be loved and respected. We stand for human rights and against violators whoever they
may be. We cannot say that we are perfect because there is no perfect organization – but we can all
work for perfection. We can accept our imperfections and work towards achieving perfection.
Q (AFP): If you don’t mind, sir - can you give us the statistics of how many cases of HRVs were filed
against the military, and also against the non-state actors? Maybe that would help explain our
misconception because we think that there are much more complaints filed against the military.
A: I cannot give you the exact numbers right now because I do not have the records with me. But
what I remember is that when I was still new in the CHR, almost all HRV cases I investigated were
committed by the military and police. Eventually, things changed, and until such time that we take
cognizance of the violations committed by the left or non-state actors, there are already some
changes being implemented. In 2014, I received 2 cases involving the military in Region 6: one of
them committed a violation against his wife, and the other case was a misunderstanding between
the military and the rallyists – the rallyists said that the military was an “infiltrator” in their ranks. So
those were the 2 cases, and it’s not very alarming if you compare that to the situation before, where
I had 300 cases against the military when I first joined the CHR 21 years ago. Last year, we took
cognizance of a total of 4 cases of HRVs committed by the non-state actors, and we filed them in the
appropriate venues, including the CARHRIHL monitoring board.
Q (AFP): What happened to the local case involving the landmines?
A: The investigations are still ongoing with the CARHRIHL. The 301st Brigade last July 1, 2014
apprehended 2 suspects that planted the landmine or IED, and some military personnel were injured
in that bombing. I commend them for not harming the suspects which they apprehended, and they
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Regional Trainers Training Session – Visayas
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just filed the appropriate cases. I monitored
monitor the case because one suspect was 15 years old at the
time he was caught. So we want to tell you that we are not against any particular group
group. We are
against Human Rights violations, wherever
whe ver they may be and whoever caused them. So, it’s really
good that we bring all of that out – we have to talk about them and clear the air, so that when we
return back to the regions, we can begin to work together, because we need to work together
together.
Q (AFP): Actually, our dilemma is that justice delayed is justice denied. When a case is filed against
us, the burden of proof lies with us,
us not with the one filing the case against us – and we feel that is
wrong. In the meantime, once the complaint is filed, there is already a case against the soldier
soldier. Our
ordinary rank and file soldiers (not officers) only have a 3-year term. But if your case is still pending
during that time, you will not be able to get your clearance, and therefore, you will not be able to
renew your contract with the government. So the soldier will lose his job because of that. Aside from
that, all of his benefits and privileges will be suspended. After so many years, the case will be
dismissed, maybe for lack of merit or lack of evidence. But what has happened to our poor soldier?
That is our dilemma. Why is the burden of proof with us? Are we not also innocent until proven
guilty? When all you have is the testimony of the family that a soldier killed the victim??
A: Where is the venue
e of that particular case?
case
Q (AFP): Most of the cases filed against the military are with
w the CHR, not only for this particular
case. When I was in Mindanao,
o, if the soldier
sold has a case with the CHR, they become so disheartened
that some of them just go home because they feel hopeless. Even our higher officials cannot
intervene because they are also aspiring for promotions, and they might be dragged along by the
investigations
ons which take a very long time to conduct.
conduct
A: OK. You
ou are probably talking about the period of investigation. For the CHR, we are only given one
year or 365 days for an investigation to be resolved.
resolved Beyond that, the investigator is already being
neglectful,, except if the case is ongoing. For example,
example, I am handling this Sicogon case involving
Business and Human Rights for three years now. Until the time that it is settled or resolved
resolved, that’s
the only time when I can draft the final investigation report.
Q (AFP): But the problem is that the one year
or 365 days period can fall in-between
between the
soldier’s term. For us, one year before
be
the
termination of our 3-year contract,, we already
need to file for renewal. What if during this
period, a case was filed againstt you?
A: I will give you a piece
iece of advice from a
friend. If you have that case, please go to the
CHR and clear this matter up with us. I
remember a Captain
aptain who became a good
friend of the Region VI CHR as he always comes
co es and coordinates with us almost every week. He was
constantly following up his case. So that helped speed up the resolution of his case.
Q (AFP): That is OK for an officer because he can come any time – he can leave the camp any time he
wants. But what about ordinaryy rank and file soldiers?
soldiers
A: But the soldiers are not really required to get a clearance from the CHR, right? Just the officers?
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Regional Trainers Training Session – Visayas
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Q (AFP): We are. We are required to get them for any civil court pending case.
A: Then that is a problem, because in our justice system with the courts, sad to say, sometimes three
years is the fastest before a case is resolved. That is now our dilemma.
Q (AFP): For the civil courts, we understand that. They really take a long time to resolve a case. What
we don’t like is that the CHR doesn’t understand our situation – we can’t afford to have legal
counsel, and the PAO will not entertain the case of a soldier wherein he will have to walk 3 hours to
go to the military camp just to confer. What we want is for the CHR to see and recognize our side
and our difficulties. That is one reason why we are here. Can we draw up a policy recommendation
or draft a directive to address these specific concerns – so our poor soldiers will not lose their jobs?
Atty. Arvin (CHR): OK. First of all, we commiserate with the soldiers on the matter. Second, I will be
bringing that matter to our higher ups in the National Office for possible policy changes. In the
meantime, you can go to the regional office and talk to the investigator. I agree with Leo – discuss
with the investigator your concerns. At one time, there was a police officer who was up for a
national award, but he had a pending case with the CHR. He went to me and discussed his case. I
called the attention of the investigating officer and asked for updates on the case. He said that it was
bound for dismissal. So I requested an initial report so that we can give the police officer a clearance.
So discuss your case with the regional office. But also rest assured that I would bring that matter to
the level of the Commission so that we can have a long-term solution.
Maj. Ed (AFP HRO): Just a quick comment. The AFP HRO is also coordinating with the CHR on that
issue because we do have a lot of pending cases. We want to make an appeal to the CHR Regional
offices to please speed up resolution of pending cases because some cases are already 3-5 years old.
Session 3.13: Judicial and Other Remedies – by Atty. Marlon Manuel (ALG)
The session on “Judicial and Other Remedies” was facilitated by Atty. Marlon Manuel (ALG) – please
refer to Appendix Q for the presentation.
Atty. Marlon began the session with a game (“3 CASES”):
 He randomly grouped the participants into 3 (count-off 1 to 3)
 He gave each group a case. He asked each group to study their cases, and answer the
question: What can be done?
 Case 1:
o Abe Corpus is the president of a farmers’ organization. One day, a group of soldiers
went to his house and invited him to go the military camp in the area. The soldiers
told Abe that they are investigating an incident where armed groups attacked the
camp and that they just need to ask questions. Abe had no choice but to go with the
soldiers.
o Five days had passed and Abe still remains in the camp. His wife went to the camp
and was able to see Abe, but she was told that the investigation is not yet finished,
and Abe cannot yet go home.
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Regional Trainers Training Session – Visayas
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

Case 2:
o Amparo is the leader of a
rural
women
workers’
association in her province.
Her group is currently
cu
engaged in a campaign for the
implementation of agrarian
reform in their area. They are
asking for the distribution of a
big hacienda to the farmers.
o In the past few weeks,
Amparo and her colleagues
have noticed that they are
being followed by unidentified
unidentified men. Armed men have also been seen near the
house of Amparo, with some of them asking the neighbors about Amparo.
Case 3:
o Dada is a school teacher and the president of the faculty union in her school. Last
year, the faculty union staged a strike when they reached a deadlock in the
negotiations for a collective bargaining agreement (CBA). Before the strike ended,
there were a number of violent incidents, including a dispersal of the strikers that
involved some police officers.
o Dada learned recently that the City Police Office maintains a file of records about
her, including records that are in her supposedly confidential 201 file
(personnel/employment file).
The cases were actually an introduction to the 3 judicial remedies: Writs
Writ of Habeas
as Corpus, Amparo
and Habeas Data. While discussing the answers of the groups, Atty. Marlon went on with his
presentation (Appendix Q),
), referring also to the answers given by the 3 groups.
Session 4: Review of the Human Rights Training Program
Atty. Marlon
on (ALG) went over the session guides, going over each session, and citing the difference
between the “compressed training sessions” which they underwent, and the actual trainings that
they will conduct in the areas.
SESSION 1: Basic Concepts and Principles on Human Rights

What did you find good in the session facilitated by Atty. Myrfi?
o Lecture was not too long
o Case study – gave a chance for interaction
o Video presentation
o Group discussion
o Open Forum
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Regional Trainers Training Session – Visayas
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










o Gallery viewing
If you will look at the time frame, we underwent a shortened version, but in the actual 3-day
training, you will see that you have almost 3 hours for this particular session. So don’t rush
things. You have time.
What were the main objectives? You have to go back to the objectives always. You only
need to provide them information that they “need to know” and do not flood them with
information that is “nice to know.” If we go back to the key objectives, you want them to
have a common understanding on the basic concepts of Human Rights. You don’t need to
read the entire UDHR. You can give them that as an assignment.
Introduction of case study method – this was very interesting, especially for our participants
from the AFP and PNP. For some of the CSOs, they immediately thought about torture, EJK
and ED. So what you can do is to go back to the meaning of “Human Rights” and the
common understanding that you have reached. It is not just about killing, torture, and ED.
The case studies given them were from the UDHR and they demonstrate a wide range of
human rights, such as freedom of expression, equality of women, religious freedom,
economic rights, etc – all of those are different “faces” of human rights.
In giving your session, you can use the ADIDAS framework:
o A – start with an Activity – this is to capture the interest of the participants
o D – Discussion – note: it is not lecture, but discussion; always ask questions
o I – Input – this will be the short lecture or input; try to make it more interactive
o D – Discussion – you can have an open forum to clarify things and answer questions
o A – Activity – you can have a video showing, a quick game, buzz groups, etc
o S – Summary or synthesis
You will see that if you follow the session guide, you will find the input/discussion on the
basic concepts, we also gave a quick guide in processing the discussions and some tips for
the facilitators. Again, this manual is mainly for the facilitators.
The key learning points are the center or focus of your discussion. If the participants are able
to get these learning points, then you have a successful session. So you don’t need to make
them memorize the conventions and treaties, just stick to these key learning points.
Activity 2 was the case study method – we grouped the participants, gave them the case
studies and made them share the case studies they have within their group. The group
discussions “democratize” the trainings – each one will contribute their ideas and share their
thoughts. In a way, this is dialogue between the different sectors. When you have the
lecture, it is only the facilitator and only a few participants who will be talking, but
workshops give all the participants a chance to interact. That is the real reason why we have
a lot of small group discussions. But as much as possible, we want to balance individual
sharing, group sharing, and plenary session sharing.
What were the key learning points? That aside from civil and political rights, you also have
economic, social and cultural rights, which are still a part of Human Rights.
Then we had the historical context – Martial law.
We also included the reference materials. Remember that the trainer should always know
more about the topic than the participants. So please study the reference materials, the
videos, powerpoint presentations and case studies.
Do you think this session will be appreciated by mixed participants? Answer: Yes!
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Regional Trainers Training Session – Visayas
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SESSION 2:: Local Human Rights Situationer





We began with a Workshop
orkshop on the local Human Rights situation. This is important to give
the proper context to the training. As was mentioned by Paulo Freire: start with where the
people are
What we did was somehow modified. You were grouped per region because your
experience on the local human rights situation would be more common. In the actual
training, however, you will group the participants into sectors – AFP, PNP, CHR, CSOs
CSOs. Why?
We want to see their perspectives on the human rights situation.
For the plenary presentations,
presentations you will ask the CHR to present last, because they would be
giving some official statistics.
Please review the Handbook because it gives you the objectives, activities, key learning
points, processing, and tips for the facilitators.
You can actually use the key learning
learnin points to summarize
ize or synthesize your session
session.
SESSION 3: “IPSP” Bayanihan,, Human Rights
Rights-Based
Based Policing and Human Rights Defenders




The sessions are usually given as a lecture. For the “IPSP” Bayanihan, you will notice that
even if it is a lecture, Maj. Ed was continually asking questions. That is effective to keep the
participants interested in the lecture. It calls their attention. So, from time to time
time, you can
interrupt your lecture with questions
questions.
The topic on “IPSP” Bayanihan is really assigned to the AFP. You can actually ask the local
soldiers if their experience is different from the “IPSP.” Or you can ask the other participants
if their experience is different. For the AFP, the policy officially changed with the “IPSP,” but
did practice also change? Was there really a paradigm shift? In the area, ask the AFP who
among them can give this session. It is sometimes better to involve
nvolve the local personnel to
give the session.
After “IPSP” Bayanihan, we had Human-Rights Based Policing.
olicing. This particular session is
assigned to the PNP. This is an informal sharing,, but you would want to engage the
participants in the discussions.
discussions
I will give you a tip: Start your session with a focuser. A focuser is something you can use
which will catch the attention of the participants. For the IPSP Bayanihan, you can start with
the logo – ask the
people
how
you
understand this logo,
and
what
does
“Bayanihan” mean to
them? This will make
the people think more
deeply – traditionally,
the
symbol
of
Bayanihan is people
carrying and moving a house – you can then relate that symbol to the concept of the IPSP.
That is really the reason why the term “Bayanihan” was used – to highlight community
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Regional Trainers Training Session – Visayas
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

participation and partnership. That is also reflected in its goal of “winning the peace” and
not “fighting the enemy.”
It was then followed by Human Rights Defenders. This session is assigned to the CSOs. In our
session, we used the metacards. We moved along fast, but during the actual trainings that
you will conduct, you can discuss and clarify the metacards. You can cluster the cards with
similar meanings. In that way, there is a leveling-off among the participants. You can also
have some time for sharing by the civilians – are you doing this? What has been your
experience?
This is a long session: from 4:30 to 7:00 pm. But that ends Day 1 of your training.
SESSION 4: Search & Seizure, Arrest, and Detention with Custodial Investigation









For the training, this topic will cover the morning of Day 2. This session is assigned to the
PNP.
If you look at the session guide, there is a role play. For the role play, make sure that you
distribute the PNP among all the groups. Give them some time for preparations, then
proceed with the role plays.
It is important that after each role play, you should discuss what was shown, what did they
do right, and what could be improved. After the role play, you can give short inputs (eg.
proper procedure for arrest, proper booking procedures, etc)
For the role plays, the situations they will role play are included in the Handbook.
You have three hours for the entire session (to cover the topics on search, arrest, and
detention) – please maintain your pace, and make sure that you are not rushing in the end
because you ran out of time. You roughly have one hour per session.
Again, just give the basics or the “need to know” – we don’t want to train the civilians how
they will conduct an arrest. We just want them to understand the regulations and proper
protocols to observe when there is an arrest.
Aside from the civilians, this session is actually very much appreciated by the military
because they sometimes encounter these situations, but they are not given the proper
training. So, expect a lot of questions also from the AFP. Also, you can ask the AFP
participants to re-echo what they learned to their fellow-military personnel. For a future
activity in which you have all-military participants, you can have the participant-trainers
facilitate this session.
There are also some scenarios when conducting a citizen’s arrest – there are also some
guide questions which will help guide the critiquing.
Critiquing after the role play is very important – it is a method to start the group discussions.
SESSION 5: IHL, Anti-Torture Act, and Anti-Enforced Disappearance Law



This session takes up three hours in the afternoon of Day 2.
Remember how the session started? Maj. Ed gave a short story about Napoleon Bonaparte.
That was his focuser.
Ask questions. Remember that he was always asking questions – is he a civilian or a
combatant? Why do you think he is a civilian? Why do you think he is a combatant? Then he
will discuss to resolve the issue.
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Regional Trainers Training Session – Visayas
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

You don’t really need a very long lecture for the participants to understand IHL. Remember
that you want to give them information that is “need to know” – just the basics.
The videos are very helpful. The video he showed was also in the local language. That helps.
The video is also included in the Handbook (in DVD format).
SESSION 6: Panel Discussion


We were not able to do this session. What you will do is to invite the provincial officers of
the AFP and PNP, then the Regional Director of the CHR, and officers of the local CSOs – to
sit in a panel and answer questions from the participants. This is a very informal sharing and
discussion session.
We are doing this because during the training, a lot of questions arise. This is the chance to
hear more “official” pronouncements from the leadership of the AFP, PNP and CHR.
SESSION 7: Input on Human Rights Protection





The session starts with Administrative Remedies in the AFP and PNP. Expect that during this
session, you will get a lot of questions from CSOs and even from the CHR.
A word of caution: do not delve too much on the procedural processes, because the
tendency is to go into technicalities. Be more practical. The important thing for the
participants to know is that if they have a complaint, where will they go? How long will that
take? What is the entry point? What are the penalties? They don’t need to know the
technicalities.
This session is also for the benefit of the AFP and PNP - to show them that this internal
disciplinary mechanism works. It is also for purposes of transparency and accountability –
that if they do something wrong, they will have to face their disciplinary machinery.
After that, you have the session on national and international remedies, which is assigned to
the CHR. For this session, we had a lot of comments from the AFP about the CHR. Just like
our lively discussions in that session, you will also find in your trainings that a lot of the AFP
will begin to open up and share that they feel that the CHR is always running after them.
That is common – you can expect that. They will ask about the clearance from CHR – why is
it taking so long? Why did they not know that they have a case against them? Why is it that
when they were applying for promotion, that is the only time that they knew that they have
a case? or other similar questions.
On the judicial remedies, you don’t really need to teach the participants about the details of
all the Writs. The important thing for them to know is that we have such judicial remedies,
and what are the general procedures and steps – just provide them an overview.
Pre and Post Test

You also saw that we conducted a pre and post test. We also gave you the answer key to the
test. You can also use the answer key to start the discussions on the key principles of human
rights.
Atty. Marlon (ALG): My question for you right now is, do you think that such a training design will be
helpful and relevant for your areas? Answers:
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Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City



The content is very helpful.
This is the first time we had a training that is mixed – with AFP, PNP, CHR and CSOs. The
multi-sectoral exchanges of experience and dialogues has been very helpful.
The methodologies shared are effective – we learned that we can use case studies, games,
metacards, group discussions, etc - instead of just long lectures.
My final question is: can you facilitate this training in your areas? Are you confident enough that you
can manage to facilitate the training? Answer: Yes! OK, so if there are no other questions, we will
proceed with the Demo Teaching.
Session 5: Demo Teaching – by the Regional Groups
Atty. Marlon (ALG): For the demo teaching, you will be divided per region. Discuss what
topics/sessions you will demo teach.
Instructions:





Each group will be given a maximum of 45 minutes for the demo teaching session.
You can give a powerpoint presentation – in fact, you already have the standard
presentations in the Multi-Sectoral Human Rights Training Handbook (DVD). However, no
group will play a video clip because that will consume all your time allotment.
You can conduct a role play or a game if you like - just be conscious of the time. Remember
that role plays tend to take up a lot of time for the preparations.
The Demo Trainer/Facilitator – choose someone from your group that does not have too
much experience in being a trainer - perhaps a first-time trainer, and coach him/her.
Discuss within your group how you will conduct the demo session. Remember that this is still
a group work. A team approach is critical. You can choose to have a co-facilitator if you feel a
need to have this.
Flow:




Session 1 (Basic Human Rights Principles) – by Region VII
Session 3.1 (“IPSP” Bayanihan) – by Region VIII
Session 3.2 (Human Rights-Based Policing) – by Region VI
Session 4.2 (Arrest) – by Region VII
The groups were given time for preparation, then commenced with the demo teaching. Critiquing
after each of the demo teaching session followed.
Session 1: Basic Concepts and Principles on Human Rights – by Region VII
Comments:

The demo teacher was Jon Robin Bernal (AFP).
41
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City









It was “light” – the facilitator was smiling a lot, had a pleasant voice.
Did you study the Powerpoint presentations well before delivering the lecture? It felt like
you were just seeing the presentation for the first time (“I was nervous!”).
). Tip: sstudy the
presentations well beforehand.
Facilitator did not know how to use the “clicker”
“
– that would have made the presentation
easier and faster. Also, he was on the wrong side of the computer, so as he was reaching
over to advance to the next slide, in the
process, he was covering the projector
projec
(see
picture).
It became quite dragging
ragging in the last 20
minutes. We hope in the future that it will
not be just pure lecture. Be aware of the
participants – towards the end, there were
some participants who were already sleepy.
sleepy
You were asked what comes into your mind
when someone said the term “human” then
“rights” then “human rights” – this is word
association. You can use that
at as a focuser.
Even if the topic
ic was quite serious, he was cracking
cracking jokes. I think that the demeanor of the
facilitator should be appropriate for the topic. We are talking about human rights
rights, torture
and extra-judicial killings.. Of course, we need not be super serious,, but we should not be too
funny either. Find the proper balance.
Were you able to get the core messages? Yes! That’s the important thing – that the
participants are able to understand the core messages.
I liked that he mentioned the 30 human rights under the UDHR, which was not
no significantly
mentioned in our session before – that there are many kinds of Human Rights..
Atty. Marlon (ALG): Don’t forget to always ask questions. For me, I like to pose one question
per slide, even
ven if you are not really waiting for an answer. It will catch the attention of the
participants. I also liked that he connected the lecture to his personal story. He mentioned
that he was also working for the government,
gov
so he was a duty bearer.
Session 3.1: “IPSP” Bayanihan – by Region VIII
Comments:



Capt. Salve Evangelista (AFP) was the demo teacher.
She asked for the local translations and how they understand the word – this is especially
good if you have a mixture of participants from different regions.
For the logo, she asked the participants what they saw in the picture. It elicited a lot of
responses from the group.
42
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City
















She had a nice pace of delivery – it was quite
energetic, but for me, it shows that she really
knows the topic thoroughly.
Comprehensive presentation – she even cited
examples.
She has a nice, clear voice.
Sustained energy.
If you have a question, pause for a little bit for
them to think about their answer, even if you
are not expecting anyone to respond.
She used the picture as a focuser. You can use
that strategy for any topic. You can just present
a picture to capture the interest of the
participants.
Suggestion: Instead of mentioning “Bantay Laya” immediately, perhaps you can ask the
participants, “Before ‘IPSP’ Bayanihan, what was the old OPLAN (Operational Plan) called?
You can ask the soldiers because they would know. Questions in a presentation make it
more interactive and more interesting.
I like that she emphasized “paradigm shift” which is being done by the AFP.
I like that she mentioned the government’s commitment to peace and development.
Personally, I find that it was a little too fast-paced.
Towards the ending, summarize the talk – go back to the “IPSP” Bayanihan and its goals.
Atty. Marlon (ALG): I would just like to add something. Pictures and visual aids have a big
effect on the participants. I noticed that the people were really listening. There was one
particular point when everybody almost stood up to look at the presentation – that was the
slide with the logos. People were looking at the agency logos, which agencies were involved.
It really grabbed their attention because Capt. Salve said, “perhaps you can see your logo in
there.” That is the power of having visual aids.
Before going into a discussion on “paradigm shift,” I hope that the facilitator first solicits the
experiences from the participants about the experience of the civilians were with the AFP
before, then ask them if there were any changes (particularly from the CSO participants).
Atty. Marlon (ALG): You can even have a very rich sharing of experiences when you talk
about “paradigm shift” in the military. I would just like to comment on the picture –
someone commented that the child helping to move the house was “child labor” – I am sure
that was a joke, but just to avoid things like that, make sure that your visuals are
appropriate. My tip for you as a trainer is expect the unexpected. Sometimes, you elicit a
different response from what you are thinking you would receive. Sometimes, you will have
participants who are stubborn and uncooperative, while at times, you will have clowns and
jokers, but always expect the unexpected. About joking – it’s OK to joke among your peers,
but once you are in front of the participants, please be a little more formal.
Comment (CHR): The person who saw “child labor” in the picture is clearly sensitive to the
issue of child labor, so the facilitator should be sensitive in discussing that issue.
I think that the picture is symbolic of multi-sectoral cooperation – we have men, women,
children – everyone was involved. I didn’t see “child labor” at all.
43
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City




Atty. Marlon (ALG): Since
ince she began the session with the logo, perhaps you can also end
your session by showing the logo once again.
Comment: When we report, make sure that the
spelling of all the words are correct. Second,
S
you
mentioned in your example, “from birth to
death” – but we are a Roman Catholic society, so
it should be “from conception to death.”
Atty. Marlon (ALG): That is correct – be careful
with your examples. So the context is really
important. Also, your jokes should be culturally
sensitive, and the examples
xamples that you give should
cater to yourr participants. Do not give them
examples that they do not know about.
about
Atty. Marlon (ALG): Ideally, we would have had
the TNA before the training,
training but sometimes, the
participants are not able to send them
beforehand. This would give you an idea of their
background, how many are men and women, their ages, the language they use, their
professions, religion, etc. If you know that, it will help guide you in what examples you will
give. Lastly, be gender-sensitive
sensitive and avoid stereotyping. We sometimes have a tendency to
quip green jokes. Please refrain from that because it offends women participants.
Session 3.2: Human Rights
ights-Based Policing – by Region VI
Comments:





The demo teacher, Rhojn Nigos of the PNP, asked the participants to shout “Here!
Here! H
Here!” if
they agree – that was new and refreshing.
There was a question asked by the participant,, but the facilitator passed the question to
Ma’m Maribel to answer.. That was correct because she is the most senior police officer we
have and could give the correct answer (find the correct person to answer the question).
question)
The facilitator also didn’t know how to use the clicker.
Some participants didn’t want to volunteer to facilitate the session because they don’t know
the topic too much. You don’t actually need to memorize all the policies. To be a facilitator,
you just have
ve to have a working knowledge (or know the basics) of the policies. If there are
questions, you can direct them to the most senior police officer in the group. But this topic is
really assigned to the PNP.
How to bridge the gap? The facilitator was actually
actually describing something different from the
picture (for me, the foundation is human rights so it should not be 3 separate …). If you have
a different idea, then you should fix the presentation before the session
session.
44
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City

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




I like that you are open in mentioning
m
that sometimes, some policemen will do the wrong
things, like planting of evidence, the “Roleta ng Kamalasan” case, etc – but the important
thing to say is that actions are being done by the PNP
to address these issues.
The police encounter a lot of problems, especially
because the media blows the issue out of proportion –
they often sensationalize things.
things
Comment (PNP):: As a solution for the media, we try to
send a schedule for press conferences regarding
sensational cases,, and only the official message is
conveyed.
High energy.
The
he facilitator was moving around the participants, so
just like in school, all the students are listening
because they can be asked a question at any time.
time
It is better if you call the participants by their names (you should know their names even
without name tags).
Comment (PNP): Although we are transparent and open, we should not wash our dirty linen
in public. We need to maintain a certain degree of professionalism.
Session 4.2: Arrest – by Region VII
The demo teacher was Police Inspector Elpidio Tago
Tago-an, Jr. His group facilitated a role play activity.



The participants were divided into 3 groups. To
ensure that each group had members from the AFP,
PNP, CHR and CSOs, they counted
count off from 1 to 3.
Afterwards, they formed into sub
sub-groups.
Each group was given a scenario to role play:
play
o Group 1 – Arrest with Warrant
o Group 2 – Warrantless Arrest
o Group 3 – Citizen’s Arrest
Scenarios:
o Arrest with Warrant:
 PO3 Santos and PO2 Ramos are on foot patrol on June 28, 201
2013 (Friday) at
around 6:00 in the evening.
 While patrolling, they chanced upon Eduardo “Edu” Abuque, a person
known to them to be the subject of a warrant of arrest for kidnapping issued
by Judge Jesusa Mylene Suba-Isip
Suba Isip and had eluded several attempts of
arrests
rrests before.
 Sensing that there are police around, Jose Ruiz tried to run away.
45
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City


PO3 Santos and PO2 Ramos ran after him and declare an arrest for
kidnapping.
 When caught, Eduardo Abuque insisted on seeing the warrant of arrest or
he will not go with the police. Unfortunately, the arresting officers do not
have the copy of the warrant of arrest. He resisted arrest and try to wrestle
himself free.
 Thus, PO3 Santos handcuffed him and brought him to the police station.
 Dramatize the documentation process inside
inside the police station.
o Warrantless Arrest:
 PO3 Santos and PO2 Ramos are already off duty and on the way home when
they saw Jose Ruiz snatch the necklace of Jane Jacinto.
 Immediately, they arrested
Ruiz
after
declaring
themselves as policemen.
 Ruiz tried to question the
police officers alleging they
are fake policemen because
they are not in uniform.
 Thus, PO3 Santos handcuffed
him and brought him to the
police
station
for
documentation.
 Dramatize the conduct of arrest and documentation process inside the
police
lice station.
o Citizen’s Arrest:
 Barangay Captain Jose Mariano and Tanod Juan Sison are on the way home
when they saw Jose Ruiz snatch the necklace of Jane Jacinto.
 They decided to accost Jose Ruiz.
 Dramatize how the arrest should be conducted.
Some time wass given for the preparations, then each group made their presentations. The
open forum followed after the role plays.
Comments:



Immediately
mmediately after a role play, you
y need to
process and discuss the role play,
play then you
summarize and synthesize.
For group 2, it was only in the police station
where the apprehended was read the
Miranda Warning. It should be read at the
moment of arrest.
Suggestion: for purposes of the training
design, it would be nice if there was also an
illustration of what should be done, as well as what should NOT be done – just to highlight
the correct and incorrect procedures.
procedures
46
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City

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
I like that in the role play, there was compliance with IHL – it was mentioned that he has a
right to a doctor of his own choice. (PNP): In the past, it was just the Miranda
nda warning, but
now we also have the IHL.
Atty. Ronnan (ELAC): During the arrest, you should avoid incriminating questions because
that will be already part of custodial investigation. Do not ask things like “was that really you
who committed this crime?” – just deliver the suspect to the police station.
Atty. Marlon (ALG): Yes, the police should clearly understand this, not only for potential
violations, but also because if you did not
observe the proper procedures, they may
have to release the suspect.
suspect We see a lot
of examples of that. The fiscals are
always blaming the police, saying they
have to let the suspect free because of
the wrong arrest procedures.
Excellent – participation of all the
members in the training team were
maximized.. My only suggestion is that
after the role play, there is a synthesis
s
for us to identify what is right and what was wrong in
the presentation. But I also think what the participants were trying to show is what is exactly
commonly happening on the ground,
gro
which is far from ideal. So,, anyway, the group should
point out what is wrong after the role play so people on the ground will no longer commit
the same mistakes.
Atty. Marlon (ALG): Right. In fact, it may not even be the trainer to explain that. It may be
from the participants, you can ask the police – what is the proper procedure?
Comment (PNP): On the topic
topi of arrest,, this is the most crucial aspect of what we do. So
please remember to let the participants
participants act out what they know. After that, you can lead the
discussion into looking at what is correct, and what are the common mistakes on the field.
At times, you cannot avoid going into technicalities, but these are the reasons why cases are
being dismissed,
ismissed, or suspects being freed. For example, not introducing yourself, not giving
the Miranda warning. Our legal division advices us to introduce ourselves at least 3 times.
Like stating the Miranda doctrine, but he did not introduce himself. You have tto ask if they
understood the Miranda warning. So, correct the wrong ideas.
Atty. Marlon (ALG): Arrest is really critical,
c
, because we have seen a lot of cases where if the
proper search procedures were not followed, even if you were able to discover and
confiscate illegal paraphernalia, it will be as if you never got them. For the civilians, what
they want to know are their rights during search, arrest and investigation. Do you have a
Miranda card? (Yes) Does it have a Cebuano version? (Yes). It’s really important to have that
card so you can read it and not forget anything. This is useful especially if things are getting
rowdy after an arrest.
Comment (CHR): I talked to some police officers,
officers and they say that they feel awkward if they
have to read the Miranda warning. For them, they feel that it
it debases their machismo,
mach
while
some will say that it is just a mere formality. But the PNP should really consider this because
this is a serious matter. Even if you have memorized it, it is still better if you read it.
47
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City

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




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

Atty. Marlon (ALG): Even in the US, the SOP
(standard operating procedure) is to read the
Miranda warning. They also have a card to
ensure that they don’t forget anything.
Atty. Ronnan (ELAC): You should read the
Miranda warning, otherwise there is an
administrative liability – it has a fine of
P4,000 - P8,000, plus six years imprisonment.
So you really have to read the card.
Suggestion: Can we just record the Miranda
warning in our cell phones?
Atty. Marlon (ALG): What is important is that the person knows his rights. It is also important
that you ask him if he understood it. Sometimes you apprehend someone in Cebu and read
the Miranda warning in Cebuano, but he happens to be an Ilokano, so he will not understand
Cebuano. But my suggestion is still for you to read it and not just record it in your phone.
Maj. Ed (AFP HRO): You also need to introduce yourself properly, and inform him why he is
being arrested.
Atty. Marlon (ALG): Remember: do not ask any incriminating questions because then, you
will be going into custodial investigation, and he now needs a lawyer. To be safe, just do not
ask any questions.
Q (AFP): How about tactical investigation?
Atty. Marlon (ALG): The problem there is that it is difficult to justify that tactical investigation
is different from custodial investigation. When will one, and not the other, apply? That is
where you are going to be vulnerable to complaints because you are prolonging the process.
Remember that torture can be psychological; it is not limited to physical – so even
questioning, you are already potentially opening up yourself to a possible torture complaint.
Maj. Ed (AFP HRO): I want to add that if you arrest a person, once that you begin to ask
questions, that can already be deemed as part of interrogation. So do not ask questions
because it will imperil the arrest – it might end
up as an unlawful arrest, and the suspect is
released.
Atty. Marlon (ALG): Remember that the rules of
custodial investigation are very strict. Because
the person is in detention, any form of
questioning is suspect. The difference between
interrogation and custodial investigation is
therefore very difficult to discern.
Atty. Marlon (ALG): The role play we did started
a lot of discussions. We then went into the substance of the law. That is the power of role
plays – people are able to see a particular scenario and you can then discuss what should be
done. The only hitch here is that it is time-consuming.
Rene (ALG) gave a quick summary of the Learnings from the Demo Teaching (refer to
Appendix R).
48
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
Session 6: Planning – per Regional Teams
Atty. Marlon (ALG): We are hoping that by September, you would have already, as a team, tried to
facilitate at least two Human Rights training sessions. It need not necessarily be the whole 3 days
training that was presented to you – it can even be just selected sessions or topics, like the “General
Principles of Human Rights” and the topic on “Arrest.” You can modify the 3-day design for your
audience and topic. As much as possible, we want the participants to be multi-sectoral, but if you
have opportunities to conduct them with select participants, then do so.
One challenge that we have is that the project funds will no longer be able to cover the area-based
activities. So you will have to think about this together as a team. So part of your team planning
should be to identify how you can conduct the activities without depending on external funds. For
example, for Region VII PNP, we know that the regional director (Police Chief Superintendent
Prudencio Tom Bañas) supports this program, so perhaps you can organize one training for the PNP.
For the other regions, the CHR may say that they want to host one training, but in order to save
funds, can we hold it as a back-to-back mini-training with another activity? Yes! For the AFP, you
may also want to host one training for your personnel. We have Major Harold Garcia of the
Philippine Army Human Rights Office with us here. You may want to think about a training for your
Divisions and Brigades in the Visayas, perhaps through CenCom (Central Command). Just look out for
interests and opportunities as you make your regional plans.
You can say that we already have the training design and the trainers – so all the interested groups
need to cover are the venue and food. There is also a suggestion that if there is an activity by the
military in the camp, perhaps we can invite some police, CHR and civilians as well for the conduct of
our training to make it a multi-sectoral forum. And if it is the PNP that has an activity, can we also
invite the AFP, CHR and civilians for our training? So please think about those possibilities and try to
identify possible sources of funds.
Again, our target from now up to September is that we will have tried to implement the training
session in at least two separate activities. So that is just the general guide. We will present a simple
matrix for you to follow, and then we will ask that you quickly present your group regional plans.
Plenary Presentation:
Region VI:
Activity
(What?)
One-day seminar on Human
Rights Promotion and
Protection
Expected Output ,
Outcome or Objective
(Why? What for?)


49
To enhance
awareness of
participants on HR
promotion and
protection
For participants to
internalize the state
obligations to
respect, protect and
fulfill the HR of every
individual
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
Person/s or
Agency
Responsible
(Who?)
Training Team
Region 6
Pax:

25 AFP

25 PNP

10 CSOs
Time Frame
(When?)
March 25, 2015
(Negros island)
Last week of May
(Panay island)
Resources Needed
(Needs?)





Supplies – c/o
CHR
Projector
Laptop
AM snacks –
c/o Vangie
PM snacks –
c/o PNP and
AFP
2-day Seminar in Antique
(for AFP, PNP, CSOs)
HR Steering Committee
meeting

Present proposed
activities for support

Back-to-back activity –
Evaluation (March 25)


Same objectives
To seek logistical
support from the HR
Regional Steering
Committee
Training Team
Region 6
30 pax (10
per sector)
HR 6 Steering
Committee
Chairperson –
(CHR 6) Atty.
Bermudo
Last week of August
2015


March 27, 2015

Snacks, Lunch –
c/o PROCESS
Panay
Secretariat –
c/o CHR
Snacks and
lunch – c/
Region VII:
Activity
(What?)
Expected Output ,
Outcome or Objective
(Why? What for?)
2-DAY MULTISECTORAL
HUMAN RIGHTS SEMINAR
Have a common or
collective understanding
of the basic concepts of
HR, IPSP, HRBP and
related laws and
regulations
Person/s or
Agency
Responsible
(Who?)
AFP, PNP,
CHR, CSO
Time Frame
(When?)
April 15-16, 2015
Resources Needed
(Needs?)
Learning Materials
Accommodation
Venue
Food
Region VIII:
Activity
(What?)
Expected Output ,
Outcome or Objective
(Why? What for?)
Input Sessions for RM/
Meeting with RDs (CHR, AFP,
PNP, CSO)


Finance/Accounting/Comptr
oller Personnel
Identify sources of
Funds (Institutional
and Outside)
Possible
Counterparting
Strategy
Person/s or
Agency
Responsible
(Who?)
CHR
Time Frame
(When?)
March – April 30
Resources Needed
(Needs?)
Office Supplies
Date of Meeting;
April 30, 2015
CBHR Orientation/Training
Provincial/Regional


1 Regional and/or 2
provincial Training Being
Conducted
Western Samar
Leyte
Three 1 day Multi-Sectoral
CBHR Orientation
Multi Sectoral CBHR
Orientation/training
being Conducted in
Ormoc, Tacloban and
Catbalogan or such other
area which may be
identified
R8 HR
Training Team
R8 HR
Training Team
June – September
2015
Funding Support for
Logistics and other
Training Needs
June-September
2015
CHR, AFP,
PNP on fund
Sourcing
Participants:
Name
Ronnan Christian
M. Reposar
Desiree V.
Pontejos
50
Organization
ELAC
Email Address
rcmr80@yahoo.com
Contact Number
09173296964
CHR – R8
desireepontejos@yahoo.com
09205054322
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
Insp. Jose D.
Dolina Jr.,
Capt. Salvacion C.
Evangelista
Ron Ely B.
Graciano
1Lt Arthur B.
Arguelles
Ma. Rona S.
Lomuardo
PSInp. Brigido
Tingzon
PNP
leyteppo_idms@yahoo.com
09365443201
AFP – 802
Brigade Ormoc
CSO – PUERSA
salvieh_conejos@yahoo.com.ph
09175968872
rongraciano_76@yahoo.com.ph
09477424659
AFP – 8ID
Catbalogan
CHR-R8
aba_arguelles578@yahoo.com.ph
0917-8211049
marona_samonte@yahoo.com
09772104607/09088928253
PNP
brigstingzonjr@gmail.com
09262111472
nd
Closing Program
Atty. Marlon showed a short and funny video clip entitled “Death by Powerpoint” – it showed some
of the common mistakes to avoid whenever making Powerpoint
Powe
presentations. He added that we all
make Powerpoint presentations (especially
especially for trainings), but the participants should not make the
mistakes in the video.
He mentioned that all the participants will be given copies of the DVD which has the Multi
Multi-Sectoral
Human Rights Training Handbook, including the session guides, Powerpoint
owerpoint presentations, video
clips, case studies and some reference materials. He added that it would also include a list of the
participants.
Atty. Marlon (ALG): Hopefully, by next year, we will be able to expand – meaning we will have more
trainings and more trainers for the regions that were not
covered before. For the Visayas, even if we have Region 6, 7 and
8, each of the regions has several islands, so we reallyhope to be
able to expand.
CLOSING REMARKS
Atty. Marlon (ALG): Thank you to everyone for taking the time
to participate in this trainers training. We really consider this
project a success. The project has undergone a lot of changes,
and this
his is a sustainability mechanism that we think should be
done by the different groups. Seeing how we have done this for
the past several years, and seeing your energy, enthusiasm and
commitment, we know that we can do this, and we hope that we can still be doing this for the next
several more years to come. Maraming salamat po!
Maryann (HSF): Thank you for giving me this opportunity to close our activity. Before I share my
observations, I would just like to say that I have worked with the people in the Visayas - in Negros, in
Syquijor, Cebu and Bohol, and I would have to say that our projects in these areas ha
have been very
successful. I want to thank you forr sustaining our good impression of the Visayas people.
51
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City
First of all, this activity would not have been possible without our partners. I would like to thank the
ALG – Atty. Marlon, Atty. Tonet and Atty
Atty. Myrfi for facilitating the sessions. For the AFP, I would like
to extend my heartfelt gratitude to the Human Rights Office, and especially to Major Ed for
singlehandedly facilitating
acilitating all the sessions of the AFP. And it was very good. We also thank Police
Chief Inspector Eking of the PNP
NP Human Rights Affairs Office, and also his PNP colleagues from the
regional office – Police Senior Inspector Pelare and Police Chief Inspector Juan Alberto. Thank you
very much! We also thank our support staff – Lito and Rene. I don’t know how we will be able to
survive for 5 days here without them.
I want to add to what Rene said when he mentioned that we have been doing this project for the
last 6 years. The core activity of the project is actually the Community-based
based Human Rights Dialogue
Sessions, but it has evolved over time – and now, we have Human Rights trainings, we have the Top
Level Policy Dialogue, and we have the Training of Trainers. I would not like to say when this project
would end, but you have to expect that eventually. That is the reason why we are preparing
preparin all our
partners, in the field
ield and in the national office
offices, to eventually take over the activities – because if it’s
successful, then that means, it should also be sustainable.
Last, but not the least, we would like to thank the CHR because they have accepted
cepted the responsibility
to sustain the activities, if and when the project is eventually turned over. So can we give them a big
round of applause? (applause and cheers)
cheers
Thank you to all of the Regional Directors who attended our meeting in Manila. Wee also
als thank the
Chairperson, Commissioners, and support staff of the CHR. The
Th strongest recommendation coming
from all the Dialogue Sessions in the regions that we have conducted is that the CHR is the most
appropriate institution to sustain this activity. They want the CHR to convene the activity – to be the
local coordinator and convenor – because they have already established their presence in the
regions.
We tried to help the CHR make sure that the CHR Charter bill is approved, but unfortunately, there is
a different set of dynamics in the legislature – but we will still
try to revive the CHR Charter in the next Congress.
Unfortunately, the CHR Charter was not in the list of priority
bills of the 16th Congress, but
ut we will still work on it, we will still
push for it, and revive it in the next Congress.
Based on our partnership arrangement, we hope that our
partners will be able to include this as part of their regular
programs. For the AFP and PNP, I am not exactly sure which
office should be taking this on – whether it is the PMO (Project
Management Office), HRO or HRAO – it really doesn’t matter,
so long as they have continuing support in terms of budget and personnel. You know, we don’t really
need to put it under the HRO and HR
HRAO – the structure is not important, just as long as it becomes
part of the regular programs of our partner institutions. For sure, the CSOs
SOs will not be having a hard
time,, because it’s part of their mandate.
52
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City
Last, I would like to thank the key actors of this activity, the participants. Without you, we would also
not be here today. It’s unfortunate that we didn’t have participants from Bohol and Negros from the
CSOs, although we have them from the security sector.
Let me now share my observations. Atty. Marlon mentioned that the activity we are doing is a
collective action. That’s the reason why the objective is multi-stakeholdership. We have all these
groups and networks involved in human rights in one venue, to talk about human rights. Hopefully, it
will lead to the transformation of our society. Hopefully, we can work together, and this project is
trying to make that happen. When we started this project, it’s a fact that some of the sectors here
were not seeing eye-to-eye on a lot of issues, especially about human rights. But now, it’s a different
scenario altogether.
I would like to congratulate the participants, as I said, I know that the Visayas people are really
effective trainers. I commend the AFP and PNP Demo Teachers for having the guts and confidence. I
think that’s the way to start it – and if you don’t have that, you won’t go anywhere. I think you will
manage to do a lot.
I would also like to acknowledge the close cooperation and engagement of the participants. I have
been sitting quietly at the back, but I was really observing how you deal with each other, and I think
that with this group, you really have a close cooperation.
We didn’t have any problems with the participants, and for that, I’d like to thank you all. It could
sometimes get difficult if you have a dilemma with the participants. There was really close
cooperation. And even if most of you met only this week, you’ve shown that kind of rapport that we
can probably strengthen later on, together with the other sectors. I salute the officers and officials,
both from government and CSOs, for the professionalism they have shown. They are the kind of
people we want involved in our activities – whether in a training activity, or in a future discussion
session.
One thing I would like to add is perhaps you can also involve the other sectors, because in the
dialogue sessions that we conducted in the 17 regions in the past, it has been mentioned, time and
again, that we should include the LGU (local government unit) local officials, and not contain this
activity just among ourselves. We can also include other government agencies like the DAR
(Department of Agrarian Reform), DENR (Department of Environment and Natural Resources), DILG
(Department of the Interior and Local Government), and even the barangay LGUs .
As for resource mobilization, I congratulate you for taking that path, because that is very important
for any of our activities to succeed. You can also involve media and news organizations and the
private sector – they may also have some resources, both technical and financial, that you may tap.
You may also want to involve the academe and youth organizations – perhaps they can provide the
venue or information support for research and development. Perhaps if you want to come up with a
newsletter, or write-up of what you are doing, they can be of some help. They may have writers and
other people who can help you with information dissemination. Perhaps they can even help in the
facilitation work for other sectors, and they can be mobilized for that purpose. So those are just
some of my suggestions, but you can look out for other possibilities and opportunities present in
your areas.
53
Regional Trainers Training Session – Visayas
March 9-13, 2015 at Cityscape Hotel, Cebu City
Some people ask me if there will be Hanns Seidel Foundation support for the area-based
based activities.
a
Unfortunately, for this particular project, the HSF cannot support you on that. But you are always
welcome to submit your reports, because if the people from the Head Office get to read about them,
and if they feel that it is worthwhile to suppo
support, perhaps they may decide to fund some future
activities if they have available
vailable funds.
funds. So it’s good to maintain continuous updating and
communication because you never know when the funds will be available. If there are funds, and if
they see this as a worthwhile
orthwhile activity to fund, and it is not a new project, just a follow
follow-through
activity of an existing project, who knows? Maybe we ccan
an be able to gather some funds – either
within HSF or even outside of HSF for that. So that’s the reason why we are requesting
ting for updates.
It’s not just for us to know what is happening in the areas, but to also help you later on with the
resources that you might need. But of course, there is no guarantee: it’s
t’s always a process of request,
proposal writing, approval, impleme
implementation, reporting and liquidation. That’s always the process.
So, thank you very much to everyone. We hope to see you once again in one of our future activities!
Maraming salamat po!
 END 
Prepared by:
RENE CLEMENTE
ALG Program Officer
reneclem.alg@gmail.com
54
Regional Trainers Training Session – Visayas
March 9-13,
13, 2015 at Cityscape Hotel, Cebu City