OFFICIALS of the Department of Justice (DOJ) and the Presidential Task Force on Media Security (PTFoMS) yesterday assured United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression Irene Khan that the Marcos administration is committed to the protection of media practitioners in the country.
“It was a pretty good and productive day. And we were able to show na ang ating pamahalaan sa ngayon ay ready, willing, and able na proteksyonan ang mga members of media in the performance of their task and duties (We were able to show that the government is ready, willing, and able to protect members of the media in the performance of their duties),” DOJ Undersecretary Raul Vasquez said in a press briefing after the meeting.
He likewise said the government remains unwavering in its stance to prosecute to the fullest those who attack mediamen.
“The DOJ is ready to prosecute to the fullest extent of our government apparatus all cases that are lodged to us. Victims or their families would not be threatened or put under the cloud of fear or intimidation,” he added.
Vasquez said she also assured Khan that the government is not playing favorites when it comes to assisting victims of crimes, injustice or violence, adding that members of the media is not given special treatment.
“May tanong kasi siya (Khan) na ibig bang sabihin parang may favoritism or priority na ibinibigay sa mga miyembro ng media? Sabi naman namin ay wala. Nagkataon lang kasi na iyan ang naha-highlight kasi apektado ang mga media practitioners (She asked if there was favoritism or priority given to members of the media. And we said no. It just so happened that it is being highlighted since it involved media practitioners),” he also said.
PTFoMS Undersecretary Paul Gutierrez meanwhile said he discussed with Khan the case of broadcaster Renato Blanco who was stabbed dead in Negros Oriental and the killings of broadcast journalists Cresenciano “Cris” Bundoquin, Juan “DJ Johnny Walker” Jumalon, and Percival “Percy Lapid” Mabasa.
“We believe that we were able to answer all her questions regarding those cases,” Gutierrez said in the same briefing.
Gutierrez said they also talked about the case of journalist Frenchie Mae Cumpio who was apprehended in a police raid in Tacloban City in 2020 for alleged illegal possession of firearms. The police have accused Cumpio of being a member of the New Peoples’ Army.
Vasquez and Gutierrez said they explained to Khan the workings of the country’s judicial system.
They said they explained to the UN envoy that if a case doesn’t reach the court, then the investigation is not considered finished and it is, therefore, returned to the investigator for further investigation.
During the welcome dinner for Khan last Tuesday, Gutierrez said: “The government remains steadfast in its efforts to foster an environment where anyone can freely express their opinion without fear.”
Among those who organized and attended the welcome dinner were Gutierrez, National Security Adviser Secretary Eduardo Año, officials of the PTFoMS, the Philippine Amusement and Gaming Corporation (PAGCOR), and the Publishers Association of the Philippines (PAPI).
Officials from various agencies, such as the DOJ, Department of Foreign Affairs (DFA), Presidential Human Rights Committee (PHRC), and the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) also attended the event.
The PTFoMS said DFA Assistant Secretary Maria Teresa Almojuela, during the meeting, reaffirmed the country’s commitment to working with the UN on freedom of expression issues, while Justice undersecretary Margarita Gutierrez talked about the government’s role in upholding justice and freedom of opinion.
PHRC Director Tito Fajardo presented the country’s Human Rights achievements and reports while NTF-ELCAC undersecretary Ernesto Torres Jr. discussed the shift in the government’s campaign against insurgency from a security-focused approach to one that is centered on community development.
Torres also outlined initiatives related to poverty alleviation, education, healthcare, and infrastructure development and talked about the importance of maintaining an open civic space for transparency and accountability.
PTFoMS said Khan, who is in the country for a 10-day visit, discussed the complexity of freedom of opinion and expression, the importance of diverse information sources, and the value of multiple perspectives.
It added that the UN Rapporteur also expressed her gratitude for the warm welcome and recalled her previous visit to the Philippines in 1981 with the UN Office of the High Commissioner on Refugees.
She also commended the Philippines for its early adoption of the UN 1951 Refugee Convention and its 1967 protocol.
Meanwhile, Supreme Court magistrates led by Chief Justice Alexander Gesmundo affirmed the judiciary’s commitment to free speech in their meeting with Khan last Wednesday.
Khan was welcomed at the SC by Gesmundo, Senior Associate Justice Marvic Leonen, and Associate Justices Amy Lazaro-Javier, Henri Jean Paul Inting, Japar Dimaampao, Jose Midas Marquez, and Maria Filomena Singh.
Gesmundo said he assured Khan and her delegation that the judiciary is cognizant of the universal principles of freedom of speech and expression as enshrined in the 1987 Philippine Constitution and international laws.
Philippine courts, he said, “always seek to actively endeavor in striking a balance between such freedoms and the right of the state to protect itself.”
Leonen cited recent SC decisions, such as the case of St. Anthony v. Comelec, where the Court En Banc held that the poll body cannot remove or destroy privately-owned campaign materials displayed on private properties, and the of ABS-CBN v. Ampatuan, where it affirmed the rights of the media in reporting cases being heard in courts to illustrate the court’s protection of free speech.
Leonen also mentioned the case of lawyer Lorenzo Gadon’s viral video against journalist Raissa Robles, where the SC unanimously voted to disbar Gadon.
Gesmundo and Leonen said a copy of the rules that the High Court issued in relation to the controversial Anti-Terrorism Act of 2020 was also provided to Khan, which they “ensure that judges will handle (cases) properly and effectively, protecting the rights of people vis-í -vis prosecution against anti-terrorism.”
The SC had declared some provisions of RA 11479 as unconstitutional.
Dimaampao, meanwhile, discussed with the UN rapporteur the strengthening of the Shari’ah justice system and how the SC recognizes it as an “indispensable component of the country’s national legal framework.”
Dimaampao is the second Muslim to be appointed to the SC, the first being former Associate Justice Abdulwahid Bidin, who was appointed by the late president Corazon Aquino.
On the other hand, Lazaro highlighted the steady increase in the number of female judges in all trial court levels.
She shared with Khan that as of December 31, 2023, of the 2,119 total number of judges in the country, 1,172 are female, while the remaining 947 are male.
Lazaro also disclosed that gender balance, on the other hand, is more mixed for collegiate courts, adding that as of end of last year, two of the 15 members of the SC are female.
In the Court of Appeals, 31 of 68 justices are female; in the Sandiganbayan, nine of the 21 justices are female; and in the Court of Tax Appeals, seven of nine justices are female. — With Jocelyn Montemayor
