SC asked: Void Sarmiento appointmentChristine O. Avendaño | Philippine Daily Inquirer February 26, 2014
MANILA, Philippines—As the Aquino administration celebrated the 28th anniversary of the Edsa People Power Revolution that toppled the Marcos dictatorship, victims of martial law went to the Supreme Court on Tuesday to stop a retired police director from chairing the board that would determine compensation for victims of the Marcos regime.
Former Bayan Muna Rep. Satur Ocampo was among those who filed a petition for certiorari, prohibition and injunction as well as an application for a temporary restraining order against Lina Sarmiento, whom President Aquino named chair of the Human Rights Victims’ Claims Board.
Named respondents in the petition were Aquino, who was accused of committing grave abuse of discretion when he appointed Sarmiento, former chief of the Philippine National Police Community Relations Group under the government’s counterinsurgency program and head of the PNP Human Rights Affairs Office (HRAO) before her new appointment.
Ocampo and five other petitioners told the high court that they were aghast that Aquino had appointed a police general to head the claims board.
They said Sarmiento’s appointment was “illegal” and should be declared void as she failed to meet the minimum qualifications for a board member set by Republic Act No. 10368, or the Human Rights Victims’ Reparation and Recognition Act of 2013.
In their petition, they said Sarmiento did not meet the requirements that she “must be of known probity, competence and integrity (Section 8a); must have a deep and thorough understanding and knowledge of human rights violations committed during the regime of former President Marcos (8b); and must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.”
The petitioners said the President “may argue that respondent Sarmiento has a track record as a member and officer of the PNP but it cannot be denied that she lacks the mandated qualifications set forth under the law, and the institution she represents lacks the credibility and integrity to deliver justice to human rights victims.”
The petitioners also said that when Sarmiento was HRAO chief, she “became part of the machinery, which ‘attempted to deodorize the stench of the internationally condemned cases of extrajudicial killings and enforced disappearances.’”
One case Sarmiento handled was about farmer Renante Romagus who survived abduction and torture. He was stabbed and left for dead in December 2007 in Compostela Valley province, Ocampo et al. said.
They said Sarmiento dismissed calls for investigations of Romagus’ case “as she lamely but callously blamed instead the victims’ inability to identify his perpetrators.”
They also said Sarmiento was a member of Task Force Usig, created by the Arroyo administration which investigated extrajudicial killings and enforced disappearances but which they pointed out had failed to do its job.
The petitioners noted that there was nothing on public record to show that Sarmiento was involved in any effort against atrocities during the Marcos dictatorship.
“If at all, she was a silent, passive, if not acquiescent cog in the security apparatus of the repressive dictatorship,” they said.
Ocampo et al. said their petition was not a question of not only whether Sarmiento was qualified under the law to assume such post but also of whether the President’s act of approving her appointment “contravenes the very essence of the law he is supposed to implement.”
And they said the answer to both questions was “in the negative.”
“Therefore, the illegal and unjustifiable appointment by no less than respondent Aquino, the very person who signed the law and a son of supposed icons of Philippine democracy, of a former police general representative of or coming from an institution that has perpetrated gross human rights violations during the Marcos regime—and even up to the present—negates and renders nugatory the very purpose for which the law was enacted,” they said.
The petitioners said the high court should declare Sarmiento’s appointment null and void because the President had committed grave abuse of discretion.
“By appointing a former police general to head the human rights board, the President is practically exonerating the entire system that perpetrated the abuses, justified their occurrence and concealed them with a veneer of impunity,” they said.
Aside from Ocampo, the other petitioners were Bayan Muna Rep. Neri Colmenares, Bayan chair Carolina Araullo, and Trinidad Repuno, Tita Lubi and Josephine Dongail—members of Samahan ng Ex-Detainees Laban sa Detensyon at Aresto.