Posts tagged “Josephine Dongail

SC asked: Void Sarmiento appointment

Christine 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.

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Martial Law victims ask SC to nullify appointment of police general to claims board

 InterAksyon.com

MANILA, Philippines — (UPDATE – 3:35 p.m.) Victims of human rights abuses committed by the Marcos dictatorship marked the 28th anniversary of the 1986 People Power uprising by asking the Supreme Court to nullify the appointment of retired police general Lina Sarmiento to head the Human Rights Victims Claims Board.

Among the petitioners were former Bayan Muna Representative Satur Ocampo, Neri Colmenares, the incumbent representative of the party-list group, Bagong Alyansang Makabayan chair Carlo Araullo, Trinidad Repuno, Tita Lubi and Josephine Dongail, all of them among the close to 10,000 human rights abuse victims awaiting recognition under Republic Act 10368, or the Human Rights Victims Reparation and Recognition Act of 2013.

Many quarters have protested the appointment of Sarmiento, calling it a travesty of the law’s intent and an insult to the dictatorship’s victims.

Among those who have voiced their opposition are former Senators Rene Saguisag and Joker Arroyo, both prominent human rights lawyers who defended the victims of the dictatorship.

In a statement, the Samahan ng Ex-detainees Laban sa Detensyon at Aresto said RA 10368 mandates that members of the Human Rights Victims Claims Board possess the following qualifications:

  • must be of known probity, competence and integrity
  • must have a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos
  • must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy

“We want to mark it in our history that never again shall we allow perpetrators of human rights violations (to) go unpunished. Letting a Martial Law relic head the Human Rights Victims Claims Board is a betrayal of that purpose. We shall exhaust any legal remedy available so that justice may be served,” Ocampo said in the statement.

The petition for certiorari he and the others filed says: “It is more than an issue of trust between the Human Rights Claims Board and the human rights victims. It is greater than ensuring confidence in the system supposedly envisioned to bring about justice. It is beyond the integrity of the process of arriving at the compensation to be awarded and the standards to be used in determining compensability and linking it to the rightful beneficiaries. The sum total of these values, though important, does not adequately address the issue against appointing a former police general to head the Human Rights Claims Board.”

“The human rights victims are not beggars and are not concerned merely with seeking compensation for themselves for past and continuing atrocities,” it added. “Compensation is a component of justice. Rewriting the history of human rights violations during the martial law regime is the bigger picture.”

“By appointing a former police general to head the Human Rights Claims Board, the President is practically exonerating the entire system that perpetrated the abuses, justified their occurrence, and concealed them with a veneer of impunity,” the petition said.

The petitioners are represented by lawyers Edre Olalia, Julian Oliva, Ephraim Cortez and Minerva Lopez of the National Union of Peoples’ Lawyers.

Despite the criticism of Sarmiento’s appointment, President Benigno Aquino III defended his choice, citing the retired general’s age and experience.

He also said Sarmiento would be able to “fend off those who want to sabotage” the law.

But Cristina Palabay, secretary general of the human rights organization Karapatan, described Aquino’s defense of Sarmiento as “lame … as lame as his understanding of the very essence of the law that he is supposed to implement.”

“By appointing Sarmiento, Aquino appears as the primary saboteur of the intent of the law to provide justice and reparations to Martial Law victims,” she said.


SELDA files certiorari at SC, demands nullification of Gen. Sarmiento’s appointment to Human Rights Victims Claims Board

DSC_0546

News Release
25 February 2014

Continuing protest vs PNoy-created HR Victims Claims Board
SELDA files certiorari at SC, demands nullification of Gen. Sarmiento’s appointment to Human Rights Victims Claims Board

On the occasion of the 28th anniversary of the EDSA People Power I, Martial Law victims led by former Bayan Muna Rep. Satur Ocampo filed a petition today asking the Supreme Court to nullify the appointment of PNP Gen. Lina Castillo-Sarmiento as chairperson of the Human Rights Victims Claims Board, the formation of which Pres. BS Aquino announced on February 13, 2014.

Petitioners include martial law victims namely Former Bayan Muna Rep. Saturnino Ocampo, Bayan Muna Rep. Neri Javier Colmenares, Dr. Maria Carolina P. Araullo, Trinidad Repuno, Tita Lubi and Josephine Dongail. All of them belong to the almost 10,000 Martial Law victims awaiting recognition as stated in Republic Act 10368, or the Human Rights Victims Reparation and Recognition Act of 2013 signed into law by Pres. BS Aquino.

According to RA 10368, members of the Human Rights Victims Claims Board should possess the following qualifications: 1) must be of known probity, competence and integrity; 2) must have a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos; 3) must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.

“We want to mark it in our history that never again shall we allow perpetrators of human rights violations go unpunished. Letting a Martial Law relic head the Human Rights Victims Claims Board is a betrayal of that purpose. We shall exhaust any legal remedy available so that justice may be served,” Ocampo said.

The petition for certiorari concluded that “It is more than an issue of trust between the Human Rights Claims Board and the human rights victims. It is greater than ensuring confidence in the system supposedly envisioned to bring about justice. It is beyond the integrity of the process of arriving at the compensation to be awarded and the standards to be used in determining compensability and linking it to the rightful beneficiaries. The sum total of these values, though important, does not adequately address the issue against appointing a former police general to head the Human Rights Claims Board.

The petition said, “The human rights victims are not beggars and are not concerned merely with seeking compensation for themselves for past and continuing atrocities. Compensation is a component of justice. Re-writing the history of human rights violations during the martial law regime is the bigger picture. By appointing a former police general to head the Human Rights Claims Board, the President is practically exonerating the entire system that perpetrated the abuses, justified their occurrence, and concealed them with a veneer of impunity.”

The counsels of the petitioners are from the National Union of Peoples’ Lawyers (NUPL) namely Attys. Edre Olalia, Julian Oliva, Ephraim Cortez and Minerva Lopez.

A number of Martial Law victims gathered infront of the Supreme Court to support the filing of the petition. ###

Reference: Jigs Clamor, SELDA national secretariat coordinator, 0917-5965859


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SC asked to stop appointment of new rights claims board head

Tetch Torres-Tupas | Inquirer.net
February 25, 2014

MANILA, Philippines — A group of human rights victims during the time of former President Ferdinand Marcos asked the Supreme Court to stop the appointment of retired General Lina Sarmiento as head of the Human Rights Claims Board.

In a petition filed Tuesday, they urged the high court to nullify Sarmiento’s appointment.

Petitioners represented by the National Union of People’s Lawyers include former lawmaker Satur Ocampo, Bayan Muna Representative Neri Javier Colmenares, Maria Carolina Araullo, Trinidad Repuno, Tita Lubi, and Josephine Dongail. They were all arrested, detained and tortured during the Martial Law years.

They said President Benigno Aquino III gravely abused his discretion when he appointed Sarmiento who is not qualified to head the Human Rights Claims Board.

Under Republic Act 10368 or the Human Rights Victims Reparation Act of 2013, the head of the board must have a “deep and thorough understanding of human rights and involvement in efforts against human rights violations committed during the Marcos time.

Sarmiento was a former member of the Philippine Constabulary-Integrated National Police who were among those who allegedly committed human rights violations during Marcos time.

Then, she became chief of the PNP Community Relations Group under the counterinsurgency program of the government, a machinery which petitioners say “attempted to deodorize the stench of the internationally condemned cases of extra judicial killings and enforced disappearances.”

“The issue of whether respondent Sarmiento meets the exacting qualities [to head the board] is therefore put to serious question. This does not inspire, merit or command trust and confidence in the head of the Board,” petitioners said.