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.
February 24, 2014
PRESIDENT BENIGNO SIMEON C. AQUINO III President, Republic of the PHILIPPINES New Executive Bldg., Malacañang Palace Compound 1000 J.P. Laurel Sr. St., San Miguel, Manila
Dear Mr. President,
Our warm greetings to you!
We welcome your move in constituting the HR Victims’ Board of Claims that will finally set the implementation of R.A. 10368 that you signed almost a year ago from now.
However, we are quite dismayed and outraged that the provisions of the law as regards the qualification of the members of the Board of Claims were not diligently followed when you appointed former PNP General Lina Castillo-Sarmiento. Not only does she not, we think, fit the qualifications of the member of the Board of Claims, much less the chairmanship of the said body; but she comes from the institution which the majority of the victims pinpoint as one of those that committed grave abuses against their persons and properties during the dictatorship years and even up to now.
That is why, today, the eve of the anniversary of People Power I that catapulted your mother, former President Corazon Aquino; and yes, even you; we are here at the foot of the historic Mendiola bridge AGAIN, EVEN IN OUR SENIOR YEARS, to express our protest at your appointment of former PNP General Lina Castillo-Sarmiento as head of the Victims’ Claims Board. Please understand that her presence in the said body will not inspire respect or confidence in the hearts of the victims whose applications, with all their personal details, the Victims’ Claims Board will process.
There are members of your yellow army who may have been victimized during martial law but are now your administration’s apologists and scoff at our righteous indignation against your action and consider it as something we are afraid of because maybe upon Gen. Sarmiento’s use of her investigative skills, fake claimants will be found out among our ranks. We tell these advisers of yours to perish such thoughts because our years as being human rights defenders investigating human rights violations since martial law up to now have led us to the conclusion that there are very few among our police forces with such skills and that many of them are being used by elements of the AFP to whitewash the cases by bungling the investigations.
In the same breath that you ask us to give General Sarmiento a chance, we ask you TO PLEASE GIVE THE VICTIMS A CHANCE. For far too long have the government security forces including the PNP, lorded it over our political landscape, we think that it is time for the victims to be heard in matters that concern them. R.A.10368 or the Victims’ Reparation and Recognition Act of 2013 has been fought for by the victims for so long; we think that their voices must be heard in the law’s implementation.
Thank you very much for your time and we hope that we, the remaining victims of martial law, who fought very hard a very lonely, oftentimes, thankless battle to let the dictatorship account for its sins against the Filipino people, can be listened to at this time. Mr. President, please be informed that as long as we are alive, we will always struggle for the Filipinos’ collective and democratic rights. On behalf of the National Executive Board of SELDA, I remain,
Very sincerely yours,(Sgd) Marie Hilao Enriquez Chairperson
We denounce the appointment of Gen. Sarmiento as chair of the Human Rights Victims Claims Board (HRVCB). After prolonging the formation of the HRVCB for almost a year, the Aquino government made a historical affront to the victims by appointing a former member of the Philippine Constabulary, the forerunner of the PNP, as head of the Claims Board. It is not only her credentials as former PC officer that is an anathema to the historic struggle against martial law, but her zero track records of any involvement in asserting human rights nor any understanding or knowledge ofthe plights and struggles of martial law victims during and after the dark days of Marcos Dictatorship.
On 13 February 2014, Malacañang announced the formation of the HRVCB a year after the passage of RA 10368, or the Human Rights Victims Reparation and Recognition Act of 2013.
Pres. Benigno S. Aquino III appointed Gen. Lina Castillo-Sarmiento, a retired 2-star general of the Philippine National Police as chair of the HRVCB. To complete the members of the board, also appointed are Jose Luis Martin Gascon, Byron Bocar, Aurora Parong, Galuasch Ballaho, Jacqueline Mejia, Glenda Litong, Wilfred Asis and Erlinda Senturias.
The PC and the Armed Forces of the Philippines are the main apparatuses of the Marcos dictatorship in implementing the worst of human rights abuses under Martial Law. It is the PC and the AFP that dispersed rallies, “salvaged,” abducted, tortured, arrested and detained thousands of Martial Law activists. Her presence in the Claims Board does not command respect nor confidence in the hearts of the Martial Law victims.
In appointing Gen. Sarmiento, the Aquino government junks altogether the state’s admission of the atrocities and repression used against the Filipino people, the supposed objective of the law. Instead, it promotes into position those who violated the people’s human rights. This is no different from the Pres. Aquino’s appointment of military officials to higher positions under his presidency.
BS Aquino’s Claims Board does not represent the victims of Martial Law. The Aquino government completely disregarded the provision in the law which underlines that members of the HRVCB should have deep knowledge, capacity and experience in defending human rights. Not a single nominee of SELDA, most of them widely known as Martial Law victims and human rights champions, was appointed to the Claims Board. Much to our dismay, CHR Chairperson Etta Rosales and DOJ Sec. Leila de Lima even came to the rescue by saying said that Gen. Sarmiento is qualified for the job.
However the Aquino government justifies it, the appointment of Gen. Sarmiento goes way beyond the issue of qualifications. It is a travesty of justice. It is a conscious effort to discredit and dishonour Martial Law victims. The Aquino government, which has banked on the people’s clamor for justice and change, is trying to push the people’s struggle for justice farther in the sidelines. The appointment of a PC relic to head the claims board is not only considered a grievous insult to the struggle against martial law but a shameless denial of the ideals in asserting freedom and democracy that was highlighted during the first Edsa People Power in 1986.
With its brandishing of human rights violators in the military and the appointment of Gen. Sarmiento, the people who fought the dictatorship cannot expect anything more from the current administration. It is rather just to continue to fight for justice. SELDA demands the immediate recall to Sarmiento’s appointment.
SELDA has formed the People’s Claims Board (PCB).This will be the primary body to stand for the victims of Martial Law. It will ensure that all who suffered atrocities during the Marcos dictatorship shall be recognized and indemnified. The PCB will also ensure that RA 10368 will be implemented. It will formulate an Implementing Rules and Regulations (IRR) which will be submitted to the HRVCB as basis of the law’s implementation.
The PCB will continue to assert that, based on conclusive presumption, the 2,013 Martial Law victims that were delisted (who were part of the 9,539 members of the class suit against the Marcoses filed in Hawaii in 1986) and thosewho will step forward to make themselves recognized will be rightfully recognized and indemnified.
The PCB is composed of individuals actively in defense of human rights, and were victims themselves. They are Bayan Muna Rep. Satur Ocampo; SELDA chairperson Marie Hilao-Enriquez; SELDA vice-chairperson Bonifacio Ilagan; former Gabriela Women’s Party Rep. Liza Maza; University of the Philippines Prof. Judy Taguiwalo; Dr. Edelina dela Paz; Atty. Kit Enriquez, Atty. Marcos Risonarand Atty. Dominador Lagare, Sr.
Martial law victims in the regions of Southern Mindanao, Bicol and Panay launched also similar protest actions to express their grievances on the formation of the Human Rights Victims’ Claims Board.
SELDA will continue to fight for justice for the victims of human rights violations.As long as the perpetrators are in power, and the Aquino government continues to implement the same policy of extrajudicial killings, abduction and enforced disappearances, illegal arrest and detention, torture and the wanton use of martial law tactics against the struggling people, we will continue to stand and assert for justice. ###
Reference: Marie Hilao-Enriquez, SELDA chairperson, 0917-5616800 Jigs Clamor, SELDA national coordinator, 0917-5965859
Recall the apppointment of Gen. Sarmiento as head of HRV Claims Board! Justice to all Martial Law Victims!PRESS RELEASE | SELDA-Southern Mindanao Region February 24, 2014
DAVAO CITY – Samahan ng mga Ex-Detainees Laban sa Detensyon at Aresto-Southern Mindanao Region (SELDA-SMR) joins the National Day of Protest today, February 24, 2014 to mark the eve of commemoration of the 28th anniversary of People Power 1 with a protest over Pres. Benigno Aquino’s appointment of a retired police general and former Philippine Constabulary as head of Human Rights Victims’ Claims Board.
PNP Director Lina Castillo-Sarmiento, was part of the defunct Philippine Constabulary (PC) along with the Armed Forces of the Philippines who implemented Ferdinand Marcos’ Martial Law that resulted to gross human rights violations during 1970’s to mid-80’s.
“We are disgusted with the Aquino-formed Claims Board! This is the gravest insult that BS Aquino government inflicted upon the victims of Martial Law. It is unjustifiable that a former PC, the most dreaded human rights violator will lead a group that will process the recognition and reparation of Martial Law victims? How ironic, we cannot simply accept that!” expressed Fe Salino, secretary-general of SELDA-SMR.
It was also last year’s commemoration of People Power 1 when Pres. BS Aquino signed Republic Act 10368 known as “Human Rights Victims Recognition and Reparation Act of 2013”, with its solemn mandate to provide reparation and recognition of human rights victims of the Marcos regime is invested with the gravitas of history forged in the struggle against a dictatorship. The law is also a culmination of the victims’ struggle and the quest for truth, justice and the condoning of rash and remorseless assaults against freedom and human dignitiy.
Republic Act 10368 states that members of the Claims Board must be of known probity, competence and integrity; must have a deep and thorough understanding of knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos; and must have a clear and adequate understanding and commitment to human rights protection, promotion, and advocacy.
Salino asserted that, “The appointment of Gen. Sarmiento manifests Pres. BS Aquino’s arrogance that is bound to marginalize the tens of thousands of human rights violations victims right from the very start. The task of the Claim’s Board is not only monetary compensation but most of all to render justice for the Martial Law victims. Thus, we demand to recall the appointment of Gen. Lina Sarmiento and we will vow to support the formation of a People’s Claims Board. The People’s Claims Board is composed of known anti-dictatorship activists and human rights advocates, mostly victims of martial law themselves: Makabayan President Satur Ocampo, SELDA chairperson Marie Hilao-Enriquez, and SELDA vice-chairperson Bonifacio Ilagan.”#
FOR REFERENCE: FE SALINO, secretary-general, SELDA-SMR,Mobile No. 0921-715-8403
Ernie Reyes | InterAksyon.com
MANILA, Philippines — Opposition to the appointment of a retired police general to chair the body tasked to process claims of victims of human rights abuses by the Marcos dictatorship continued to mount with a women’s group calling it an “affront to Filipinos” and the victims.
In a statement issued Tuesday, Tanggol Bayi said that, “152 women were victims of extrajudicial killing, 31 women were disappeared, while 290 women were illegally arrested and detained” during the administration of former President Gloria Macapagal-Arroyo, when Lina Sarmiento headed the human rights office of the Philippine National Police.
Under the current administration, it added, the human rights group Karapatan has documented 18 women victims of extrajudicial killing, 3 cases of rape of girls, and 33 women political prisoners who were also victims of illegal arrests and fabricated charges.
Earlier, former Senator Rene A.V. Saguisag, who defended human rights abuse victims during the dictatorship, also called Sarmiento’s appointment “illegal.”
Before he became a senator, Saguisag served as spokesman of former President Corazon Aquino, mother of the incumbent, following the ouster of Ferdinand Marcos.
“The appointment of a police general, one from an institution which has systematically spawned rights violations including numerous sexual forms of violence against women since the Martial Law period, is an affront to Filipinos and all victims of human rights abuses,” filmmaker Kiri Dalena, Tanggol Bayi convenor, said in the statement.
Another Tanggol Bayi convenor, Cristina Palabay, accused President Benigno Aquino III of “using a female police official to deodorize stinking institutions with notorious records of human rights abuses.”
“We decry Aquino’s use of the gender card to justify the appointment of a police general to a body that is supposed to deliver justice to women victims of Martial Law,” she said.
Tanggol Bayi also decried what it called Malacanang’s disregard for its women nominees to the claims board, who it said are publicly known for their “deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations” and “clear and adequate understanding and commitment to human rights protection, promotion and advocacy,” qualifications spelled out in the Human Rights Victims Reparation and Recognition Act of 2013.
The group had nominated former Gabriela Representative Liza Maza, one of the law’s main authors, and University of the Philippines Professor Judy Taguiwalo, a victim of the dictatorship and a women’s rights advocate.
It also supported the nomination of Karapatan chair Marie Hilao Enriquez, a veteran human rights activist and daughter of one of the plaintiffs in the class suit against the Marcoses that was the basis of the compensation law.
Former police director Lina Sarmiento, the first woman to hold a two-star rank in the Philippine National Police (PNP), has been appointed head of the Human Rights Victims’ Claims Board.
The board oversees the distribution of P10 billion in compensation to victims of military abuse during President Marcos’ martial law regime.
Sarmiento’s resumé says she was former director of the PNP Human Rights Affairs Office.
As someone often approached by people victimized by abusive policemen, I should have been aware of such an office.
I knew Sarmiento headed the Police Security and Protection Group which assigns bodyguards to very important persons or VIPs.
I never heard her defending the human rights of civilians, much more heading an office within the PNP that protects the rights of civilians.
No kidding, is there really such an office?
Sarmiento, apologist of human rights violators, has no place in the ML victims’ Claims Board – SELDANews Release 18 February 2014
“An apologist of human rights violators has no place in the Martial Law victims’ claims board,” said SELDA chairperson Marie Hilao-Enriquez in protest of the appointment of retired PNP Gen. Lina Castillo-Sarmiento as head of the Human Rights Victims Claims Board.
Enriquez explained that victims of human rights violations do not deserve an unqualified person, much more a representative of State forces, to head what is supposed to be a mechanism to recognize state atrocities during the martial law period.
The Human Rights Victims Claims Board (HRVCB), according to RA 10368 or the Human Rights Victims and Recognition and Reparation Act of 2013, is the body tasked to evaluate and process the application for claims of the martial law victims.
“The appointment of an ex-PC officer to head the Claims Board is honoring the Philippine Constabulary that committed grave atrocities during the Martial Law regime,” Enriquez said.
The defunct Philippine Constabulary is the forerunner of the current Philippine National Police, which along with the Armed Forces of the Philippines implemented “salvages”, illegal arrest, detention, abduction and torture against people who fought the dictatorship.
Aside from being a PC officer under Marcos, Sarmiento was the former head of the PNP’s Human Rights Affairs Office during the Arroyo regime. “The Macapagal-Arroyo regime had the worst record of human rights violations post-Martial Law. Sarmiento’s position as human rights officer under Arroyo is similarly deplorable,” Enriquez added.
“Pres. Aquino clearly disregards the provisions of the law which enumerated the qualifications of members of the HRVCB. Gen Sarmiento is bereft of credibility, much more, her deep knowledge of martial law atrocities and empathy to the ML victims are questionable being part of the institution accused of rampant human rights abuses,” Enriquez said.
The Human Rights Victims Recognition and Reparation Act of 2013 or RA 10368 states that members of the claims board
- 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 do not see any clear basis for the appointment of Sarmiento; only a conscious effort to discredit and dishonor Martial Law victims. We demand a recall to Sarmiento’s appointment,” Enriquez said.
SELDA formed the People’s Claims Board that will act both as a watchdog and a monitoring body of Aquino’s HRVCB. The priority of the People’s Claims Board is to ensure that real and legitimate martial law victims will not be marginalized.
Members of the People’s Claims Board are former Bayan Muna Rep. Satur Ocampo, SELDA chairperson Marie Hilao-Enriquez, SELDA vice-chairperson Bonifacio Ilagan, former Gabriela Women’s Party Rep. Liza Maza, UP Prof. Judy Taguiwalo, Dr. Edelina dela Paz, Atty. Kit Enriquez and Atty. Dominador Lagare, Sr. ###
Reference: Marie Hilao-Enriquez, SELDA chairperson, 0917-5616800