Lawyers claim proposed federalism ‘chips away’ Pinoys’ rights, leads to ‘authoritarianism’

The National Union of People's Lawyers (NUPL) on Saturday said it is bothered that there are "certain additions and changes" to the Bill of Rights under the proposed federal charter, with other provisions even leading toward "authoritarianism."

In a statement, the NUPL mentioned the problematic provisions:

(1) the demandability of the rights not only against the State but also against “non-state actors” (Section 1);

(2) introduction of a “surveillance warrant” (Section 5b,c,d);

(3) limitation of the right to peaceful assembly to “freedom parks” (Section 7);

(4) expansion of the basis for the suspension of the privilege of the writ of habeas corpus to include “lawless violence” (Section 14);

(5) retention of the possibility of reimposition of the death penalty (Section 22); and

(6) qualification of the applicability of double jeopeardy (Section 24).

It said that the "non-state actors," a term sometimes used pejoratively against resistance and liberation movements, is contradictory with the universal concept of human rights as guaranteed by the state.

Meanwhile, the NUPL claimed that the "surveillance warrants" sanctions and institutionalizes further intrusions into the rights of individuals and communities, aside from expanding the already "invasive and oft-abused powers of the State on searches and seizures."

It added that the surveillance warrants are out of place in a Constitution, much less in a Bill of Rights.

The recognition of the right of the people to peaceful assembly and petition the government for redress of grievances is also "remarkably diminished" or "effectively curtailed" under the proposed charter by restricting it to freedom parks.

Also, the expansion of the basis for the suspension of the privilege of the writ of habeas corpus to "lawless violence" fits into the "draconian powers" of the State, the group added.

"It is worse to extend this to the amorphous ground or subjective view of what constitutes 'lawless violence'. This provision is in sync with the menu of expanded powers to be given the Commander-in-Chief who can cynically distort and capitalize on the wave of extrajudicial killings of activists, priests, media, petty drug users, recalcitrant local officials and even legitimate targets in the armed conflict as 'lawless violence,'" the NUPL said.

The NUPL also said the retention of the provision that raises the possibility of the reimposition of death penalty for "heinous offenses"shows another "lost opportunity" and obly resorts to the "ineffective, unreliable and discriminatory punishment of death as a solution to crime."

Finally, the protection of an individual against being persecuted and harassed by endless legal suits, NUPL said, is diminished by the qualification that it shall not apply "where the offended party is deprived of due process or where there is a finding of mistrial; or when the trial court acted with grave abuse of discretion."

The lawyers' group also said the mentioned provisions are not compliant with international instruments on human rights and even the 1998 GRP-NDFP Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL), which tried to address the gaps and loopholes in the Bill of Rights of the 1987 Philippine Constitution.

"It is in this whole context that we see the above proposals on the Bill of Rights as further chipping away of our rights, wittingly or unwittingly, not only in reality, but now also on a fundamental document that seems to be tilting towards even greater State control and expanded governmental power over the basic rights and freedoms of the people," NUPL said. — MDM, GMA News