News Roundup 15 September 2022
Sep 15, 2022 • 5 min Read
Crimes against humanity: Justice out of reach for EJK victims in PH drug war | INQUIRER.NET – There is “no genuine domestic investigation” of crimes allegedly committed by the government in the conduct of Rodrigo Duterte’s campaign against illegal drugs. This was stressed by victims’ relatives last year as they asked the International Criminal Court (ICC) prosecutor to resume its investigation on the government’s controversial anti-drug crackdown. It was on Nov. 10, 2021 when the then Duterte administration, through its ambassador to The Netherlands, requested that the ICC defer its investigation of crimes related to the “war on drugs” that were allegedly committed from 2011 to 2019. The government had stressed that this was to give way to domestic investigations, saying that the Philippines was investigating or has investigated individuals involved in alleged crimes against humanity committed in the course of the anti-drug campaign. But while ICC chief prosecutor Karim Khan initially suspended the investigation on Nov. 18, 2021 to assess the government’s request, he formally asked the ICC’s Pre-Trial Chamber on June 24 for permission to resume it. Last Sept. 8, Solicitor General Menardo Guevarra said his office, which represents the Philippines in the proceedings, asked the ICC to deny Khan’s request, stressing that the ICC has no jurisdiction over the Philippines. Last Aug. 1, President Ferdinand Marcos Jr. said the Philippines would not take part in the ICC process: “We’re saying that there is already an investigation going on here and it’s continuing, so why would there be one like that [in the ICC]?” Recently, as he stressed that there was no need for ICC investigators to come, he said the only way for them to be welcome would be “if the whole system collapses” or “if we have a war here”. This, even if the Office of the High Commissioner for Human Rights (OHCHR) said the government should do more in its investigations, especially on crimes allegedly committed in the campaign against illegal drugs. The UN rights office said that while the Philippine government took initiatives to advance accountability for rights violations, “access to justice for victims […] remained very limited”. It stressed that institutional and structural lapses, like limited oversight of human rights investigations and inadequate investigation capacity and of inter-agency cooperation, have yet to be addressed.
DepEd exec: No legal basis in procurement of pricey, outdated laptops | INQUIRER.NET – The Department of Education’s (DepEd) purchase of allegedly overpriced but outdated laptops for public school teachers does not have a legal basis, its procurement director said. DepEd procurement director Atty. Marcelo Bragado Jr. claimed that the memorandum of agreement (MOA) on the laptop purchase via the Procurement Service of the Department of Budget and Management (PS-DBM) was signed and notarized from late May to early June 2021. But, an invitation for bidding was issued in May last year despite the lack of MOA. “In effect, this whole procurement is defective. Wala hong legal basis. Gumastos ho tayo ng P2.4 billion na walang MOA. Humingi ho ng quotation at nag-file ng invitation to bid na wala pong MOA. Is that an accurate description, Atty. Bragado?” Senator Sherwin Gatchalian asked during the Senate blue ribbon committee hearing. (In effect, this whole procurement is defective. There is no legal basis. We spent P2.4 billion without a MOA. We asked for a quotation and filed an invitation to bid without a MOA. Is that an accurate description, Atty. Bragado?) Bragado, who was granted a use immunity, answered: “It would appear, your honor, that you are correct. Because based on the documents I have and my personal recollection, I have the MOA signed only last May 28, 2021.” However, PS-DBM former officer-in-charge executive director Atty. Jasonmer Uayan refuted Bragado’s claim. “On his allegation that it was signed on May 28, that is not entirely accurate. If you can check closely, I think it was also him who endorsed to our office the notarized document which was dated February 16, 2021,” he said. Bragado then raised the possibility that the MOA may be antedated as he has records to prove that it was signed on May 28, 2021. “It appears that it is antedated because in my personal view and professional knowledge, I was the one who was requesting for the signatures of the MOA,” he commented. DepEd Undersecretary for Finance Annalyn Sevilla supported the PS-DBM’s narrative that the MOA was signed on February 16, pointing out that her office reimbursed the notarial service fee. “Kami po sa finance ay kumpleto sa documentation na meron po kayo na MOA dated February 16 and if needed, we will even submit the official receipt of the notarial services made by the office of Director Mark Bragado kasi ni-reimburse niyo po ‘yan sa accounting,” she noted. (We, in finance, are complete with documentation that you have a MOA dated February 16; if needed, we will even submit the official receipt of the notarial services made by the office of Director Mark Bragado because you reimbursed that with the accounting.) Bragado denied the allegation, saying that he had no idea about the notarization and that his or Sevilla’s staff may be the one who had the MOA notarized. After more than seven hours of deliberation, the panel suspended the hearing.
Lawmakers’ support gives CHR hope for bigger 2023 budget | PHILSTAR.COM – Several lawmakers from the House of Representatives asked their colleagues to increase the budget of the Commission on Human Rights for next year to help the agency with its work of investigating abuses and of promoting human rights. CHR requested a budget of P1.646 billion to fund its programs next year but the Department of Budget and Management only allotted P846.38 million under the National Expenditure Program submitted to Congress. The amount was 12.27% lower than the P964.7 million for the commission’s budget this year. CHR executive director Jacqueline de Guia told lawmakers Thursday that it is very crucial that the commission’s budget for maintenance and other operating expenses is maintained at the current level, if not increased. From P368.2 million in 2022, the allocation for MOOE in the proposed budget has been slashed to P305.9 million. The DBM did not allot funds for the commission’s capital outlay, which refers to appropriations spent for the purchase of goods and services. “We look kindly [to] Congress to make sure that our services in terms of protection, prevention, and policy are strengthened and continued during fiscal year 2023,” de Guia said. Rep. Jocelyn Sy-Limkaichong (Negros Oriental), sponsor for the CHR budget in the plenary debates, appealed to her fellow lawmakers to increase the budget of the country’s human rights institution.
