14 Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders In 2011, a second complaint for libel was filed against Marites Vitug by Justice Velasco.77 The second complaint was based on her book, “Shadow of Doubt: Probing the Supreme Court”, which was published in 2010. In the book, Marites Vitug wrote about reasons raised by people who opposed Justice Velasco’s nomination to the post of Court Administrator in 2001 and then to the Supreme Court in 2002, 2003, and 2006.78 In 2012, Justice Velasco filed an affidavit of desistance, which caused the dismissal of both cases. Another example of libel used against a journalist because of his work exposing abuses alleged to have been committed by a public officer is the case of Edgardo Maliza, a correspondent for the newspaper Gold Star Daily, published in Cagayan de Oro City. On 4 March 2011, Edgardo Maliza was arrested on libel charges based on a complaint of Ernesto Adobo, who was then regional director for the Department of Environment and Natural Resources (DENR). Edgardo Maliza wrote two articles alleging that Ernesto Adobo misused a Certificate of Lumber Origin (CLO)79 issued by the Community Environment and Natural Resources Officer (CENRO) to a businessman from Butuan City. Ernesto Adobo was reported to have allegedly used that CLO to transfer a set of lumber different from the one indicated on the CLO.80 Edgardo Maliza was subsequently released after posting bail amounting to Php10,000 (approximately US$229).81 C. International standards on freedom of expression Enjoyment of the right to freedom of expression, guaranteed under Article 19 of the ICCPR, is not only a fundamental freedom in itself but its respect is also essential for the enjoyment of other rights, including the following rights: right to privacy; freedom of thought; the right to freedom of assembly and association; the right to participate in public affairs; and the right of minorities to enjoy their culture, religion and language.82 As the Human Rights Committee has also highlighted, freedom of expression is a necessary condition for the realization of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights.83 The right to freedom of expression includes among other things, commentary on public affairs, discussion of human rights, and political discourse. 84 The authorities’ respect and protection of the right to freedom of expression is indispensible for human rights defenders to be able to undertake their work in promoting and protecting human rights. The UN Declaration on Human Rights Defenders, clarifies that all persons have the right “to know, seek, obtain, receive, and hold information about all human rights and fundamental freedoms.”85 All persons have the right to “freely publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms.”86 77 Sophia Dedace, “Prosecutor summons SC justice, journalist on defamation suit”, GMA News Online, 26 May 2011. http://www. gmanetwork.com/news/story/221710/news/nation/prosecutor-summons-sc-justice-journalist-on-defamation-suit (Accessed August 2014). 78 Purple Romero, “SC Justice files second case vs. journalist”, Newsbreak, 16 May 2011. http://archives.newsbreak-knowledge. ph/2011/05/16/sc-justice-files-second-case-vs-journalist (Accessed August 2014). 79 Bureau of Forest Development (BFD) Circular No. 10-83 requires that all lumber transported or shipped must be issued a Certificate of Lumber Origin (CLO) “to pinpoint accountability and responsibility for shipment of lumber and to have uniformity in documenting the origin thereof.” Lumber transported or shipped without CLOs would be presumed as coming from illegal sources and therefore may be subject to confiscation. 80 Center for Media Freedom of Responsibility, Reporter arrested on libel charge, 8 March 2011. http://www.cmfr-phil.org/2011/03/08/ reporter-arrested-on-libel-charges (Accessed August 2014). 81 Nicole Managbanag and Joey Nacalaban, “Oro reporter nabbed for libel”, SunStar Cagayan de Oro, 5 March 2011. http://www. sunstar.com.ph/cagayan-de-oro/local-news/2011/03/05/oro-reporter-nabbed-libel-143149 (Accessed August 2014). 82 Human Rights Committee General Comment 34 on Article 19: Freedoms of opinion and expression, UN Doc CCPR/C/GC/34 at para. 4. 83 Human Rights Committee General Comment 34 on Article 19: Freedoms of opinion and expression, UN Doc CCPR/C/GC/34 at para. 3 84 Human Rights Committee General Comment 34 on Article 19: Freedoms of opinion and expression, UN Doc CCPR/C/GC/34 ar para 11. 85 Article 6(a) of the UN Declaration on Human Rights Defenders. 86 Article 6(b) of the UN Declaration on Human Rights Defenders.