Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders B. Examples of cases limiting the freedom of expression of human rights defenders in the Philippines From 2003 to 2006 alone, under the administration of President Gloria Macapagal-Arroyo, at least 43 journalists were reportedly charged under the criminal libel provisions of the RPC.64 A more recent example of criminal libel in the RPC being used against a human rights defender is the case of Esperlita Garcia. Esperlita Garcia, is the president of the Gonzaga Alliance for Environmental Protection and Preservation, a group that strongly opposed black sand mining activities undertaken by Chinese companies in the town of Gonzaga, in the province of Cagayan. The local government allegedly allowed the Chinese contractors to conduct magnetite extractions or black sand mining in the town.65 Esperlita Garcia was arrested on 19 October 2012 on the basis of a complaint by the town’s mayor, Carlito Pentecostes Jr. in reference to her alleged account on Facebook of how a peaceful assembly of people protesting the mining activities was ordered by the mayor to be dispersed. 66 Esperlita Garcia was released from custody on the day of her arrest, after posting bail amounting to Php10,000 (approximately US$229).67 The Philippines is known to be one of the most dangerous places in the world for journalists.68 The Committee to Protect Journalists (CPJ), an international independent non-profit organization that promotes press freedom, reported that as of 2014, 76 journalists have been killed in the Philippines since 1992.69 Sixty-two percent (62%) of these journalists were writing on political issues and were most likely targeted for their work exposing abuses perpetrated by public officials in the country.70 It should be noted that 34 of the 76 journalists killed between 1992 and 2014 died during the Maguindanao massacre as part of the convoy that accompanied the Mangudadatu family. On 23 November 2009, 57 people, including 34 journalists, were ambushed and brutally killed allegedly upon the orders of the Ampatuan family, the political rivals of the Mangudadatus.71 Journalists, are considered to be human rights defenders when “they report on human rights abuses and bear witness to acts that they have seen.”72 Criminal libel provisions under the RPC have been commonly used in the country to silence journalists from exposing abuses committed by public officers. A number of journalists who have reported on acts of graft and corruption by public officials have been accused of libel. As mentioned earlier, from 2003 to 2006 alone, during the administration of President Gloria Macapagal-Arroyo, at least 43 journalists were charged under the criminal libel provisions of the RPC.73 The UN Special Rapporteur on the situation of human rights defenders noted in her report that restrictions imposed on media and press freedom “can foster a climate of intimidation, stigmatization, violence and self-censorship” and causes a “chilling effect” on the work of journalists.74 In March 2010, a complaint for criminal libel was filed against Marites Vitug, a well-known journalist. The complaint was filed by Supreme Court Justice Presbitero Velasco, Jr., who claimed that Marites Vitug insinuated in her online article, “SC justice in partisan politics?”, that he had breached the Code of Judicial Conduct by engaging in partisan politics to support his son’s campaign for a seat in Congress representing the province of Marinduque.75 The article was alleged to have insinuated that Justice Velasco used his influence over local officials in Marinduque to support the candidacy of his son.76 64 License to libel, The PCIJ Blog, 21 September 2006. http://pcij.org/blog/2006/09/21/license-to-libel (Accessed 23 January 2015). 65 Julliane Love de Jesus, “Mayor’s assassination linked to black sand mining controversy”, Philippine Daily Inquirer, 21 April 2014. http://newsinfo.inquirer.net/596156/mayors-assassination-linked-to-black-sand-mining-controversy (Accessed August 2014). 66 Melvin Gascon, “Cagayan antimining leader arrested over Facebook post”, Inquirer Technology, 21 October 2012. http://technology. inquirer.net/19226/cagayan-antimining-leader-arrested-over-facebook-post (Accessed August 2014). 67 Melvin Gascon, “Arrest sparks over cybercrime law”, Inquirer.net, 23 October 2012. http://technology.inquirer.net/19290/arrest-ofanti-mining-activist-renews-debate-over-cybercrime-law (Accessed August 2014). 68 Reporters Without Borders, 10 Most Dangerous Places for Journalists, 21 December 2011. http://en.rsf.org/the-10-most-dangerousplaces-for-21-12-2011,41582.html (Accessed August 2014). 69 Committee to Protect Journalists, 76 Journalists Killed in Philippines Since 1992/Motive Confirmed. http://cpj.org/killed/asia/ philippines (Accessed August 2014). 70 Ibid. 71 Emily Rauhala, “It’s been five years since the Maguindanao massacre and the perpetrators are still free”, Time.com, 21 November 2014. http://time.com/3598796/its-been-five-years-since-the-maguindanao-massacre-and-the-perpetrators-are-still-free/ (Accessed 23 January 2015). 72 Ibid. 73 License to libel, The PCIJ Blog, 21 September 2006. http://pcij.org/blog/2006/09/21/license-to-libel (Accessed 23 January 2015). 74 Margaret Sekaggya, Report of the Special Rapporteur on the situation of human rights defenders, UN Doc. A/HRC/19/55 (2011), para. 120. 75 “SC justice files libel against veteran journalist”, ABS-CBN.com, 15 March 2010. http://www.abs-cbnnews.com/nation/03/14/10/ sc-justice-files-libel-case-vs-veteran-journalist (Accessed August 2014). 76 Sophia Dedace, “Veteran journalist Vitug answers SC justice’s libel raps”, GMA News Online, 27 April 2010. http://www.gmanetwork. com/news/story/189458/news/nation/veteran-journalist-vitug-answers-sc-justice-s-libel-raps (Accessed August 2014). 13