Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders In 2010, a bill was filed in Congress to repeal the provisions on sedition of the RPC.127 The Philippines would have precedents to follow in repealing its sedition laws. Both the United Kingdom and New Zealand have abolished their sedition laws, the former with the Coroners and Justice Act of 2009 and the latter with the Crimes (Repeal of Seditious Offences) Amendment Act of 2007. 128 A British Law Commission paper from 1977 outlines many of the reasons for abolishing sedition as a crime, including that any party found guilty of sedition is also guilty of non-political crimes, such as incitement to violence or criminal conspiracy. 129 Therefore, preserving sedition as a separate offence creates an undue risk of politically motivated prosecutions. 130 B. Cases of rebellion and sedition filed against human rights defenders The most recent well-known charges of rebellion were brought in 2006, against parliamentarians belonging to left-leaning opposition groups that regularly criticize the human rights record of the government. On 24 February 2006, President Arroyo issued Proclamation No. 1017, wherein it was alleged that the political opposition from both extreme left groups represented by the National Democratic Front, the Communist Party of the Philippines (CPP), and the New People’s Army (NPA), and the extreme right, represented by “military adventurists”, conspired to bring down the government. The Proclamation also stated that the acts of these conspirators are “hurting the Philippine State”, “adversely affecting the economy”, and “constitute a clear and present danger to the safety and integrity of the Philippine State and of the Filipino people.”131 By virtue of this Proclamation, President Arroyo ordered the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) “to immediately carry out the necessary actions and measures to suppress and prevent acts of terrorism and lawless violence.”132 The next day, on 25 February 2006, Crispin Beltran, a leader of the group Kilusang Mayo Uno (KMU) and a parliamentarian, was arrested without a warrant by police officers. He was brought to Camp Crame, the national headquarters of the PNP, where a preliminary investigation was conducted based on an affidavit filed by the arresting officers who claim that they heard Crispin Beltran give a speech on 24 February 2006 that amounted to incitement to sedition under Article 142 of the RPC.133 A preliminary investigation is a proceeding conducted for the purpose of determining whether there are grounds to engender a well-founded belief that a crime cognizable by the Regional Trial Court has been committed and the that the responded is probably guilty thereof, and should be held for trial.134 On 27 February 2006, Crispin Beltran was again brought back to Camp Crame and subjected to a second preliminary investigation, this time for the crime of rebellion.135 Crispin Beltran was not allowed to post bail. Hence, he was immediately detained that day, on remand pending trial. Due to the state of his health, however, he was held in the hospital, where he stayed for 15 months.136 The PNP’s Criminal Investigation and Detection Group (CIDG) also filed complaints on 25 February 2006 against 51 persons alleged to be members of the CPP, including five parliamentarians belonging to leftleaning opposition groups: Satur Ocampo, Teodoro Casiño, Joel Virador, Liza Maza, and Rafael Mariano. 137 The complaints filed before prosecutors alleged that the persons named committed acts of rebellion, as 127 An Act repealing the Provisions on Sedition under Article 139, 140, 141, and Article 142 of Act No. 3815, Otherwise known as the Revised Penal Code, House Bill 00196, Fifteenth Congress. http://www.congress.gov.ph/download/?d=billstext# (Accessed August 2014). 128 Coroners and Justice Act of 2009, s. 2(3)(73)(a). http://www.legislation.gov.uk/ukpga/2009/25/section/73 (Accessed August 2014); Crimes (Repeal of Seditious Offences) Amendment Bill. http://www.parliament.nz/en-nz/pb/legislation/bills/00DBHOH_BILL7948_1/ crimes-repeal-of-seditious-offences-amendment-bill (Accessed August 2014). 129 The Law Commission, Treason, Sedition and Allied Offences (Working Paper No.72), paras. 76-78. http://www.bailii.org/ew/other/ EWLC/1977/c72.pdf (Accessed August 2014). 130 Ibid. 131 Proclamation 1017, Proclamation declaring a State of National Emergency, 24 February 2006. 132 General Order No. 5, Directing the Armed Forces of the Philippines in the face of national emergency, to maintain public peace, order and safety and to prevent and suppress lawless violence, 24 February 2006. 133 Beltran v. People of the Philippines, G.R. Nos. 172070-72, 1 June 2007. 134 Rule 112 of the Rules of Court of the Philippines. 135 Beltran v. People of the Philippines, G.R. Nos. 172070-72, 1 June 2007. 136 “Beltran sees longer hospital arrest due to unpaid 1M bill”, GMA News Online, 3 June 2007. http://www.gmanetwork.com/news/ story/44873/news/nation/beltran-sees-longer-hospital-arrest-due-to-unpaid-p1m-bill (Accessed August 2014). 137 “Court junks rebellion case, tells ‘Batasan 5’ to go home”, GMA News Online, 4 May 2006. http://www.gmanetwork.com/news/ story/5420/news/nation/court-junks-rebellion-case-tells-batasan-5-to-go-home (Accessed August 2014). 21