Country Report on Human Rights Practices for 1985

THE PHILIPPINES
 
 
The Philippines has a presidential-parliamentary system of
government headed by Ferdinand Marcos, President since 1965.
Through his personal power, control of the ruling party, and
use of emergency decree powers granted by the Constitution,
President Marcos has dominated the political arena. The
President is elected to a 6-year term and may succeed himself
indefinitely. The Government includes a Prime Minister and a
unicameral legislature, the National Assembly. National
Assembly members are elected to 6-year terms not coinciding
with the term of the President. Elections for President and
Vice President are set for February 7, 1986.
 
The Filipino people have a longstanding attachment to
democratic principles and institutions, fostered by the legacy
of the American colonial period, which began in 1898. From
independence in 1946 until 1972 the country was governed under
its 1935 Constitution, patterned closely after the United
States Constitution. In 1972, President Marcos declared
martial law, citing anarchy, lawlessness, urban terrorism, and
open rebellion by both Muslim separatists and the New People's
Army (NPA) , the military wing of the Communist Party (not
Moscow-oriented) of the Philippines (CPP) . Democratic
institutions were suppressed under martial law. The 1935
Constitution was replaced by one ratified in 1973, in a series
of controversial "Citizens Assemblies." In 1981, after new
constitutional amendments had redefined the presidency, Marcos
was reelected to a 6-year term. Although martial law
formally ended in 1981, Marcos has continued to exercise
broad, discretionary decree-making powers to limit criticism
of the regime and opposition activities.
 
Two insurgent groups are active, the NPA and the Moro National
Liberation Front (MNLF) , a radical Muslim secessionist group.
Both employ terrorist tactics. The NPA is under the direct
control of the CPP, a Marxist-Leninist party committed to the
establishment of a totalitarian Communist regime in the
Philippines. The NPA has grown significantly in recent years
and is believed by some observers to have as many as 16,000
full-time armed guerrillas, a similar number of part-time
fighters, and a large political and logistic support
structure. It operates to some degree in most provinces. In
some areas it has gained considerable influence, exacting
"taxes" and administering its own arbitrary brand of "law and
order," including summary killings. The MNLF, active in the
south, since 1972 has waged a secessionist struggle
originating in inequities and misunderstandings dating from
the Spanish era, including competition with Christians over
land, past efforts by the Central Government to control and
expand Christian settlements, and the desire of the Muslims to
preserve cultural identity. The level of fighting in
predominantly Muslim areas has diminished considerably in
recent years. The Government has mounted political, military,
and economic efforts against both insurgent groups. These
efforts have been more successful against the MNLF than
against the NPA.
 
The Philippines is a predominantly agricultural country with a
growing industrial sector. It ranks economically in the lower
middle range of developing countries. Its private sector is
subject to both substantial state intervention and favoritism
toward individual entrepreneurs with close ties to the
Government and the Marcos family. The economy continued to
experience considerable difficulty in 1985.
 
In 1985 there continued to be serious human rights violations
throughout the country, although there have been some positive
develpments as well. Among the latter are the Government's
toleration of peaceful expressions of political dissent,
including large public rallies and demonstrations, and the
trend toward greater press freedom. Philippine newspapers now
freely print even very harsh criticism of the Government.
However, there were frequent reports, many of them
well-founded, of human rights abuses, especially in the
countryside, by government security forces. These included
summary executions or "salvagings" of civilians; instances of
torture; arbitrary arrests, detentions, unlawful searches and
seizures; and disappearances. In 1985 the Communist-led
insurgents stepped up significantly their use of terror,
including summary executions, as a tactic in furtherance of
their political objectives.
 
The accuracy of statistics on human rights abuses in the
Philippines, which are collected only by the Government and by
Task Force Detainees (TFD) , is highly questionable. The TFD
is a politically active, ant i government, Catholic
church-related group which investigates and compiles
statistics only on alleged government violations of human
rights. TFD does not document atrocities and murders
committed by the NPA, a policy which reinforces reports that
TFD has significant links to leftist elements. Also, TFD
ascribes responsibility to the Government for some killings
for which the motivation is unclear but probably not political.
 
Although the number of political detainees reportedly declined
in 1985, there was an increase in alleged political killings,
and in the number of disappearances. In December the verdict
acquitting General Ver, the Chief of Staff of the Armed
Forces, and his fellow military defendants, after an 8-month
trial for the assassination of Benigno Aquino, was not viewed
as credible by most Filipinos.
 
RESPECT FOR HUMAN RIGHTS
 
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
 
a. Political Killing
 
As noted above, statistics on human rights violations,
including political killings, are not reliable. Accurate
assessment of violations committed in areas heavily influenced
by the NPA is particularly difficult. Furthermore, because
the use of violence for both personal and political purposes
has been common historically, distinctions between common
criminal activity, personal vendettas, unauthorized reprisals
by individual military or constabulary units, and legitimate
counter insurgency operations are sometimes blurred.
Government forces and insurgents are responsible for killings,
as are common criminals, extremist religious sects, private
security forces, and vigilante groups. Clashes between
insurgents and government forces occur frequently and often
result in fatalities.
 
Military engagements are but one facet of the use by the
Communists of violence to further their political goals. The
Communists wage an intense campaign for control of local
government mechanisms, utilizing intimidation, kidnaping, and
assassination directed against government and military
 
officials, businessmen, clergy, teachers, and others who
resist. The most obvious sign of Communist influence in any
locality of the country is the assassination of local
officials. Corrupt or disliked officials are often the first
to be murdered. Opponents of the Communist efforts to
establish political control, or anyone suspected of being
informers for the government, are also in danger of being
killed.
 
Government statistics allege that over 400 civilians were
killed by the NPA from the beginning of 1985 to the end of
August. Increasingly thoughout 1985, there were verified
reports of NPA intimidation and even killings of civilians who
refused to pay "revolutionary" taxes. For example, in
February, a 35-year old housewife was murdered in Davao City,
reportedly for refusing to give a contribution to the NPA. In
late August, the murder of an elementary school teacher in
western Samar received wide coverage. He was stabbed to death
by a female member of an insurgent band reportedly because of
his outspoken ant i -Communism. NPA political assassination
teams ("sparrow units") reportedly killed numerous local
government officials, policemen, and Philippine military in
1985. Their victims included the Governor of Surigao del Sur
province, who was murdered in October. The Australian
Government was forced to withdraw its consultants and aid to
an integrated development program on Samar in mid-August after
a series of NPA incidents and threats.
 
Numerous reports of summary executions or "salvagings" by
government forces occurred throughout the Philippines during
1985. TFD alleged in September 1985 that a total of 238
salvagings had taken place throughout the Philippines by
mid-year. (TFD alleged a total of 538 salvagings nationwide
for 1984.) According to TFD reports, most of these killings
were of farmers in areas of insurgent activity, although some
killings did occur in urban settings. As stated above, TFD
does not document atrocities and murders committed by NPA
insurgents. Additionally, it has a tendency to categorize any
murder by persons unknown as a political "salvaging."
 
Killings of civilians by auxiliary Civilian Home Defense
Forces (CHDF) units and other paramilitary forces were
numerous throughout 1985. These forces are heavily deployed
in insurgency-affected areas, and sometimes operate
independently of direct government or military control. The
most notorious among them appear to be armed religious cults
which operate mostly in Mindanao and other parts of the
southern Philippines. Human rights organizations and the
Catholic Bishops' Conference of the Philippines have called on
the Government to reorganize the CHDF or to dismantle it
outright. President Marcos announced in late October that the
CHDF program would be overhauled to ensure better screening
and training of CHDF personnel.
 
The Government reported in October that in 1985 it received 91
complaints of salvagings attributed to military personnel,
CHDF units, and members of the National Police: It found ten
to have no factual basis, 21 to be valid, and 60 were sent
under investigation.
 
In April, an Italian missionary priest. Father Tullio Favali,
was murdered in the town of Tulunan, North Cotabato, Mindanao,
allegedly by members of a renegade paramilitary group. Public
assertions were made in the wake of Father Favali 's killing
 
that this group, wanted on previous charges dating back to
1979 and suspected of cannibalistic acts, had been protected
by the local military establishment. Nevertheless, at the
personal order of President Marcos, the two principal suspects
in the killing were eventually captured and are standing trial
for the murder of Father Favali.
 
Another case involving the CHDF which attracted wide publicity
was an alleged massacre on September 20 of antigovernment
demonstrators in Escalante, Negros Occidental, in the Western
Visayas region. Over 20 demonstrators were killed and upwards
of 50 seriously wounded when CHDF elements reportedly fired
indiscriminately into the ranks of the unarmed protestors. In
raid-October Defense Minister Juan Ponce Enrile created a
multisectoral factfinding board to inquire into the
circumstances surrounding the Escalante killings.
 
Government officials state that mistakes have been made by
security forces fighting in insurgency-affected areas. The
Government has carried out investigations and stated that
military personnel have been disciplined for abusive
behavior. In fact, abusive personnel are seldom seriously
punished. Only 5, of a total of 123 military and National
Police personnel whom the Government as of October reported as
having been charged before courts martial for abusing
civilians, were convicted and sentenced.
 
As of October, according to government reports, a total of
1,153 military personnel had been given administrative
disciplinary action, including reprimands, demotions, and
discharges for abuse of authority. In late 1984 the Ministry
of National Defense formed a social action committee to
improve its responsiveness to complaints against military
personnel of abuse. In addition, ten retraining centers, or
disciplinary barracks, were established throughout the country
to rehabilitate soldiers guilty of human rights violations.
 
For the third year in a row, the Government in May deployed in
Metro Manila a controversial "secret marshal" corps of some
350 armed law enforcement officers. The marshals, renamed
"special operations teams," or "crimebusters, " were assigned
to ride as plainclothesmen aboard Metro Manila public transit
vehicles in an effort to curb a chronic problem of robberies
and assaults on these vehicles. They had summary arrest
powers, as well as authority to shoot to kill offenders who
refused to submit to arrest. Marshals reportedly killed as
many as 25 alleged criminals in May. As in previous years,
the program was viewed positively by some Metro Manila
residents. In other quarters, however, it drew sharp
criticism as a violation of due process. Although the secret
marshal program was not officially ended, its activities
appeared to have come to a halt in early June.
 
b. Disappearance
 
TFD claimed 117 persons as having disappeared from January to
June 1985. (TFD claimed a total of 150 disappearances for all
of 1984.) The International Labor Organization (ILO) wrote to
the Government about the disappearance of three labor
leaders. (See also references to ILO communication in Section
2.b. and Section 4.) The Government maintains that its forces
were not responsible for these disappearances. However, the
Government as a frequent practice has held persons suspected
of national security offenses incommunicado in order to
 
complete interrogation before revealing their capture.
On February 4, Tim Olivarez, a correspondent for a Manila
daily and editor of a provincial newsweekly, disappeared
shortly after publishing an expose on a smuggling syndicate
which allegedly enjoyed protection by government and military
officials. Both the acting Armed Forces Chief of Staff and
President Marcos ordered full-scale investigations, resulting
in the arrest in mid-November of nine persons, including the
alleged head of the syndicate.
 
On July 11, Father Rudy Romano, a Redemptorist priest and
political activist, was abducted in Cebu City. A witness
appearing on behalf of the Redemptorist priest at an August
Supreme Court habeas corpus hearing identified a military
intelligence agent as among his abductors. Although the
military has denied having abducted Father Romano, the acting
Armed Forces Chief of Staff ordered the "technical arrest" of
the agent identified by the eyewitness. As of late 1985,
formal charges of kidnaping were reportedly being prepared
against the agents and other military men, subsequently
identified. Father Romano's fate remains unknown.
 
The Aquino assassination trial was tainted in many eyes by the
disappearance of key eyewitnesses, including some whose
testimony before the factfinding board in 1984 helped to
establish the finding of a military conspiracy behind the
crime. The common-law wife and two female acquaintances of
the man whom the military alleges shot Aquino disappeared in
early 1984 and were not located in 1985.
 
Hostage-taking for ransom has been a common practice by
Filipino Muslim rebels of the MNLF. For example, an American
and a German taken hostage by an MNLF group in November, 1984,
on the island of Jolo, south of Mindanao, were held for more
than a year and released only in early December. A Japanese
citizen is still being held. There is some evidence as well
that the NPA has engaged in abductions.
 
c. Torture and Cruel, Inhuman, or Degrading Treatment or
Punishment
 
Although torture is prohibited under the Constitution, a
number of persons arrested for alleged national security
offenses have reportedly been tortured. TFD alleged that 383
instances of torture took place in the first half of 1985, as
compared with 504 for all of 1984. The Ministry of National
Defense admits that abuses occur. It also claims that some
charges of torture are false and are used as a legal tactic by
arrested subversives to gain release. Most complaints of
torture or other abuse center on the period immediately after
arrest, when suspects are reportedly detained in "safe houses."
There are also reports that the NPA engages in torture,
particularly against persons suspected of being informers for
the government .
 
In areas of military activity against insurgents, there have
been allegations of military abuse ranging from harassment and
extortion to rape and murder. These reports have appeared in
the press and have also come from numerous human rights
organizations which support the widely-held belief that the
Government is not doing enough to curb abuses and punish
abusive military personnel. Although the Ministry of National
Defense has investigated some reported abuses, it states that
it frequently fails to find evidence, and few personnel
receive serious punishment.
 
Although physical punishment is not officially part of the
Philippine penal system, prison conditions are often harsh,
and reports of abuse frequent. While in confinement, national
security detainees are usually allowed visits by family
members, lawyers, and others, and are also permitted food
supplements from outside sources. The use of prolonged
solitary confinement for national security detainees appears
to be uncommon and limited for the most part to persons whom
the Government regards as key figures in the underground
Communist movement. Persons held without bail pending
completion of their trials for national security offenses are
usually segregated from and have better accommodations than
those held without bail for common crimes and those already
convicted by the courts.
 
d. Arbitrary Arrest, Detention, or Exile
 
Arrested persons are generally charged promptly, although this
is not always the case, particularly with regard to alleged
"national security" offenders. Such persons are sometimes
held incommunicado by military intelligence units for days or
weeks before the Government presents charges or acknowledges
that it is holding them.
 
The Government asserts that no one is arrested for his
political beliefs, but that it arrests "public order
violators" who commit specific criminal acts relating to the
violent overthrow of the Government. Generally, such persons
are charged with subversion and rebellion, possession of
firearms and subversive documents, or, occasionally, with
crimes such as arson and murder.
 
Arrests in national security cases are frequently made under
"Preventive Detention Actions," (PDA's) which authorize
arrests by Presidential Order without court warrant, and which
allow persons to be held without bail until the President
authorizes their release. The 1983 Presidential Decree which
created the Preventive Detention Action system, however,
provides for a yearly review of the case of each detainee or
accused person held without bail. Despite this provision.
President Marcos still retains the power to order anyone's
detention for an indefinite period of time. The Supreme Court
has ruled that PDA's issued by the President are
constitutional .
 
TFD alleged that a total of 2,371 of what it terms "political
arrests" took place in the first half of 1985, compared with
4,168 for all of 1984. This figure includes an unknown number
of persons arrested for activities in support of the Communist
insurgents. Many of those arrested in 1985 were picked up in
mass arrests during rallies and demonstrations and were
subsecjuently released. Two Presidential Decrees promulgated
in 1985 eliminated capital punishment for crimes against
national security and public order, making defendants accused
of such crimes eligible for bail.
 
A grey area of legal uncertainty exists in cases where a
civilian court authorizes the temporary release on bail of
defendants held under a PDA. In some instances, as in the
case of two Manila student leaders arrested in February,
President Marcos has rescinded the PDA, thus allowing the
civilian court's release order to prevail. In other
instances, however, the military has refused court orders to
release defendants where the President has not withdrawn the
 
PDA against them. For example, the Supreme Court ordered the
temporary release in May of three activist lawyers from Davao
City because the PDA's issued against them were of
questionable validity. The military refused to heed this
order in the absence of a presidential directive to do so.
The Supreme Court subsequently reversed itself and ruled that
the lawyers' detention was legal after subversion charges were
filed against them in Davao.
 
Habeas corpus is generally available, but remains suspended
throughout the country for persons charged with subversion or
rebellion and for those charged with any crime in the two
regions in Mindanao where the MNLF rebellion is active.
Defendants in subversion and rebellion cases or their
relatives frequently petition the Supreme Court for habeas
corpus. In some instances the Court has granted hearings and
compelled the Government to present persons specified in
petitions before it. In other cases, however, the Supreme
Court has been slow to act on such petitions.
 
Two prominent opposition leaders, Jovito Salonga and Raul
Daza, returned voluntarily from self-exile in the United
States in 1985. Both have engaged freely in political
activities since their return. Subversion charges against
Salonga were dropped three days before his return in January.
Daza continues to face a subversion charge dating from 1982
but is now free on bail and has been allowed to return to the
United States. In July President Marcos lifted a PDA against
Cebu City opposition leader Ribomapil Holganza following a
bail release granted by the presiding judge in his subversion
trial. In a related case, the Government in January filed
rebellion charges against national opposition figure Aquilino
Pimentel . Pimentel, who is free on bail, resumed his place in
the National Assembly in November, when the Supreme Court
overturned a decision by the Commission on Elections
invalidating his 1984 election.
 
There is no evidence of the practice of compulsory or forced
labor.
 
e. Denial of Fair Public Trial
 
Persons currently charged with crimes are legally presumed
innocent until proven guilty and, if arrested after martial
law was lifted in 1981, receive public trials in civilian
courts.
 
The right to counsel is guaranteed by law and in general
honored from the time a person is presented in court for the
reading of charges. However, there have been instances in
which defendants in subversion and rebellion cases have been
held incommunicado without access to counsel for significant
periods of time. Once their detention was acknowledged, these
defendants were normally permitted visits by lawyers and
family members.
 
If a defendant cannot afford counsel, the court will appoint a
lawyer. Private and government legal assistance is available
to indigents, and there are lawyers' organizations which
provide assistance to alleged national security offenders.
Because of case backlogs, a shortage of judges, and the
practice of hearing cases concurrently, trials in civilian
courts often take 2 to 3 years. Subversion and rebellion
trials have frec[uently lasted longer. Trial by jury is not a
 
part of Philippine jurisprudence. Questions of law and fact,
including determinations of guilt or innocence, are all
resolved by the presiding judge.
 
Latest available government figures (September 1985) showed
490 persons accused of national security offenses being held
without bail. TFD, which compiles statistics on "political
detainees," reported as of June that there were 556 "political
prisoners," as compared with 851 at the end of 1984.
 
The Supreme Court continued to show some signs of assert iveness
in sensitive areas. In late December 1984 the Court ruled
that a 1982 raid by military authorities on the offices of We
Forum, an opposition newspaper, was illegal and
unconstitutional because the warrants upon which the raid was
based were issued without probable cause. In February, the
Supreme Court dismissed all outstanding subversion charges
against former Senator Jovito Salonga when a prosecutor
threatened to reopen his case after previously dropping the
charges. The Court asserted that the original indictment
against Salonga was filed with undue haste and was based on
hearsay testimony.
 
There remains, however, widespread Philippine cynicism
regarding the fairness and independence of the judiciary, and
there is frequent criticism that political influence or
bribery of individual judges plays a part in judicial
decisions. In August, the Supreme Court ruled that previous
testimony by armed forces Chief of Staff General Fabian Ver
and seven other defendants could not be used against them at
the Aquino assassination trial. General Ver and the other
military defendants have since been acquitted and General Ver
reinstated as Chief of Staff. The 8-month trial included
intimidation, disappearances and recantations of prosecution
witnesses, charges of judicial favoritism towards the accused,
and a lack of prosecution vigor. At the acquittal in
December, the Court reaffirmed the Government's contention
that Aquino was murdered by a Communist hit man. That
conclusion lacks credibility in the Philippines, inasmuch as
it is inconsistent with the 1984 finding of an independent
investigative board which implicated elements of the military
in the assassination.
 
Charges in subversion and rebellion cases are often vague.
There have been some cases with multiple defendants where
conspiracy to overthrow the Government was alleged but little
detail was provided in the charges. Members of the opposition
have sometimes been linked to alleged conspiracies with
subversive elements, and some have left the country to avoid
lengthy trials, restriction of movement, or possible
imprisonment. The line between national security offenses and
common crimes is frequently blurred, and lengthy legal
proceedings often result.
 
In practice there have been few convictions for subversion and
rebellion. Trials, including those of better known
defendants, tend to continue indefinitely. In many instances,
defendants held under preventive detention regulations and
charged with subversion are given "temporary release" while
their trials continue. Others have been released outright
after a few weeks or months .
 
 
f . Arbitrary Interference with Privacy, Family, Home
or Correspondence
 
The state intrudes little into the family life of most
Filipinos. Parents are free to raise their children as they
see fit. Religious practices are a personal matter, as is the
decision to join a political party. The Constitution's Bill
of Rights specifies that persons shall be secure in their
homes and guarantees the privacy of communications and
correspondence. These rights are generally respected by the
authorities .
 
A search warrant may be issued by a judge upon a finding of
probable cause. The President may also order a search. There
have been allegations that the property of some persons
accused of subversion or rebellion has sometimes been searched
without a warrant, but in most instances the authorities
obtain warrants before acting.
 
Reports persist that in some rural areas in Mindanao forcible
resettlement continued throughout 1985, notwithstanding the
1982 government ban on the practice. According to the
Government, higher levels of combat between government forces
and Communist insurgents have led some people in scattered
rural areas to relocate their homes of their own volition,
often for limited periods, to avoid danger. There have been
reports of such population movements from different parts of
the country.
 
Section 2 Respect for Civil Rights, Including:
 
a. Freedom of Speech and Press
 
Constitutional guarantees of frefedom of speech and press are
abridged in practice. Media restrictions are usually
political and economic in nature, rather than in the form of
direct government censorship. Nevertheless, Philippine media
now operate with a degree of freedom greater than at any time
since the imposition of martial law in 1972. Overall, the
Philippine print media are among the most free in the region.
 
Newspapers in the Philippines are generally divided into two
categories: those considered "government-influenced" and those
which assume an "oppositionist/independent" editorial line.
Three of the country's largest nationally circulated
newspapers are owned or controlled by relatives or close
associates of the Marcos family. Direct criticism of the
Marcos family in these papers is rare, but they do provide
coverage, in news reporting, editorials, and in columns, which
is occasionally critical of specific government policies and
personalities. The progovernment papers have made it a
practice since the 1983 Aquino assassination to provide
regular coverage of opposition political activities.
Outspoken antiestablishment commentary is a common feature of
independent newspapers and magazines.
 
The Philippine public has access to several major
international news publications even though these publications
sometimes contain articles and editorials sharply critical of
the Government. Foreign journalists regularly travel in the
Philippines and file stories without hindrance. The
Government announced in October a new policy permitting
domestic and foreign reporters to cover operations of the
Philippine military against the Communist insurgency. The new
 
 
guidelines were intended to expand coverage as a means of
informing the public of the actual dimensions of the
insurgency problem.
 
The Government maintains a significant degree of influence
over the electronic media, particularly television. Manila
has one government-owned television station and four
privately-owned stations controlled by persons with close
links to the Marcos administration. They produce programs for
distribution in Manila and other major cities. All television
stations appear to accept government guidance on their
editorial policy and often ignore or downplay opposition
political activities. A group seeking to obtain a license to
operate a Catholic lay television station reported that its
application remained stalled throughout 1985.
 
Radio remains an especially important source of news and
information in provincial areas. Ownership is dominated by
government loyalists, although there are significant
exceptions, such as Radio Veritas, a Catholic church-linked
station which provides the only "independent" coverage of
local and national issues.
 
Much attention was focused on the reported killings of 12
journalists in the first 9 months of 1985, bringing the total
of newsmen killed to 22 since 1979. Human rights
organizations allege government involvement in some of the
attacks; the military blames the NPA for some of the deaths;
and some of the killings apparently involved purely personal
motives. In at least three instances in 1985, the murdered
journalists had been actively pursuing stories on alleged
corruption in Government or abuses by security forces.
 
Libel suits are frequently filed in the Philippines, sometimes
as a pressure tactic against reporters, with varying degrees
of success. A conviction for libel can result in up to 3
years' imprisonment. During the course of the Aquino murder
trial, contempt of court charges were filed against two organs
of the independent press for casting doubt on the impartiality
and integrity of the court hearing the case. In one instance,
the charges were quickly dropped; the other case is under
court review.
 
b. Freedom of Peaceful Assembly and Association
 
A broad range of private professional, religious, social,
charitable, and political organizations flourishes in the
Philippines. The right of peaceful assembly is guaranteed by
the Constitution, and this right was generally exercised
freely by numerous groups protesting government policies or
other issues in 1985. An estimated 100,000 persons joined
rallies and marches throughout the Philippines on May 1, Labor
Day, with upwards of 50,000 marchers participating in Manila
alone. On August 21, 1985, about 70,000 persons were involved
in two separate antigovernment demonstrations in Manila to
commemorate the second anniversary of Benigno Aquino's daath.
Thousands of others marched in provincial towns and cities.
Opposition rallies are frequently held on a nation-wide basis.
 
Permits from local authorities are required for outdoor
demonstrations in public places. The Government usually
complied with requests for rally permits, but some were denied
on the grounds of alleged involvement by subversive elements.
In some instances, local officials later agreed to issue the
 
permits. Rallies and marches are often held without permits.
Although the Government advocates a policy of "maximum
tolerance" for handling street demonstrations, excessive force
was used to disperse otherwise peaceful but permitless
demonstrations in some towns and major cities. In addition to
the Escalante shootings in September discussed in Section
l.a., police reportedly shot and killed 2 persons and wounded
14 others during a farmers' rally in Manila in October.
 
A variety of trade unions claim slightly more than 2 million
workers out of a total labor force of 20 million. There are
also about 2.7 million workers in the National Congress of
Farmers Organizations. Union membership in the Philippines
tends to be nominal, rather than being composed of active,
dues-paying members. However, there are no government
restrictions on the right to organize and to affiliate with
federations, confederations, or international organizations,
or on the right to strike, except for public servants and
employees of certain government corporations. National labor
organizations are affiliated to the International
Confederation of Free Trade Unions (ICFTU), and to the
Communist-dominated World Federation of Trade Unions (WFTU) .
The nation has 1,954 registered labor groups; none has been
canceled or "deregistered" during the past 2 years. Union
certification elections are generally considered to be fairly
run.
 
Unions continue to negotiate collective bargaining agreements
and to strike. In October, the Ministry of Labor and
Employment (MOLE) reported 2,007 collective bargaining
agreements covering 266,000 workers as "active."
 
Compulsory arbitration was exercised in 12 of 937 strike
notice instances in 1984, and in 7 of 275 instances through
August 1985. The incidence of strikes in the garment
industry, in semi-conductor firms, and at export processing
zones increased in 1985. Even some public sectors "exempted"
from strikes have experienced stoppages. Although a penalty
of 6 months' imprisonment for illegal acts by strikers exists,
the Labor Ministry asserts that there have been no
convictions. However, a Presidential Letter of Instruction
was issued in 1985 allowing police to serve injunctions on the
picket line in order to halt strikes which the Ministry has
not authorized. The use of violence is endemic in the
Philippines among management and labor. There have been
numerous assassinations of labor leaders and trade union
members. The military charges that some leftist labor leaders
have engaged in assassination.
 
The Trade Union Congress of the Philippines (TUCP),
established in 1975, claims 1.3 million non-agricultural
workers and is the only officially recognized trade union
umbrella organization in the country. As a result of this
official status, TUCP officials are appointed as
representatives of labor on tripartite boards such as the
Social Security Commission and the National Council on Wages.
Because of these links, the TUCP is often criticized by
non-TUCP union leaders as being government controlled.
However, the TUCP frequently criticizes the Goverment about
poor wages and bad working conditions as well as on issues
affecting trade union autonomy from government controls.
 
Most government-owned and controlled organizations (a
different category from public servants), are unionized and
 
negotiate collective bargaining agreements. Public service
associations, such as public school teachers, cannot legally
form recognized unions nor can they legally go on strike.
Nonetheless, the Manila Public School Teachers Association
struck several times during the past year. The Government is
considering a bill to permit public sector employees to
organize and bargain but with limitations on their right to
strike.
 
The ILO has communicated with the Government to criticize
aspects of the Filipino labor situation, including the
requirement of approval by 30 percent of the work force before
union recognition is granted; restrictions on the right to
establish federations; compulsory arbitration in certain
instances; a 1982 law banning strikes in industries that
affect the national interest (including export-oriented ones
in export processing zones); advance approval of strikes by
two-thirds of union members; decrees threatening imprisonment
of picketers propagandizing against the Government; and denial
of the right to organize unions for teachers, public health
personnel, and other public servants. The Government has
replied in some detail to ILO criticisms; its reply appeared
in the report of the Committee on the Application of
Conventions and Recommendations. The ILO has noted that a
review of labor legislation is under way and that a draft bill
is before the National Assembly incorporating some of the
provisions referred to by ILO supervisory bodies.
 
c. Freedom of Religion
 
There is no established state religion in the Philippines, and
the right to practice one's religion is fully respected. Over
80 percent of the population is Roman Catholic. There are
several Protestant and independent Christian groups, and a
sizeable Muslim minority. In the Sulu Archipelago in the
southwest portion of the country and in parts of Mindanao,
Muslims comprise the majority. The Government is assisting
efforts to preserve the Filipino Muslim identity and cultural
heritage. It has established an institute to train Filipino,
Muslim religious and legal leaders for positions in the Sharia
court system, which is based on Muslim personal law. The
Government also provides assistance to Islamic schools and
centers and facilitates the travel of Muslim pilgrims to
Mecca. Foreign clergymen and missionaries of various faiths
normally perform their duties without difficulty.
 
Major political parties and groupings in the Philippines have
members and leaders from different religions. Government
service is open to all on a nondiscriminatory basis, and
several senior civil and military officials belong to minority
religious groups.
 
Throughout 1985, the hierarchy of the Philippine Catholic
Church, including Jaime Cardinal Sin, the Roman Catholic
Archbishop of Manila, continued to criticize the Government on
various issues, human rights being prominent among them.
Pastoral letters critical of the administration were read from
pulpits in Catholic churches throughout the Philippines. Many
Catholic priests and nuns are actively involved in calling
public attention to cases of human rights abuses. Such
criticism has at times evoked a negative reaction from
high-level authorities, including the President, who claim
that the Church has intruded in politics and violates the
constitutional doctrine of separation of church and state.
 
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
 
There is freedom to change one's place of residence and
employment. Emigration is generally permitted, but former
detainees on "temporary release" status need government
permission to leave the country, as do persons subject to
pending criminal (including national security related)
charges. Thousands of Filipinos travel to the United States
and elsewhere as temporary visitors each year. Many Filipinos
are employed as overseas workers, particularly in the Middle
East. Foreign travel for this purpose is encouraged by the
Government .
 
A 1980 Presidential Decree provides that persons convicted of
subversion, rebellion, or sedition shall forfeit their rights
as citizens, whether such acts are committed inside or outside
the country. The decree also provides that judgments may be
rendered in absentia. No instance of enforcement of this
decree is known.
 
At the end of October, there were 2,962 Indochinese in a first
asylum camp in the Philippines. In addition to providing
first asylum to "boat people," the Government, in cooperation
with the United Nations High Commissioner for Refugees,
operates a major refugee processing center in Bataan Province
where refugees and displaced persons from camps in the
Philippines and other Southeast Asian countries receive
English language instruction, cultural orientation, and
vocational training before being resettled elsewhere. There
v;ere 15,023 refugees and displaced persons in the processing
center as of the end of October .
 
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
 
President Ferdinand Marcos, Chief Executive since 1S65, wields
preeminent power under the country's 1973 Constitution, which
provides for a strong president in a presidential-
parliamentary system. The President is elected by direct
popular vote. President Marcos is currently serving a 6-year
term to which he was elected in 1981. In view of
questions raised during the year about the Government's
mandate. President Marcos, with the concurrence of the
opposition, called in November for a presidential election in
early 1986, slightly more than 1 year earlier than had been
scheduled.
 
In December, active campaigning began by both President
Marcos, the candidate of the ruling KBL Party, and the
opposition candidate, Corazon Aquino, widow of the murdered
Benigno Aquino. Mrs. Acjuino's candidacy was encouraged by
broad popular support as indicated, for example, by a petition
urging her to run reportedly signed by more than 1.2 million
Filipinos. Her "unity ticket" with Vice Presidential
candidate Salvador Laurel was created under the banner of his
United Nationalist Democratic Organization. Marcos chose as
his running mate National Assembly member and former Foreign
Minister Arturo Tolentino.
 
The President possesses extraordinary powers to issue decrees
which have the force of law unless overturned by the National
Assembly. VJhile described in the Constitution as being
subject to exercise only in emergency situations or in
 
instances where the National Assembly is unable to act
promptly, these powers, in practice, frequently have been used
by the President to legislate widely, particularly in the
economic sphere. In combination with his constitutional
authority, the President uses his control of the ruling KBL
Party (New Society Movement) to dominate the political arena.
Within the ruling party, issues are often discussed in caucus,
and accommodation on key issues is sometimes reflected in the
President's final decisions.
 
As a result of the 1984 elections to the National Assembly,
members of various opposition parties and independents now
hold about one-third of the seats in that body, as contrasted
to the preceding 190-seat assembly, which had fewer than 10
active opposition members when its term ended in June 1984.
The ruling KBL party, by force of numbers, still wields
preeminent power in the legislature. This fact, together with
the President's independent law-making powers, have made it
impossible for opposition members to shape a legislative
agenda of their own. Nevertheless, the Assembly was a forum
for lively political debate and sharp criticism of the
Government throughout 1985 and provided a new degree of public
accountability and transparency to the system. Among the
issues aired prominently in the Assembly was alleged improper
foreign investments ("hidden wealth") of Philippine leaders,
including President and Mrs. Marcos.
 
Section 4 Governmental Attitude Regarding International and
 
Nongovernmental Investigation of Alleged Violations
of Human Rights
 
The Philippines is a signatory of all principal U.N. human
rights and refugee conventions and is currently a member of
the U.N. Human Rights Commission. Representatives of various
international human rights groups visited the Philippines in
1985 and traveled throughout the country, meeting both
Philippine government officials and private citizens involved
in human rights matters.
 
In its communication with the Government noted in Section
2.b., the ILO also expressed concern about trials of labor
leaders, the disappearance of three others, the seizure in
August and September 1982 of union property, and restrictions
on travel of labor leader Bonifacio Tupaz. (However, Mr.
Tupaz traveled to New Delhi, Moscow, and Los Angeles in
1985.) The Government informed the ILO in January that the
trials noted by the ILO had been postponed. The unionists
involved are under a technical "house arrest" but have resumed
normal activities.
 
Several Catholic and Protestant church groups are active in
the human rights field. Task Force Detainees (TFD) of the
Philippines was established in 1974 by the Association of
Major Religious Superiors of the Catholic Church.
Headquartered in Manila and with regional field offices, it
investigates allegations only of government human rights
abuses and publishes reports on its findings. A politically
active organization, reportedly with ties to leftist elements,
it is an outspoken critic of the Marcos Government and its
human rights practices. TFD operates with relative freedom
although a few of its members have been arrested on charges of
subversion and rebellion.
 
The Integrated Bar of the Philippines, a national organization
to which all practicing lawyers must belong, has an active
human rights committee which has investigated specific alleged
abuses and issues reports. The Free Legal Assistance Group
(FLAG), and the Movement of Attorneys for Brotherhood,
Integrity and Nationalism, Inc. (MABINI) also assist detainees
in preparing defenses against charges brought against them.
 
The Ministry of National Defense has a special committee for
investigating reported human rights violations involving
military personnel. The committee's influence has been
limited, but its investigations have on occasion led to legal
proceedings against servicemen for abusive behavior. The
Ministry reported that it cooperates on huinan rights cases
with civilian groups, including the Catholic Bishops'
Conference of the Philippines and the National Council of
Churches of the Philippines, as well as international
organizations such as the International Committee of the Red
Cross and Amnesty International.
 
In its 1985 Report, Amnesty International expressed concern
about continuing reports of human rights violations by members
of the armed forces and paramilitary units under their command
and alleges that the Government rarely initiated impartial
investigations into such alleged violations. Freedom House
rates the Philippines "partly free."
 
ECONOMIC, SOCIAL, AND CULTURAL SITUATION
 
The Philippines, with a population of 56.8 million (mid-1985
estimate) and a population growth rate of 2.4 percent, is
predominantly an agricultural country ranking in the lower
middle range of developing countries.
 
The economy was seriously affected by the recent worldwide
recession, and by domestic mismanagement, including
government-created monopolies. This led to a financial crisis
in the last quarter of 1983, precipitated by substantial
capital flight and reduced credit availability following the
Aquino assassination. In 1984, per capita gross national
product (GNP) was estimated at $603, a decline of 7 percent,
and it is expected to decline again in 1985 by an estimated 5
to 7 percent. The poorest 60 percent of the population
received 25 percent of total income in 1971 but only 21.4
percent 10 years later. The upper 10 percent moved
from 37.1 percent of national income in 1972 to 42 percent in
1981. In May 1985, unemployment was about 14.7 percent
nationally and 23.5 percent in Metro Manila. Real wages have
fallen by 27 percent in the last 4 years, and an already
difficult economic situation for workers is worsening. With
much of the population under the age of 15 and a high
population growth rate, the Philippines can expect a continued
growth of job entrants in coming years.
 
In recent years the Government has emphasized rural
development with programs aimed at increasing production of
foodgrains, meat, poultry, and fish. The thrust of these
programs has been dulled by excessive intervention in pricing
and marketing, resulting in reduced incentives for
agricultural producers. The Philippines has for several years
been marginally self-sufficient in rice, the staple food, but
some rice was imported in 1984 because of drought in 1983.
Land reform in rice and corn holdings has contributed to
security of tenure or lowered rents for some of the rural
 
population, but significant land tenure problems still exist
in several areas of the country. At present, agriculture
provides employment for slightly over half the work force, and
generates about one-quarter of the GNP. The Government has
formulated a plan to promote export-oriented industries and
agribusiness to spur economic growth, increase foreign
exchange earnings, and provide employment. Traditionally, the
Philippines has depended heavily on coconut products and other
commodity exports that are subject to international price
fluctuations. The Government has also facilitated overseas
employment for Filipinos, with the largest number concentrated
in the Middle East .
 
In 1985, life expectancy at birth was 65.4 years and infant
mortality was 52.5 per 1,000 live births. It was estimated
that about 50 percent of the population had access to safe
drinking water, with 35 percent of residents in highly
urbanized areas drawing their daily water needs from unsafe
sources. In 1980, 41 percent of Filipinos in rural areas
lived below a government-defined absolute poverty level, with
32 percent below that level in urban areas. It was estimated
in 1980 that the ratio of calorie supply relative to
nutritional requirements reached 118.1 percent for all
Filipinos. However, there were frequent reports in 1985 of
serious malnutrition in areas of the country heavily dependent
on the depressed sugar-export sector.
 
Free education in the primary grades is available to all
Filipinos. However recent government data indicate that of
the children who begin primary school, only about 70 percent
complete it. The adult literacy rate approaches 90 percent.
 
Children under 15 may not legally be employed except when
working directly under the sole responsibility of parents or
guardians. However, with parental assent and under the rules
laid down by the Ministry of Labor and Employment (MOLE) ,
apprentice programs are allowed for children 14 years and
over. The Labor Code also places responsibility on the
Minister of Labor for conditions of employment of all persons
aged 15 to 18 but prohibits employment in hazardous
occupations of those younger than 18. There are credible
reports of many violations of these provisions of the Labor
Code.
 
The 8-hour day, 48-hour week and a rest day after each 6
working days are mandated by law. With exceptions, women are
prohibited from working between 10 p.m. and 6 a.m. The Labor
Ministry plays a key role in the setting of legislated minimum
daily wages rates. The minimum daily rate for nonagricultural
workers in Metro Manila was $57.08 per day as of November 1,
1984. Outside of Metro Manila the rate was $56.00. In the
agricultural sector, and for nonplantation workers, it is
$35.67. (The peso in December was valued at 18.6 to $1.00.)
The Ministry of Labor conducts inspections to ensure
compliance with minimum wage standards and working conditions
but admits that it faces a difficult task. It cites a study
claiming that of the Manila "sweatshops" it surveyed half paid
substandard wages. The Ministry concludes that the 8-hour day
requirement is more apt to be respected but notes that firms
in the Bataan export processing zone usually report
considerable overtime. There are reports of compulsory
overtime. All workplace laws apply equally to export zones.
Inspections between January-October 1984 of 923 establishments
 
revealed 1,980 violations of wage rules involving cost of
living allowances, ISth-month payments, overtime, and related
matters .
 
Philippine occupational health safety standards were codified
in 1978. The Labor Ministry has stated that the number of
inspections it can perform is still far too low. Of the 5,361
establishments inspected in January-October 1984, 707 (or 13.2
percent) had violations. Violations are most common in small
nonunion shops according to a recent survey. The Ministry is
trying to upgrade and increase its inspection corps as well as
to disseminate more information through academic and other
training programs and in the tripartite forums.
 
Women enjoy full voting privileges and have the right to own
and inherit property. They are prominent in Philippine
society and represented in large numbers in business and in
professions such as law, medicine, education, and journalism.
They are also active in politics, being well represented in
both national and local governments and within the political
opposition. There are 2 women members of the Cabinet and 10
in the current National Assembly, and numerous posts within
the judicial and executive branches of the Government are held
by women. As mentioned earlier, Corazon Aquino, widow of the
murdered Benigno Aquino, is running against President Marcos
in the scheduled February 7 presidential election. Imelda
Marcos, wife of the President, holds the office of Minister of
Human Settlements and exercises considerable influence. Women
also occupy posts in local government as governors and mayors.