Human rights defenders and youth groups held a protest action coinciding with the filing of a motion to dismiss for labor activists Ed Cubelo and Rodrigo Esparago, along with 26 other individuals, who are facing rehashed anti-terrorism charges in Malolos Regional Trial Court (RTC) Branch 12.
On July 10, the groups also held a protest at the Malolos court which coincided with the filing of Cubelo and Esparago’s reply to the charges against them. However, legal counsels from the Public Interest Law Center (PILC) and the National Union of People’s Lawyers (NUPL) found out about the resurfaced case against the two labor activists only a few weeks before the said filing.
“Did you get deja vu after reading that? Understandable,” said Lorevie Caalaman of Karapatan National Capital Region.
According to Caalaman, the previous case against Cubelo and Esparago seemed to have “magically disappeared” as the terror law charges have resurfaced under a new case docket.
“Esparago was named in this rehashed, copy-pasted case, and he was again not given notice or a chance to reply and clear his name,” Caalaman added.
The case stemmed from an alleged encounter between the New People’s Army (NPA) and the Armed Forces of the Philippines (AFP) in Laur, Nueva Ecija, on October 8 of last year. However, Cubelo and Esparago have never been to Laur.
The two labor activists have long been targets of state repression due to their advocacy work in championing labor rights. Cubelo became the president of Toyota Motors Philippines Corporation Workers Association (TMPCWA) in 1998 and the chairperson for Kilusang Mayo Uno National Capital Region (KMU NCR). Meanwhile, Esparago has been implicated in three trumped-up charges against activists since 2019. Esparago was among those arrested along with journalist and five labor activists in the Human Rights Day 7 in 2020.
Esparago and journalist Lady Ann Salem were released three months after the case was swiftly dismissed. However, the Office of the Solicitor General continuously appealed the decision, with the case remaining pending before the Supreme Court.
“Amid the events we see in the news, it is appalling to see how well-connected people can escape the long arms of the law, flaunt government rules and the justice system, or evade a thousand-strong police siege, only possible through money and government ties. Meanwhile, that was not possible for Esparago in 2020, Cubelo, or for all the other political prisoners in this country who were easily overwhelmed and arrested by government forces. Ordinary people fighting for other ordinary peoples’ rights continue to be harassed and threatened with arrest, while the powerful and influential make a mockery of our laws,” said Karapatan NCR in a statement.
Karapatan NCR also noted that the terror law case is the latest among many that the military and the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) have filed against activists as part of a fishing expedition to weaponize laws to further harass, arrest, and vilify.
“This is their new modus operandi for filing trumped-up charges using the ATA. We hope that by now, the Supreme Court can see the clear dangers of the ATA to review and strike it down as unconstitutional, lest the number of victims will pile up,” the rights group added.
Karapatan NCR further called on the Malolos RTC Branch 12 to uphold its mandate to discern truth from fabrication by dismissing yet another baseless case filed under the ATA.
“We urge the immediate dismissal of this trumped-up ATA case, as well as all other ATA cases unjustly brought against activists,” Caalaman said.
The groups also reiterated their call for the abolition of the NTF-ELCAC, condemning it as a government tool for red-tagging and widespread human rights violations.
Manila Today correspondent, threatened and harassed
During the protest, Manila Today news editor Roy Barbosa, the author of this report, was confronted and harassed while on coverage, by an unidentified individual who was seen recording a video of the rally.
The individual did not provide any identification, claiming to be a “private citizen” and a “vlogger” who is “not based in the area.”
Furthermore, the individual threatened Barbosa with legal action should the video not be taken down.
Atty. Josa Deinla from the NUPL mediated the confrontation. The individual pushed for the report to be removed, a stance Barbosa criticized, asserting that it was self-censorship and that he was merely performing his duty as a journalist.
The individual repeatedly yelled at, spat on, and shamed Barbosa while following him and his colleagues as they left the confrontation. The individual immediately called on his phone, claiming it was the chief of police, and continued to follow Barbosa.
Meanwhile, Barbosa safely reached the vehicle. However, his colleagues, along with the paralegal and rights defenders onboard the jeepney, were intercepted by a police mobile and five police personnel, including the “vlogger.”
The journalists, paralegals, and other rights defenders were barred for almost half an hour while the “vlogger” pushed to file a blotter case. The paralegals addressed due process and maintained that the journalist was simply performing his duty to report, especially concerning this new terror law case against activists in the Malolos RTC, dubbed as the terror court.
It was not the first time that Barbosa faced intimidation and harassment, particularly in reporting the cases of Cubelo and Esparago.
On July 11, Barbosa received a message from an unknown user via Facebook, stating not to support the cause of the Communist Party of the Philippines – New People’s Army (CPP-NPA) or the recent victims of terror law cases. The message also implied threats, suggesting that there might be impending cases against others, including Barbosa.
Since Esparago’s arrest as part of the HRD7 in December 2020, Barbosa has been involved in quick response coverage, particularly covering human rights beat.
After Esparago and Salem’s release in 2021, Barbosa also received similar intimidating messages.
“Rodrigo Esparago and Ed Cubelo are staunch labor rights organizers and defenders. As a media practitioner, it is within my responsibility to report on the cases targeted against activists who forward their own causes. For certain state forces and individuals to extend this rampant red-tagging, harassment, and intimidation, especially towards alternative media journalists like me while I am on coverage, further implicates a threat to safety and security, both online and offline,” said Barbosa.
