Press Release
December 5, 2007

Manila Pen 'excesses' stir memories of martial law -- Loren

A worsening culture of impunity or creeping martial law?

Senator Loren Legarda warned yesterday that the government's excessive actions during and after the Manila Peninsula siege are stirring bitter memories of the dark martial law years.

"There's a chilling effect when the police imposes an illegal curfew, arrests media men without warrants and strong-arms ABS-CBN into turning over its raw TV footage of the Manila Pen standoff," said Loren.

The senator pointed out that the curfew put every Filipino under virtual house arrest and that it mattered little if it was imposed only for five hours.

"They have set a precedent which, if it goes unchallenged before the Supreme Court, will always be there to be used again and again to suit whatever needs they have," said Loren.

"That curfew, which legal experts say had no basis under our constitution and laws, is like the sword of Damocles hanging over our heads or a gun that may be unholstered anytime," she stressed.

Loren said the arrest of the journalists who covered the siege should also be contested since it made a mockery of the presumption of innocence, and could be seen as an attempt to cow media.

Because of the Manila Pen "overkill" and the excesses, Loren said many Filipinos see a "worsening culture of impunity being displayed by the powers that be."

"So many coups had been attempted during the time of President Cory Aquino, but it is only now that the journalists themselves were arrested on the pretext of 'processing' them," said Loren.

She said the police also debased the "arrested" journalists by tying their hands with plastic cords and herding them like common criminals into buses.

As a former broadcast journalist, Loren said she would understand if ABS-CBN chooses to fight out in court a subpoena issued by the Philippine National Police (PNP), asking the network to turn over the raw footages.

"The network correctly pointed out that the raw footages can be likened to reporters' notes, whose confidentiality have to be guarded at all cost, she said.

"They hew closely to the protected right of journalists not to disclose details given to them in confidence," she added.

Nonetheless, Loren welcomed the PNP's decision to have the courts resolve the issue should the network refuses to turn over copies of its video coverage.

She said the courts are in the best position to untangle the legal issues.

"If there's a lesson to be learned from the Manila Pen incident, it is that the government should be allowed to do its mandate but that the people and the media should be vigilant against abuses, especially when they are carried out under the pretext of enforcing the law," Loren said.

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