Community journalist Frenchie Mae Cumpio, Mariel Domequil from the Rural Missionaries of the Philippines, People Surge Network Spokesperson Marissa Cabaljao, Mira Legion from Bagong Alyansang Makabayan-Eastern Visayas, and Karapatan National Council member Alexander Philip Abinguna were arrested on 7 February 2020 in simultaneous raids in Tacloban City.  

Legion and Cabaljao are facing bailable charges of illegal possession of firearms and are now out on bail. Cumpio, Domequil and Abinguna are facing non-bailable charges of illegal possession of firearms and explosives and are detained at a jail facility of Palo town police station. 

Domequil and Cumpio were arraigned (informed of the charges against them) on 18 February 2020. Cabaljao, Legion and Abinguna were arraigned on 2 June 2020. On 23 June 2020, the Tacloban City regional trial court denied the activists’ motion to quash what they described as a “defective” search warrant used during the raid, as well as to quash the information filed against them, reject evidence seized during the raid, and return seized items that were not included in the search warrant. The hearings continue. 

Since President Rodrigo Duterte assumed office in 2016, human rights defenders and political activists have been increasingly subjected to repeated harassment, threats and attacks, including killings. Many of these defenders and activists belong to organizations that the government or unknown individuals have “red-tagged” or accused of being fronts for communist groups without credible evidence, an accusation that they have repeatedly denied. 

Amid the worsening human rights record of the country, the UN Human Rights Council released its report on the Philippines on 4 June 2020, stating that “human rights defenders have been subject to verbal and physical attacks, threats and legal harassment for nearly 20 years.” It also noted the phenomenon of “red-tagging” that has “posed a serious threat to civil society and freedom of expression.”
 

According to the group Save San Roque Alliance, on 1 April 2020, residents of San Roque village in Quezon City gathered along a portion of EDSA – a major highway in Metro Manila – upon receiving news that relief items were to be distributed there. When the distribution didn’t happen, the residents stayed in the area to stage a protest to demand relief from the Quezon City government. 

Members of the police supposedly asked the residents to leave the area and then, according to reports from civil society organizations and the police, resorted to force to disperse the protest and arrested those who refused to leave. The Save San Roque Alliance maintains that the police violently dispersed the protesters and hit people with wooden sticks. Amnesty International spoke to one leader of the group who said that victims included a man and his child, who were in the area to collect financial aid from his company whose office was also along EDSA. 

A total of 21 protesters were detained at the headquarters of the Quezon City police. According to a group leader, relatives were prevented from talking or delivering food to them following several hours of detention. Five days later, on 6 April 2020, the 21 individuals were released after posting bail amounting to PhP 367,500 (USD 7,254) that was raised through donations. They face charges of “unlawful assembly”, “resistance to authority”, “spreading false information”, “non-cooperation in a health emergency” and “impeding road access”.

International human rights law allows for limitations on the right to peaceful assembly for the protection of public health, but restrictions need to be necessary and proportionate. In that sense, police must apply non-violent means before resorting to the use of force, which may be used only if other means have proven to be, or are likely to be, ineffective. Moreover, the absolute prohibition of torture and other ill-treatment is non-derogable, even at times of emergency. 

Therefore, individuals should not be imprisoned solely for breaching restrictions imposed in the context of the COVID-19 pandemic. The implementation of fines can also have particularly adverse effects on specific groups, even if provisions are presented in neutral terms. In considering the application of fines for violating the conditions of the restrictions imposed, authorities must take into account the circumstances of groups at risk who may be disproportionately affected and consider alternatives to alleviate the disproportionate impact of fines.

The residents said they launched the protest after they did not receive any form of relief from the government. The local government of Quezon City has disputed this, and said that while relief distributions were ongoing, it will review the list of recipients to ensure no one is left out. In responding to COVID-19, the government has promised P200-billion cash aid for the poor, many of whom have lost their means of income under the lockdown. The cash aid includes provision of a monthly allowance of USD 100-158 to those in need, but the distribution has been riddled with delays and other alleged anomalies. On 19 June 2020, the government said nearly 300 local officials were being investigated for these anomalies and may face charges.
 

According to the group Save San Roque Alliance, on 1 April 2020, residents of San Roque village in Quezon City gathered along a portion of EDSA – a major highway in Metro Manila – upon receiving news that relief items were to be distributed there. When the distribution didn’t happen, the residents stayed in the area to stage a protest to demand relief from the Quezon City government. 

Members of the police supposedly asked the residents to leave the area and then, according to reports from civil society organizations and the police, resorted to force to disperse the protest and arrested those who refused to leave. The Save San Roque Alliance maintains that the police violently dispersed the protesters and hit people with wooden sticks. Amnesty International spoke to one leader of the group who said that victims included a man and his child, who were in the area to collect financial aid from his company whose office was also along EDSA. 

A total of 21 protesters were detained at the headquarters of the Quezon City police. According to a group leader, relatives were prevented from talking or delivering food to them following several hours of detention. Five days later, on 6 April 2020, the 21 individuals were released after posting bail amounting to PhP 367,500 (USD 7,254) that was raised through donations. They face charges of “unlawful assembly”, “resistance to authority”, “spreading false information”, “non-cooperation in a health emergency” and “impeding road access”.

International human rights law allows for limitations on the right to peaceful assembly for the protection of public health, but restrictions need to be necessary and proportionate. In that sense, police must apply non-violent means before resorting to the use of force, which may be used only if other means have proven to be, or are likely to be, ineffective. Moreover, the absolute prohibition of torture and other ill-treatment is non-derogable, even at times of emergency. 

Given the elevated risks of transmission of COVID-19 in certain prisons and other places of detention, enforcement of prison sentences is likely to further compound the public health problems caused by the pandemic and would fail to meet the test of necessity and proportionality. Therefore, individuals should not be imprisoned solely for breaching restrictions imposed in the context of the COVID-19 pandemic. The implementation of fines can also have particularly adverse effects on specific groups, even if provisions are presented in neutral terms. In considering the application of fines for violating the conditions of the restrictions imposed, authorities must take into account the circumstances of groups at risk who may be disproportionately affected and consider alternatives to alleviate the disproportionate impact of fines.

The residents said they launched the protest after they did not receive any form of relief from the government. The local government of Quezon City has disputed this, and said that while relief distributions were ongoing, it will review the list of recipients to ensure no one is left out. In responding to COVID-19, the government has promised P200-billion cash aid for the poor, many of whom have lost their means of income under the lockdown. The cash aid includes provision of a monthly allowance of USD 100-158 to those in need. On 6 April 2020, the government said it will need more funds in order to fulfil its cash aid pledged to respond to the COVID-19 crisis.