PNP not backing down on counter-intel vs Reds

MANILA, Philippines — The Philippine National Police (PNP) is not backing down from conducting intelligence operations of perceived front organizations of the Communist Party of the Philippines (CPP) despite being at the receiving end of criticisms.

The PNP has been under fire for its profiling of some members of militant groups, such as the Alliance of Concerned Teachers (ACT).

PNP spokesman Chief Supt. Benigno Durana Jr. said it is their duty to protect the country from groups with alleged links to communist rebels.

“We will be remiss in our job if we are not carrying out our role of conducting regular intelligence and counter-intelligence operations against elements of organization that are allied to the enemies of the state,” Durana told ANC.

Instead of criticizing the PNP, Durana said the ACT and other progressive groups should be thanking them for their efforts to weed out communist rebels using their groups to overthrow the government.

“Those genuine progressives should actually be thankful to the state that is taking care of them,” he said.

Durana reminded the ACT that it was CPP founder Jose Maria Sison who mentioned that their group is among the rebels’ legal front organizations.

Durana was referring to a video of a younger-looking Sison stating that the ACT is among the legal democratic forces in the country.

“That’s common sense in any government. It has the right to protect itself against those out to destabilize and undermine its very existence,” he said.

Opposition lawmaker Albay Rep. Edcel Lagman said the Duterte administration is also profiling other groups and non-government organizations.

“The scheme violates the following basic rights and fundamental freedoms, among others: association, expression, dissent, pursuit of legitimate advocacies, and the right to privacy,” Lagman said in questioning the policy of the Securities and Exchange Commission (SEC). 

Lagman was referring to the November 2018 SEC Memorandum Circular 15 seeking “detailed mandatory disclosures” of some groups and organizations on their failure to comply with the requirements.

Among the new requirements are for NGOs to submit their (a) sources of financing; (b) utilization of funds; and (c) generally, the activities they undertake which is “under the pretext of money laundering and terrorist financing abuse.” 

“It’s a crackdown on defense of human rights in which NGOs and foundations are actively engaged in the wake of the unmitigated war against illegal drugs and the government’s continuing harassment and repressive policies against human rights defenders,” Lagman said.  

The SEC warned that it can “enlist the aid and support and/or deputize any and all enforcement agencies of the government, civil or military as well as any private institution, corporation, firm association or person” in conducting the investigations. 

Condo tenants included

Residents of GSIS Metrohomes Phase I in Manila also questioned the PNP policy of requiring them to submit a list of tenants and unit owners of a condominium building.

An advisory from building officials said the PNP has requested for a complete list of tenants and unit owners which will be submitted to the city government of Manila.

The residents were also asked to submit a copy of a government or school ID, or their birth certificates.

The data was supposedly requested by the PNP “in order to identify local residents of the area in case of any untoward incidence.”

Privacy commissioner Raymund Liboro said residents may decline to comply with the request, noting possible violations of the data privacy law such as lack of the data processing consent statement that the data subjects must sign.

“Any form of collection should satisfy the requirements for data processing. If you are processing personal data, it’s very clear what are covered by lawful processing of personal information. Did the data subject give his or her consent? Is the processing of personal data necessary?” Liboro remarked.

“The data subject needs to give his or her consent specific to the data processing. The process is provided for by existing laws and regulations,” he added.

Liboro said the data privacy law recognizes the role of law enforcement in ensuring public order and security.

“But you just have to be sure and specific about the purpose. Secondly, make sure that the rights of the data subjects are upheld,” he added.

Durana, however, said there is nothing wrong with the request of police for a list of tenants and unit owners of condominium buildings.

He said there is nothing unusual with the activity that is part of efforts to promote public safety.

Durana said he has no information if the directive came from PNP national headquarters in Camp Crame. He surmised though that it came from the local police.

“It’s part of their police community relations project designed to promote peace and order,” he said.

Providing a list of occupants for a particular condominium building can be used for proper accounting of residents during emergency situations and calamities, Durana pointed out.

Durana said the list is “an information that can be used to ensure peace and order and safety.”  – With Delon Porcalla, Janvic Mateo