Philippines Government reply to Urgent communication

With reference to your letter of 18 July 2002 concerning alleged cases of arbitrary detention of four minors, the Philippine Mission wishes to submit the following information:

Case of Manuel Flores (13) and Felix Cusipag (12) – For the record, manuel Flores is 13 years of age and not 10 as reported. He and felix Cosipag were arrested on 31 May 2002 for violation of section 2 of P.D. 1619 (Possession and use of volatile substance). By virtue of the confirmation of detention signed by Atty. Oliver S. Garcia, they were received at Angeles District Jail as detention Prisoners.

On 14 June 2002, during arraignment, both accused pleaded guilty to a lower offense ofvagrancy and were sentenced to an imprisonment of five (5) days in a Court Order issued by Judge Ofelia Tuazon Pinto. In the said Order, the District Jail Warden was also directed to release the minors to the custody of their parents. Consequently, the personnel of the Angeles District Jail tried to locate the parents of the minors at their given address but failed to find them.

On 24 June 2002, felix Cusipag was released to the custody of his mother, Mary Jaen Cosipag while Manuel Flores was turned over to the Bahay bata Center (Children’s Home) in Kuayan, Angeles City for the reason that his parents could not be located despite attempts to find them.

Case of Hadji Camarodin (17) – The said minor was detained at the Angeles District ail on 15 March 2002 by virtue of an inquest resolution signed by Atty. Lucila Dyaon of the Office of the City Prosecutor, Angeles City for vilation of P.D. 1619 (Possession and use of volatile substance). Subsequently, an Information with Criminal Case. No. 08-80 was filed at the Regional Trial Court Branch 60, Angeles City (Family Court).

The accused was sentenced to an indetermined imprisonment of six (6) months and one (1) day as minimum to four (4) months and one (1) day as maximum in a Court Order dated 3 Paril 2002 signed by Judge Ofelia Tuazon Pinto. By virtue of his being a minor, the execution of his sentence was suspended. On the same Order, said minor was ordered placed under the Central Luzon Drug Rehabilitation Center in Magalang, Pampanga. The consent of the minor’s relatives was needed as part of the requirements for admission in the faild to show up until 5 july 2002 hen they finally appeared and accompanie the minor to the drug rehabilitation center.

case ogf Maichael Guevarra – For the record, Michael Guevarra is 18 years of age on the basis of court records and, therefore is no longer a minor. While he claims to be a minor, it is up to the court to decide on the veracity of his claim. It may be noted that none of his relatives wanted to cooperate in determining the veracity of his claim despite the best efforts of para-legal officers of the jail.

Micahel Guevarra wasdetained at Angeles District Jail on 21 April 2002 by cirtue of a confirmation of detention issued by Atty. Oliver Garcia in his Inquest Investigation dated 21 April 2002. An Information for the crime of Trespass to Dwelling with Criminal Case No. 02-504 was filed before the Municipal Trial Court branch 2, Angeles City.

General Comments – The mission regrets that the source of information distorted facts to blow up the cases. The allegation that the above persons were detained at the Angeles District jail without charge because there were no arrests warrants issued concerning their detention is not correct. They were arrested in the act of committing the crime (in flagrante delicto) and thus no warrants were needed. They were received at Angeles District jail by virtue of the result of the Inquest/Preliminary Investigation conducted by the Office of the City Prosecutor where their cases were initially filed after their arrest confirming their detention. Proper Informations were filed in Court where were tried and sentenced.

Delays in the transfer of the three minors, either to the custody of the parents, home for children or drug rehabilitation center, were to a large extent due to uncooperative or unconcerned parents despite best efforts of jail authorities.

Admittedly, the minors were confined in a building containing adult offenders. This was due to lack of space as a result of a burgeoning jail population. Nevertheless, the minors were kept in a separate cell and every effort was made to prevent access to adult offenders. While hail conditions are not at the optimum, the situation is not as bad as depicted by the source of information. The minors were allowed recreational activities and at least five hours sunning time in open space. They also engage in religious activities. Moreover, social workers from the Department of Social Welfare and Development visited the minors in jail and conducted studies.

For the information of the Working Group, the City of Angeles has a Council for the Administration of Justice to which the Angeles District Jail is a member. In addition to other concerned government agencies, the Integrated bar of the Philippines and some non-governmental organizations also sit in the Council. The Council conducts regular meetings to resolve issues and concerns including the plight of minor inmates.

Very truly yours,

DENIS YAP LEPATAN
Charge d’Affaires a.i.

Mr. Louis Joiner
Chairman/Rapporteur
Working Group on Arbitrary Detention
Office of the High Commissioner for Human Rights
Palais des nations CH-1211 Geneva 10