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Statement of CHR Spokesperson, Atty Jacqueline Ann de Guia, on the request of the Calbayog intel chief seeking the names of lawyers representing alleged communists

The Commission on Human Rights (CHR) is alarmed by the request of Philippine National Police (PNP) Calabayog, Samar intelligence chief, Police Lieutenant Fernando Calabria Jr, requesting for a list of lawyers representing ‘Communist Terrorist Group (CTG) personalities in court.’ This kind of action is unbecoming of a police officer; transcends all legal and statutory basis; and threatens the legal profession by failing to appreciate the role of lawyers in upholding the people’s Constitutional rights.

The right to an independent counsel of an accused, preferably of their own choice, is guaranteed by the Constitution, our laws, and the Rules of Court. By targeting lawyers, the concerned police officer equally threatens the rule of law.

It is also significantly concerning that such incident occurs when killings of lawyers remain at an all-time high and red-tagging remains to be a pervasive problem. The immediate relief of Police Lieutenant Calabria, Jr. by Philippine National Police officer-in-charge, Lietenant General Guillermo Eleazar to make way for an impartial probe in this matter is a welcome move.

We also welcome the comment of Justice Secretary Menardo Guevarra opposing and calling out the PNP for ‘any such activity if the same is in violation of existing laws or established policies, or unnecessarily endangers the security of certain classes of persons, most especially lawyers.’

We urge the PNP to come up with clearer guidelines for its law enforcers on information gathering to assure the public of the reasonable exercise of police power. In this way, the public can expect greater accountability from law enforcers by showing that PNP will remain committed in their motto ‘to serve and protect’ the Filipino people, especially our rights to life and liberty.

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