PRESS RELEASE
Information Bureau
Communist Party of the Philippines

Comments by the CPP Information Bureau on the Philippine Daily Inquirer
special report titled "Rebel gov't dispenses swift justice",
by Delfin T. Mallari Jr. (February 1, 2003)
February 21, 2003

While this article by Delfin Mallari confirms the fact that the revolutionary people's government effectively exists side by side with and in many cases even supplants the reactionary government, it also wrongly depicts the people's government and its system of revolutionary justice as indiscriminate, unscientific and totalitarian.

The article, especially the first two-thirds, are replete with innuendos and vulgar stereotyping than actual facts. We would like to believe that the gross inaccuracies were not maliciously intended by the author and were due only to misunderstanding and lack of verified information. We hope that with these comments [enclosed within brackets], the author will make his own efforts in order to straighten out the major distortions of facts in his article which tended to unfairly blacken the image of the people's democratic government. These comments, together with relevant excerpts on the Guidelines for the People's Court from the Guide for the Establishment of People's Democratic Government and from the Guide for Organizing and Reports, are also being published in the Philippine Revolution Web Central (www.philippinerevolution.org) for the enlightenment of the reading public.

Rebel gov't dispenses swift justice

LUCENA CITY -- A shadow government composed of members of the Communist Party of the Philippines openly exists alongside the governing barangay (neighborhood) in a remote village in the Bondoc Peninsula.

[In the article, the people's democratic government, which Mallari calls "a shadow government" is impliedly an adjunct of the CPP. A further implication is that CPP dictates upon the people by means of the so-called people's government and therefore such a government is not really of the people nor is it democratic.

It needs to be clarified that the people's democratic government should be accurately presented as such -- as a people governing themselves democratically down to the level of the grassroots -- in stark contrast to the fascist, feudal and bourgeois dictatorship of the elitist and reactionary government that currently prevails at the national level and most parts of the country.

Definitely the people's democratic government is not a Party government as the article implies. The CPP is wary of monopolizing it and only leads it by laying down the correct political line; pursuing progressive, scientific and pro-people economic, political and social policies; cultivating the mass line and democracy; and showing good example.

In fact, at the local governmental level the CPP intentionally limits itself to representation by only one third of the composition of the Barrio Revolutionary Committee, by which the people's democratic government at the barrio level is called. Another third is composed of representatives of poor peasants and farm workers, workers and other toiling masses. A further third are representatives of middle forces in the community. As the Party is deeply integrated among the oppressed masses, its representatives are also the most advanced elements coming from the ranks of poor peasants and farm workers, workers and other toiling masses.]

As in most villages under the control of the CPP and its armed wing the New People's Army, the Ganap na Samahang Masa (GSM) commands not only respect but also fear.

It wields far stronger political and judicial authority than the elected barangay officials because it rules on the life or death of any resident who runs afoul of existing laws, whether of the legitimate government or of the rebel movement.

[The article unfairly paints the GSM or, for that matter, the people's democratic government as a despotic organization that rules through fear and coercion.

The article fails to accurately and fairly characterize the people's democratic government -- which is one that is integrated with, sensitive to and endeared as well as respected by the people. The article also fails to present the revolutionary mass organizations, such as the GSM, as voluntary organizations whose members are always free to come and go. The carrying out of tasks are based on voluntary revolutionary commitment and dedication and never imposed against one's will. The same applies, too, to the Party as well as the NPA.

The article fails to point out that, aside from establishing a revolutionary justice system, the people's democratic government carries out programs that are responsive to and address the basic and immediate needs of the people, especially the most oppressed and exploited. Such programs include: agrarian reform; mass campaigns to promote economic cooperation, increase production and advance the people's livelihood; mass education and cultural enrichment; people's health care delivery and other social welfare and development programs.

The cadre and organs of the people's democratic government as well as of the Party, people's army, mass organizations and the people they lead engage in regular criticism and self-criticism to air complaints, point out errors, learn lessons and make rectifications and improve their work and relationships. In contrast to the aloofness to the masses, arrogance, callousness and untouchability of officials of the reactionary state, in the people's democratic government criticisms from the people are encouraged and provided with all possible venues. If found valid, criticisms are attended to, publicized and rectified. Officials, no matter how high their rank or office, can be criticized by the people, and may be also recalled or punished if found guilty of serious anomalies or crimes.

Contradictions among the people are handled as such, i.e. in a comradely and non-antagonistic spirit and manner. These are distinguished from contradictions between the people and the enemy which are antagonistic.

Fidelity to revolutionary principles, pro-people stand, militancy in struggle, keen human sensitivity, high level of sincerity and transparency, down-to-earth practicality as well as the concrete benefits that the people realize from the revolutionary people's government are the reasons why it continues to win the high level of respect, full support and endearment of the people in areas where it exist. The revolutionary masses are very much happy and at ease with their own government.

The Party and the people's democratic government encourage and lead the masses in their struggle with reactionaries in ways that correspond to the gravity of the latter's oppression and exploitation of the masses. The reactionaries are encouraged to rectify and reduce the degree of their oppression and exploitation of the masses. Instead of antagonizing them, the policy is to win them over to the side of the revolution and transform them as much as possible into positive forces.

At any rate, reactionaries, who do not actively cooperate with the AFP and PNP against the revolutionary movement and are not guilty of serious criminal and counter-revolutionary acts, are allowed to peacefully co-exist with the rest of the people. They have nothing to fear from the Party, the NPA and the people's democratic government. The diehard reactionaries who are incorrigible in committing grave abuses and acts of oppression against the people are actually the only ones who have basis to fear the people's government, more so if they are are actively cooperating with the AFP and PNP against the revolutionary movement and are guilty of serious criminal and counter-revolutionary acts.]

"The GSM is the true governing body in areas controlled by the CPP-NPA," said a resident who agreed to speak with the Inquirer on condition of anonymity.

Anyone in the village who breaks the law or simply commits wrongdoing will have to face the group through the "hukuman bayan" or people's court.

[This is a gross exaggeration and distortion that in effect portrays the CPP-NPA, the revolutionary mass organizations and the people's democratic government as a merciless god of vengeance, a stern Big Brother, a terror organization, a intolerant and unbending tyranny that is ever ready with the whip for even the slightest wrongdoing.

To the credit of the revolutionary system of justice, it does not hibernate, move at a snail's pace or become swamped under rotten bureacratic deadwood and peddled influence as is always the complaint against the present reactionary system. Injustice is not allowed to thrive and pester in revolutionary areas. Whether big or small, disputes are settled with principled decisiveness and dispatch, although at the same time with deliberate judicial care and prudence, with an utmost sense of responsibility and with high regard to political, cultural and social considerations.

But, it is not true that "Anyone in the village who breaks the law or simply commits wrongdoing will have to face the group through the 'hukuman bayan' or people's court." It should be pointed out that only a few most serious cases are actually brought before the people's court.

Minor or major civil and criminal cases may be filed in the people's court by anyone among the people in the community.

However, litigants in minor cases are encouraged to take up and find resolution to these cases by way of democratic arbitration in various out-of-court venues. Thus, most of the conflicts which are essentially civil relations cases and other minor disputes resulting from contradictions among the people are simply taken up and easily resolved amicably and with dispatch. Most small crimes, such as petty theft, minor breaches of agreements, and minor cases of violence are easily resolved through such avenues.

Such out-of-court venues include informal and comradely consultations and formal meetings of the Party branch, mass organization or any of the various committees of the people's democratic government, such as the committee for organizing, committee for mass education, committee for the promotion of livelihood, etc. If it is necessary to consult the community, the populace or a necessary number of them are assembled in community-wide mass meetings as the situation permits.

A people's court is convened to try cases which are beyond the realm of arbitration and have to undergo formal court trial, including grave crimes or when out-of-court arbitration fails and the case has to be settled in court.

It is also inaccurate to say that "the GSM is the true governing body in areas controlled by the CPP-NPA". Local revolutionary mass organizations -- from the incipient people's organizing committees to the Ganap na Samahang Masa or universally-elected full-fledged people's organization -- are actually seeds of the people's democratic government. But they are not yet the formal governmental structures.

The formal governmental structure of the people's democratic government at the barrio level is not the GSM but the universally-elected Barrio Revolutionary Committee (BRC). If for security or other material reasons, universal elections cannot be held as of yet, an ad hoc governmental structure called the Barrio Organizing Committee is appointed by the people's democratic government at the higher level.]

"It's not the village captain or members of the Sangguniang Pambarangay but the GSM members who will investigate the case, try it and then decide on it," said the source, who is not a CPP/NPA member.

But strictly speaking, the people's court is hardly that.

Only members of the GSM may serve as jurors in any case brought to it. Residents who are not party members cannot take part in the proceedings, except when their testimony is deemed relevant and they are summoned as witnesses.

[This is all contrary to what is actually going on. As much as practicable and to the maximum leeway that security conditions may permit, the people in the community are actively sought to be consulted and are in fact very much involved in all proceedings of the court.

Generally people's courts are open to all the people in the community -- Party members or not-except to one or a handful of diehard counterrevolutionaries, enemy agents or unreliable elements known to be actively in league with the AFP/PNP. There are circumstances when in precarious security situations, the venue of the trials have to be held in secluded areas, but even then the board of judges, affected parties and representatives of various sections of the community are present.

Very much unlike the reactionary courts where verdicts including the meting out of death penalty and other court decisions are made singly, the revolutionary justice system relies heavily on collective judgement (for simple cases, three judges; for big and complicated cases, especially cases involving capital crimes, at least nine judges are necessary).

The people's court practically incorporates the jury system into the board of judges, which is composed of representatives of the Party, NPA and the people. At the level of the barrio, representatives of the Party are chosen in a meeting of the barrio Party branch; representatives of the NPA are chosen in a meeting of the local people's army unit; and representatives of the people are chosen in a meeting of the leading committee of the people's demcoratic government. Members of the prosecution are appointed by the people's democratic government unless litigants in non-criminal cases prefer to appoint private prosecution attorneys of their choice. Respondents are given the first option to appoint defense attorneys, who may be from anywhere as long as they are not security risks, including anyone from the Party, revolutionary mass organizations, ordinary people or even from among those licensed as such by the reactionary government. They also have the right to defend themselves directly and act as their own "attorneys" if such is their preference.

Unlike in reactionary courts where no one is allowed to talk or give any opinion in court except the judge, the prosecution and defense attorneys who are officially recognized by the court, in the people's court anyone attending the hearings and trials or, for that matter, anyone who may wish to volunteer one's testimony or even just one's opinion -- even through correspondence -- are allowed and encouraged to do so. In court cases between the people and enemies of the people, it is a must to have the voices of the people directly heard in the people's court.

It is true, however, that where the people's democractic government exist or where the level of solid mass organizing has reached the GSM level, these organs instead of the Sangguniang Baranggay have become the decisive government in the locality. However, in cases where the Baranggay Captain and the Sanggunian members are active in or supportive of the revolutionary movement, the decisions and activities of the Sangguniang Baranggay reflect the guiding policies and decisions made by the revolutionary organs of political power.]

Each case is decided through a simple majority vote.

[Decision through a simple majority vote is true only for non-capital sanctions. Even then, in all cases, where a 2/3 vote is not obtained, there is an automatic appeal to the next higher people's court. A 2/3 vote is definitely required before the promulgation of any capital punishment.

Furthermore, all capital sanctions are automatically appealed to the next higher people's court. The bigger decision base, higher percentage requirement and review by the higher people's court are necessary to ensure that the accused is given more than equal chances and the judgement is well deliberated upon, especially when the death penalty is involved.]

But Capt. Ramon Rosario, deputy chief of the 2nd Civil Relation Group based in Camp Nakar here, described the people's court as "the biggest joke in the judicial concept of due process."

"The 'kangaroo court' of the communist terrorists acts as prosecutor, judge and executioner rolled into one," Rosario said, adding:

"How can an accused secure an impartial trial from this people's court when what is always on trial is the communist system? The members of that court would have to leave a mark on the consciousness of the people that its system really works for the aggrieved and the oppressed."

[The military official quoted is either totally in the dark about the revolutionary justice system or is lying through his teeth. He has apparently been steeped in brainwashing material in military school, AFP manuals and their own psywar propaganda about the "kangaroo court", which is their derogatory term for the people's court. What the military official has automatically mouthed is typical of the reactionary distorted views about the revolutionary justice system. There is nothing further than the truth. This commentary refutes all of what he is saying.

If perhaps this military officer may someday find himself as a respondent or even a witness in the proceedings of the people's court, he would find out how totally false the description he is parroting.]

From petty to grave

The judicial process at the people's court starts with the filing of a complaint by the aggrieved party with any member of the GSM.

The complaint may involve a petty misdeed (such as theft or carabao rustling) or a grave crime (such as murder, rape, or betrayal of the revolutionary movement).

[It must be noted that among peasants who rely on the carabao for their livelihood, carabao rustling is considered as grave crime.]

If investigators find valid ground for the complaint, the accused will be summoned to appear before the people's court.

It is futile to ignore the summons. If the village council has its barangay police, the GSM has its "militiang bayan" (neighborhood militia) to arrest the accused and bring him/her before the convened GSM members.

"It would be more troublesome for any suspect to hide and evade arrest by the militiang bayan," said the source. "If one chooses to do so, the regular members of the NPA will do the arrest. And it would be hard to escape because they will surely get you."

[The total support of the people in the revolutionary areas is the reason those ordered by the people's court to be arrested cannot usually evade arrest.

At any rate -- just to correct the inaccuracy in the article -- it is not the GSM that orders arrests. The people's government does, but very selectively. Unlike the reactionary government which makes indiscriminate arrests even for petty crimes, many times victimizing scapegoats and innocent people, it is the policy and practice of the revolutionary movement not to make arrests except in very rare cases where heinous capital crimes need to be investigated and solved and where the suspects are deemed extremely dangerous and have the tendency to evade justice. Definitely, arrests are not ordered for minor crimes. Even for most major crimes, suspects under investigation or trial can remain at liberty and at the most are placed under barrio confinement, in which case their security is placed under the supervision of the people.

And in case someone has to be arrested, it is the policy and practice of the revolutionary movement to avoid abuse and render the most humane treatment to the person and respect his or her civil and human rights.]

Upon the reading of the complaint to the accused, the GSM will assign a party member to serve as "abogadillo", a lawyer of sorts, to assist the accused in understanding the supposed crime.

But unlike in a regular court, the abogadillo is not called upon to get the accused off the hook.

[Definitely, the role of the attorney or abogadillo (the article terms as "abogadillo" attorneys who are not licensed as such by the reactionary government) in the people's court is radically different from that of attorneys in the courts of the reactionary government.

In the reactionary courts, the role of defense attorneys is to get the accused off the hook by all means possible, including legal trickeries, the sheer withholding of relevant information, bribery, use of connections and other schemes to circumvent justice even if they are certain their clients are actually guilty.

In the people's courts of the revolutionary government, the defense attorney shares with the judges and the prosecution the responsibility of determining the whole objective truth about the case at hand, conducting a fair trial and satisfying the quest for justice and, in this context, safeguard the rights and interests of the accused to the best of his or her ability.

In this regard, the particular tasks of defense attorneys in the people's court are: a) to cooperate fully with the people's court in seeking the objective truth and achieving a fair judgement of the case; b) to help the accused make the best possible defense without frustrating justice by deliberately deceiving the court, hiding the truth, twisting the interpretation of policies and laws or other means to obstruct justice; c) to help in achieving the most principled and best possible arrangements for the accused and all concerned in the interest of justice and fairness in case of out-of-court settlements; d) to seek the best possible terms and considerations and the most humane and lenient sanctions for the accused given the level of responsibility of the accused and the interests of the affected parties in case guilt is fully established; e) to ensure due process, respect for the rules of evidence and protection of civil and human rights and all other rights of the accused in accordance with the principles, policies and laws of the people's democratic government whatever the outcome of the trial.

The revolutionary justice system is also learning from the experiences of the bourgeois justice system and further advancing the proceedures in regard to the rules of court, rules on the examination and weighing of evidence and testimonies, and other judicial procedures, while at the same time distinguishing the grain from the chaff and discarding the pro-ruling class bias, influence of reactionary political patronage, corrupt practices and unscientific methods prevalent in the reactionary judicial system.

However, the principal difference between the revolutionary and reactionary systems of justice is in terms of the basic content and bias of the legal system. The entire legal system of the reactionary government pretends to be for and above all classes, but in actuality are prejudicial to the ordinary people especially the toiling masses and are biased in favor of the ruling classes (foreign monopoly capitalists, local comprador capitalists, big bureaucrat capitalists and big landlords). Laws of the people's democratic government, on the other hand, are affirmative in terms of advancing and protecting the basic democratic interests of the people, most especially the oppressed and exploited masses.

For instance, the people's democratic government has affirmative laws for genuine land reform which are biased in favor of the most oppressed landless peasants, even as they uphold the interests of the middle peasants and give appropriate consideration to rich peasants and small and middle landowners, especially those who have not harmed or oppressed the people.

As such, the people's courts are vital instruments of the system of people's democracy which the revolutionary movement is assiduously building. The people's courts are democratic institutions which defend and uphold the rights of the people against the oppressive and exploitative classes.]

The merits of the case are decided solely on the basis of the testimony of the complainant and the witnesses and the rebuttal of the accused.

[The revolutionary justice system is made to appear too simplistic in the article by saying that cases are decided simply on the basis of testimonies of the complainant and witnesses. In actuality, evidences and testimonies are properly weighed and thoroughly deliberated upon in the revolutionary justice system and court proceedings. A lot of study, research and investigations, including interviews with knowledgeable people and competent authorities, are done within and outside of court hearings.

At anytime new evidence is found that may adversely affect the previous findings and court decision on any case, a retrial of the case may be opened.]

The pace of the trial is fast, but the people's court can only recommend a decision to the next GSM level -- the district unit composed of party members in at least three or four municipalities.

[The trials of the people's court are not done hastily or hurriedly. But they are indeed carried out expeditiously, especially in contrast to the reactionary courts which are often bogged down by bureaucratism and corruption.

It is a well-known saying that "justice grinds exceedingly slow," referring to nothing else but the reactionary courts. Trials and decisions in the reactionary courts can be "expedited", however, through behest political and economic interference, monetary and personal considerations and the like. Most often judges in the reactionary courts decide not on the merits of the case but rather on the dictate of a wealthy patron, high government or military official and the amount of money and influenced pushed by the accused, complainant or any other vested interest. Initially uncooperative judges are coerced, blackmailed or pressured through kindred forms of suasion.

The poor and the oppressed are usually the perennial victims of injustice in such a reactionary justice system that serves mainly the reactionary ruling classes and their interests. In contrast, the revolutionary justice system is unfettered by monetary, political, personal and other influences. In the people's courts, truth, justice and the interest of the masses are the ones that truly prevail.]

This setup is designed to prevent a biased decision at the village level because of the kinship factor, the source said.

The district GSM will review the case and, if warranted, sustain the decision of the village level. Depending on the gravity of the crime, the case could even reach the CPP national office before a decision is sustained for enforcement.

[In case a clear decision is reached by at least a 2/3 vote of the judges, the local people's court's verdict is final and immediately implementable. Neither the people's democratic government nor the GSM at the barrio level needs to review the decision of the barrio-level people's court. However, all judgements that carry the maximum penalty as well as those that do not have at least a 2/3 vote are subject to automatic review by the next higher people's court.

All verdicts of guilty are always appealable to the next higher level of the people's court. It is true that appeals can in some serious cases reach as high as the national level. Important cases, especially those which carry capital sanctions and are of very high political significance may require long deliberations and deep study before judgement is made.

For example, the judgement of Romulo Kintanar's cases of crimes against the people and revolutionary movement took 10 years before resolution. This passage of time was also used to give the accused the maximum opportunity to show remorse and make amends for the criminal charges filed against him.]

And if the trial is fast, enforcement of the sentence is faster.

In a rape case, if the victim's age is lower than 12 the trial is only ceremonial and the punishment of death by shooting is swiftly enforced.

[This is definitely not so. No trial is ceremonial, not for child rapists, nor for bigger and even more heinous crimes. All cases brought before the people's court go through a thorough process of serious trial and careful deliberation, most especially those which involve the death penalty. Furthermore, as mentioned above, all sentences involving the death penalty are automatically appealed to and reviewed by the next higher court before they are ever 'swiftly enforced'."

Quite the opposite of what the reactionaries are wont to depict in their dirty propaganda and psywar, the Party, NPA, revolutionary government and people's court keep executions outside of the battlefield to the minimum. "The less killings, the better" is the clear and underlined policy of the Party, NPA, people's government and revolutionary movement. As much as practicable, the people's government gives room for repentance, rectification, reparation and reconciliation.

Of course, the annihilation of enemy forces within the context of armed battles with AFP, PNP and paramilitary combatant forces is altogether another thing. In war, the annihilation of enemy forces is an objective necessity. The conduct of such is governed by another set of rules which the revolutionary armed forces also strictly observe.]

"Sometimes the family of the rapist can retrieve the body, sometimes not," the source said.

[If the family of the executed convict is not around to immediately receive and take care of burying the body, the people's government assumes the responsibility. It is the policy and practice of the revolutionary government and movement to make arrangements so that the family or community of one who is given the death penalty may be able to retrieve the body and give it a decent burial. But of course the facility of all this depends on the security situation, enemy movement and attitude of the family.]

In some cases, the decision of the people's court is "destierro," (banishment) wherein the convict and family are ordered to leave and stay away for a certain period. Or it can be destierro in reverse, wherein the convict is strictly confined to the place.

[It is a good thing that the article took note of the fact that there are various forms of sanctions.

Indeed, it is very seldom that the death penalty is meted out by the people's court -- and, as already mentioned earlier, only after an extensive process of trial, deliberation, appeal and review. Capital punishment is reserved only for the most heinous of crimes such as grave counter-revolutionary crimes, rape and murder commited with premeditation and without mitigation by elements who are incorrigible and refuse to rectify, make restitutions or show remorse.

Wide flexibility is exercised in the case of major crimes where the wrongdoers have no criminal history, show genuine remorse and are willing and ready to rectify and make reparations. There is also sensitivity to and consideration for the particularities of local social norms, such as tribal customs where, for example, in the case of simple murder without counter-revolutionary motives, it would often suffice for the guilty to be placed under barrio arrest while recompensing the aggrieved family and tribe.

Sanctions for lesser crimes may just take the form of banishment, barrio arrest ("destierro" in reverse), reprimand or removal from position in case of Party/NPA/people's government officials, indemnification of the offended parties in terms of cash or the equivalent in labor, and others. For misdemeanors and minor crimes, simple criticism, public apology and education are sufficient.

The general orientation of the revolutionary justice system, and of the revolutionary movement for that matter, in regard to the handling of wrongdoers is "to cure the sickness to save the patient". The revolutionary movement aims to free the people from oppression and exploitation, and is thus determined to eradicate crimes, especially grave crimes. It punishes the most incorrigible and unremorseful criminals and counter-revolutionaries who have done much harm to the people and the revolution and continue to do so inspite of all the chances given for them to reform and rectify.

But it considers the errors of ordinary wrongdoers as curable. The revolutionary movement considers that most ordinary wrongdoers are actually victims rather than perpetrators of the ills of present rotten social system. Thus, the revolutionary movement and its justice system tries its best to enlighten and reform wrongdoers, help them learn lessons, and give all them all the chance to rectify and remould into even better versions of themselves and effectively be one with the people in fighting the evils and injustices of the present system and building a new democratic system that is liberated, progressive and just.]

___________________________________

The complete text of Mallari's article can be found at http://www.inq7.net/nat/2003/feb/01/nat_7-1.htm.

Reference:
Anne Buenaventura
Media Officer
Cellphone Number: +63910-240-3553



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