ASEAN Regional Coalition to #StopDigitalDictatorship
6.3 Access to Effective
Remedy: Granted by the
Constitution, but Hindered
by an Inaccessible Legal
System
Article III, Section 14 of the Philippine Constitution
embodies the principles of due process of law and
presumption of innocence in criminal proceedings.
Section 11 further mandates the free access of all
persons to the courts, quasi-judicial bodies and
adequate legal assistance. The Public Attorney’s
Office (PAO) was established under the Department
of Justice to provide free legal representation to
persons who either have no income or are below
certain income thresholds in civil, criminal and
administrative cases. There are also legal groups
that provide free legal assistance to indigents, such
as the Integrated Bar of the Philippines and the Free
Legal Assistance Group. Law schools also have pro
bono legal service centres with similar functions.
Nevertheless, it is generally known that the Philippine
legal system is difficult to navigate, expensive,
and resource-consuming, and the justice system
continuously fails to guarantee due process rights.
previous set of commissioners on May 5, 2022, the
institution was left in a vacuum.100 In September
2022, President Marcos Jr. appointed the first two
of five commissioners.101
In the current 19th Congress, three bills addressing
the issue of HRDs were filed at the House of
Representatives.102 During the previous Congress,
a similar bill authored by Rep. Edcel C. Lagman was
adopted by the Lower House but was never enacted,
given the Senate’s failure to adopt its corresponding
bill.103 The Duterte administration criticised this initiative
as unnecessary, unconstitutional, and serving only
the interest of terrorist organisations such as the
Communist Party of the Philippines, the New People’s
Army and the National Democratic Front.104 The
absence of an effective mechanism exacerbates the
situation, allowing for the continuation of “red-tagging”
practices without proper accountability. Recently, the
UN expert’s call for authorities to denounce these
practices and the suggestion to abolish the counterterrorism task force (NTF-ELCAC) indicate a need
for comprehensive non-judicial mechanisms.105 Such
mechanisms would not only protect individuals from
unjust accusations but also foster a more inclusive
and transparent process for addressing human rights
concerns, thereby contributing to a more just and
accountable society. Such mechanisms would not
only protect individuals from unjust accusations
Non-Judicial Grievance Mechanisms
but also foster a more inclusive and transparent
Non-judicial grievance mechanisms are further
thereby contributing to a more just and accountable
available to citizens. The Philippines is a member
society. The persistence of threats, surveillance, and
of the UN and, like most other member states, it
even unlawful killings emphasises the urgency of
undergoes a Universal Periodic Review every four
establishing or strengthening non-judicial grievance
to five years, which puts its human rights laws and
mechanisms to safeguard the rights of individuals and
policy under the microscope to be reviewed by
create a more conducive environment for freedom
other states.
of expression and activism.106
process for addressing human rights concerns,
The Philippines has an A-accredited National
Commission on Human Rights as one of the three
independent offices set up to investigate all forms of
human rights violations involving civil and political
rights in the country. Following the expiry of the
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Dawn of Digital Dictatorship: Weaponizing the Law Against Online Speech in Southeast Asia
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