Human Trafficking in Philippines

Human trafficking and the prostitution of children is a significant issue in the Philippines, often controlled by organized crime syndicates.

In an effort to deal with the problem, the Philippines passed R.A. 9208, the Anti-Trafficking in Persons Act of 2003, a penal law against human trafficking, sex tourism, sex slavery and child prostitution. Enforcement is reported to be inconsistent.

Statistics:
A 1997 report put the number of child victims of prostitution at 75,000 in the Philippines., with other estimates saying as many as 100,000.

According to the United Nations Children's Fund (Unicef)an estimated 60,000 to 100,000 children in the Philippines are involved in prostitution rings. There is a high incidence of child prostitution in tourist areas. An undetermined number of children are forced into exploitative labor operations.

The Philippines is the fourth country with the most number of prostituted children, and authorities have identified an increase in pedophiles travelling to the Philippines. There are estimated to be 375,000 women and girls in the sex trade in the Philippines, mostly between the ages of 15 and 20, though some are as young as 11.

The International Federation of Red Cross and Red Crescent Societys state that there are more than 1.5 million street children all over the Philippines and many end up in prostitution and drug trafficking in places such as Manila and Angeles.

Trafficking in different areas:
A special report from the Vatican states: The Philippines has a serious trafficking problem of women and children illegally recruited into the tourist industry for sexual exploitation. Destinations within the country are Metro Manila, Angels City, Olongapo City, towns in Bulacan, Batangas, Cebu City, Davao and Cagayan de Oro City and other sex tourist resorts such as Puerto Galero, which is notorious, Pagsanjan, Laguna, San Fernando Pampanga, and many beach resorts throughout the country. The promise of recruiters offers women and children attractive jobs in the country or abroad, and instead they are coerced and forced and controlled into the sex industry for tourists.

Puerto Galera:
There are numerous cases of pedophilia that have been reported in Puerto Galera, a beach resort on Mindoro Island three hours south of Manila. The area is a favorite for foreign pedophiles seeking children. Puerto Galera has been described as one of the Philippines top five spots for child prostitution.

Subic Bay:
In 1988 a Naval Investigative undercover operation based in Subic Bay were offered children for sex as young as 4, 6, 12 and 13 years of age. Many of those involved in the prostitution of children have been brought to justice in the courts. Most of the 16,000 women estimated to have worked the bars around the largest overseas naval base were forced into the sex industry.One 16 year old child tells of her experience in Subic Bay: She was locked in a room for a month, starved and force-fed drugs and alcohol to ensure she was addicted and could be more easily controlled. She was often beaten unconscious for refusing to have sex with customers. Pregnancy, abortion, the spread of disease and drug abuse were just some of the indignities imposed on Filipinas. Despite the US pull-out from Subic Bay in 1992, continues to fester, catering to a new generation of civilian sex tourists.The former naval base, and current visits by American military have been the subject of protests by welfare groups and activists in Subic. Brandishing placards and chanting slogans, members of WAIL and Gabriela called for justice for all victims of human rights abuses.

Angeles:
Go-go bars, massage parlors and prostitution were prominent in the "entertainment district" of Ermita, Manila. In 1991 a volcanic eruption of Mount Pinatubo forced an evacuation and destroyed much of the Clark Air Base, a major United States military facility located 40 miles (60 km) northwest of Manila, which closed shortly thereafter. Most the of sex trade around the base closed at the same time due to the loss of the GI customers. Mayor Alfredo Lim proceeded to crack down on Manila's remaining sex industry, causing many of these businesses to relocate to Angeles City, which borders on the closed base, and was becoming a popular tourist destination especially with former GI's. By the late 1990s, UNICEF estimated that there are 60,000 child prostitutes in the Philippines, describing Angeles City brothels as "notorious" for offering sex with children. UNICEF estimates many of the 200 brothels in the notorious Angeles City offer children for sex.

The current trade is dominated by Australian bar operators, and sustained by tourists seeking inexpensive sex, often with children. In bars catering mostly to foreign men, girls are sold for a "bar fine". Conditions are sometimes brutal. Children and teenagers are lured into the industry from poor areas by promises of money and care, and are kept there by threats, debt bondage and the fear of poverty. Angeles City is one of the largest sex tourist destinations in the world with just over 15 thousand women working in its various sex establishments (brothels, bars and videokees). UNICEF reports evidence of growing child pornography production in Angeles City. Children as young as ten years old have been rescued from brothels in Angeles.

Angeles Mayor Francis Nepomuceno has acknowledged the problem. “We admit having HIV cases and that prostitution may be flourishing". STD cases rose five times. The RHWC treated 1,421 cases in 2005, 2,516 cases in 2006 and 6,229 cases in 2007. Most of the afflicted were women.

Manila:
Visayan Forum Foundation has established that most of the children and young women trafficked to Manila from rural areas in search of work are assured jobs as domestic workers, but in a significant number of cases end up in the sex trade.

Olongapo:
Trafficking of Women and Children in Olongapo was rampant during the time of the Subic Naval Base located close by. In 1988, the US Naval Investigative Service confirmed the existence of child prostitution in Olongapo City. After the base closure a new pedophile clientel from countries such as Australia and Europe moved in. In Olongapo City, there are believed to be 15,000 prostitutes, almost 8% of the total population.[40]Olongapo special prosecutor Dorentino Z. Floresta states, "Politicians do not want people to know that these things are happening in Olongapo," said Floresta.

Pagsanjan:
CNN states that "A decade ago, Pagsanjan, located about 60 miles south of Manila, became known as a popular location for men seeking homosexual prostitutes." Pagsanjan began to attract an increasing number of pedophiles. "In the '80s, Pagsanjan was declared by international gay publications as a paradise for them, a gay paradise, a haven for homosexuals", said Dr. Sonia Zaide, an activist who is particularly concerned by the expansion of the town's sex trade to include minors, mostly young boys. Time magazine reported in 1993 that Pagsanjan was a favorite destination for sex tourists seeking children. The Filipino government began a crackdown on the child sex industry in Pagsanjan and 23 people of varying nationalities were arrested. Foreign pedophiles take advantage of the poverty, with children often being used as sexual currency by their own parents. Since then the town of Pagsanjan through civic action has dramatically reduced child prostitution.

Pasay:
Childhope Asia Philippines, Inc. has a Community Mobilization against Child Prostitution project to prevent child prostitution in Pasay.[48]Children as young as 14 and 15 year olds are child prostitutes in Pasay clubs.

Makati:
In 2003, Makati Mayor Jejomar C. Binay ordered a crackdown against prostitution following reports that some prostitutes are linked to criminal syndicates. 33 women were rescued from a sex trafficking operation in Makati City by a team of National Bureau of Investigation (NBI) agents. The Chief of the Southern Police District deployed policemen in schools in Makati City following the abductions of children by those involved in the sex trade industry. P/Supt. Manuel Cabigon, SPD director, said the increased police presence in the vicinity of schools would deter members of a flesh trade syndicate from further pursuing their illegal activities.

Davao:
October 5 has become the Day of No Prostitution Campaign in Davao City. The Philippine Information Agency reports documented cases of children as young as 10 years old forced into prostitution in Davao. Davao provinces, along with the Caraga region, have become the favorites of child traffickers posing as tourists. Davao is one of the top five areas for child prostitution and sex tourism. The Tambayan Center for Abused Street Girls reports more than 1,000 teenage girls have turned to prostitution in Davao City, charging as little as 50 cents.

Cebu:
It is estimated there are 10,000 young girls trafficked into sex slavery in Cebu. "What has become very obvious is a growing market for child prostitutes," says Father Heinz, a Catholic priest who has been involved for more than a decade in initiatives to beat the pimps and child-traffickers.

Pampanga:
More than a dozen of cybersex operations have been busted in the Pampanga province and Angeles City areas, this resulted in the rescue of hundreds of exploited women, most of them minors or below 18-years of age. Human trafficking or trafficking in person is some sort of slavery. Hundreds of computers sets have been seized, including sex toys and other gadgets used in the cybersex operations mostly maintained by foreigners. A forum hosted by the Prosecution Law Enforcement and Community Coordinating Service (proleccs) discussed several factors that contribute to the human trafficking problem and these include poverty, the proliferation of underground cybersex through internet and sex tourism.

Lucena City:
Police have rescued at least 14 women, three of them minors, from the den of a suspected human trafficker.

Trafficking Of Filipinas To Overseas Destinations:
There are 150,000 Filipina women that are trafficked into prostitution in Japan as reported in the July 2, 1998 issue of the Daily Star. Some of them were sold allegedly sold to the Yakuza for $2,400.00 to $ 18,000.00. A news item that appeared in the May 31, 1995 of the Manila Chronicle reports that 150 Filipinas were sold into prostitution for $5,000.00 each by international syndicates to night club operators in some African countries particularly Nigeria. [59] A trafficker earns $3,000-$5,000 for each woman or girl sold in the international sex trade. 150,000 Filipina women have been trafficked into prostitution in Japan.

Sex tourism:
An article in the newspaper Davao Today reports that, according to experts, the growth of tourism in the Philippines in places such as Cebu and Boracay, has given rise to the sexual exploitation of women and children. In a 2004 article, the People's Recovery, Empowerment Development Assistance Foundation (PREDA) reported in 2004 that ECPAT, which it describes as "a global network that campaigns against child prostitution", estimates that 300,000 sex tourists from Japan alone visit the Philippines every year. In the same article, PREDA reports, "many others are British."

Foreign pedophiles:
The Philippines continued to assist U.S. law enforcement authorities in the transfer to U.S. custody of Americans who sexually exploited children.Foreign pedophiles are a major problem in a country like the Philippines. Some foreign pedophiles are very well connected and have positions in industry and politics. Profile studies of these pedophiles show they come mostly from Europe and are usually well off, married and with children of their own. Some foreign pedophiles arrange with bribes and corrupt practices to get the children out of the country and abuse them in another country.[64]The problem of foreign pedophiles continues to be reported in the press. Foreign pedophiles have operated openly in the Philippines. Government officials have been accused of turning a blind eye to the sex tourism trade because it helps promote tourism in the country.

The Bureau of Immigration (BI) has warned of a new modus operandi of foreign pedophiles in the Philippines, “The child molesters usually meet the mothers, sometimes even the grandmothers, of possible victims online and make them their girlfriends. The women usually let the economically better-off foreigners into their lives and their homes, not knowing that the men would later pounce on their young children.” BI Commissioner Marcelino Libanan told the Philippine Daily Inquirer.

Efforts to control:
Ani Saguisag, a lawyer with the child protection group, ECPAT, identifies lax enforcement of RA 76/10 as a major reason why so few offenders end up behind bars.

Department of Justice records show that from June 2003 until January 2005 there were 65 complaints received for alleged trafficking in persons violations in the entire nation.

Microsoft has awarded over US$1 million through its Unlimited Potential grants to non-governmental organisations (NGOs) across six Asian countries, including the Philippines. The latest round of grants will deliver IT training courses specifically for people in human-trafficking hot spots across the region.

Unicef executive director Carol Bellamy stated, The Philippines is among the few countries that are making a dent in the fight against the trafficking of women and children. She also stated, "This is not going to be easy, Bellamy said. "We are dealing with criminals and they are not stupid. There are lots of money to be made and they will go to any length to continue harming and exploiting children in this awful way".

Protection by Politicians and Police:

Some local politicians, mayors and their business cronies continue to allow the operation of clubs and bars where children are used as sexual commodities along with young women. Many women will tell how they were recruited as young as 13 and 14. They issue permits and licences for all establishments and harass and threaten those trying to rescue the children, gather evidence and bring charges against them. The United States Embassy in the Philippines states that some officials condone a climate of impunity for those that exploited trafficked women and children Politicians in the Philippines work with local criminal gangs to do their dirty work and in return the gangs are given protection for their involvement in prostitution.

CATW-AP Executive Director, Jean Enriquez, expressed the groups concerns saying that many of the women victimized by politician-buyers are minors who are vulnerable and powerless. Also, most of them suffer various forms of physical violence, rape and degradation in the hands of customers and pimps resulting in low self-esteem and damaging their body and spirit. “These women, often referred to as criminals, are actually victims of the system of prostitution. The violence and abuses they suffer in the hands of customers and pimps cause deep wounds in their being. Sadly, this is made worse by politicians/government officials who buy and use them for (the purpose of) sexual exploitation. They are supposed to provide protection and support to women yet are the ones who inflict pain and suffering — they are the real criminals!” Enriquez said. The First National Conference of Victims-Survivors of Prostitution, held in Manila in October, charged the Philippines' government with committing human rights abuses. The women said that local governments, the Philippine National Police and the armed forces protect pimps and owners of businesses such as bars that promote prostitution, and that government officials themselves often use women in prostitution. In 2008, IMA Foundation executive director Susan Pineda stated that, probably the series of raids on alleged prostitution fronts is mainly aimed to force the establishments to pay P50 daily per entertainer as "protection money" by some persons closely connected with City Hall. Presidential Anti-crime Commission has evidence that the police in Manila are selling the children to foreign tourists and diplomats information independently confirmed by journalists.

Prevention:
In 2007, the government's Interagency Council Against Trafficking established its first anti-trafficking task force at Manila's international airport to share information on traffickers and assist victims. In 2006 the Philippine Overseas Employment Agency (POEA) issued new employment requirements for overseas Filipino household workers to protect them from widespread employer abuse and trafficking. In 1983, Sister Soledad set up STOP (Stop Trafficking in Filipinas), to carry information into rural Philippine communities, stimulate income-producing projects for rural women and pressure authorities who connive at trafficking. In February 1986 they were supported by President Corazon Aquino, who said at her first press conference, "I will do my best so that we will be able to provide jobs for our women...so they will not have to resort to this."

NGOs:
The Philippine government continues to rely heavily on NGOs and international organizations to provide services to victims. The Department of Social Welfare and Development operated 42 temporary shelters for victims throughout the country. Thirteen of these shelters were supported by a non-profit charity organization. Philippines law permits private prosecutors to prosecute cases under the direction and control of a public prosecutor. The government has used this provision effectively, allowing and supporting an NGO to file 23 casesin 2007.

The Philippine campaign against Child Trafficking—or PACT, is an anti-child trafficking campaign that was launched by ECPAT Philippines to raise awareness on the Child Trafficking phenomena in the country. The campaign also aims to encourage local mechanisms for the prevention and protection of children against Child Trafficking as well as other programs which are unified with the intensification of the human rights of children such as the holistic recovery and reintegration of child victims of trafficking.

However, foreign sex traffickers and pedophiles often harass Catholic and other groups by lodging multiple libel and other suits.

Action by foreign governments:
Numerous overseas countries have introduced legislation which enables them to prosecute their nationals for crimes against children overseas, only a few pedophiles who have committed offences in the Philippines are charged and convicted back in their own countries for the offences. The Australian Government set up the "Australian Federal Police's Transnational Sexual Exploitation Trafficking Team" which investigates pedophiles in places such as the Philippines. Some countries from which sex tourism originates, including Australia, Germany, the Netherlands, Sweden and the United States, have passed legislation which criminalizes sex tourism. In the United States, the Violent Crime Control and Law Enforcement Act of 1994 makes travel with intent to engage in any sexual act with a juvenile punishable by up to ten years' imprisonment.

On September 15, 2003, the US Department of Labor / Bureau of International Labor Affairs (ILAB) / International Child Labor Program signed a collaborative agreement with the Philippines government, and contributed US$5 million, on a Timebound Program. The Timebound Program covers sexual exploitation and trafficking of children for commercial sexual exploitation. The program was geared towards working in various parts of the Philippines.The United States government provided a grant of 179,000 dollars to help a Philippine non-governmental organization expand its halfway house operations to help victims of human trafficking, according to a statement by the US Embassy in Manila. The British Embassy in Manila organised a two-week course led by Scotland Yard detectives into techniques to investigate cases of child abuse. Subsequently, the Philippine National Bureau of Investigation set up an anti-child abuse division - the first squad dedicated to fighting child abuse in the country.

The United States has taken action under the 2003 PROTECT Act with a number of indictments.

7th Asian Regional Conference on Child Abuse and Neglect:

A 2-day “7th Asian Regional Conference on Child Abuse and Neglect,” of the International Society for the Prevention of Child Abuse and Neglect (ISPCAN), opens on September 24, 2007 at the Sofitel Philippine Plaza hotel in Pasay City, Philippines. It was organized by the Philippines’ Child Protection Unit-Network (CPU-Net), to be attended by 675 participants, including judges, lawyers, doctors, law enforcers and social workers, from 37 countries around Asia, Europe, North America and Africa. The theme “Ako Para sa Bata (I am for the Child),” includes issues such as child trafficking, children in armed conflict and natural disasters, child-friendly judicial reforms, and the involvement of media in promoting child protection.

Corruption:
Police in the Philippines have been known to guard brothels and even procure children for prostitution. NGOs have complained that the local political and legal establishments protect pedophiles, sometimes even including law enforcement. The United States Embassy in the Philippines states that some officials condone a climate of impunity for those that exploited trafficked women and children.

The victims:
Those involved in the kidnapping of children occasionally make video tapes of children being sexually abused. A 13 year old child Sharon tells how she was forced to service more than 1,500 clients before she escaped. My back ached and I bled, she said, I tried to run away but the guard at the door blocked my way and pushed me back into the room. I cried and cried all night.

The UN paper says there are also cases in which the children are "kidnapped, trafficked across borders or from rural to urban areas, and moved from place to place so that they effectively disappear". Children are at risk of hiv/aids from pedophiles.

The prevalence of gonorrhea and chlamydia was 18.6% and 29.1% respectively. Philippine law provides for compulsory HIV testing in some circumstances, and of course people may voluntarily be tested for AIDS. The Philippine government has provided a mechanism for anonymous HIV testing and guarantees anonymity and medical confidentiality in the conduct of such tests.

Men, Women and children involved in prostitution are vulnerable to rape, murder, AIDS and other sexually transmitted diseases. Some men said that it served them right to be infected by men. Wendy Chapkis, author of the book Live Sex Acts: Women Performing Erotic Labor in which she interviewed sex workers said at the 1998 National Women's Studies Association's annual conference at Oswego State University, "We as a culture believe that women who are sexual deserve what they get, are asking to be raped.".

Abortion is illegal in the Philippines. Unsafe abortions render women vulnerable not only to infections and other health complications, but even to death. Because these abortions are carried out in illegal abortion clinics there is no record of how many women and children, if any, die each year as a result.

According to ECPAT chair Ron O'Grady, the chances of full rehabilitation are slim for children who have been sexually abused repeatedly. He adds: "We know that those children who are kept in brothels die quite young. (They) die in many cases before they have had a chance to live. We know they die from AIDS, from drugs and from committing suicide." What sex tourism really means to the "real girls" is reflected in Poppy's words, captured by Ron O'Grady in his book, The Child and the Tourist: I found myself dancing at a club at the age of 11... I have had different kinds of customers, foreigners and Filipinos. I tried suicide but it didn't work so I turned to drugs. I want to die before my next birthday. In the exploitative system of prostitution, bar owners and pimps make the most profit while the women are exposed to abuse, physical, emotional and psychological trauma. The absence of punitive measures for the male customers enables them to abuse the women in prostitution. The problem is compounded by the fact that society, even the church, discriminates against women in prostitution.

Pimps bend the girls to their will, drug them. Degrading and humiliating the girls is at the discretion of their international clients. After two, three years the girls have lost their health and beauty. From then on, they are on offer at bargain price to local clients. The humiliation these girls have to go through often drives them into self-destruction. With no self-esteem their lives are on a dead-end journey. With drug addiction, unwanted pregnancies, venereal disease and Aids the girls go to rack and ruin.

CATW, the Coalition Against Trafficking in Women lists numerous issues and adversities faced by women and girls in prostitution:
Problems Related to Health include: lack of comprehensive health services, not just on sexual health; women’s lack of knowledge of health issues; fear of doctors or medical professionals; and or risky health practices; drug use and risk from drugged client expensive and compulsory check-ups for issuance of health certificates; compulsory HIV tests and the lack of pre-test and post-test counseling, as well as the violation of confidentiality (publicly announced results) or no results
given; lack of funds for hospitalization and health emergencies; forced intake of contraceptive pills and unsafe abortions.

Problems Related to the Law or the Legal System:
1 . Abusive, discriminatory conduct of raids, including arrests, maltreatment during raids or while in custody, extortion for release.
2 . Women held in debt bondage.
3 . Restriction of movement.
4 . Anti-vagrancy laws are unconstitutional, i.e. they violate equal protection and are classist and sexist in their enforcement.

Problems Related to Services:
1 . Lack of education, especially in the areas of literacy, rights awareness, and peer education.
2 . Women have the status of criminals.
3 . Inadequate support systems in the areas of counseling and legal assistance, as well as child care.
4 . The need for skills development, such as organizational and management skills, leadership, negotiation and documentation.

Problems Related to Violence Against Women:
1 . Trafficking in women by syndicates that practice active, deceptive recruitment.
2 . Economic abuse, i.e. no work, no food and poverty.
3 . A high rate of rape.
4 . Domestic violence.
5 . Violence caused by barangay (village) officials (fees, competition, harassment).
6 . Harmful physical, emotional, and psychological effects on the women.
7 . The “salvaging” or summary execution, especially of sick women.

Organized crime of child trafficking:
A special BBC investigation exposes the organized crime syndicates that control the child sex slavery trafficking in the Philippines. The investigation shows there could be 100,000 Philippine children involved in the local sex slavery trade. This crime gang has a system similar to that of the Sicilian Mafia, Yakuza and Triads. They often start as a trainee field recruiter, to running individual brothels, and then to overseeing an entire network - an underworld association.Local NGO`S refer to the organized crime syndicates as the sex mafia. From the Philippines, girls are delivered to prison-like brothels in the North America, Europe, Asia and the Middle East. The organizers of the trade are varied, as well: it's a strange alliance of the Japanese Yakuza, Chinese Triad, Russian and Italian Mafia, eastern European gangsters, Albanian kingpins, Latin American cartels, Nigerian warlords, Asian businessmen and American financiers and subcontractors

No Divorce in Philippines!

Divorce is a controversial topic, except that it’s often discussed with hushed voices. Many are just waiting for the right opportunity to end their respective marriages, and the reasons are diverse — physical abuse (against the spouse and/or the children), sexual infidelity, irreconcilable differences and conflicting personalities, gross irresponsibility, loss (and transfer) of affection, among others. Unfortunately, these grounds are not enough to severe the marital bond through annulment. In lieu of divorce, married persons resort to annulment and according to the Office of the Solicitor General (OSG), there is an alarming increase in the number of annulment cases in the Philippines. The number of annulment cases filed in courts, which never breached the 7,000-mark prior to 2006, rose to 7,138 (2006) and 7,753 (2007).

Existing Philippine Laws regarding Divorce:

Philippine laws do not provide for absolute divorce, but divorce was available in certain periods in Philippine history. Divorce was allowed under the Divorce Law of 1917 (Act No. 2710) and during the Japanese occupation, pursuant to Executive Order No. 141 (1943). As the law stands today, however, a marriage between two Filipinos cannot be dissolved even by a divorce obtained abroad. In mixed marriages involving a Filipino and a foreigner (or former Filipinos), Article 26 of the Family Code allows the former to contract a subsequent marriage in case the divorce is validly obtained abroad by the alien spouse capacitating him or her to remarry.

It is not really accurate to say that there is absolutely no divorce in the Philippines. Under Presidential Decree No. 1083, also known as the “Code of Muslim Personal Laws of the Philippines,” divorce is allowed in certain instances, but this law applies only when both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law in any part of the Philippines. For the rest of Filipinos, therefore, divorce is not available.

Efforts to Legalize Divorce in the Philippines:

In 2005, party-list representative Liza Masa of Gabriela filed a divorce bill. According to Rep. Masa, the annulment process has been expensive for most Filipinos and has not been responsive to the needs of women, particularly those suffering from marital abuse.” In 2001, similar bills were filed in the Senate (Bill No. 782), introduced by Senator Rodolfo G. Biazon, and House of Representatives (Bill No. 878), introduced by Honorable Bellaflor J. Angara-Castillo. In 1999, Representative Manuel C. Ortega filed House Bill No. 6993, seeking for the legalization of divorce. The highlights of the explanatory note of House Bill No. 6993, in support for divorce, are:

Not all marriages succeed as a permanent union. An increasing number of married individuals find themselves subjected by their marriage partners to physical violence, grossly abusive conduct and other acts of or offenses that — rather than promote blissful, harmonious conjugal and family life — impair, debase or destroy the legitimate ends of the marriage relationship. The bill seeks to give spouses which are shacked by an irretrievably broken marriage the freedom to remarry and possibly succeed in attaining a stable and fulfilling family life.

Divorce is not a novel legal right:
The Family Code sanctions relative divorce (a mensa et thoro). Legal separation is a recognized remedy for victims of failed marriages. Our civil laws on marriage justify and allow the separation of married individuals but does not confer them the legal right or remedy to extricate themselves from the ordeal of a broken marriage.

Divorce is not exclusive to contemporary times:
Before the Spanish colonial rule in the early 16th century, absolute divorce had been widely practiced among our ancestral tribes — the Tagbanwas of Palawan, the Gadang of Nueva Vizcaya, the Sagada and Igorot of the Cordilleras, the Manobo, Bila-an and Moslems of Visayas and Mindanao islands, to name a few.

There were prior divorce laws:
In 1917, Act 2710 allowed divorce on the grounds of adultery on the part of the wife and concubinage on the part of the husband. During the Japanese Occupation, a new law on absolute divorce, E.O. No. 141, was promulgated providing for ten grounds for divorce. These laws are no longer in effect.

Based on the increasing number of failed marriages which confines many of our citizens to a perpetual state of marital limbo, it has become morally and socially acceptable for many Filipinos to grant spouses of broken marriages the legal right to remarry. The present grounds for legal separation which are recognized in our society as justifiable bases for relative divorce should be re-enacted as lawful grounds for absolute divorce. In addition, it is recommended that “irreconcilable marital differences” be included in our present civil laws as a justifiable cause for absolute divorce because not all circumstances and situations that vitiate the institution of marriage could be specifically categorized and defined by our lawmakers. Spouses living in a state of irreparable marital conflict or discord should be given the opportunity to present their marital contrarieties before the courts and have such differences adjudged as substantial grounds to dissolve or sever the legal bond of marriage.

In addition to these reasons, there are criticisms that the existing laws on annulment are anti-poor, as the high cost needed to pursue a case for annulment prevents the poor from securing one. This, however, is the very reason cited by those who oppose divorce — the high cost is intended to discourage the people from trifling with marriage. Allowing divorce would serious weaken the institution of marriage. Anyone could decide to get married without thinking twice because they can get out of the marriage easily with divorce. If the current increase of annulment cases is alarming, imagine how the allowance of divorce would greatly increase the figure.

Annulment Divorce & Legal Separation in Philippines:

A decree of Legal Separation gives the spouses the right to live separately from each other, dissolves the conjugal partnership, awards the minor children to the innocent spouse and disqualifies the offending spouse from inheriting from the estate of the innocent spouse.

What is the main difference between Legal Separation and Annulment?

Once a Decree of Annulment has been issued by the court the parties may choose to remarry. A decree of Legal Separation allows the spouses to live separately but does not sever the bonds of marriage (remarriage is not allowed).

What are the grounds for legal separation?

There are ten (10) grounds on which a petition of for Legal Separation may be filed.
1 - Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.
2 - Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.
3 - Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.
4 - Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.
5 - Drug addiction or habitual alcoholism of the respondent.
6 - Lesbianism or homosexuality of the respondent.
7 - Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.
8 - Sexual infidelity or perversion.
9. - Attempt by the respondent against the life of the petitioner.
10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

In a Petition of Legal Separation the term “child” shall include a child by nature or by adoption.
There is a six (6) month waiting period from the time of the filing of thePetition of Legal Separation and the time that the trial may start. During the waiting period it is the duty of the court to try to reconcile the spouses.

Grounds for Annulment of Marriage in the Philippines:

Art. 45 of The Family Code of the Philippines states 6 grounds by which the court can annul a marriage.
The grounds for annulment of marriage are:

1. Absence of Parental Consent. A marriage was solemnized and one or the other party was eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents, guardian or person having substitute parental authority. The Petition of Annulment must be filed within five (5) years of having attained the age twenty-one. However, if the parties freely cohabited with the other as husband and wife after having reached the age of twenty-one (21) a Petition of Annulment can no longer be filed.

2. Mental Illness. One or the either party was of unsound mind at the moment of the marriage. But if the parties freely cohabited with each other after he or she came to reason the law prohibits the filing of a Petition.
3. Fraud. That the consent of either party was obtained by fraud, unless such party once having knowledge of the fraud freely cohabited with the other as husband and wife. The petition must be filed within five (5) of finding out the facts of the fraud.

4. That the consent of either party was obtained by force, intimidation or undue influence. Except when the same has ceased and the party filing the petition freely cohabited with the other as husband and wife. The injured party must file within five (5) years from the point in time the force, intimidation or undue influence disappeared or came to an end.

5. One or the other party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.

6. Either party was at the time of marriage afflicted with a sexually-transmitted-disease (STD) found to be serious and seems to be incurable. This may also constitute fraud. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.

Annulment in the Philippines:

Q: What documents do I need to give BC Philippines Lawyers to start the case for Annulment of Marriage?
a) An authenticated copy of your marriage certificate; and
B) An authenticated copy of the birth certificate/s of your children (if any) from the National Statistics Office (NSO)

Q: Both my husband and I are Filipino citizens living overseas. Can we file for an annulment in the Philippines?
A: Yes, the rules of court now allow for non-resident Filipinos to file petitions of annulment of marriage in the Philippines.

Q: What is the best city in the Philippines for me to file my petition of annulment?
A: You, as the petitioner have the choice to file in the Family Court of the province or city where you or your husband/wife has been residing for at least 6 months prior to the of filing of the petition, or in the case of a non-resident respondent, where he/she may be found in the Philippines.

Q: Do we need to go back to the Philippines to proceed with an annulment of marriage case?
A: Yes, you will have to come to the Philippines. You will have to appear at least twice in court once for the Pre-trial and once to Testify. If you do not appear in court your petition will be dismissed. You can be excused from appearing at the pre-trial for valid reasons such as illness.
Some Judges allow the non- appearance of the Petitioner in cases of Annulment of Marriage where the ground cited is Bigamous Marriage under Article 35 of the Family Code of the Philippines.

Q: How long does it take to get an annulment?
A: If the proceedings go smoothly, at least 6 months but there is no guarantee to that. There are factors that need to be taken into consideration that could delay the procedure such as but not limited to court-sanctioned postponement of hearings, and justifiable absences of State Prosecutor, if any.

Presumption of Death and Remarriage:

Many people ask us: I have not heard from my spouse in 7 years, can I remarry?
The answer is no. No matter how long spouses have been separated 2, 4, 7, 15 years or more, one can not remarry without the courts having issued a:
• Decree of Annulment or Nullity
• Judicial Decree of Absolute Divorce
• Death Certificate of the Deceased Spouse
Article 41 of The Family Code of the Philippines states:
A marriage contracted by any person during the subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four (4) consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In case of disappearance, where there is danger of death under the circumstances set forth in the provision of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

Danger of Death pertains to:
• A person who was on board a ship or airplane which has gone missing and who has not been heard of for 2 years
• A person in one or the other branch of the military who has taken part in war or other military operations, and has been missing for 2 years
• A person who has been abducted and there has been no news about them for 2 years
• Or other situations where there is a high chance that death may have occurred within a 2 year period. Presumption of Death should not be used as a work around to be to remarry, as the law provides that if an affidavit of reappearance is recorded, the presumption of death is automatically terminated. If the presumption of death is terminated; any remarriage is immediately voided.

Declaration of Nullity of Marriage in the Philippines:

When one files a Petition to declare a marriage void, there is the presumtion that the marriage never existed. Of course it is up to the court to decide if the grounds of your petition are valid.
The Family Code of the Philippines states in Articles 35, 36, 37 and 38 the grounds to declare a marriage void from the beginning.
Let’s examine the grounds to declare a marriage void:
A - Those contracted by any party below eighteen years of age even with the consent of parents or guardians; (lack of legal capacity to marry).
B - Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
C - Those solemnized without license except if otherwise covered by other laws.
D - Those bigamous or polygamous marriages except those covered by the laws of presumption of death of the absent spouse.
E -Those contracted through mistake of one contracting party as to the identity of the other;
F - A remarriage shall be null and void if the partition and distribution of the proprieties of the spouses, the children’s’ presumptive legitimes and the judgment of absolute nullity of the marriage are not recorded in the necessary civil registry and registries of property.
G - Any psychological incapacity at the time of the marriage celebration, which prevents either the husband or wife from fulfilling the essential marital obligations of marriage, shall also be void even if such incapacity becomes manifest only after the solemnization.
(Psychological incapacity is not automatically lunacy but it does mean that one or both spouses have abnormal interpersonal behavior, or a psychological characteristic which inhibits the spouse to fulfill the essential obligations of marriage.)
H - Marriages between ascendants and descendants of any degree; between brothers and sisters whether full- or half-blood are incestuous and void from the beginning.
I - Though not incestuous the following between relatives are void from the beginning for reasons of public policy:
1. Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;
2. Between step-parents and step-children;
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and the adopted child;
5. Between the surviving spouse of the adopting parent and the adopted child;
6. Between the surviving spouse of the adopted child and the adopter;
7. Between an adopted child and and a legitimate child of the adopter;
8. Between adopted children of the same adopter;
9. Between parties where one, with the intention to marry the other, killed the other person’s spouse, or his or her own spouse.
Once the decision of nullity has been issued by the court it must be registered with Local Civil Registrar where your marriage was registered, the Civil Registry of the place where the Family Court is situated and with the National Statistics Office (NSO). Registration of the approved partition and distribution of the properties of the spouses, in the proper Register of Deeds where the real properties are located; and if there are children: the delivery of the children’s presumptive legitimes in cash, property, or sound securities.
Only after complying with the aforementioned will the court issue the Final Decree of Nullity or Annulment of Marriage.
Without a Final Decree of Nullity or Annulment of Marriage any remarriage will be void and the spouse who marries may be charged with a criminal case of bigamy.

How to File an Annulment in the Philippines:

Contact a lawyer to discuss the merits of your petition and whether the grounds exist for you to file a Petition for Annulment of Marriage or a Declaration of Nullity of your marriage.

Annulment of Marriage:
Art. 45 of the Family Code of the Philippines lists the grounds for Annulment of Voidable Marriages for causes existing at the time of the marriage.

Declaration of Nullity Void and Voidable Marriages:
The grounds for the declaration of nullity can be any of those stated in:
Article 35 - Lack of the Formal and Essential Requisites of Marriage
Article 36 - Psychological Incapacity
Article 37 - Incestuous Marriages
Article 38 - Marriages that are Void by Reason of Public Policy
The majority of Petitions to void marriages in the Philippines are filed on the grounds of Psychological Incapacity.

Single Mothers in Philippines

In the Philippines premarital sexual activities are increasingly common; family and church's strong control and influence lead to a sense of guilt and shame amongst young female and lack of knowledge of the consequences of sexual encounters.
Population growth in the Philippines is one of the world's highest but GDP growth is discouraging and unable to sustain it. The United Nations Development Program estimates that almost 30% of pregnant women were nutritionally at-risk, 40% are anemic and over 75% have grossly inadequate diet. These conditions increase the risk of both maternal mortality and the delivery of low-birth weight infants. The latter, in turn, are also at risk of dying within their first year or of becoming undernourished in their pre-school years.

Street Children in Philippines

Street Children in the Philippines is a significant problem. According to the 1998 report, entitled "Situation of the Youth in the Philippines," there are about 1.5 million street children in the Philippines. Everyday, at least a street child is seen walking along the streets, looking for a place to stay.

Statistics:
Highly-visible’ children in the streets: Manila (3,266), Quezon (2,867), Kalookan (1,530), and Pasay (1,420). Luzon regional totals: 1,557 (highly visible), 22,728 (estimated total). Visayas regional totals: 5,291 (highly visible), 40,860 (estimated total). Mindanao regional totals: 22,556 (highly visible), 138,328 (estimated total). Approximately 70% are boys.

Defining Filipino street children:

According to the Stairway foundation there are three different categories of street children: children on the streets, children of the streets and completely abandoned children.
"Children on the streets" make up approximately 75% of the street children in the Philippines. These children work on the streets but do not live there, having a home to return to after working. Some of them even continue to attend school while working long hours on the streets.

In contrast, "Children of the street" on the other hand make their homes on the street. They make up 25%-30% of the street children in the Philippines. These children often create a sort of family among fellow street children. Some of them still have family ties, but do not visit them and some even see these ties as bad.

"Completely abandoned children" have no family ties and are entirely on their own for physical and psychological survival. They make up about 5%-10% of the street children in the Philippines.

Demographics

Angeles
The Department of Social Welfare and Development has more than 1500 children registered in Angeles city as street children. In reality, the number is much higher.Street Children in Angeles are at risk in the notorious Fields Ave from pedophiles hounding the entertainment area.

Manila
It is estimated there are 85,000 street children in Metro Manila alone.

Davao
The Davao City Local Development Plan for Children (2003-2007) says that in 2000, Davao had 1,505 street children. This figure more than doubled the following year to 3,213. According to the child-rights group Tambayan, most of the city’s street children belong to gangs, of which there are now some 150.

Amerasian Street Children
Pearl S. Buck International foundation estimates there are 52,000 Amerasians scattered throughout the Philippines with 5,000 in the Clark area of Angeles. "The majority of the children have been abandoned by their American fathers," said Jocelyn Bonilla, the manager of the Pearl S. Buck center in Angeles City.

Problems facing street children

Drugs
The most common substances are inhalants, like solvent/rugby and cough syrups, followed by marijuana and shabu. Marijuana and shabu in particular are drugs that are shared with friends whenever one barkada member is lucky enough to have money to buy them. Moreover, many street children take more drugs more than once, some as often as a daily intake of solvent/rugby. [3]

Health Problems
Generally, street children are thin, untidy, and undernourished, hardly equipped to survive the hazards of everyday living and working on the streets. Some of the hazards they face include sickness, physical injuries from vehicular accidents, street fights, harassment from both extortionists and police, sexual exploitation by pedophiles and pimps, exposure to substance abuse and sexually transmitted diseases.

Conditions
Matthew and Michael Canoy have lived with their grandmother Francisca Polgo, 56, since their mother skipped town seven years ago. Matthew, 12 and Michael, 13, have never met their American father, reportedly a U.S. Marine. The two brothers and their grandmother used to sleep on cardboard boxes in the back of a three-wheeled cart, called a trike, which served as their home. Now they use the trike as a "sari-sari" store from which they sell fruit and other miscellaneous convenience store items to earn their livelihood. Their dwelling is a box about 6 feet long, 4 feet wide and 7 feet high. It is constructed of scrap metal, wire mesh and other scavenged materials. It has one bed inside upon which all three sleep. The rest of the space is jam-packed with their belongings.

Prison
Street Children as young as 10 years old are often imprisoned under the Vagrancy Act, ending up in the same cells as adult prisoners, including young girls with male adults. They are often sexually and physically abused by prisoners and guards and are forced to clean out the toilets and cells. They are prone to catch TB from sleeping on damp floors and being in close confinementwith sick adults. They often do not have their own imprisonment recorded.

Legal Action
A class action suit was filed in 1993 on their behalf in the International Court of Complaints in Washington, DC, to establish Filipino American children’s rights to assistance. They have been consigned to live on the streets in hovels or slums in unimaginable poverty. The case did not prosper. The court ruled that the children were the products of unmarried women who provided sexual services to US service personnel in Olongapo, Subic Bay and Angeles City and were therefore engaged in illicit acts of prostitution. Such illegal activity could not be the basis for any legal claim.

Summary Execution Of Street Children
Many street children were in danger of summary execution during the Marcos Government. In the Philippines the most blatant form of violence against children is summary execution. In Davao City, 39 children in conflict with the law have been killed by the vigilante groups since 2001. Most of them were killed after being released from police detention cells.
Human rights groups said the killings have become an unwritten government policy to deal with crime, largely because of an ineffective criminal justice system and the tendency of the authorities to take shortcuts in the administration of justice. The execution-style killings are openly endorsed by local officials, strengthening the long-running suspicion that the death squads were formed by the government.

Child Prostitution
Child prostitutes are used by both foreign sex tourists and paedophiles as well as local people. Many Street Children are lured into prostitution as a means of surviving, others work in order to earn money for their families. A variety of different factors contribute to the commercial sexual exploitation of children in the Philippines.
Rooted in poverty, as elsewhere, the problem of Child Prostitution in Angeles was exacerbated in the 1980s by US bases in Clark, Angeles, where bars employed children who ended up as sex workers for American soldiers. Street children are at particular risk due to the fact that many of the 200 brothels in Angeles City offer children for sex.[15] Of 1.5 million streetchildren in the Philippines, 60,000 are prostituted, according to 1996 statistics of the Philippine Resource Network.

Sexual Exploitation By Pedophiles
Angeles Police had to rescue 36 children as young as 6 years old from the notorious Fields Ave to protect from from being exploited by suspected pedophiles hounding the entertainment area. Angeles Police Women's and Children's Section Chief Myrna Latorre said the rescued children were brought to the City Social Welfare and Development (CSWD) for disposition. She said most of the rescued children were turned over to the Bahay Bata Center, an institution taking care of orphans and abused children. The other children, Latorre said, were brought to a government rehabilitation center in Magalang, Pampanga that is being run the Department of Social Welfare and Development (DSWD) called Haven. A 13 years-old child recalls how she was trafficked into a brothel in Angeles where she had to service up to 15 pedophiles every night.

HIV/AIDS and STDs
There is no HIV testing for children in the Philippines but18% of the Street Children contract sexually transmitted infections (STIs).

NGO`S AND Projects To Help

Loving Care Street Kids Foundation
Offers three free meals a day to impoverished children in Pampanga. The center also offers programs and events for social interaction, and helps children with their educational costs for tuition and school supplies. Offers free meals to the thousands of children left homeless on the streets on Angeles city.
[edit]Street Contact For Children
This project entails regular contact by dedicated social workers with groups of street children. The workers relate with the children to win their trust, offer legal and personal protection against acts of abuse by the authorities and work to release the children from jails and holding cells or to get charges against them dismissed. The project provides basic needs such as clothes, food, medical help and shelter when needed. Efforts are made to contact parents and enable the child to visit the parents. Part–time work for older children is provided when possible.

Bahay Bata Center
An institution taking care of street children, orphans and abused children in Angeles City, Philippines. The Bahay Bata centre was founded to take care of street children by providing a home, education and spiritual guidance for them to face the future. See http://www.bahaybata.org

Subic Bay Children's Home

Subic Bay Children's Home providing a home for the street children of Olongapo City, Philippines. Subic Bay Children's Home seeks to provide a channel through which local churches and individuals can extend a helping hand to destitute, unwanted, unloved, troubled boys and girls in providing them a home, understanding, and Christian guidance.

Present Day Issues

Human rights in the Philippines has been a subject of concern and controversy. According to U.S. Country Profile on the Philippines dated March 2006, the U.S. State Department reported in 2006 that Philippine security forces have been responsible for serious human rights abuses despite the efforts of civilian authorities to control them. The report found that although the government generally respected human rights, some security forces elements—particularly the Philippine National Police—practiced extrajudicial killings, vigilantism, disappearances, torture, and arbitrary arrest and detention in their battle against criminals and terrorists Prison conditions were harsh, and the slow judicial process as well as corrupt police, judges, and prosecutors impaired due process and the rule of law. Besides criminals and terrorists, human rights activists, atheists and agnostics [not in citation given], left-wing political activists, and Muslims were sometimes the victims of improper police conduct. Violence against women and abuse of children remained serious problems, and some children were pressed into slave labor and prostitution.

On Wednesday December 7, 2006 International Labor Rights Fund's Brian Campbell tried to enter the Philippines to continue investigations of recent human rights violations and murders in the Philippines. Mr. Campbell had previously visited the Philippines in early 2006 to investigate various deaths of trade unionists including Diosdado Fortuna. On Dec 7, Mr. Campbell was informed he was on a blacklist by the Filipino immigration authorities and was barred from entering the country. Mr. Campbell then was immediately forced to leave the country.

United Nations investigation:

Since 2001 when President Gloria Macapagal-Arroyo began her term in office over 800 people have been victims of extra - judicial killings. In 2007 Philip Alston, the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary executions, spent 10 days in the Philippines investigating these killings. He spoke to witnesses and victims, as well as senior members of the military and the government, finding that witnesses have been systematically intimidated and harassed. He says the military is implicated directly or indirectly in a significant number of deaths.[5] Victims over the past six years have included trade unionists, farmers' rights activists, people from indigenous communities, lawyers, journalists, human rights campaigners and people of religion. The European Commission (EC) sent a six-man team of experts from the European Union (EU) to the Philippines on a 10-day mission to evaluate needs and identify technical assistance that the EU might provide to help its government prosecute those behind the killings.

Press freedom:

The fifth annual Worldwide Press Freedom Index released by the international press freedom watchdog Reporters Without Borders (RSF) has ranked the Philippines among the worst-ranked countries for 2006 at 142nd place. It indicates the continuing murders of journalists and increased legal harassment in the form of libel suits as part of the problem in the Philippines. Between 1986 to 2005, 52 journalists have been murdered.

Other allegations:

The Philippine government, currently headed by the elected President Gloria Macapagal-Arroyo, is fighting insurgents such as Islamic groups and the Communist New People's Army.

A spate of extrajudicial killings, estimated by human rights groups at over 800 in the past five years, has put the Philippines on the human rights watch list of the United Nations and the US Congress. A UN special rapporteur criticized the Arroyo administration for not doing enough to stop the killings, many of which had been linked to government anti-insurgency operations. Interior Assistant Secretary Danilo Valero said the sharp decline, 83%, in the number of political killings last year, as well as the filing of cases against the suspects, “underline the Arroyo government’s strong commitment to human rights and its firm resolve to put an end to these unexplained killings and put their perpetrators behind bars.” Task Force Usig was created in 2006 as the government’s response to the extrajudicial killings. Valero said the yearend statistics showed “the creation of the task force has been a deterrent” to such crimes.

According to Cher S Jimenez writing in Asia Times Online, as of 2007, there is an increasing international awareness of the extrajudicial harassment, torture, disappearances and murder of Filipino civilian non-combatants by the Philippine's military and police. Since the advent of the "War on Terrorism" in 2001, the people of the Philippines have witnessed the assassinations of more than 850 mainstream journalists and other public figures and the harassment, detention, or torture of untold more.

As of December, 2003, the human rights watchdog KARAPATAN had documented human rights violations against 169,530 individuals, 18,515 families, 71 communities, and 196 households. One person, it said, was being killed every three days under the Macapagal-Arroyo government or a total of 271 persons as of December 2003.

E. San Juan, Jr. writes that estimates of killings vary on the precise number, with Task Force Usig estimating only 114. It has failed to gain any convictions, and as of February 2007 had only arrested 3 suspects in the over 100 cases of assassination. The online publication Bulatlat states that "[A]ccording to a recent international fact-finding mission of Dutch and Belgian judges and lawyers, Task Force Usig 'has not proven to be an independent body…the PNP has a poor record as far as the effective investigation of the killings is concerned and is mistrusted by the Philippine people." Task Force Usig dismissed nearly half of the 114 cases of assassination as "cold" and, of the 58 cases where charges were brought, has secured only convictions only twice.

Amnesty International states that the more than 860 confirmed murders are clearly political in nature because of "the methodology of the attacks, including prior death threats and patterns of surveillance by persons reportedly linked to the security forces, the leftist profile of the victims and climate of impunity which, in practice, shields the perpetrators from prosecution." The AI report continues:
the arrest and threatened arrest of leftist Congress Representatives and others on charges of rebellion, and intensifying counter-insurgency operations in the context of a declaration by officials in June of 'all-out-war' against the New People's Army . . . [and] the parallel public labeling by officials of a broad range of legal leftist groups as communist 'front organizations'...has created an environment in which there is heightened concern that further political killings of civilians are likely to take place.
—Amnesty International,

Human Rights Watch, in a 2008 report, reported:
2006 saw a sharp increase in the number of extrajudicial killings, which coincided with President Gloria Macapagal Arroyo’s June 2006 declaration of an “all-out war” against communist insurgents called the National People’s Army (NPA)...the Philippine government is consistently failing in its obligations under international human rights law to hold accountable perpetrators of politically motivated killings....With inconclusive investigations, implausible suspects, and no convictions, impunity prevails....Out of hundreds of killings and “disappearances” over the past five years, there have been only two successfully prosecuted cases resulting in the conviction of four defendants....The number of senior military officers convicted either for direct involvement or under command responsibility remains zero. The doctrine of command responsibility in international law means that superior officers can be held criminally liable for the actions of their subordinates, and also if a superior had reason to know that subordinates under his command committed an offence and failed to use all feasible means under his command to prevent and punish it, he too may be found guilty for the offence.
—Human Rights Watch,

Human Rights Watch writes that the murders and kidnappings are rarely investigated by the police or other government agencies; they often go unreported because of fears of reprisal against the victims or their families. The Philippine National Police blame investigative failures on this reluctance, but as Human Rights Watch writes:
Witnesses are indeed reluctant to cooperate with police investigations, because of fear that they would be targeted by doing so. An extremely weak witness protection program exacerbates this problem....[P]olice are often unwilling to vigorously investigate cases implicating members of the AFP. Families of some victims told Human Rights Watch that when they reported relevant cases to the police, police often demanded that the families themselves produce evidence and witnesses. Even when police filed cases with a court, they often identified the perpetrators either as long-wanted members of the NPA or simply as “John Doe.” Some families told Human Rights Watch that police gave up investigating after only a few days.
—Human Rights Watch,

Most of those killed or "disappeared" were peasant or worker activists belonging to progressive groups such as Bayan Muna, Anakpawis, GABRIELA, Anakbayan, Karapatan, KMU, and others (Petras and Abaya 2006). They were protesting Arroyo's repressive taxation, collusion with foreign capital tied to oil and mining companies that destroy people's livelihood and environment, fraudulent use of public funds, and other anti-people measures. Such groups and individuals have been tagged as "communist fronts" by Arroyo's National Security Advisers, the military, and police; the latter agencies have been implicated in perpetrating or tolerating those ruthless atrocities.
—Dr. E. San Juan, Jr.,

Right from the beginning, Arroyo's ascendancy was characterized by rampant human rights violations. Based on the reports of numerous fact-finding missions, Arroyo has presided over an unprecedented series of harassments, warrantless arrests, and assassinations of journalists, lawyers, church people, peasant leaders, legislators, doctors, women activists, youthful students, indigenous leaders, and workers.
—Dr. E. San Juan, Jr.,

According to commentators James Petras and Robin Eastman-Abaya, "Human rights groups provide evidence that death squads operate under the protective umbrella of regional military commands, especially the U.S.-trained Special Forces.
2006 is also the year President Arroyo issued Presidential Proclamation 1017. According to Cher S Jimenez writing in Asia Times Online, this proclamation "grants exceptional unchecked powers to the executive branch", placing the country in a state of emergency and permitting the police and security forces to "conduct warrantless arrests against enemies of the state, including...members of the political opposition and journalists from critical media outlets." With 185 dead, 2006 is so far (2007) the highest annual mark for extrajudicial government murders. Of the 2006 killings, the dead were "mostly left-leaning activists, murdered without trial or punishment for the perpetrators." The issuance of the proclamation conspicuously coincided with a dramatic increase in political violence and extrajudicial killings.

E. San Juan, Jr. alleges that the Arroyo government initially made no response to the dramatic increase in violence and killings. He writes, "Arroyo has been tellingly silent over the killing and abduction of countless members of opposition parties and popular organizations."[19] An independent commission was assembled in August 2006 to investigate the killings. Headed by former Supreme Court Justice Jose Melo, the group known as the Melo Commission concluded that most of the killings were instigated by the Armed Forces of the Philippines, but found no proof linking the murder of activists to a "national policy" as claimed by the left-wing groups. On the other hand the report "linked state security forces to the murder of militants and recommended that military officials, notably retired major general Jovito Palparan, be held liable under the principle of command responsibility for killings in their areas of assignment." E. San Juan, Jr. writes that later, in February 2007, UN Special Rapporteur Philip Alston implicated the Philippine police and military as responsible for the crimes. Alston charged in his report that Arroyo’s propaganda and counter-insurgency strategy “encourage or facilitate the extra-judicial killings of activists and other enemies” of the state. and that "the AFP remains in a state of almost total denial… of its need to respond effectively and authentically to the significant number of killings which have been convincingly attributed to them".

Publicly, Arroyo has condemned political killings "in the harshest possible terms" and urged witnesses to come forward.

Cultural impact

The Roman Catholic Church was disestablished and a considerable amount of church land was purchased and redistributed. The bulk of the land, however, was quickly bought up by American companies with little going to Filipino peasants. U.S. President McKinley, in his instructions to the First Philippine Commission in 1898, ordered the use of the Philippine languages as well as English for instructional purposes. The American administrators, finding the local languages to be too numerous and too difficult to learn and to write teaching materials in, ended up with a monolingual system in English with no attention paid to the other Philippine languages except for the token statement concerning the necessity of using them eventually for the system.

In 1901 at least five hundred teachers (365 males and 165 females) arrived from the U.S. aboard the USS Thomas. The name Thomasite was adopted for these teachers, who firmly established education as one of America's major contributions to the Philippines. Among the assignments given were Albay, Catanduanes, Camarines Norte, Camarines Sur, Sorsogon, and Masbate.
Twenty-seven of the original Thomasites either died of tropical diseases or were murdered by outlaws during their first 20 months of residence. Despite the hardships, the Thomasites persisted, teaching and building learning institutions that prepared students for their chosen professions or trades. They opened the Philippine Normal School and the Philippine School of Arts and Trades (PSAT) in 1901, and reopened the Philippine Nautical School, established in 1839 by the Board of Commerce of Manila under Spain. By the end of 1904, primary courses were mostly taught by Filipinos under American supervision.

War crimes

American atrocities

In 1908 Manuel Arellano Remondo, in General Geography of the Philippine Islands, wrote: “The population decreased due to the wars, in the five-year period from 1895 to 1900, since, at the start of the first insurrection, the population was estimated at 9,000,000, and at present (1908), the inhabitants of the Archipelago do not exceed 8,000,000 in number.” U.S. attacks into the countryside often included scorched earth campaigns where entire villages were burned and destroyed, torture (water cure) and the concentration of civilians into “protected zones” (concentration camps). Many of the civilian casualties resulted from disease and famine.

In an article, We Charge Genocide: A Brief History of US in the Philippines, appearing in the December, 2005 issue of Political Affairs, E. San Juan, Jr., director of the Philippines Cultural Studies Center, Connecticut, argued that during the Philippine–American War (1899-1902) and pacification campaign (1902-1913), the operations launched by the U.S. against the Filipinos, an integral part of its pacification program, which claimed the lives of over a million Filipinos, constituted genocide. This number takes into account the more than half million natives who died of Cholera during the conflict.
In November 1901, the Manila correspondent of the Philadelphia Ledger reported:"The present war is no bloodless, opera bouffe engagement; our men have been relentless, have killed to exterminate men, women, children, prisoners and captives, active insurgents and suspected people from lads of ten up, the idea prevailing that the Filipino as such was little better than a dog...." Some Filipino prisoners were waterboarded during interrogation.

American soldiers' letters and response

From almost the beginning of the war, soldiers wrote home describing the atrocities committed against Filipinos, soldiers and civilians alike. Increasingly, such personal letters, or portions of them, reached a national audience as anti-imperialist editors across the nation reproduced them.

Once these accounts became popular press fodder, the War Department became involved and demanded that General Otis investigate their authenticity. Each press clipping was forwarded to the original writer’s commanding officer, who would then convince or force the soldier to write a retraction of the original statements. Private Charles Brenner of the Kansas regiment resisted such pressure. He insisted that Colonel Funstonhad ordered that all prisoners be shot and that Major Metcalf and Captain Bishop enforced these orders. Otis was obliged to order the Northern Luzon sector commander, General MacArthur, to look into the charge. Brenner confronted MacArthur’s aide with a corroborating witness, Private Putman, who confessed to shooting two prisoners after Bishop or Metcalf ordered, “Kill them! Damn it, Kill them!” MacArthur sent his aide’s report on to Otis with no comment. Otis ordered Brenner court-martialed “for writing and conniving at the publication of an article which... contains willful falsehoods concerning himself and a false charge against Captain Bishop.” The judge advocate in Manila convinced Otis that such a trial could open a Pandora’s box because “facts would develop implicating many others.”

General Otis sent the Brenner case to Washington writing: “After mature deliberation, I doubt the wisdom of court-martial in this case, as it would give the insurgent authorities a knowledge of what was taking place and they would assert positively that our troops had practiced inhumanities, whether the charge should be proven or not, as they would use it as an excuse to defend their own barbarities; and it is not thought that his charge is very grievous under the circumstances then existing, as it was very early in the war, and the patience of our men was under great strain.”

Towards the end of 1899 General Otis attempted to repair his battered image. He began to work to win new friends among the journalists in Manila and bestowed favors on any journalist who gave him favorable press.

Concentration camps

As one historian wrote about Marinduque, the first island with concentration camps:
“The triple press of concentration (camps), devastation, and harassment led Abad (the Marinduque commander) ...to request a truce to negotiate surrender terms... The Army pacified Marinduque not by winning the allegiance of the people, but by imposing coercive measures to control their behavior and separate them from the insurgents in the field. Ultimately, military and security measures proved to be the (essential element) of Philippine pacification.”

Official end to the war

The Philippine Organic Act of July 1902 approved, ratified, and confirmed McKinley's Executive Order establishing the Philippine Commission and stipulated that a legislature would be established composed of a lower house, the Philippine Assembly, which would be popularly elected, and an upper house consisting of the Philippine Commission. The act also provided for extending the United States Bill of Rights to Filipinos.

On July 2 the Secretary of War telegraphed that the insurrection against the sovereign authority of the U.S. having come to an end, and provincial civil governments having been established, the office of Military governor was terminated. On July 4 Theodore Roosevelt, who had succeeded to the U.S. Presidency after the assassination of President McKinley on September 5, 1901, proclaimed a full and complete pardon and amnesty to all people in the Philippine archipelago who had participated in the conflict.

Irreconcilables

The war unofficially continued for nearly a decade as Constantino have suggested, since groups collectively know as Irreconcilables remained active. These included remnants of the Katipunan, and other resistance groups continued to their struggle by fighting the United States Military or Philippine Constabulary. After the close of the war, however, Governor-General Taft preferred to rely on the Philippine Constabulary in a law-enforcement role rather than on the American army. He was, in fact, criticized for this.

Simeon Ola of Guinobatan, Albay in the Bicol region has been suggested as the last Filipino general to surrender (on September 25, 1903) in place of Malvar.

In 1902 a veteran Katipunan member and self-proclaimed generalisimo named Macario Sakay attempted to form his own Republic, called Katagalugan after Bonifacio's, in southern Luzon. After years of resistance he was captured and executed in 1907 after accepting an amnesty offer.

Pulajanes

Quasi-religious armed groups included the pulajanes (so called because of their red garments), colorum (from a corruption of the Latin in saecula saeculorum, part of the Glory Be to the Father prayer), and Dios-Dios (literally "God-God") groups of assorted provinces. These groups were mostly composed of farmers and other poor people led by messianic leaders, and they subscribed to a blend of Roman Catholicism and folk beliefs. For example, they used amulets (called agimat or anting-anting), believing they would become bulletproof. One of these leaders was Dionisio Seguela, better known as Papa Isio (Pope Isio). The last of these groups were wiped out or had surrendered by 1913. These resistance movements were all dismissed by the American government as banditry, fanaticism or cattle rustling.

Moro Rebellion

The American government had a peace treaty with the Sultanate of Sulu at the outbreak of the war with Aguinaldo that was supposed to prevent war in Moro territory. However, after the resistance in the north was crippled, the United States began to colonize Moro land that provoked the Moro Rebellion. Beginning with the Taraca, which occurred on April 4, 1904, American forces battled Datu Ampuanagus, who surrendered after losing 200 members of his people. Numerous battles would occur after that up until the end of the conflict on June 15, 1913. During the conflict, the battles of Bud Dajo and Bud Bagsak were among the most notable since casualties included women and children.

American opposition to the war

Some Americans, notably William Jennings Bryan, Mark Twain, Andrew Carnegie, Ernest Crosby, and other members of the American Anti-Imperialist League, strongly objected to the annexation of the Philippines. Other Americans mistakenly thought that the Philippines wanted to become part of the United States. Anti-imperialist movements claimed that the United States had betrayed its lofty goals of the Spanish–American War by becoming a colonial power, merely replacing Spain in the Philippines. Other anti-imperialists opposed annexation on racist grounds. Among these was Senator Benjamin Tillman of South Carolina, who feared that annexation of the Philippines would lead to an influx of non-white immigrants. As news of atrocities committed in subduing the Philippines arrived in the United States, support for the war flagged. Mark Twain famously opposed the war by using his influence in the press. He felt it betrayed the ideals of American democracy by not allowing the Filipino people to choose their own destiny.

“There is the case of the Philippines. I have tried hard, and yet I cannot for the life of me comprehend how we got into that mess. Perhaps we could not have avoided it — perhaps it was inevitable that we should come to be fighting the natives of those islands — but I cannot understand it, and have never been able to get at the bottom of the origin of our antagonism to
the natives. I thought we should act as their protector — not try to get them under our heel. We were to relieve them from Spanish tyranny to enable them to set up a government of their own, and we were to stand by and see that it got a fair trial.

It was not to be a government according to our ideas, but a government that represented the feeling of the majority of the Filipinos, a government according to Filipino ideas. That would have been a worthy mission for the United States. But now — why, we have got into a mess, a quagmire from which each fresh step renders the difficulty of extrication immensely greater. I'm sure I wish I could see what we were getting out of it, and all it means to us as a nation.”

Some later historians, such as Howard Zinn and Daniel Boone Schirmer, cite the Philippine–American War as an example of American imperialism.

Casualties

In the official war years, there were 4,196 American soldiers dead, 1,020 of which were from actual combat; the remainderdied of disease, and 2,930 were wounded. There were also 2,000 casualties that the Philippine Constabulary suffered during the war, over one thousand of which were fatalities. It should be noted that total Filipino casualties was at the time and still is a highly-debated, argued, and politicized number. It is estimated that some 34,000 Filipino soldiers lost their lives and as many as 200,000 civilians may have died directly or indirectly as a result of the war, most due to a major cholera epidemic that broke out near its end. Philippine military deaths are estimated at 20,000 with 16,000 actually counted, while civilian deaths numbered between 250,000 and 1,000,000 Filipinos. These numbers take into account those killed by war, malnutrition, and a cholera epidemic that raged during the war. The Philippine–American War Centennial Initiative gives an estimate of 510,000 civilian deaths, and 20,000 military deaths, excluding 100,000 deaths from the Moro Rebellion. The American military and Philippine Constabulary still suffered periodic losses combating small bands of Moro guerrillas in the far south until 1913.

The high Filipino casualty figures were a combination of the superior arms and even more superior numbers of the Americans, who were equipped with the most modern, up-to-date weapons in the world, including superb Krag-Jørgensen bolt-action rifles and machine guns, and who were also well-led. Furthermore, U.S. warships stood ready to destroy Philippine positions when needed. In contrast, the Filipinos were armed with a motley collection of rifles such as Mausers and Remingtons, many which had been taken from dead enemy soldiers (including Spanish troops from the previous conflict) or smuggled into the country by their fellow Filipinos. Their artillery was not much better, consisting mostly of worn-out artillery pieces captured from the Spanish. Although they did have a few Maxim and Gatling machine guns, along with a few modern Krupp artillery pieces, these were highly prized and taken to the rear for fear of capture before they could play any decisive role. Ammunition and rifles became more scarce as the war dragged on, and Filipinos were forced to manufacture their own, like the homemade paltik. Still most did not even have firearms. Many used bolos, spears, and lances in fighting, which also contributed to high casualty figures when such obsolete weapons were used against the Americans' superior arms. However, the Filipinos did have the advantage of knowing their own country and rough terrain well, in contrast to the Americans who were fighting on foreign terrain.

In recognition of United States military service during the Philippine–American War, the United States military created two service decorations which were known as the Philippine Campaign Medal and the Philippine Congressional Medal. In 1916 the United States granted the Philippines self-government and promised eventual independence, which came in 1946.

Philippine war strategy

Estimates of the Filipino forces vary between 80,000 and 100,000, with tens of thousands of auxiliaries. Lack of weapons and ammunition was a significant impediment to the Filipinos.

The goal, or end-state, sought by the First Philippine Republic was a sovereign, independent, socially stable Philippines led by the ilustrado (intellectual) oligarchy. Local chieftains, landowners, and businessmen were the principales who controlled local politics. The war was strongest when illustrados, principales, and peasants were unified in opposition to annexation.
The peasants, who provided the bulk of guerrilla manpower, had interests different from their illustrado leaders and the principales of their villages. Coupled with the ethnic and geographic fragmentation, unity was a daunting task. The challenge for Aguinaldo and his generals was to sustain unified Filipino public opposition; this was the revolutionaries' strategic center of gravity.

The Filipino operational center of gravity was the ability to sustain its force of 100,000 irregulars in the field. The Filipino general Francisco Makabulos described the Filipinos' war aim as, “not to vanquish the U.S. Army but to inflict on them constant losses.” They sought to initially use conventional tactics and an increasing toll of U.S. casualties to contribute to McKinley's defeat in the 1900 presidential election. Their hope was that as President the avowedly anti-imperialist William Jennings Bryan would withdraw from the Philippines. They pursued this short-term goal with guerrilla tactics better suited to a protracted struggle. While targeting McKinley motivated the revolutionaries in the short term, his victory demoralized them and convinced many undecided Filipinos that the United States would not depart precipitately.

Guerrilla war phase

In 1900 Aguinaldo shifted from conventional to guerrilla warfare, a means of operation which better suited their disadvantaged situation and made American occupation of the Philippine archipelago all the more difficult over the next few years. In fact, during just the first four months of the guerrilla war, the Americans had nearly 500 casualties.

The Philippine Army began staging bloody ambushes and raids, such as the guerrilla victories at Paye, Catubig, Makahambus, Pulang Lupa, Balangiga and Mabitac. At first, it even seemed as if the Filipinos would fight the Americans to a stalemate and force them to withdraw. This was even considered by President McKinley at the beginning of the phase. The shift to guerrilla warfare, however, only angered the Americans into acting more ruthlessly than before. They began taking no prisoners, burning whole villages, and routinely shooting surrendering Filipino soldiers. Civilians were forced into concentration camps, after being suspected of being guerrilla sympathizers. Thousands of civilians died in these camps.

The camps and slaughter of civilians was excused by the fact that the media told the American population that the savages were little children needing America's help and cleansing. The guerilla warfare helped this case by giving a moral right to what the American's were doing since the "savages" were cowardly uncivilized enemies. The subsequent American oppression of the population tremendously reduced the materials, men, and morale of many Filipino soldiers, compelling them in one way or another to surrender. The start of guerrilla warfare fuelled pro war journalists with more material to spin. The journalists basically criticized the Filipinos for their style of waging war Decline and fall of the First Philippine Republic The Philippine Army continued suffering defeats from the better armed American Army during the conventional warfare phase, forcing Aguinaldo to continuously change his base of operations, which he did for nearly the length of the entire war.
On March 23, 1901 General Frederick Funston and his troops captured Aguinaldo in Palanan, Isabela, with the help of some Filipinos (called the Macabebe Scouts after their home locale) who had joined the Americans' side. The Americans pretended to be captives of the Macabebes, who were dressed in Philippine Army uniforms. Once Funston and his “captors” entered Aguinaldo's camp, they immediately fell upon the guards and quickly overwhelmed them and the weary Aguinaldo.

On April 1, 1901, at the Malacañang Palace in Manila, Aguinaldo swore an oath accepting the authority of the United States over the Philippines and pledging his allegiance to the American government. After three weeks he would tell all of his followers to lay down their weapons and give up the fight. “Let the stream of blood cease to flow; let there be an end to tears and desolation,” Aguinaldo said. “The lesson which the war holds out and the significance of which I realized only recently, leads me to the firm conviction that the complete termination of hostilities and a lasting peace are not only desirable but also absolutely essential for the well-being of the Philippines.”

The capture of Aguinaldo dealt a severe blow to the Filipino cause, but not as much as the Americans had hoped. General Miguel Malvar took over the leadership of the Filipino government, or what remained of it. He originally had taken a defensive stance against the Americans, but now launched all-out offensive against the American-held towns in the Batangas region. General Vincente Lukban in Samar, and other army officers, continued the war in their respective areas. In response General J. Franklin Bell adopted tactics to counter Malvar's guerrilla strategy. Forcing civilians to live in hamlets, interrogating suspected guerrillas (and regular civilians alike), and his scorched earth campaigns took a heavy toll on the Filipino revolutionaries.

Bell also relentlessly pursued Malvar and his men, breaking ranks, dropping morale, and forcing the surrender of many of the Filipino soldiers. Finally, Malvar surrendered, along with his sick wife and children and some of his officers, on April 13, 1902. By the end of the month nearly 3,000 of Malvar's men had also surrendered. With the surrender of Malvar, the Filipino war effort began to dwindle even further.