US embassy cable - 05MANILA2294

UNCLAS SECTION 01 OF 02 MANILA 002294 
 
SIPDIS 
 
DEPARTMENT FOR EAP/PMBS, G/TIP, EAP/RSP, INL, DRL/IL, DRL/CA 
DEPARTMENT PLEASE PASS TO USAID FOR ANE/TS - SAULS 
LABOR FOR ILAB 
 
E.O. 12958: N/A 
TAGS: PGOV, PHUM, KCRM, KWMN, RP 
SUBJECT: TIP:  GRP WORKS TO STRENGTHEN PROSECUTIONS AS 
AUTHORITIES MAKE HIGH-PROFILE ARRESTS 
 
REF: A. MANILA 2200 
 
     B. MANILA 2193 
     C. MANILA 1815 
     D. MANILA 607 
 
1.  (U) Summary:  A committee of the Philippine Supreme Court 
is reportedly about to issue a new rule that would prohibit 
judges from dismissing cases based on a minor's unwillingness 
to testify.  The rule aims to address the problem of victims 
recanting their testimony after being threatened or bribed by 
defendants.  In other trafficking-related news, Philippine 
government (GRP) agencies recently made several high-profile 
arrests and conducted rescues, including of minors.  The fact 
the GRP and the judiciary are actively addressing the problem 
of witness tampering and its impact on trials is a positive 
step for TIP prosecutions.  End Summary. 
 
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Supreme Court Works to Protect TIP Cases 
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2.  (U) Ref D reported on the difficulty of prosecuting TIP 
cases given that victims often recant their testimony after 
being bribed or threatened by defendants.  To try to ensure 
that cases move forward regardless of such incidents, GRP 
Secretary of Justice Raul M. Gonzalez issued unequivocal 
 
SIPDIS 
instructions on April 12 to prosecutors requiring them to 
object to any motion to dismiss TIP cases based on withdrawal 
of testimony (Ref C).  In addition, at the urging of NGOs and 
the GRP, the Philippine judiciary is now examining additional 
steps meant to protect prosecutions.  The Supreme Court's 
"Committee on Revision of the Rules of Court," for example, 
is seriously considering a proposal that would prohibit 
judges from dismissing cases based on a minor's unwillingness 
to testify.  Although some defense attorneys oppose the 
proposed rule change, Mission understands that the Committee 
is inclined to accept the proposal and then ask the Supreme 
Court to implement it through a national circular. 
 
3.  (U) NGOs and government prosecutors have often complained 
to poloffs that defense attorneys appear to hold most of the 
cards in trafficking cases.  NGOs -- who by Philippine law 
are allowed to investigate cases and bring prosecutions for 
trafficking -- seem encouraged by recent trends and have told 
us that the DoJ instructions have already assisted in the 
prosecution of TIP cases.  NGOs expect that prosecutors will 
be further empowered if the Supreme Court indeed does go 
ahead and issue the new rules. 
 
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New Arrests and Rescues 
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4.  (U) GRP agencies have recently made arrests and conducted 
rescues in the following high-profile trafficking-related 
cases: 
 
-- On May 11, the Philippine National Police (PNP) arrested 
two men and a woman in Caloocan, Metro Manila, and rescued 
seven minors from a brothel.  One of the minors was 12 years 
old, two were 13, two were 14, one was 16, and one was 17. 
The proprietor had lured the victims with promises of 
legitimate employment and education.  The PNP turned the case 
over to DoJ prosecutors with a recommendation for prosecution 
under the Anti-Trafficking law and related statutes. 
 
-- On May 12, the National Bureau of Investigation's 
Anti-Human Trafficking Division (NBI-AHTRAD) arrested two 
women and rescued several minors in a raid on a Manila 
brothel.  The NBI turned the case over to Manila city 
prosecutors with a recommendation for prosecution under the 
Anti-Trafficking law and related statutes. 
 
-- On April 28, NBI-AHTRAD agents, working with the 
Philippine Overseas Employment Agency, arrested an unlicensed 
entertainment promoter.  Agents, acting on a tip from local 
journalists, also rescued 17 victims, including three minors, 
in Nueva Ecija, a rural province located north of Manila. 
The promoter had recruited the victims with promises of work 
in the entertainment field in Canada and Japan after several 
months of "training" in her rural nightclub.  The NBI turned 
the case over to DoJ prosecutors with a recommendation for 
prosecution under the Anti-Trafficking law and related 
statutes. 
 
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Comment 
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5.  (U) The fact that the GRP and the judiciary are actively 
addressing the problem of witness tampering and its impact on 
trials is a net positive for TIP prosecutions.  At the same 
time, while the arrests and rescues are most welcome, the 
increased volume of cases being developed by law enforcement 
agencies is adding to the caseload of prosecutors and judges, 
who are struggling to handle the influx.  Mission is 
continuing to assist the GRP in building prosecutorial 
capacity, including through the sponsorship of a weeklong 
training program in June for police officers, prosecutors and 
judges (Ref B). 
MUSSOMELI