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Free Legal Assistance Group

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FLAG
FoundedOctober 21, 1974; 50 years ago (1974-10-21) at 12 Margarita St., Magallanes Village, Makati, Philippines[1][2][3]
FoundersJose W. Diokno
Lorenzo M. Tañada
J.B.L. Reyes[4]
Joker Arroyo
HeadquartersSanidad Law Office, 2nd Floor Eastside Building, 77 Malakas Street, Brgy. Pinyahan, Diliman, Quezon City, Philippines
Fieldshuman rights, legal representation, legal advice
Key people
Chel Diokno (Chairperson)
Ma. Soccoro Tadea I. "Cookie" Diokno (Secretary General)
Arno V. Sanidad (Deputy Secretary General)
WebsiteFLAG Namati Website

The Free Legal Assistance Group (FLAG) is a nationwide organization of human rights lawyers in the Philippines.[5][6] It was founded in 1974 by Sen. Jose W. Diokno,[5] Lorenzo Tañada,[7] J.B.L. Reyes,[4] and Joker Arroyo[8] during the martial law era under former President Ferdinand Marcos.[9] It is the first and largest group of human rights lawyers established in the nation.[10] They work on countering varied abuses against human rights and civil liberties. Its current chairman since 2003 is human rights attorney Chel Diokno,[11] the founding dean of the De La Salle University Tañada-Diokno School of Law.[12]

Founding and martial law era

Main article: Human rights abuses of the Marcos dictatorship
FLAG hosting a rally during martial law
FLAG chairman Dean Diokno
See also: Human rights in the Philippines

FLAG was founded in October 1974 at the home of Sen. Jose W. Diokno,[13] together with Sen. Lorenzo M. Tañada,[14] Justice J.B.L. Reyes,[4] and Atty. Joker Arroyo[8] - more than two years after the 1972 proclamation of Martial law under Ferdinand Marcos. Diokno had conceived the law firm during his imprisonment. After his release on September 11, 1974, which came after spending 718 days as a political prisoner under the Marcos administration, he organized FLAG with his friend, retired Sen. Tañada and a group of young lawyers.[15] The group was conceived as a means of supporting human rights victims through a new and innovative method called developmental legal aid or developmental legal advocacy. FLAG member Atty. Arno Sanidad later stated that in 1976, he was among the five lawyers from the University of the Philippines Diliman to serve as the first paralegals in the country, under the guidance of Diokno and FLAG.[16]

During the dictatorship, FLAG defended farmers, similar victims of agrarian reform, and activists who were victims of paramilitary abuses, with Diokno noted to have helped even further by giving allowances to clients without any financial means.[17] Most cases at this time regarding human rights abuses were handled by FLAG, in coordination with smaller groups such as the Task Force Detainees of the Philippines. Human Rights Primers were also an integral aspect of the advocacy of human rights that FLAG initiated in the Philippines.[18]

FLAG's activities sometimes placed lawyers working with them at risk. Among the (at least) twelve FLAG lawyers murdered during the dictatorship[19] were Zorro Aguilar, Romraflo Taojo, Vicente Mirabueno,[20] and Crisostomo Cailing, all of whom have since been honored by having their names inscribed on the wall of remembrance at the Philippine Bantayog ng mga Bayani, which honors the martyrs and heroes who fought against the Marcos dictatorship's authoritarian rule.[21] FLAG has handled cases such as the 1984 case of the "Negros Nine" kidnapped military victims of Marcos.

Post-EDSA Revolution

FLAG continued to handle leading human rights cases including the death penalty case of Leo Echegaray in 1999.[1][22] FLAG also represented the Manalo brothers and won the first writ of amparo case in 2008, which was a legal writ first proposed in the Philippines by Senator Diokno in the 1980s.[23]

Due to their contributions during the martial law and post-EDSA generations, FLAG has been a recipient of multiple awards such as the Concerned Women of the Philippines (CWP) Human Rights Award in the 1980s, and the Chino Roces Award in the 2000s from President Gloria Arroyo.[24][25]

Recent history

Among the recent advocacies of FLAG has been to help stem the tide of extrajudicial killings linked to the Philippine drug war started by President Rodrigo Duterte.[26][27] There have also been cases linked to the libel case of Maria Ressa, as well as the Anti-Terror Law of 2020.[28] FLAG lawyers Chel Diokno and Sanidad petitioned to declare Section 4(e) as unconstitutional, for defining terrorism as excluding advocacy, protest, dissent, and similar actions "not intended to cause death or serious physical harm to a person, to endanger a person's life, or to create a serious risk to public safety." The Supreme Court agreed to declare it as unconstitutional for being overbroad.[29]

Notable cases

Pleading from founders Diokno and Tañada

Procedure

  • Trinidad v. Olano, G.R. No. 59449;

Academic Freedom

  • Beriña v. Philippine Maritime Institute, G.R. No. L-58610;
  • Guzman v. National University, G.R. No. L-68288;
  • Villar v. Technological Institute of the Philippines, G.R. L-69198;
  • Alcuaz v. Philippine School of Business Administration, G.R. No. 76353;
  • Non v. Dames, G.R. No. 89317;
  • Manila Public School Teachers Association v. Cariño, G.R. No. 96554;

Military Authority

  • Luneta v. Special Military Commission No. 1, G.R. No. L-49473;
  • Olaguer v. Military Commission No. 34, G.R. No. L-54558;
  • Aberca v. Ver, G.R. No. L-69866;
  • Brocka v. Enrile G.R. Nos. 69863–65;
  • FLAG v. Arroyo, case withdrawn;
  • David v. Arroyo, G.R. No. 171396;

Rebellion/ Subversion

  • Luneta v. Special Military Commission No. 1, G.R. No. L-49473;
  • Garcia-Padilla v. Enrile, G.R. No. L-61388;
  • Umil v. Ramos I and II, G.R. No. 81567;

Illegal Possession of Firearms

  • Baylosis v. Chavez, G.R. No. 95136;
  • People v. Ringor Jr., G.R. No. 123918;

Habeas Corpus

  • Ilagan v. Enrile, G.R. No. 70748;
  • Moncupa v. Enrile, G.R. No. L-63345;
  • Gordula v. Enrile, G.R. No. L-63761;
  • Dizon v. Eduardo, G.R. No. L-59118;
  • Manalo v. Castillo;

Right to Bail

  • People v. Donato, G.R. No. 79269;

Search and Seizure

  • Burgos v. Chief of Staff, G.R. No. L-64261;
  • Nolasco v. Pano, G.R. No. L-69803;
  • Guazon v. De Villa, G.R. No. 80508;
  • People v. Damaso, G.R. No. 93516;
  • Basco and Nicoleta v. Salazar;

Right to Counsel

  • Diokno v. Enrile, G.R. No. L-36315;
  • Morales v. Enrile, G.R. No. L-61016;

Death Penalty

  • People v. Echegaray, G.R. No. 117472;
  • Echegaray v. Secretary of Justice, G.R. No. 132601;
  • People v. Parazo, G.R. No. 121176;
  • People v. Salarza, G.R. No. 117682;

Free Speech

  • People of the Philippines v. Santos, Ressa and Rappler (RTC Case R-MNL-19-01141-CR);
  • Carpio v. Guevara, G.R. No. L-57439;
  • Reyes v. Bagatsing, G.R. No. L-65366;
  • Del Prado v. Ermita, G.R. No. 169848;
  • Gonzales v. Katigbak, G.R. No. 69500;
  • Sanidad v. COMELEC, G.R. No. L-44640;
  • Vasquez v. CA G.R. No. 118971;
  • Philippine Press Institute v. Ermita, G.R. No. 180303;
  • Raoul Esperas et al., v. Ermita et al., G.R. No. 181159;
  • Bayan v. Ermita, G.R. No. 169838;
  • Calleja v. Executive Secretary, G.R. No. 252578;

Political Prisoners

  • People v. Salle Jr., y Gercilla, G.R. No. 103567;
  • People v. Casido, G.R. No. 116512;

DNA Testing

  • Andal v. People, G.R. Nos. 138268–69;
  • In re: The Writ of Habeas Corpus for Reynaldo De Villa, taken from De Villa v. Director, New Bilibid Prisons, G.R. No. 158802;

US Bases

  • Salonga v. Executive Secretary, G.R. No. 176051;

Oil Deregulation

  • Coconut Oil Refiners Association, Inc. v. Torres, G.R. No. 132527;

Right to Electricity

  • Freedom from Debt Coalition v. Energy Regulatory Commission, G.R. No. 161113;

Amparo

  • Secretary of National Defense v. Manalo, G.R. No. 180906;[16]

Other notable members

See also

References

  1. ^ a b Barcenas, Democrito C. (October 21, 2014). "Tell it to Sunstar: FLAG and Martial Law". SunStar.
  2. ^ Chua, Michael "Xiao" (March 5, 2022). "Ka Pepe Diokno @100". The Manila Times. Retrieved March 8, 2022.
  3. ^ Manticajon, Ian (October 21, 2023). "FLAG's half a century of service for human rights and justice". The Philippine STAR.
  4. ^ a b c Orentlicher, Diane F. (1985). "Lawyers under siege". Index on Censorship. 14 (5): 38–39. doi:10.1080/03064228508533956. S2CID 144174194.
  5. ^ a b "Heroes and Martyrs: Diokno, Jose W." Bantayog ng mga Bayani. October 15, 2015. Archived from the original on August 5, 2017. Retrieved July 21, 2019.
  6. ^ Medina, Marielle (February 21, 2017). "IN THE KNOW: FLAG". Philippine Daily Inquirer. Archived from the original on February 24, 2017. Retrieved July 21, 2019.
  7. ^ Clarke, Gerard (May 17, 2006). The Politics of NGOs in Southeast Asia: Participation and Protest in the Philippines. Routledge. pp. 168–169, 173. ISBN 978-1-134-69535-5.
  8. ^ a b "Remembering Joker Arroyo". Philippine Daily Inquirer. October 7, 2015. Retrieved July 24, 2019.
  9. ^ Francisco, Katerina (February 20, 2017). "Meet Lascañas' battle-tested FLAG lawyers". Rappler. Retrieved June 18, 2020. Founded in 1974 by the late senators Jose W. Diokno, Lorenzo Tañada Sr., and Joker Arroyo, FLAG provided free legal services to victims of martial law during the Marcos years.
  10. ^ "Faculty List". Archived from the original on October 16, 2021. Retrieved March 21, 2022.
  11. ^ Chiu, Patricia Denise M. "Unique killings, same language, lawyers say of drug war reports". Philippine Daily Inquirer. Archived from the original on April 4, 2019. Retrieved July 21, 2019.
  12. ^ Lagrimas, Nicole-Anne C. (April 4, 2019). "PNP reports on drug war show similar, cut-and-paste angles –FLAG".
  13. ^ Whalen-Bridge, Helena (October 6, 2022). The Role of Lawyers in Access to Justice. Cambridge University Press. ISBN 9781009050777.
  14. ^ Clarke, Gerard (May 17, 2006). The Politics of NGOs in Southeast Asia: Participation and Protest in the Philippines. Routledge. pp. 168–169, 173. ISBN 978-1-134-69535-5.
  15. ^ "Developmental Legal Aid".
  16. ^ a b Free Legal Assistance Group on Facebook
  17. ^ "A Survey of Private Legal Practitioners to Monitor Access to Justice by the Disadvantaged" (PDF). Retrieved October 15, 2020.
  18. ^ Benda-Beckmann, Franz; Benda-Beckmann, Keebet (October 8, 2019). Kinship and State. Walter de Gruyter GmbH & Co KG. ISBN 9783111552187.
  19. ^ a b Margolick, David; Times, Special To the New York (July 11, 1985). "BAR GROUP ASSAILS PHILIPPINES AS ABUSING LAWYERS (Published 1985)". The New York Times. ISSN 0362-4331. Archived from the original on May 24, 2015. Retrieved February 8, 2021.
  20. ^ "Vic Mirabueno - Bantayog ng mga Bayani". June 17, 2023.
  21. ^ "Martyrs & Heroes".
  22. ^ Puno, Reynato (January 19, 1999). "LEO ECHEGARAY, Petitioner, v. SECRETARY OF JUSTICE, ET AL., Respondents".
  23. ^ "supremecourt.gov, SC Decides Its 1st Amparo Case; Upholds Right to Security".[permanent dead link]
  24. ^ Estabillo, Matthew (October 26, 2003). "Filipinas in the frontlines of social change". The Philippine STAR.
  25. ^ "The President's Day: September 30, 2002". September 30, 2002.
  26. ^ "SC orders Solgen to release all Oplan Tokhang Documents". April 22, 2019. Retrieved March 3, 2023.
  27. ^ Weiss, Brennan. "The lawyers on the front line of Duterte's drug war". Al Jazeera. Archived from the original on March 7, 2021. Retrieved October 30, 2021.
  28. ^ Patag, Kristine Joy (December 10, 2021). "Future 'scary and depressing' with SC upholding anti-terrorism law — lawyers". The Philippine STAR.
  29. ^ "GR No. 252578".
  30. ^ Reformina, Ina (July 19, 2012). "CJSearch PROFILE: Associate Justice Roberto Afan Abad".
  31. ^ Bernal, Buena (May 22, 2014). "SC Justice Abad retirement paves way for 5th Aquino appointee".
  32. ^ "Profile of Jejomar "Jojo" Cabauatan Binay".
  33. ^ Tony La Viña [@tonylavs] (October 21, 2024). "ATM Happy to be with the Free Legal Assistance Group celebrating 50 years of service to the Filipino people and the cause for justice. Grateful always to the Diokno family, especially Ka Pepe, Cookie, and Chel for this great institution" (Tweet). Retrieved October 21, 2024 – via Twitter.
  34. ^ "WHY LAWYERS MATTER - MARVIC LEONEN". November 18, 2013.
  35. ^ "Activists to campaign for freer Myanmar". March 16, 2008. Retrieved July 31, 2021.
  36. ^ "Senator Kiko Pangilinan". 2021.
  37. ^ Torres-Tupas, Tetch. "Top lawyers revive old group to fight Duterte policies".
  38. ^ "Lawyers' group denounces raps against members". ABS-CBN News. July 20, 2019. Retrieved June 19, 2020.
  39. ^ Buan, Lian (February 26, 2019). "Dismiss cyber libel case vs Maria Ressa, Rappler – Te, FLAG".
  40. ^ Buan, Lian (September 3, 2018). "Spokesman Ted Te resigns from Supreme Court". Rappler. Retrieved June 18, 2020.
  41. ^ "Court convicts Rappler CEO Ressa in cyberlibel case". CNN Philippines. June 15, 2020. Archived from the original on June 18, 2020. Retrieved June 18, 2020.
  42. ^ "MARTYRS AND HEROES: Yorac, Haydee B." Bantayog ng mga Bayani. January 18, 2017. Archived from the original on December 29, 2017. Retrieved May 16, 2021.
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