The recent raid of Stampede Bar along Don Juico Avenue, Malabanias, Angeles City brings so many issues.
Minors being employed in entertainment bars, freedom of information vis-à-vis the rights of the minors to be protected, the issue on NBI agents doing raids of bars on mere complaints, suppression of information, and violations of privacy and protection of minors.
This started when Bernard Galang, a reporter and lensman of People’s Tonight, a national tabloid, complained of kidnapping, robbery and harassment when NBI agents doing the raid saw him taking pictures of the incident.
According to Galang, the agents grabbed him while he was taking pictures after the raid, brought him inside the NBI van, erased memory in his camera and made threats on him despite the fact that he introduced himself as a media practitioner.
Atty. Ric Diaz, the NBI-Central Luzon Region Director, apologized for the incident and promised to make an investigation. However, we can cull from his statement that he would absolve his own men from any abuses.
In Diaz’ interview, he mentioned that the raid was legitimate, being an NBI action on the complaint of Kamalayan Foundation against human trafficking (use of minors in prostitution); that Galang took photos of the alleged minors after the raid without any consent and against the law that violates their privacy.
That it was Kamalayan Foundation and the employees of Stampede Bar who requested Galang to delete the photos from his camera.
Diaz even lectured that while he supported press freedom, it should not be “misused or abused as to infringe on the human rights of others.”
We cannot deny that there are bar operators in Angeles City who violate the law by employing minors to allure customers. This is not only prevalent in Angeles City but nationwide.
However, there are also instances wherein bar owners and managers are not aware of the employment of minors considering the admission of the NBI that these minors are faking their employment papers – submitting fake NSO birth certificates, fake ID’s and fake dental records.
Some even fake their names and assume a different person to lie on their age. Hence, NBI would base the age of the girl thru dental examination of their molars. As per the view of NBI, an erupted molar means that the girl is no longer a minor.
However, if this is indeed the basis, all the NBI has to look are the City Clearances/Working Permits of these girls given by the City Health Department that examines on the girls regularly.
I am sure that before the local government would grant the clearance/permit to work, the Health Department had already checked on their molars. It seems that the NBI does not take the local permits/health clearance seriously… and this is a slap on the face of the local government.
As it turned out, no one among those “rescued” at Stampede Bar appeared to be a minor. Hence, no charges have been filed despite the damage done to the establishment, the girls, and the city’s reputation.
In this case that the complaint turned out to be untrue, what would be the remedy of the bar owner? To take this for granted as if it did not happen? I believe that a proper complaint for damages against the complainants can be properly filed for the malicious complaint that it filed with the NBI. Imagine the lost of income for a day or a week or months?
Consider also the anxiety and the besmirched reputation that it will bring to the bar owners. The NBI agents can also be charged with administrative actions should it turn out that they abused their powers and functions.
At worst, should the raid be without any search warrant issued by the court, an appropriate criminal action should be pursued against the complainants and the NBI agents.
I also wonder if the minors indeed used fake employment records when they secured health clearances and working permits and that the bar owners are not aware of these despite due diligence?
Definitely, this would be a good defense in the criminal case for human trafficking that shall be filed against the bar owners and managers.
However, the crime being non-bailable, they have to languish in jail for years before they are acquitted. Bar owners should be very vigilant on these fake documents and should not rely on mere NSO Birth Certificate.
To be sure, ask the girls to apply for a Philippine Passport as the proper evidence of identity and age.
Regarding the suppression of the media in covering the event, the NBI agents defended Galang’s arrest by stating that he was not able to show proper identification.
This is not actually a defense because any person, whether from the media or not, can take pictures of the incident as it unfolds and has the right to report the matter to the media and other enforcement authorities.
The NBI agents also said that the Kamalayan Foundation and the employees of Stampede Bar were the ones who requested Galang to delete the pictures in his camera. I don’t believe this, I’m sorry. Director Diaz even said that privacy of the minors has to be respected, hence, their pictures cannot be taken without their consent.
Diaz should be lectured that publication of the names and faces of minors involved in this kind of incident in any form of media is the one that is prohibited by law.
Taking of pictures or video of incidents involving trafficking of minors is not prohibited. What is prohibited is the publication of these pictures and videos without appropriate protection employed by the publisher to maintain the anonymity of these minors.
Hence, there is no point for Diaz to discuss suppression of press freedom vis-à-vis the protection of minors. He is a lawyer and he should know his law. The arrest of Galang is simply an insult on the role of the media.
While I commend the cleansing of the entertainment industry in Angeles City and the rest of the country by getting rid of human trafficking and prostitution, we should bear in mind that everyone must be afforded due process in enforcing the laws of the land. Raids should not be used as mere pa-pogi points for the NBI, or for the solicitation of additional funds of any foundation.
They should be carried out with proper respect to human rights of everyone involved.
