AMERICANS in civilian uniform but claiming to be members of the US military tried to barge inside a shuttered steel factory inside the PHIVIDEC Industrial Estate in Misamis Oriental last August 19, allegedly to conduct an “inspection” but was prevented from entering the facility by an alert contingent from the Philippine Army.
A report filed by a security guard from the Philippine Sanjia Steel Corporation right after the incident at the Tagoloan Municipal Police Station said that past 10:00 AM of the same day, “several American soldiers” accompanied by “personnel” from the PHIVIDEC management arrived at the company compound “stating they intended to conduct an inspection of the site.”
Photos taken during the surprise, unauthorized and unannounced visit showed the Americans arriving on board several vans.
However, alert members of the Philippine Army assigned to guard the premises refused them entry after the group failed to present “any permit or authorization to conduct the intended inspection.” Failing in their mission, the group then left the premises.
The incident was the first documented attempt by the US military to force its way inside a facility that is now the subject of a diplomatic row between China and the Philippines and shows the extent of America’s influence and control on Philippine domestic affairs.
It can be recalled that last May 15, Defense Secretary Gilberto Teodoro personally led in the raid of the Sanjia Steel factory using Filipino soldiers and the Presidential Anti-Organized Crime Commission (PAOCC) headed by former Philippine National Police (PNP) chief, PGEN. Benjamin Acorda.
Teodoro cited “national security,” violation of Philippine immigration and labor laws, and violation of Philippine product standards involving the use of “hazardous” (radioactive) materials. in justifying the operation.
He also insisted the factory is actually owned by Tony Yang, brother of former Duterte adviser Michael Yang, who is being linked to various criminal activities, from online gambling (POGO) to drug smuggling.
The PAOCC also claimed the raid was based on two court-issued search warrants issued by the Misamis Oriental Regional Trial Court.
No longer connected to Tony Yang
In a social media post on May 22, Atty. Julian Chu, company lawyer, debunked the claims of Teodoro and the PAOCC while also claiming that the human rights of her clients were grossly violated by the government.
She noted that as of her posting, they were yet to see a copy of the search warrant. “Further, personnel from the government barged into multiple offices, broke doors, and directed employees to surrender company property.
“Again, we stress that our lawyers were not given copies of the purported search warrants at this time.”
Chua also claimed the personal cellphone of those arrested were taken away that denied them immediate access to their families and counsel.
She also conceded that while Tony Yang is a previous shareholder in the company, “he had fully divested his shareholdings and for the last several years (and) has no longer been affiliated or involved with the company in3 any way, whether as a shareholder, director, officer or beneficial owner.”
Gross violation of human rights?
While some of the company’s employees were released after more than 13 hours in detention, 69 Chinese nationals and one Filipino were bundled off inside a military plane and transported to the New Bilibid Prison in Muntilupa for further detention.
In his post at the Chinese Embassy social media page on August 22, Li Jinpeng, Embassy spokesperson, said their citizens detained by Philippine authorities were “treated like animals.”
“Those 70 Chinese workers complained to the Embassy they were crammed into 5-square-meter cells, with an average of 13 people confined in such a small space.
“They were deprived of the basic human rights of sleep and treated as animals.”
Li also alleged that despite repeated official communication, it was not until May 28 that the relevant Philippine authorities delivered its reply to the Embassy with the reply dated July 19.
The incident was the first documented attempt by the US military to force its way inside a facility that is now the subject of a diplomatic row between China and the Philippines and shows the extent of America’s influence and control on Philippine domestic affairs.
He also disputed the claim by Acorda that Filipino workers were deprived of basic protection at the factory floor while the Chinese were not and hinted that the photos circulated by the government ware stage-managed to support the official narrative.
“Why were three Chinese workers instructed by law enforcement officers to put on the COVID style PPE and pose for photographs during the raid, which were subsequently used for extensive publicity,” also asked.
“We fully agree that cooperation must be ‘based on mutual respect.’
“But where is the respect when we sent three letters to the Philippine authorities and received no response at all?
“In those letters, we expressed serious concerns about the legitimate rights and interests of the detained Chinese workers and requested consular notification and access.
“Where is respect when we provided copies of the passports and valid working visa and permits of all the 70 Chinese worker and heard nothing from relevant Philippine authorities?
“Where is the respect when we repeatedly state that the Embassy fully respects the Philippines’ judicial sovereignty, yet certain Philippine institutions and individuals continue to falsely accuse China of interference and mislead the public?
“Isn’t this ‘disregard for diplomatic decorum,’” Li further asked, as he claimed that Chinese nationals have been “targeted for political, selective, or discriminatory reasons” by Philippine authorities.
Basis for raid fail to pass judicial scrutiny
Li also said that their duty to provide consular assistance to their nationals should not be seen as
interference in the Philippines’ domestic affairs, a challenge to its judicial sovereignty, or an attempt to cover up any illegal activities, as Secretary Teodoro is now doing.
Despite the unceasing anti-China campaign by some Philippine officials related to the May 15 raid, the Department of Justice (DOJ), which reviewed the indictment, ordered those detained release on May 28 pending further investigation.
In a related ruling last July 30, the DOJ dismissed the charges, “for lack of prima facie evidence with reasonable certainty of conviction.”
The National Bureau of Investigation (NBI), meanwhile, was ordered to conduct further investigation of the incident.