Human Rights Violaters in the Philippines
www.humanrightsviolaters.com
Website Launch Date: August 1, 2012
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Phone 1-480-310-7970 (USA)
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Phillip Fry's Letter of March 14, 2012, To Philippines Immigration Commissioner Ricardo A. David, Jr., Philippines Congress Representative George P. Arnaiz, and Catherine Morin Sy Asking for the Lifting of the Philippines Immigration Blacklisting of Fry

March 14, 2012

The Honorable Commissioner Ricardo A David, Jr.
Bureau of Immigration
2nd Floor Bureau of Immigration Bldg.
Magallanes Drive, Intramuros, Manila, Philippines
Email: 
binoc_immigration@hotmail.ph
FAX:  632 527-5655

The Honorable George P. Arnaiz
Representative, Negros Oriental, 2nd District
Provincial Capitol, Dumaguete 6200
Negros Oriental, Philippines
FAX: 63-35-225-4835

Catherine Morin Sy
Poblacion Mabinay
Mabinay 6207, Negros Oriental, Philippines
Email: 
inspectorcathy@yahoo.com

Re:  My request to you to lift Catherine Sy’s and your wrongful human rights violation of blacklisting me as “undesirable alien”
(Black List Order Number: RADJR11-384), which was done in your personal capacity and not in your official capacity, by March 21, 2012, so that all three of you can avoid a comprehensive, well-founded human rights lawsuit against each of you personally in your individual capacity and not your official capacity in the U.S. Federal District Court, Phoenix, Arizona.

Dear Commissioner David, Congressman Arnaiz, and Ms. Sy,

Commissioner David, you, in conspiracy with Congressman Arnaiz, and Catherine Morin Sy (for whom Congressman Arnaiz is her godfather according to Sy), a Filipino, have intentionally and wrongfully violated my human rights (Phillip Scott Fry, an American citizen), in your personal (including godfather capacity for Congressman Arnaiz) capacity and not in your official capacity, WITH NO NOTICE TO ME AND NO DUE PROCESS OF LAW, by your collective conspiracy and wrongful immigration blacklisting of me
(Black List Order No.: RADJR11-384) as an undesirable alien---thus preventing me from entering into, and being in, the Philippines to visit my three young (ages 8, 14, and 16) Americana-Filipina daughters (Heather, Nicole, and Valerie Fry),  all of whom live in Mabinay, Philippines, with their mother, my former wife.  

In addition, your banning prevents me from effectively managing and benefitting from the real estate buildings I own in Mabinay, Negros Oriental.

Because I am already 68 years old and a cancer survivor, my time on this earth to be with my children is limited.  I appeal to your humanitarian concern to do the right thing by allowing me to visit the Philippines on a regular basis so that I can be with my three loved Filipina daughters.
                                                                     
Catherine Sy’s motivation for my wrongful immigration blacklisting is that she is a non-paying, defaulted tenant of my Econotel guest inn hotel (I own the buildings and my Filipina fiancé owns the land) in Mabinay, Negros Oriental, Philippines.  She was served with a notarized termination of lease/eviction notice in June, 2011, but she refuses to leave the property. In addition, she owes me hundreds of thousands of pesos in various documented, written, and notarized personal debts to me. By blacklisting me, Ms. Sy seeks to avoid being evicted from the guest inn and to avoid paying her lawful, large debts to me. 

After the conclusion of the February, 2012, Mabinay poblacion barangay captain’s hearing about Cathy Sy’s eviction and non-payment of her huge debts to me, Ms. Sy told my representative that she would lift Phillip’s blacklisting only in exchange for my allowing her to stay as the tenant of the guest inn and my cancellation of all of her debts to me.  This  exploitation of Philippine immigration laws personally by Commissioner David, Congressman Arnaiz, and Ms. Sy is simply and well exemplified by this saved Feb. 5, 2012, Yahoo email message from Catherine Sy (
inspectorcathy@yahoo.com) to myself (envirodangers@yahoo.com): “ I have the authority to lift your blacklisting if I wated to, but i must have to have a good reason.” Wow, she personally has the authority to control blacklisting by the Philippines Immigration Bureau!---and yes, she does have the illegal authority because of collusion with both the Immigration Commissioner and her godfather Congressman.

Over the past two years, Ms. Sy told me several times that she could have me blacklisted at anytime by simply asking her godfather Congressman Arnaiz to do so through his personal connection with the Immigration Commissioner.


The ability of individuals to complain about and sue human rights violators personally such as yourselves for the violation of their human rights brings real meaning to the human rights contained in the human rights treaties such as the Universal Declaration of Human Rights (adopted in 1948) and the International Covenant on Economic, Social, and Cultural Rights (1966), both of which have been signed and ratified by both the Philippines government and the US government.  Article VI of the U.S. Constitution incorporates ratified treaties as part of “the supreme Law of the Land.”
                                                                    
Your collective blacklisting of me is in violation of the following US treaty provisions:

1. The Universal Declaration of Human Rights proclaims, among others, these human rights:

     Article 2:  Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
                                                                        
     Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination

     Article 9: No one shall be subjected to arbitrary arrest, detention or exile.

     Article 12: No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

     Article 17: (1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property.

     Article 20: (1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be compelled to belong to an association.

2. The International Covenant on Economic, Social and Cultural Rights proclaims, among others, these human rights:

     Article 10 of the Covenant recognises the family as "the natural and fundamental group unit of society", and requires parties to accord it "the widest possible protection and assistance."

     Article 13 forbids the arbitrary expulsion of resident aliens and requires such decisions to be able to be appealed and reviewed.

In addition to your personal violation of the above treaty provisions, your actions are in direct violation of the Philippines Family Code, which provides as follows:
                                                                       
     Art. 209. Pursuant to the natural right and duty of parents over the person and property of their unemancipated children, parental authority and responsibility shall include the caring for and rearing them for civic consciousness and efficiency and the development of their moral, mental and physical character and well-being.
     Art. 211. The father and the mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.
     Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties:
(1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means;
(2) To give them love and affection, advice and counsel, companionship and understanding;
(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship;
(4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;
(5) To represent them in all matters affecting their interests;
(6) To demand from them respect and obedience;
(7) To impose discipline on them as may be required under the circumstances; and
(8) To perform such other duties as are imposed by law upon parents and guardians.

If you fail to grant my urgent request to you to lift Catherine Sy’s and your wrongful and human rights violating “undesirable alien” blacklisting (“undesirable alien”) of my entering and being in the Philippines
(Black List Order Number: RADJR11-384) by March 21, 2012, all three of you will be sued in a comprehensive, well-founded human rights lawsuit against each of you personally  in your personal capacity, and not in your official capacity, in U.S. Federal District Court, Phoenix, Arizona (because I am an Arizona resident within that court’s jurisdiction).
                                                                     
Commissioner David and Congressman Arnaiz, because you are both legally-trained and oriented, you may think that you cannot be sued personally in the USA because of the U.S. Foreign Sovereign Immunities Act of 1976 (FSIA). The U.S. Supreme Court ruled in 2010 that individual foreign government officials do not fall within the scope of FSIA immunity from lawsuit in U.S. courts. See the court’s decision at Samantar v. Yousuf, 130 S.Ct. 2278 (2010).
                                                                      
In addition, the violation of well-established international human rights recognized in both the Philippines and the USA, as you have done in my case, in your personal capacity, is beyond, and outside of, your official capacity duties (and therefore unprotected by sovereign immunity) and
                                                                 
thus makes you liable for the legal and financial consequences of your human rights violations
committed against American citizens such as myself.

In addition, government employees become personally liable legally for human rights violations in their personal capacity by direct participation, failure to remedy wrongs after learning about the wrongs, or gross negligence in managing subordinates who cause the human rights violations

In case you think that the high cost of lawyers in America would deter me from suing you about your violation of my human rights, think again.  Unlike the Philippines in which litigants must litigate through hiring an expensive attorney, USA individual pro se litigants (such as myself) can file, prosecute, and defend lawsuits without an attorney in both federal and state courts as long as the plaintiff or defendant is the pro se litigant himself pursuing or defending a legal claim on behalf of himself as an individual, and not in any representative capacity.

As parents, each of you would be justifiably very upset if you yourself were the one banned from being in the Philippines and thus unable to be with your children.  By imagining what your own anger and frustration would be like in such a situation, you can understand that I will do everything possible in litigation to be able to enter and visit in the Philippines to be with my three children.  I have legal training (although I am not an attorney) and substantial and successful personal pro se litigation experience in the States.

It’s now up to the three of you to do the right thing. Please email me (in a clear and readable email attachment) Commissioner David’s signed and written lifting of the blacklisting on the official Bureau of Immigration form for doing so to my email address
envirodangers@yahoo.com no later than March 21, 2012.

Thank you for reading this important legal notice to each of you.

Sincerely,

Phillip Fry
P.O. Box 32002
Mesa, AZ 85275, USA
Email: 
envirodangers@yahoo.com 
Phone: 480-310-7970
 

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