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
FAX: 632 527-5655
The Honorable George P. Arnaiz
Negros Oriental, 2nd District
Provincial Capitol, Dumaguete 6200
Negros Oriental, Philippines
Catherine Morin Sy
Mabinay 6207, Negros Oriental, Philippines
Re: My request to you to lift Catherine Sy’s and your wrongful human rights
violation of blacklisting me as “undesirable alien”
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
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
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 (firstname.lastname@example.org)
to myself (email@example.com):
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
1. The Universal Declaration of Human Rights proclaims, among others, these
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
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
(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;
(8) To perform such other duties as are imposed by law upon parents and
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
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
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
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
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
no later than March 21, 2012.
Thank you for reading this important legal notice to each of you.
P.O. Box 32002
Mesa, AZ 85275, USA
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