SENATORIAL CANDIDATE
16. COLMENARES, NERI
MAKABAYAN

Neri Colmenares, 62, is a veteran human rights lawyer and activist who was detained for four years when the Philippines was under Martial Law.

In 2018, he filed the second petition accusing President Duterte of murder and crimes against humanity before the International Criminal Court on behalf of eight victims of the “war on drugs". He was also a co-petitioner in one of the 37 constitutional challenges to the Anti-Terrorism Act of 2020.

Colmenares served as Bayan-Muna representative in the lower house from 2007 to 2016. In 2009, he helped form the Makabayan bloc (or Makabayang Koalisyon ng Mamamayan), composed of socio-civic party-lists including Bayan Muna, Gabriela, Anakpawis, ACT Teachers and Kabataan.

As Bayan-Muna representative, he championed senior citizens' welfare, a genuine agrarian reform program for farmers, higher wages for laborers and protection of human rights. He played a role in impeachment cases against Presidents Benigno Aquino III, Gloria Macapagal Arroyo, former Chief Justice Renato Corona and Ombudsman Merceditas Gutierrez.

Colmenares launched two prior unsuccessful bids for senator in 2016 and 2019. For the 2022 polls, his senatorial bid is endorsed by the opposition 1Sambayan coalition. Colmenares is also part of the Senate slates of Sen. Manny Pacquiao and labor leader Leody de Guzman.

The Makabayan bloc, meanwhile, has endorsed the tandem of Vice President Leni Robredo and Sen. Francis Pangilinan, an alliance that Colmenares says is based on their unified position on the pandemic response as well as uplifting the lives of workers, farmers, the marginalized and indigenous people. The alliance is similarly founded on environmental issues, human rights, real peace, and sovereignty in the West Philippine Sea.

Platform and Policy
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The candidate's top priorities if elected to office, tracked against previous promises and accomplishments, if any

Select a policy profile below to view more details
 
Upholding justice, human rights, and democratic institutions
 
Holistic COVID-19 response
 
Free public health care
 
Improve quality of living
 
Senior citizens welfare
Related Policy Proposal:
  1. Provide relief to victims of human rights violations under the Duterte presidency
  2. Prosecute the anomalies during the pandemic
  3. End EJKs and other human rights violations
  4. Permit the investigation by the ICC and UN Human Rights Council
  5. Restore the GRP-NDFP peace talks to address the root of armed conflict
  6. Restore ABS-CBN franchise
Previous Platform:

As part of his advocacy, he is a member of MANLABAN sa EJK coalition of lawyers
Track Record / Accomplishment; Date:
  1. Represents activists and families of eight victims of Duterte’s war on illegal drugs in the complaint filed before the ICC
  2. Challenged the constitutionality of the Anti-Terror Act before the SC
  3. Passage of the SOGIE Equality Bill and the Human Rights Defenders Protection Bill
Deviation from Previous Platform:

Related Policy Proposal:
  1. Treat the pandemic as a public health emergency, not a peace and order issue
  2. Free mass testing, vaccination, and contract tracing systems
  3. Aid for those affected by the pandemic - P10,000 for people who lost jobs, P15,000 subsidy for farmers and fisherfolks
  4. Support for community pantries and other forms of assistance
  5. Strengthen existing healthcare systems
  6. Provide proper salaries, protection, and benefits for healthcare workers
  7. Provide social aid for workers, farmers, fisherfolks
  8. Safe return of the transportation systems
Previous Platform:

Track Record / Accomplishment; Date:

Deviation from Previous Platform:

Related Policy Proposal:

Free hospitalization, consultation, medicine and other necessary medical operations including kidney transplant and chemotherapy for the poor
Previous Platform:

Track Record / Accomplishment; Date:

Proposed prohibition of privatization of public hospitals, public health facilities and public health services (among principal authors, House Bill 2620, pending with the Committee on Health since Sept 3, 2013)
Deviation from Previous Platform:

Related Policy Proposal:
  1. National living wage
  2. Eliminate endo and contractualization
  3. Strong local industries to increase jobs
  4. True agrarian reform and support for farmers, for sufficient and affordable food supply
  5. Free or affordable housing for the poor
  6. People’s green new deal, for sustainable development
Previous Platform:

In 2019, he promised to:
  1. Pass a law banning contractualization;
  2. Push for a national minimum wage
  3. Seek the repeal of value-added tax on oil products, electricity and water
Track Record / Accomplishment; Date:

Deviation from Previous Platform:

Related Policy Proposal:

Pension for all Filipino senior citizens, P1000/day
Previous Platform:

In 2016, he promised to work on convincing his colleagues in the House of Representatives to override Aquino’s veto on the proposed law seeking to increase the monthly pension of SSS pensioners by P2000

In his 2019 senatorial bid, he denounced the SSS Rationalization Act which allowed the increase of contribution to 12% from 11%
Track Record / Accomplishment; Date:

In 2017, President Duterte approved the P1000 increase in benefits of pensioners of SSS
Deviation from Previous Platform:

Major Accomplishments
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The candidate's top five accomplishments and contributions for the last 15 years or so


Public Office


As Bayan Muna representative for three terms in the lower house, Colmenares principally authored three laws. Another 20 bills he filed were substituted by subsequent House bills, three of which were enacted into law. He also served as senior deputy minority leader during the 16th Congress.


Colmenares played a key role in solidifying the progressive groups in the House of Representatives. In 2009, the Makabayan coalition emerged as a significant alliance of activists and civic groups representing marginalized sectors.


During both the Arroyo and Benigno Aquino administrations, Colmenares stayed on the opposition side. He was part of the prosecution teams in the impeachment cases against President Arroyo in 2009, against Ombudsman Gutierrez in 2011 and against Chief Justice Corona in 2012.


He also endorsed the first of two impeachment complaints against President Aquino for culpable violation of the Constitution, graft and corruption, and betrayal of public trust involving the Disbursement Acceleration Program, while Bayan Muna, GABRIELA, and Kabataan successfully challenged the constitutionality of the same stimulus program.


In 2016, Colmenares and the Makabayan bloc initially supported President Rodrigo Duterte’s administration, partly due to Duterte’s progressive campaign promises which included the resumption of peace talks with the National Democratic Front, the release of political prisoners, ending contractualization and increased support for farmers. They also partially supported the administration because Duterte's landslide victory appeared to be a repudiation of what the coalition called the “elitist” Aquino administration.


Makabayan dropped its support in September 2017 after promised peace talks with the NDF fell through and Cabinet appointees supported by the coalition were denied confirmation; the brief alliance helped the passage of key legislation such as the Free Tuition Law, according to Makabayan. Condemning what it called the anti-people agenda of the Duterte administration, the Makabayan bloc joined the Liberal Party-led minority in the House of Representatives in 2018, which was previously part of the supermajority led by ousted Speaker Pantaleon Alvarez.


Since then, Colmenares, current and former Makabayan bloc members, along with other key opposition figures have often been baselessly and dangerously linked to communist rebels by a number of government officials, particularly the spokespersons of the National Task Force to End Local Communist Armed Conflict — a practice referred to and condemned as red-tagging.


Colmenares, other activists, journalists and political analysts decried the red-tagging efforts, including Solicitor General Jose Calida’s pinpointing of Colmenares and other progressive groups during the oral arguments on the constitutionality of the Anti-Terrorism Act and then-spokesperson Antonio Parlade’s admission that the NTF-ELCAC was surveilling Colmenares.

Republic Act No. 10639, or the Free Mobile Disaster Alerts Act
Read More

Position/Date
Principal author, 2014
Status
Approved by the president on June 20, 2014
R.A. No. 10653
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An Act Increasing the Ceiling for the Total Exclusion from Gross Income of 13th Month Pay and Other Benefits to P70,000, amending Section 32(b)(7)(e) of the National Internal Revenue Code of 1997, as amended
Position/Date
Among the principal authors, 2014
Status
Approved by the president on Feb 12, 2015
R.A. No. 10862, or the Nutrition and Dietetics Law of 2016
Read More
Position/Date
Among the principal authors, 2015
Status
Approved by the president on May 25, 2016
Impeachment prosecution team
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Member of the House of Representatives prosecution team in the impeachment of former Chief Justice Corona
Position/Date
As part of the prosecution team in the impeachment trial in the Senate, 2012
Status
Corona, by a guilty vote of 20 senators, was convicted of the charge under Article II (Failed to disclose to the public his statement of assets, liabilities and net worth as required under the Constitution, constituting betrayal of public trust and/or culpable violation of the constitution) and was removed from office
Impeachment complaint against Ombudsman Gutierrez
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Endorsed an impeachment complaint against Ombudsman Gutierrez and acted as counsel of the impeachment complaints in the House of Representatives and appointed as one of the prosecutors in the trial in the Senate
Position/Date
As counsel of the impeachment complaints, 2011
Status
Gutierrez resigned on Apr. 29, 2011, before the impeachment trial in the Senate began

Private Sector


Before and after his tenure as Bayan Muna representative, Colmenares represented petitioners and argued before the SC in numerous cases involving constitutional challenges of executive orders and laws, such as the Visiting Forces Agreement, the custody of Daniel Smith in the Subic rape case in 2008, the Panganiban formula on the Party-List system, President Arroyo’s Executive Order 464 and Emergency Rule under Proclamation 1017 and the Public Assembly Act and the Calibrated Preemptive Response.

He has also filed petitions on behalf of private citizens challenging the validity of government contracts.

Recently, Colmenares appeared before the SC as one of the 13 lawyers handpicked to argue the constitutional challenges brought by the 37 groups of petitioners against the Anti-Terrorism Act of 2020.

Colmenares is also a legal writer, educator and lecturer on Mandatory Continuing Legal Education courses, through the National Union of People’s Lawyers.

Petition against the Anti-Terrorism Act
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Filed a petition assailing the constitutionality of the Anti-Terrorism Act of 2020 and was selected to appear and argue before the SC, focusing on whether the provisions penalizing threats, planning, inciting to terrorism; surveillance under the law; and house arrest, are unconstitutional
Position/Date
Petition filed in February 2021
Status
On Dec. 9, 2021, the SC upheld the validity of all but two portions of two provisions of the Anti-Terrorism Act. Senator Panfilo Lacson, author and principal sponsor, has said that the ruling is a win for him and other supporters of the law. Addressing criticism of the measure, he previously vowed dogged oversight over its implementation and said he would join protests on the streets if the law was ever abused.
ICC case against President Duterte
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Filed a complaint before the ICC, on behalf of the families of eight victims of the “war on drugs” and accusing President Duterte of murder and crimes against humanity
Position/Date
Petition filed on Aug. 28, 2018
Status
Earlier in 2021, Duterte stated that ICC investigators will not be allowed to enter the Philippines.

On Nov. 10, 2021, the Philippine government filed a deferral request with the ICC, based on the principle of complementarity, manifesting its intention to pursue the prosecution of cases filed or will be filed against erring police and others within local jurisdiction, or about 6,000 cases that the DOJ will begin to review.

The ICC has temporarily suspended its probe while assessing the scope and effect of such deferral request. Such delay has dismayed activists, urging the ICC to not allow a blatant ruse to further deprive victims and their families of a judicial recourse that domestic investigation by Duterte allies will never fully permit.
Petition against the TRAIN Law
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Represented the lawmakers who filed for the suspension of the Tax Reform for Acceleration and Inclusion or TRAIN Law, arguing that the law was approved without a quorum which constitutes grave abuse of discretion and violates the Constitution
Position/Date
Petition filed in January 2018
Petition against mining rights renewal
Read More

The indigenous Tuwali Ifugao of Didipio, Kasibu, Nueva Vizcaya submitted their petition to stop the renewal of OceanaGold mining. Colmenares, as a lawyer, referred the petition to the Special Procedures of the UN Human Rights. The company’s operations were then halted.
Position/Date
2019
Status
In 2021, Duterte approved the renewal of the company’s contract, allowing them to operate for 25 years more.

In January 2022, Colmenares conducted a People’s Consultation with the municipal officials of Kasibu.
Petition against loan agreement for Chico River Pump Irrigation Project
Read More

Among the petitioners before the SC who asked to declare the US$62,086,837.82 Preferential Buyer's Credit Loan Agreement on the Chico River Pump Irrigation Project as unconstitutional, illegal and void.
Petitioners contest the validity of:
  1. An express waiver of sovereign immunity over the Philippine’ patrimonial assets in favor of a foreign government
  2. In case of conflict, the use of a “Chinese arbitration tribunal officiated by Chinese arbitrators using Chinese laws”
  3. The agreement’s confidentiality clause violative of 1987 Constitution

Petitioners also sought the issuance of a temporary restraining order
Position/Date
Petition filed on Apr. 4, 2019
Status
On Apr. 10, 2019, SC en banc ordered the government to answer on the suit, but refrained from issuing a TRO

Four other cases (please refer to the Appendix below)

Actions and/or Proceedings
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Actions and/or proceedings pending against or resolved in courts or tribunals involving the candidate, based on publicly available information


Resolved Actions and/or Proceedings

Subject Matter Relevant Dates Accrued Liability Status
CIDG filed a kidnapping complaint against Colmenares and other known activists for the disappearance of AJ Lucena, a senior high school student from FEU

He was also charged with violation of Anti-Trafficking Laws and Protection of Children for abducting and recruiting students into joining activist groups
Complaint filed on Aug. 1, 2019 None Dismissed for lack of probable cause on Oct. 15, 2020

CIDG’s petition for review was denied by the Department of Justice on June 2, 2021
Political detainee during Martial Law, imprisoned and tortured for four years late 1970s - early 1980s None Released
Statement of Assets, Liabilities and Net Worth
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Also known as SALN, this document is a declaration of one's personal finances. Philippine Law requires the SALN to be submitted by all public officials and employees to the Ombudsman. Public officials and employees may opt to voluntarily disclose their SALN to the public.

Assets
P 3.4 million
Liabilities
P 835,981.4
Net Worth
P 2.6 million

* As of Apr. 30, 2016

Campaign Details
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Key details about the candidate's campaign

Alliances and Endorsements:
  1. Included in the senatorial slate of Manny Pacquiao and Lito Atienza
  2. Included in the senatorial slate of Leody de Guzman and Walden Bello
  3. Endorsed by 1Sambayan opposition coalition
Party History:
Bayan Muna
2009-2016
Makabayan
2016-present
Major Donors
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Candidate's major donors and campaign funding sources

There is no publicly available information on this matter at this time. Requested information from the candidate was not provided.
Major Advocacies
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The candidate's top advocacies in the last 15 years or so

 
Pension increase
 
Genuine agrarian reform program
 
Protection of human rights
 
End contractualization
 
West Philippine Sea rights
Pension increase
As Bayan Muna representative (2007-2016):
  1. Colmenares and Rep. Carlos Zarate (Bayan Muna party-list) filed HB 00175 aiming to increase the current SSS pension rate to make it more responsive to the basic needs of the pensioners
  2. Colmenares and Zarate filed HB 00180 seeking to create the Barangay Pension Fund to provide pension benefits to all barangay officials
Position/Date
Status
  1. HB 00175 was substituted by HB 05842 and was subsequently vetoed by President Aquino on Jan 12, 2016
  2. HB 00180 is still pending with the Committee on Local Government since July 23, 2017
Genuine agrarian reform program
As Bayan Muna representative (2007-2016):
  1. Principal author of HB 03672 prohibiting and penalizing the deputization of any unit of the AFP and/or any of its para-military groups for law enforcement duties in labor and agrarian disputes
  2. Filed HB 00417 to conduct an inquiry, in aid of legislation, into the alleged highly questionable land survey of Hacienda Luisita, Inc
Position/Date
Status
  1. HB 03672 is still pending before the Committee on National Defense and Security since Jan. 20, 2014
  2. Referred to the Committee on Agrarian Reform and has been pending since Dec. 16, 2013
Protection of human rights
  1. Filed HB 01472 (An Act Defining Certain Rights Of Human Rights Defenders and Providing Penalties for Violations Thereof in Implementation of the 1998 U.N. Declaration on the Rights and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights or Otherwise Known as the UN Declaration on Human Rights Defenders)
  2. Among co-authors of HB 5379 for the protection of the rights of human rights defenders
  3. Part of a national association of human rights lawyers
Position/Date
Counsel, 2018, and as senatorial candidate in 2021-2022
President, National Union of Peoples’ Lawyers
Status
  1. Pending with the Committee on Human Rights since July 29, 2013
  2. House Bill 10576, the Human Defenders Protection Act, was passed by the lower chamber on Jan. 17, 2022. The similarly titled Senate Bill 179 has been pending at the committee level in the Senate since July 24, 2019
End Contractualization
Position/Date
As Bayan Muna representative, 2007-2016, and as senatorial candidate in 2016, 2019 and 2022
Status
West Philippine Sea rights
  1. Gather international community support
  2. Unite with countries in territorial conflict with China such as Vietnam, Malaysia and Brunei
  3. Demand demilitarization in the West Philippine Sea through the United Nations
Position/Date
As a senatorial candidate, 2021-present
Personal Details
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Basic information on the candidate's family, background and work experience

Name to appear on the ballot: COLMENARES, NERI
Full Name: Neri Javier Colmenares
Birthdate: Dec. 4, 1959 (62 years old on election day)
Birthplace: Bacolod City, Negros Occidental
Residence: NA
Religion: NA
Languages Spoken: Filipino, English
Parents:
    Rene Colmenares
    Lolita Javier
Siblings: NA
Marital Status: NA
Children: NA
Education:

• Bachelor of Laws, University of the Philippines, 1996

• AB Economics, San Beda College,1990

Work Experience:

• Co-chairperson, Makabayan

• Senior Deputy Minority Leader, 16th Congress, 2013-2016

• Bayan Muna Party-List Representative, House of Representatives, 2007-2016

• Chairperson, Bayan Muna

• Legal Officer, National Amnesty Commission,1996-1999


• Associate, University of Melbourne

• Visiting Fellow, Australian National University

• President, National Union of People’s Lawyers

• Bureau Member, International Association of Democratic Lawyers

• Vice President, Confederation of Lawyers in Asia and the Pacific

Appendix
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Learn more about this candidate

The candidate's top five accomplishments and contributions for the last 15 years or so


Private Sector

Led the filing of a petition to declare the loan agreement for the $211 million Kaliwa Dam as illegal and void
Read More
Position/Date
May 2019
Status
On September 2021, the 2020 audit report of the Commission on Audit revealed that the Kaliwa Dam was continued even without permits from the National Integrated Protected Areas Systems Act and the National Commission on Indigenous Peoples
Led the filing of a petition in the SC to declare Meralco’s P26 Billion deposit illegal, void, and refundable to consumers
Read More
Position/Date
April 2019
Status
In August 2019, the SC ordered Meralco to comment on the petition
Petitioners from establishments in Maginhawa Street, Quezon City led by Colmenares
Read More

Filed a petition asking the Metropolitan Manila Waterworks and Sewerage System’s Regulatory Office to rebate to customers all fines imposed on Manila Water affected by service interruptions


Position/Date
May 2019