Against Canadian National CHR: No wrong in persona non grata declaration

CEBU, Philippines - The Commission on Human Rights in Negros Oriental believed there was due process in the Dumaguete City Council’s declaration of a Canadian man as a persona non-grata in the city.

CHR field investigator Jess Canete said Canadian national Marc Cohen submitted a copy of the Council’s letter, dated 22nd of September 2014, requesting for a reply to the allegations hurled against him by Mark Garcia of Silliman University.

Garcia submitted documents as proof of his accusations against Cohen for posting derogatory statements on Facebook against Dumaguete City, early September of last year.

However, instead of making a formal reply, Cohen wrote his denials right on Garcia’s documents and gave the same papers personally to the secretary of the City Council, Arthur Fran Tolcidas, on September 25 last year.

Tolcidas said some, if not all, members of the Council felt insulted and embarrassed by Cohen’s actuations, prompting them to approved on October 8, 2014, a resolution declaring the Canadian persona non-grata.

Cañete said the City Council had given Cohen enough time to controvert or refute the allegations of Garcia, but the Canadian failed to do it properly.

Cohen, in an interview, said the Council made an error in believing Garcia’s allegations and taking these all without verifying facts and examining evidences, as well as failing to give him the opportunity to explain his side.

“They (Council members) made a hasty decision and were misled by somebody,” Cohen said, while admitting to have received a copy of the Council’s letter and Garcia’s documents.

Cohen denied having posted derogatory statements in his Facebook account. “Maybe some people just like to pick me up; maybe somebody got angry with me.”

Tolcidas also clarified that the Council’s declaration has no compelling effects on Cohen’s movements in the city.  “He (Cohen) is even seen going in and out of the city, in business establishments with his dog Happy,” he said.

The declaration was a sentiment of Dumaguete that the Canadian is unwelcome to the city because of what he did, added Tolcidas.

On Cohen’s impending deportation, Cañete said it was not due to the declaration. Cohen himself showed to CHR a  document from the Bureau of Immigration itself, dated last January 12, which was not an order of deportation but with notes on the bottom stating that Cohen is already an overstaying alien.

The BOI denied Cohen’s request for an extension of his stay, and Cañete advised instead the Canadian to file for a reconsideration from the bureau, with the help of a lawyer.  (FREEMAN)