Saturday, March 10, 2007

CPP risks of being tagged as terror group under new law

By Ronron
March 9, 2007

If the Communist Party of the Philippines – New People’s Army (CPP-NPA) continues its violent activities after July 14, 2007, then it could be tagged officially as a terrorist group under the recently passed Human Security Act of 2007.

The same thing is true for the Abu Sayyaf Group (ASG), the Jeemah Islamiyah (JI), and the Rajah Solaiman Movement (RSM).

Anti-Terrorism Task Force (ATTF) Director for Legal, Public Information and Advocacy Ricardo Blancaflor said all these groups may be declared as “outlawed organization, association, or group” and their members, “terrorist,” under Section 17 of Republic Act 93721 if they commit acts of terrorism as defined therein.

The law takes effect two months after the May 14 elections, or on July 14.

According to the law, terrorism is committed if any of the following are committed by the person: piracy (in general) and mutiny at sea; rebellion or insurrection; coup d’ etat; murder; kidnapping and serious illegal detention; crimes involved destruction; arson; possession and use of toxic substances and hazardous wastes; violation of Atomic Energy Regulatory and Liability Act of 1968; hijacking; violation of Anti-Piracy and Anti-Highway Robbery Law of 1974; and illegal possession of firearms and explosives.

And those should sow and create a condition of widespread and extraordinary fear and panic among the populace, in order to create the government to give in to an unlawful demand.

Under Section 17, entitled Proscription of Terrorist Organizations, Association or Group of Persons, the Department of Justice (DOJ) shall apply or recommend to a Regional Trial Court for the tagging of a person or group of persons as terrorists.

While Blancaflor said it is best to wait after July 14 to see if the CPP-NPA still does its previous violent activities, he admitted that as it is now, “based on their previous actuation,” the group could be proscribed as a terrorist.

“As we have seen, as we have felt, as the whole country have actually been affected, yes,” he replied when asked if the CPP-NPA is a terrorist based on the definition of the new law.

Blancaflor cited the acts of arson, murder, illegal possession of firearms, and the creation of fear and panic by those activities, by the CPP-NPA.

“As we seen many times, if you kill the barangay captain, that creates fear in the community, that’s creating fear and panic. And of course, their illegal demand for subverting the country in itself is an unlawful demand,” he said.
“If they will start coming down from the hills, if they will stop this abusing, condemn their own killings, then there will be no need to tag them as terrorists. But it’s really up to them, to their actuations after July 14,” he continued.

Blancaflor acknowledged that the CPP as of this time is not illegal with the repealing by Congress of the Subversion Law in the late 1980’s.

But members of its armed wing, the NPA, are liable for the crime of rebellion, under the Revised Penal Code (RPC).

Should the government proscribe the CPP as a terrorist organization, its officials and members can then be arrested and detained for at least six months for violating the RPC provision on illegal association, Blancaflor said.

The proscription of the group as a terrorist will then be part of the basis of law enforcers to run after them, even if it has yet to commit terrorist activities.

“Running after terrorists is not just dismantling their groups. We have to understant that terrorism has other elements in fighting it, including prevention, interdiction and preparation… Now, with this law, we have surveillance. With surveillance, we can proceed with the preparation stage. We can get enough information to interdict them, to prevent them from furthering the crime or altogether freeze their account,” Blancaflor explained.

The CPP-NPA has been waging guerilla warfare in the countryside for almost four decades now.

Because of the violent activities of its 7,100 fighters, the European Union and the United States governments tagged the group and its leaders as terrorists in 2004. This development prompted their backing out from the negotiating table with the government for a peace accord in August of that year.

The Armed Forces of the Philippines (AFP), which is tasked to address the insurgency problem in the country, has in itself called the CPP-NPA members as “communist or dissident terrorists.”/DMS

Anti-terror task force will push for amendment of anti-terrorism law

By Ronron
March 9, 2007

The Anti-Terrorism Task Force (ATTF) will seek amendments in the Human Security Act of 2007 once it takes effect on July 14 of this year.

In a press briefing Friday morning at the Department of National Defense (DND) in Camp Aguinaldo, ATTF Director for Legal, Public Information and Advocacy Ricardo Blancaflor said they will push for amendments of Republic Act 93721, specifically on the payment of acquitted terror suspects (Section 50), funding for the involved agencies, and absence of a newsman’s liability during a legitimate coverage of a terrorist activity or planning.

He said the move to amend the law may take place in August or September after the new set of Congressmen and Senators under the 14th Congress is in place.

“I have spoken with some Senators and some Congressmen individually and some of them already expressed (their intention also to amend the law),” Blancaflor said.

On the payment of P500,000 damage for every day that an acquitted terror suspect was held, Blancaflor said: “To me, what is reasonable is P20,000 a day, and a maximum of P2 million.”

The Defense Undersecretary said it may be impossible for any erring law enforcer to pay P182.5 million to an acquitted terror suspect if the latter was detained for one year, especially since the current law does not even indicate any provision of additional funds for its implementation.

Which brings him to the second point – allotting budget for the implementation of the law.

While he finds no necessity to fund the Anti-Terrorism Council (ATC) that will oversee the implementation of the law, Blancaflor said additional funds must be provided to the implementing agencies such as the Philippine National Police (PNP), Armed Forces of the Philippines (AFP), National Bureau of Immigration (NBI), and the Bureau of Immigration and Deportation (BID).

He said an increase in the share for the PNP, AFP, NBI, and BID under the General Appropriations Act (GAA) will be in order.

Finally, after barraged by reporters of their concerns about covering terrorists, Blancaflor said a specific provision that would ensure journalists’ non-liability under such condition may also be inserted in the law.

The reporters he briefed yesterday were apparently not convinced when Blancaflor said: “If you are doing it (meeting terrorists) in a journalistic capacity, then you are not liable as a conspirator or accessory.”

The same is true when Blancaflor said that communications between doctors and clients, lawyers and clients, and journalists and sources are exempted from surveillance activities, under Section 7.

Thus, he requested members of the media to come up with its position paper on the matter so it could be used as basis in crafting a specific provision that would protect the journalist when he or she covers a terrorist activity.

Despite these key points for amendment, Blancaflor said RA 93721 should still be put in effect.

“If you ask me, do you want a better law? The answer is, Yes, of course. But I will not stop working simply because there is no better law. We will be happy with what we have and we will continue to implement the provisions of this law,” Blancaflor said.

The controversial law was signed by President Gloria Macapagal-Arroyo last March 6, 2007./DMS

Friday, March 9, 2007

No problem with wearing uniform, bringing guns in MM – Defense Usec on deployed soldiers

By Ronron
March 8, 2007

A top Defense official maintained on Thursday that there is nothing wrong with soldiers deployed in Metro Manila for civil military operations wearing their battle dress attire (BDA) and bringing their firearms.

This as the deployed troops changed their uniforms two days ago from BDA to General Office Attire (GOA), and were no longer allowed to bring long firearms when on duty in the urban poor and Moslem communities in the capital.

“That is our uniform… When they do their work, they have to be identifiable. And of course, we want our people to appreciate their soldiers… They should look more presentable,” Carolina explained the necessity of wearing the military uniforms.

Armed Forces of the Philippines (AFP) National Capital Region Command (NCRCom) chief Maj. Gen. Mohammad Ben Dolorfino explained that they “voluntarily” changed the uniforms of their soldiers so they will not be “mean-looking.”

As for the firearms, Carolina said it is also important for security purposes. “Not all are armed,” he said.

Dolorfino said the change of the type of firearms to be brought by the soldiers to handguns was done in response to criticisms by various sectors.

“We don’t see any reason to pull them out. I think our soldiers are doing good there and their training is effective,” said Carolina.

The Civil Military Operations (CMO) battalion under the NCRCom has deployed 26 teams of nine to 10 members each to slum and Moslem areas in Caloocan City, Quezon City, Taguig City and Manila City since November of last year to hold dialogues with residents and do community service.

But Gabriela and Akbayan party-list groups complained that the soldiers are being used by government to campaign against them for the upcoming elections.

The military denied this, saying they are out there to just help the peace and order problem in the communities and as part of training of probationary second lieutenants for peacekeeping missions./DMS

Bloated extrajudicial killing figure of Karapatan seen as part of revolutionary effort to topple government

By Ronron
March 8, 2007

The number of extrajudicial killings presented by civilian human rights groups Karapatan is seen by a Defense official as part of the communist movement’s efforts to topple the legitimate government.

In an interview Thursday at his office, Defense Undersecretary and spokesman Ernesto Carolina compared the data-gathering efforts of Karapatan with the Plaza Miranda bombing in Manila City in the early 1970’s, which was perpetrated by the New People’s Army (NPA) but attributed initially to the dictatorial rule of then President Ferdinand Marcos.

“In a communist insurgency, their mission is to topple the government. So they would capitalize on anything just to have a revolutionary situation and make the country look bad,” Carolina told reporters.

Karapatan has reported 835 extrajudicial killings since President Gloria Macapagal-Arroyo rose to power in 2001, perpetrated mostly by alleged government law enforcers and security forces.

But Carolina countered said figure, saying the Philippine National Police (PNP) Task Force USIG only recognized 113 of those cases as legitimate extrajudicial killings. Those excluded were cases of suicide, legitimate encounters and the killing of Abu Sayyaf members at Camp Bagong Diwa, among others, he said.

“This is a clear evidence that they (communist) are really like that – they want to create a revolutionary situation, resort to violence exemplified by the Plaza Miranda bombing,” Carolina said.

A further assessment by the newly-created Human Rights Office of the Armed Forces of the Philippines (AFP), under Lt. Col. Benedicto Jose, revealed only 94 of those cases probably may have been carried out by security forces, said Carolina.

“We are willing to look at that one by one. These are cases that maybe, we should investigate because, probably, security forces are involved (as suspects),” Carolina said.

He said by doing so shows the government, particularly the military, is serious in addressing the problem, contrary to the findings of the Alston Mission and the Melo Commission, and recently, the assessment of the US State Department.

The AFP, said Carolina, was also directed to review its doctrine of command responsibility that resulted in the issuance of a comprehensive set of guidelines on human rights protection.

The AFP has earlier admitted to investigating six extrajudicial killing cases, one of which resulted in the dismissal from the service of the accused soldier. But it maintained that the acts were done by the suspects on their own, and not sanctioned by the military leadership./DMS

Thursday, March 8, 2007

AFP begins to doubt sincerity of entire MILF force following last clash

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PNP investigating reports of six local candidates in Bicol paying permit to campaign fees to NPA

By Ronron
March 7, 2007

The Philippine National Police (PNP) is investigating reports that six local candidates in the Bicol Region have already started paying “permit-to-campaign” (PTC) fees to the communist New People’s Army (NPA).

Region V Police Director Chief Supt. Ricardo Padilla said he has received “raw reports” from their operatives and intelligence agents that six candidates have allegedly given the NPA either money or materials so they could campaign in communist-infested villages in the region.

Padilla, however, refused to identify the six and their locations pending the verification of the reports.

“I am not saying that this is totally true. This might all be wrong. That’s why we are validating this,” Padilla said.

He said that aside from “thousands to millions” worth of money, the candidates also pay the PTC fees in the form of food or firearms.

Upon receipt of this report, PNP Chief Gen. Oscar Calderon ordered a thorough investigation, and warned all candidates at the same time not to give in to the NPA’s extortion activities, PNP spokesman Chief Supt. Samuel Pagdilao, Jr. said yesterday.

In a statement, Pagdilao said Calderon warned that “politicians who “donated” to the coffers of the enemies of the State will face criminal charges for disloyalty punishable under the Revised Penal Code, and as co-conspirators in the crime of rebellion.”

If proven, they will also be subjects of complaint for disqualification to be raised by the PNP to the Commission on Elections (Comelec).

“These candidates do not deserve the mandate of the people because their loyalty to our country and the Constitution is highly questionable,” Calderon said in the statement./DMS

Military troops in MM barangays to stay on election day

By Ronron
March 7, 2007

Members of the Armed Forces of the Philippines (AFP) deployed in slum areas and Moslem communities in Metro Manila will remain there even on election day, May 14, a military spokesman said Wednesday.

“No, they will not be pulled out,” AFP Public Information Officer Lt. Col. Bartolome Bacarro said when asked by reporters in Camp Aguinaldo yesterday.

Bacarro said the civil military operatives may only leave their places of assignment for a few hours if they cast their votes.

But he assured that even if the 260 junior officers and enlisted personnel report on election day, they will not engage in electioneering or in partisan politics as feared by militant groups.

In a separate forum yesterday afternoon at EDSA Shangri-la in Mandaluyong City, Defense Undersecretary and spokesman Ernesto Carolina admitted that the deployment, which began in November of last year, had the prior knowledge of President Gloria Macapagal-Arroyo.

“It is always from the President,” Carolina said when asked who ordered the deployment of soldiers in Metro Manila.

Arroyo was Defense Secretary from December 1, 2006 until January 31st of this year following the controversial resignation of Avelino Cruz, Jr. She eventually turned over the department to Hermogenes Ebdane, Jr.

Told that the Commission on Human Rights (CHR) might step in the controversy to investigate the alleged “urban militarization,” Bacarro said: “Well, that’s good so that we could prove that our soldiers in the barangays are not violating any human rights.”

Bacarro lamented that the issue is being blown out of proportion when it is only the military’s way of helping the local communities in the capital.

“We are not in any way influencing and controlling the day to day activities of the barangays. And as a matter of fact, they (barangay officials) are even happy about it. I don’t know why there is this effort to put a political color on a purely military activity,” Bacarro said.

He said even Commission on Elections (Comelec) Chairman Benjamin Abalos said he is not interfering with the troops deployment, believing “it’s a purely military operation.”

Bacarro disclosed that some of those deployed are actually on training in preparation for their major assignments in the countryside.

But he admitted that this is the first time the young officers’ immersion training is being held in Metro Manila, unlike during his time when they are being deployed in the countryside.

AFP National Capital Region Command chief Maj. Gen. Mohammad Ben Dolorfino had said over the weekend that the troops are being deployed in urban poor areas and Moslem communities in Caloocan City, Taguig City, Quezon City and Manila City.

Dolorfino said the deployment is part of the AFP’s anti-insurgency campaign, meant at addressing community problems that, if unaddressed, may be exploited later by militant groups and use to convince the people to hold mass demonstrations.

Gabriela and Anakpawis party-list groups alleged that some of the deployed troops have been intimidating some residents, and convincing them not to vote against Left-leaning party-list organizations./DMS

Makati court denies Trillanes’ motion to gain media access

By Ronron
March 7, 2007

A Makati City court denied the motion of resigned Navy Lt. Sr. Grade Antonio Trillanes IV to gain media access during the campaign period for the May 14 elections where he is participating as a Senatorial candidate of the Genuine Opposition.

Judge Oscar Pimentel of Makati Regional Trial Court Branch 148 said in his four-page order released Wednesday that Trillanes has to yield to matters “of public concern and interest, which, in this case, are the internal rules of the Marine Brig, where he is detained, and the proceedings of the court, which prohibits subjudice statements.

“Wherefore, premises considered, finding no merit in the Motion for Leave of Court (to Grant Reporters and Other Media Practitioners Free and Full Access to Interview Accused Trillanes at his Place of Detention), the same is hereby denied,” Pimentel wrote.

Trillanes and 30 others are undergoing trial at the sala of Pimentel for the charge of coup d’ etat in relation to their takeover of the Oakwood Hotel in Makati City last July 27, 2003.

He is also facing an Article of War violation charge before a military tribunal over the same incident.

“The accused-movant (Trillanes) knows for a fact that unlike the other candidates, he has a pending case in this Court and he is detained at the Marine Brig,” Pimentel said in the order dated March 5, 2007.

“Noteworthy is the fact that the Marine Brig (at Fort Bonifacio, Taguig City) is housing several other accused in this case and the custodians therein also have to undertake the security, safety and welfare of the other detainees and not only that of the accused-movant,” he added.

Pimentel also said that while he “manifested his willingness to grant the accused his time with the press, the same is not absolute.”

“Insofar as the Court proceedings are concerned, the Court remains steadfast that it cannot permit any circumstances or any statements, which would constitute as subjudice… It took the prosecution almost four years to present its evidence and the Court does not wish to prejudice all such proceedings by reason of public statements,” he said.

“There are questions and answers which might constitute subjudice statements which would eventually jeopardize the proceedings in this Court,” he added.

The Judge maintained that he recognizes the right of Trillanes to run and campaign, in fact “the court gave its nod to file his candidacy” as a “testament that his innocence and other Constitutional rights are (upheld) by the Court, at present.”

“But such rights has its limitations. In fact, even the other candidates are campaigning and their campaign should also comply with the existing laws, jurisprudence, and implementing rules of the Commission on Elections. Hence, all candidates are similarly situated,” Pimentel said.

Trillanes filed his candidacy for Senator last February 6. Because of that, under the law, he was deemed resigned from the Armed Forces of the Philipines (AFP)./DMS

Wednesday, March 7, 2007

Honasan’s plea for temporary liberty denied by court

By Ronron
March 6, 2007

Former Senator Gregorio “Gringo” Honasan’s request for temporary liberty was denied last Monday by a Makati City court trying his coup d’ etat case.

In a four page decision, Judge Oscar Pimentel of Makati City RTC Branch 148 said it cannot grant Honasan’s “motion to fix sufficient sureties for temporary liberty” because it has already decided to suspend hearing his case last January 24 to allow a re-investigation by the Department of Justice (DOJ).

Honasan has earlier sought for the re-investigation by the DOJ of his case since he claims he was not given the chance to respond to the allegations against him in relation to the 2003 Oakwood mutiny.

Honasan said the coup d’ etat case against him was raffled to the courts even without his counter-affidavit.

The government is accusing Honasan of having conspired with the Magdalo group of the Armed Forces of the Philippines in taking over the Oakwood hotel in Makati City last July 27, 2003 to force President Gloria Macapagal-Arroyo out of office.

Based on this, he argued before the court that he should be allowed temporary liberty because conspiracy to commit coup d’ etat is only punishable by prison mayor, or six years to 12 years imprisonment.

But Pimentel said that the motion is in itself tantamount to a petition for bail, which can only be granted if the prosecution presents evidence that will determine if the case against the accused is strong or not.

“If due course to the motion will be given, this will put the State Prosecutors in a position wherein their impartiality and fairness will be affected and questioned in conducting its reinvestigation,” the judge wrote.

He said, however, that Honasan may file the same motion or petition after the reinvestigation of the State Prosecutors and a manifestation or report thereof has been submitted to the court.

Honasan is running for Senator as an independent candidate.

After his capture late last year, he has been detained at the Philippine National Police (PNP) camp in Fort Sto. Domingo in Sta. Rosa, Laguna.

Aside from his coup d’ etat case arising from the Oakwood mutiny incident, Honasan is also facing rebellion charges before the DOJ for his alleged role in the February 2006 destabilization plot against the Arroyo administration./DMS

17 MILF rebels, one soldier killed in fresh fighting in North Cotabato

By Ronron
March 6, 2007

Seventeen armed fighters of the Moro Islamic Liberation Front (MILF) and a government soldier were killed, while two other soldiers were wounded in the latest encounter between the secessionist group and the Armed Forces of the Philippines (AFP) in North Cotabato province starting Monday night until yesterday (Tuesday) morning, a military spokesman said.

Lt. Col. Julieto Ando, spokesman of the Philippine Army’s 6th Infantry Division, said in a phone interview Tuesday that the heavy fighting started at 10 pm the other day (Monday) after some 300 elements of the MILF 105th Base Command “harassed” the two detachments of the Philippine Army’s 40th Infantry Battalion in Midsayap town.

Ando identified the attacked detachments as that of the 40th IB’s Bravo Company in Barangay Lumupog, and the Charlie Company in Barangay Lower Kadigasan. Each was being manned at the time of the attack by at least 20 soldiers.

The Moslem rebels were reportedly under the command of Amelil Umbra Kato, who allegedly continues to defy the top leadership of the MILF as regards peace negotiations with the government.

“We can’t understand what they want. Maybe they want to prove that they are still a force to reckon with. Or they want to control the area so that they can continue with their revolutionary taxation collection,” Ando said in Filipino when asked of the motive of the attack.

Ando revealed the Moslem rebels used mortars, M203 grenades, rocket-propelled grenades, M16 rifles and Caliber 60 machine guns during the attack.

“Our AFP troops fought back despite being outnumbered. They managed to retaliate using M203 also and M16 rifles,” Ando said.

He said the fighting lasted until past 7am yesterday (Tuesday) after the rebels started withdrawing towards Datu Piang town.

But at 10 am, the military deployed two SF260 Machete planes that peppered rockets on the rebels’ position.

A scouring of the encounter site later in the day resulted in the recovery of 17 dead bodies of suspected MILF rebels and 18 high-powered firearms, said Lt. Col. Bartolome Bacarrro, AFP Public Information Officer.

“Definitely, this is a violation (of the ceasefire agreement between the government and the MILF). Massing of large number of forces is even already a violation,” Ando said.

“We will file a complaint before the CCCH (Coordinating Committee on the Cessation of Hostilities of the GRP-MILF),” he added. “We still continue to support the ceasefire and respect the primacy of the peace process.”

“We hope this problem will be settled by the CCCH,” Ando said.

The Manila Shimbun tried to get the MILF’s version of the incident but the mobile phones of MILF spokesman Eid Kabalu and MILF chief negotiator Mohagher Iqbal could not be reached.

The MILF and government troops last fought in the last week of January over some farm products in another village in Midsayap./DMS

Trillanes attends hearing in civilian clothes, handcuffs

By Ronron
March 6, 2007

Opposition senatorial candidate resigned Navy Lt. Sr. Grade Antonio Trillanes IV attended his coup d’ etat case hearing at the Makati City Regional Trial Court Tuesday morning already in civilian clothes, and still in handcuffs.

Trillanes, one of the core leaders of the 2003 Oakwood Mutiny, was deemed resigned from the Armed Forces of the Philippines (AFP) when he filed his candidacy for Senator before the Commission on Elections (Comelec) exactly a month ago yesterday.

“It’s okay with me because while my colleagues are still handcuffed, I should also be in handcuffs,” Trillanes wrote in Filipino when asked how he feels that his hands remain tied.

Trillanes joins the two Navy enlisted personnel also charged with coup d’ etat at the same court in wearing civilian clothes when attending the hearing. Only 27 of the 31 accused were in attendance in yesterday’s hearing.

While he was not allowed to talk in front of media gadgets, Trillanes was not stopped by his military guards from responding to reporters in writing during the course of yesterday’s hearing.

This even as the court still has to rule on his motion seeking media access to be able to reach out to the Filipino electorate for his platform.

During the proceedings, Judge Oscar Pimentel of Makati RTC Branch 148 said he will come out with a resolution on said motion at the latest this morning (Wednesday).

Asked how his campaign is going while he remains in detention at the Marine headquarters in Taguig City, Trillanes said: “Our campaign is doing well. Many people are expressing their support.”

He admitted though that they are not abundant with regard to funds and resources.

The Genuine Opposition (GO) adopted Trillanes as among its 11 senatorial candidates.

Asked if his continued detention is a form of pressure against his candidacy, Trillanes wrote: “Yes, apparently. Some misguided leaders in the AFP actually believe that the results of this coming elections are in their hands. At some point, they should accept the fact that the voters would decide my fate.”

His spokesman, Ronaldo Averilla, revealed that since last week, his visitors were subjected to stricter inspection procedures.

Visitation hours were also restricted from 9am to 11am, and 2pm to 5pm, as against the previous arrangement where visitors are allowed anytime, said Averilla. At each time also, only three visitors are allowed.

Further, visitors are not allowed to wear Trillanes’ campaign shirts and use vehicles with Magdalo markings inside the Marine headquarters.

But Marines spokesman Lt. Col. Ariel Caculitan said the ban is just in compliance with AFP Chief of Staff Gen. Hermogenes Esperon’s directive to prohibit any campaign activities inside military camps.

“We are not targeting him. It’s just that political campaigns are banned inside our camp,” Caculitan said.

He also said that there is nothing new with the visitation restrictions against Trillanes.

“The restrictions were there even before. He cannot have special privileges now just because he is running for the Senate,” Caculitan said./DMS

San Juan to plead guilty to conspiracy to commit coup in 2003

By Ronron
March 6, 2007

Army 1Lt. Lawrence San Juan, one of the military officers charged of coup d’ etat before the Makati City Regional Trial Court (RTC), intends to change his not-guilty pleading to guilty for the lesser offense of conspiracy to commit the said crime.

During Tuesday’s hearing at the sala of Judge Oscar Pimentel at Makati RTC Branch 148, San Juan’s lawyer, Paulo Primavera, said in open court that the “accused strongly communicated his desire” to avail of a plea-bargaining agreement with the court.

The disclosure came several months after San Juan apologized to the Armed Forces of the Philippines (AFP) leadership and renewed his allegiance to the organization following his recapture on February 21, 2006. San Juan bolted from jail at the Philippine Army headquarters in Taguig City earlier on January 17 of the same year.

But the lawyers of the 30 other accused said they will object to San Juan’s request to enter into a plea-bargaining agreement, saying it is “out of time,” therefore, “highly irregular.”

“The request to file a motion for plea-bargaining agreement is supposed to happen before the formal offer of evidence by the prosecution,” said Reynaldo Robles, lawyer for accused resigned Navy Lt. Sr. Grade Antonio Trillanes IV (now a senatorial candidate under the Genuine Opposition ticket).

Conspiracy to commit coup carries a penalty of six-to-12-years imprisonment, while coup d’ etat is penalized with reclusion perpetua.

Saying he has “no problem” with San Juan’s intention, Pimentel told Primavera to put their manifestation in writing. The other defense lawyers shall then have 15 days to comment on that motion.

Asked if San Juan’s intention will eventually make him a “state witness,” Robles said: “It’s not feasible for him to become a state witness because the prosecution already rested its case.”

“The rule is that the testimony of the accused should not affect the other co-accused,” he added.

The prosecution rested its case late last year, presenting a total of 23 witnesses, including retired AFP Chief of Staff Gen. Efren Abu, the commander of the Philippine Army then and of the AFP’s Joint Task Force Libra at that time when some 300 junior officers and soldiers seized Oakwood Hotel on Ayala Avenue, Makati City. The said Task Force was tasked then to secure the seat of government in times of contingency, particularly for the forthcoming State of the Nation Address (SONA) then of President Gloria Macapagal-Arroyo.

Yesterday’s hearing was supposed to be the start of the defense’ presentation of evidence. This, however, did not happen.

Robles and the other defense lawyers, instead, told Pimentel that they are joining the motion filed by defense lawyer Theodore Te to demurrer to evidence.

“This is equivalent to motion to dismiss in criminal cases. It means the evidence presented was not enough to get a conviction,” Robles explained.

Robles maintained that no one among the prosecution witnesses testified about the presence of violence during the Oakwood takeover, an element of coup d’ etat as defined by the books.

Pimentel set the next hearing date on May 8th, six days before the midterm elections.

Aside from San Juan and Trillanes, 25 other accused were present during yesterday’s hearing. Four others were absent.

Earlier during the start of the hearing, Army Capt. John Andres was formally arraigned by the court and pleaded not guilty to the crime of coup d’ etat.

It was the first time Andres attended the trial since it began more than three years ago due to his medical condition.

After receipt of the AFP’s surgeon general’s medical report that Andres is already “mentally fit to start trial,” Pimentel ordered his court interpreter to read the charges against Andres and get his pleading.

The trial began 9:20 am and adjourned 10:15 am.

Before leaving the court, the accused were given 10 minutes to confer with their lawyer. It was after this conference when Trillanes confronted San Juan about the latter’s intention to recant his not-guilty plea.

Court insiders said they overheard Trillanes reminding San Juan not to implicate any of the accused when he pushes through with his plan.

“You should do it on your own,” Trillanes allegedly told San Juan in Filipino.

“Yes, I’m going solo with it,” responded San Juan. He then hit Trillanes by saying, “Is that how a Senator behaves?” apparently referring to the latter’s temperamental character./DMS

Tuesday, March 6, 2007

17-year-old Fil-Jap held by alleged cop over wheelchair

By Ronron
March 5, 2007

A 17-year-old Filipino-Japanese man on Monday was held for almost two hours by a person who claimed to be a policeman over a wheel chair the latter was trying to buy from the former at a medical supplies shop in Manila City.

Police identified the victim as Shinje Kawakami, 17, a helper at Life Scan Medical Supply store located on Rizal Avenue, Sta. Cruz.

Police said a certain SPO4 Ogie Villanueva, allegedly of the National Capital Region Police Office (NCRPO), wanted to buy a P2,800-worth wheel chair from Kawakami but was short of P1,300.00.

When Kawakami refused to sell the wheel chair to Villanueva for P1,500.00, the latter allegedly got mad and brought out his gun, apparently to threaten the shop employees.

Villanueva then held Kawakami and the wheel chair, and told the other employees that he will bring Kawakami back to the shop once he secures the payment balance. They left aboard a Toyota Lite Ace before shortly before 10am.

Kawakami later told police that Villanueva took him to a subdivision in Parañaque City where the payment was made. He claimed that Villanueva also gave him snacks before he was sent off back to the shop.

Kawakami told police he was back to the shop “unharmed” at around 12:30 noon.

“In view of the foregoing, (may I) request the lifting of the alarm RE-ALLEGED ABDUCTION, while the complaint against the suspect will depend on the owner of the Life Scan Medical Supply who is now in NCRPO to ascertain the identity of the suspect,” said Supt. Rommel Cabagnot of the Manila Police District (MPD) Station 3 in his report./DMS

Soldiers in MM to remain despite criticisms

By Ronron
March 5, 2007

The Armed Forces of the Philippines (AFP) said on Monday that it will retain its soldiers in Metro Manila who were earlier deployed since November of last year to conduct civil-military operations.

“The deployment will stay. As of now, there is no order for a pull-out,” AFP spokesman Maj. Gen. Jose Angel Honrado said yesterday in a phone interview.

Honrado reiterated the explanation of Maj. Gen. Mohammad Ben Dolorfino, commander of the AFP National Capital Region Command (NCRCom), last Saturday that the deployment is not related to the upcoming elections, particularly to launch campaigns against Left-leaning party-list groups like Gabriela.

“We maintain that it’s not election-related. Stop connecting it to the elections,” Honrado said.

Dolorfino had said that the deployment of 26 teams (of 10 members each) of civil-military operatives to urban poor and Moslem areas in Caloocan City, Quezon City, Manila City and Taguig City is meant at helping the local communities solve peace and order problems.

He admitted it is part of the AFP’s anti-insurgency campaign as it seeks to address the problems of the communities at their level to avoid them from being exploited by Left-leaning groups that are used to bringing the issues to the streets.

Dolorfino said that upon receipt of the Commission on Elections (Comelec) letter last Saturday, he immediately ordered the conduct of an investigation to find out if the soldiers deployed in MM are engaged in partisan politics by campaigning against the Left-leaning groups.

Gabriela had complained against the AFP at the Comelec for allegedly telling people not to vote for the group this coming May 14./DMS

AFP challenges NPA anew to deny links with Bayan Muna

By Ronron
March 5, 2007

A Philippine military spokesman challenged the New People’s Army (NPA) anew on Monday to deny its links with the party-list group Bayan Muna following the recovery of the latter’s campaign materials from suspected rebels whom government troops clashed with last February 28 in a mountainous village in Davao City.

Maj. Ernesto Torres, Jr., public information officer of the Philippine Army, said several campaign materials of different sorts were retrieved by elements of the Philippine Army’s 73rd Infantry Battalion Wednesday last week after it engaged an undetermined number of guerillas in a firefight in Barangay Eden, Toril District.

The clash resulted in the death of three suspected NPA members and the wounding of two government soldiers, Torres said.

“Following the report, we challenge the NPA leadership to prove that they are in no way associated with any political group that is running for election in the upcoming May election,” Torres said.

Recovered from the clash site were posters, calendars, leaflets, and stickers of Bayan Muna, some of which bore the pictures of Bayan Muna Representatives Satur Ocampo, Joel Virador, and Teodoro Casino. Torres said each type had about 50 pieces.

Aside from the said “campaign materials,” the Army fighters, under the command of 2Lt. Ulysses Mendoza, also recovered 52 rounds of ammunition for M60 (General Purpose Machine Gun), two improvised landmines, medical paraphernalia, and other personal belongings and documents.

The wounded soldiers were identified by Torres as Staff Sergeant Conrado Nequiaz and militiaman Gary Lopez, a rebel returnee.

The 7,100-strong NPA has been waging guerilla warfare in the countryside for almost two decades now. It bowed out of the peace negotiations with government in August 2004 after it was tagged as a terrorist group by the US and European Union governments.

The Armed Forces of the Philippines (AFP) has long alleged that Bayan Muna and other Left-leaning party-list groups like Gabriela and Anakpawis are the legal front organizations of the communist movement and have been channeling funds to the NPA.

President Gloria Macapagal-Arroyo has ordered the AFP to crush the insurgency movement by 2010 when she ends her term./DMS

Sunday, March 4, 2007

Arroyo assures of a “clean and peaceful elections” as she woes businessmen to continue betting in the country

By Ronron
March 3, 2007

Philippine President Gloria Macapagal-Arroyo assured the business community on Saturday of a “clean and peaceful elections” this May as she pleaded them to continue betting in the country.

In a statement, Arroyo said the Filipino will make this happen, “as sure as the sun rises.”

“We are a nation that cherishes democracy and freedom as deeply as we cherish enterprise and competition. Investors should go for the gold in the midst of the Philippine bull run,” Arroyo said.

She boasted that “the strength of the Philippine economy goes beyond transient political events like the forthcoming May elections.”

According to her, the fundamentals of growth, namely, “a sturdy fiscal house, a solid program of good governance, a robust social payback to the people, mounting gains in the security front, and a democratic system in full bloom,” have already been laid.

“The business community is on the right track by placing their bets on this nation and government, the excellence of the Filipino and the spirit of enterprise that lives in our society,” she said.

At the same time, her spokesman, Secretary Ignacio Bunye, expressed appreciation to the Employers Confederation of the Philippines (ECOP) for sponsoring the debate on March 14 of the senatorial candidates of the Genuine Opposition and Team UNITY of the administration.

“We appreciate the civic-minded move of the country’s leading business groups to sponsor and host the debate between Team Unity and the opposition. We support all efforts to gather the nation around an enlightened, sober and informative discussion of the issues in the campaign,” Bunye said in a separate statement.

He said that through the debate, the electorate will have the opportunity to “scrutinize the political, social and economic creed of each candidate” and find out how prepared each one is to put it forward.

“Let both camps prepare their argument in a way that will clearly reflect their respective platforms and programs of implementation… The people demand an accounting of statesmanship, service and nation-building,” Bunye said.

“We are in the era of performance politics, no longer in the song-and-dance stage… Let the political noise abate and reasoned debate commence,” he added.

Both tickets of the administration and opposition have earlier expressed willingness to participate in a debate./DMS

AFP admits deploying troops in MM, but not for electioneering purposes, rather to help in peace and order problem


By Ronron
March 3, 2007

The Armed Forces of the Philippines (AFP) said on Saturday that it has deployed troops in Metro Manila since November of last year, not for electioneering purposes, but to help the local communities solve their peace and order problems.

The admission of AFP National Capital Region Command (NCRCom) chief Maj. Gen. Mohammad Ben Dolorfino came a day after the Commission on Elections (Comelec) asked him to investigate the allegations raised by Gabriela that soldiers are campaigning for people not to vote Left-leaning party-list groups come election day on May 14th.

“We admit that, even before the election period, we have military personnel in some problematic communities as early as November last year. And this is part of the novel approach that we are trying to introduce in the National Capital Region out of the belief that we want lasting peace and development, it should be community-based, rather than trying to impose peace through military force,” Dolorfino told reporters in a press briefing at the NCRCom headquarters at Camp Aguinaldo yesterday afternoon.

“We have a clear standing order from our higher headquarters that we should not involve ourselves in partisan politics. That is very clear to our men, they know that,” added Col. Ricardo Visaya, commander of the NCRCom Civil Military Operations (CMO) Battalion from where the deployed soldiers come.

In the same briefing, Visaya disclosed that 26 teams, each with about 10 members, were “immersed” in the urban poor and Moslem-dominated communities in the cities of Caloocan, Quezon, Taguig, and Manila (particularly in Sta. Mesa, Tondo, and Binondo) for said purpose.

He said the troops are being hosted by local officials, wear their uniform when they go about their daily duties, and bring as well their firearms – either long or short.

If they are not engaged in dialogues, the government troops are doing community services like participating in demolition of squatters’ shanties, said Visaya.

“It is a non-combatant unit. It is trained in non-military approaches. So our fellow countrymen should not worry or be afraid of them… We believe that there are so many problems in the communities and if we neglect these problems, later on, these will become peace and order problems,” explained Dolorfino.

Calling the approach as “peaceful, total, and proactive,” Dolorfino disclosed it was the military organization that volunteered their services to the local government units, in coordination with the Philippine National Police (PNP), which is primarily in charge of the anti-criminality and peace and order campaign in the communities, especially in urban areas.

Pressed if the move is part of the AFP’s anti-insurgency campaign, Dolorfino answered in the affirmative, saying that the simple, local problems, when not addressed, may be exploited by militant groups and use it to fuel mass actions against the government.

“In the process of doing this, we are trying to eliminate the culture of rebelling against the government, fighting the government, resorting to parliament of the street to air our grievances… The intent of our community engagement is to turn the communities into peace-loving communities, law-abiding communities, productive communities, and eventually, supportive of the government. We should not destroy our own house, which is our country,” Dolorfino said.

While he has yet to receive confirmed reports of the deployed soldiers campaigning against Left-leaning organizations or candidates in the upcoming elections, Dolorfino said he immediately ordered upon receipt yesterday of Comelec Chairman Benjamin Abalos’ letter for an investigation on the matter.

“We will not hide anything. With clearance from our higher headquarters, we can make the result of this investigation public once we have completed (it),” he said.

But Dolorfino assured they are not after any personalities in their CMO activities in the Philippine capital, rather they are after the problems in small societies.

The official has yet to determine until when will the troops live with the communities. But one this is for sure. “Until such time that we see we have addressed the problems, the soldiers will continue to be immersed,” Visaya said.

The Defense department signed last October 12, 2006 a Memorandum of Agreement with Comelec, limiting the role of the AFP in the upcoming elections to avoid being dragged into electoral fraud allegations similar to what was reported in the May 2004 polls.

Consistent with this, the AFP leadership repeatedly reminded its men not to engage in partisan politics, other than voting on the election day./DMS

Sison defends socializing with Filipino entertainers, says rebels are happy

By Ronron
March 3, 2007

Communist Party of the Philippines (CPP) Founding Chairman Jose Maria Sison promptly defended on Saturday his partying last December with Filipino entertainers and migrant workers in The Netherlands where he is on exile.

In a statement posted on his website www.josemariasison.org, Sison said the Christmas party that he attended where the photographs were taken was “the biggest festivity of the Filipino community in The Netherlands,” in which he was invited as a special guest.

“It was perfectly alright for me to have kodakan (picture-taking), yugyugan (dancing), and kantahan (singing) with the Filipina movie and and singing star Ara Mina, Janno Gibbs and migrant workers during a Christmas Party… Members of the negotiating panel of the National Democratic Front of the Philippines (NDFP) headed by chairperson Luis Jalandoni and the Philippine embassy officials headed by Ambassador Romeo Arguelles were there to mix with the Filipino community,” Sison said.

He said his presence at the event does not mean he is already living a very comfortable life in Europe. “I am prohibited from working for a wage and yet my social benefits have been terminated due to the “terrorist” listing started and pushed by the US government upon the special request of the Arroyo regime,” said Sison.

He said the event was not even extravagant, “nothing compared to the wild parties thrown by the sybaritic officials of the Arroyo regime and its Armed Forces.”

The communist leader also belied Armed Forces of the Philippines (AFP) Public Information Officer Lt. Col. Bartolome Bacarro’s allegation that ordinary New People’s Army (NPA) rebels are “rotting” in Philippine mountains as they continue their revolutionary struggle, while he is enjoying life in exile.

“I think that the people should also visit everyday the website www.philippinerevolution.net to know the happy and creative political, economicc, social and cultural life and the heroic and successful revolutionary struggles of the people and the revolutionary forces like the (CPP), the NPA, the NDFP, the mass organizations and organs of democratic power,” Sison said.

Sison said instead of bringing the public’s attention to him, the AFP should just do its job if indeed it is concerned about the plight of the Filipino people.

“The reactionary Armed Forces should stop the extrajudicial killing, abduction and torture of so many people and the massive military operations, attacking the rural and urban communities in the Philippines and displacing hundreds of thousands of people from their homes and farms,” he said.

“The Arroyo regime should stop its puppetry to US imperialism, its corruption, its plundering and its brutality in using the reactionary Armed Forces, police and death squads against the broad masses of the people, and the progressive legal activists and critics,” he added.

On Friday, Bacarro said he chanced upon the website of Sison bearing the latter’s photos with Filipino actress Ara Mina, and singer Janno Gibbs. Another photo of him dancing was also taken during a Valentine’s Day party this year.

Bacarro said the photos shows how insensitive Sison is as a leader to ordinary NPA rebels who are suffering the Philippine mountains as they evade government troops./DMS