As Presidential Proclamation #75 (Presidential Amnesty for anti-Arroyo plotters in 2 coups and 1 mutiny) finds itself nearing Congressional Concurrence (i.e."Approval") Senator Antonio Trillanes IV, a major plotter in both coups, seeks to avert a proverbial bullet in the foot. Having been imprisoned for his part in those acts of subterfuge Trillanes won a seat in the Senate in the 2007 Elections, despite having run his entire campaign from a prison cell. Though he won the election he has yet to sit in a single Senatorial Hearing or Session. Things might continue in that vein even if an application for Amnesty were to be accepted due to Trillanes having filed a Motion for Reconsideration on the Rebellion charge he currently faces with regard to "Oakwood."
The July 27, 2003 coup attempt gained the appellation it has because Trillanes and his co-leader in the poorly executed plan, Army Captain Gerardo Gambala ensconced themselves in a well heeled condominium in the (former) Oakwood Premier Ayala Center in Makati City (currently called, "Ascott, The Residence, Makati"). Using that condo as a command and control centre they oversaw a clique of 321 junior officers and enlisted men collectively known as the "Magdalo Soldiers." The plan was to overthrow (then) President Gloria M. Arroyo who had herself come to power in a coup, albeit better planned and executed.
The Motion for Reconsideration is docketed with Judge Oscar B. Pimentel of Regional Trial Court, Branch #148, Makati. Judge Pimentel adjourned proceedings in early August of 2010 and set about composing a comprehensive Ruling. Taking nearly 2 months to conclude the final product, it topped out at an amazing 260 pages. By the time Judge Pimentel was ready to publish his Ruling this past 0ctober he was informed about Presidential Proclamation #50 (#75's earlier, unrevised version) and so voluntarily delayed publication. Expecting a firm resolution (ajudication) of the case by the end of November, he set the date for publication as December 16.
As the original Proclamation, #50 was submitted to Congress Trillanes and the attorneys of 22 of his co-defendants filed a Motion for Cancellation of Promulgation," which basically asks the court to disregard the defendants' original Motion, which in this case asked for the dismissal of the original charge. Judge Pimentel responded by resetting the date for Publication, this time for December 26. Pimentel further instructed the attorneys to submit the names of all defendants who would be applying for Amnesty so as to avoid conflicting Rulings. Those that will not opt to apply will remain docket and avail themselves to Judge Pimentel's Ruling.
Senator Trillanes also applied for and received Provisional Release which will free him before Xmas.
Judge Pimentel's decision on delaying publication for a 2nd time came on the heels of the Congressional plenary debate on offering Concurrence to the Proclamation for Amnesty. In my last AFP entry I discussed the steadfast position of Congressman Niel C. Tupas Jr., Chairman of the Congressional Justice Committee who swore up and down that any applicant wishing to receive Amnesty would first have to admit his guilt. Former Brigadier General Danilo Lim even engaged Rep. Tupas in some verbal sparring on this issue which made Tupas even more resolute in his position. Well, as usual, it meant nothing for when the 3 day debate concluded on December 13 it was decided that no such admission would be required. Tupas, to save face, claims it doesn't matter because just the fact that someone applies equals an admission of guilt, or more specifically a strong inference there of. Congress summed up its perceptions on this matter via Concurrent Resolution # 08. The Senate had already Concurred on December 07. A total of 378 men will be eligible to apply.
A day later, December 17, 2010, former Major General Carlos F. Garcia, a former AFP Comptroller, once again appeared in the Sandiganbayan's 2nd District Court Room to face among other charges, an accusation of "Plunder." Plunder is a crime with a mandatory Life Sentence and so Garcia's day was full of incredible pressure. I think it is safe to assume though, that when the "Corruption Court" offered him a Plea Bargain he felt a whole lot better.
While Comptroller. Garcia stood at the centre of a massive embezzlement scheme involving several Generals and other senior officers. Just taking the relatively small portion of funds contained within the indictment, Garcia was charged with stealing 103 Million Pesos (2.075 Million US).Though paltry perhaps in Western terms, the average family on Mindanao makes much less than 3,000 US annually.
Garcia, who was dishonourably discharged from the AFP in 2005 after a rapid General Court Martial and has remained incarcerated for most of the intervening time. The most serious charge he faces under the Plea Bargain is " Permitting a Transaction Despite an Irregularity," a sub-statute under "AMLA" (Anti-Money Laundering Act). As0part of his deal Justice Edilberto Sandoval ordered Garcia to surrender 135.4 Million Pesos in cash and assets (including properties in the US).Because of the downgrading in terms of possible sentencing Garcia finds himself suddenly eligible for release on Bail. Garcia was promptly released on 60,000 Pesos.
Interestingly there has been some criticism involving the viability of this Plea Bargain. In this perspective the entire deal is illegal since according to Philippine legal procedures a Plea Bargain cannot be formulated prior to the actual trial. Defenders however point to supporting case precedent in the form of "People vs. Mamarion" so Garcia just might get to enjoy his first free Xmas in years.
On December 18, 2010, another of the men highly involved in the anti-Arroyo coups and mutiny found himself closer to redemption. Former Marine Commandant (top officer in the AFP Marine Corps), (former) Brigadier General Renato Miranda who figured highly in the February 2006 Marine Mutiny has been named CO (Commanding Officer) of ELETF. ELETF, or,Environmental Law Enforcement Task Force is an entity created by Secretary of DENR (Department of the Environment and Natural Resources), Ramon Paje. The entity will be directly under the DENR's Undersecretary and will have 12 constituent members.
As VFA-Com (Visiting Forces Agreement Commission) Executive Director Edilberto Adan visited Zamboanga City. Basilan Govenor Jum Akbar (widow of that province's Congressman Wahad Akbar, subject of an early entry of mine. A co-founder of Abu Sayyaf, an MNLF CO, a Governor and finally a Congressman before being killed by an IED planted at an entrance to the Congressional building) told the Commission that she is very happy with the American presence in her island province. VFA is an Agreement between the US and the Philippines that basically allows the US to circumvent the 1987 Philippine Constitution which specifically bars the presence of any foreign military in the Philippines outside if prior Agreements like the US-Philippine Mutual Defense Agreement from the 1950s. Since the closing of the bases on Luzon, Clark Air Field and Subic Bay Naval Station, the US has been looking for a solid foothold.
In 1997 the 2 nations inked the VFA which was only supposed to allow very specific training exercises. What the Philippines got though, courtesy of former President Gloria M. Arroyo was JSOTF-P (Joint Special Operations Task Force-Philippines). JSOTF-P, sublimated to PACOM (US Pacific Command), more specifically to SOCPAC (Special Operations Command Pacific). With a little over 800 men and women (not the "5 to 600" that is so often disseminated to the media) is split amongst 3 sublimated Task Forces:
Task Force Mindanao: Headquartered at Camp Siongco in Barangay Awang, Datu Odin Sinsuat, Maguindanao Province, Headquarters of the AFP's 6ID (6th Infantry Division).
Task Force Sulu: Head Quartered at Camp Bautista, Barangay Bus Bus, Jolo City, Jolo Island in Sulu Province, the Headquarters of the AFP Marine's 3Bde (3rd Brigade).
Task Force Archipelago, Headquartered at Camp Navarro, Barangay Calarian, Zamboanga City, Zamboanga del Sur.
A little known fact is that in every installation the Americans build their own self enclosed compounds, with some portions entirely off limits even to the AFP Base Commander. If the AFP Chief of Staff were to demand entrance at a restricted portion of a US compound he would be denied. Naturally, even without the colonial baggage this tends to rub a great many Filipinos the wrong way. Another little known fact is that aside from the Headquarters there are sattelite installations as well. An example for all 3 Task Forces might be...
TF Mindanao: US Compound at Camp Ranao in Marawi City, Lanao del Sur Province (1ID).
TF Sulu: Tawi Tawi Naval Station
TF Archipelago: The entire island of Basilan which happens to hold the greatest number of US personnel by far.
Basilan of course bringing us back to Govenor Akbar and her lunch at the Orchid Hotel. When asked her opinion on the extra-heavy American presence she answered in positivly gushing tones, speaking about all the "Hearts and Minds" work, like MED and VETCAPs (Medical and Vetinarian Civil Action Projects where medical and dental services 3e provided to indigent villagers and their livestock) as well as various construction and infrastructural projects undertaken by US Forces.
On December 06, 2010 at 1003Bde (1003rd Brigade) HQ (Headquarters) in Barangay New Visayas, Santo Tomas, Davao del Norte Province, a rather muted Change of Command Ceremony was held to mark the rotation of COs (Commanding Officers), Col. Lysander Suerte is assuming command from Col. Domingo Tutaan Jr., who himseld only held it for a few months. During Col. Tutaan's very short tenure he basically continued the work of his predecessor, the legendary Brigadier General Eduardo del Rosario in terms of the military facet of COIN (Counterinsurgency) doctrine. He also continued with 10ID's (10th Infantry Division) greater emphasis on the CMO (Civil Military Operations, aka "Hearts and Minds") with the admirable deployment of 127 nine man PDTs (Peace and Development Teams), in 114 barangays. He also oversaw the "surrender" of 14 NPA "gueriilas." I use apostrophes because most surrenderees have never come close to joining.
Col. Tutaan will be taking an interesting deployment in becoming the 1st officer to command the new Human Rights bureau in GenSan (General Santos City, Saragani Province). Following the lead of the PNP (Philippine National Police) who have just announced an innovation of their own. Having opened its own Human Rights bureau months ago it now plans to install a Human Rights liason in ever PNP garrison (including municipal stations). Sign of the times. Me? I will be satisfied when they stop offing people extra-judicially.
On December 04, 2010 4ID got a rude suprise when it discovered that their website had been hacked. The screen showed a cartoon like drawing of 3 youngmen. 1 is sitting in a chair, tied up and mouth covered with tape. 1 man on each side of him manhandles him. Underneath the drawing os the caption, in English, "Are you happy?" The man in the chair has a rectangle superimposed over him with the word, "Hacked" in bold red letters against the screen's stark black and white colours. On the bottom is the caption, "Own3d by Giant NETWORK $erver Down [sic]." An Arabic song played repeatedly (looped) and a url was left (I wont list it since it just serves to incite future sabotage. It was on an unsecure server and was the only 1 of the AFP's 10 Infantry Divisions to be targetted so it doesn't seem to be ideologically based. In any event within 3 days the site was re-captured and has been fine since.
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