Counter-intutitively the 1996"Jakarta Agreement"(Jakarta Accord) between the MNLF and GPH (Govt.of the Philippines) only unleashed even more confounding problems rather than helping to end the MNLF Insurgency,or-Heaven Forbid-solve its underlying causes.The 1996 Agreement,known as the"FPA,"or Final Peace Agreement,was meant to frame the implementation of a much earlier agreement,"Tripoli 1976,"signed in Tripoli Libya.Tripoli was a Marcos Era shell game that had a lot of bells and whistles but in reality lacked any real substance.According to Tripoli the Philippines would create an autonomous zone in Central Mindanao.In reality it created very little and solved even less.
With Marcos's ouster in 1986 and his successor,Corazon"Cory"Aquino ascending to the Presidency,the GHP-MNLF Peace Process began anew.By 1989 President Aquino had created ARMM,the Autonomous Region of Muslim Mindanao.Still,nothing really changed until she was succeeded by President Fidel Ramos,former AFP (Armed Forces of the Philippines) Chief of Staff.Ramos re-initiated the Process which had been left to its own devices and stalled out in 1987.Beginning in late 1993 and concluding in late 1996,after a mere 4 Rounds of Formal Talks,the 2 sides concluded Jakarta 1996.
Jakarta 96,or the FPA,devised an implementational blueprint for Tripoli 1976.It divided the implementation into 2 Phases:
1) Phase I)"Transitional",to take place from 1996 to 1999 though it optioned the built in extension rider so that Phase I officially concluded in 2001).This Phase involved:
A) The creation of the SPCPD,or Southern Philippines Center for Peace and Development.An Executive Branch entity with 81 members,directly answerable to the President.SPCPD would take direct control over other governmental developmental entities operation within the ARMM AOR.
B) Creation of SZOPAD (Special Zone of Peace and Development).This entity was to function as an economically advantageous area and would include 14 provinces:
1) Lanao del Norte
2) Lanao d Sur
3) North Cotabato
4) South Cotabato
5) Davao del Sur
6) Sarangani
7) Zamboanga del Sur
8) Zamboanga del Norte
9) Basilan
10) Sulu
11) Tawi Tawi
12) Maguindanao
13) Sultan Kudarat
14) Palawan
as well as focusing on 9 cities:
1) Cotabato City
2) Dapitan City
3) Dipolog City
4) GenSan (General Santos City)
5) Iligan City
6) Marawi City
7) Pagadian City
8) Zamboanga City
9) Puerto Princessa City
SZOPAD was under control of SPCPD.
C) Creation of the CA,or Consultative Assembly.An 81 member advisory body to the SPCPD without any legislative powers and overwhelmingly composed of MNLF/BMA members.
2) De-mobilisation of BMA,the Bangsamoro Army,the MNLF's military wing.Thousands og guerillas would integrated into the AFP and to a lesser degree,the PNP.
Phase II would involve 1)Ammending RA (Republic Act)# 6734,the"Organic Act of ARMM (Autonomous Region of Muslim Mindanao)".This was to take place by 1998.
2) After Ammending,a plebiscite would be held within those 9 cities and 14 provinces.
3) After Ammending the Organic Act,the Transitory Mechanisms would be de-commissoned (SPCPD,SZOPAD and CA).
RA# 6734 ended up Ammended as RA# 9054 in 2001 but in the plebiscite only 1 city,Marawi and 1 province,Basilan opted to join.Basilan's provincial capitol,Isabela City didn't join the rest of its province and so while Basilan Island is now part of ARMM,its capitol is part of Zamboanga del Norte administratively.The MNLF boycotted the plebiscite with Misuari contending that both President Ramos and his successor Joseph"ERAP"Estrada had violated the spirit,if not the letter of Jakarta 96 with GPH having authored,passed and ratified RA# 9054 (Ammended Organic Act) without consulting the MNLF.More to the point,GPH had hobbled Misuari financially,thus stunting crucial infrastructual development.Also an important factor,duly noted by Misuari was that Congress had treated Misuari like Ramos' whipping boy.Ramos,in creating the SPCPD and installing Misuari as the Council's Chairman had managed to infuriate Congress.The House was livid over GPH creating the entity as part and parcel of the Executive branch.In doing this Ramos hoped to avoid unwanted Congressional interference which would delay implemention of modalities and programmes.Likewise this circumvention of the Legislative Branch enabled President Ramos to directly fund certain modalities via certain discretionary funds allocated to the President under generic labels out of the Annual Presidential Budget.There in lies a hugely problematic issue.
Misuari was made Chairman of the SPCPD which acted as the supervisory entity over SZOPAD and all other developmemtal programmes within the SZOPAD AOR (Area of Responsibility).Entities like TF Basilan (not to be confused with the AFP's Task Force of the same name which at that point did not exist),TF Malmar (covering Central Mindanao),Sulu Developmental TF,OMA (Office of Muslim Affairs),OSCC (Office if Southern Cultural Communities),SPDA (Southern Philippines Development Authority) and SDGP (Special Development Planning Group,an ad hoc entity composed of representatives from different national agencies dealing with infrastructural development).Misuari wasn't devoid of organisational skills.He ran a moderately complex organisation that operated on an international basis and had spent 24 years interacting with governmental agencies on one level or another.Still,that is a whole different dynamic than sitting in the cockpit of a bureaucratic behemoth.All the more so when many of these same governmental entities actively work to stifle your efforts.
After the last portion of Phase I was completed,the de-mobilisation of the BMA and mass intefration of demobilised guerillas into both the AFP and the PNP (Armed Forces of the Philippines and the Philippine National Police) attentions turned to Phase II.At this point,in 199,Misuari was under incredible pressure to produce tangible results.He faced opposition from literally every corner.The Catholic Church had mobilised and had taken great issue with the FPA's Article II,Section 5 which mandated the creation of an advisory body to the SPCPD,the"Darul Iftah."Misuari had always maintained that his crusade revolved around ethnicity and culture,not religion.Yet,at MNLF insistence a single advisory body composed entirely of Islamic clergy was created to ensure-as its proponents stated-the enshrinement of Islamic Values.Naturally this rankled the Catholic Church.Understandably it also became a political hot potato with local politicians forming entire platforms around the entity.The fact that this was taking place within SZOPAD was a nightmare for Misuari and his ever dwindling coterie of backers.
The Church also focused on another of the 3 transitory entities created in Phase I,the CA (Consultative Assembly).Like the SPCPD it had Misuari as its Chairman.Tasked with acting as a soundboard to advise Misuari and the rest of the SPCPD.Particularly troubling to the Church,and even to a fair number of Muslims was that the CA had a dedicated slot of 44 seats for MNLF/BMA members.This translated into a majority control and so instead of representing all stakeholders it would be overwhelmingly representing the MNLF programme.The facct that Misuari automaticaly Chaired the entity mandated to advise him also troubled more than a few people.
Yet the real trouble came with the implementation of Phase II.Article III of the FPA/Jarkata 1996 mandated a repeal or Ammending of RA# 6734,the Organic Act of ARMM.Congress then embarked on a quest to do so but without an iota of input from a single member of the MNLF.Seeing as how the purpose of this endeavor was to fashion an entity in accordance with the FPA,it seems almost criminal to have ignored the group at the epicentre of the dynamic.Of course Congress had an axe to grind over President Ramos's delegation of Executive Power to the SPCPD.No matter if such childish tit for tat sinks the nation into another decade of orgiastic violence,just so long as the political dynasties filling Congress get to salve their battered egos.Though Congress was ready to Ammend RA# 6734 by 1999 it took roughly 2 years to pass.It had been introduced in the 2nd Session of the 10th Congress but had taken until the 11th Congress,finally entering into effect on March 31,2001.Opinions seems to be united in viewing Congress as having stalled consideration purposefully.
With passage of the Ammended Organic Act ("Act to Strengthen and Expand the Organic Act" in shorthand) the transitory mechanisms implemented in Phase I of the FPA were to be abolished in favour of more permanent governmental bodies.The SPCPD was to be replaced with a Governor,Vice Governor and an Executive Council.Yet,it was really only a name change since the Governor appointed the 3 Deputies of the Executive Council,or"EC",just as the Chairman of the SPCPD had.Just as in the SPCPD the 3 Deputies were to each represent 1 of the 3 main demographic pools on Mindanao,and so on.CA was to be replaced with the RLA,or Regional Legislative Assembly.Finally,SZOPAD was to be erased,as is.Despite this being explicitly articulated in the FPA,then President Gloria M.Arroyo,"GMA,"saw fit to earn her stripes by issuing an Executive Order that left no room for doubt.EO# 80 countermanded EO# 161 issued by her predecessor,President Joseph"ERAP"Estrada in September of 1999.EO# 161 was merely a 1 year extension of the original Executive Order,EO# 371 issued by ERAP's predecessor,President Fidel Ramos.
Between the passage of RA# 9054 and issuance of EO# 80,which dissolved the SPCPD and CA Misuari was raked over the coals.As if the passage of RA# 9054 wasn't hard enough to deal with,just 29 days later he saw his closest confidantes turn on him.On April 29,2001 his #2,Dr.Parouk Sawadjaan Hussin led the MNLF's 15 member Executive Council in voting Misuari out as Chairman,though they did deign to bestow the meaningless title"Chairman Emeritus"upon him in that same Resolution.The move was especially treacherous given the fact that there was nothing to gain in pushing him out.Then,to do so at that particular juncture?After you have ridden Misuari's acclaim to positions of moderate power?Just reading the Resolution can make one cringe.In it Misuari was scalded as an inept administrator,a terrible leader,egotistical and hellbent on personal enrichment at the expence of the cause he pretended to represent.Misuari was labeled as"incompetent,"and what muat have hurt Misuari the most was that a lot of those callously offered judgments were spot on.
Parouk,with Cotabato City Mayor Muslimin G.Sema as the new #2 proclaimed themselves the new leaders of the MNLF.Immediately afterwards President Arroyo recognised their assumption of control and sponsored Parouk Hussin's campaign to replace a battered Misuari as Governor of ARMM.Predictably,Hussin won (November 26,2001),and Misuari returned to his hometown of Maimbung,Jolo Island,Sulu Province to lick his wounds.He must have healed very quickly because just dats after returning to Jolo he ended up directing the factions still loyal to him on an assault of an AFP position on Jolo that resulted in well over 100 deaths.That debacle led to a paperless escape to Sabah,where he was arrested for Illegal Entry. As the Arroyo Goverment charged him with Rebellion Misuari was returned to Manila after a hellish 45 days in a Malaysian prison.He would spend most of the next 8 years incarcerated though the vast bulk of it was spent in a 2 bedroom cottage on a PNP base.That of course is the Cliffnotes version of the Misuari narrative,as well as the backstory of ARMM,and of course the FPA.Ahhhh,the FPA,even today it is still stirring controversy.
Even as Misuari managed to emerge as the leader of the strongest MNLF faction,and much more importantly the one with which the OIC (Organisation of the Islamic Conference) does business with,the FPA remained an unresolved issue.As stated earlier,it merely functions as the Implementational Blueprint for Tripoli 76.Ergo it isn't a solution in and of itself UNLESS it serves to spur full implementation of Tripoli 76.While the Philippine Government has maintained that it has satisfied its onus under the FPA,the MNLF has held to the diametrically opposite position.As Misuari sat in stir the OIC,which has Facilitated the GPH-MNLF Peace Process since day one recognised that unless the GPH and MNLF viewpoints moved a lot closer to each other there would be no way to end the 30 years of bloodshed.In the Winter of 2006 the OIC deployed Sayeed Kassem el Masry,Speacial Envoy of the OIC Secretary General as the leader of a small OIC delegation (actually,the"delegation"consisted of Masry,his boyfriend who was billed as his"aide" and Libyan Representative Salem M.Adem) which was tasked with conducting a Field Visit to the Philippines so as to take a first hand look at the position(s) of both parties,but with an added secret agenda of trying ti facilitate Misuari's release from detention.
On May 17,2006 Sayed Kassem el Masry led his delegates on a 5 day OIC Field Mission,officially titled,"2006 Field Visit to Mindanao"and immediately paid a requisite courtesy call at the DFA (Dept.of Foreign Affairs) in Manila.From there the delegation wasted no time in directly travelling to Misuari's"cottage"tucked behind 2 fenced in enclosures topped with razor ribbbon at the PNP compound at Fort Santa Rosa,Laguna Province.Misuari conferred with the delegation,reiterating his concerns both about the FPA as well as about his detention which at that point had reached half a decade without resolution.The next morning the delegation,joined by in-country representatives (Ambassadors and Consular Generals from Embassies to the Philippines) from the OIC-PCSP (Peace Committee for the Southern Philippines) which is merely an expanded form of the Group of 8 (8 OIC member states that have taken the GPH-MNLF Peace Process as their pet project) and a delegation from GPH led by Secretary Jesus Dureza of OPAPP (Office of the Presidential Advisor on the Peace Process) left for a 3 day tour of Mindanao with time in Marawi City,Cotabato City and Jolo City.Returning on May 20 they met with GMA,the prancing pony of politeness herself,President Gloria M.Arroyo.Knowing that she couldn't pull the OIC's chain GMA whispered pillow talk and then pushed her own agenda,the desire of the Philippines to gain Observer Status at the OIC.With that unfufilled wish dangling in the air the 2 sides issued a Joint Communique in which they both acknowledged that the FPA's Phase II implementation has been left wanting.
Upon returning to Jeddah(where the OIC is based) el Masry composed his official report quickly and submitted it at the 33rd ICFM,the annual OIC Conference of Foreign Ministers,in Baku,Azeribijan (June 19 to June 21,2006).The jist of the report is that the Philippine Government strongly feels that it has succesfully implemented most if not all of Phase II.The MNLF holds a diametrically opposed viewpoint and there is a dire need with which to bring these 2 viewpoints more in alignment so as to salvage FPA.The OIC promptly passed a Resolution,#2-33-MM,which called for a Tripartite Review Process (GPH,MNLF and the OIC,in Section# 5 of the Resolution).The Tripartite Review was handed a mandate to not only review implementation but to develop modalities designed to foster and facilitate such implementation.
With the Philippine Government forced to agree the OIC tenatively schedualed the 1st Tripartite Review for November of that same year,2006.At the Government's insistence the Review was re-schedualed time and again before finally transpiring in November of 2007 (11/12-11/14).The GPH Delegation was chaired by Nabil Tan,Undersecretary for OPAPP while the MNLF's was led by attorney Randolph"Bong"Parcasio who was Chief Counsel for the MNLF and who had held the post of Executive Secretary under the Misuari Administration at ARMM.Ideally Misuari would have been in the driver's seat but he was still confined at Fort Santa Rosa.However,Misuari had personally picked each MNLF delegate and had Parcasio read a speech in his stead so that the entire affair had Misuari's thumbprint.The Review actually did manage to accomplish something in that both sides articulated a total of 36 Areas of Concern vis a vis Implementation of the FPA.In a quick review of these issues it was discovered that only 21 of them were at all cpntentious.
Having accomplished this the tet a tet could stake a claim to productivity but the meeting's 2nd mandate was to devise a mechanism with which to spur further implementational progress.All 3 delegations agreed to form a Tripartite Joint Secretariat composed of 5 members each from the MNLF and GPH.The Secretariat held its first meeting on December 10,2006 and ensconced itself in the Indonesian Embassy in Makati City in Metro Manila.At the First Review the 3 delegations agreed to form 5 Joint Working Groups to tackle the 21 contentious issues which they then categorised 5 ways:
1) National Defense and Security
2) Education
3) Economic and Finiancial Systems in addition to Natual Resource Exploitation ("exploitation"in the financial sense as in MPSAs,i.e."Mineral Production Sharing Agreements").
4) Administrative System and Right of Representation in addition to Participation in the National Government and All State Agencies.
5) Shar'ia (Islamic Jurisprudence) and the Judiciary
The exact structure of Working Groups,or"JWGs,"and their protocols were to be devised through the Tripartite Joint Secretariat.In addition,the 3 delegations agreed upon the formation of Ad Hoc Working Group,or"AHWG."AHWG was tasked with aiding in the JWG process as well as in assisting the Secretariat.The Secretariat met in January of 2008 and empanelled the 5 JWGs as well as AHWG and so the Tripartite Process began in earnest.
The 2nd Tripartite Review had actually been schedualed to take place concurrently to the Secretariat meeting but had,as was so often the case,been delayed.Again,all 3 Panels were Chaired by the same men that had led them at the 1st Review.Held only a few weeks behind scheduale (2/14-2/16) it was convened at the OIC Cultural Centre (IRCICA,OIC Research Centre) in Besiktas District Istanbul,Turkey.Mostly remembered as the Review where the gloves came off and delegates from the MNLF and GPH very nearly came to blows,in the end they agreed that the 5 JWGs were a decent beginning but that the groups needed fleshing out,more definition.Despite just having been formed the JWGs issued a collective Progress Report.
In March of 2009 the 3rd Tripartite Review took place at the Heritage Hotel in Metro Manila's Pasay City (3/11-3/13).Once again el Masry,Parcasio and Tan Chaired their respective delegations.The JWGs and Secretariat issued Progress Reports but the most notable development was that Misuari was in attendance for the first time having been released from detention on bail in April of 2008.On substantiative issues,the Review Process probably had its most accomplished period with all 3 Panels having agreed upon the formation of a Joint Legal Panel composed of delegates from the MNLF and GHP,to be co-Chaired by Leah Tandora Armamenta and Misuari.Speaking of Misuari,he certainly provided the entertainment by railing on and on about"GPH Massacres."Noone thought to remind him however that he had spent almost the entire decade in stir for getting more than 100 people killed.I reckon 100 violent deaths constitute a"massacre"but then again we ARE taking about Mindanao.The Joint Legal Panel,or JLP,was created to deal with the underlying issue in all of this,from the unresolved points of contention to the continued disparity in viewpoints between the Government and the MNLF.Its primary focus soon became the drafting an Ammendatory Bill for Congress to use in crafting a revision of,or even a full replacement for RA# 9054 (Expanded Organic Act).Hmmmmm...where have we heard THAT before?Ammendment or replacement og the Organic Act?Who would have imagined?
On January 22,2010 the JLP inked a Draft Bill at the Secretariat,housed in the Indonesian Embassy in Makati City.After presentation at the 4th Tripartite Review it would be submitted to Congress.Just a month later came the 4th and most recent Tripartite Review,in Jeddah,Saudi Arabia (2/22-2/23).Unlike the 3rd Review,Misuari Chaired the MNLF Panel while Secretary Teresita Q.Deles Chaired that of the GPH.There were 2 very notable accomplishments at this last meeting,namely the creation of the BDAF,or Bangsamoro Development Assistance Fund to act as the budgetary clearinghouse that had been omitted from the SPCPD and which was the single error most responsible for the failure to satisfactorily implement the FPA.Secondly,On the 3 remaining contentious issues:
1) Economic issues related to the Exploitation of Natural Resources,specifically Revenue Sharing between the Autonomous Region and the Government
2) Monitoring Entity for continued and sustained implementation of Phase II of the FPA
3) Umbrella for budgetary allocations specifically for development
the Panels agreed to form 3 Technical Committees,to be termed"Expert Groups".Now that the BDAF is being created the 3rd issue really will only deal with developing the BDAF's TORs (Terms of Reference,i.e."Protocols") so that it is a done deal really only leaving 2 issues.Of the 2,the Monitoring Body is a no-brainer in that it would simply be an evolution of the Tripartite Review Process.The real issue then will be Revenue Sharing on Natural Resources and since this has been hashed out in the GPH-MILF Peace Process with very favourable terms to the MILF I believe the light at the end of the tunnel is in sight.Of course that only means that Misuari and the MNLF will no longer be able to use the FPA and Tripoli 1976 as a scapegoat.It does NOT mean contention will disappear,nor will the violence still flaring up amongst the 5 extant MNLF Factions suddenly disappear.
Friday, April 29, 2011
Friday, April 22, 2011
MILF Armed Engagements, Second Quarter of 2011, 109 Base Command vs Buaya sa Lanao
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Thursday, April 21, 2011
Kidnap for Ransom,Second Quarter of 2011,Part III: American Citizen Milton Strowell Taylor
Milton "Sam" Strowell Taylor, a 63 year old American retiree from Ohio was dreaming of a better life when he arrived on Mindanao in early December, 2010. Like a suprisingly large number of American vistors to the island Mr.Taylor came in search of...buried treasure. Beginning in the very late 1960s enterprising con artists and people of questionable character began manufacturing stories usually centering on buried Japanese Gold.
The usual spiel is that a horde of "Yamashita's Gold" has been found. General Tomoyuki"Tiger of Malaya"Yamashita raped and pillaged all over Southeast Asia before shipping all the gold and jewels he had "confiscated" to Manila by way of Singapore. Once in the Philippines the war took a turn for the worse and so as Yamashita began retreating ahead of Allied troops he began depositing cachets in out of the way places, for retrieval in better times. Unfotunately for the General, Japan got its as* handed to them and Yamashita was captured. Worse still, he was branded a War Criminal (I hate when that happens) and was put on trial. Predictably General Yamashita was found guilty and on February 23, 1946 he was executed at Los Banos Prison Camp in Metro Manila.
While Mindanao WAS occupied, AND brutalised, by the Japanese during WWII, Yamashita never touched its shores. His legendary fighting retreat took place in Luzon. This is well worth mentioning because Yamashita is the name most often attached to supposed cachets of gold bullion, silver ingots and nickel babbits that enterprising swindlers claim to have discovered. An interesting riff on the theme is an American payroll in the form of Bearer Bonds or T-Notes, en route to USAFE guerilla forces on the island, crashed into an interior mountainside. There the plane and its contents sat undisturbed in the primeval rainforest until its latent discovery by primitive tribesmen with no concept of money, or modern concerns. Personally I find the latter story more believable and therefore I am a bit confused as to why such scammers are perpetually recycling the "gold bullion" nonsense as opposed to the "payroll" tale.
It is believed that the dynamic began on Luzon, indeed the late dictator Ferdinand Marcos claimed to have actually located Yamashita's treasure (giving rise to another Urban Legend, "Marcos' Gold." However THIS claim has been largely disproved and rationalised as an alibi for the vast fortune Marcos squirreled away. A fitting sidenote to these Luzon-centric tales is that almost always they involve Negrito Tribesmen. Originally the Negritos were mostly innocent actors, manipulated and duped themselves into portraying the "discovers" of whatever treasure was being peddled. Before long the Negritos themselves wised up and soon negated the role of lowlander middlemen and brokers, directly controlling the scam. I find that information gratifying on a certain level because if any one group should profit from the misery of whitemen it should be those whose land has been stolen BY whites (and in this case EVERYONE BUT NEGRITOS THEMSELVES) and who until the present live so far below the poverty line as to be virtually invisible. Don't get me wrong, I think theft is reprehensible EVEN IF it is entirely driven by the greed of the victim. It is just that I can't help admiring an iota of poetic justice..,
On Mindanao the usual scam involves fake gold ingots. In a very amateurish fashion the thieves take thinly gold plated bars, usually with lead cores, and then pass them off to naïve treasure hunters. To understand how gullible victims are, as heavy as lead may be, it is not nearly as heavy as actual gold. To show it in an even more ridiculous fashion, one recent scam used gold plated aluminum ingots! Aluminum is many more times lighter than steel, which is itself STILL three times as light as pure gold! Yet, after a scratch test which always registers positive for gold, we see person, after person, after person getting conned out of their money.
Just a few weeks ago, on February 28, 2011 a couple in Davao City were lured into such a scam. Despicably it was the wife's own aunt who led them like lambs to the slaughter. Florentino and Mailyn Capuyan allowed themselves to stupidly follow the advice of Marilyn's aunt, Erlinda P.Fernandez. Fernandez knew that the couple were looking into investing their savings and so arranged for the them to get in on a "great deal." After a quick phone call by Marilyn's salivating auntie they were given an address and told to immediately proceed to the home of Inday Mansalita. Ms.Mansalita, a Lumad (member of a Hilltribe, usually Animist) was "brokering" the cachet "discovered by fellow Lumads. Probably trebling with excitement...AND GREED, the couple wasted no time in driving to Malibog District on the outskirts of Davao City and found the Mansalita home.
Having agreed, amazingly on the phone, to buy 1 ingot and a gold Buddha statue for P1.7M (roughly 33,000 US) Florentino intelligenty asked to test the goods before handing over the paperbag full of pesos. When he picked up the ingot, which was manufactured out of an aluminum core, he realised it wasn't genuine (gee, it FINALLY occurred to him) and refused to fork over six times the average annual Mindanowan salary. At that point Inday's 7 male friends popped out with bolos (machetes) and explained that IF the couple didn't want to buy the ingot and statue, that was their perogative. However, their money was staying. To add insult to injury Marilyn had her P6,000 watch, P32,000 worth of jewlery and her P2,500 cellphone taken as well. At least they lived to tell about it, and to charge all the players including Auntie Erlinda.
In kidnap victim Milton Strowell Taylor's case, he was spending months online, chatting up the bottom feeders lurking around treasure hunting websites. These sites are full of con artists and the fish they fry. One person spending a lot of time talking to Mr.Taylor was a man from Lanao del Norte Province. Finally taking the plunge this past December, 2010, Mr.Taylor flew into Cagayan del Oro City, in Misamis Oriental Province, just across the border from Lanao del Norte. Checking into room number 604 at a dive called "Lamar Inn," on the corner of Velez and JR Borja Streets, Mr.Taylor soon did his best to lose his life savings in record breaking time.
Registering as "Sam Taylor" he would spend his days meeting chatmates off of treasure hunting websites, trying to separate the wheat from the chaff. On Janurary 12, 2011 he met his "friend" from Lanao del Norte in front of a food stall near Divisoria Mall. The young man who presented himself was in the company of a second man whom he identified as a family member who would be driving them to a promising site. Innocently the very gullible Mr.Taylor joined his 2 new associates for a ride to what he believed would be the municipality of Opol in that same province, Misamis Oriental. Imagine his suprise then when the SUV pulled into the parking lot of a mall in Iligan City, in Lanao del Norte Province. Imagine how much more suprised Mr.Taylor was when told that they would now have to switch vehicles...and oooops, "here's a blindfold to protect my "treasure's" location."
Fast forward to February 11. Mr.Taylor's loving wife back in Ohio notified the US Embassy in Manilla that her husband just phoned her to inform her that he'd been kidnapped and that his captors were threatening to kill him unless their Ransom demand of P10 Million (roughly 225,000 US) was paid promptly. The Embassy, following SOP (Standard Operating Procedure) notified the FBI (Federal Bureau of Investigation, the top echelon of US Law Enforcement and the entity responsible for Americans victimised by crime in foreign nations). The FBI naturally contacted the Cagayan del Oro Police and lo and behold...What does the Cagayan del Oro PNP (Philippine National Police) do? They accuse Mr.Taylor of simply absconding to avoid having to pay a steep hotel bill. The Police Department's Chief, Sr.Supt.Antonio Montalba, reveals his ineptitude and crass unprofessionalism by badmouthing a man he knows nothing about. Making him look even more retarded is the fact that Mr.Taylor's passport was sitting in his room. How many foreigners are going to flee without their passports? A foreigner is unable to board a plane or a ferry without that crucial document. Unless one is aiming to spend the rest of his life growing yams while living in a nipa (bamboo framed thatched hut) they wouldn't be leaving THAT when trying to sneak out on a hotel bill.
How much was this huge bill anyway? It turns out that indeed, by Phillipine standards it was a very expencive tab. The total was P29,100 (roughly 690 US). One needs to understand that 690 US Dollars isn't a lot of money in the United States. The average monthly rent for a 1 bedroom apartment in New York City is close to 2,000 US Dollars. Therefore EVEN IF Mr.Taylor had been carrying his passport, as indeed foreigners always should (it is actually against the law not to do so), why would anyone with the slightest degree of sophistication imagine that person had decided to commit a major crime over such an insubstantial sum of money? One can easily understand why Mayor Emano finds his Chief of Police to be so disgusting.
By March Mr.Taylor's captors had realised that far from popular belief, not ALL Americans had cash puring out of their orifices. The kidnappers, guerillas from the MILF's 102 Base Command, lowered their initial demand of P10M to P300,000 (roughly 6,600 US) and still negotiations continued. After the requsite Proof of Life Videos (whatever happened to Polaroid snapshots of a victim holding a current newspaper) talks progressed more rapidly. At the end of March the negotiators settled on a measly P100,000 (roughly 2,200 US), or what is euphamistically known as a "Lodging Fee," to cover the victim's "Room and Board." At least that was the amount revealed in the media. The actual fee was P2 Million Pesos (roughly 44,000 US).
As a rule of thumb Philippine Authorities never publicly reveal Ransom details. At best they admit to a relatively paltry sum and play it off as the afore mentioned "Lodging" fee, as if victims ate 100,000 Pesos worth of boiled white rice and dried fish over the course of 2 months. In fact, intelligent people never notify the authorities when a loved one is kidnapped. Publicity mearely makes the captive more lucrative and drives up the Ransom. Often enough it is the local officials themselves, including local PNP (Philippine National Police) that have orchestrated the kidnappings. As I mentioned in a First Quarter 2011 entry on Kidnapping, a whole roster of local officials in Cotabato City have been charged in the Tsinoy (Chinese-Filipinos) Kidnappings that have plagued the city over the last 3 decades. None other than that municipality's local warlord, Vice Mayor Muslamin Sema found himself being criminally charged.
Mr.Taylor however can now try and put the whole sordid affair behind him. On April 4th, 2011 on the borders of Balo- and Marawi City, Lanao del Sur Province, the MILF handed a gaunt and pale Mr.Taylor to a slew of local officials led by Marawi's mayor who himself has been fingered (but not charged) in a rash of kidnappings affecting that part of yje island. Taken to Amai Pakpak Hospital in Marawi City for the requisite once over, he was then driven to Cagayan del Oro City for the (likewise) requisite photo opportunity in Mayor Emano's office. After the cameras were turned off the FBI took custody of a bewildered Mr.Taylor, poorer but at least alive.
The usual spiel is that a horde of "Yamashita's Gold" has been found. General Tomoyuki"Tiger of Malaya"Yamashita raped and pillaged all over Southeast Asia before shipping all the gold and jewels he had "confiscated" to Manila by way of Singapore. Once in the Philippines the war took a turn for the worse and so as Yamashita began retreating ahead of Allied troops he began depositing cachets in out of the way places, for retrieval in better times. Unfotunately for the General, Japan got its as* handed to them and Yamashita was captured. Worse still, he was branded a War Criminal (I hate when that happens) and was put on trial. Predictably General Yamashita was found guilty and on February 23, 1946 he was executed at Los Banos Prison Camp in Metro Manila.
While Mindanao WAS occupied, AND brutalised, by the Japanese during WWII, Yamashita never touched its shores. His legendary fighting retreat took place in Luzon. This is well worth mentioning because Yamashita is the name most often attached to supposed cachets of gold bullion, silver ingots and nickel babbits that enterprising swindlers claim to have discovered. An interesting riff on the theme is an American payroll in the form of Bearer Bonds or T-Notes, en route to USAFE guerilla forces on the island, crashed into an interior mountainside. There the plane and its contents sat undisturbed in the primeval rainforest until its latent discovery by primitive tribesmen with no concept of money, or modern concerns. Personally I find the latter story more believable and therefore I am a bit confused as to why such scammers are perpetually recycling the "gold bullion" nonsense as opposed to the "payroll" tale.
It is believed that the dynamic began on Luzon, indeed the late dictator Ferdinand Marcos claimed to have actually located Yamashita's treasure (giving rise to another Urban Legend, "Marcos' Gold." However THIS claim has been largely disproved and rationalised as an alibi for the vast fortune Marcos squirreled away. A fitting sidenote to these Luzon-centric tales is that almost always they involve Negrito Tribesmen. Originally the Negritos were mostly innocent actors, manipulated and duped themselves into portraying the "discovers" of whatever treasure was being peddled. Before long the Negritos themselves wised up and soon negated the role of lowlander middlemen and brokers, directly controlling the scam. I find that information gratifying on a certain level because if any one group should profit from the misery of whitemen it should be those whose land has been stolen BY whites (and in this case EVERYONE BUT NEGRITOS THEMSELVES) and who until the present live so far below the poverty line as to be virtually invisible. Don't get me wrong, I think theft is reprehensible EVEN IF it is entirely driven by the greed of the victim. It is just that I can't help admiring an iota of poetic justice..,
On Mindanao the usual scam involves fake gold ingots. In a very amateurish fashion the thieves take thinly gold plated bars, usually with lead cores, and then pass them off to naïve treasure hunters. To understand how gullible victims are, as heavy as lead may be, it is not nearly as heavy as actual gold. To show it in an even more ridiculous fashion, one recent scam used gold plated aluminum ingots! Aluminum is many more times lighter than steel, which is itself STILL three times as light as pure gold! Yet, after a scratch test which always registers positive for gold, we see person, after person, after person getting conned out of their money.
Just a few weeks ago, on February 28, 2011 a couple in Davao City were lured into such a scam. Despicably it was the wife's own aunt who led them like lambs to the slaughter. Florentino and Mailyn Capuyan allowed themselves to stupidly follow the advice of Marilyn's aunt, Erlinda P.Fernandez. Fernandez knew that the couple were looking into investing their savings and so arranged for the them to get in on a "great deal." After a quick phone call by Marilyn's salivating auntie they were given an address and told to immediately proceed to the home of Inday Mansalita. Ms.Mansalita, a Lumad (member of a Hilltribe, usually Animist) was "brokering" the cachet "discovered by fellow Lumads. Probably trebling with excitement...AND GREED, the couple wasted no time in driving to Malibog District on the outskirts of Davao City and found the Mansalita home.
Having agreed, amazingly on the phone, to buy 1 ingot and a gold Buddha statue for P1.7M (roughly 33,000 US) Florentino intelligenty asked to test the goods before handing over the paperbag full of pesos. When he picked up the ingot, which was manufactured out of an aluminum core, he realised it wasn't genuine (gee, it FINALLY occurred to him) and refused to fork over six times the average annual Mindanowan salary. At that point Inday's 7 male friends popped out with bolos (machetes) and explained that IF the couple didn't want to buy the ingot and statue, that was their perogative. However, their money was staying. To add insult to injury Marilyn had her P6,000 watch, P32,000 worth of jewlery and her P2,500 cellphone taken as well. At least they lived to tell about it, and to charge all the players including Auntie Erlinda.
In kidnap victim Milton Strowell Taylor's case, he was spending months online, chatting up the bottom feeders lurking around treasure hunting websites. These sites are full of con artists and the fish they fry. One person spending a lot of time talking to Mr.Taylor was a man from Lanao del Norte Province. Finally taking the plunge this past December, 2010, Mr.Taylor flew into Cagayan del Oro City, in Misamis Oriental Province, just across the border from Lanao del Norte. Checking into room number 604 at a dive called "Lamar Inn," on the corner of Velez and JR Borja Streets, Mr.Taylor soon did his best to lose his life savings in record breaking time.
Registering as "Sam Taylor" he would spend his days meeting chatmates off of treasure hunting websites, trying to separate the wheat from the chaff. On Janurary 12, 2011 he met his "friend" from Lanao del Norte in front of a food stall near Divisoria Mall. The young man who presented himself was in the company of a second man whom he identified as a family member who would be driving them to a promising site. Innocently the very gullible Mr.Taylor joined his 2 new associates for a ride to what he believed would be the municipality of Opol in that same province, Misamis Oriental. Imagine his suprise then when the SUV pulled into the parking lot of a mall in Iligan City, in Lanao del Norte Province. Imagine how much more suprised Mr.Taylor was when told that they would now have to switch vehicles...and oooops, "here's a blindfold to protect my "treasure's" location."
Fast forward to February 11. Mr.Taylor's loving wife back in Ohio notified the US Embassy in Manilla that her husband just phoned her to inform her that he'd been kidnapped and that his captors were threatening to kill him unless their Ransom demand of P10 Million (roughly 225,000 US) was paid promptly. The Embassy, following SOP (Standard Operating Procedure) notified the FBI (Federal Bureau of Investigation, the top echelon of US Law Enforcement and the entity responsible for Americans victimised by crime in foreign nations). The FBI naturally contacted the Cagayan del Oro Police and lo and behold...What does the Cagayan del Oro PNP (Philippine National Police) do? They accuse Mr.Taylor of simply absconding to avoid having to pay a steep hotel bill. The Police Department's Chief, Sr.Supt.Antonio Montalba, reveals his ineptitude and crass unprofessionalism by badmouthing a man he knows nothing about. Making him look even more retarded is the fact that Mr.Taylor's passport was sitting in his room. How many foreigners are going to flee without their passports? A foreigner is unable to board a plane or a ferry without that crucial document. Unless one is aiming to spend the rest of his life growing yams while living in a nipa (bamboo framed thatched hut) they wouldn't be leaving THAT when trying to sneak out on a hotel bill.
How much was this huge bill anyway? It turns out that indeed, by Phillipine standards it was a very expencive tab. The total was P29,100 (roughly 690 US). One needs to understand that 690 US Dollars isn't a lot of money in the United States. The average monthly rent for a 1 bedroom apartment in New York City is close to 2,000 US Dollars. Therefore EVEN IF Mr.Taylor had been carrying his passport, as indeed foreigners always should (it is actually against the law not to do so), why would anyone with the slightest degree of sophistication imagine that person had decided to commit a major crime over such an insubstantial sum of money? One can easily understand why Mayor Emano finds his Chief of Police to be so disgusting.
By March Mr.Taylor's captors had realised that far from popular belief, not ALL Americans had cash puring out of their orifices. The kidnappers, guerillas from the MILF's 102 Base Command, lowered their initial demand of P10M to P300,000 (roughly 6,600 US) and still negotiations continued. After the requsite Proof of Life Videos (whatever happened to Polaroid snapshots of a victim holding a current newspaper) talks progressed more rapidly. At the end of March the negotiators settled on a measly P100,000 (roughly 2,200 US), or what is euphamistically known as a "Lodging Fee," to cover the victim's "Room and Board." At least that was the amount revealed in the media. The actual fee was P2 Million Pesos (roughly 44,000 US).
As a rule of thumb Philippine Authorities never publicly reveal Ransom details. At best they admit to a relatively paltry sum and play it off as the afore mentioned "Lodging" fee, as if victims ate 100,000 Pesos worth of boiled white rice and dried fish over the course of 2 months. In fact, intelligent people never notify the authorities when a loved one is kidnapped. Publicity mearely makes the captive more lucrative and drives up the Ransom. Often enough it is the local officials themselves, including local PNP (Philippine National Police) that have orchestrated the kidnappings. As I mentioned in a First Quarter 2011 entry on Kidnapping, a whole roster of local officials in Cotabato City have been charged in the Tsinoy (Chinese-Filipinos) Kidnappings that have plagued the city over the last 3 decades. None other than that municipality's local warlord, Vice Mayor Muslamin Sema found himself being criminally charged.
Mr.Taylor however can now try and put the whole sordid affair behind him. On April 4th, 2011 on the borders of Balo- and Marawi City, Lanao del Sur Province, the MILF handed a gaunt and pale Mr.Taylor to a slew of local officials led by Marawi's mayor who himself has been fingered (but not charged) in a rash of kidnappings affecting that part of yje island. Taken to Amai Pakpak Hospital in Marawi City for the requisite once over, he was then driven to Cagayan del Oro City for the (likewise) requisite photo opportunity in Mayor Emano's office. After the cameras were turned off the FBI took custody of a bewildered Mr.Taylor, poorer but at least alive.
Kidnap for Ransom, Second Quarter of 2011: Jinkee Lim Yap
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Wednesday, April 20, 2011
Kidnap For Ransom,Second Quarter of 2011,Part II: Agusan del Sur Hostage Crisis
The Second Quarter of 2011 began on April 01, and as the saying goes, "it began with a bang." Students and faculty had just left the Graduation festivities at Valentina G.Plaza Elementary School in Sitio Balite, in Purok #7, Barangay La Purisima, Prosperidad, the provincial capitol of Agusan del Sur. As the guests trudged home, up the jungle trails radiating out of the government school's campus an armed band of Manobo Tribesmen were nervously waiting to pounce.
Led by 17 year old Kenken Perez, the 5 gunmen, armed with 1 M16, 1 M14, 1 M1, a 12 gauge and a 45 caliber pistol and all between the ages of 15 and 17 aimed to take hostages so as to finally gain justice for the Perez Clan. KenKen's older brother Joebert"Ondo"Perez was sitting in the provincial jail downhill in the town's Barangay Patin-ay. The family's trouble began in June of 2008 when the Tubay Clan, attacked and killed members of the Perez Clan over illegal logging rights on a particular strand of rain forest. In February, 2009 Ondo, an ex-paramilitary soldier led a group of clansmen in a bid to settle the score, resulting in the killing of 4 Tubay family members. Ironically the Perez Clan wasn't opposed to the Tubay Clan. The Tubay merely entered the fray in support of an ally, tribal chieftain Datu Kalbit.
By December of that year, 2009, authorities were ready to arrest Ondo and several family members over the February killings. As is often the case the PNP (Philippine National Police) contacted barangay officials to try and ascertain both the location of the wanted man as well as up to date intelligence on arms and any potential booby-traps. As is so often the case here on Mindanao, the local officials happened to be related to the Perez family and so he sent word to Ondo that they were about to serve a warrant of arrest on him for Multiple Murder, among other charges.
As one might expect Ondo didn't take the news well, all the more so when no warrants had ever been served against the Tubay Clan, whose murdering of Ondo's family members had sparked the feud. On Thursday, December 09, 2009 just after daybreak Ondo led 15 gunmen downhill to a more settled portion of of the municipality, Sitio Maitum, Barangay San Martin. The men announced to the startled villagers that they should all gather in front of the Barangay Hall for an "Important Announcement" at 6AM. With only about a dozen curious villagers taking the bait Ondo announced that the announcement was that he had kidnapped them, then had his gunmen swarm anyone out and about. All told the armed band ended up taking 125 hostages, mostly young students from Maitum Elementary School, but including school staff and 2 VERY unluck loggers working for a multi-national timber concession, "Casilayan Softwood Development Corporation."
Forcing the terrified hostages uphill at gunpoint the Perez gunmen finally broke camp 2 kilometers up country, north of the sitio in an abandoned cement and cinderblock structure. Realising that 125 people were too many to control Ondo ended up releasing 50 hostages. It was at that point that authorities in the central part of the municipality became aware of a serious hostage situation taking place in the mountains above them, though, the municipal PNP detachment later recalled receivibg reports of gunfire in Barangay La Purisima, near the hostage taking site at about 8AM. After the requisite notifications to authorities higher up the food chain the mayor hastily convened a CMC, or "Crisis Management Committee." Appointing himself chairman he allowed provincial DSWD (Department of Social Welfare) Director, Josefina Bajade taking the actual point position. His rationale was extremely simple, as a Bisaya, a Cebuano speaker, he was unable to communicate with the gunmen who only conversed in Agusan Manobo, their tribal language. Luckily for the mayor, Ms.Bajade is fluent in Agusan- Manobo.
With Ms.Bajade talking directly to Ondo, first by cellphone and then face to face the CMC was able to quantify Ondo's demands. First and foremost Ondo wanted the warrant rescinded. He then said he wanted Jun Tubay, the Tubay clan leader to be arrested for the murders he had committed in 2008, and if that weren't immediately possible he wanted the Tubays disarmed. Allowing Ondo to fully articulate his demands ended up taking a fair amount of wind out of his sails. The adrenaline now waning he quietly complied with Ms.Bajade's gentle suggestion that he free some of the remaining hostages as a goodwill gesture to prove his sincerity to the CMC. At 345PM the gunmen released 18 more hostages, 17 of them children. The 18th, an elderly woman was released because of physical infirmities.
The remaining 57 hostages were all adults, school staff, the 2 loggers and the villagers of Sitio Maitum. By nightfall the incident had reached national proportions with media rushing to the isolated Northeast corner of Mindanao. With that added attention came added pressures for everyone involved. Ondo now seriously faced a very heavy military response. Likewise, the CMC now had President Arroyo and her lackeys breathing down their necks. The Mighty Mental Midget of Malacanang insisted on thorough updates every 15 minutes and woe to the one who had nothing new and substantiative to add. To top things off, Ms.Bajade, terribly out of her element began cozying up to the media. Taking them into her misplaced confidence she crowed about the injustices Ondo had had to deal with. Egging her on the media got Ms.Bajade to tell them all about her deep friendship with Ondo and his family and so she came off looking as if she was coddling a hostage-taking gunman. Worse yet, she had caved into the media's demands and been taking increasingly larger groups of journalists uphill to the cement building, risking having the journalists being taken hostage as well.
By Friday morning, December 10, Josefina Bajade had been sidelined. Taking her place was Tata Perez (no relation to Ondo), another Manobo-speaking Bisaya who was then serving as the Executive Assistant to the provincial governor. The situation became bizarre when Ms.Bajade, possibly seeking attention, corralled the media and "revealed" that during the murder of Jun Tubay's family members Ondo had actually been with Ms.Bajade and her husband. At this point the media derisively dubbed her, "Ondo's Attorney." She had been shelved after angry criticism from PRO (Police Regional Office) Caraga (the region in which Agusan del Sur Province sits) Director, Sr.Supt.Nestor Monton Fajura told the national media that, "she is giving us a headache the way she is negotiating with these criminals." The inference being that "negotiation" should have never taken place. Usually, there is no hostage negotiation to speak of. The general PNP modus operandi is to shoot first, ask questions later and who really cares if hostages end up dead in the process. That semi-retarded reasoning would end up causing a huge political incident with the killing of a group of hostages visiting Manila from Hong Kong but that was still in the future at that point.
It should be noted that Sr.Supt.Fajura made his observations from the comfort of his airconditioned office in Butuan City, 80 kilometers to the north of the hostage situation, never once bothering to visit the site. Even more pathetically, when asked his prediction for the outcome of the hostage drama, he piggishly turned to the cameras and offered that Ondo would hold out until December 14, when Triple M herself, President Arroyo would be visiting Caraga. Asked to explain, Fajura responded that Ondo would do so because he wanted a "dramatic conclusion," one in which he could portray himself as a victim, "as if they are the oppressed."
The Agusan Manobo it should be noted regularly die from malnutrition, rarely obtain 5th grade educations and are generally treated like garbage so Sr.Supt.Fajura really over played his hand that day.
At 7AM a female hostage, Templanza Avenido, asked Ondo if it was OK for her to drop by her house nearby to get a change of clothes and feed her livestock. Amazingly he not only agreed but also released 2 other female hostages sitting next to her:
1) Rita Fernandez
2) Zenaida Maglasang
At 10AM that morning the CMC sank even lower by enlisting not only Ondo's elderly father, Conrado, but Ondo's 10 year old daughter as well in an attempt to emotionally manipulate him into freeing his remaining hostages.
As the day progressed Friday, December 10, 2009 negotiations slowly progressed, with Ondo understandably angry over Josefina Bajade being removed from the equation. Rule 1 in Hostage Negotiation is to employ a point of contact that is able to develop a rapport with the lead hostage taker. Noone can deny that Ms.Bajade had already had that rapport going into the affair though she had been chosen simply on the basis of her language skills. Still, removing her was entirely wrong (an understatement). Her faults were manageable and were more than a fair exchange in return for her unmatched rapport. Still, it didn't propel the drama towards tragedy and so that huge error can be overlooked, as indeed it has. Had Ondo turned around and dispatched his 54 remaining hostages it might be a different story entirely.
As if to prove the stupidity of removing Ms.Bajade, shortly before she left negotiations, at 1PM Ondo agreed, as a concession for the lead. Negotiator, to release 6 more of his hostages:
1) Lillia Caube
2) Benita Dolorito
3) Eloisa Abala
4) Merly Sanchez
5) Mary Jane Goden
6) Felix Lacre
In another huge error of judgement the authorities backed off of negotiations each evening at nightfall, 7PM. That evening after everyone had traipsed back down the mountain Ondo became involved in a conversation with a hostage named Nestor after finding the man near tears. During their talk Nestor revealed that his father's wake was taking place that evening in his home town of Tandag, in neighbouring Surigao del Sur Province. Suprisingly, Ondo told Nestor he was free to attend the wake as long as he promised to return the next day. Nestor, shocked, walked out and into freedom leaving 47 hostages remaining.
After daybreak Saturday, December 11, the CMC added the Bishop of Butuan City, Juan de dos Pueblos as an unofficial member of the negotiating team. Though most Agusan Manobo are Animists they do place great respect in other forms of religion. By the afternoon the Archbishop and Ondo's father were able to relay a breakthrough concerning Ondo's primary demand, the recall of the warrant. Not long after talks broke off with Ondo promising to give his decison at daybreak.
Sunday morning, December 12, Ondo greeted his father and announced that he was willing to end the standoff in exchange for the authorities' guarantee over the warrant, but insisted on a written guarantee (despite his not being able to read in any language, let alone in Cebuano, Tagalog or English, the languages it would be written in). Ondo's father hiked downhill and after relaying his son's message accompanied most of the CMC back up hill where they held a 2 hour meeting with Ondo. The 1 page written agreement had the charges against Ondo being withdrawn from the Regional Trial Court and transferred to the Agusan-Manobo Tribal Court so that the killings could be judged within the proper cultural context. Before signing off on the document Ondo waited for assurances that a tribal shaman, Datu Josue Duhac had made a ceremonial sacrifice of chickens and a hog to gain spiritual assistance for Ondo and his 15 men. Receiving word that the sacrifice had taken place Ondo happily affixed his thumbprint on the hastily composed document. Signing for the government was the governor of Agusan del Sur Province, Valentina"Tina"G.Plaza, Vice Governor Santiago Cane Jr., PNP PRO-Caraga Director, Sr.Supt.Antonio Paguirigan, Fr.Lito Clase (for the Bishop), NCIP (National Commission of Indigenous People) Caraga Regional Director Jose"Jake"Dumagan and...Josefina Bajade. Smiling, feeling safe, Ondo turned to his gunmen and ordered them to release the remaining 47 hostages.
The hostages joyously walked downhill after slightly more than 75 hours and into a media barrage. Not long after the CMC and Ondo et al walked hand in hand , smiling into the media glare. Ondo was told that he would be driven to the Bishop's Residence in Butuan City so as to assure his safety from the Tubay Clan and its supporters. Tired, but relieved, Omdo climbed into the backseat of the mayor's SUV...and was promptly driven to the Provincial Jail. There he was stripped and thrown into a dungeon-like cell. The double-cross was deftly handled. The authorities pretended that Ondo was safe in Butuan, sometimes giving media soundbites just meters from the jail. Municipal PNP Chief,Sr.Supt. Leonardo Espina had the gall to tell reporters on Wednesday, December 15 that the NCIP (National Commission on Indigenous Peoples) was just about to get Ondo's warrant rescinded and charges transferred from Regional Trial Court to the Agusan-Manobo Tribal Court. As he was saying this, Ondo had been formally charged the day before, not only in the Multiple Murder case (only 3 of the 4 counts) but with 125 counts of Kidnapping and Illegal Detention as well!
Fast forward to April 01, 2011...As Ondo and 13 of his 15 men (since the ones aged 17 and 16 are "juveniles" and therefore exempt from all prosecution) sat stewing in the provincial jail. Knowing how Ondo had been lied to his brother Kenken devised a way in which to try and remedy the situation. Kenken, along with friends Toto Navarro, Rejoy Brital and Alejandro Brital decided that they would emulate Ondo and take hostages. What better way than to express their frustration over Ondo's treatment? Uneducated, none of the teens having passed 4th grade, its doubtful then that any of them were able to grasp the concept of "irony" and yet they were able to nail it to a tee.
Quickly rounding up 12 people returning from the afore mentioned Graduation Ceremony at Valentina G.Plaza Elementary School (named after the governor who signed the fake agreement with Ondo, irony indeed) they began herding the captives at gunpoint when another brother of Ondo's, Allan"Ilag"Perez worriedly ran into the group as they moved up the jungle trails. Unable to dissuade Kenken he then joined them on impulse. It was at this point that Kenken decided to grab 3 "habal-habal" drivers as well, hapless motorcycle taxi drivers who were hoping to pick up a fare as the crowd headed home.
The 15 hostages:
1) Hipolito Lastimado, School District Supervisor
2) Narciso Oliveros, School District Supervisor II
3) Joel Sausa, Values Teacher, Santa Irene Elementary School
4) Apolonio Alibangbang, Head Teacher, La Purisima Elementary School
5) Manuel Moderno, Teacher In Charge, Maasin Elementary School
6) Allan Galdiano, Teacher, Valentina G.Plaza Elementary School
7) Filipina Quitoy, Teacher In Charge, Inagawan Elementary School
8) Arnold Quitoy, the husband of hostage #7
9) Diosdideth Canbantac, Teacher In Charge, Valentina G.Plaza Elementary School Pre-School
10) Mary Jane Bedrijo, Pre-School Teacher, Valentina G.Plaza Elementary School
11) Marvin Jay Corvera, Student at Valentina G.Plaza Elementary School, age 12
12) Sirena Fe Cabantac, Student at Valentina G.Plaza Elementary School, age 10
13) Galvan Vocales, habal-habal driver
14) Zaldy Rodriguez, habal-habal driver
15) Ribo Binambang, habal-habal driver
Almost immediately authorities were informed and Mayor Allan Magdamit repeated the steps taken in 2009. Convening a new CMC he suprisingly asked Josefina Bajade to serve as point. All in all it was an intelligent decison (just as it had been in 2009) given that just as in the prior case, none of the hostage takers could speak anything besides their own tribal language, Agusan-Manobo. Joining them on the CMC were:
1) Gilbert Perez, Barangay Captain of Barangay La Purisima (the barangay where the incident took place),
2) Rommel Villamor, Chief Inspector, Commanding Officer of the PNP's Provincial Public Safety Company,
3) Jerone [sic] S.Baxinela, Sr.Supt., Provincial PNP Commanding Officer,
4) Rodrigo P.Diapana, Col., Commanding Officer of the 402nd Brigade (4ID), AFP,
5) Neil Richard Patricio, LTC., Commanding Officer, 26IB (402 Bde,4ID), AFP,
Though not officialy part of the CMC the team did include Chief Supt.Reynaldo Serrano Rafal, Director of the PNP's PRO-Caraga (Police Regional Office).
The first time they all were present was for a 9AM meeting in Mayor Magdamit's office at the municipal hall. Ms.Bajade informed the CMC that per her "negotiations" with Kenken the evening before the immediate demand of the hostage takers was food and drink. Their objective in taking hostages however was to force the government into finally keeping its word and releasing Ondo and his 15 gunmen. Unlike the 2009 incident the gunmen were staying immobile. During the day the hostages were being ferried from clearing to clearing deep in the jungle while at night, thus far, they had encamped in small tribal settlemnts. Ms.Bajade was quickly excused to resume negotiations as the rest of the CMC did what CMCs do best, sat on their thumbs, drinking coffee and giggling in between the calls from Manila.
Almost immediately though some changes were more than apparent. Most noticeably there was no media at the CMC Base Camp in the mountains. Where as Ms.Bajade had been so accomodating in 2009, she was unapproachable now. The Mayor, as Chairman of the CMC, informed the media that they would be confined to the town's basketball court down the street from the municipal hall. Updates would be doled out as the CMC saw fit, non-negotiable. Not used to being marginalised, people got antsy pretty fast. As tempers flared it was journalists themselves who smoothed things over by pointing out that since the "Hong Kong" debacle in Manila, where media interderence directly caused the death of numerous hostages the CMC policy should have been expected. There wasn't much at all for any journalist to complain about after that slap in the face.
That afternoon, Saturday April 02, Ms.Bajade conferred with Mayor Magdamit by cellphone and relayed that Kenken Perez was demanding to speak to his brother Ondo- in person. After first spitting invectives into his handset the mayor hatched an idea of his own. Trying to turn the tables on the hostage takers he quickly made his way to the provincial jail in Barangay Patin-ay and had Ondo brought out to see him. Taking Ondo into an unused office he confirmed what Ondo had already heard in gossip from the police officers guarding the jail (the Philippines doesn't use correctional officers but merely has police officers pull duty as prison guards). Talking to Ondo the mayor tried to communicate the seriousness of the situation. He allowed Ondo to infer that 2 of his teenaged brothers and some of their friends were about to die when the military and police stormed their position. Then Mayor Magdamit laid it all on Ondo, telling him that it was all because of Ondo that more of his family would lose their lives. Desperate now to avert what he perceived as the inevitable conclusion it was Ondo himself that volunteered to bring the drama to a quiet and safe end. The mayor said that he couldn't guarantee any results but IF Ondo was truly serious he would go to bat for him and try to get him the opposrtunity to help his brothers.
It took the mayor all of an hour to get a Regional Trial Court judge to issue a Temporary Release Order that would allow him to take full custody of Ondo for an unspecified period of time. It was at that point that Josefina Bajade informed Kenken Perez that they would fulfill Kenken's demand and brong Ondo to him. They afreed to meet in that same jungle clearing at 8AM the next day, Sunday, April 03.
Very early Sunday morning the mayor and Ms.Bajade took custody on Ondo, along with 2 plainclothes soldiers, and piled into the mayor's SUV for the ride to Barangay La Purisima, Arriving on time at the jungle clearing they were sadly suprised to find the glade empty. Waiting 3 hours, until 11AM, they dejectedly returned Ondo to jail. The rest of the day passed without contact as pressure began mounting in certain corners for the implementation of a military solution (i.e. "Kill the kidnappers and most of the hostages").
On Monday, April 04 the "military option" was gaining support and the media, frustrated on the basketball court was losing patience even more rapidly. As the tension reached fever pitch the CMC met back in the municipal hall, trying to reach a consensus one way or the other. They were shocked when 2 soldiers rushed into the mayor's office blurting out that 2 of the hostages had just casually ridden into Barangay Poblacion on a motorcycle to pick up some medicine at a pharmacy. The CMC rushed outside en masse and to their suprise they found that the soldiers had been right! Hipolito Lastimado and Diosdideth Canbantac had indeed been allowed to come off the mountain. Using 1 of the motorcycles discarded when the 3 habal-habal drivers had been taken hostage they had ridden tandem, with the threat that should they not return hostages would die. Their captors had allowed them to go because they were qorried about the condition of 1 of the 2 children being held. Of course, it is sad indeed that the PNP amd AFP cordon was so inept that 2 hostages on a motorcycle could make their way into the heart of the provincial capitol with noone the wiser.
The mayor quickly ushered the 2 men into his office where he debriefed them. To their horror the CMC then forbade their return. Forgetting that a sick child needed medicine, what about the threat to kill hostages? This simply doesn't factor into the government's thinking. To the gunmens' credit they failed to follow through on their threats and the following afternoon, Tuesday April 05 they released the sick hostage. 12 year old Marvin Jay Corvera. Was immediately hospitalised and went onto make a full recovery.
That evening it was decided, once again, to replace Ms.Bajade with Rolando Brital, father of hostage taker Rejoy Brital, hoping once again to use familial pressure to make some progress. Ms.Bajade remained on the CMC but was removed as the official point of contact in favour of Mr.Brital who appointment as such was pretty much a cosmetic move. It was at that point that the CMC went public with the fact that the kidnappers weren't educated enough to understand that the authorities simply couldn't erase Ondo's charges. The CMC expressed frustration with telling comments that ridiculed not only the gunmen but their families and tribe. "It is extremely frustrating when dealing with people who can't even read, let alone understand the simplest of issues. Of course one cannot blame them, the differences are largely cultural."
It was Monday evening that President Aquino could no longer control himself and entered the fray. Expressing his own ineptitude he warned that the standoff better end soon, "or else." That night he deployed Secretary of Infrastructure and Local Government, Jesse M.Robredo south to Mindanao to further pressure the CMC and antagonise the hostage takers. Of all the things to micro-manage, this wasn't one of them. As Secretary Robredo huffed and puffed local tribal leaders begged for a chance to help solve the standoff. Of course they were ignored and so it continued until 6AM, Wednesday, April 06 at which point the 12 remaining hostages were left in a jungle clearing as the gunmen slipped into the jungle where they remain until now, not only well armed but knowing that should they try and go the straight and narrow they can only hope to join Ondo in jail. Just another group of pissed off young men carrying automatic weapons in the jungles of Mindanao.
Led by 17 year old Kenken Perez, the 5 gunmen, armed with 1 M16, 1 M14, 1 M1, a 12 gauge and a 45 caliber pistol and all between the ages of 15 and 17 aimed to take hostages so as to finally gain justice for the Perez Clan. KenKen's older brother Joebert"Ondo"Perez was sitting in the provincial jail downhill in the town's Barangay Patin-ay. The family's trouble began in June of 2008 when the Tubay Clan, attacked and killed members of the Perez Clan over illegal logging rights on a particular strand of rain forest. In February, 2009 Ondo, an ex-paramilitary soldier led a group of clansmen in a bid to settle the score, resulting in the killing of 4 Tubay family members. Ironically the Perez Clan wasn't opposed to the Tubay Clan. The Tubay merely entered the fray in support of an ally, tribal chieftain Datu Kalbit.
By December of that year, 2009, authorities were ready to arrest Ondo and several family members over the February killings. As is often the case the PNP (Philippine National Police) contacted barangay officials to try and ascertain both the location of the wanted man as well as up to date intelligence on arms and any potential booby-traps. As is so often the case here on Mindanao, the local officials happened to be related to the Perez family and so he sent word to Ondo that they were about to serve a warrant of arrest on him for Multiple Murder, among other charges.
As one might expect Ondo didn't take the news well, all the more so when no warrants had ever been served against the Tubay Clan, whose murdering of Ondo's family members had sparked the feud. On Thursday, December 09, 2009 just after daybreak Ondo led 15 gunmen downhill to a more settled portion of of the municipality, Sitio Maitum, Barangay San Martin. The men announced to the startled villagers that they should all gather in front of the Barangay Hall for an "Important Announcement" at 6AM. With only about a dozen curious villagers taking the bait Ondo announced that the announcement was that he had kidnapped them, then had his gunmen swarm anyone out and about. All told the armed band ended up taking 125 hostages, mostly young students from Maitum Elementary School, but including school staff and 2 VERY unluck loggers working for a multi-national timber concession, "Casilayan Softwood Development Corporation."
Forcing the terrified hostages uphill at gunpoint the Perez gunmen finally broke camp 2 kilometers up country, north of the sitio in an abandoned cement and cinderblock structure. Realising that 125 people were too many to control Ondo ended up releasing 50 hostages. It was at that point that authorities in the central part of the municipality became aware of a serious hostage situation taking place in the mountains above them, though, the municipal PNP detachment later recalled receivibg reports of gunfire in Barangay La Purisima, near the hostage taking site at about 8AM. After the requisite notifications to authorities higher up the food chain the mayor hastily convened a CMC, or "Crisis Management Committee." Appointing himself chairman he allowed provincial DSWD (Department of Social Welfare) Director, Josefina Bajade taking the actual point position. His rationale was extremely simple, as a Bisaya, a Cebuano speaker, he was unable to communicate with the gunmen who only conversed in Agusan Manobo, their tribal language. Luckily for the mayor, Ms.Bajade is fluent in Agusan- Manobo.
With Ms.Bajade talking directly to Ondo, first by cellphone and then face to face the CMC was able to quantify Ondo's demands. First and foremost Ondo wanted the warrant rescinded. He then said he wanted Jun Tubay, the Tubay clan leader to be arrested for the murders he had committed in 2008, and if that weren't immediately possible he wanted the Tubays disarmed. Allowing Ondo to fully articulate his demands ended up taking a fair amount of wind out of his sails. The adrenaline now waning he quietly complied with Ms.Bajade's gentle suggestion that he free some of the remaining hostages as a goodwill gesture to prove his sincerity to the CMC. At 345PM the gunmen released 18 more hostages, 17 of them children. The 18th, an elderly woman was released because of physical infirmities.
The remaining 57 hostages were all adults, school staff, the 2 loggers and the villagers of Sitio Maitum. By nightfall the incident had reached national proportions with media rushing to the isolated Northeast corner of Mindanao. With that added attention came added pressures for everyone involved. Ondo now seriously faced a very heavy military response. Likewise, the CMC now had President Arroyo and her lackeys breathing down their necks. The Mighty Mental Midget of Malacanang insisted on thorough updates every 15 minutes and woe to the one who had nothing new and substantiative to add. To top things off, Ms.Bajade, terribly out of her element began cozying up to the media. Taking them into her misplaced confidence she crowed about the injustices Ondo had had to deal with. Egging her on the media got Ms.Bajade to tell them all about her deep friendship with Ondo and his family and so she came off looking as if she was coddling a hostage-taking gunman. Worse yet, she had caved into the media's demands and been taking increasingly larger groups of journalists uphill to the cement building, risking having the journalists being taken hostage as well.
By Friday morning, December 10, Josefina Bajade had been sidelined. Taking her place was Tata Perez (no relation to Ondo), another Manobo-speaking Bisaya who was then serving as the Executive Assistant to the provincial governor. The situation became bizarre when Ms.Bajade, possibly seeking attention, corralled the media and "revealed" that during the murder of Jun Tubay's family members Ondo had actually been with Ms.Bajade and her husband. At this point the media derisively dubbed her, "Ondo's Attorney." She had been shelved after angry criticism from PRO (Police Regional Office) Caraga (the region in which Agusan del Sur Province sits) Director, Sr.Supt.Nestor Monton Fajura told the national media that, "she is giving us a headache the way she is negotiating with these criminals." The inference being that "negotiation" should have never taken place. Usually, there is no hostage negotiation to speak of. The general PNP modus operandi is to shoot first, ask questions later and who really cares if hostages end up dead in the process. That semi-retarded reasoning would end up causing a huge political incident with the killing of a group of hostages visiting Manila from Hong Kong but that was still in the future at that point.
It should be noted that Sr.Supt.Fajura made his observations from the comfort of his airconditioned office in Butuan City, 80 kilometers to the north of the hostage situation, never once bothering to visit the site. Even more pathetically, when asked his prediction for the outcome of the hostage drama, he piggishly turned to the cameras and offered that Ondo would hold out until December 14, when Triple M herself, President Arroyo would be visiting Caraga. Asked to explain, Fajura responded that Ondo would do so because he wanted a "dramatic conclusion," one in which he could portray himself as a victim, "as if they are the oppressed."
The Agusan Manobo it should be noted regularly die from malnutrition, rarely obtain 5th grade educations and are generally treated like garbage so Sr.Supt.Fajura really over played his hand that day.
At 7AM a female hostage, Templanza Avenido, asked Ondo if it was OK for her to drop by her house nearby to get a change of clothes and feed her livestock. Amazingly he not only agreed but also released 2 other female hostages sitting next to her:
1) Rita Fernandez
2) Zenaida Maglasang
At 10AM that morning the CMC sank even lower by enlisting not only Ondo's elderly father, Conrado, but Ondo's 10 year old daughter as well in an attempt to emotionally manipulate him into freeing his remaining hostages.
As the day progressed Friday, December 10, 2009 negotiations slowly progressed, with Ondo understandably angry over Josefina Bajade being removed from the equation. Rule 1 in Hostage Negotiation is to employ a point of contact that is able to develop a rapport with the lead hostage taker. Noone can deny that Ms.Bajade had already had that rapport going into the affair though she had been chosen simply on the basis of her language skills. Still, removing her was entirely wrong (an understatement). Her faults were manageable and were more than a fair exchange in return for her unmatched rapport. Still, it didn't propel the drama towards tragedy and so that huge error can be overlooked, as indeed it has. Had Ondo turned around and dispatched his 54 remaining hostages it might be a different story entirely.
As if to prove the stupidity of removing Ms.Bajade, shortly before she left negotiations, at 1PM Ondo agreed, as a concession for the lead. Negotiator, to release 6 more of his hostages:
1) Lillia Caube
2) Benita Dolorito
3) Eloisa Abala
4) Merly Sanchez
5) Mary Jane Goden
6) Felix Lacre
In another huge error of judgement the authorities backed off of negotiations each evening at nightfall, 7PM. That evening after everyone had traipsed back down the mountain Ondo became involved in a conversation with a hostage named Nestor after finding the man near tears. During their talk Nestor revealed that his father's wake was taking place that evening in his home town of Tandag, in neighbouring Surigao del Sur Province. Suprisingly, Ondo told Nestor he was free to attend the wake as long as he promised to return the next day. Nestor, shocked, walked out and into freedom leaving 47 hostages remaining.
After daybreak Saturday, December 11, the CMC added the Bishop of Butuan City, Juan de dos Pueblos as an unofficial member of the negotiating team. Though most Agusan Manobo are Animists they do place great respect in other forms of religion. By the afternoon the Archbishop and Ondo's father were able to relay a breakthrough concerning Ondo's primary demand, the recall of the warrant. Not long after talks broke off with Ondo promising to give his decison at daybreak.
Sunday morning, December 12, Ondo greeted his father and announced that he was willing to end the standoff in exchange for the authorities' guarantee over the warrant, but insisted on a written guarantee (despite his not being able to read in any language, let alone in Cebuano, Tagalog or English, the languages it would be written in). Ondo's father hiked downhill and after relaying his son's message accompanied most of the CMC back up hill where they held a 2 hour meeting with Ondo. The 1 page written agreement had the charges against Ondo being withdrawn from the Regional Trial Court and transferred to the Agusan-Manobo Tribal Court so that the killings could be judged within the proper cultural context. Before signing off on the document Ondo waited for assurances that a tribal shaman, Datu Josue Duhac had made a ceremonial sacrifice of chickens and a hog to gain spiritual assistance for Ondo and his 15 men. Receiving word that the sacrifice had taken place Ondo happily affixed his thumbprint on the hastily composed document. Signing for the government was the governor of Agusan del Sur Province, Valentina"Tina"G.Plaza, Vice Governor Santiago Cane Jr., PNP PRO-Caraga Director, Sr.Supt.Antonio Paguirigan, Fr.Lito Clase (for the Bishop), NCIP (National Commission of Indigenous People) Caraga Regional Director Jose"Jake"Dumagan and...Josefina Bajade. Smiling, feeling safe, Ondo turned to his gunmen and ordered them to release the remaining 47 hostages.
The hostages joyously walked downhill after slightly more than 75 hours and into a media barrage. Not long after the CMC and Ondo et al walked hand in hand , smiling into the media glare. Ondo was told that he would be driven to the Bishop's Residence in Butuan City so as to assure his safety from the Tubay Clan and its supporters. Tired, but relieved, Omdo climbed into the backseat of the mayor's SUV...and was promptly driven to the Provincial Jail. There he was stripped and thrown into a dungeon-like cell. The double-cross was deftly handled. The authorities pretended that Ondo was safe in Butuan, sometimes giving media soundbites just meters from the jail. Municipal PNP Chief,Sr.Supt. Leonardo Espina had the gall to tell reporters on Wednesday, December 15 that the NCIP (National Commission on Indigenous Peoples) was just about to get Ondo's warrant rescinded and charges transferred from Regional Trial Court to the Agusan-Manobo Tribal Court. As he was saying this, Ondo had been formally charged the day before, not only in the Multiple Murder case (only 3 of the 4 counts) but with 125 counts of Kidnapping and Illegal Detention as well!
Fast forward to April 01, 2011...As Ondo and 13 of his 15 men (since the ones aged 17 and 16 are "juveniles" and therefore exempt from all prosecution) sat stewing in the provincial jail. Knowing how Ondo had been lied to his brother Kenken devised a way in which to try and remedy the situation. Kenken, along with friends Toto Navarro, Rejoy Brital and Alejandro Brital decided that they would emulate Ondo and take hostages. What better way than to express their frustration over Ondo's treatment? Uneducated, none of the teens having passed 4th grade, its doubtful then that any of them were able to grasp the concept of "irony" and yet they were able to nail it to a tee.
Quickly rounding up 12 people returning from the afore mentioned Graduation Ceremony at Valentina G.Plaza Elementary School (named after the governor who signed the fake agreement with Ondo, irony indeed) they began herding the captives at gunpoint when another brother of Ondo's, Allan"Ilag"Perez worriedly ran into the group as they moved up the jungle trails. Unable to dissuade Kenken he then joined them on impulse. It was at this point that Kenken decided to grab 3 "habal-habal" drivers as well, hapless motorcycle taxi drivers who were hoping to pick up a fare as the crowd headed home.
The 15 hostages:
1) Hipolito Lastimado, School District Supervisor
2) Narciso Oliveros, School District Supervisor II
3) Joel Sausa, Values Teacher, Santa Irene Elementary School
4) Apolonio Alibangbang, Head Teacher, La Purisima Elementary School
5) Manuel Moderno, Teacher In Charge, Maasin Elementary School
6) Allan Galdiano, Teacher, Valentina G.Plaza Elementary School
7) Filipina Quitoy, Teacher In Charge, Inagawan Elementary School
8) Arnold Quitoy, the husband of hostage #7
9) Diosdideth Canbantac, Teacher In Charge, Valentina G.Plaza Elementary School Pre-School
10) Mary Jane Bedrijo, Pre-School Teacher, Valentina G.Plaza Elementary School
11) Marvin Jay Corvera, Student at Valentina G.Plaza Elementary School, age 12
12) Sirena Fe Cabantac, Student at Valentina G.Plaza Elementary School, age 10
13) Galvan Vocales, habal-habal driver
14) Zaldy Rodriguez, habal-habal driver
15) Ribo Binambang, habal-habal driver
Almost immediately authorities were informed and Mayor Allan Magdamit repeated the steps taken in 2009. Convening a new CMC he suprisingly asked Josefina Bajade to serve as point. All in all it was an intelligent decison (just as it had been in 2009) given that just as in the prior case, none of the hostage takers could speak anything besides their own tribal language, Agusan-Manobo. Joining them on the CMC were:
1) Gilbert Perez, Barangay Captain of Barangay La Purisima (the barangay where the incident took place),
2) Rommel Villamor, Chief Inspector, Commanding Officer of the PNP's Provincial Public Safety Company,
3) Jerone [sic] S.Baxinela, Sr.Supt., Provincial PNP Commanding Officer,
4) Rodrigo P.Diapana, Col., Commanding Officer of the 402nd Brigade (4ID), AFP,
5) Neil Richard Patricio, LTC., Commanding Officer, 26IB (402 Bde,4ID), AFP,
Though not officialy part of the CMC the team did include Chief Supt.Reynaldo Serrano Rafal, Director of the PNP's PRO-Caraga (Police Regional Office).
The first time they all were present was for a 9AM meeting in Mayor Magdamit's office at the municipal hall. Ms.Bajade informed the CMC that per her "negotiations" with Kenken the evening before the immediate demand of the hostage takers was food and drink. Their objective in taking hostages however was to force the government into finally keeping its word and releasing Ondo and his 15 gunmen. Unlike the 2009 incident the gunmen were staying immobile. During the day the hostages were being ferried from clearing to clearing deep in the jungle while at night, thus far, they had encamped in small tribal settlemnts. Ms.Bajade was quickly excused to resume negotiations as the rest of the CMC did what CMCs do best, sat on their thumbs, drinking coffee and giggling in between the calls from Manila.
Almost immediately though some changes were more than apparent. Most noticeably there was no media at the CMC Base Camp in the mountains. Where as Ms.Bajade had been so accomodating in 2009, she was unapproachable now. The Mayor, as Chairman of the CMC, informed the media that they would be confined to the town's basketball court down the street from the municipal hall. Updates would be doled out as the CMC saw fit, non-negotiable. Not used to being marginalised, people got antsy pretty fast. As tempers flared it was journalists themselves who smoothed things over by pointing out that since the "Hong Kong" debacle in Manila, where media interderence directly caused the death of numerous hostages the CMC policy should have been expected. There wasn't much at all for any journalist to complain about after that slap in the face.
That afternoon, Saturday April 02, Ms.Bajade conferred with Mayor Magdamit by cellphone and relayed that Kenken Perez was demanding to speak to his brother Ondo- in person. After first spitting invectives into his handset the mayor hatched an idea of his own. Trying to turn the tables on the hostage takers he quickly made his way to the provincial jail in Barangay Patin-ay and had Ondo brought out to see him. Taking Ondo into an unused office he confirmed what Ondo had already heard in gossip from the police officers guarding the jail (the Philippines doesn't use correctional officers but merely has police officers pull duty as prison guards). Talking to Ondo the mayor tried to communicate the seriousness of the situation. He allowed Ondo to infer that 2 of his teenaged brothers and some of their friends were about to die when the military and police stormed their position. Then Mayor Magdamit laid it all on Ondo, telling him that it was all because of Ondo that more of his family would lose their lives. Desperate now to avert what he perceived as the inevitable conclusion it was Ondo himself that volunteered to bring the drama to a quiet and safe end. The mayor said that he couldn't guarantee any results but IF Ondo was truly serious he would go to bat for him and try to get him the opposrtunity to help his brothers.
It took the mayor all of an hour to get a Regional Trial Court judge to issue a Temporary Release Order that would allow him to take full custody of Ondo for an unspecified period of time. It was at that point that Josefina Bajade informed Kenken Perez that they would fulfill Kenken's demand and brong Ondo to him. They afreed to meet in that same jungle clearing at 8AM the next day, Sunday, April 03.
Very early Sunday morning the mayor and Ms.Bajade took custody on Ondo, along with 2 plainclothes soldiers, and piled into the mayor's SUV for the ride to Barangay La Purisima, Arriving on time at the jungle clearing they were sadly suprised to find the glade empty. Waiting 3 hours, until 11AM, they dejectedly returned Ondo to jail. The rest of the day passed without contact as pressure began mounting in certain corners for the implementation of a military solution (i.e. "Kill the kidnappers and most of the hostages").
On Monday, April 04 the "military option" was gaining support and the media, frustrated on the basketball court was losing patience even more rapidly. As the tension reached fever pitch the CMC met back in the municipal hall, trying to reach a consensus one way or the other. They were shocked when 2 soldiers rushed into the mayor's office blurting out that 2 of the hostages had just casually ridden into Barangay Poblacion on a motorcycle to pick up some medicine at a pharmacy. The CMC rushed outside en masse and to their suprise they found that the soldiers had been right! Hipolito Lastimado and Diosdideth Canbantac had indeed been allowed to come off the mountain. Using 1 of the motorcycles discarded when the 3 habal-habal drivers had been taken hostage they had ridden tandem, with the threat that should they not return hostages would die. Their captors had allowed them to go because they were qorried about the condition of 1 of the 2 children being held. Of course, it is sad indeed that the PNP amd AFP cordon was so inept that 2 hostages on a motorcycle could make their way into the heart of the provincial capitol with noone the wiser.
The mayor quickly ushered the 2 men into his office where he debriefed them. To their horror the CMC then forbade their return. Forgetting that a sick child needed medicine, what about the threat to kill hostages? This simply doesn't factor into the government's thinking. To the gunmens' credit they failed to follow through on their threats and the following afternoon, Tuesday April 05 they released the sick hostage. 12 year old Marvin Jay Corvera. Was immediately hospitalised and went onto make a full recovery.
That evening it was decided, once again, to replace Ms.Bajade with Rolando Brital, father of hostage taker Rejoy Brital, hoping once again to use familial pressure to make some progress. Ms.Bajade remained on the CMC but was removed as the official point of contact in favour of Mr.Brital who appointment as such was pretty much a cosmetic move. It was at that point that the CMC went public with the fact that the kidnappers weren't educated enough to understand that the authorities simply couldn't erase Ondo's charges. The CMC expressed frustration with telling comments that ridiculed not only the gunmen but their families and tribe. "It is extremely frustrating when dealing with people who can't even read, let alone understand the simplest of issues. Of course one cannot blame them, the differences are largely cultural."
It was Monday evening that President Aquino could no longer control himself and entered the fray. Expressing his own ineptitude he warned that the standoff better end soon, "or else." That night he deployed Secretary of Infrastructure and Local Government, Jesse M.Robredo south to Mindanao to further pressure the CMC and antagonise the hostage takers. Of all the things to micro-manage, this wasn't one of them. As Secretary Robredo huffed and puffed local tribal leaders begged for a chance to help solve the standoff. Of course they were ignored and so it continued until 6AM, Wednesday, April 06 at which point the 12 remaining hostages were left in a jungle clearing as the gunmen slipped into the jungle where they remain until now, not only well armed but knowing that should they try and go the straight and narrow they can only hope to join Ondo in jail. Just another group of pissed off young men carrying automatic weapons in the jungles of Mindanao.
Tuesday, April 19, 2011
Development Aggression for Second Quarter, 2011, Part II: More Tampakan, Aboitiz in Davao del Sur and TVI in Siocon
In Part I for the Second Quarter I devoted my entry to the recent violence and mishaps with the Tampakan Project centered in South Cotabato Province.I say"centered"because the endeavor aims to create an Open Pit gold,silver and copper mine spanning 4 provinces:
1) South Cotabato
2) Davao del Sur
3) Sarangani
4) Sultan Kudarat
In that entry I very briefly touched upon the mudslides that took place within that mining tenement but didn't offer much information.
On Saturday,April 2nd,2011 after 2 days of torrential downpour a Banlas (large scale sluice operation in local dialect) Operation was subsumed in a massive mudslide.Five B'laan Tribesmen were working inside a tunnel with an entry underneath the Banlas.Only 1 of the 5 managed to run before 2 hectares of denuded mountainside came crashing down.Of the 4 remaining miners,1 was buried up to his waist and despite internal bleeding has survived.The remaining 3 weren't nearly as fortunate.Only 2 of the men have been positively identified:
1) Ramram Payuri,of Tampakan
2) Remy Malaya,also from Tampakan
The 3rd man is still unidentified but is said to be from the town of Tupi,also in South Cotabato Province.
The landslide came only days after another deadly mudslide in the municipality of T'boli in that same province. On Wednesday March 30 in that town's Barangay Kematu another Banlas Operation came crashing down hill and covered yet another Tunnel Operation.Just as in the latter incident there were 5 men,all T'boli Tribesmen.Two were critically injured,three died but T'boli officials aren't releasing the names.Ironically it was in the municipality of T'boli that Banlas Mining first took hold in Central Mindanao.Just as the new century began small scale miners from Luzon imported the devastating method.Denuding surrounding forests to build giant sluices they set up next to rivers and directly pump enormous volumes of water over the denuded mountain slope,forcing the mud into the sluice and then into huge piles of tailings.The runoff,often containing fun stuff like mercury and cyanide,not to mention enormous amounts of sediment then flow directly into the rivers which not only irrigate the entire region but provide its drinking water as well.This isn't even touching upon the estuaries,mangroves and coral reefs which are absolutely devastated.
The deaths in Barangay Kematu were the first for the year there but death is not unusual.The last fatal incident took place in late 2010 when 2 brothers,both T'boli Tribesmen,were working a Tunnel Mine and lost their oxygen supply due to a generator cut off.Both suffocated.
With the Tampakan mudslide an aggravated provincial government,already very much anti-mining turned up the heat. South Cotabato's PEMO (Provincial Environmental Management Office) promptly recommended that Governor Arthur Pingoy Jr. issue an Emeregency Stop Work Order for at least the Tampakan tenement to try and address the proliferation of illegal small scale mining on the tract.Ideally the tenement holder,in this case SMI (Sagittarius Mines Inc.) Would ensure that its tenement remained free of such dangerous activities.Of course in this case SMI is happy to let the Governor deal with the headache since the province has banned Open Pit Mining,an issue I addressed in that previous entry,"Second Quarter 2011,Part II."
Governor Pingoy very quickly signed the order,and had the AFP (Armed Forces of the Philippines) and PNP (Philippine National Police) deploy 2 composite detachments to ensure that the Tampakam tenement stays closed for the interm. The government aims to undertake surveys via 2 agencies.The agencies,PMRB. (Provincial Mining Regulatory Board) and MGB's (Mining and Geosciences Bureau) Regional Office will inspect the tenement,then create and implement safety mechanism and regulations before the governor finally rescinds his order.Naturally this doesn't make local miners too happy.They are well aware that should the Tampakan Project eventually circumvent the Open Pit Mining Ban their operations will be promptly shut down.Every day that they aren't operating is another day in which they stand to lose their entire investment.
Complicating things are the paramilitaries that always accompany the proliferation of illegal mining on Mindanao. That particular site has 2 separate B'laan Tribal Paramilitaries operating.In fact,they are the impetus behind Governor Pingoy's decison yesterday,April 18th,to undertake an aerial survey instead of entering the tenement on the ground.Unfortunately for the governor,the skies were much too cloudy and so the 2 seater prop lent out by Japanese-owned Sumifro,a commercial banana operation in that province,touched down not long after takeoff.Nothing was accomplished.
A bit to the south,in Davao City,in neighboring Davao del Sur Province the Aboitiz Project moves even closer to realisation.For those unfamiliar with the issue,Aboitiz Power Corporation ("ABC") is aiming to build a 350 megawatt Coal Fired Power Plant in that city's outlying Toril District.To be built in Barangay Binugao,on the border of the adjoining municipality of Santa Cruz (actually partially in that municipality),in Barangay Inawayan. Despite the island being desperate to diversify its power production due to an over-reliance on hydro-power that left the island-literally-high and dry this past summer,coal fired energy naturally has more than a modicum of opposition.
The project was initially opposed by local warlord,Vice Mayor Rodrigo"Roddy"Duterte has had smoothe sailing since buying him off,ooops,silly me,I meant to say,"since convincing him with intellectualy stimulating ideation."Duterte claims his turn around came about after visiting the Aboitiz-Steag joint venture Coal Fired plant in Misamis Occidental Province in late 2010.That would be the very same plant that 2 different groups of Davao City Councillors visited after New Years.That junket has stirred up a bit of controversy in the city when it was revealed that aside from airline tickets,hotel rooms and a healthy per diem all paid for by Aboitiz,the councillors ALSO received several thousand pesos each to "buy souveiners." I mean, doesn't that make perfect sense to you? It's completely natural to visit a coal belching behemoth that blights an entire region,causing asthma and possibly even emphysema and the first thing on everybody's mind will naturally be...a souvneneir.
In any event,April 2nd saw ABC making a big deal out of its self-contrived media event,the doling out of Royalty Checks to local government officials in the town of Santa Cruz in Davao del Sur Province.Its subsidiary,Hedcor Sibulan Inc.,operates a 42.5 megawatt Hydro-Electric Power Plant in that town's Barangays of Sibulan and Darong. The Department of Energy mandates a royalty of 1 centavo per kilowatt/hour sold.ABC entered into a voluntary arrangement above and beyond this mandate with both the municipality AND those 2 barangays.Barangay Sibulan received a cheque for P1,107,552.57 (roughly 25,000 US).Barangay Darong received P563,761.28 (roughly 12,000 US).The town received P1,582,567.20 (roughly 34,000 US).
Because the tract sits within the Ancestral Domain (akin to the American Reservation allocation for Native Americans though with substantial differences) of a Lumad Tribe ("Lumad"being the local term for the non-Negrito Animist Hill Tribes).On April 2nd the Tagabawa Bagobo Tribe was given their payout in a separate ceremony.The cheque was for exactly P1 Million (roughly 22,000 US).On April 11th,Davao del Sur Province will get its share to the tune of P1.6 Million (roughly 33,000 US).
The company is also going to award a full university scholarship to 5 students from Barangay Sibulan and 1 from Barangay Darong.The students will be given full tuition,room,board and a stipend with the choice of 2 institutions, University of Mindanao at Digos City,located in that same province of Davao del Sur or CorJesu College, a local Catholic private college.
On April 5th the town of Siocon in Zamboanga del Norte Province was gifted a new 1.4km Farm to Market Road for its Barangay Siay.Siay,sitting at the foot of Mount Canatuan had been having trouble with its dirt road for years with the Monsoon making it impassable,hampering the barangay's rice farmers in trying to move their harvests into towns. Who was this generous benefactor?Why am I listing this positive accomplishment under"Development Aggression"?
The road was constructed and paid for by TVIRDP.TVIRDP is the Makati-based subsidiary of TVI's Hong Kong subsidiary. TVI, or"Toronto Ventures Inc."is a Canadian-based multi-national mining corporation that happens to hold the most land of any single mining company in the Philippines.Most of their well over 1 million hectares of land is concentrated on the very narrow Zamboanga Peninsula where virtually every community has heavily opposed the company. Mount Canatuan is home to TVIRP's flagship mine,the Canatuan Gold,Silver and Copper Mine.A 51 hectare Open-Pit operation the mine has seen much bloodshed with the last incident taking place in March when an SCAA (Special Civilian Active Auxiliries,a Force Multiplication entity funded by private businesses but armed,trained and loosely supervised by the AFP) shot a protestor to death at the entrance to the mine.I will be discussing that particular incident and the mine in depth in an entry I am simultaneously working on.
Barangay Captain/Chairman Hamulod Lambana of Barangay Siay approached TVIRDP on getting that new farm to market road in early December of 2010.Badly needing some good PR the company passed the request on to its CREDO (Community Relations and Development Office) whose superintendent Joel Alasco immediately implemented the project via TVIRDP's Social Development and Management Programme.It took the company less than 12 days to fill and grade the road using materiel not as susceptible to the heavy rains that accompany Monsoon.A big advantage is that an additional 800 hectares of rice paddy can now be mechanically harvested now that the machinery won't be bogged down on the road. Of course almost all that riceland is owned by ...Barangay Captain/Chairman Hamulod Lambana but I won't tell if you won't...
1) South Cotabato
2) Davao del Sur
3) Sarangani
4) Sultan Kudarat
In that entry I very briefly touched upon the mudslides that took place within that mining tenement but didn't offer much information.
On Saturday,April 2nd,2011 after 2 days of torrential downpour a Banlas (large scale sluice operation in local dialect) Operation was subsumed in a massive mudslide.Five B'laan Tribesmen were working inside a tunnel with an entry underneath the Banlas.Only 1 of the 5 managed to run before 2 hectares of denuded mountainside came crashing down.Of the 4 remaining miners,1 was buried up to his waist and despite internal bleeding has survived.The remaining 3 weren't nearly as fortunate.Only 2 of the men have been positively identified:
1) Ramram Payuri,of Tampakan
2) Remy Malaya,also from Tampakan
The 3rd man is still unidentified but is said to be from the town of Tupi,also in South Cotabato Province.
The landslide came only days after another deadly mudslide in the municipality of T'boli in that same province. On Wednesday March 30 in that town's Barangay Kematu another Banlas Operation came crashing down hill and covered yet another Tunnel Operation.Just as in the latter incident there were 5 men,all T'boli Tribesmen.Two were critically injured,three died but T'boli officials aren't releasing the names.Ironically it was in the municipality of T'boli that Banlas Mining first took hold in Central Mindanao.Just as the new century began small scale miners from Luzon imported the devastating method.Denuding surrounding forests to build giant sluices they set up next to rivers and directly pump enormous volumes of water over the denuded mountain slope,forcing the mud into the sluice and then into huge piles of tailings.The runoff,often containing fun stuff like mercury and cyanide,not to mention enormous amounts of sediment then flow directly into the rivers which not only irrigate the entire region but provide its drinking water as well.This isn't even touching upon the estuaries,mangroves and coral reefs which are absolutely devastated.
The deaths in Barangay Kematu were the first for the year there but death is not unusual.The last fatal incident took place in late 2010 when 2 brothers,both T'boli Tribesmen,were working a Tunnel Mine and lost their oxygen supply due to a generator cut off.Both suffocated.
With the Tampakan mudslide an aggravated provincial government,already very much anti-mining turned up the heat. South Cotabato's PEMO (Provincial Environmental Management Office) promptly recommended that Governor Arthur Pingoy Jr. issue an Emeregency Stop Work Order for at least the Tampakan tenement to try and address the proliferation of illegal small scale mining on the tract.Ideally the tenement holder,in this case SMI (Sagittarius Mines Inc.) Would ensure that its tenement remained free of such dangerous activities.Of course in this case SMI is happy to let the Governor deal with the headache since the province has banned Open Pit Mining,an issue I addressed in that previous entry,"Second Quarter 2011,Part II."
Governor Pingoy very quickly signed the order,and had the AFP (Armed Forces of the Philippines) and PNP (Philippine National Police) deploy 2 composite detachments to ensure that the Tampakam tenement stays closed for the interm. The government aims to undertake surveys via 2 agencies.The agencies,PMRB. (Provincial Mining Regulatory Board) and MGB's (Mining and Geosciences Bureau) Regional Office will inspect the tenement,then create and implement safety mechanism and regulations before the governor finally rescinds his order.Naturally this doesn't make local miners too happy.They are well aware that should the Tampakan Project eventually circumvent the Open Pit Mining Ban their operations will be promptly shut down.Every day that they aren't operating is another day in which they stand to lose their entire investment.
Complicating things are the paramilitaries that always accompany the proliferation of illegal mining on Mindanao. That particular site has 2 separate B'laan Tribal Paramilitaries operating.In fact,they are the impetus behind Governor Pingoy's decison yesterday,April 18th,to undertake an aerial survey instead of entering the tenement on the ground.Unfortunately for the governor,the skies were much too cloudy and so the 2 seater prop lent out by Japanese-owned Sumifro,a commercial banana operation in that province,touched down not long after takeoff.Nothing was accomplished.
A bit to the south,in Davao City,in neighboring Davao del Sur Province the Aboitiz Project moves even closer to realisation.For those unfamiliar with the issue,Aboitiz Power Corporation ("ABC") is aiming to build a 350 megawatt Coal Fired Power Plant in that city's outlying Toril District.To be built in Barangay Binugao,on the border of the adjoining municipality of Santa Cruz (actually partially in that municipality),in Barangay Inawayan. Despite the island being desperate to diversify its power production due to an over-reliance on hydro-power that left the island-literally-high and dry this past summer,coal fired energy naturally has more than a modicum of opposition.
The project was initially opposed by local warlord,Vice Mayor Rodrigo"Roddy"Duterte has had smoothe sailing since buying him off,ooops,silly me,I meant to say,"since convincing him with intellectualy stimulating ideation."Duterte claims his turn around came about after visiting the Aboitiz-Steag joint venture Coal Fired plant in Misamis Occidental Province in late 2010.That would be the very same plant that 2 different groups of Davao City Councillors visited after New Years.That junket has stirred up a bit of controversy in the city when it was revealed that aside from airline tickets,hotel rooms and a healthy per diem all paid for by Aboitiz,the councillors ALSO received several thousand pesos each to "buy souveiners." I mean, doesn't that make perfect sense to you? It's completely natural to visit a coal belching behemoth that blights an entire region,causing asthma and possibly even emphysema and the first thing on everybody's mind will naturally be...a souvneneir.
In any event,April 2nd saw ABC making a big deal out of its self-contrived media event,the doling out of Royalty Checks to local government officials in the town of Santa Cruz in Davao del Sur Province.Its subsidiary,Hedcor Sibulan Inc.,operates a 42.5 megawatt Hydro-Electric Power Plant in that town's Barangays of Sibulan and Darong. The Department of Energy mandates a royalty of 1 centavo per kilowatt/hour sold.ABC entered into a voluntary arrangement above and beyond this mandate with both the municipality AND those 2 barangays.Barangay Sibulan received a cheque for P1,107,552.57 (roughly 25,000 US).Barangay Darong received P563,761.28 (roughly 12,000 US).The town received P1,582,567.20 (roughly 34,000 US).
Because the tract sits within the Ancestral Domain (akin to the American Reservation allocation for Native Americans though with substantial differences) of a Lumad Tribe ("Lumad"being the local term for the non-Negrito Animist Hill Tribes).On April 2nd the Tagabawa Bagobo Tribe was given their payout in a separate ceremony.The cheque was for exactly P1 Million (roughly 22,000 US).On April 11th,Davao del Sur Province will get its share to the tune of P1.6 Million (roughly 33,000 US).
The company is also going to award a full university scholarship to 5 students from Barangay Sibulan and 1 from Barangay Darong.The students will be given full tuition,room,board and a stipend with the choice of 2 institutions, University of Mindanao at Digos City,located in that same province of Davao del Sur or CorJesu College, a local Catholic private college.
On April 5th the town of Siocon in Zamboanga del Norte Province was gifted a new 1.4km Farm to Market Road for its Barangay Siay.Siay,sitting at the foot of Mount Canatuan had been having trouble with its dirt road for years with the Monsoon making it impassable,hampering the barangay's rice farmers in trying to move their harvests into towns. Who was this generous benefactor?Why am I listing this positive accomplishment under"Development Aggression"?
The road was constructed and paid for by TVIRDP.TVIRDP is the Makati-based subsidiary of TVI's Hong Kong subsidiary. TVI, or"Toronto Ventures Inc."is a Canadian-based multi-national mining corporation that happens to hold the most land of any single mining company in the Philippines.Most of their well over 1 million hectares of land is concentrated on the very narrow Zamboanga Peninsula where virtually every community has heavily opposed the company. Mount Canatuan is home to TVIRP's flagship mine,the Canatuan Gold,Silver and Copper Mine.A 51 hectare Open-Pit operation the mine has seen much bloodshed with the last incident taking place in March when an SCAA (Special Civilian Active Auxiliries,a Force Multiplication entity funded by private businesses but armed,trained and loosely supervised by the AFP) shot a protestor to death at the entrance to the mine.I will be discussing that particular incident and the mine in depth in an entry I am simultaneously working on.
Barangay Captain/Chairman Hamulod Lambana of Barangay Siay approached TVIRDP on getting that new farm to market road in early December of 2010.Badly needing some good PR the company passed the request on to its CREDO (Community Relations and Development Office) whose superintendent Joel Alasco immediately implemented the project via TVIRDP's Social Development and Management Programme.It took the company less than 12 days to fill and grade the road using materiel not as susceptible to the heavy rains that accompany Monsoon.A big advantage is that an additional 800 hectares of rice paddy can now be mechanically harvested now that the machinery won't be bogged down on the road. Of course almost all that riceland is owned by ...Barangay Captain/Chairman Hamulod Lambana but I won't tell if you won't...
Monday, April 18, 2011
Development Aggression for Second Quarter, 2011: Tampakan Project
Of all Mindanowan mining projects, and there are a great many, all pale in comparison to Tampakan. Named for a town in South Cotabato Province, largely populated by B'laan Tribesman (a Lumad group, an Animist Hilltribe) it will stretch across 4 provinces. I use the future tense, "will," because the mine is only on the drawing board at the moment. Primed to be the world's second largest gold, silver AND copper mine, it will be the single largest investment in Filipino History, to say nothing of Mindanao.
Most worrisome is the nature of the mine. After finishing Pre-Feasability Surveys in September of 2006, the investors concluded that Open Pit Mining would be the most cost-effective method of extraction. So, a giant festering sore will rip apart parts of 4 provinces: South Cotabato, Davao del Sur, Sarangani and Sultan Kuradat. The bulk of the project is controlled by SMI (Sagittarius Mines Inc.), a subsidiary of Xstrata Copper, a multi-national mining outfit based in Switzerland. Partnering with SMI/Xstrata is Indophil Resources NL, an Australian-based multinational. Locally SMC (San Miguel Corp.) has taken a piece of the pie with just over 10% of Indophil's 33% share of the project. I will get into all those gory details in a multi-entry series devoted to the overall financing, permitting and Hearts and Mines nonsense being proffered left and right. For every tribal chief the project manages to bribe into agreement another community is irreparably torn apart. For now I will simply offer the faintest and sketchiest outline of the endeavor, concentrating on its latest news, while leaving the meat and potatoes for an upcoming in depth entry on all facets of the mine.
Interestingly, and quite suprisingly, local government officials are largely united in their vehement opposition to this huge project. Just before she stepped down as Governor last June, Daisy Fuentes (now serving in Congress) signed off on a new Provincial Environmental Code that banned Open Pit Mining. Even more suprisingly- shockingly even- her successor Arthur Pingoy Jr. has turned out to be even more principled and has dug in his heels to go mano a mano not only with the pro-development camp, but has been going head to head with Manila over this issue as well.
As if to drive home the raison d'etre for local officials' anti-mining positions, Central Mindanao took extremely heavy rainfall in late March. The extra-heavy rains led to horrifying flooding and mudslides that caused the collapse of 2 separate small scale mines illegaly operating in South Cotabato Province, one of which is within the Tampakan tenement. Illegal miners, digging for gold use whatever timber hasn't already been illegaly logged off the mountain sides to construct their operations. Then, in this case, they operate a Banlas (local word for a "large scale sluice"), pumping river water over the mountain side in huge volumes. Aside from mercury, cyanide, de-forestation and societal breakdowns the tailings then wash almost unimpeded back down the slope and into the river.
Arguably the legal mine would negate the multitude of problems associated with the numerous small scale illegal mines. Instead of trying to do the impossible, policing the illegal miners who literally and exponentially increase on a daily basis, it might be a tad bit more sensible to fight battles that can be won. Since illegal mierrs operate entirely outside of the law they are entirely unregulated. Understandably they aren't too cognisant of the environmental and societal ramifications produced by their 7 or 8 years on a mountainside. Therefore, it might make more sense to allow multi-nationals in to do their dirty work as these companies, which are entirely profit driven, won't allow poaching on their tenements. Yet, this argument falls short because as bad as small scale mining is it will not rip apart 4 provinces and render the land unusable for centuries. More over, with small scale mining virtually all profit is retained by the Philippines. With any commercial mining operation the profits are getting sucked out along with the precious natural resources.
Today, April 18, Governor Pingoy took an aerial tour of the Tampakan tenement after being warned by a local military detachment that the illegal miners have deployed paramilitary soldiers in and around their mines. Aside from the deaths related to the mudslides there has also been another round of violence related to the Tampakan project. While taking an arial tour can be entertaining it won't be able to help the governor learn anything important. Indeed, it won't be able to tell him anything about the most recent killings.
On Friday, March 24 a convoy of 5 dump trucks owned by LVE Construction were slowly moving up the muddy dirt road in Sitio Datalbiao in Tampakan's Barangay Danlag when they were ambushed. When the smoke cleared 1 driver, Osias Pizania and 2 labourers riding in his truck, Rommel Vega and Nelson Parasan were all dead. A 2nd driver was critically wounded but survived. LVE is a subcontractor for SMI, hauling soil from test sites and is owned by Leonardo Escobillo who co-incidentally is the Mayor of Tampakan. Although something like this, a municipal official directly profiting from developmental work within his own municipality, would earn the good mayor a prison sentence in most any Western nation, here in the Philippines very few people see anything at all wrong with a person in a position of power using THAT position for personal enrichment.
The usual suspect would be the NPA, the Maoist Insurgency. After all the NPA has attaccked the project a few times in the past, most recently on New Years Day, 2008. Early that morning the NPA drove up to the SMI Base Camp in Barangay Tablu, situated less than 500 meters from an AFP (Armed Forces of the Philippines) garrison. Disarming the camp's SCAA (Special Civilians Active Auxiliary, a Force Multiplication entity paid for by private companies but armed, trained and VERY loosely supervised by the AFP). After capturing their weapons the guerillas firebombed and burned P12 Million worth of structures and equipment. Another time, the NPA went all the way into the town proper, its Barangay Poblacion, and attacked SMI's main office in the Philippines. This time though the AFP immediately turned everybody's attention towards a tribal leader whom the AFP and PNP (Philippine National Police) refuse to name. Of course I am neither with the AFP nor the PNP so I will tell all: The ambush team was under Datu Dagil Capion who is dead set against the mine.
A month before the ambush, on February 22, tribal leader of the S'bangken band of B'laan and a Barangay Kagawad (Councillor) for Barangay Tablu where the SMI Base Camp is located, Datu Tonio Binuhay and his wife Rosanna were in their home in Purok Quezon, in the lowland barangay of Santa Cruz. Without warning brothers Ricky and Morito Puli and their cousin Gasmin Puli entered the home and killed the couple with point blank shots to the back of the head. Rosanna was 7 months pregnant at the time. Her husband was very supportive of the mine and as a tribal leader he would be able to exert considerable influence.
It is important to note that Morito Puli was ALSO a Kagawad for that same barangay, Tablu. These killings at least weren't simply connected to pro and anti-mining partisan concerns. The Puli Clan was livid over what they felt was a lowball figure offered in SMI's Crop Compensation Programme. A few meters of their corn field was plowed under as SMI sank test pipes. Tonio Binuhay was bought off by SMI with the job of administering the compensation payoffs. On March 09 the 3 Puli Clansmen were charged by the South Cotabato Provincial Prosecutor with Multiple Murder.
SMI immediately panicked, fearing outright tribal warfare and quickly shut down its operations. Since the NPA attack on the Base Camp in 2008 the company had outsourced protection to what most locals call, "Blue Guards," a private security firm. Utilising Catena Security Inc., a local subsidiary of the UK-based contractor, "G4S" (Group 4 Securicor). This switching directions with regard to security didn't benefit them a whole lot. On December 20, 2010 two of their guards were on a mobile patrol near one of their test sites in Sitio Alyong when they took sniper fire.
Aside from the violence, on March 25, SMI's Corporate Communications Manager (why can't they simply say, "Spokesman") finally reacted to the pressures faced by a long and arduous struggle to gain the necessary approvals needed to go forward with the project. Though the Environmental Code was replaced, there was no implementation mechanism. Ergo, for the past few months Governor Pingoy has had a Technical Working Group formulating the code's IRRs (Implementation Rules and Regulations). SMI's man, John B.Arnaldo says that although it is very stressful the company is pinning all its hopes on the Provincial Council which has yet to make a determination as to whether-or-not it will move for a Review of the IRRs.
Governor Pingoy though says that short of the Council recommending such a review, or a court order, the Environmental Code containing that overall ban on Open Pit Mining will go into effect just ss soon as the provincial government has the IRRs published in a local newspaper. Ironically, the IRR didn't actually have any real connection with the Mining Ban since it is a Stand alone Provision, not requiring an actual implementation mechanism. It is merely a technicality, part of the normal approval machinery.
As the clock winds down Governor Pingoy has asked for each of his Provincial Councillors to submit, in writing, a clear articulation of their position on a Review for the IRRs. To date only 1 councillor has complied, Jose Madanguit. Mr.Madanguit currently is Vice Chairman of the Council's Environmental Committee, having actually chaired it in his last term on the council. Councillor Madanguit has stated that he will not be seeking any review.
When Ms.Fuentes was Governor, the Provincial Council voted 5:4 for the new Environmental Code, with 2 Councillors absent. The day of the vote, June 02, 2010 turned into an all day debate over part of a single line: "Open-Pit Mining AND ALL OTHER FORMS OF MINING shall not be allowed in the Province of South Cotabato (emphasis being mine).". At the time SMI's man, Mr.Arnaldo, was much more complacent than he was 3 weeks ago. He said that it really didn't matter what former Gov.Fuentes and the Provincial Council DID or DID NOT do, the Philippines Mining Act of 1995 legalised Open-Pit Mining. He then arrogantly noted,"A local law cannot supercede a national law." Funny what a difference a few months makes.
In late November, Secretary Jesse M.Robredo of DILG (Dept.of Infrastructure and Local Govt.) issued a memorandum that didn't go over too well in South Cotabato Province. The epitome of hubris and everything wrong in Manila-Mindanowan relations, Secretary Robredo demanded that local government officials not implement the new Environmental Code. In response both the governor AND the Provincial Council told Robredo to mind his own business. Governor Pingoy says that after conferring with provincial legal counsel the provincial position is that DILG is a supervisory entity and I'd not legally able to dictate provincial policy.
Finally, on April 13th during an official visit to GenSan (General Santos City in Sarangani Province) President Aquino said that he is growing impatient with the provincial position. He said that normally he would give precedence to the sentiments expressed by local government but feels that in this case South Cotabato's position will only create more problems down the road. He noted, as I myself noted earlier in this entry that IF there isn't a large commercial mining entity on a particular tenement it will be innundated by small scale miners. While that is true, using it as a rationale to allow a wholesale rape of Mindanao is despicable. Instead of dealing with the issue, in this case small scale illegal mining, President Aquino would have us abandon justice in lieu of the easier path. Aquino is proving himself less a leader than his late mother and she was a terrible leader. Let us hope that he becomes a problem solver instead of a quick-fix mechanic.
Most worrisome is the nature of the mine. After finishing Pre-Feasability Surveys in September of 2006, the investors concluded that Open Pit Mining would be the most cost-effective method of extraction. So, a giant festering sore will rip apart parts of 4 provinces: South Cotabato, Davao del Sur, Sarangani and Sultan Kuradat. The bulk of the project is controlled by SMI (Sagittarius Mines Inc.), a subsidiary of Xstrata Copper, a multi-national mining outfit based in Switzerland. Partnering with SMI/Xstrata is Indophil Resources NL, an Australian-based multinational. Locally SMC (San Miguel Corp.) has taken a piece of the pie with just over 10% of Indophil's 33% share of the project. I will get into all those gory details in a multi-entry series devoted to the overall financing, permitting and Hearts and Mines nonsense being proffered left and right. For every tribal chief the project manages to bribe into agreement another community is irreparably torn apart. For now I will simply offer the faintest and sketchiest outline of the endeavor, concentrating on its latest news, while leaving the meat and potatoes for an upcoming in depth entry on all facets of the mine.
Interestingly, and quite suprisingly, local government officials are largely united in their vehement opposition to this huge project. Just before she stepped down as Governor last June, Daisy Fuentes (now serving in Congress) signed off on a new Provincial Environmental Code that banned Open Pit Mining. Even more suprisingly- shockingly even- her successor Arthur Pingoy Jr. has turned out to be even more principled and has dug in his heels to go mano a mano not only with the pro-development camp, but has been going head to head with Manila over this issue as well.
As if to drive home the raison d'etre for local officials' anti-mining positions, Central Mindanao took extremely heavy rainfall in late March. The extra-heavy rains led to horrifying flooding and mudslides that caused the collapse of 2 separate small scale mines illegaly operating in South Cotabato Province, one of which is within the Tampakan tenement. Illegal miners, digging for gold use whatever timber hasn't already been illegaly logged off the mountain sides to construct their operations. Then, in this case, they operate a Banlas (local word for a "large scale sluice"), pumping river water over the mountain side in huge volumes. Aside from mercury, cyanide, de-forestation and societal breakdowns the tailings then wash almost unimpeded back down the slope and into the river.
Arguably the legal mine would negate the multitude of problems associated with the numerous small scale illegal mines. Instead of trying to do the impossible, policing the illegal miners who literally and exponentially increase on a daily basis, it might be a tad bit more sensible to fight battles that can be won. Since illegal mierrs operate entirely outside of the law they are entirely unregulated. Understandably they aren't too cognisant of the environmental and societal ramifications produced by their 7 or 8 years on a mountainside. Therefore, it might make more sense to allow multi-nationals in to do their dirty work as these companies, which are entirely profit driven, won't allow poaching on their tenements. Yet, this argument falls short because as bad as small scale mining is it will not rip apart 4 provinces and render the land unusable for centuries. More over, with small scale mining virtually all profit is retained by the Philippines. With any commercial mining operation the profits are getting sucked out along with the precious natural resources.
Today, April 18, Governor Pingoy took an aerial tour of the Tampakan tenement after being warned by a local military detachment that the illegal miners have deployed paramilitary soldiers in and around their mines. Aside from the deaths related to the mudslides there has also been another round of violence related to the Tampakan project. While taking an arial tour can be entertaining it won't be able to help the governor learn anything important. Indeed, it won't be able to tell him anything about the most recent killings.
On Friday, March 24 a convoy of 5 dump trucks owned by LVE Construction were slowly moving up the muddy dirt road in Sitio Datalbiao in Tampakan's Barangay Danlag when they were ambushed. When the smoke cleared 1 driver, Osias Pizania and 2 labourers riding in his truck, Rommel Vega and Nelson Parasan were all dead. A 2nd driver was critically wounded but survived. LVE is a subcontractor for SMI, hauling soil from test sites and is owned by Leonardo Escobillo who co-incidentally is the Mayor of Tampakan. Although something like this, a municipal official directly profiting from developmental work within his own municipality, would earn the good mayor a prison sentence in most any Western nation, here in the Philippines very few people see anything at all wrong with a person in a position of power using THAT position for personal enrichment.
The usual suspect would be the NPA, the Maoist Insurgency. After all the NPA has attaccked the project a few times in the past, most recently on New Years Day, 2008. Early that morning the NPA drove up to the SMI Base Camp in Barangay Tablu, situated less than 500 meters from an AFP (Armed Forces of the Philippines) garrison. Disarming the camp's SCAA (Special Civilians Active Auxiliary, a Force Multiplication entity paid for by private companies but armed, trained and VERY loosely supervised by the AFP). After capturing their weapons the guerillas firebombed and burned P12 Million worth of structures and equipment. Another time, the NPA went all the way into the town proper, its Barangay Poblacion, and attacked SMI's main office in the Philippines. This time though the AFP immediately turned everybody's attention towards a tribal leader whom the AFP and PNP (Philippine National Police) refuse to name. Of course I am neither with the AFP nor the PNP so I will tell all: The ambush team was under Datu Dagil Capion who is dead set against the mine.
A month before the ambush, on February 22, tribal leader of the S'bangken band of B'laan and a Barangay Kagawad (Councillor) for Barangay Tablu where the SMI Base Camp is located, Datu Tonio Binuhay and his wife Rosanna were in their home in Purok Quezon, in the lowland barangay of Santa Cruz. Without warning brothers Ricky and Morito Puli and their cousin Gasmin Puli entered the home and killed the couple with point blank shots to the back of the head. Rosanna was 7 months pregnant at the time. Her husband was very supportive of the mine and as a tribal leader he would be able to exert considerable influence.
It is important to note that Morito Puli was ALSO a Kagawad for that same barangay, Tablu. These killings at least weren't simply connected to pro and anti-mining partisan concerns. The Puli Clan was livid over what they felt was a lowball figure offered in SMI's Crop Compensation Programme. A few meters of their corn field was plowed under as SMI sank test pipes. Tonio Binuhay was bought off by SMI with the job of administering the compensation payoffs. On March 09 the 3 Puli Clansmen were charged by the South Cotabato Provincial Prosecutor with Multiple Murder.
SMI immediately panicked, fearing outright tribal warfare and quickly shut down its operations. Since the NPA attack on the Base Camp in 2008 the company had outsourced protection to what most locals call, "Blue Guards," a private security firm. Utilising Catena Security Inc., a local subsidiary of the UK-based contractor, "G4S" (Group 4 Securicor). This switching directions with regard to security didn't benefit them a whole lot. On December 20, 2010 two of their guards were on a mobile patrol near one of their test sites in Sitio Alyong when they took sniper fire.
Aside from the violence, on March 25, SMI's Corporate Communications Manager (why can't they simply say, "Spokesman") finally reacted to the pressures faced by a long and arduous struggle to gain the necessary approvals needed to go forward with the project. Though the Environmental Code was replaced, there was no implementation mechanism. Ergo, for the past few months Governor Pingoy has had a Technical Working Group formulating the code's IRRs (Implementation Rules and Regulations). SMI's man, John B.Arnaldo says that although it is very stressful the company is pinning all its hopes on the Provincial Council which has yet to make a determination as to whether-or-not it will move for a Review of the IRRs.
Governor Pingoy though says that short of the Council recommending such a review, or a court order, the Environmental Code containing that overall ban on Open Pit Mining will go into effect just ss soon as the provincial government has the IRRs published in a local newspaper. Ironically, the IRR didn't actually have any real connection with the Mining Ban since it is a Stand alone Provision, not requiring an actual implementation mechanism. It is merely a technicality, part of the normal approval machinery.
As the clock winds down Governor Pingoy has asked for each of his Provincial Councillors to submit, in writing, a clear articulation of their position on a Review for the IRRs. To date only 1 councillor has complied, Jose Madanguit. Mr.Madanguit currently is Vice Chairman of the Council's Environmental Committee, having actually chaired it in his last term on the council. Councillor Madanguit has stated that he will not be seeking any review.
When Ms.Fuentes was Governor, the Provincial Council voted 5:4 for the new Environmental Code, with 2 Councillors absent. The day of the vote, June 02, 2010 turned into an all day debate over part of a single line: "Open-Pit Mining AND ALL OTHER FORMS OF MINING shall not be allowed in the Province of South Cotabato (emphasis being mine).". At the time SMI's man, Mr.Arnaldo, was much more complacent than he was 3 weeks ago. He said that it really didn't matter what former Gov.Fuentes and the Provincial Council DID or DID NOT do, the Philippines Mining Act of 1995 legalised Open-Pit Mining. He then arrogantly noted,"A local law cannot supercede a national law." Funny what a difference a few months makes.
In late November, Secretary Jesse M.Robredo of DILG (Dept.of Infrastructure and Local Govt.) issued a memorandum that didn't go over too well in South Cotabato Province. The epitome of hubris and everything wrong in Manila-Mindanowan relations, Secretary Robredo demanded that local government officials not implement the new Environmental Code. In response both the governor AND the Provincial Council told Robredo to mind his own business. Governor Pingoy says that after conferring with provincial legal counsel the provincial position is that DILG is a supervisory entity and I'd not legally able to dictate provincial policy.
Finally, on April 13th during an official visit to GenSan (General Santos City in Sarangani Province) President Aquino said that he is growing impatient with the provincial position. He said that normally he would give precedence to the sentiments expressed by local government but feels that in this case South Cotabato's position will only create more problems down the road. He noted, as I myself noted earlier in this entry that IF there isn't a large commercial mining entity on a particular tenement it will be innundated by small scale miners. While that is true, using it as a rationale to allow a wholesale rape of Mindanao is despicable. Instead of dealing with the issue, in this case small scale illegal mining, President Aquino would have us abandon justice in lieu of the easier path. Aquino is proving himself less a leader than his late mother and she was a terrible leader. Let us hope that he becomes a problem solver instead of a quick-fix mechanic.
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