Of multi-nationals raising bananas on Mindanao, only Sumifru continues to swim against the current by refusing to buckle under to the NPA's program of "Revolutionary Taxation." Since Dole threw in the towel in 2011 and began realising that quarterly payoffs to the Maoist Insurgency left its bottom line a tad bit more healthy than regular violent attacks on personnel and equipment, only Sumifru has enjoyed 30 caliber machine gun fire, multiple truck burnings and all around terrible publicity. One would have imagined that the Japanese-based corporation might have learned a thing or two after the October 2011 attack on mining interests in the municipality of Claver, in Surigao del Norte Province. Hardest hit, in the financial sense, was Sumitomo Metal, a sister corporation to...you guessed it...Sumifru.
On Monday, January 15th, 2012, at 3AM, a green single axle dump truck with an M60 crew served machine gun mounted in the truck's dump body and covered with fourty guerillas clinging to the sides began picking up speed as it crossed into Barangay Tuburan, in the municipality of Mawab in ComVal, as Compestela Valley Province is known locally. Unbeknownst to the NPA an alert villager, uncharacteristically disloyal to the Maoist causr, quickly phoned in a warning to 10ID (Infantry Division) Headquarters, located in that same municipality. It doesnt take a rocket scientist to postulate an objective in that well trodden barangay. If the NPA were launching a forceful attack in Barangay Tuburan, it had to be against Sumifru and its large banana plantation.
10ID had quickly phoned a sublimated infantry brigade, the 1001st, and ordered the Duty Officer to quickly warn its 66IB (Infantry Battalion) that the NPA was en route to a large and somewhat vulnerable target within the 66th's AOR (Area of Responsibility). Much to his credit, the 66IB's Lieutenant Colonel Antonio "Tony" Florendo had recently deployed acstrike team to supplement Sumifru's SCAA (Special Citizens Active Auxiliary, the quasi-state sponsored paramilitary sublimated to the AFP but funded entirely by specific private business interests to which it serves as a unitary dedicated armed force). Off duty, Florendo was made aware of the situation and scrambled an entire company (120 soldiers) and Light Armored units, not taking any chances. He then readied himself to rendevouz with the aforementioned reinforcements.
As that single dump truck turned onto the Sumifru access road the SCAA post was already in full defensive mode. As the truck's tires hit the gravel stretch just before the post it was met with carefully directed fire that immediately stple the initiative from the attacking NPA and converted the NPA's fully offensive tactical operation into a holding.pattern. Asode from preventing any incoming threat from the truck mounted M60, two IED (Improvised Exolosive Devices) teams were prevented from neutralising the post's perimeter fencing.
As the attack passed the self-imposed 15 minute window at which point the NPA inevitably withdraws if unable to capture momentum, the post received word that Lieutenant Colonel Flotendo had already circumvented the requisite NPA Blocking Force and was now twenty minutes out the NPA suddenly withdrew, leaving behind the stolen dumptruck, the M60 mounted upon it, two M14s, two M16s, one 45 caliber pistol and the bodies of six dead guerillas:
1) Romeo T.Vender, 34, New Corella, Davao del Norte Province
2) Mario Ocay, 37, New Corella
3) Ener Rosquetes Etol, 22, Asuncion, Davao del Norte Province
4) Vicente P.Libre, Asuncion
5) Jose M.Elac, 50, Montevista, ComVal
6) Juan Paloma, 27 Monkayo, ComVal
Showing posts with label 10ID. Show all posts
Showing posts with label 10ID. Show all posts
Thursday, June 7, 2012
Friday, November 18, 2011
NPA Armed Contacts for the Fourth Quarter of 2011, Part X: Rebelyn Pitao's Ghost Won't be Silenced, Part 3
In the first two parts of this three part entry I discussed the legendary figurehead of the NPA in Southern Mindanao, Leonicio Pitao who is known by many as "Ka Parago." Pitao, who joined the NPA as a farmboy in the municipality of Bayugan in Agusan del Sur Province in 1978, had by the late 1980s become the military commander of what is now known as the Southern Mindanao Regional Committee, or SMRC, the entity overseeing the entire Davao Region, also known as Region 11.
I have also been discussing member's of Pitao's immediate family, primarily his sister Evelyn and brother Danilo who were both murdered. The raison d'etra for this three part series however, was Pitao's third child with his wife, Evangeline Maasin Pitao, herself a former NPA guerilla. This child, a daughter, was saddled with the name "Rebelyn," pronounced "Rebellion," although the 20 year old shared nothing of father's propencity for violence nor his narrow Maoist ideology as filtered by the NPA, or New People's Army. Instead she was a homebody, only leaving her mother's side to tend to her recently acquired job at Davao City's Saint Peter's College of Technology where Rebelyn had usually been covering a second grade class.
Because of the relative security found in Davao City Rebelyn truly thought herself above the fray. This false sense of security led the young lady to being adhering to a regular routine. That regular routuine ended Rebelyn's life on March 4th, 2009. Upon her body being discovered half naked, stabbed, raped, and strangled the next afternoon, her father almost immediately pointed at the AFP as the true culprit. Two days after the death Leonicio Pitao named four men:
1) Sergeant (Sgt.) Helvin Bitang
2) Corporal (Cpl.) Orly Pedring Pedregosa
3) Sergeant Adan Masulao
4) Sergeant Ben Tipait
Pitao announced that these four mens' identities had been discovered during a quick, but painstaking investigation by the NPA. As I noted in Part 2, Pitao was lying through his teeth. Two of the men, Adan Musalao and Ben Tipait do not exist, at least under those names. The other two men, Sgt.Bitang and Cpl.Pedregosa, were both members of the ISAFP, Intelligence Service of the Armed Forces of the Philippines and attached to MIG-11, or Military Intelligence Group for Region 11. Pitao knew these names because all those names were used by his brother Danilo's AFP handlers.
Still, with public opinion being what is and the media hounding him, the then Commanding Officer of the still very young 10ID (Infantry Divison), Major General Reynaldo B.Mapagu placed Sgt.Bitang and Cpl.Pedregosa on Barracks Restriction. At the time nobody bothered to ask the General just why he had put those two men on Restriction but did not do the same for the other two names.
In any event, as I noted in the preceding entry, by April 1st, 2009, less than 4 weeks after Leonicio Pitao announced those four names, he was ready to announce that there were 13 men tied to his daughter's death, some of who merely served as Military Assets, just like Danilo Santiago, Pitao's brother.
As luck or happenstance would have it, the Chairperson of the Commission on Human Rights (CHR), Leila de Lima- the same Ms.de Lima who is currently whoring herself- I mean serving the Aquino Administration- as the Secretary of the Department of Justice (DOJ), was then in town to hold a two day hearing examining the so called "Davao Death Squad," an Extra Judicial Execution jugganaut doing the bidding of then-Mayor of Davao City, Rodrigo "Roddy" Duterte. Simply adding three days onto the end of the Davao Death Squad hearings, Commissioner de Lima summoned all 13 men named by Pitao.
On the sidelines of the Davao Death Squad hearing Major Genneral Mapagu tried to convince Ms.de Lima that due to the sensitive nature of all 13 men's security- related work, having them testify in the very public hearings very well might jeapordise their lives. The back and forth between the AFP and CHR continued until, on the afternoon of the first scheduled session, April 1st, the two sides agreed to a hastily created booth in the General Function Room of the Royal Mandaya Hotel, the venue in downtown Davao City that was histing both the hearings. Sitting behind a curtain rigged to cover a seven meter by three meter enclosure, soldiers would be able to offer their statements. However, by 1PM not a single of the thirteen had shown up. As Ms.de Lima threatened to not only cite the summoned men, but division brass as well, Major General Mapagu finally sent six of the men to the hotel. As for the rest, they were deployed outside of Davao City, which was then the location for 10ID Headquarters, or else were merely Military Assets over whom the AFP held no legal jurisdiction outside of their specific roles as covert agents. They could not be compelled by the AFP to appear at a hearing in which no specific charges had been filed.
Meanwhile, the two eyewitnesses to Rebelyn Pitao's abduction were located:
1) Danny Peliciano, a triksiad driver who had been driving Rebelyn home that night
2) Dina Talaboc, the female passenger who had also been riding with Rebelyn in Mr.Peliciano's triksiad
Both had gone into hiding immediately after the abduction but with a media onslaught and repeated appeals to the two eyewitnesses, both had surfaced. The CPO, or City Police's CIDG, or Criminal Investigation and Detection Group, showed each witness a photo array of the men named by Leonicio Pitao. Neither witness was able to identify a single one of the thirteen purported attackers.
The three day CHR Hearing on Rebelyn's Death the case went they way of virtually all such cases, no matter the notiriety. Although Leonicio Pitao would eventually list a total of twenty one men in the incident:
1) Sergeant Adan Masulao, the non-existent man first listed just after the killing was actually using an AFP provided identity, "Adan Sulao," but his real name was Sergeant Romeo Marcos
2) Sergeant Ben Tipait, another one of the first "non-existent" men was actually named Sergeant Edmar Tipait whose alias while handling Assets was "Ben"
3) Corporal Orly Pedring Pedregosa
4) Sergeant Helvin Bitang
5) Sergeant Melvin Punla
6) Sergeant Caballero, first name not known by Pitao
7) Major Cabanalan, first name not known by Pitao
8) Colonel Caguiwa, first name not known by Pitao
9) Sergeant Senit, first name not known by Pitao
10) Corporal Wennie Carampatan
The rest being Assets, some of whom are listed by their Asset Code Names, which is all Pitao knew:
11) Ruben Bitang, uncle of Sergeant Helvin Bitang. Ruben was the driver of the white Toyota Revo cargo van that was used in the abduction, according to Pitao
12) Romeo Carreon
13) Hagto
14) Embac
15) Ariel, also known as "Benjack"
16) Reynaldo "Joemar" Desales
17) Macky Estremos
18) Bobong Gambuta
19) Marcelino Cuyot Payot
The final two were listed by Pitao as "John Does." Not one was ever prosecuted. However, the NPA would begin checking names off of that long list, one by one, as the SMRC's SPARU Team began killing each of those attackers.
The first of the 21 to be killed was Macky Estremos, before the CHR hearing even took place, in the municipality of Carmen, in Davao del Norte Province.
Then, on April 14th, 2009, Marcelino Cuyot Payot, killed in Panabo City.
On April 27th, 2009, Bobong Gambuta was killed in Panabo City as well.
4) On May 3rd, 2009, Ruben Bitang, the man whom Pitao accused of driving the van used by the abductors.
5) On October 25th, 2009, the first actual AFP member on the list was killed. when Corpral Pedregosa was killed in Davao City's Paquibato District.
On December 14eh, 2009, a SPARU Team killed an innocent man, Fernando Timbal. Mr.Timbal, a bank courier for the quasi-Governmental Land Bank while he was driving the branch manger's pickup truck, in Panabo City. He was hit by 12 rounds from a 45 caliber pistol.
The sixth killing is the one which inspired this Fourth Quarter entry; On Thursday, November 10th, 2011, at 6AM, Corporal Winnie Carampatan was driving his motorcycle in Davao City's Pquibato District, driving his two young children and his nephew to school. As he entered Barangay Malabog two men walked into the middle of the road, both drawing down and opening fire. Carampatan was killed, causing the motorcycle to skid off the road but all three of the children survived, albeit with bumps, scrapes, and of course traumatising them for life. After Rebelyn was killed the AFP dissolved the detachment from MIG-11 biouvaced in Panabo City, the one fingered as having killed Rebelyn. Carampatan had ended up with the 73IB based in Compostela Vallet's municipality of Mawab..
Disgustingly, the 10ID never mentioned Rebelyn Pitao OR her killing when eulogising Carampatan in media releases, "Our soldier was a non-combatant during the incident. Worst, he was killed before the members of his own family..." Propaganda, propaganda, propaganda.
I have also been discussing member's of Pitao's immediate family, primarily his sister Evelyn and brother Danilo who were both murdered. The raison d'etra for this three part series however, was Pitao's third child with his wife, Evangeline Maasin Pitao, herself a former NPA guerilla. This child, a daughter, was saddled with the name "Rebelyn," pronounced "Rebellion," although the 20 year old shared nothing of father's propencity for violence nor his narrow Maoist ideology as filtered by the NPA, or New People's Army. Instead she was a homebody, only leaving her mother's side to tend to her recently acquired job at Davao City's Saint Peter's College of Technology where Rebelyn had usually been covering a second grade class.
Because of the relative security found in Davao City Rebelyn truly thought herself above the fray. This false sense of security led the young lady to being adhering to a regular routine. That regular routuine ended Rebelyn's life on March 4th, 2009. Upon her body being discovered half naked, stabbed, raped, and strangled the next afternoon, her father almost immediately pointed at the AFP as the true culprit. Two days after the death Leonicio Pitao named four men:
1) Sergeant (Sgt.) Helvin Bitang
2) Corporal (Cpl.) Orly Pedring Pedregosa
3) Sergeant Adan Masulao
4) Sergeant Ben Tipait
Pitao announced that these four mens' identities had been discovered during a quick, but painstaking investigation by the NPA. As I noted in Part 2, Pitao was lying through his teeth. Two of the men, Adan Musalao and Ben Tipait do not exist, at least under those names. The other two men, Sgt.Bitang and Cpl.Pedregosa, were both members of the ISAFP, Intelligence Service of the Armed Forces of the Philippines and attached to MIG-11, or Military Intelligence Group for Region 11. Pitao knew these names because all those names were used by his brother Danilo's AFP handlers.
Still, with public opinion being what is and the media hounding him, the then Commanding Officer of the still very young 10ID (Infantry Divison), Major General Reynaldo B.Mapagu placed Sgt.Bitang and Cpl.Pedregosa on Barracks Restriction. At the time nobody bothered to ask the General just why he had put those two men on Restriction but did not do the same for the other two names.
In any event, as I noted in the preceding entry, by April 1st, 2009, less than 4 weeks after Leonicio Pitao announced those four names, he was ready to announce that there were 13 men tied to his daughter's death, some of who merely served as Military Assets, just like Danilo Santiago, Pitao's brother.
As luck or happenstance would have it, the Chairperson of the Commission on Human Rights (CHR), Leila de Lima- the same Ms.de Lima who is currently whoring herself- I mean serving the Aquino Administration- as the Secretary of the Department of Justice (DOJ), was then in town to hold a two day hearing examining the so called "Davao Death Squad," an Extra Judicial Execution jugganaut doing the bidding of then-Mayor of Davao City, Rodrigo "Roddy" Duterte. Simply adding three days onto the end of the Davao Death Squad hearings, Commissioner de Lima summoned all 13 men named by Pitao.
On the sidelines of the Davao Death Squad hearing Major Genneral Mapagu tried to convince Ms.de Lima that due to the sensitive nature of all 13 men's security- related work, having them testify in the very public hearings very well might jeapordise their lives. The back and forth between the AFP and CHR continued until, on the afternoon of the first scheduled session, April 1st, the two sides agreed to a hastily created booth in the General Function Room of the Royal Mandaya Hotel, the venue in downtown Davao City that was histing both the hearings. Sitting behind a curtain rigged to cover a seven meter by three meter enclosure, soldiers would be able to offer their statements. However, by 1PM not a single of the thirteen had shown up. As Ms.de Lima threatened to not only cite the summoned men, but division brass as well, Major General Mapagu finally sent six of the men to the hotel. As for the rest, they were deployed outside of Davao City, which was then the location for 10ID Headquarters, or else were merely Military Assets over whom the AFP held no legal jurisdiction outside of their specific roles as covert agents. They could not be compelled by the AFP to appear at a hearing in which no specific charges had been filed.
Meanwhile, the two eyewitnesses to Rebelyn Pitao's abduction were located:
1) Danny Peliciano, a triksiad driver who had been driving Rebelyn home that night
2) Dina Talaboc, the female passenger who had also been riding with Rebelyn in Mr.Peliciano's triksiad
Both had gone into hiding immediately after the abduction but with a media onslaught and repeated appeals to the two eyewitnesses, both had surfaced. The CPO, or City Police's CIDG, or Criminal Investigation and Detection Group, showed each witness a photo array of the men named by Leonicio Pitao. Neither witness was able to identify a single one of the thirteen purported attackers.
The three day CHR Hearing on Rebelyn's Death the case went they way of virtually all such cases, no matter the notiriety. Although Leonicio Pitao would eventually list a total of twenty one men in the incident:
1) Sergeant Adan Masulao, the non-existent man first listed just after the killing was actually using an AFP provided identity, "Adan Sulao," but his real name was Sergeant Romeo Marcos
2) Sergeant Ben Tipait, another one of the first "non-existent" men was actually named Sergeant Edmar Tipait whose alias while handling Assets was "Ben"
3) Corporal Orly Pedring Pedregosa
4) Sergeant Helvin Bitang
5) Sergeant Melvin Punla
6) Sergeant Caballero, first name not known by Pitao
7) Major Cabanalan, first name not known by Pitao
8) Colonel Caguiwa, first name not known by Pitao
9) Sergeant Senit, first name not known by Pitao
10) Corporal Wennie Carampatan
The rest being Assets, some of whom are listed by their Asset Code Names, which is all Pitao knew:
11) Ruben Bitang, uncle of Sergeant Helvin Bitang. Ruben was the driver of the white Toyota Revo cargo van that was used in the abduction, according to Pitao
12) Romeo Carreon
13) Hagto
14) Embac
15) Ariel, also known as "Benjack"
16) Reynaldo "Joemar" Desales
17) Macky Estremos
18) Bobong Gambuta
19) Marcelino Cuyot Payot
The final two were listed by Pitao as "John Does." Not one was ever prosecuted. However, the NPA would begin checking names off of that long list, one by one, as the SMRC's SPARU Team began killing each of those attackers.
The first of the 21 to be killed was Macky Estremos, before the CHR hearing even took place, in the municipality of Carmen, in Davao del Norte Province.
Then, on April 14th, 2009, Marcelino Cuyot Payot, killed in Panabo City.
On April 27th, 2009, Bobong Gambuta was killed in Panabo City as well.
4) On May 3rd, 2009, Ruben Bitang, the man whom Pitao accused of driving the van used by the abductors.
5) On October 25th, 2009, the first actual AFP member on the list was killed. when Corpral Pedregosa was killed in Davao City's Paquibato District.
On December 14eh, 2009, a SPARU Team killed an innocent man, Fernando Timbal. Mr.Timbal, a bank courier for the quasi-Governmental Land Bank while he was driving the branch manger's pickup truck, in Panabo City. He was hit by 12 rounds from a 45 caliber pistol.
The sixth killing is the one which inspired this Fourth Quarter entry; On Thursday, November 10th, 2011, at 6AM, Corporal Winnie Carampatan was driving his motorcycle in Davao City's Pquibato District, driving his two young children and his nephew to school. As he entered Barangay Malabog two men walked into the middle of the road, both drawing down and opening fire. Carampatan was killed, causing the motorcycle to skid off the road but all three of the children survived, albeit with bumps, scrapes, and of course traumatising them for life. After Rebelyn was killed the AFP dissolved the detachment from MIG-11 biouvaced in Panabo City, the one fingered as having killed Rebelyn. Carampatan had ended up with the 73IB based in Compostela Vallet's municipality of Mawab..
Disgustingly, the 10ID never mentioned Rebelyn Pitao OR her killing when eulogising Carampatan in media releases, "Our soldier was a non-combatant during the incident. Worst, he was killed before the members of his own family..." Propaganda, propaganda, propaganda.
Thursday, November 3, 2011
Developments within the Armed Forces of the Philippines for the Third Quarter of 2011, Part I: Eight Soldiers Finally Face Justice in the Japalali Murder Case
On September 8th, 2004, at 530AM, in Tagum City's Barangay Bincungan, Oslamic Ladia was standing outside him home in Purol Gumamela's Sitio Talaba, getting ready for another long day as a far labourer when he was shocked to see an entire platoon of soldiers from the 44 DRC (Division Reconnaissance Company) jogging down the dirt road leading off of National Hiway 200 meters away, in full combat array. Quickly running inside his home he grabbed his live in lover Rosalim Padama, then aged 39, out of bed and threw the terrified woman onto the floor before covering her with his body. Moments later their "nipa" (bamboo framed and palm leaf thatched home) and didn't stop for at least 10 minutes. When it did stop they heard their neighbour Carmen "Carmelita" Baluyo Japalali screaming at her front door before a short fussilade of bullets drowned her out.
When the smoke cleared the man and his wife cautiously peered out of their home and saw his landlord, Bacur's eldest brother Talib Japalali, running down the street towards them, the soldiers having receded into the evening, heading back towards National Hiway. Joining Talib the three of them walked into his nextdoor neighbour's home to find Carmen badly wounded, but still alive. In a corner of the room lay Talib's brother, Carmen's husband, 37 year old AbuBacar "Bacar" Japalali on his sleeping mat under the mosquito net, killed as he slept. Grabbing Carmen the three of them helped the woman up and took her to a mission clinic, but as they turned onto National Hiway they too came under fire from the soldiers though by now the soldiers had begun moving up hill into the mountains. Finally, after what must have seen like a lifetime, they arrived at the clinic only to find that Carmen had died just after arrival. 19 year old Carmen had been three months pregnant.
Less than 48 hours later Talib filed two murder cases with the Tagum City Prosecutor's Office charging the entire platoon, in this case thirty-two men, backed by the eye witness testimony of Oslam Ladia and Rosalim Padama. Not suprisingly the Military had announced that a platoon from the 44 DRC had killed "two NPA guerillas" in a 15 minute firefight. On October 4th an NGO filed a petition with the Ombudsman's Office, followed by a petition backed by an affadavit sworn out by Carmen's father, Rodolfo Baluyo, given to the Davao City line office of the Commission on Human Rights, or CHR. On December 17th Tagum City Prosecutor Francisco G. Rivero issued his finding that there was nothing to indicate that the soldiers were doing anything criminal and had acted in good faith.
For its official response the AFP gave up on the ridiculous but often used "NPA" alibi and instead noted that Bacar Japalali was a known member of the BMA, or Bangsamoro Army as the armed wing of the MNLF is known, a fact they were undoubtedly happy to discover although they never bothered explaining what made them first imagine that the sleeping couple had been "NPA guerillas." The Military's story continued that as the platoon was on patrol in response to recent sightings of fourty-odd BMA guerillas, they were minding their own business when Bacar Japalali fired his M16 at the column of soldiers and initiated a fierce firefight that resulted in his own death and that of his pregnant wife. Interestingly, the initial response is that there had been sightings of twenty-five guerillas and that they had been NPA (Maoists). The AFP unequivocally stated that Japalali and his wife were known NPA guerillas.
However, on September 21st, 2005, a prosecutor within the Ombudsman's Office, Beda A.Epres, who had re-opened the case two months before after a review of the case brought up some very troubling points puts the charges back into play. Most curiously, a parrafin assay had been done on both Bacar Japallali's hands after his death (Chemistry Report #C-026-2004DN). The simple procedure is used to determine whether or not a subject has had his bare hands exposed while firing a firearm. The test came up negative which seriously called into question the Tagum City Prosecutor's determination several months before. In fact, the initial police report (Davao del Norte Police Provincial Office Scene of the Crime findings, SOCO Report 002-04) citing Tagum City CPO (City Police Office) in a CPO reported filed on September 13th had Mr.Japalali's body being initially found lying prone on a sleeping mat under a mosquito net inside his home (strange place to initiate a firefight with a moving column of soldiers in the street). In light of this and other re-assesments, Prosecutor Epres re-opened the case and had all thirty-two platoon members charged with two counts of Murder.
On Janurary 24th, 2006 the case finally entered the court system and was docketed as two separare murder cases in Regional Trial Court Branch #31 in Tagum City (Cases # 14958 and 14959). As per Standard Operating Procedure the case was raffled off for assignation before landing in the hands of Judge Justino G.Aventurado who then promptly sat on it though on at least one notable occasion he attempted to broker a considerable bribe between the AFP and both Talib Japalali and Rodolfo Baluyo but neither man went for the cash. Not successful Judge Aventurado then has the case dropped from Murder to Homicide on May 11th of that same year, while dropping twenty-four of the soldiers from the case. This was rationalised by simply stating that he found the platoon team leader, Sergeant Serafin Jerry Napoles Jr. more believable when he finally rendered his long awaited counter-affadavit. The specific sticking point was eyewitness Ladia stating that the soldiers fired on them as they rushed the female victim to the clinic. Sergeant Napoles contended that it was his men who had taken the woman to the clinic upon his orders.
At that point the case narrows down to the following eight soldiers:
1) Sergeant Serafin Jerry Napoles Jr.
2) Private First Class (Pfc.) Rene S.Sumog-oy
3) Pfc. Mark P.Sabellano
4) Pfc. Jupil Perocho Balilihan
5) Pfc. Ramon L.Araneta Jr.
6) Pfc. Eusebio L.Entero II
7) Pfc. Rodel N.Bacangoy
8) Pfc. Gene R.Usgod
and yet still sat on the warrants for those eight men. By the end of August the same NGO that had initially pressed the case into motion, TFDP, or Task Force Detainees of the Philippines, filed a petition charging Judge Aventurado with Grave Abuse of Discretion for his failing to have had even the eight remaining warrants executed as well as the related violation of the Code of Conduct for having had the charges of Murder bumped down to Homicide.
Naturally people ask why the AFP would strive with clear purpose to murder sleeping people. With the "NPA" story having been tossed out first it is clear that the AFP, at least in that sector, had had no idea at all that Bacur was in the MNLF/BMA. A Muslim belonging to the MNLF is basically a non-issue and it was much the same in 2004 when this incident took place. In many barangays every Muslim male from late childhood on was a BMA irregular. Even Regulars spent two weeks home each month to support their families. For what it is worth, as Talib Japalali, Bacar's elder brother and landlord, says it was almost certainly related to a land dispute with a Bisaya clan, bringing the complicating pretext of religion, ethnicity, and tribalism into play as is too often the case here in Mindanao. Talib inherited his farm from his grandfather, one of the very few Muslims living on what us now the Davao del Norte and Compostela Valley (ComVal) provincial border. With the land developed and turning a profit it had been targeted by local Bisaya, enter the AFP.
In the 8 years since the incident happened SOUTHCOM, the Unified Regional Command has been mothballed in favour of two Unified Regional Commands, that particular area now belonging to EASMINCOM (Eastern Mindanao Command). Not long after the 4ID (Infantry Division) was reformatted to make way for a new division, the 10ID. With that change came a major reshuffling. The 404th Brigade became the 1001, and the element responsible for the Japalali Murders was drawn back to 4ID Headquarters in Cagayan del Oro City. Team Leader Sergeant Napoles filed for retirement in 2006, but the Ombudsman rejected his application (since he was under pending charges he needed a waiver from the Ombudsman for the Military). Failing that he got the next best thing, he was given De-tached Status, and so has spent the past 5 years at home.
As for the seven soldiers under him, three of them:
1) Pfc.Sabellano
2) Pfc.Bacangoy
3) Pfc.Balilihan
were grandfathered into the 10ID's recon company, the 101 DRC. One soldier:
1) Pfc.Araneta
ended up leaving recon and is now attached to the 60IB (Infantry Battalion). Another, since promoted in rank:
1) Corporal Sumog-oy
is now attached to 1001st Brigade Headquarters, on a hill overlooking the Japalali Farm. If his seven mates are able to focus on other things one is sure that that night back in 2004 lays heavy on Corporal Sumog-oy's mind each and every day. The last two men:
1) Pfc.Usgod
2) Pfc.Entero
are still with 4ID and still with the 402DRC which these days only deals with NPA, operating almost entirely in Mindanao's Caraga Region. All eight men are out on bail and according to the AFP restricted to base but of course that is nonsense. The trial in Tagum City ended in mid-October but the way the Philippine system of justice worls, a verdict will probanly be pomulgated in late 2012 (seriously).
When the smoke cleared the man and his wife cautiously peered out of their home and saw his landlord, Bacur's eldest brother Talib Japalali, running down the street towards them, the soldiers having receded into the evening, heading back towards National Hiway. Joining Talib the three of them walked into his nextdoor neighbour's home to find Carmen badly wounded, but still alive. In a corner of the room lay Talib's brother, Carmen's husband, 37 year old AbuBacar "Bacar" Japalali on his sleeping mat under the mosquito net, killed as he slept. Grabbing Carmen the three of them helped the woman up and took her to a mission clinic, but as they turned onto National Hiway they too came under fire from the soldiers though by now the soldiers had begun moving up hill into the mountains. Finally, after what must have seen like a lifetime, they arrived at the clinic only to find that Carmen had died just after arrival. 19 year old Carmen had been three months pregnant.
Less than 48 hours later Talib filed two murder cases with the Tagum City Prosecutor's Office charging the entire platoon, in this case thirty-two men, backed by the eye witness testimony of Oslam Ladia and Rosalim Padama. Not suprisingly the Military had announced that a platoon from the 44 DRC had killed "two NPA guerillas" in a 15 minute firefight. On October 4th an NGO filed a petition with the Ombudsman's Office, followed by a petition backed by an affadavit sworn out by Carmen's father, Rodolfo Baluyo, given to the Davao City line office of the Commission on Human Rights, or CHR. On December 17th Tagum City Prosecutor Francisco G. Rivero issued his finding that there was nothing to indicate that the soldiers were doing anything criminal and had acted in good faith.
For its official response the AFP gave up on the ridiculous but often used "NPA" alibi and instead noted that Bacar Japalali was a known member of the BMA, or Bangsamoro Army as the armed wing of the MNLF is known, a fact they were undoubtedly happy to discover although they never bothered explaining what made them first imagine that the sleeping couple had been "NPA guerillas." The Military's story continued that as the platoon was on patrol in response to recent sightings of fourty-odd BMA guerillas, they were minding their own business when Bacar Japalali fired his M16 at the column of soldiers and initiated a fierce firefight that resulted in his own death and that of his pregnant wife. Interestingly, the initial response is that there had been sightings of twenty-five guerillas and that they had been NPA (Maoists). The AFP unequivocally stated that Japalali and his wife were known NPA guerillas.
However, on September 21st, 2005, a prosecutor within the Ombudsman's Office, Beda A.Epres, who had re-opened the case two months before after a review of the case brought up some very troubling points puts the charges back into play. Most curiously, a parrafin assay had been done on both Bacar Japallali's hands after his death (Chemistry Report #C-026-2004DN). The simple procedure is used to determine whether or not a subject has had his bare hands exposed while firing a firearm. The test came up negative which seriously called into question the Tagum City Prosecutor's determination several months before. In fact, the initial police report (Davao del Norte Police Provincial Office Scene of the Crime findings, SOCO Report 002-04) citing Tagum City CPO (City Police Office) in a CPO reported filed on September 13th had Mr.Japalali's body being initially found lying prone on a sleeping mat under a mosquito net inside his home (strange place to initiate a firefight with a moving column of soldiers in the street). In light of this and other re-assesments, Prosecutor Epres re-opened the case and had all thirty-two platoon members charged with two counts of Murder.
On Janurary 24th, 2006 the case finally entered the court system and was docketed as two separare murder cases in Regional Trial Court Branch #31 in Tagum City (Cases # 14958 and 14959). As per Standard Operating Procedure the case was raffled off for assignation before landing in the hands of Judge Justino G.Aventurado who then promptly sat on it though on at least one notable occasion he attempted to broker a considerable bribe between the AFP and both Talib Japalali and Rodolfo Baluyo but neither man went for the cash. Not successful Judge Aventurado then has the case dropped from Murder to Homicide on May 11th of that same year, while dropping twenty-four of the soldiers from the case. This was rationalised by simply stating that he found the platoon team leader, Sergeant Serafin Jerry Napoles Jr. more believable when he finally rendered his long awaited counter-affadavit. The specific sticking point was eyewitness Ladia stating that the soldiers fired on them as they rushed the female victim to the clinic. Sergeant Napoles contended that it was his men who had taken the woman to the clinic upon his orders.
At that point the case narrows down to the following eight soldiers:
1) Sergeant Serafin Jerry Napoles Jr.
2) Private First Class (Pfc.) Rene S.Sumog-oy
3) Pfc. Mark P.Sabellano
4) Pfc. Jupil Perocho Balilihan
5) Pfc. Ramon L.Araneta Jr.
6) Pfc. Eusebio L.Entero II
7) Pfc. Rodel N.Bacangoy
8) Pfc. Gene R.Usgod
and yet still sat on the warrants for those eight men. By the end of August the same NGO that had initially pressed the case into motion, TFDP, or Task Force Detainees of the Philippines, filed a petition charging Judge Aventurado with Grave Abuse of Discretion for his failing to have had even the eight remaining warrants executed as well as the related violation of the Code of Conduct for having had the charges of Murder bumped down to Homicide.
Naturally people ask why the AFP would strive with clear purpose to murder sleeping people. With the "NPA" story having been tossed out first it is clear that the AFP, at least in that sector, had had no idea at all that Bacur was in the MNLF/BMA. A Muslim belonging to the MNLF is basically a non-issue and it was much the same in 2004 when this incident took place. In many barangays every Muslim male from late childhood on was a BMA irregular. Even Regulars spent two weeks home each month to support their families. For what it is worth, as Talib Japalali, Bacar's elder brother and landlord, says it was almost certainly related to a land dispute with a Bisaya clan, bringing the complicating pretext of religion, ethnicity, and tribalism into play as is too often the case here in Mindanao. Talib inherited his farm from his grandfather, one of the very few Muslims living on what us now the Davao del Norte and Compostela Valley (ComVal) provincial border. With the land developed and turning a profit it had been targeted by local Bisaya, enter the AFP.
In the 8 years since the incident happened SOUTHCOM, the Unified Regional Command has been mothballed in favour of two Unified Regional Commands, that particular area now belonging to EASMINCOM (Eastern Mindanao Command). Not long after the 4ID (Infantry Division) was reformatted to make way for a new division, the 10ID. With that change came a major reshuffling. The 404th Brigade became the 1001, and the element responsible for the Japalali Murders was drawn back to 4ID Headquarters in Cagayan del Oro City. Team Leader Sergeant Napoles filed for retirement in 2006, but the Ombudsman rejected his application (since he was under pending charges he needed a waiver from the Ombudsman for the Military). Failing that he got the next best thing, he was given De-tached Status, and so has spent the past 5 years at home.
As for the seven soldiers under him, three of them:
1) Pfc.Sabellano
2) Pfc.Bacangoy
3) Pfc.Balilihan
were grandfathered into the 10ID's recon company, the 101 DRC. One soldier:
1) Pfc.Araneta
ended up leaving recon and is now attached to the 60IB (Infantry Battalion). Another, since promoted in rank:
1) Corporal Sumog-oy
is now attached to 1001st Brigade Headquarters, on a hill overlooking the Japalali Farm. If his seven mates are able to focus on other things one is sure that that night back in 2004 lays heavy on Corporal Sumog-oy's mind each and every day. The last two men:
1) Pfc.Usgod
2) Pfc.Entero
are still with 4ID and still with the 402DRC which these days only deals with NPA, operating almost entirely in Mindanao's Caraga Region. All eight men are out on bail and according to the AFP restricted to base but of course that is nonsense. The trial in Tagum City ended in mid-October but the way the Philippine system of justice worls, a verdict will probanly be pomulgated in late 2012 (seriously).
Wednesday, December 29, 2010
Developments Within the Military,Last Quarter 2010,Part II:Carlos Garcia's Woes Continue, Dolorfino Retires and Nonoy does Nam
On December 30, 2010 4ID (Infantry Division) gave the CPP-NPA (Communist Party of the Philippines-New Peoples Army) an anniversary present to commemorate the CPP having turned 42 on December 26. What did the Division offer? The same hokey propaganda that makes most rational people not listen to a word the AFP says. The Armed Forces of the Philippines are its own worst enemy and the best weapon the Maoist Insurgency could hope for. New CO (Commanding Officer), Major General Victor Felix released the year end statistics for his IBs (Infantry Battalions). According to the Major General Felix, his men have killed 22 NPA guerillas this year (almost true), wounded 27 (purely an arbitrary number from supposed "bloodstains" seen in fire zones, 38 captures (absolute lie), 76 surrenderees (another absolute lie, even with the non-NPA members they convince to pose as guerillas). In addition, the esteemed General captured 78 camps (lying through their teeth, ask the CMO,the Civil-Military Officer, how many guerillas were captured or killed in those camps,then ask for their locations and see the huge discrepancies, most camps are non existent since the NPA does not engage in static encampments), and best of all, among the many dozens of weapons vouchsafed during the year the Division claims it captured 16 anti-personnel mines, 15 Claymores and 10 anti-tank mines. I have just one small acronym to lay down: IED. As long as the AFP insists on labeling IEDs, or Improvised Explosive Devices, as a "mine" of any kind noone with even a cursory knowledge of the Philippine Insurgency(ies) us going to 86 even the most basic claims made by the AFP as baseless military propaganda.
The word"Mine"in and of itself really isn't the problem.The crux of the issue is"Detonation," or to be more specific,"Command Detonation."The central thesis of the AFP is that "NPA mines" are an overt contravention of the Ottawa Treaty, ergo a violation of LOAC/IHL (Laws of Armed Conflict/International Humanitarian Law). The central problem is that the Ottawa Treaty is only binding upon those entities that have signed and than ratified the document, all of whom are sovereign nations. The NPA of course is a Non-State Actor. More to the point, the treaty addresses Anti-Personnel Mines, not Anti-Armour Mines,etc.,etc. Finally, the NPA uses Command Controlled Detonation. Its IEDs. Are wired so that a guerilla must actually flip the circuit before the device detonates. Using a detonating cable they are on site, watching and waiting and they therefore control the detonation so that it only assaults security personnel. The NPA utilises its IEDs as the initial primer of a classic 2-Step Ambush. 1 guerilla detonates the IED just as an AFP or PNP vehicle or element passes by and then barrels into a salvo with long arms, strafing survivors. The NPA doesn't bury an IED in the dirt to be tripped by pressure, etc.
Though my preceding paragraph was quite caustic I am by no means an NPA supporter (perish the thought). Indeed they are just as full of shi*. It is simply that the Filipino People do not need more fairytales. The people need truth, which is the main reason why I began this endeavour. However, when the AFP actually releases statisticss showing anti-personnel mines having been captured from the NPA, well that needs to be exposed as the boldfaced lie it is. The NPA has no external conduit for weapons. Ergo. It obtains virtually all its arms from its tactical (and rarely its defencive) operations against the AFP. IF the NPA has mines it would have had to have gotten them from the AFP, PNP or the Philippine Government..
The 4ID is headquartered at Camp Evangelista in Barangay Patag, CDO (Cagayan del Oro City) in Misamis Oriental Province. It is 1 of 4 IDs on Mindanao, the others being the 1st, 6th and the 10th. 4th AOR (Area of Responsibility) covers its home province, Agusan del Norte. Agusan del Sur (most), Surigao del Sur, Surigao del Norte (including Siargo Island which is no longer a province after a recent Supreme Court Ruling), and part of Bukidnon Province. In terms of overall area it covers the largest patch but within this AOR 2 provinces are entirely pacified (Surigao del Norte and Misamis Oriental), at least in official terms. Though the base (Evangelista) abuts the border of the MILF 102 Base Command's AOR, the Division only deals with the NPA (since the other Communist Insurgency,the RPM-M signed its Final Peace Agreement more than 3 years ago). As for the NPA, there are 2 Regional Commands within that AOR, NCMRC (North Central Mindanao Regional Command which is on shaky legs at the moment, barely fielding 2 Fronts (a "Front" is a military detachment, for the sake of all precious brevity I will leave it at that) and NEMRC (Northeast Mindanao Regional Command). NEM holds the largest number of Fronts (NPA detachments) on the island.
In my previous AFP entry I had very briefly mentioned the retirement of Lieutenant General Ben Dolorfino. Benjamin Mohammad Dolorfino is proof positive that despite the AFP being decrepid to the point of being years past euthanasia, it can still produce true military icons (or perhaps the more likely scenario is that DESPITE the AFP these men rise to the top).
On November 10, 2010 Lieutenant Dolorfino retired having reached the AFP's mandatory age of retirement on his 56th birthday. At retirement he concurrently held Command of the Marine Corps as well as being in Command at WESMINCOM, 1 of 2 Mindanao Regional Commands. He had only been at WESMINCOM for a bit more than a year but had still managed to piss the right people off (in Command, if you aren't making enemies you aren't doing your job correctly). His most controversial move came during Eid al Fit'r when Dolorfino, a convert to Islam, ordered a heavy aerial bombing over Jolo Island in Sulu Province. While the OV-10s did strike known ASG (Abu Sayyaf Group) position the MNLF's Kummander Ustadz Habir Malik insists that the bombs were meant for him. Malik after all had taken Dolorfino hostage back in 2007.
Though Asked his plans upon retirement Dolorfino swore that it would not involve actual participation in the political system since he doesn't want his hands "tied by politicians." He is sure that his future lies with an NGO committed to bringing peace to Mindanao though as yet he doesn't have a particular one in mind. Asked what stands out most from his long service with the AFP and he recalls the name of a mate from his Class at PMA (Philippine Military Academy), Class of 76. The classmate, 1st Class Cadet, Jan Efre Muyargas was killed soon after their graduation during their 1st Tour together on Basilan. Dolorfino dedicated his recent book, "Peacemakers, Peacekeepers and Peacebuilders" to Muyargas. Lieutenant Arthur Tabaquero has since been named Dolorfino's successor at WESMINCOM, the OIC (Officer in Charge, aka "Acting Commander") was Major General Romeo Lustestica, CO of 1ID, a choice of utility more than anything else since 1st Division is HQd in that same municipality, Zamboanga City.
That same day, November 10, 2010 it was revealed that President Aquino's recent trip to Vietnam has paid off with a Defence Pact that involves both Expert and Educational Exchanges. Secretary of National Defense Voltaire Gazmin accompanied the President on the 2 day State Visit that took place on October 25 and 26. Gazmin concluded the afore mentioned MoA (Memorandum of Agreement) with his counterpart, Minister of Defence , General Phung Quang. The 2 men also discussed contentions over the Spratly Islands, a group of mostly uninhabited atolls and reefs that are claimed by Brunei, Malaysia, China and Vietnam.
The day before the Agreement was announced, November 09, Gazmin was forced to abort a landing in 1 of the AFP's 3 functioning C130s on one of the Spratlys, Pagasa Isle due to a badly deteriorating airstrip. It was to be Gazmin's 1st trip while serving as Secretary of National Defense. With him was AFP Chief of Staff, General Ricardo David and WESCOM CO, Lieutenant General Juancho Sabban Upon landing at WESCOM headquarters on Palawan he said that he will priortise an upgrade and rehab of facilities in Pagasa so as to consolidate GRP claims on the group of islands. Back at WESCOM Gazmin mentioned that his Department is currently working on a multi-year budget to the tune of 5 Billion Pesos for modernisation of the entire AFP. He also revealed that talks are ongoing with DOE (Department of Energy) as to whether his Department will receive royalties from the MGPP (Malampaya Gas Pipeline Project) on Palawan. Secretary Gazmin hopes to use such royalties to help fund the AFP's push for modernisation.
The word"Mine"in and of itself really isn't the problem.The crux of the issue is"Detonation," or to be more specific,"Command Detonation."The central thesis of the AFP is that "NPA mines" are an overt contravention of the Ottawa Treaty, ergo a violation of LOAC/IHL (Laws of Armed Conflict/International Humanitarian Law). The central problem is that the Ottawa Treaty is only binding upon those entities that have signed and than ratified the document, all of whom are sovereign nations. The NPA of course is a Non-State Actor. More to the point, the treaty addresses Anti-Personnel Mines, not Anti-Armour Mines,etc.,etc. Finally, the NPA uses Command Controlled Detonation. Its IEDs. Are wired so that a guerilla must actually flip the circuit before the device detonates. Using a detonating cable they are on site, watching and waiting and they therefore control the detonation so that it only assaults security personnel. The NPA utilises its IEDs as the initial primer of a classic 2-Step Ambush. 1 guerilla detonates the IED just as an AFP or PNP vehicle or element passes by and then barrels into a salvo with long arms, strafing survivors. The NPA doesn't bury an IED in the dirt to be tripped by pressure, etc.
Though my preceding paragraph was quite caustic I am by no means an NPA supporter (perish the thought). Indeed they are just as full of shi*. It is simply that the Filipino People do not need more fairytales. The people need truth, which is the main reason why I began this endeavour. However, when the AFP actually releases statisticss showing anti-personnel mines having been captured from the NPA, well that needs to be exposed as the boldfaced lie it is. The NPA has no external conduit for weapons. Ergo. It obtains virtually all its arms from its tactical (and rarely its defencive) operations against the AFP. IF the NPA has mines it would have had to have gotten them from the AFP, PNP or the Philippine Government..
The 4ID is headquartered at Camp Evangelista in Barangay Patag, CDO (Cagayan del Oro City) in Misamis Oriental Province. It is 1 of 4 IDs on Mindanao, the others being the 1st, 6th and the 10th. 4th AOR (Area of Responsibility) covers its home province, Agusan del Norte. Agusan del Sur (most), Surigao del Sur, Surigao del Norte (including Siargo Island which is no longer a province after a recent Supreme Court Ruling), and part of Bukidnon Province. In terms of overall area it covers the largest patch but within this AOR 2 provinces are entirely pacified (Surigao del Norte and Misamis Oriental), at least in official terms. Though the base (Evangelista) abuts the border of the MILF 102 Base Command's AOR, the Division only deals with the NPA (since the other Communist Insurgency,the RPM-M signed its Final Peace Agreement more than 3 years ago). As for the NPA, there are 2 Regional Commands within that AOR, NCMRC (North Central Mindanao Regional Command which is on shaky legs at the moment, barely fielding 2 Fronts (a "Front" is a military detachment, for the sake of all precious brevity I will leave it at that) and NEMRC (Northeast Mindanao Regional Command). NEM holds the largest number of Fronts (NPA detachments) on the island.
In my previous AFP entry I had very briefly mentioned the retirement of Lieutenant General Ben Dolorfino. Benjamin Mohammad Dolorfino is proof positive that despite the AFP being decrepid to the point of being years past euthanasia, it can still produce true military icons (or perhaps the more likely scenario is that DESPITE the AFP these men rise to the top).
On November 10, 2010 Lieutenant Dolorfino retired having reached the AFP's mandatory age of retirement on his 56th birthday. At retirement he concurrently held Command of the Marine Corps as well as being in Command at WESMINCOM, 1 of 2 Mindanao Regional Commands. He had only been at WESMINCOM for a bit more than a year but had still managed to piss the right people off (in Command, if you aren't making enemies you aren't doing your job correctly). His most controversial move came during Eid al Fit'r when Dolorfino, a convert to Islam, ordered a heavy aerial bombing over Jolo Island in Sulu Province. While the OV-10s did strike known ASG (Abu Sayyaf Group) position the MNLF's Kummander Ustadz Habir Malik insists that the bombs were meant for him. Malik after all had taken Dolorfino hostage back in 2007.
Though Asked his plans upon retirement Dolorfino swore that it would not involve actual participation in the political system since he doesn't want his hands "tied by politicians." He is sure that his future lies with an NGO committed to bringing peace to Mindanao though as yet he doesn't have a particular one in mind. Asked what stands out most from his long service with the AFP and he recalls the name of a mate from his Class at PMA (Philippine Military Academy), Class of 76. The classmate, 1st Class Cadet, Jan Efre Muyargas was killed soon after their graduation during their 1st Tour together on Basilan. Dolorfino dedicated his recent book, "Peacemakers, Peacekeepers and Peacebuilders" to Muyargas. Lieutenant Arthur Tabaquero has since been named Dolorfino's successor at WESMINCOM, the OIC (Officer in Charge, aka "Acting Commander") was Major General Romeo Lustestica, CO of 1ID, a choice of utility more than anything else since 1st Division is HQd in that same municipality, Zamboanga City.
That same day, November 10, 2010 it was revealed that President Aquino's recent trip to Vietnam has paid off with a Defence Pact that involves both Expert and Educational Exchanges. Secretary of National Defense Voltaire Gazmin accompanied the President on the 2 day State Visit that took place on October 25 and 26. Gazmin concluded the afore mentioned MoA (Memorandum of Agreement) with his counterpart, Minister of Defence , General Phung Quang. The 2 men also discussed contentions over the Spratly Islands, a group of mostly uninhabited atolls and reefs that are claimed by Brunei, Malaysia, China and Vietnam.
The day before the Agreement was announced, November 09, Gazmin was forced to abort a landing in 1 of the AFP's 3 functioning C130s on one of the Spratlys, Pagasa Isle due to a badly deteriorating airstrip. It was to be Gazmin's 1st trip while serving as Secretary of National Defense. With him was AFP Chief of Staff, General Ricardo David and WESCOM CO, Lieutenant General Juancho Sabban Upon landing at WESCOM headquarters on Palawan he said that he will priortise an upgrade and rehab of facilities in Pagasa so as to consolidate GRP claims on the group of islands. Back at WESCOM Gazmin mentioned that his Department is currently working on a multi-year budget to the tune of 5 Billion Pesos for modernisation of the entire AFP. He also revealed that talks are ongoing with DOE (Department of Energy) as to whether his Department will receive royalties from the MGPP (Malampaya Gas Pipeline Project) on Palawan. Secretary Gazmin hopes to use such royalties to help fund the AFP's push for modernisation.
Monday, December 20, 2010
AFP,Final Quarter of 2010,Part VI:The Amnesty Process for Oakwood
As Presidential Proclamation #75 (Presidential Amnesty for anti-Arroyo plotters in 2 coups and 1 mutiny) finds itself nearing Congressional Concurrence (i.e."Approval") Senator Antonio Trillanes IV, a major plotter in both coups, seeks to avert a proverbial bullet in the foot. Having been imprisoned for his part in those acts of subterfuge Trillanes won a seat in the Senate in the 2007 Elections, despite having run his entire campaign from a prison cell. Though he won the election he has yet to sit in a single Senatorial Hearing or Session. Things might continue in that vein even if an application for Amnesty were to be accepted due to Trillanes having filed a Motion for Reconsideration on the Rebellion charge he currently faces with regard to "Oakwood."
The July 27, 2003 coup attempt gained the appellation it has because Trillanes and his co-leader in the poorly executed plan, Army Captain Gerardo Gambala ensconced themselves in a well heeled condominium in the (former) Oakwood Premier Ayala Center in Makati City (currently called, "Ascott, The Residence, Makati"). Using that condo as a command and control centre they oversaw a clique of 321 junior officers and enlisted men collectively known as the "Magdalo Soldiers." The plan was to overthrow (then) President Gloria M. Arroyo who had herself come to power in a coup, albeit better planned and executed.
The Motion for Reconsideration is docketed with Judge Oscar B. Pimentel of Regional Trial Court, Branch #148, Makati. Judge Pimentel adjourned proceedings in early August of 2010 and set about composing a comprehensive Ruling. Taking nearly 2 months to conclude the final product, it topped out at an amazing 260 pages. By the time Judge Pimentel was ready to publish his Ruling this past 0ctober he was informed about Presidential Proclamation #50 (#75's earlier, unrevised version) and so voluntarily delayed publication. Expecting a firm resolution (ajudication) of the case by the end of November, he set the date for publication as December 16.
As the original Proclamation, #50 was submitted to Congress Trillanes and the attorneys of 22 of his co-defendants filed a Motion for Cancellation of Promulgation," which basically asks the court to disregard the defendants' original Motion, which in this case asked for the dismissal of the original charge. Judge Pimentel responded by resetting the date for Publication, this time for December 26. Pimentel further instructed the attorneys to submit the names of all defendants who would be applying for Amnesty so as to avoid conflicting Rulings. Those that will not opt to apply will remain docket and avail themselves to Judge Pimentel's Ruling.
Senator Trillanes also applied for and received Provisional Release which will free him before Xmas.
Judge Pimentel's decision on delaying publication for a 2nd time came on the heels of the Congressional plenary debate on offering Concurrence to the Proclamation for Amnesty. In my last AFP entry I discussed the steadfast position of Congressman Niel C. Tupas Jr., Chairman of the Congressional Justice Committee who swore up and down that any applicant wishing to receive Amnesty would first have to admit his guilt. Former Brigadier General Danilo Lim even engaged Rep. Tupas in some verbal sparring on this issue which made Tupas even more resolute in his position. Well, as usual, it meant nothing for when the 3 day debate concluded on December 13 it was decided that no such admission would be required. Tupas, to save face, claims it doesn't matter because just the fact that someone applies equals an admission of guilt, or more specifically a strong inference there of. Congress summed up its perceptions on this matter via Concurrent Resolution # 08. The Senate had already Concurred on December 07. A total of 378 men will be eligible to apply.
A day later, December 17, 2010, former Major General Carlos F. Garcia, a former AFP Comptroller, once again appeared in the Sandiganbayan's 2nd District Court Room to face among other charges, an accusation of "Plunder." Plunder is a crime with a mandatory Life Sentence and so Garcia's day was full of incredible pressure. I think it is safe to assume though, that when the "Corruption Court" offered him a Plea Bargain he felt a whole lot better.
While Comptroller. Garcia stood at the centre of a massive embezzlement scheme involving several Generals and other senior officers. Just taking the relatively small portion of funds contained within the indictment, Garcia was charged with stealing 103 Million Pesos (2.075 Million US).Though paltry perhaps in Western terms, the average family on Mindanao makes much less than 3,000 US annually.
Garcia, who was dishonourably discharged from the AFP in 2005 after a rapid General Court Martial and has remained incarcerated for most of the intervening time. The most serious charge he faces under the Plea Bargain is " Permitting a Transaction Despite an Irregularity," a sub-statute under "AMLA" (Anti-Money Laundering Act). As0part of his deal Justice Edilberto Sandoval ordered Garcia to surrender 135.4 Million Pesos in cash and assets (including properties in the US).Because of the downgrading in terms of possible sentencing Garcia finds himself suddenly eligible for release on Bail. Garcia was promptly released on 60,000 Pesos.
Interestingly there has been some criticism involving the viability of this Plea Bargain. In this perspective the entire deal is illegal since according to Philippine legal procedures a Plea Bargain cannot be formulated prior to the actual trial. Defenders however point to supporting case precedent in the form of "People vs. Mamarion" so Garcia just might get to enjoy his first free Xmas in years.
On December 18, 2010, another of the men highly involved in the anti-Arroyo coups and mutiny found himself closer to redemption. Former Marine Commandant (top officer in the AFP Marine Corps), (former) Brigadier General Renato Miranda who figured highly in the February 2006 Marine Mutiny has been named CO (Commanding Officer) of ELETF. ELETF, or,Environmental Law Enforcement Task Force is an entity created by Secretary of DENR (Department of the Environment and Natural Resources), Ramon Paje. The entity will be directly under the DENR's Undersecretary and will have 12 constituent members.
As VFA-Com (Visiting Forces Agreement Commission) Executive Director Edilberto Adan visited Zamboanga City. Basilan Govenor Jum Akbar (widow of that province's Congressman Wahad Akbar, subject of an early entry of mine. A co-founder of Abu Sayyaf, an MNLF CO, a Governor and finally a Congressman before being killed by an IED planted at an entrance to the Congressional building) told the Commission that she is very happy with the American presence in her island province. VFA is an Agreement between the US and the Philippines that basically allows the US to circumvent the 1987 Philippine Constitution which specifically bars the presence of any foreign military in the Philippines outside if prior Agreements like the US-Philippine Mutual Defense Agreement from the 1950s. Since the closing of the bases on Luzon, Clark Air Field and Subic Bay Naval Station, the US has been looking for a solid foothold.
In 1997 the 2 nations inked the VFA which was only supposed to allow very specific training exercises. What the Philippines got though, courtesy of former President Gloria M. Arroyo was JSOTF-P (Joint Special Operations Task Force-Philippines). JSOTF-P, sublimated to PACOM (US Pacific Command), more specifically to SOCPAC (Special Operations Command Pacific). With a little over 800 men and women (not the "5 to 600" that is so often disseminated to the media) is split amongst 3 sublimated Task Forces:
Task Force Mindanao: Headquartered at Camp Siongco in Barangay Awang, Datu Odin Sinsuat, Maguindanao Province, Headquarters of the AFP's 6ID (6th Infantry Division).
Task Force Sulu: Head Quartered at Camp Bautista, Barangay Bus Bus, Jolo City, Jolo Island in Sulu Province, the Headquarters of the AFP Marine's 3Bde (3rd Brigade).
Task Force Archipelago, Headquartered at Camp Navarro, Barangay Calarian, Zamboanga City, Zamboanga del Sur.
A little known fact is that in every installation the Americans build their own self enclosed compounds, with some portions entirely off limits even to the AFP Base Commander. If the AFP Chief of Staff were to demand entrance at a restricted portion of a US compound he would be denied. Naturally, even without the colonial baggage this tends to rub a great many Filipinos the wrong way. Another little known fact is that aside from the Headquarters there are sattelite installations as well. An example for all 3 Task Forces might be...
TF Mindanao: US Compound at Camp Ranao in Marawi City, Lanao del Sur Province (1ID).
TF Sulu: Tawi Tawi Naval Station
TF Archipelago: The entire island of Basilan which happens to hold the greatest number of US personnel by far.
Basilan of course bringing us back to Govenor Akbar and her lunch at the Orchid Hotel. When asked her opinion on the extra-heavy American presence she answered in positivly gushing tones, speaking about all the "Hearts and Minds" work, like MED and VETCAPs (Medical and Vetinarian Civil Action Projects where medical and dental services 3e provided to indigent villagers and their livestock) as well as various construction and infrastructural projects undertaken by US Forces.
On December 06, 2010 at 1003Bde (1003rd Brigade) HQ (Headquarters) in Barangay New Visayas, Santo Tomas, Davao del Norte Province, a rather muted Change of Command Ceremony was held to mark the rotation of COs (Commanding Officers), Col. Lysander Suerte is assuming command from Col. Domingo Tutaan Jr., who himseld only held it for a few months. During Col. Tutaan's very short tenure he basically continued the work of his predecessor, the legendary Brigadier General Eduardo del Rosario in terms of the military facet of COIN (Counterinsurgency) doctrine. He also continued with 10ID's (10th Infantry Division) greater emphasis on the CMO (Civil Military Operations, aka "Hearts and Minds") with the admirable deployment of 127 nine man PDTs (Peace and Development Teams), in 114 barangays. He also oversaw the "surrender" of 14 NPA "gueriilas." I use apostrophes because most surrenderees have never come close to joining.
Col. Tutaan will be taking an interesting deployment in becoming the 1st officer to command the new Human Rights bureau in GenSan (General Santos City, Saragani Province). Following the lead of the PNP (Philippine National Police) who have just announced an innovation of their own. Having opened its own Human Rights bureau months ago it now plans to install a Human Rights liason in ever PNP garrison (including municipal stations). Sign of the times. Me? I will be satisfied when they stop offing people extra-judicially.
On December 04, 2010 4ID got a rude suprise when it discovered that their website had been hacked. The screen showed a cartoon like drawing of 3 youngmen. 1 is sitting in a chair, tied up and mouth covered with tape. 1 man on each side of him manhandles him. Underneath the drawing os the caption, in English, "Are you happy?" The man in the chair has a rectangle superimposed over him with the word, "Hacked" in bold red letters against the screen's stark black and white colours. On the bottom is the caption, "Own3d by Giant NETWORK $erver Down [sic]." An Arabic song played repeatedly (looped) and a url was left (I wont list it since it just serves to incite future sabotage. It was on an unsecure server and was the only 1 of the AFP's 10 Infantry Divisions to be targetted so it doesn't seem to be ideologically based. In any event within 3 days the site was re-captured and has been fine since.
The July 27, 2003 coup attempt gained the appellation it has because Trillanes and his co-leader in the poorly executed plan, Army Captain Gerardo Gambala ensconced themselves in a well heeled condominium in the (former) Oakwood Premier Ayala Center in Makati City (currently called, "Ascott, The Residence, Makati"). Using that condo as a command and control centre they oversaw a clique of 321 junior officers and enlisted men collectively known as the "Magdalo Soldiers." The plan was to overthrow (then) President Gloria M. Arroyo who had herself come to power in a coup, albeit better planned and executed.
The Motion for Reconsideration is docketed with Judge Oscar B. Pimentel of Regional Trial Court, Branch #148, Makati. Judge Pimentel adjourned proceedings in early August of 2010 and set about composing a comprehensive Ruling. Taking nearly 2 months to conclude the final product, it topped out at an amazing 260 pages. By the time Judge Pimentel was ready to publish his Ruling this past 0ctober he was informed about Presidential Proclamation #50 (#75's earlier, unrevised version) and so voluntarily delayed publication. Expecting a firm resolution (ajudication) of the case by the end of November, he set the date for publication as December 16.
As the original Proclamation, #50 was submitted to Congress Trillanes and the attorneys of 22 of his co-defendants filed a Motion for Cancellation of Promulgation," which basically asks the court to disregard the defendants' original Motion, which in this case asked for the dismissal of the original charge. Judge Pimentel responded by resetting the date for Publication, this time for December 26. Pimentel further instructed the attorneys to submit the names of all defendants who would be applying for Amnesty so as to avoid conflicting Rulings. Those that will not opt to apply will remain docket and avail themselves to Judge Pimentel's Ruling.
Senator Trillanes also applied for and received Provisional Release which will free him before Xmas.
Judge Pimentel's decision on delaying publication for a 2nd time came on the heels of the Congressional plenary debate on offering Concurrence to the Proclamation for Amnesty. In my last AFP entry I discussed the steadfast position of Congressman Niel C. Tupas Jr., Chairman of the Congressional Justice Committee who swore up and down that any applicant wishing to receive Amnesty would first have to admit his guilt. Former Brigadier General Danilo Lim even engaged Rep. Tupas in some verbal sparring on this issue which made Tupas even more resolute in his position. Well, as usual, it meant nothing for when the 3 day debate concluded on December 13 it was decided that no such admission would be required. Tupas, to save face, claims it doesn't matter because just the fact that someone applies equals an admission of guilt, or more specifically a strong inference there of. Congress summed up its perceptions on this matter via Concurrent Resolution # 08. The Senate had already Concurred on December 07. A total of 378 men will be eligible to apply.
A day later, December 17, 2010, former Major General Carlos F. Garcia, a former AFP Comptroller, once again appeared in the Sandiganbayan's 2nd District Court Room to face among other charges, an accusation of "Plunder." Plunder is a crime with a mandatory Life Sentence and so Garcia's day was full of incredible pressure. I think it is safe to assume though, that when the "Corruption Court" offered him a Plea Bargain he felt a whole lot better.
While Comptroller. Garcia stood at the centre of a massive embezzlement scheme involving several Generals and other senior officers. Just taking the relatively small portion of funds contained within the indictment, Garcia was charged with stealing 103 Million Pesos (2.075 Million US).Though paltry perhaps in Western terms, the average family on Mindanao makes much less than 3,000 US annually.
Garcia, who was dishonourably discharged from the AFP in 2005 after a rapid General Court Martial and has remained incarcerated for most of the intervening time. The most serious charge he faces under the Plea Bargain is " Permitting a Transaction Despite an Irregularity," a sub-statute under "AMLA" (Anti-Money Laundering Act). As0part of his deal Justice Edilberto Sandoval ordered Garcia to surrender 135.4 Million Pesos in cash and assets (including properties in the US).Because of the downgrading in terms of possible sentencing Garcia finds himself suddenly eligible for release on Bail. Garcia was promptly released on 60,000 Pesos.
Interestingly there has been some criticism involving the viability of this Plea Bargain. In this perspective the entire deal is illegal since according to Philippine legal procedures a Plea Bargain cannot be formulated prior to the actual trial. Defenders however point to supporting case precedent in the form of "People vs. Mamarion" so Garcia just might get to enjoy his first free Xmas in years.
On December 18, 2010, another of the men highly involved in the anti-Arroyo coups and mutiny found himself closer to redemption. Former Marine Commandant (top officer in the AFP Marine Corps), (former) Brigadier General Renato Miranda who figured highly in the February 2006 Marine Mutiny has been named CO (Commanding Officer) of ELETF. ELETF, or,Environmental Law Enforcement Task Force is an entity created by Secretary of DENR (Department of the Environment and Natural Resources), Ramon Paje. The entity will be directly under the DENR's Undersecretary and will have 12 constituent members.
As VFA-Com (Visiting Forces Agreement Commission) Executive Director Edilberto Adan visited Zamboanga City. Basilan Govenor Jum Akbar (widow of that province's Congressman Wahad Akbar, subject of an early entry of mine. A co-founder of Abu Sayyaf, an MNLF CO, a Governor and finally a Congressman before being killed by an IED planted at an entrance to the Congressional building) told the Commission that she is very happy with the American presence in her island province. VFA is an Agreement between the US and the Philippines that basically allows the US to circumvent the 1987 Philippine Constitution which specifically bars the presence of any foreign military in the Philippines outside if prior Agreements like the US-Philippine Mutual Defense Agreement from the 1950s. Since the closing of the bases on Luzon, Clark Air Field and Subic Bay Naval Station, the US has been looking for a solid foothold.
In 1997 the 2 nations inked the VFA which was only supposed to allow very specific training exercises. What the Philippines got though, courtesy of former President Gloria M. Arroyo was JSOTF-P (Joint Special Operations Task Force-Philippines). JSOTF-P, sublimated to PACOM (US Pacific Command), more specifically to SOCPAC (Special Operations Command Pacific). With a little over 800 men and women (not the "5 to 600" that is so often disseminated to the media) is split amongst 3 sublimated Task Forces:
Task Force Mindanao: Headquartered at Camp Siongco in Barangay Awang, Datu Odin Sinsuat, Maguindanao Province, Headquarters of the AFP's 6ID (6th Infantry Division).
Task Force Sulu: Head Quartered at Camp Bautista, Barangay Bus Bus, Jolo City, Jolo Island in Sulu Province, the Headquarters of the AFP Marine's 3Bde (3rd Brigade).
Task Force Archipelago, Headquartered at Camp Navarro, Barangay Calarian, Zamboanga City, Zamboanga del Sur.
A little known fact is that in every installation the Americans build their own self enclosed compounds, with some portions entirely off limits even to the AFP Base Commander. If the AFP Chief of Staff were to demand entrance at a restricted portion of a US compound he would be denied. Naturally, even without the colonial baggage this tends to rub a great many Filipinos the wrong way. Another little known fact is that aside from the Headquarters there are sattelite installations as well. An example for all 3 Task Forces might be...
TF Mindanao: US Compound at Camp Ranao in Marawi City, Lanao del Sur Province (1ID).
TF Sulu: Tawi Tawi Naval Station
TF Archipelago: The entire island of Basilan which happens to hold the greatest number of US personnel by far.
Basilan of course bringing us back to Govenor Akbar and her lunch at the Orchid Hotel. When asked her opinion on the extra-heavy American presence she answered in positivly gushing tones, speaking about all the "Hearts and Minds" work, like MED and VETCAPs (Medical and Vetinarian Civil Action Projects where medical and dental services 3e provided to indigent villagers and their livestock) as well as various construction and infrastructural projects undertaken by US Forces.
On December 06, 2010 at 1003Bde (1003rd Brigade) HQ (Headquarters) in Barangay New Visayas, Santo Tomas, Davao del Norte Province, a rather muted Change of Command Ceremony was held to mark the rotation of COs (Commanding Officers), Col. Lysander Suerte is assuming command from Col. Domingo Tutaan Jr., who himseld only held it for a few months. During Col. Tutaan's very short tenure he basically continued the work of his predecessor, the legendary Brigadier General Eduardo del Rosario in terms of the military facet of COIN (Counterinsurgency) doctrine. He also continued with 10ID's (10th Infantry Division) greater emphasis on the CMO (Civil Military Operations, aka "Hearts and Minds") with the admirable deployment of 127 nine man PDTs (Peace and Development Teams), in 114 barangays. He also oversaw the "surrender" of 14 NPA "gueriilas." I use apostrophes because most surrenderees have never come close to joining.
Col. Tutaan will be taking an interesting deployment in becoming the 1st officer to command the new Human Rights bureau in GenSan (General Santos City, Saragani Province). Following the lead of the PNP (Philippine National Police) who have just announced an innovation of their own. Having opened its own Human Rights bureau months ago it now plans to install a Human Rights liason in ever PNP garrison (including municipal stations). Sign of the times. Me? I will be satisfied when they stop offing people extra-judicially.
On December 04, 2010 4ID got a rude suprise when it discovered that their website had been hacked. The screen showed a cartoon like drawing of 3 youngmen. 1 is sitting in a chair, tied up and mouth covered with tape. 1 man on each side of him manhandles him. Underneath the drawing os the caption, in English, "Are you happy?" The man in the chair has a rectangle superimposed over him with the word, "Hacked" in bold red letters against the screen's stark black and white colours. On the bottom is the caption, "Own3d by Giant NETWORK $erver Down [sic]." An Arabic song played repeatedly (looped) and a url was left (I wont list it since it just serves to incite future sabotage. It was on an unsecure server and was the only 1 of the AFP's 10 Infantry Divisions to be targetted so it doesn't seem to be ideologically based. In any event within 3 days the site was re-captured and has been fine since.
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