A village burns in Zamboanga City where troops and rebels fight since September 9, 2013 following simultaneous attacks by Moro National Liberation Front members. And alleged MNLF leader Commander Usong Ugong and his followers and their weapons shortly after their surrender to the police. (Mindanao Examiner Photo)
ZAMBOANGA CITY – Government officials and residents in Zamboanga City were shocked to learn that dozens of arrested members of the Moro National Liberation Front who had been implicated in last year’s deadly attack here may be freed despite mounting evidence against them.
This came after the Department of Justice (DOJ) recommended the dismissal of the criminal charges against them. It said at least 59 of over 279 people arrested and charged in connection with the attack are likely to be released.
According to reports, Justice Secretary Leila de Lima said the DOJ came up with the recommendation after the Pasig court handling the rebellion case ordered the prosecution to undertake a re-investigation.
GMA News also quoted De Lima as saying “sa tingin ng court, may mga akusado na hindi na-establish ang role”, adding, it is up to the court whether or not to approve the prosecution panel's recommendation.
It said De Lima clarified that MNLF chieftain Nur Misuari, who was accused as the brains behind the attack, is still among those facing charges of rebellion and violation of the Philippine Act on Crimes against International Humanitarian Law, Genocide, and Other Crimes against Humanity which were filed in two batches in October and December 2013.
According to reports, Justice Secretary Leila de Lima said the DOJ came up with the recommendation after the Pasig court handling the rebellion case ordered the prosecution to undertake a re-investigation.
GMA News also quoted De Lima as saying “sa tingin ng court, may mga akusado na hindi na-establish ang role”, adding, it is up to the court whether or not to approve the prosecution panel's recommendation.
It said De Lima clarified that MNLF chieftain Nur Misuari, who was accused as the brains behind the attack, is still among those facing charges of rebellion and violation of the Philippine Act on Crimes against International Humanitarian Law, Genocide, and Other Crimes against Humanity which were filed in two batches in October and December 2013.
GMA said some of Misuari’s commanders, including his top leader Ustadz Khabir Malik, have been charged on October 7 at the Zamboanga City Regional Trial Court, but remain at large. The DOJ said the attack on Zamboanga resulted in several casualties and extensive damage within the city, particularly in the villages of Mariki, Rio Hondo, Santa Barbara, Santa Catalina, Kasanyangan, Talon-Talon and Mampang.
The report said Misuari and his men were charged with rebellion for taking up arms and attacking government security forces and civilians, and by committing “acts of murder, pillage, disorder, looting, arson, and destruction of private and public properties." They were also charged for their acts of violence against residents who did not take an active part in the armed hostilities, and for taking non-combatant civilians as hostages during the fighting.
Commander Usong Ugong
It was unknown whether among those who would be freed include the 23 MNLF gunmen led by Commander Usong Ugong that yielded to the police during the rebel siege. Ugong’s group surrendered to Senior Superintendent Jose Chiquito Malayo, then the local police chief, in the village of Mampang in exchange for a safe passage back to Basilan province.
Malayo was initially reported to have been taken hostage by Ugong’s group, but this had been denied by the police officer who admitted he went to the village to negotiate for the surrender of the rebels. Ugong claimed that Misuari misled them into believing they would attend a peace rally in Zamboanga, but ended up hiding in the village when fighting erupted.
But other reports claimed Ugong’s group was allegedly paid or working for an unidentified politician who sent the gunmen to Zamboanga to pose as surrenderees to demoralize the ranks of the rebel group and as a media propaganda. Assorted automatic and high-power weapons were also seized by the police from Ugong’s group.
Rebel forces from Basilan and Sulu provinces under the command of Malik stormed Zamboanga on September 9 and took over 200 people hostage and used them as shield against pursuing soldiers and policemen. More than 400 people were killed and wounded in the fighting that lasted three weeks. The battle displaced over 120,000 residents.
But other reports claimed Ugong’s group was allegedly paid or working for an unidentified politician who sent the gunmen to Zamboanga to pose as surrenderees to demoralize the ranks of the rebel group and as a media propaganda. Assorted automatic and high-power weapons were also seized by the police from Ugong’s group.
Rebel forces from Basilan and Sulu provinces under the command of Malik stormed Zamboanga on September 9 and took over 200 people hostage and used them as shield against pursuing soldiers and policemen. More than 400 people were killed and wounded in the fighting that lasted three weeks. The battle displaced over 120,000 residents.
Misuari, who signed a peace accord with Manila in 1996, accused the Aquino government of reneging on the peal deal and launched a new rebellion, the second in more than a decade. In 2001, loyal forces of Misuari also attacked military bases in Zamboanga City and Jolo town in Sulu province and the clashes killed over 100 people. Misuari, who fled to Malaysia after the siege failed, was arrested and jailed, but eventually released by then President Gloria Arroyo after he pledged loyalty and support to the politician.
OPAPP held accountable
Zamboanga Mayor Maria Isabella Salazar said she will not allow the rebels to go unpunished. Even residents have aired their concerns to different radio stations here after hearing about the reports.
Salazar said she has conferred with the City Legal Office and the City Prosecutor’s Office to find ways and means on how to address the issue. “As I reiterated before, we stand by the rule of law and we expect our pillars of justice to do what is incumbent upon them. We already conferred with the City Legal Officer lawyer Jesus Carbon and the City Prosecutor Peter Medalle and we will study if we can pursue any remedy,” she said.
A copy of the DOJ resolution was furnished to the City Legal Office and its legal team has already met with representatives from the City Prosecutor's Office to discuss the matter and possible remedies. The City Legal Office is also expected to file a motion for reconsideration with the DOJ.
Salazar has blamed the Office of the Presidential Assistant on the Peace Process for failing to address concerns raised by the MNLF prior to the siege of Zamboanga.
A copy of the DOJ resolution was furnished to the City Legal Office and its legal team has already met with representatives from the City Prosecutor's Office to discuss the matter and possible remedies. The City Legal Office is also expected to file a motion for reconsideration with the DOJ.
Salazar has blamed the Office of the Presidential Assistant on the Peace Process for failing to address concerns raised by the MNLF prior to the siege of Zamboanga.
OPAPP is headed by former Arroyo loyalist Teresita Deles.
“I still hold them (OPAPP) accountable. Looking at the situation, the OPPAP should really intensify its tasks and mission because I cannot give what Chairman Nur Misuari was asking me (and that is) to (fully) implement the 1996 peace accord (with the MNLF).
“I still hold them (OPAPP) accountable. Looking at the situation, the OPPAP should really intensify its tasks and mission because I cannot give what Chairman Nur Misuari was asking me (and that is) to (fully) implement the 1996 peace accord (with the MNLF).
“It should be the agencies of government, particularly OPPAP that has to be responsive to that. With that, as it may have to move on. Ya kaba ya se. (sic) Ya supri ya kita (Ya está hecho. Ya hemos sufrido. It’s done. We have suffered already). We’re victims of the siege. Then perhaps, we ask them also that this time, do their mission, do their task because we, in the City Government of Zamboanga, will be left to take care on the victims of the siege,” Salazar said.
Misuari has been opposing to the government’s peace talks with rival Moro Islamic Liberation Front which signed a peace accord with Aquino in 2012, saying it violated the September 1996 agreement with the MNLF. He also wrote a letter to the Organization of Islamic Cooperation about it and sent a communication to OPAPP, but was ignored.
Salazar also said that OPAPP neglected local government’s request for guidance on how to deal with the MNLF. “We already aired our request for guidance from national government how to deal with the MNLF if ever they are seen in the city in uniform. But sad to know that from the time that we asked that question way back in July (last year and) up to even in (time of) the siege, there was no guidance and response. The accountability of this (OPAPP) agency should be responsive to the peace process and should have done its task in guiding local government units on how to react and what to do,” she said.
She said the siege lasted long because there was a failure in communication between the OPAPP and MNLF.
Misuari has been opposing to the government’s peace talks with rival Moro Islamic Liberation Front which signed a peace accord with Aquino in 2012, saying it violated the September 1996 agreement with the MNLF. He also wrote a letter to the Organization of Islamic Cooperation about it and sent a communication to OPAPP, but was ignored.
Salazar also said that OPAPP neglected local government’s request for guidance on how to deal with the MNLF. “We already aired our request for guidance from national government how to deal with the MNLF if ever they are seen in the city in uniform. But sad to know that from the time that we asked that question way back in July (last year and) up to even in (time of) the siege, there was no guidance and response. The accountability of this (OPAPP) agency should be responsive to the peace process and should have done its task in guiding local government units on how to react and what to do,” she said.
She said the siege lasted long because there was a failure in communication between the OPAPP and MNLF.
“Sad to say that as a consequence, Chairman Nur Misuari proved his worth, and we all end up victims of the siege and so in a sense, Zamboanga City just became a victim of circumstance because of lack of communication,” Salazar said.
And rubbing salt into the wound, Salazar said some OPAPP officials abandoned Zamboanga at the height of the siege only to attend to their budget hearing in Congress in Manila.
And rubbing salt into the wound, Salazar said some OPAPP officials abandoned Zamboanga at the height of the siege only to attend to their budget hearing in Congress in Manila.
“Where was OPAPP during the siege?,” she asked. “So I really feel that the budget of a government agency (OPAPP) was more important than the people of Zamboanga who suffered in the siege,” Salazar said.
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