2 marine soldiers arrested in anti-drug operation in Pagadian City

From the Philippine News Agency (Sep 16): 2 marine soldiers arrested in anti-drug operation in Pagadian City

PAGADIAN CITY, Zamboanga del Sur -- Combined police and Philippine Drug Enforcement Agency (PDEA) operatives have arrested two soldiers in a drug buy-bust operation in this city, a top police official announced Tuesday.

Provincial police director Senior Supt. Sofronio Ecaldre identified the arrested soldiers as Corporal (Cpl.) Ryan Depuno and Private First Class (PFC) Silvano Jenisan, both members of the Philippine Marines assigned in Cotabato City.

Ecaldre said the two suspects were arrested in a drug buy-bust operation near a pension house around 5 p.m. Monday along Padpad Road, Barangay San Jose, this city.

He said the buy-bust operation was carried out after the two suspects agreed to “sell and deliver” shabu to a PDEA agent who pretended to be a buyer.

He said the arresting team confiscated from the suspects’ possessions a caliber .45 pistol with 19 rounds of live ammunition and 15 small-sized heat-sealed plastic sachet containing white crystalline substance believed to be shabu.

He said the suspects are detained and a case for violation of Sections 5 and 11, Article II of Republic Act 9165 is readied to be filed against them.

He said that Depuno and Jenisan are residents of this city and Cagayan de Oro City, respectively.

http://www.pna.gov.ph/index.php?idn=2&sid=&nid=2&rid=684634

Air Force, partners hold medical mission in Tacloban school

From the Philippine News Agency (Sep 16): Air Force, partners hold medical mission in Tacloban school

Tacloban City -- At least 426 pupils and parents of Manlurip Elementary School in San Jose district in this city benefited from the recent medical mission of the Philippine Air Force (PAF) and its partners.

The mission was spearheaded by the PAF in partnership with Cebu Parklane International Hotel, Rotary Club International Mactan, Helping You Grow Stronger (HUGS) Foundation and other business sectors who shared the same advocacy of helping Yolanda survivors.

“We continue to make our own way of helping survivors because we believe that serving is always a privilege,” PAF Second Air Division spokesman Lt. Col. Marciano Jesus Guevara said.

Among all the devastated areas in the city, San Jose, specifically the sub-district of Manlurip was one of those that need to sustain health services and special assistance being among the most devastated areas here during typhoon Yolanda. Manlurip Elementary School was among the evacuation centers.

Different agencies from Cebu that supported the medical mission distributed relief items to the Manlurip ES pupils.

Cebu Parklane International Hotel brought the doctors and distributed free medicines like vitamin kits.

For its part, the Rotary Club international distributed bags, shoes and other school supplies to about 300 pupils.

A bake shop in Manlurip donated loaves of bread for refreshment.

Other activities during the mission included feeding program, free haircut, and free legal counseling for the residents.

http://www.pna.gov.ph/index.php?idn=2&sid=&nid=2&rid=684702

Army, PNP hunt down NPAs in North Cotabato after roadside bombing

From the Philippine News Agency (Sep 16): Army, PNP hunt down NPAs in North Cotabato after roadside bombing

Military and police forces here have been hunting down a band of communist guerrillas who set off a roadside bomb Tuesday morning that left three policemen wounded, the Army here said.

The explosion occurred at about 9 a.m. on a dirt road in the borders of Barangays Natutungan and Bagumbayan, Magpet, North Cotabato, according to Army Capt. Manuel Gatus, 57th Infantry Battalion spokesperson.

Two improvised bombs went off in succession that resulted in slight injuries for policemen who were on their way to the village of Bagumbayan.

Gatus said the PNP personnel were rushing to the area after receiving reports of alleged harassment by the NPA in Barangay Bagumbayan.

"The wounded PNP members are now safe and being treated at a hospital in Kidapawan City," Gatus said.

Quoting reports from the 602nd Infantry Brigade, Colonel Dickson Hermoso, speaking for the 6th Infantry Division, said at least 50 heavily armed men were seen in the area before the explosions.

Alert civilians tipped off the police and the military about the presence of NPA collecting revolutionary taxes from civilians.

A 30-minute firefight ensued before the guerrillas, sensing more Army troopers were coming, decided to flee toward the Magpet mountains.

No casualty was reported on government side.

http://www.pna.gov.ph/index.php?idn=2&sid=&nid=2&rid=684813

7 hurt in explosion in front of GenSan city hall building

From the Philippine News Agency (Sep 16): 7 hurt in explosion in front of GenSan city hall building

Seven people were injured when a suspected improvised bomb exploded at a plaza located infront of the main city hall building here on Tuesday night.

Senior Supt. Froilan Quidilla, city police director, said the explosion happened at around 7:28 p.m. near the monument of national hero Jose Rizal at the Plaza Heneral Santos and the city hall complex’s flag pole.

He said seven persons sustained various shrapnel injuries and were immediately rushed to various local hospitals.

Nelson Samilin, head of the local Red Cross rescue team, said they were on standby at their office located at the back of the city hall building when they heard a loud explosion.

He said they immediately rushed to the scene and found several persons who were hit by shrapnels believed coming from the explosive.

“We assisted two persons who sustained minor injuries and helped bring two others to the hospital,” he said in a radio interview.

Quidilla said investigators are currently scouring the scene of the explosion to determine the type of explosive that was used in the attack, they have cordoned the entire city hall complex

“We’re still investigating the type of explosive that was used through our EOD (explosives ordnance disposal) team,” he said.

The police official said they immediately raised the security alert in the entire city as a result of the explosion, which happened three days after the culmination of the city’s 16th Tuna Festival.

http://www.pna.gov.ph/index.php?idn=2&sid=&nid=2&rid=684941

Police eye various angles in GenSan blast

From the Philippine News Agency (Sep 17): Police eye various angles in GenSan blast

Police authorities are looking at a number of angles as possible motive in the explosion at a plaza infront of the main city hall building here on Tuesday night that injured nine people.

Supt. Rolly Octavio, deputy city police director for administration, said Wednesday their investigation is still ongoing in connection with the blast, which occurred at past 7 p.m. near the monument of national hero Jose P. Rizal at the Plaza Heneral Santos and the flag pole of the city hall complex.

The scene of the explosion, which happened three days after the culmination of the city’s week-long 16th Tuna Festival, was just a few meters from the main entrance of the city hall building.

An official statement issued by the City Police Office, Army-led Joint Task Force GenSan and the city government declared that the explosion was caused by a grenade.

“As of now, no shrapnels or fragments have been found. Investigation is still continuing as to the motives and culprits of the crime,” the statement said.

But Octavio said they could not yet make any conclusion as to the type of explosive that was used in the attack.

“We’re still determining what type of explosive was used and its materials. We don’t want to speculate as to the motive and the identity of the suspects so we’re considering all possible angles,” the police official said in an interview with a local television station.

He said they will continue with the post-blast investigation on Wednesday morning after it was temporarily suspended late Tuesday due to the rains.

Octavio said personnel from the Region 12 police’s crime laboratory and members of explosives ordnance disposal (EOD) teams of the city police and the Philippine Army will conduct another sweep of the blast site to locate any shrapnels and other evidences.

He said the result of the blast site investigation will establish the type of explosive that was used in the attack and if they contain “signatures” of terror groups, he said.

After the site investigation, he said they will proceed with the gathering of statements from witnesses, especially those present at the scene of the attack.

He said city police director, Senior Supt. Froilan Quidilla, also directed investigators to secure footages from closed-circuit television cameras set up near the site to assist their investigation.

As of Wednesday morning, Octavio said they recorded a total of nine persons, mostly students, who sustained various injuries as a result of the explosion.

Five of the victims identified as Sarah Arquiza, Marlon Fajada, Christian Paul Amimong, Jay Magnanao and Joan Michelle Abranilla were brought to the St. Elizabeth Hospital here.

The two other victims identified as James Abreo and Geraldine Ilon were rushed to the City Hospital.

Red Cross rescue personnel treated two persons identified as Andy Galapon and Shiela Maginda for minor injuries at the blast site.

Octavio said only two of the victims -- Amimong and Magnanao -- are still confined at the St. Elizabeth Hospital while the rest have been so far released.

City Mayor Ronnel Rivera, who was on his way to Davao City when the explosion happened and had to rush back to the city, said the local government will shoulder the hospitalization and other needs of the victims.

The mayor personally inspected the blast site and later visited the victims at the St. Elizabeth Hospital and the City Hospital.

The mayor directed city police personnel and other law enforcement units to speed up the investigation of the incident and identify the possible suspects.

http://www.pna.gov.ph/index.php?idn=2&sid=&nid=2&rid=685013

Syrian rebels funded Filipino Muslims to join ISIS—MNLF

From the Manila Standard Today (Sep 17): Syrian rebels funded Filipino Muslims to join ISIS—MNLF

SYRIAN militants had recruited and funded Filipino Muslim rebels to wage war alongside Islamic State forces in Syria, which was the same scheme employed by Libya with the Moro Islamic Liberation Front (MNLF) during the Mindanao rebellion in the 1920s, MNLF spokesman Absalom Cerveza said in refuting the military’s claim.

Cerveza said a financier from Syria, probably from opposition militants, has facilitated the funding and recruitment of Filipino rebels to fight in the war-torn country.

“It would be hard for somebody recruiting or entice people to go to war without any financial consideration,” Cerveza said.

 “They are there for the money,” Cerveza said, hinting that the funding was either in the form of cash brought by an agent or coursed through remittance.

At least 200 members of the Bangsamoro Islamic Freedom Fighters (BIFF) claimed by the rebel faction had been reportedly dispatched to help ISIS fight Syrian government forces, a claim that the military repeatedly denied.

Cerveza said the same tactic was used by the late Libyan President Muammar Muhammad Khadaffy, who provided funds to MNLF founding Chairman Nur Misuari during the dark days of the Mindanao rebellion in the 70s.

Aside from Libya which also shipped in high powered firearms to Mindanao using the Malaysian sea lanes via Sabah, Malaysia also provided assistance to the MNLF in the form of military training to the rebels.

Cerveza said that Syrian rebels may have recruited Filipino Overseas Workers (OFWs) in the Middle East as mercenaries to the conflict zone in Syria.

“They (mercenaries and Filipinos) may have lured by the huge monetary or financial considerations for their services rendered to the ISIS,” Cerveza said.

“In the 1970s, Libya through its diplomat, also sent cash to MNLF and it is possible that a financier from the Syria’s underground movement have provided financing to the Filipino rebels,” he added.

When asked on the possibility that additional Filipinos would be sent out to Syria, Cerveza said “if they are winning or gaining ground, additional forces might be needed.”

On Monday, the military refused to say anything on the matter without a more concrete proof.

“We don’t to speculate until we have basis to say that,” Armed Forces Spokesman Major Gen, Sonny Tutaan said. All information is still being verified.

But Davao City Mayor Rodrigo Duterte said the reports on the recruitment, even in Davao, may have some truth into it.

“I am concerned. I am not condemning anybody here. I feel sad for those who go there. They probably feel it’s alright,” Duterte said. But the only reports we’ve received said that there will some (who will be) sent there,” said Duterte as e expressed alarm over reports that another batch from the Bangsamoro Islamic Freedom Fighters had pledge allegiance to ISIS.

http://manilastandardtoday.com/2014/09/17/syrian-rebels-funded-filipino-muslims-to-join-isis-mnlf/

Fugitive Misuari won't attend hearings on Bangsamoro law

From the Philippine Star (Sep 16): Fugitive Misuari won't attend hearings on Bangsamoro law



Nur Misuari, founder of the Moro National Liberation Front (2nd from left) and his lieutenants recite a du'a (prayer) along with Al-Haj Murad Ebrahim (right), now chairman of the Moro Islamic Liberation Front during a clandestine meeting at the MILF's former bastion, Camp Abubakar in Maguindanao, a year after the crafting of the September 2, 1996 government-MNLF truce. FILE PHOTO/JOHN UNSON

Moro National Liberation Front (MNLF) founder Nur Misuari will not attend congressional hearings on the draft Basic Bangsamoro Law in keeping with his declaration of “Mindanao independence” last year, senior leaders of the group said.

Misuari’s self-styled declaration of independence was done two months before his followers pulled off the deadly September 2013 siege of coastal barangays in Zamboanga City, which left dozens dead and caused the dislocation of more than 100,000 villagers.

Former Cotabato City Mayor Muslimin Sema, chairman of the largest and most politically active MNLF faction, said on Wednesday that they welcome insinuations to allow Misuari to attend hearings on the draft BBL.

Sema, however, said they are convinced Misuari will definitely not participate in the process.

“It would be good if they can convince Mr. Misuari to attend the hearings. But I don’t think he will respond positively. It would be a meaningless move on the part of the government because he has already declared independence,” Sema said.

Sema said there is also a standing communication protocol between the government and the MNLF, which enjoins both sides to deal with each other only via the Organization of Islamic Cooperation (OIC).

The OIC, a bloc of more than 50 Muslim states, including wealthy petroleum exporting countries in the Middle East and North Africa, helped broker the Sept. 2, 1996 government-MNLF peace agreement.

The OIC has also been helping resolve since 2007 the misunderstandings, between the MNLF and the government, on some of the sensitive provisions of the peace agreement.

“The MNLF has to seek first the imprimatur of the OIC before deciding to attend the BBL hearings because that has something to do with the Mindanao peace process,” Sema said.

A senior MNLF leader in Basilan said it is unlikely for Misuari to attend congressional hearings on the BBL without observers from the OIC’s Southern Philippines Peace Commission.

The commission is comprised of representatives from several OIC-member states, including Turkey, Senegal, Bangladesh, Libya, Brunei, Pakistan, Saudi Arabia, Somalia and Indonesia.

“We are sure Brother Nur will not attend any congressional hearing on the proposed Bangsamoro law,” said an MNLF leader in Basilan, who had served as regional official when Misuari was governor of the Autonomous Region in Muslim Mindanao.

Cagayan de Oro Rep. Rufus Rodriguez, head of the 75-member congressional panel tasked to handle the draft BBL, had told reporters that they want to get insights from Misuari and the figurehead of the Bangsamoro Islamic Freedom Fighters (BIFF), the foreign-trained cleric Ameril Umbra Kato.

BIFF officials, who asked not to be identified for lack of authority to speak on the issue, said it is also impossible for Kato to participate in any activity related to the on-going peace efforts of the government and the Moro Islamic Liberation Front.

“Our group is fighting for an independent state based on the Islamic principle of oneness of religion and governance,” said one of the BIFF sources, who requested anonymity.

Kato, who studied Islamic theology in Saudi Arabia, started as chief of the MILF’s 105th Base Command, but was booted out in 2010 due to insubordination and other offenses.

Kato launched in late 2010 the BIFF, known for its enforcement of a Taliban-style justice system in areas where it operates.

Misuari is wanted for the 2013 bloody MNLF forays in Zamboanga City while Kato, now debilitated after a hypertensive stroke in 2011, is facing dozens of criminal cases in connection with the BIFF’s violent incursions in several towns in the second district of Maguindanao in the past three years.

“I have already talked to (Justice) Secretary (Leila) de Lima for the filing of motion for the suspension of warrants for at least three days,” Rodriguez said, referring to the warrants for the arrest of Misuari and Kato.

He said the presence of Misuari and Kato in the congressional hearings would greatly help the panel in fine-tuning the proposed law.

He said Misuari specifically could help make the BBL compatible with government-MNLF 1996 peace accord brokered by the OIC.

Rodriguez also said that they would ask Defense Secretary Voltaire Gazmin to issue safe conduct passes to the two rebel leaders for their travel to and from Manila.

http://www.philstar.com/nation/2014/09/16/1369728/fugitive-misuari-wont-attend-hearings-bangsamoro-law

Palace reminds Congress: Nur, Umbra Kato not only sources of Bangsamoro inputs

From GMA News (Sep 16): Palace reminds Congress: Nur, Umbra Kato not only sources of Bangsamoro inputs

Malacañang reminded on Tuesday both the Senate and the House of Representatives that fugitives Nur Misuari and Ameril Umbra Kato are not the only sources of inputs for the Bangsamoro bill.

 

At a press briefing, deputy presidential spokesperson Abigail Valte said there is a "wealth of other stakeholders" who can give their views on the proposed law.

 

"At least to our mind, there are many other stakeholders that will come forward to discuss the merits of the draft that has been submitted," Valte said when asked if the Palace finds it necessary to invite Misuari and Umbra Kato to congressional hearings on the Bangsamoro bill.

 

Earlier, Cagayan de Oro Rep. Rufus Rodriguez, chairman of the House ad hoc committee on the Bangsamoro Basic Law, said his panel will ask the Department of Justice to suspend Misuari's and Umbra Kato's arrest warrants for three days to enable them to join hearings on the measure.

Last week, Senator Ferdinand "Bongbong" Marcos, chairman of the Senate local government committee which will deliberate on the Bangsamoro bill, said that he is considering the suspension of Misuari's arrest warrant to enable the founding chairman Moro National Liberation Front to attend hearings on the measure.

 

Misuari is facing rebellion charges for his alleged involvoment in Zamboanga City siege last year, which left nearly 200 people killed. 

 

On the other hand, Umbra Kato is wanted over charges of murder and arson in connection with the 2008 attacks he led against military and civilian targets in Central Mindanao. He is the leader of the Bangsamoro Islamic Freedom Fighters (BIFF), a breakaway group of the Moro Islamic Liberation Front (MILF). 

 

Up to courts

 

At the same press briefing, Valte reminded Congress members that suspensions of arrest warrants are up to the courts.

 

"A motion to hold in abeyance the validity or the life of a warrant of arrest is a question that is subject to a court's judgment. Hindi po kami ang may desisyon kung dapat isuspend o hindi," the Palace official said.

 

"While implementation is with the executive, hindi po namin pwede labagin kung ano ang nakalagay sa warrant. The only entity that can put a hold on its effectivity is the court," she added.

 

Last Wednesday, President Benigno Aquino III personally turned over the draft Bangsamoro Basic Law, which seeks to create a new political entity to replace the Autonomous Region in Muslim Mindanao (ARMM).

 

The proposed law will embody the comprehensive peace deal signed by the Philippine goverment and the MILF last March, which seeks to end the decades-old conflict in Mindanao. 

 

http://www.gmanetwork.com/news/story/379396/news/nation/palace-reminds-congress-nur-umbra-kato-not-only-sources-of-bangsamoro-inputs

4-year-old girl wounded, 37 families evacuated as MILF, MNLF troops clash in North Cotabato

From the Philippine News Agency (Sep 16): 4-year-old girl wounded, 37 families evacuated as MILF, MNLF troops clash in North Cotabato

A 4-year-old girl was wounded while 37 families were evacuated as troops of the Moro Islamic Liberation Front (MILF) and Moro National Liberation Front clashed in Sitio Ladao, Barangay Pedtad, Kabacan town, North Cotabato Monday night.

The incident took place around 11:45 p.m., said 6th Infantry Division public affairs office chief Major Dante Gania.

He identified the MILF factions as the 108th Base Command under Cmdr. Nayang Timan and National Guard Command headed by a certain Cmdr. Gafur.

Gania said the firefight between the MILF forces and MNLF fighters under the command of Cmdr. Mantawil, lasted for 10 minutes.

Wounded in the clash was Aniza Hassan, 4, while 37 families were evacuated at the Pedtad Elementary School.

Gania said the 6th Infantry Division is still closely monitoring the situation.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=684728

Nur open to attend BBL hearings; House no longer wants him

From the Daily Tribune (Sep 17): Nur open to attend BBL hearings; House no longer wants him

The Moro National Liberation Front (MNLF) is open to the invitation of the Senate for Chairman Nur Misuari to attend the hearing on the proposed Bangsamoro Basic Law (BBL) but only with the participation of the powerful Organization of Islamic Conference (OIC).

However, the ad hoc committee on Bangsamoro has junked plans to invite MNLF chieftain Nur Misuari and the leader of the Bangsamoro Islamic Freedom Fighters, pending consultations with National Security Council and other government agencies.

Malacañang claims it is hands off on the suspension for Misuari’s arrest warrant, saying that the warrant is subject to court proceedings, echoing the Palace line.

Lawyer Emmanuel Fontanilla, spokesman of the MNLF, stressed that the MNLF does not recognize the Philippine government after declaring independence in August 2013.

But Fontanilla maintained that Misuari is open to the proposal of Sen. Ferdinand “Bongbong” Marcos Jr. on two conditions.

“We are willing to talk on two conditions. We have declared independence, we don’t recognize the government jurisdiction and all talks will have to done with the participation of OIC,” Fontanilla told The Tribune.

Marcos, chairman of the Senate committee on local government which will be holding hearings on the proposed BBL, has expressed interest in inviting Misuari to get his insights over the agreement.

The senator noted last year’s conflict that erupted in Zamboanga City was perpetrated by Misuari’s supporters in protest of the Framework Agreement on the Bangsamoro (FAB) signed by the government of the Philippines (GRP) and the Moro Islamic Liberation Front (MILF).

Marcos even expressed openness for the suspension of the warrant of arrest issued against Misuari in connection with the Zamboanga City siege that killed more than 200 MNLF fighters and troops and displaced more than 100,000 civilians.

“The proposal of Senator Marcos is the right move,” said Fontanilla.
The MNLF faction of Misuari has declared independence from the Philippine government and established Bangsamoro Republik.

Government lawyers said they see no reason to suspend outstanding arrest warrants against Nur Misuari and Umbra Kato to allow them to join public hearings on the draft Bangsamoro Basic Law (BBL).

Secretary Leila de Lima said that while the DoJ would study the proposal of the congressional panel tasked to scrutinize the proposed law and led by Cagayan de Oro Rep. Rufus Rodriguez, she was uncertain if it will “legally defensible.”

“I don’t know if we already have a precedent on suspension of warrant of arrest. It’s not a simple issue,” she told reporters.

Misuari and Umbra Kato are facing  various cases.

De Lima said the decision would ultimately lie with the trial courts where criminal indictments against Misuari remain pending.

“Even if, let’s say, we move for the suspension of the warrants of arrest, we would not know if the courts will approve it,” she stressed.

The DoJ chief even suggested that the purpose of getting the side of the MNLF in the review of the draft BBL could be achieved even without the presence of Misuari and Kato.

“There could be other ways for the House committee to get the side of MNLF. Does Nur Misuari really have to appear? Would a representative who will articulate the position of MNLF not suffice?” she asked.

De Lima said she already discussed the matter with Rep. Rodriguez during a recent event at the Palace where she asked the lawmaker for a formal request from the House committee “so that we could act accordingly,” but clarified that  the DoJ has not given its commitment to the proposal.

Rodriguez has said the presence of Misuari and Kato in the congressional hearings would help the panel.

He said Misuari specifically could help make the BBL compatible with the 1996 peace accord brokered by the OIC.

Rodriguez also said that they would ask Defense Secretary Voltaire Gazmin to issue safe conduct passes to the two rebel leaders for their travel to and from Manila.

He said they have already invited Misuari and Kato and details are being finalized for their attendance in the congressional hearing.Rodriguez said Congress would hold a series of public consultations in Mindanao and Sulu to get the pulse of the people in the affected areas.

According to  Basilan Rep. Jim Hataman-Salliman, a vice chairman of the ad hoc panel, the plan to invite Nur Misuari and Umbra Kato has been put on hold. The move to invite them was proposed by Misamis Occidental Rep. Henry Oaminal.

Zamboanga City Rep. Celso Lobregat also opposed the plan even as he noted that both Misuari and Kato were allegedly responsible for the series of violent incidents in Mindanao.

Before aborting its invitation to Misuari and Kato, Lobregat warned that he would stage a walkout should the ad hoc panel decide to vote on Oaminal motion.

Hataman-Salliman, who chairs the House special committee on peace, reconciliation and unity, said they agreed to invite officials from the Office of the Presidential Adviser on the Peace Process (OPAPP), Bangsamoro Transition Commission, DND and among others for the Sept. 24 hearing.

Rodriguez said his panel will conduct marathon hearings in Congress and Mindanao provinces to consult all stakeholders for Congress to ratify the bill by Dec. 17, 2014 and set the plebiscite on March 30, 2015.

Rodriguez said he is eyeing to visit the provinces of Autonomous Region in Muslim Mindanao (ARMM) to conduct hearings in Basilan, Sulu, Maguindanao, and North Cotabato where 49 barangays were included for plebiscite.

The Palace cleared on Tuesday that suspension of the arrest warrant for Misuari and Umbra Kato  is subject to court proceeding following motions to suspend the warrant for the rebel leader to join the peace talks hounding the draft of the BBL.

In a press briefing, Deputy Presidential Spokesperson Abigail Valte said it is within the powers of the court to determine the life of an arrest warrant, which means the executive is hands off on the issue.

“That will require a suspension of the issuance or  a motion to hold the validity or the life of a warrant of arrest will have is a question subject to the court’s judgment. We are not to decide on whether it should be suspended or not,” Valte said.

Valte said the Palace cannot violate the warrant even if the execution of the warrant is within the scope of the executive branch, saying it’s solely the court’s decision on whether it’s suspension is plausible.

She added it is important to determine if there is really merit to getting input from Misuari, given that there are many others in the line that can give a clearer view and suggestions for the betterment of the BBL draft.

The MNLF faction under Misuari spearheaded the deadly Zamboanga City siege September last year, resulting to the loss of about 200 casualties, mostly in the ranks of armed militants. The Misuari-led faction has openly opposed the peace agreement between the national government and the MILF.

http://www.tribune.net.ph/headlines/nur-open-to-attend-bbl-hearings-house-no-longer-wants-him

SC junks petition for writ of Kalikasan on grounding of U.S. ship in Tubbataha reefs

From the Philippine News Agency (Sep 16): SC junks petition for writ of Kalikasan on grounding of U.S. ship in Tubbataha reefs

The Supreme Court (SC) dismissed on Tuesday the petition for writ of kalikasan filed in connection with the grounding of a United States naval ship that damaged the Tubbataha reefs in Palawan on Jan. 17, 2013.

”The Court, voting 13-0-2, in a Decision written by the Hon. Associate Justice Martin S. Villarama Jr., DENIED the petition for the issuance of the privilege of the writ of Kalikasan sought by the petitioners,” SC Public Information Office (PIO) Chief and Spokesman Atty. Theodore O. Te said in a press conference.

Associate Justice Jose Catral Mendoza was on sick leave while Associate Justice Francis H. Jardeleza inhibited from the voting because he was the Solicitor General when the case was filed before the SC.

The petitioners were Most Rev. Pedro Arigo, et al. and the respondents were Scott Swift, et al.

The petitioners claimed that the grounding, salvaging and post-salvaging operations of the USS Guardian caused and continue to cause environmental damage of such magnitude as to affect the provinces of Palawan, Antique, Aklan, Guimaras, Iloilo, Negros Occidental, Negros Oriental, Zamboanga del Norte, Basilan, Sulu and Tawi-Tawi, which violate their constitutional rights to a balanced and healthful ecology.

They also sought a directive from the SC for the institution of civil, administrative and criminal suits for acts committed in violation of environmental laws and regulations in connection with the grounding incident.

After upholding the standing of petitioners to sue, the SC addressed the question of its jurisdiction over the US respondents who did not submit any pleading or manifestation in this case.

The US respondents were sued in their official capacity as commanding officers of the US Navy who have control and supervision over the USS Guardian and its crew.

The SC found that since the satisfaction of any judgement against these officials would require remedial actions and the appropriation of funds by the US government, the suit is deemed to be one against the US itself.

”The Court ruled that the principle of State Immunity from suit bars the exercise of jurisdiction by this Court over the persons of Swift, Rice and Robling, all of whom are officers of the US Navy,” the SC said.

It also discussed and agreed with the position taken by Senior Associate Justice Antonio T. Carpio, during its deliberations, that “the conduct of the US, in this case, when its warship had entered a restricted area in violation of R.A. 10067 and caused damage to the TRNP reef system, brings the matter within the ambit of Article 31 of the United Nations Convention on the Law of the Sea (UNCLOS).”

The SC discussed extensively the nature of the UNCLOS and the legal implications of the US non-ratification of the UNCLOS.

It agreed with Carpio’s point that the US refusal to join the UNCLOS centered on its disagreement with the UNCLOS regime of deep seabed mining in Part XI, “which considers the seabed and oceans commonly owned by mankind but not with the US’ acceptance of customary international rules on navigation.”

"Thus, the US’ non-membership in the UNCLOS does not mean that the US will disregard the rights of the Philippines as a Coastal State over its internal waters and territorial sea," the SC said.

The SC said it expected the US to bear “international responsibility” under Article 31 in connection with the grounding of the USS Guardian which adversely affected the Tubbataha reefs.

It said the relevance of the UNCLOS provisions to the present controversy is beyond dispute and while the treaty upholds the immunity of warships from the jurisdiction of the Coastal States while navigating the latter’s territorial sea, the flag States shall be required to leave the territorial sea immediately if they flout the laws and regulations of the Coastal State and will be liable for damages caused by their warships or any other government vessel operated for non-commercial purposes under Article 31.

”The Court was not persuaded by the petitioners’ argument that there was a waiver of immunity from suit under the Visiting Forces Agreement (VFA) between the US and the Philippines as any waiver of State immunity under the VFA pertains only to criminal jurisdiction and not to special civil actions such as the present petition for the issuance of the writ of kalikasan,” the SC said.

The SC also found that a ruling on the application or non-application of criminal jurisdiction provisions of the VFA to US personnel who may be found responsible for the grounding of the USS Guardian would be premature and beyond the province of the writ of kalikasan.

It also declined to grant damages which have allegedly resulted from the violation of environmental laws because the rules on environmental protection and the writ of kalikasan expressly provide that the recovery of damages, including the collection of administrative fines under R.A. 10067, are to be made in a separate civil suit or that one deemed instituted with any criminal action.

On the matter of the compensation and rehabilitation measures through diplomatic channels, the SC deferred it to the Executive Branch.

It noted that the conduct of foreign relations of the government is committed by the Constitution to the political departments of the government and the propriety of what may be done in the exercise of this political power is not subject to judicial inquiry or decision.

The SC also declined to review the VFA and to nullify certain portions thereof.

It cited that the writ of kalikasan is not the proper remedy to assail the constitutionality of the VFA and its provisions.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=684774

Philippine maritime piracy up by a fourth, Coast Guard says

From the Business World (Sep 15): Philippine maritime piracy up by a fourth, Coast Guard says

 PIRACY and armed robberies against ships and their crew in Philippine waters have risen by more than a fourth in 2013, data from the Philippine Coast Guard (PCG) said.

Though relatively low, the incidents of maritime piracy has increased by 27% to 14 from 11 the previous year. Four incidents have been reported this year with one person killed, the PCG said.

“In the Philippines, there are no significant attacks against large vessels, except for petty thieves on board foreign vessels at the anchorage areas perpetrated by plain thieves although vessels under three gross tons, particularly those engaged in fishing and interisland trade in Southern Philippines, have been the perennial victims of extortion and piracy,” the PCG said, in a letter replying to a query from BusinessWorld.

Of the 67 cases of maritime piracy recorded across the country from 2009 to 2014, 13 persons died, 57 sea vessels were robbed, and 10 were seajacked.

Of the 14 vessels victimized by pirates in 2013, foreign vessels were the highest at six, followed by vessels weighing less than three gross tons which numbered four.

“The incidents are simple hit-and-run robberies wherein the attack on a ship by criminal maritime muggers normally armed with knives is mounted close to land by small craft,” the PCG said.

In 2013, five sea piracy incidents were reported at the Manila South Harbor while there was one in the Manila North Harbor.

Piracy incidents worldwide rose by 86.2% from 2006 to 2010, with the number of successful and attempted attacks moving up from 239 in 2006 to 445 in 2010, the United Nations Conference on Trade and Development said in its Maritime Piracy Report published on its Web site in August.

It added that between 2005 and 2012, 61 seafarers were killed as result of piracy incidents, with 5,420 held hostage on some 279 ships seajacked worldwide.

http://www.bworldonline.com/content.php?section=Nation&title=philippine-maritime-piracy-up-by-a-fourth,-coast-guard-says&id=94542

Military to play lead role in forced evacuation in Mt. Mayon environs --SolCom chief

From the Philippine News Agency (Sep 16): Military to play lead role in forced evacuation in Mt. Mayon environs --SolCom chief

The chief of the Southern Luzon Command (SolCOM)) announced on Tuesday that military units in Albay will be playing a key role in the forced evacuation to be implemented in the environs of Mt. Mayon after the Philippine Institute of Volcanology and Seismology (Phivolcs) raised the volcano's alert status to Level 3 Monday night.

"Forced evacuation will start in 60 barangays within the five to eight kilometers danger zone," Major Gen. Ricardo Visayas said.

An estimated 10,000 families are expected to be moved out Tuesday night, he added.

Visaya said the 9th Infantry Division's 901st Infantry Brigade is the unit spearheading the activity.

Col. Raul Fornacio is the 901st Infantry Brigade commander.

An initial 50 trucks are being prepared for this effort.

"So far, there is no recorded opposition to the plan. Likewise, two UH-1H helicopters departed at HTOG5, Legazpi City to conduct aerial survey within the vicinity of Mount Mayon," Visaya said.

In raising the volcano's alert status to Level 3 at 10 p.m. Monday, Phivolcs said:

“It is recommended that the six-kilometer radius Permanent Danger Zone (PDZ) around the volcano and the 7-km Extended Danger Zone (EDZ) on the southeastern flank be enforced due to the danger of rock falls, landslides and sudden explosions or dome collapse that may generate hazardous volcanic flows."

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=684692

Explosion hits warehouse in Basilan

From ABS-CBN (Sep 17): Explosion hits warehouse in Basilan

An explosion hit a warehouse in Basilan province in Mindanao on Tuesday night, just hours after an improvised explosive device (IED) injured 8 people in General Santos City.

Four people on board a motorcycle threw a fragmentation grenade at a warehouse on Rizal St., Lamitan City, Basilan province.

No one was injured in the blast as there was no one in the warehouse at the time of the explosion.

Manhunt operations against the suspects were ongoing, as of posting.

Authorities are investigating whether the incident is related to the business of the warehouse's owner, identified only as Boy Yumul.

http://www.abs-cbnnews.com/nation/regions/09/16/14/explosion-hits-warehouse-basilan

President Aquino to highlight West Philippine Sea issue during U.S. visit

From the Philippine News Agency (Sep 16): President Aquino to highlight West Philippine Sea issue during U.S. visit

President Benigno S. Aquino III will advance the country's interest in the West Philippine Sea (South China Sea) when he meets with global leaders and organizations while in the United States on September 20 to 24, a foreign affairs official said during a press briefing at the Palace on Tuesday.

Asked if the President will talk about the West Philippine Sea at the World Leaders Forum in Columbia University, Foreign Affairs Assistant Secretary Maria Andrelita Austria said, "That is one of the advocacies that he will be carrying in all his meetings, basically, to say why it is important for the world community to support our endeavor in ensuring that the rule of law is carried specifically in the West Philippine Sea."

The Philippines is one of several countries laying claim to the West Philippine Sea, an area believed to be rich in mineral and fishery resources and which serves as a major sea lane for global trade and commerce.

The country has filed an arbitration case at the International Arbitral Tribunal, asking China to clarify its claims on the West Philippine Sea.

Asked about the possibility of a meeting between President Aquino and US President Barack Obama, as well as other leaders, Austria said no such meeting has been arranged but it is possible that they meet at the corridors of the United Nations Headquarters.

The practice in the UN is that leaders come and deliver their remarks, she said.

"As of now, there are no arranged meetings. But, of course, there’s always the possibility of chance meetings when they meet each other in the corridors of the UN," Austria said.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=684854

BRP Ramon Alcaraz now in Indonesia for 3-day visit

From the Philippine News Agency (Sep 16): BRP Ramon Alcaraz now in Indonesia for 3-day visit

Fresh from its participation in the "Kakadu 2014" in Australia, BRP Ramon Alcaraz (PF-16), the country's most modern warship, is now at the Surabaya Naval Base in Indonesia for a three-day port visit which is designed to promote naval diplomacy, camaraderie and foster goodwill with the Indonesian Navy.

The ship left Darwin, Australia at the conclusion of the above-mentioned exercise last Sept. 12.

In this regard, Fleet-Marine Ready Force chief Commodore Jorge F. Amba, Sealift and Amphibious Force head Capt. Narciso Vingson, Naval Task Force 80 chief Capt. Albert A. Mogol, and BRP Ramon Alcaraz commanding officer Capt. Ernesto O. Baldovino rendered courtesy calls on Indonesian military heads, Surabaya City mayor and the head of the Filipino community in the locality.

Likewise, the group will pay a visit to PT PAL Shipyard where one of the Philippine Navy's strategic sealift vessels is being built.

The PN will also be hosting a dinner reception for the Indonesian counterparts and Filipino community on board BRP Ramon Alcaraz.

The ship will be open for tour during its stay in Indonesia.

Earlier this year, Alcaraz’s sister ship BRP Gregorio Del Pilar (PF-15) was also sent to Batam, Indonesia to participate in the Multilateral Naval Exercise codenamed “Komodo.”

Three months after that, an Indonesian warship KRI Banjarmasin arrived in Manila for a port visit which included activities such as goodwill games, ship tour and subject matter expertise exchanges.

These frequent interactions between the navies of the two countries manifest their commitment in enhancing ties and friendship in order to promote peace, security and partnership to advance their common interests.

Just recently, the Philippines and Indonesia forged an agreement concerning the delimitation of their exclusive economic zone boundary which provides for enhanced cooperation between the two navies, especially in the conduct of border patrol operations and information sharing to address common maritime concerns.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=684895

Navy terminates SAR ops for missing Maharlika-2 passengers

From the Philippine News Agency (Sep 16): Navy terminates SAR ops for missing Maharlika-2 passengers

The Philippine Navy (PN) on Tuesday announced it is terminating the search-and-retrieval (SAR) operations for the passengers of M/V Maharlika-2 which went missing when the ship sank Saturday (Sept. 13) during rough weather off Southern Leyte.

"The three ships that the PN have committed since Day 1 for the SAR operations in connection with the M/V Maharlika-2 sea mishap, BRP Alberto Navarette (PG-394), BRP Rafael Pargas (PG-379), and the Navy fastcraft vessel, DF-350, still conducted SAR operations in the incident today. However, no body was recovered. ICS (incident command system) Surigao briefing just concluded, search-and-recovery operations was terminated," said PN public affairs office chief Lt. Cmdr. Marineth Domingo.

Navy and civilian ships have rescued 110 passengers and crewmen from the ill-fated ship.

"ICS is now shifting to monitoring and dissemination to all coastal barangays and municipalities, Philippine Coast Guard will issue Notice to Mariners," she added.

Domingo added two of the reported missing were included and validated by the ICS leaving a total of three missing individuals.

"The Navy will be on stand-by and alert on any eventualities," she added.

On Monday, five cadavers were recovered while another three were retrieved Sunday, bringing to a total of eight the bodies fished out of the high seas.

Five of these were identified as Ramon Molato, Nelson Custodio, Betty Bahi, Arlita Puyales and Tiffany Saberon, the two year old infant.

PCG spokesman Cmdr. Armand Balilo earlier said the bodies were turned over to the Lipata police station.

M/V Maharlika-2, a roll-on/roll-off vessel, sank in the waters of Southern Leyte last Saturday when it encountered steering problems after being battered by heavy waves triggered by Typhoon "Luis".

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=684939

1 killed in Cagayan de Oro grenade blast; explosion rocks Basilan warehouse

From GMA News (Sep 17): 1 killed in Cagayan de Oro grenade blast; explosion rocks Basilan warehouse

One person was killed in a grenade explosion in Cagayan de Oro City, while an explosion rocked a warehouse in Basilan in separate incidents Tuesday night.

In Cagayan de Oro City, the explosion occurred at the westbound terminal, according to a report on GMA News TV's "State of the Nation" at 7 p.m.

[Video report: 8 sugutan sa pagsabog sa tapat ng munisipyo sa General Santos City]

A separate report on dzBB radio cited initial information showing the fatality was about to be arrested by police near his house when a grenade explosion occurred.

Three policemen who were to arrest the fatality were injured.

Meanwhile, in Basilan, an explosion hit a warehouse in Lamitan City, radio dzBB reported.

Autonomous Region in Muslim Mindanao regional police head Chief Superintendent Noel delos Reyes said the incident occurred about 9:07 p.m., radio dzBB reported.

Delos Reyes cited initial information showing a fragmentation grenade was used in the Basilan explosion, though no one was injured.

Also on Tuesday night, eight people were injured in an explosion in front of the General Santos City Hall.

http://www.gmanetwork.com/news/story/379531/news/regions/1-killed-in-cagayan-de-oro-grenade-blast-explosion-rocks-basilan-warehouse

Philippine Base for US Ships Draws Mixed Reactions Amid China Tensions

From Voice of America (Sep 15): Philippine Base for US Ships Draws Mixed Reactions Amid China Tensions



Fishermen sail past the Ulugan and Oyster Bay navy bases into waters of the South China Sea, Sept. 15, 2014. (Jason Strother/VOA)

 

PALAWAN, PHILIPPINES—The Philippines and China are locked in a territorial dispute in the South China Sea. In recent years, Beijing has sent forces to occupy reefs claimed by Manila and boats from both countries have engaged in stand offs in those waters. The island of Palawan in the west Philippines is at the forefront of these tensions. Now, Manila is considering allowing the United States to base some of its own forces there.

As boats from the small fishing village of Macarascas head out into the waters of the South China Sea, off Palawan’s west coast, they pass by the Philippines’ Ulugan Bay navy base.

Village council leader Jane Villarin said she worries about the tensions between her country and China in what is known here as the West Philippines Sea. And for that reason, she does not mind having the base so close by.

“It’s protection for us. We live here in the West Philippines Sea, so that’s our fear. That’s why the naval, the Philippines navy is welcomed here because of that,” said Villarin.

Villarin added that she would welcome the American navy too.

Following the April summit between President Barack Obama and Philippines leader Benigno Aquino, that could become reality.

“Today I’m pleased that we are beginning an important new chapter in the relationship between our two countries and its starts with our security with the new defense cooperation agreement that was signed today,” said Obama during that trip.

The Enhanced Defense Cooperation Agreement, or EDCA, opens the door for American forces to rotate through existing Filipino military bases. That includes facilities at Oyster Bay, which is located within Palawan’s Ulugan Bay base.

Oyster Bay is located 160 kilometers from the disputed Spratly islands in the South China Sea. Manila says the Chinese military is building outposts on Filipino reefs in these waters and harasses its naval forces.

Lieutenant Colonel Ramon Zagala, chief public affairs officer for the Armed Forces of the Philippines, said the presently undeveloped Oyster Bay base is a promising site for American and Filipino forces to work together as outlined in the new defense pact.

“The very purpose of that base is to enhance our defense capabilities westward to the West Philippines Sea. Oyster Bay is one of those that we want to offer to the United States so we can develop it,” said Zagala.

Zagala added that if Washington accepts the offer, Oyster Bay would still be a Philippines’ military base and not an American one.

He said the development of the Ulugan or Oyster Bay facilities with U.S. help is not meant to provoke China.

“I think it is our right and it the duty of the Armed Forces of the Philippines to protect our interests. They should not see the development of Ulugan bay as a threat.  We are merely protecting our interests and our sovereignty,” said Zagala.

In May, Chinese President Xi Jingping warned Southeast Asian countries not to form military alliances aimed at a third party. That has been read throughout the region as a message not to try to stop China’s advances into the South China Sea, especially with American help.  

Some observers say the EDCA only agitates Beijing further.

Political analyst Richard Heydarian at Ateneo de Manila University said that after the Philippines lost the Scarborough Shoal to Chinese forces in 2012, the Aquino administration rushed to get the U.S. involved in the territorial dispute. He thinks the EDCA might have been left intentionally vague to persuade Washington to sign on now.

“There are multiple dimensions to the EDCA that show the Philippines negotiated with a weaker hand,” said Heydarian.

He said that includes what the U.S. role will actually be if Filipino and Chinese forces exchange fire, how any joint American and Filipino bases, like Oyster Bay, would be funded in the long term, and what environmental safeguards will be followed in developing such facilities.

Environmental protection is a top concern on Palawan, much of which is a designated conservation zone. Oyster Bay itself is home to a mangrove forest and a variety of wildlife, say advocates.

It is over these concerns that the Puerto Princesa city government opposes the expansion of the Ulugan and Oyster Bay bases.

Elizabeth Maclang, a national park superintendent for Puerto Princesa, said development would have a detrimental impact on local communities.   

“If you cut the mangroves, it will greatly affect their livelihoods. In the event of human error, it will greatly affect all the resources that come from Ulugan Bay, it’s a fish spawning area also,” said Maclang.

But, Maclang said, if the Philippines armed forces decide that base development is a part of national security, there is little the local government can do to stop it.

Villarin, from the Macarascas community council, said she is also concerned about potential environmental damage. But she explained that for the people in this poor village, or barangay, the naval base expansion could bring in more jobs.

“It’s a sign of development in our barangay. Maybe more business to come, progress in our barangay,” said Villarin.

The development could still be halted. Opponents of the new U.S.-Philippines defense agreement have filed petitions in the Philippines’ Supreme Court. If the pact is ruled unconstitutional, then Oyster Bay might remain as it is.  

http://www.voanews.com/content/philippine-base-us-ships-draws-mixed-reactions-amid-china-tensions/2449899.html

Philippines, EU show common stance on China

From Rappler (Sep 16): Philippines, EU show common stance on China

The EU supports the Philippines’ bid for the resolution of its South China Sea dispute under UNCLOS, even as China rejects the 'internationalization' of the maritime row

UPHOLDING UNCLOS. European Commission President Jose Manuel Barroso (right) greets Philippine President Benigno Aquino III (left) at the European Commission in Brussels on September 15, 2014. Photo by Emmanuel Dunand/AFP

Portraying a common stance likely to agitate China, the Philippines and the European Union (EU) both upheld a key United Nations treaty that China allegedly violates in the West Philippine Sea (South China Sea).

Philippine President Benigno Aquino III told European Commission President José Manuel Barroso on Monday, September 15, that the Philippines “remains committed to advancing a peaceful, rules-based resolution to the disputes in the South China Sea.”

“Like the European Union, we believe that the only viable and effective solution is one that is based on international law – and in particular, under the United Nations Convention on the Law of the Sea or UNCLOS," Aquino said in a statement at his joint press conference with Barroso at the European Commission headquarters in Brussels, Belgium, after their bilateral meeting.

Aquino added: "This is the basis for the arbitral proceedings we initiated last year. We also continue to work with ASEAN and with China towards the early conclusion of a legally binding Code of Conduct in the South China Sea."

For his part, Barroso said at the news conference, “Let me stress that the European Union encourages all parties to seek peaceful solutions, through dialogue and cooperation, in accordance with international law – in particular with the UN Convention on the Law of the Sea.”

He added that the EU “is proud to be a party” of the Treaty of Amity and Cooperation, which aims “to settle differences by peaceful means, to renounce the threat or use of force, and to effectively cooperate among partners.”

Aquino is visiting Europe for 8 days, at a cost of P31.9 million, to boost trade and to seek support for the Philippines' dispute with China over the West Philippine Sea.

'Europe supports us'

“Europe supports us in terms of peaceful resolution of China conflict within framework of international law including arbitration,” Philippine Foreign Assistant Secretary Zenaida Collinson earlier said. “We expect these countries to uphold their positions and take into cognizance recent developments.”

China, however, has frowned upon the “internationalization” of the South China Sea dispute.

Instead, it insists on bilateral or one-on-one talks with the parties involved in the dispute, instead of a multilateral or third-party approach.

International bodies like the EU have not explicitly taken sides on the South China Sea dispute, but have stressed the need to adhere to the UNCLOS.

The Philippines argues that China's 9-dash line, the demarcation it uses to claim virtually the entire South China Sea, violates the UNCLOS or the so-called Constitution for the Oceans. (READ: Grand theft of the global commons)

To resolve this dispute, the Southeast Asian country has filed an arbitration case against China, which the Asian giant has consistently rejected.

http://www.rappler.com/nation/69293-philippines-aquino-eu-barroso-unclos

SC: Up to Aquino to broker Tubbataha compensation with US

From Rappler (Sep 16): SC: Up to Aquino to broker Tubbataha compensation with US

The High Court does not imply, however, that the President should bring the matter to the United Nations for arbitration



BEFORE AND AFTER. The USS Guardian turned 90 degrees in 4 days dragged by the strong currents and winds of the Sulu Sea. Graphic by Bardo Wu from photos courtesy of AFP WESCOM

Unless President Benigno Aquino III seeks damages from the United States (US) over the destruction caused by its military vessel to parts of a protected marine reserve, an apology is all the Philippines will ever get.

This was indicated in the decision that the Supreme Court (SC) made on Tuesday, September 16, which deferred to Aquino the matter of seeking compensation for damages over a United States (US) Navy ship that run aground in the Tubbataha Reef in January 2013.

In its en banc session the SC junked a petition for a writ of kalikasan (nature) on the matter. The decision was penned by Associate Justice Martin Villarama Jr.

A writ of kalikasan is a court order sought as a legal remedy under the Philippine justice system. It enables protection against and response to critical environmental damage that threatens life, health, or property of inhabitants in two or more cities or provinces.

The SC said damages provided by the writ "are to be made in a separate civil suit" or "with any criminal action," which it likewise refused to order, saying it has no jurisdiction over the matter.

Voting 13-0-2, the High Court denied a plea seeking for a court directive to file civil, administrative, and criminal suits for acts committed by US Navy officers during the grounding incident.

Aquino may, however, seek damages from the US through diplomatic means. This, the SC said, is no longer "subject to judicial inquiry or decision."

"On the matter of the compensation and rehabilitation measures through diplomatic channels, the Court deferred to the Executive Branch noting that the conduct of foreign relations of the government is committed by the Constitution to the political departments of the government," a media brief from the SC Public Information Office read.

On the heels of the US Navy mishap, the Philippine government declared it will be seeking damages over the incident.

The now-denied petition was filed by environmental activists and militant groups led by Palawan Bishop Pedro Arigo.

The Tubbataha Reef Natural Park is a protected marine reserve and a World Heritage site located in Palawan province.

It was an Avenger-class mine countermeasures ship called the USS Guardian that ran aground near the Tubbataha Reef on January 17, 2013, a statement from the US Pacific Fleet revealed at the time.

No jurisdiction over case

The question of which entity has jurisdiction over the case was likewise discussed by the SC magistrates.

During deliberations, the justices agreed with Senior Associate Justice Antonio Carpio that "the the matter [is] within the ambit of Article 31 of the United Nations Convention on the Law of the Sea (UNCLOS)."

The UNCLOS is an international agreement that deals with issues relating to the law of the sea.

Provisions of the UNCLOS under Article 31 that impose liability for damages caused by warships or other foreign vessels that operated for non-commercial purposes and flouted laws and regulations of a state having jurisdiction over the coastal territory is "beyond dispute," the SC said.

But the SC said it expects the US "to bear international responsibility" as outlined under the UNCLOS.

Asked whether the SC decision also meant it would be up to the President to bring the matter for UN arbitration, SC spokesman Theodore Te said there is "no such implication."

While the SC found the petitioners to have legal standing to sue, it ruled that the suit against 3 US Navy officers was in effect a suit against the US. The Navy officers were sued in their official capacity, having controlled and supervised the USS Guardian.

The SC ruled that it cannot excercise jurisdiction over the case, given a legal principle that immunes states from suit.

"The Court ruled that the principle of State Immunity from suit bars the exercise of jurisdiction by this Court over the persons of (Scott) Swift, (Mark) Rice and (Terry) Robling, all of whom are officers of the US Navy," Te explained.

The SC likewise ruled that the military pact known as the Visiting Forces Agremeent (VFA) between the US and the Philippines is not tantamount to a waiver of the said immunity, contrary to petitioners' claim.

Given this, the SC denied petitioners' plea to review the VFA and nullify certain portions of the agreement.

Non-ratification not an issue

Te said the SC justices extensively discussed the implications of US' non-ratification of the UNCLOS, which they later on agreed as having little bearing on the January 2013 mishap.

The justices agreed with Carpio's point that the US' refusal to join the UNCLOS was based on its contention against provisions upholding mankind's common ownership of the seabed and oceans.

"Thus, the US’ non-membership in the UNCLOS does not mean that the US will disregard the rights of the Philippines as a coastal state over its internal waters and territorial sea," Te said.

http://www.rappler.com/nation/69267-sc-damages-tubbataha-grounding-aquino