Wednesday, April 8, 2015

House panel urged to study possible revival of peace talks with NDFP

From the Philippine News Agency (Apr 8): House panel urged to study possible revival of peace talks with NDFP

The House Special Committee on Peace, Reconciliation and Unity was asked to study the possible revival of the peace talks between the government and the Communist Party of the Philippines’ political arm, the National Democratic Front of the Philippines (NDFP).

In House Resolution 1927, Rep. Rufus B. Rodriguez (2nd District, Cagayan de Oro City), who chairs the Ad Hoc Committee on the Bangsa Moro Basic Law, said there have been reports that the on-and-off peace talks between the government and the NDFP may start again.

Although Presidential Adviser on the Peace Process Teresita Deles said both parties were amenable to returning to the negotiating table to end more than four decades of communist insurgency, there are no formal meetings yet for a possible resumption of the peace talks, according to Rodriguez.

Rodriguez said the government and the NDFP have been holding peace talks for the past 27 years to end the Maoist-inspired war waged by the New People’s Army (NPA), CPP’s armed wing, against the government, which has reportedly claimed more than 40,000 lives.

“The NDFP has been holding peace talks with the Government of the Republic of the Philippines to address the roots of the armed conflict which resulted in Ten Agreements being signed between the two parties including the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL),” Rodriguez said.

Rodriguez said the peace negotiations have been stalled since 2004 with both parties adamant in pushing for their respective preconditions before the start of the peace talks. The last breakdown of the talks occurred in February 2013, Rodriguez said.

Rep. Maximo B. Rodriguez Jr. (Party-list, ABAMIN), another author of the resolution, said there is a need to inquire on the matter to ensure that the CPP is sincere in its quest for peace.

He urged the committee, chaired by Rep. Jim Hataman-Salliman (Lone District, Basilan), to invite the Office of the Presidential Adviser on the Peace Process (OPAPP), the NDFP, the Armed Forces of the Philippines (AFP) and other agencies and entities that may shed light and resolve the issue.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=751157

Pre-Balikatan 2015 activity formally starts in Capiz

From the Philippine News Agency (Apr 8): Pre-Balikatan 2015 activity formally starts in Capiz

One of the pre-Balikatan 2015 activities, the Basic First Responders Training, formally started at the 3rd Infantry Division headquarters in Camp Peralta, Jamindan town, Capiz Tuesday.

Major Ray Tiongson, 3rd Infantry Division spokesperson, said that 105 participants took part in the activity.

These can be broken down into 82 military personnel from the 3rd Infantry Division, 13 reservists from the 6th Regional Community Defense Group and 10 personnel from the Capiz Provincial Risk Reduction and Management Council.

He added that the course will last April 10.

A series of lectures and practical exercises on basic life support, primary medical care, rescue procedures, and mass evacuation simulation, among others, will be conducted by the United States Cooperative Health Engagement Team headed by Capt. Jennifer Brown, a medical doctor in the American Army.

One of the objectives of the training is to promote and enhance the capabilities of both the Philippines and US Armed Forces in terms of humanitarian and civic assistance during disasters and calamities.

Meanwhile, Lt. Cmdr. Catherine Eyrich, Head of the US Joint Civil-Military Operations Task Force for Balikatan Exercise in Panay said that the goal of the joint exercise is to build relationship and continue the active military-to-military partnership between the Armed Forces of the Philippines and the US Armed Forces.

Succeeding activities for Balikatan Exercise in Panay include Barangay Health Seminar to be participated by the local residents in Tapaz, Capiz, Civil-Military Operations Exchange Seminar at Camp Peralta, Jamindan, Capiz for 3rd Infantry Division personnel, and Humanitarian Assistance and Disaster Response Seminar.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=751190

Ranking NPA leader bagged in joint military, police operations in Davao City

From the Philippine News Agency (Apr 8): Ranking NPA leader bagged in joint military, police operations in Davao City

Joint operatives of the Armed Forces of the Philippines and Philippine National Police arrested a ranking New People's Army (NPA) leader during checkpoint operations in Davao City Tuesday night.

AFP public affairs office chief Lt. Col. Harold Cabunoc identified the arrested rebel leader as Vincent Estrada alias Dennis Montecillo/Bords/Brod/Oban.

Estrada is the NPA's Head of Regional Instructor’s Bureau of Regional Operational Command (ROC), Southern Mindanao Regional Committee (SMC).

He was arrested by combined operatives of the Philippine Army’s 10th Infantry Division and the Criminal Investigation and Detection Group (CIDG) 11 of the PNP at a Task Force Davao checkpoint in Barangay Sirawan, Toril, Davao City at around 9:20 p.m.

Estrada was nabbed while aboard an Isuzu Bighorn (BDV-864) with a certain Zacarias Delos Santos Mancia Jr.

He was arrested by virtue of warrant of arrest with CC#7610 for the crime of Kidnapping and Serious Illegal Detention filed before Regional Trial Court Branch 3 in Nabunturan, Compostela Valley Province.

Recovered from their possession were a caliber .45 pistol, two fragmentation grenades, one laptop, five cellphones, subversive documents and personal belongings.

Both personalities are now under the custody of CIDG 11.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=751211

10th ID commander urges remaining rebels to surrender following arrest of ranking NPA leader in Davao City

From the Philippine News Agency (Apr 8): 10th ID commander urges remaining rebels to surrender following arrest of ranking NPA leader in Davao City

With the arrest of another ranking New People's Army (NPA) leader in Davao City Tuesday night, 10th Infantry Division commander Maj. Gen. Eduardo M. Año called on the remaining rebel leaders and followers in the area to surrender so that they can enjoy peaceful and useful lives with their loved ones.

“We urge the members of the Communist Party of the Philippines-NPA who are just being deceived by their leaders to surrender and embrace a peaceful life in the mainstream society together with their families and loved ones," he said.

“Being in the lawless armed group, you can run but you cannot go into hiding forever. Eventually, the long arms of the law will catch up with you,” Año stressed.

Earlier, joint operatives of the Armed Forces of the Philippines (AFP) and Philippine National Police (PNP) arrested NPA leader Vincent Estrada, alias Dennis Montecillo/Bords/Brod/Oban, during checkpoint operations in Davao City.

The former is the NPA's Head of Regional Instructor’s Bureau of Regional Operational Command (ROC), Southern Mindanao Regional Committee (SMC).

He was arrested by combined operatives of the Philippine Army’s 10th Infantry Division and the Criminal Investigation and Detection Group (CIDG) 11 of the PNP at a Task Force Davao checkpoint in Barangay Sirawan, Toril, Davao City at around 9:20 p.m. Tuesday.

Estrada was nabbed while aboard an Isuzu Bighorn (BDV-864) with a certain Zacarias Delos Santos Mancia Jr.

He was arrested by virtue of warrant of arrest with CC#7610 for the crime of Kidnapping and Serious Illegal Detention filed before the Regional Trial Court Branch 3 in Nabunturan, Compostela Valley Province.

Recovered from their possession were a caliber .45 pistol, two fragmentation grenades, one laptop, five cellphones, subversive documents and personal belongings.

Both personalities are now under the custody of CIDG 11.

Año said Estrada's arrest is expected to create a huge vacuum in leadership of the CPP-NPA operating in Davao Region considering that the latter is a high-valued cadre which is very difficult for the communist movement to train and replace.

Since last year, five top NPA leaders operating in Davao Region were already arrested.

These are Dominiciano Muya, Felix Armodia, Jordan Donillo, Raunil N. Mortejo and Jasmin C. Badilla.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=751322

Catapang admits offended after learning that Napenas does not trust the military

From the Philippine News Agency (Apr 8): Catapang admits offended after learning that Napenas does not trust the military

Armed Forces of Philippines (AFP) chief-of-staff General Gregorio Pio Catapang on Wednesday took a swipe on sacked Special Action Force (SAF) chief Police Director Getulio Napenas for not trusting the military during the botched Mamasapano operations.

“It is only Director Napenas who don't trust the AFP,” Catapang said in front of lawmakers during the continuation of the joint inquiry of the House committee on public order and safety and the special committee on peace, reconciliation and unity.

But Catapang immediately clarified that the AFP and the Philippine National Police (PNP) remained united despite the accusation made by Napenas that soldiers were not able to give the much needed artillery assistance and reinforcements on time during the unfortunate incident last January 25 in Barangay Tukanalipao which led to the death of 44 elite police commandos.

“Mr. Chairmen, your honors, we are very close with the PNP. We are band of brothers. They [the agencies] trust each other,” Catapang pointed out.

PNP officer-in-charge Deputy Director General Leoanardo Espina also shrugged off the spreading rumors the there is a breach of trust between the two armed agencies after the Mamasapano incident.

“I have often repeated that what transpired in Mamasapano is not a reflective between the Philippine National Police and Armed Forces of the Philippines… it is not reflective of the relationship between the PNP and the AFP which remains to be very, very strong. We have no problem,” said Espina in the vernacular.

Catapang and Espina were classmates [mistah] and both members of the Philippine Military Academy (PMA) class of 1981.

Espina said that whenever they have operations in the province of Maguindanao, he always instructed his subordinates and other personnel to coordinate with military through Western Mindanao Command Chief Lieutenant General Rustico Guerrero or Catapang himself.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=751398

No US transgression of PH sovereignty – De Lima

From the Philippine News Agency (Apr 8): No US transgression of PH sovereignty – De Lima

Justice Secretary Leila de Lima on Wednesday said the limited involvement of the United States in the January 25 secret police mission to get two wanted international terrorists holed up in Mamasapano was covered by existing bilateral agreements and did not transgress Philippine sovereignty.

Appearing at the House joint probe into the Mamasapano incident, De Lima also pointed out that the U.S. participation, which was limited to intelligence sharing and medical evacuation of wounded Special Action Force commandos, was well within the bounds of the Constitution.

“The bottom line always is the ability of the Philippine government to determine the extent of U.S. involvement and the full exercise of its control in making the decisions as to what, who, when and how of a particular operation,” De Lima told lawmakers.

“So long as these considerations are met and absolute Philippine control is exercised all throughout, there can be no argument that U.S. involvement has transgressed any of the constitutional and legal boundaries on foreign participation in Philippine military and law enforcement activities under the facts so far established in any of the investigations,” she said.

De Lima said the presence of the American troops in Mindanao was covered by the Visiting Forces Agreement (VFA) and the Mutual Defense Treaty (MDT) with the U.S.

“Foreign affairs is the primary jurisdiction and core competence of the executive branch of government and therefore the President, as Chief Executive, may enter into agreements that do not need concurrence of the Senate as treaties for purposes of enhancing international cooperation in global law enforcement, specifically against terrorist threats and especially if such threats find sanctuary through the back doors of the country’s largely unguarded coastal frontiers like Mindanao,” she pointed out.

The DOJ chief also cited the 2002 Supreme Court ruling in Lim vs. Executive Secretary which, she said, “painted the allowable activities for joint military cooperation in broad strokes.”

“It states that the VFA contains no enumeration or limitation of what activities would be covered by the (agreement) and provides only the broad limitations that must be approved by the Philippine government and that they must not be inconsistent with the spirit of the agreement, which is cooperation,” De Lima said.

In the same hearing, De Lima insisted that President Benigno Aquino III is not covered by the chain of command within the Philippine National Police (PNP).

“In my reading of the Constitution and law, the principle of chain of command does not strictly apply insofar as the President is concerned,” De Lima said, noting that President’s relationship or dealings with the PNP is not as commander-in-chief but only as chief executive.

“It is in the same manner as the chief executive over all executive offices and departments. We all know that in a civilian agency or in a civilian organization, chain of command is not there,” she said.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=751375

MILF Iqbal admits using aliases, evasive to reveal his real identity

From the Philippine News Agency (Apr 8): MILF Iqbal admits using aliases, evasive to reveal his real identity

Moro Islamic Liberation Front (MILF) chief negotiator and spokesman Mohagher Iqbal on Wednesday admitted of using aliases but evasive in revealing his real name.

Instead of directly answering the question of Ang Nars Party-list Rep. Leah Paquiz, Iqbal said it is a common practice within a revolutionary organization to use aliases.

“I have so many names and that is natural in revolutionary organizations,” he told members of the House committee on Public Order and Safety joint with the committee on Peace, Unification and Unity hearing on the Mamasapano incident.

Iqbal explained that even Filipino hero Marcelo del Pilar was known to have used nine aliases during his lifetime.

He even cited fake names Del Pilar used such as "Siling Labuyo", "Dolores" and "Plaridel".

Iqbal, however, maintained he is a Filipino citizen and a Bangsamoro “by entity.”

Negros Occidental Rep. Jeffrey Ferrer then asked the MILF chief peace negotiator if he could show his passport during the hearing but Iqbal immediately declined claiming certain “sensitivities.”

“Because of security reasons, my name on the passport is known only to the government. I travel a lot -- maybe hundred times. But I’m not hiding my name on my passport,” he said.

Instead, the MILF executive said he will ask the Department of Foreign Affairs (DFA) to provide the Lower Chamber with information regarding the name indicated on his passport.

Presidential Adviser on the Peace Process Teresita Deles, for her part, affirmed that Iqbal uses a Philippine passport issued by the DFA in leaving and entering the country.

Earlier, Professor Miriam Coronel Ferrer, chair of the government peace panel, admitted Iqbal is using an alias but she declined from divulging his real name.

Davao City Rep. Karlo Alexei Nograles took issue with Iqbal’s use of pseudonyms, saying the use of pseudonyms in any public transaction or document is prohibited under Article 178 of the Revised Penal Code and the Anti-Alias Law under Commonwealth Act 142 as amended by Republic Act 6085.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=751379

Normalization process need not be in BBL, GPH legal rep says

From the Philippine News Agency (Apr 8): Normalization process need not be in BBL, GPH legal rep says

A member of the Government of the Philippines (GPH) peace panel legal team reiterated that the normalization process, part of which is the decommissioning or turnover of Moro Islamic Liberation Front’s (MILF) weapons and forces, need not be in the proposed Bangsamoro Basic Law (BBL), citing as reasons constitutional requirements, the power of the President to conduct peace negotiations, and the nature of an organic or basic law as outlined in the 1987 Constitution.

In a press briefing held on April 6, Atty. Sitti Amirah Pendatun said the normalization process is not included in the proposed BBL due to a constitutional provision that prohibits the creation of a bill that has more than one subject.

Pendatun was referring to Art. VI, Sec. 26(1) of the 1987 Constitution, which says “every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.”

“The BBL is really about the establishment of an autonomous region. It’s about the creation of a political entity which seeks to establish an inclusive system of governance for a multicultural segment of the Philippine population, and not about the MILF per se,” Pendatun explained.

“For this reason, the normalization is not a pertinent subject of the proposed BBL,” she added. “In fact, if we include two subjects, there’s a possibility that this will be challenged in court for non-compliance with the constitutional requirement.”

Pendatun also clarified that the normalization process, which will be jointly implemented with the MILF, does not need new legislation as it is within the power of the president to conduct peace talks.

“We believe that the current legal framework empowers the President to enter into and implement agreements on normalization, including decommissioning,” she said. “Thus there is no need for a new law.”

“The Supreme Court decided in a case that the President is the one in power to conduct peace negotiations. That is implicitly included in his powers as Chief Executive and as Commander-in-Chief,” Pendatun explained. The President as Chief Executive “has general responsibility to promote public peace,” and as Commander-in-Chief has the “specific duty to prevent and suppress rebellion and lawless violence."

She added that "normalization, which includes decommissioning, is a measure to promote public peace and to prevent or suppress rebellion."

Citing jurisprudence, Pendatun noted that “the President must be given leeway to explore solutions for the implementation and to end hostilities, because the President is in a singular best position to know the grievances and also know the measures to address these grievances.”

Lastly, Pendatun explained that the Constitution already provides a guideline for the content of an organic act such as the proposed BBL.

“The Constitution itself provides the guidelines for it. We have two sections: Article X, Sec. 18 and Article X, Sec. 20,” she said.

According to the Constitution, an organic act should contain the basic structure of government (executive and legislative), the creation of special courts, provisions on the conduct of a plebiscite, and the legislative powers of the proposed entity. And all of these matters are already included in the proposed BBL."

The normalization process has three main components -- security, socioeconomic development, and transitional justice and reconciliation -- which are aimed at fostering peace in conflict-affected communities in Mindanao, which will then allow individuals to fully pursue productive and sustainable livelihoods without fear of violence or crime.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=751447

(News Feature) Araw ng Kagitingan: It’s Not Just a Holiday

From the Philippine News Agency (Apr 8): (News Feature) Araw ng Kagitingan: It’s Not Just a Holiday

Tomorrow, April 9, was already marked in our calendars. It’s holiday, hooray! So, it’s hashtagWalangPasok for most Filipinos.

There’s EO 203, Series of 1987, declaring April 9 of every year as a national holiday in observance of Araw ng Kagitingan, or Day of Valor. It is a day to honor and commemorate the selfless sacrifices of our heroes – the Filipino War veterans who died serving the country.

Beyond declaring it a holiday, it is an opportunity for Filipinos to remember and honor our veterans, and show gratitude for their contributions in fighting for national security.

The government has lined up week-long activities (from April 5 to April 11). Proclamation No. 466, Series of 1989 declared April 5-11 as Philippine Veterans Week in order to level up patriotism in the country and encourage youth to realize this better.

Among this year’s activities include a Nationwide Creative Painting Contest; Nationwide Essay Writing Contest; Parada ng Kagitingan (Foot Parade); “Parangal sa mga Bayani” (Parade); Tagisan Diwang Bataan – History Quiz Bee; Photo Exhibit; Health Fair: Medical and Surgical Mission; VMMC (Veterans Memorial Medical Center) Patients Day; Oratorical Contest (for Highschool and College Levels); Bataan Legacy in Manila multimedia presentation; and Bataan Freedom Run.

We inherit some traits from our parents. “Yung pagiging maputi, matangkad, etc. maaring mamana. Pero ang pagmamahal sa bayan, sa heroism, pagmamahal di lang sa pamilya kung hindi sa bayan natin, hindi,”Philippine Veterans Affairs Office (PVAO) Public Information Officer Maria Juanita Fajardo-Rivera told PNA. She added that it is important for them since they are serving the veterans.

She said that commemorating the Day of Valor might be our strongest declaration of our appreciation to our veterans – who are all part of the history, who sacrificed for the democracy.

In fairness to today’s youth, many of them appreciate the importance of our heroes and our heritage, based on the observation of Ludivico Badoy, National Historical Commission of the Philippines (NHCP) Executive Director III in an interview with PNA.

“I think many of them appreciate the importance of our heroes,” he said, and gave as an example the growing number of visitors to the National Museum. He added, “Many are also writing about national structures, because they want it to be preserved. They want to know who we are and where we came from.”

Meanwhile, some people think that veterans (or their families) are rich because they are pensioners. Some do not realize that veterans who fought need help, too.

First, they appeal to the Congress to augment our legislative agenda. Veterans hope for an increase in their pension since they are only receiving Php 5,000 as pension since 2000. Of course, we all know that prices of commodities keep on increasing, and thus our veterans need a more adequate amount to support their needs. As of March 2015, PVAO has a total of 186,396 active pensioners.

The Veterans’ Wish List

PVAO collected and gave a summary of the veterans’ wish list. Among these include:

-- Repeal of Total Disability (TAD) pension.

PVAO says that currently, it is paying TAD benefits to just a small of World War II veterans due to inadequate funds available.

-- Rationalize benefits to widows/compulsory heirs of soldiers killed in action.

-- Rationalize disability pension rate

The amount of disability pension ranging from Php 1,000 to Php 1,700, remained the same since 1994. Veterans say that this is not enough to sustain their basic needs, and are proposing to increase the said pension from Php 1,700 to P10,000.

-- Establish additional veterans hospital in Visayas and Mindanao.

-- Reform oriented legislation.

PVAO strongly supports House Bill (HB) 5028, prescribing reasonable conditions for widows of deceased veterans and to be entitled to Old Age Pension. According to PVAO, the said bill will put a stop to “knee-jerk” marriages that are merely intended to preserve the veteran’s benefits.

Araw ng Kagitingan 2015

President Benigno Aquino III will lead the celebration on Thursday, 9:00 a.m. at Mount Samat in Bataan. He will be joined by United States Ambassador Philip Goldberg and Japanese Ambassador Kazuhide Ishikawa.

Prior to that, at 8:00 a.m, Education Secretary Bro. Armin Luistro will award the winners of the essay writing and painting contests.

This year’s theme says it all: “Ipunla ang Kagitingan sa Kabataan, Ihanda ang Beterano sa Kinabukasan”.

So while most of you will enjoy the holiday, we hope that you will also remember the importance of defenders of Bataan. Director Badoy noted that “it is because of them that we have the freedom that we are enjoying up to now.”

To the veterans, here’s to hoping that this article will help make their wish list get a leap towards reality.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=751496

President Aquino to lead 73rd Commemoration of Day of Valor

From the Philippine News Agency (Apr 8): President Aquino to lead 73rd Commemoration of Day of Valor

President Benigno S. Aquino III on Thursday will lead the 73rd commemoration of the Araw ng Kagitingan (Day of Valor) at the Dambana ng Kagitingan, Mt. Samat Shrine in Pilar, Bataan.

The Araw ng Kagitingan, also known as Bataan Day, is observed on the 9th day of April every year by virtue of Republic Act No. 3022 and is a holiday nationwide.

The event coincides with the yearly observance of Philippine Veterans Week to celebrate and honor the bravery of Filipino soldiers who fought in the name of freedom and patriotism during World War II.

Officials from the military will join President Aquino during the morning ceremonial rites in Bataan, along with Defense Secretary Voltaire Gazmin, US Ambassador Philip Goldberg, and Japanese Ambassador Kazuhide Ishikawa.

This year’s commemorative activities will carry the theme, “Ipunla ang Kagitingan sa Kabataan, Ihanda ang Beterano ng Kinabukasan."

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=751436

'All-out' offensive vs BIFF in Maguindanao left 153 dead, more than 100 wounded - 6th ID

From InterAksyon (Apr 8): 'All-out' offensive vs BIFF in Maguindanao left 153 dead, more than 100 wounded - 6th ID



Government forces fire howitzers during the 'all-out' offensive against the BIFF

The more than month-long “all-out” offensive carried out by the military against the Bangsamoro Islamic Freedom Fighters in Maguindanao has so far claimed 153 lives and left more than 100 other persons wounded, the military said Wednesday.

The dead include 12 soldiers, including an Army officer, 6th Infantry Division spokesperson Captain Joan Petinglay said.

The BIFF, on the other hand, lost around 140 fighters, with 60 more wounded and 12 others arrested, according to data from the 6th ID.

A child evacuee was also killed and an undetermined number of other civilians wounded during the offensive, which was ordered February 25 by Armed Forces chief of staff General Gregorio Pio Catapang Jr., exactly a month after the deadly Mamasapano incident, and was declared over on March 30.

The offensive also displaced more than 125,000 civilians in Maguindanao, most of whom remain in cramped evacuation centers.

Meanwhile, despite the declared end of the offensive, Petinglay said the 6th ID, which has been beefed up by the arrival of the 16th Infantry Battalion in Maguindanao, would continue pursuing the BIFF through Joint Task Force Central.

http://www.interaksyon.com/article/108437/all-out-offensive-vs-biff-in-maguindanao-left-153-dead-more-than-100-wounded---6th-id

DOJ ready to charge MILF, BIFF members for deaths of SAF 44 - De Lima

From InterAksyon (Apr 8): DOJ ready to charge MILF, BIFF members for deaths of SAF 44 - De Lima



Secretary Leila de Lima on Wednesday said the Department of Justice is prepared to file criminal charges against members of the Moro Islamic Liberation Front and Bangsamoro Islamic Freedom Fighters who engaged Special Action Force commandos in Mamasapano, Maguindanao on January 25.

At the House of Representatives’ inquiry into Mamasapano, De Lima said the DOJ has a "major witness" who was at the site of the encounter and could identify several persons involved in the clash.

She said the statements of the witness, who has been placed under the Witness Protection Program, complement the physical evidence gathered by the National Bureau of Investigation, which leads the special team looking into the incident.

"This major witness of ours claims to have seen a significant portion of the firefight in the morning of January 25. The veracity of his claims was validated by the physical evidence we have gathered," De Lima said.

She added that their team has also interviewed witnesses who saw firsthand the firefight between the SAF and the MILF and BIFF.

De Lima said their report is due on April 16.

But she added that the DOJ is still studying whether to charge the MILF members for violations of international humanitarian law or the Revised Penal Code.

http://www.interaksyon.com/article/108438/doj-ready-to-charge-milf-biff-members-for-deaths-of-saf-44---de-lima

China, Vietnam pledge peaceful resolution for South China Sea dispute

From InterAksyon (Apr 9): China, Vietnam pledge peaceful resolution for South China Sea dispute



China's President Xi Jinping (front R) gestures to Vietnam's Communist Party General Secretary Nguyen Phu Trong (front L) as they pose for a group photo with Chinese and Vietnamese youths at the Great Hall of the People in Beijing, April 7, 2015. REUTERS/China Daily

China and Vietnam have pledged to look for a peaceful resolution to their dispute in the South China Sea via talks, following a meeting between China's president and the head of Vietnam's Communist Party, state news agency Xinhua said on Wednesday.

A joint communique carried by Xinhua said that both countries had a "candid" exchange of views on their maritime spat.

But the two countries agreed to "use well the Sino-Vietnam government border negotiation mechanism, uphold friendly consultations and negotiations to look for a basic and lasting resolution both countries can accept", the statement said.

China and Vietnam should also "proactively look for transitional resolution methods which do not affect either side's position, including looking at and discussing joint development".

Neither country should do anything to "complicate or expand" the dispute in order to ensure peace and stability in the sea, the statement added.

Communist parties rule both countries and trade has swelled to $50 billion annually, but Vietnam has long been suspicious of its giant neighbor, especially over Beijing's increasingly assertive claims to almost the entire South China Sea.

Anti-Chinese violence flared in Vietnam last year after a $1-billion deepwater rig owned by China's state-run CNOOC oil company was parked 240 km (150 miles) off the coast of Vietnam in the South China Sea.

Since then, however, China has sought to make amends with Vietnam, including sending senior officials to Hanoi.

Chinese President Xi Jinping told Nguyen Phu Trong, general secretary of Vietnam's Communist Party, on Tuesday that the two countries must manage their dispute over the South China Sea well to maintain peace and stability.

Vietnam has strengthened its military relationship with old enemy the United States since the South China Sea dispute has heated up following Xi's assumption of power in 2013, and Vietnam has also sought common ground with the Philippines on facing China over the spat.

China claims about 90 percent of the South China Sea, displaying its reach on official maps with a so-called nine-dash line that stretches deep into the maritime heart of Southeast Asia.

The Philippines, Malaysia, Brunei and Taiwan also have claims to parts of the potentially energy-rich waters that are crossed by key global shipping lanes.

http://www.interaksyon.com/article/108462/china-vietnam-pledge-peaceful-resolution-for-south-china-sea-dispute

Abu Sayyaf may be holding abducted Zamboanga Sibugay mayor in Sulu: source

From InterAksyon (Apr 9): Abu Sayyaf may be holding abducted Zamboanga Sibugay mayor in Sulu: source

Gemma Adana, mayor of Naga town in Zamboanga Sibugay province, was probably abducted by Abu Sayyaf bandits Monday night and taken to Sulu, an intelligence source said Wednesday.

The source, who refused to be identified, said he had received information Wednesday noon that “an unidentified female was sighted at Sitio Bula, Barangay Kuppong, Indanan, Sulu (in) the custody of Raden Abu,” a known Abu Sayyaf sub-leader.

“The victim is believed to be Gemma Adana,” he added.

The source said the victim “arrived last night (Tuesday) at 11 p.m.” in Barangay Buton Mahablo, Parang town in a gray speedboat with around 10 Abu Sayyaf gunmen led by Uddon Hassiem and “was received” by Abu and another Abu Sayyaf sub-commander, Idris Alhabsy.

Adana was kidnapped from her home in Barangay Taytay Manubo, Naga by gunmen who took her then fled onboard a motorboat.

http://www.interaksyon.com/article/108463/abu-sayyaf-may-be-holding-abducted-zamboanga-sibugay-mayor-in-sulu-source

ACADEMIC DISCUSSION | US can engage in combat as long as PH has 'absolute control' - De Lima

From InterAksyon (Apr 8): ACADEMIC DISCUSSION | US can engage in combat as long as PH has 'absolute control' - De Lima



File photo of US Marines during the Balikatan joint military exercises

So long as the Philippine government allows it and retains “absolute control,” foreign forces can be directly involved in any local military or law enforcement operation, Justice Leila de Lima said Wednesday.

In the case of Oplan Exodus, the disastrous Special Action Force mission to get Malaysian terrorist Zulkifli bin Hir, alias “Marwan,” in his lair in Mamasapano, Maguindanao, De Lima said the questions that should be asked about American involvement should not be about “the extent or type of US participation” but “the degree of control the Philippine government exercised over the operation.”

Stressing that what she was presenting was an “academic discussion” on how much participation American or foreign troops can be allowed in the country, De Lima said: “The bottom line is the ability of the Philippine government to determine for itself the extent of US involvement and the full exercise of its control in making decisions on the what, who, when and how of a particular operation.”

Earlier in the hearing, sacked SAF commander Getulio Napenas confirmed that at least two Americans were at his tactical command post providing “real-time information” on the situation in the area of operations, specifically that of the 84th SAF Seaborne, the unit tasked to get Marwan, with four others outside, and that more US personnel arrived on January 26 to help evacuate casualties.

Napenas also confirmed that Americans provided training before Exodus and also gave similar assistance on at least two previous operations, both failures, but that no US personnel were involved in actual combat.

While Marwan is now confirmed to have been killed, the ensuing clash also claimed the lives of 44 SAF commandos, 17 Moro Islamic Liberation Front fighters and at least three civilians, leaving the Mindanao peace process in the balance and President Benigno Aquino III facing the worst political crisis of his term.

De Lima stressed that foreign affairs is the “competency of the executive branch,” which is why it can “enter into agreements not needing the concurrence of the Senate” to enhance the country’s security, “especially against terrorist threats,” apparently referring to the Visiting Forces Agreement with the US.

Constitutional and legal limits

She said there are only three constitutional and legal limits to the extent of foreign military activity in the country: the prohibition against permanent military bases, freedom from nuclear weapons, and “the general principle of an independent foreign policy and non-intervention” in sovereign affairs.

In fact, she said, a 2002 Supreme Court decision “provides only broad limitations” on allowable activities for joint military cooperation, and that the “VFA contains no limitations on what activities will be covered.”

While acknowledging that “some quarters will draw the line on the involvement of foreign personnel in actual combat,” with which she said agreed, De Lima nevertheless pointed out that, "this is the least of our concerns” because the VFA also allowed this if “absolutely necessary for self-defense in in defense of their troops.”

“But granting that there were American boots on the ground,” she added, stressing that “this is tsismis (rumors),” does this ipso facto mean the Constitution has been violated?”

“What determines the limit of US participation in military or law enforcement operations is not the type of operation, or advice … but the degree of control or decision-making the Philippine government exercises,” De Lima stressed.

Thus, “as laid down in the VFA,” American involvement in Oplan Exodus “presents no violation of independence.”

http://www.interaksyon.com/article/108423/academic-discussion--us-can-engage-in-combat-as-long-as-ph-has-absolute-control---de-lima