Sunday, July 14, 2013

1 ASG bandit killed as gov't forces foil ambush in Basilan

From the Philippine News Agency (Jul 14): 1 ASG bandit killed as gov't forces foil ambush in Basilan

Troopers of the 1st Infantry Division's 64th Infantry Battalion and supporting militiamen shot and killed one of the 10 Abu Sayyaf Group (ASG) brigands who attempted to ambush them in Sitio Manican, Barangay Sapah Bulak, Sumisip, Basilan Saturday afternoon.

Capt. Jefferson Somera, 1st Infantry Division spokesperson, said the incident took place around 4:30 p.m.

He identified the slain ASG man as Omar Akbar Suwaire.

Also recovered was a M-16 automatic rifle with a M-203 grenade launcher.

According to 64th Infantry Battalion commander Lt. Col. Leonardo C. Dacumos, his men were escorting the delivery truck of the Tumahubong Agrarian Reform Beneficiaries Integrated Development Cooperative which came from Isabela City, Basilan when fired upon by 10 ASG while passing the locality.

Dacumos said he immediately deployed his men in an anti-ambush formation and traded fire with the brigands for at least 10 minutes, killing Suwaire in the process.

He added the remaining ASG men fled but return an hour later in an attempt to recover the body of their slain companion.

However, this proved futile as government troopers were already swarming in the area.

The ASG men finally left 30 minutes later without inflicting any casualty to government forces in the area.

Somera said Suwaire's body was turned over to Sumisip Mayor Gulam Hataman.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=544003

Army recovers two NPA camps in Northern Samar

From the Philippine News Agency (Jul 14): Army recovers two NPA camps in Northern Samar

Elements of the Army’s 20th Infantry Battalion based in Catubig, Northern Samar have recovered two abandoned camps of the Communist’s armed wing, the New People’s Army (NPA) this week.

Capt. Amado Gutierrez, spokesperson of the 8th Infantry Division based in Camp Lukban, Catbalogan City in Samar said the first camp was discovered on Thursday in the outskirts of Barangay Toog, Lavazares, Northern Samar.

“It was assessed by troops to have been abandoned by the NPAs three weeks ago and it could accommodate 50 people. It has 40 sleeping bunkers, three guard posts, two kitchens and two comfort rooms,” Capt. Gutierrez added.

Gutierrez said the second camp was discovered in July 12 at the vicinity of Barangay Luisita, Victoria town also in Northern Samar.

“The second NPA camp could accommodate seven people. It was assessed to have been hastily vacated by the NPAs a day or two before it was discovered owing to the fresh signs of habitation in the camp’s periphery and military uniforms and civilian clothing,” the Army official said.

“While the focus of 8ID is to deliver community services to the people through its Bayanihan Teams, your soldiers will continue to defend the people against the NPAs who continue to extort, intimidate and worst, even kill those who oppose them,” he added.

Meanwhile, troops from Pinamurutan CAA Detachment led by Sgt. Charito L. Villamor of 52nd IB (CAFGU) encountered around 30 NPA last Friday in Barangay Mabini, Calbayog City.

The band of NPA insurgents was led by a certain Dado Baldonado, alias “Totoy,” an NPA leader operating in Samar.

Sgt. Villamor and 16 CAA were doing their regular security patrol when concerned civilians reported to them of NPAs’ presence in Barangay Mabini and were demanding food stuff from the people.

The troops responded to the information and when they got near in the NPAs’ reported location, they were fired upon, and a 25-minute fire fight ensued.

Troops recovered one home–made shotgun that was left by the NPAs when troops were advancing towards their position.

There was no reported casualty on the government side, while the NPAs suffered several casualties as reported by civilians who saw the NPAs carrying their wounded comrades.

Follow up operations are on-going as of press time to flush out the NPAs from their hideouts.

http://www.pna.gov.ph/index.php?idn=2&sid=&nid=2&rid=544031

62 rebels surrender in WV, more to follow suit: Military

From the Philippine News Agency (Jul 14): 62 rebels surrender in WV, more to follow suit: Military

The New People’s Army (NPA) rebels who surrendered and joined the mainstream of society in Region 6 has increased in number.

Maj. Rey Tiongson, spokesperson of the 3rd Infantry (Spearhead) Division (3ID), Philippine Army based in Camp Macario Peralta, Jamindan, Capiz, said a total of 62 rebel insurgents has surrendered to the 3ID during the 1st semester of this year.

Tiongson said, of the total number, 26 rebels from the NPA’s Komite Rehiyon-Panay surrendered to the military authorities in Panay Island. The figure include the two rebels who lately surrendered to authorities in the province of Capiz.

While the remaining 36 cadres from the Komite Rehiyon-Negros that include three other rebels from Central Visayas also came down from their mountain lairs and gave themselves up before the military authorities across Negros Island.

Tiongson said the number of rebels who surrendered during the first semester of this year is 40 percent higher compared to a record of 18 rebels for the same period last year.

These rebel surrenderees, he said, has been placed under the social integration program of the government where they availed of financial and livelihood assistance for them to start their respective endeavors under the mainstream of the democratic society.

Meanwhile, the 3ID OIC commander Brig. Gen. Jonas Sumagaysay said they are expecting more rebels to return to the fold of law as they were already tired of the futile armed struggle for the past several decades now.

http://www.pna.gov.ph/index.php?idn=2&sid=&nid=2&rid=544039

NPA rebels storm Davao del Sur village, seize local execs’ firearms

From the Philippine Daily Inquirer (Jul 14): NPA rebels storm Davao del Sur village, seize local execs’ firearms

MAGSAYSAY, Davao del Sur, Philippines – New People’s Army rebels disarmed a town councilor a former Scout Ranger and a village chair here on Saturday.

Senior Inspector Renier Raotraot, the town’s police chief, told the Philippine Daily Inquirer that an undetermined number of rebels stormed the village Bala here and disarmed village chair Beinvinido Alberio, municipal councilor Crispin Ambayan and former Scout Ranger Alexander Cabatania.

The rebels took away a 9mm and two .45 caliber pistols.

Raiotraot claimed that before leaving, the rebels gathered some 150 residents and told them to help the illegal drugs trade and other crimes.

Raotraot said they have tightened security after receiving intelligence reports that the rebels were planning to attack the police station.

http://newsinfo.inquirer.net/444573/npa-rebels-storm-davao-del-sur-village-seize-local-execs-firearms

Suspected Abu Sayyaf bandit killed in Basilan clash

From MindaNews (Jul 14): Suspected Abu Sayyaf bandit killed in Basilan clash

A suspected Abu Sayyaf bandit was killed Saturday in a clash preceded by an ambush of a rubber plantation cooperative delivery truck in Basilan, a military official disclosed Sunday.

Lt. Col. Leonardo Dacumos, commander of the Army’s 64th Infantry Battalion, said his personnel, backed by militiamen, were escorting the truck when a group of Abu Sayyaf bandits opened fire around 4:30 p.m. at Sitio Manican, Barangay Sapah Bulak, Sumisip town.

Dacumos said the truck, which belongs to the Tumahubong Agrarian Reform Beneficiaries Integrated Development Cooperative (TARBIDC), was on the way back to Barangay Tumahubong in Sumisip from Isabela City when ambushed.

He said the escorting troops returned fire and engaged the bandits in a firefight that lasted for about 10 minutes that resulted to the death of a suspected Abu Sayyaf member.

Dacumos identified the fatality as Omar Akbar Suwaire. Recovered from his possession was an M-16 Armalite rifle with attached M-203 grenade launcher.

 
The military official said that a 30-minute firefight ensued an hour after the first clash in the same place when another group of suspected Abu Sayyaf bandits attacked the soldiers and tried to recover the remains of their slain comrade.

He said the attackers fled upon sensing the arrival of government reinforcements.
No one among the troops were either killed or injured during the two separate clashes, Dacumos said.

Suwaire’s body was turned over to Sumisip Mayor Gulam Hataman, according to Dacumos.

http://www.mindanews.com/top-stories/2013/07/14/suspected-abu-sayyaf-bandit-killed-in-basilan-clash/

Iqbal says MILF got “much more than the ARMM” for the future Bangsamoro

From MindaNews (Jul 14): Iqbal says MILF got “much more than the ARMM” for the future Bangsamoro

The Moro Islamic Liberation Front (MILF) did not get everything that it proposed to the Philippine government’s (GPH) peace panel on the issue of wealth-sharing and revenue generation but MILF peace panel chair Mohagher Iqbal said they secured for the future Bangsamoro government “much more than the ARMM (Autonomous Region in Muslim Mindanao).”

Iqbal told MindaNews in a text message Sunday morning that what the MILF got in the Annex on Revenue Generation and Wealth Sharing in terms of taxing powers, shares in revenues, natural resources and block grant “strengthen the ancestral domain doctrine.”

But does the signed annex reflect a major shift from the “status quo” and correct the power relations between the Bangsamoro and the national government?  Does it represent what  Iqbal referred to in his opening statement in Kuala Lumpur on July 8, as “a major shake-up  of the status quo?”

“The best way to know the difference is to make comparisons,” he told MindaNews.
Government peace panel chair Miriam Coronel-Ferrer said the persistence and goodwill of both parties “bore fruit.

 
“We have a good package, one that we believe would make fiscal autonomy in the Bangsamoro a reality,” Ferrer was quoted in a press statement issued by the Office of the Presidential Adviser on the Peace Process (OPAPP) on Sunday afternoon.

The Annex, the second of four annexes to the FAB that would complete the comprehensive peace pact  “seeks to fulfill the aspirations for meaningful autonomy for Muslim Mindanao that was envisioned in the Constitution” and “will correct the flaws in the current fiscal system in the ARMM,” she said.

‘Status quo is unacceptable’

The two panels had agreed in the April 2012 Decision Points, carried over into the Framework Agreement on the Bangsamoro (FAB) signed in  October,  that “the status quo is unacceptable and that the Parties will work for the creation of a new autonomous political entity in place of the ARMM.”

In his July 8 opening statement in on July 8, Iqbal reiterated that solving the problem that has been laid down on the negotiating table for the last 16 years “requires a major shake-up of the status quo.”

“For the nth time, I must mention here that we are solving the Moro Problem or Question, not the Philippine Problem. Remember that a ‘historic injustice’ has been committed against the Bangsamoro, which must be corrected once and for all in order to put to rest all future legitimate struggles against the Manila government,” he said.

Iqbal explained that “a mere resort to legal remedies not founded on negotiated political settlement will not hold water.”

He said the parties had earlier agreed to an “asymmetrical relationship” between the Bangsamoro and the national government. “This means the parties must find a political solution that is above the current ARMM and below independence.”

8-page Annex

The text of the eight-page Annex signed at midnight in Kuala Lumpur has not been released to the public.

As of 5 p.m.  Sunday, the Office of the Presidential Adviser on the Peace Process (OPAPP) has yet to upload the Annex on its website. The MILF’s website, luwaran.com, has not posted the Joint Statement and the Annex.

MindaNews was told by the OPAPP’s communications team in KL that copies of the Annex would be released “tomorrow (Monday) during Malacanang press briefing.”

There is no explanation as to why copies of the Annex will be released only on Monday, instead of Sunday. On October 7, as soon as President Aquino announced that the Framework Agreement on the Bangsamoro had been reached, copies of the document were immediately uploaded in websites of Malacanang’s Official Gazette and the OPAPP.

MindaNews sources in the Bangsamoro peace process said among the salient provisions in the eight-page Annex is that in terms of taxation, Central Government (national government) taxes, fees and charges collected in the Bangsamoro, other than tariff and customs duties,” shall be on a 75%-25% sharing in favor of the Bangsamoro.  (The sharing system in the ARMM is  70-30 in its favor except for strategic minerals which is 50-50, ARMM Governor Mujiv Hataman told MindaNews).

According to the Annex, the share of the Bangsamoro from these taxes can even be 100%, for a limited period, because the Annex provides that the Bangsamoro Basic Law “may provide that the 25% due to the Central Government will be remitted to the Bangsamoro for a limited period of time.”

The Annex also provides that all taxing powers already devolved to the ARMM by R.A. No. 9054 and other legislations will be exercised by the Bangsamoro.

RA 9054 which amended RA 6734, the Organic Act creating the ARMM, provides that “unless otherwise provided,” the taxing power of the ARMM and its member-provinces, cities, municipalities, and barangay shall not extend to the following:
“income tax, except when levied on banks and other financial institutions; documentary stamps tax; taxes on estate, inheritance, gifts, legacies, and other acquisitions mortis causa, except as otherwise provided by law.”

The Annex does not give the Bangsamoro powers over income tax as the MILF had proposed but both parties agreed that the power to collect the capital gains tax, documentary stamp tax, donor’s tax and estate tax within the Bangsamoro would be devolved to the Bangsamoro.

If the taxable elements are not situated entirely within the Bangsamoro, the Annex provides that the intergovernmental fiscal policy board which shall address problems relating to implementation.

 Natural resources

In terms of natural resources, the Annex provides that the Bangsamoro share from incomes derived from the “exploration, development and utilization of all natural resources within the Bangsamoro” shall be:

- 100% to the Bangsamoro and its local government units for non-metallic minerals such as sand, gravel, and quarry resources;

- 75% to the Bangsamoro for metallic minerals within the Bangsamoro; and

- 50% to the Bangsamoro and 50% to the Central Government for “fossil fuels (petroleum, natural gas, and coal)  and uranium but the parties “shall endeavor to provide for a review mechanism in the Basic Law with regard to this sharing arrangement.”

The shares of the Bangsamoro from the natural resources revenues include those for its constituent local government units, the Annex states.

Under RA 9054, sharing between the national government and the ARMM is 50%-50% in terms of “taxes or fees derived from the use and development of the strategic  minerals.”

The Annex has removed “strategic minerals” as a category. “No more strategic minerals classification. That is a tricky description. (For) gas, oil, coal, uranium, it’s 50-50 with possible increase in the future,” said Iqbal.

The other features of the Annex are contained in the eight-page document.

MindaNews sources said the Annex has 12 sections, the last one on gender and development, which mandates the Bangsamoro to set aside at least 5% of  the development funds it will receive, for support programs and activities for women.

The panels are set to meet again in August, after the Ramadhan, to finish the annexes on Power-sharing and Normalization.

http://www.mindanews.com/peace-process/2013/07/14/iqbal-says-milf-got-much-more-than-the-armm-for-the-future-bangsamoro/

3 suspected NPA fighters arrested in Palawan—police

From the Philippine Daily Inquirer (Jul 14): 3 suspected NPA fighters arrested in Palawan—police

PUERTO PRINCESA CITY, Palawan, Philippines – Three suspected members of the New People’s Army (NPA) were arrested by elements of the Western Command and the Philippine National Police on Sunday morning in San Vicente, Palawan.

Senior Superintendent Atanacio Macalan, the PNP Palawan provincial director, told reporters that pursuit operations were ongoing around the area of Port Barton, San Vicente, and that several high-powered firearms had been recovered.

The government forces, Macalan explained, were in an operation to serve a warrant of arrest against a suspected NPA leader, a certain Dionesio Almonte, when they came upon a group of rebels.

Recovered from the three captives were eight shotguns, a baby armalite, two UZI rifles, a .50 caliber machine gun, detonating cords used on improvised bombs and two drums of chemicals, he said.

Macalan declined to name the captives pending investigation and would not say if Almonte was one of them.

Macalan said initial investigation showed the captured firearms included those taken by the rebels during previous raids it conducted in a commercial pearl farm in Taytay, Palawan, and at the local police headquarters of the PNP in Roxas town.

http://newsinfo.inquirer.net/444617/3-suspected-npa-fighters-arrested-in-palawan-police

NITTY GRITTY | Highlights of the Govt-MILF revenue generation, wealth-sharing annex

From InterAksyon (Jul 14): NITTY GRITTY | Highlights of the Govt-MILF revenue generation, wealth-sharing annex



Chief government negotiator Miriam Coronel Ferrer and MILF chairman al-haj Murad lead the signing of the revenue generation and wealth-sharing annex late Saturday, July 13 in KL. OPAPP-AFP

The government and the MILF released a joint statement Sunday hailing the successful conclusion of occasionally tense negotiations on revenue generation and wealth sharing between the State and the Bangsamoro, one of three sticky areas in the negotiations leading to a comprehensive agreement.

HERE ARE THE HIGHLIGHTS OF THE ANNEX ON REVENUE GENERATION AND WEALTH SHARING:

• Annex on Revenue Generation and Wealth-sharing seeks to fulfill the aspirations for meaningful autonomy for Muslim Mindanao as envisioned in the Constitution and correct the flaws in the current fiscal system in the ARMM.

• The Annex, which forms part of the Framework Agreement on the Bangsamoro (FAB), will provide sufficient guidance for the crafting of the Bangsamoro Basic Law's provisions on wealth-sharing and revenue generation for the Bangsamoro as envisioned by the FAB. Wealth creation (or revenue creation and sourcing) is deemed “important for the operation of the Bangsamoro, considering that the Bangsamoro territory is among the most underdeveloped in the Philippines due to the decades-old conflict. Moreover, the existing tax base therein is very limited.”

• The eight-page wealth-sharing annex has sections on taxation, other sources of revenue, fees and charges, grants and donations, fund transfers from Central Government, contracting of loans and overseas development assistance, natural resources, additional fiscal powers, among others.

• One of the highlights is the agreed sharing formula on taxing powers. The panels agreed that 25 percent of the “Central Government taxes, fees and charges collected in the Bangsamoro, other than tariff and custom duties” will go to the Central Government, while 75 percent of it, including the shares of the local government units, will go to the Bangsamoro Government.

• On other sources of revenue, government income derived from the operations of Bangsamoro government-owned and -controlled corporations, financial institutions, economic zones, and freeports operating therein, shall go to the Bangsamoro Government.

• The Bangsamoro shall have authority and control over existing government owned and -controlled corporations and financial institutions operating exclusively in the Bangsamoro territory, after determination by the intergovernmental fiscal policy board of its feasibility.

• On fund transfers from Central Government, a Special Development Fund will be provided by the former to the Bangsamoro for rehabilitation and development purposes upon the ratification of the Bangsamoro Basic Law.

• When it comes to natural resources, 75 percent of income derived from exploration, development and utilization of metallic minerals within the region will go to the Bangsamoro Government. With respect to non-metallic minerals (sand, gravel, and quarry resources), such revenues will go to the Bangsamoro government and its local government units.

• Income derived from fossil fuels (petroleum, natural gas, and coal) and uranium will be shared equally between the Central and Bangsamoro Governments.

http://www.interaksyon.com/article/66330/nitty-gritty--highlights-of-the-govt-milf-revenue-generation-wealth-sharing-annex

Army troops, militiamen repel 30 NPA insurgents in Samar

From the Daily Tribune (Jul 15): Army troops, militiamen repel 30 NPA insurgents in Samar

Troopers from the 52nd Infantry Battalion and supporting militiamen from the Pinamurutan CAA Detachment have successfully repulsed a group of 30 New People’s Army (NPA) rebels reportedly on a extortion mission in Barangay Mabini, Calbayog City, Samar last July 12.

Belated reports from Capt. Amado Gutierrez, 8th Infantry Division, the mother unit of the 52nd Infantry Battalion, said government forces under Sgt. Charito Villamor were conducting a routine security patrol when they encountered the rebel band headed by one “Dado Baldonado.”

A 25-minute firefight broke out between the opposing groups. This ended with the retreat of the rebels who sustained an undetermined number of casualties with no losses to the government side.

Gutierrez added that 52nd Infantry Battalion troopers recovered a homemade shotgun in the scene of the encounter.

Meanwhile, two NPA camps were discovered by operating troops of the 20th Infantry Battalion.

The first camp was discovered on July 11 on the outskirts of Barangay Toog, Lavasares, Northern Samar.

It was assessed by troops to have been abandoned by the NPAs three weeks ago.

Inspection revealed that it can accommodate 50 people, has 40 sleeping bunkers, three guard posts, two kitchens and two comport rooms.

While the second camp was discovered on July 12 at the vicinity of Barangay Luisita, Victoria, Northern Samar.

This camp can accommodate seven people. It was said to have been hastily vacated by the NPAs one to two days before it was discovered owing to the fresh signs of habitation in the camp’s periphery and military uniforms and civilian clothing recovered by the troops.

Both NPA camps were discovered by a platoon of soldiers led by 1st Lt. Alge Oronan.

“While the focus of 8th Infantry Division is to deliver community services to the people through its ‘Bayanihan’ Teams, your soldiers will continue to defend the people against the NPAs who continue to extort, intimidate and worst, even kill those who oppose them,” Gutierrez concluded.

http://www.tribune.net.ph/index.php/nation/item/16680-army-troops-militiamen-repel-30-npa-insurgents-in-samar

Ombudsman files charges vs Air Force officers, contractors

From the  Business Mirror (Jul 10): Ombudsman files charges vs Air Force officers, contractors

 FOUR Air Force retired officers and one who is still in active duty and two private contractors were ordered charged before the Sandiganbayan in connection with alleged irregularities in the P5-million repair of a dental clinic.

In an 11-page Resolution, Ombudsman Conchita Carpio-Morales ordered the indictment of Brig. Gen. Francisco C. Callelero, Col. Jaime B. Rodrigo, Col. Carlito E. Besorio, Capt. Ramir L. Llagas, all retired; Maj. Rony P. Cubar; and private contractor Eric L. Muros of Elm Elek-Tru for alleged violation of Section 3(e) of Republic Act (RA) 3019 or the Antigraft and Corrupt Practices Act.
 
Callelero, Rodrigo, Besorio, Cubar, Llagas and private contractor Basilio P. de Guzman of Guzi Enterprises are facing two counts of alleged violation of Section 3(e) of RA 3019.
 
A separate three counts of alleged violation of Section 3(g) of RA 3019 will also be filed against Callelero, Rodrigo, Besorio, Cubar and Llagas.
 
The case stemmed from a letter-complaint filed by former Armed Forces Chief of Staff and now Immigration Commissioner Gen. Ricardo A. David on the delay in the accomplishment and unsatisfactory result of the repair-rehabilitation of the Armed Forces Dental Service Center (AFPDSC) and the 1351st Dental Clinic.
 
Upon audit by the military’s internal auditor, the following findings were discovered:
  • Lack of detailed engineering specifications resulted in additional scope of work;
  • Construction defects on the posts and beams, walls, floor tiles and roof;
  • Discrepancies in the amount stated in the deeds of agreement between the 335th Aviation Engineering Wing and Guzi Enterprises and Elm Elec-Tru Products;
  • Discrepancy in the deeds of agreement and purchase orders (POs) on the actual amount expended for the rehabilitation projects;
  • Discrepancy in the amount requested by the former and incumbent chief engineer for additional fund support for the 1351th Dental Clinic project completion;
  • Doubtful-questionable addresses of the dealer-supplier indicated in the POs and sales invoices and the capability to undertake the projects;
  • Doubtful-questionable deeds of agreement;
  • Doubtful receipts-sales invoices attached to the POs;
  • Shopping was the mode of procurement used and splitting of POs was observed and;
  • Newly procured dental equipment cannot be installed and used due to delay in project completion.
Records revealed that the rehabilitation of the 1351st Dental and AFPDSC building per directive of the commanding general of the Air Force must be undertaken by administration.
 
However, the supply of labor was outsourced to private contractors as evidenced by the three deeds of agreement entered into by 355th Aviation Engineering Wing, Basa Air Base, Pampanga without the benefit of public bidding as required by RA 9184.
 
Despite ample time given to the respondents, only respondents Cubar and Llagas submitted their respective counter affidavits.
 
Since the issue on splitting of contracts raised in the original complaint emanating from the former Armed Forces chief of staff were not addressed during the fact-finding and preliminary investigation, the Ombudsman approved the conduct of a separate fact-finding investigation on the issue.
 
“Clearly, being signatories in the three contracts in their official capacities, public respondents [Callelero, Rodrigo, Besorio, Cubar and Llagas] took advantage of their official positions and private respondents [Muros and de Guzman] connived to do away with the mandated public bidding for their personal benefit and to the disadvantage of the government,” the resolution said.
 

Philippines agrees on MILF demand, signs 75-25 wealth sharing accord

From the Mindanao Examiner blog (Jul 14): Philippines agrees on MILF demand, signs 75-25 wealth sharing accord



A Philippine government photo shows Philippines and MILF peace negotiators in Kuala Lumpur

The Philippines have agreed on a rebel demand for more part in wealth sharing and signed an accord with the Moro Islamic Liberation Front ending a long delay in the peace talks.

 Miriam Ferrer, who heads the Philippine peace panel, said they agreed on a 75-25 wealth sharing agreement basically in natural resources in favor of the MILF, but both sides also said that resources derived from energy would be on an equal sharing.

Peace negotiators ended six days of marathon talks in Malaysia, which is brokering the peace process, and released a joint statement on the signing of the Annex on Wealth Sharing to the Framework Agreement on the Bangsamoro (FAB).


Bangsamoro accord refers to the Muslim homeland agreed by the Aquino government and the MILF last year. It will replace the current five-province Autonomous region in Muslim Mindanao before presidential elections in 2016.

“In a show of true commitment, the Parties extended the meeting, originally scheduled for four days to six days to be able to overcome their concerns and reach an agreement on the Annex. The Parties believe that the Annex, which forms part of the FAB, will provide sufficient guidance for the crafting of the Bangsamoro Basic Law’s provisions on wealth sharing and revenue generation for the Bangsamoro as envisioned by the FAB,” the statement said.

Ferrer and her counterpart in the MILF, Mohagher Iqbal, thanked Filipino President Benigno Aquino for his commitment to a just and lasting peace in Mindanao and also to Malaysian Prime Minister Dato' Sri Mohd Najib Bin Tun Haji Abdul Razak for his continued support in the facilitation of the peace talks.

They also praised members of the MILF Central Committee headed by the secluded rebel chieftain Murad Ebrahim for their continued commitment to the peaceful resolution of the Mindanao problem.

“It was a close call. But both parties' persistence and goodwill bore fruit,” Ferrer said. “We have a good package, one that we believe would make fiscal autonomy in the Bangsamoro a reality.”

The Annex on Revenue Generation and Wealth Sharing is one of the four annexes that, together with the FAB, will complete the comprehensive agreement. The other annexes are on power-sharing and normalization, and are still under discussion. 

The Annex on Transitional Arrangements and Modalities was signed in February.

Ferrer said the Annex on Revenue Generation and Wealth Sharing seeks to fulfill the aspirations for meaningful Muslim autonomy in Mindanao that was envisioned in the Constitution. She said it will correct the flaws in the current fiscal system in the Muslim autonomous region in Mindanao.

“With the insights provided by the technical experts, Cabinet secretaries and several legislators consulted by the government panel and the intense discussions we've had with our counterparts, we are confident that the Annex will withstand scrutiny and the tests of implementation,” Ferrer said, adding the peace negotiators exerted their best effort to resolve the language issues and succeeded because they exercised flexibility and worked hard to find the appropriate solutions.

In the joint statement, the Parties said the Revenue Generation and Wealth Sharing Annex will provide sufficient guidance for the crafting of the Bangsamoro Basic Law's provisions on wealth-sharing and revenue generation.

The signed annex stated that wealth creation or revenue creation and sourcing is important for the operation of the Bangsamoro, considering that the Muslim territory is among the most underdeveloped in the country due to the decades-old conflict. Moreover, the existing tax base therein is very limited.

The eight-page wealth-sharing annex has sections on taxation, other sources of revenue, fees and charges, grants and donations, fund transfers from Central Government, contracting of loans and overseas development assistance, natural resources, and additional fiscal powers, among others.

One of the highlights is the agreed sharing formula on taxing powers. The panels agreed that 25 percent of the “Central Government taxes, fees and charges collected in the Bangsamoro, other than tariff and custom duties” will go to the Central Government, while 75 percent of it, including the shares of the local government units, will go to the Bangsamoro Government.

With regard to other sources of revenue, “government income derived from the operations of Bangsamoro government-owned and -controlled corporations, financial institutions, economic zones, and freeports operating therein, shall go to the Bangsamoro Government.”

The Bangsamoro shall have authority and control over existing government-owned and -controlled corporations and financial institutions operating exclusively in the Bangsamoro territory, after determination by the intergovernmental fiscal policy board of its feasibility.

On fund transfers from Central Government, a Special Development Fund will be provided by the former to the Bangsamoro “for rehabilitation and development purposes upon the ratification of the Bangsamoro Basic Law.”

When it comes to natural resources, 75 percent of income derived from exploration, development and utilization of metallic minerals within the region will go to the Bangsamoro Government. With respect to non-metallic minerals - sand, gravel, and quarry resources - such revenues will go to the Bangsamoro government and its local governments.

On the other hand, income derived from fossil fuels - petroleum, natural gas, and coal - and uranium will be shared equally between the Central and Bangsamoro Governments.

The Lanao Peace Partnership, in a statement sent to the Mindanao Examiner, said it commends the hard work and sacrifice put up by the peace negotiators that led to the agreement.

“We note that the hoped for breakthrough came after 12 hours of session on their sixth day of meeting. Hence, it is but fitting to applaud their tenacity, which we are sure is founded on an unflinching commitment to bring lasting peace in Mindanao.”

”Like the landmark preliminary accord, the Framework Agreement on the Bangsamoro, the wealth-sharing deal embodies the true spirit of partnership of the peace panels. With this, we look forward with confidence on the completion of the remaining Annexes to the FAB, and eventually, the comprehensive agreement,” the LPP said.

The LPP is  composed of the GIZ-Civil Peace Service partner organizations Ecosystems Work for Essential Benefits, MSU-IIT Institute for Peace and Development in Mindanao and Pailig Development Foundation, Inc.

The signing of the Annex on Wealth Sharing came as talks of amending the Philippine Constitution persisted since early this year. There were talks that the amendments would include important changes in the Charter that may include the issue on Muslim homeland in Mindanao.

But Muhammad Ameen, chairman of the MILF Secretariat, said despite the long-held belief that real solution to the Bangsamoro Question requires amending the Constitution, the rebel group “is not jumping its gun to support, at least in principle, the charter change initiative reverberating in the House of Representatives.”

“It is an internal legal process that the MILF is not supposed to participate,” Ameen said in an interview posted on the MILF website.  He was commenting on reports that charter change is again up in the air, with Speaker Sonny Belmonte stating that he will file a resolution that would call for a constituent assembly.

“We are not there; let us wait for the Bangsamoro Transition Commission (BTC) to finish its job and make a stand whether amending the Constitution is required or not,” he said.

He said that to this day, the Aquino government and MILF continue to disagree on whether this amendment is necessary or not. The government said that the present Constitution has the flexibility to accommodate and entrench the Basic Law and the MILF firmly taking a contrary view that changing the status quo form of government to asymmetrical relationship (ministerial form) would require amendment of the Constitution.

According to the MILF, one of the functions of the BTC is to make proposals, if necessary, to amend the Constitution. The first function is to draft the Basic Law and the third is to coordinate socio-economic development projects, if necessary.

It said in the past, many senators and congressmen also favored charter change. Their main focus is on the economic provisions of the Constitution, which to them, are very rigid that stunted development of the country. They referred to the ownership of certain industries and those that are involved in the exploration, development and utilization of our natural resources.

Some lawmakers favored ownership of lands by foreigners, a move opposed by others especially the nationalists and leftists. They branded this move as a sell-out, it said.


http://mindanaoexaminer.blogspot.com/2013/07/philippines-agrees-on-milf-demand-signs.html
 
 
 
 
 

Troops kill Sayyaf rebel in Basilan clash

From the Mindanao Examiner blog (Jul 14): Troops kill Sayyaf rebel in Basilan clash

Government troops killed an Abu Sayyaf rebel in a firefight in the restive province of Basilan in the southern Philippines, army officials said Sunday.

Officials said the weekend fighting erupted in the village of Sapah Bulak in Sumisip town where soldiers and pro-government militias were escorting rubber plantation workers.

“The rebels attacked the soldiers, triggering the fighting that killed Omar Akbar Suwaire,” Capt. Jefferson Somera, a spokesman for the 1st Infantry Division, told the regional newspaper Mindanao Examiner.

He said troops recovered the body of the slain rebel and his weapon – an automatic rifle with a grenade launcher – and handed the cadaver to municipal officials.

Somera, quoting a report from Lt. Col. Leonardo Dacumos, commander of the 64th Infantry Battalion, said the fighting lasted over 10 minutes and the rebels fled only to attack again after an hour and sparking a fierce battle.

He said the Abu Sayyaf gunmen tried, but failed to retrieve the body of the slain rebel.

“No one was injured or killed in the fighting on the part of the military or the civilians,” Somera said, adding Brig. Gen. Felicito Virgilio Trinidad, the regional army commander, ordered troops to pursue the attackers.

“General Trinidad has ordered the army forces in Basilan to track down the Abu Sayyaf and intensify intelligence operation in the province to prevent similar attacks,” he said.

The Abu Sayyaf is a small, but the most notorious rebel group involved in terrorism and kidnappings for ransom and extortion and operating mostly in Basilan and Sulu provinces, which are all part of the Muslim autonomous region in Mindanao.

http://mindanaoexaminer.blogspot.com/2013/07/troops-kill-sayyaf-rebel-in-basilan.html

Saturday, July 13, 2013

US jibes with PH view on sea row

From the Manila Standard Today (Jul 14): US jibes with PH view on sea row

The Philippines on Saturday welcomed the “warning” issued by United States President Barack Obama against China not to use force to intimidate other claimants in the West Philippine Sea.
Deputy presidential spokesperson Abigail Valte said that Obama’s statement was “consistent” with the Philippine’s position over the disputes, which Manila had insisted should be resolved peacefully and in line with existing international laws.

“The statement of President Obama as embodied in the White House statement is consistent with the Philippine government’s position (that) any maritime dispute should be resolved under a rules-based regime of international law. Force should not be resorted to in any case,” Valte said over government-run dzRB radio.

She added that while the Palace “cannot predict” how Obama’s position would influence other countries, it was important to note that several countries had expressed their support to Manila’s stand to resolve the issue through a  multilateral approach based on international law.

“We have gone through diplomatic channels and gone to the correct venue for settlement of disputes and advocated a peaceful resolution. We received widespread support for the position the country has chosen to take,” she said.

In a separate statement, the Foreign Affairs Department said it likewise shares Obama’s view on the dispute, adding that the agency remained firm in its position that all countries must follow what had been prescribed under international laws, especially the United Nation charter in the pursuit of peaceful resolution of disputes.

In a text message, DFA spokesman Raul Hernandez said that for claimant-countries to achieve a peaceful resolution on the dispute, concerned countries should not use force, or threat, but should instead adopt the mechanism under the UN charter.

“Our position remains that countries have an obligation under international law especially the UN charter to pursue a peaceful resolution of disputes, meaning without the use of force, (and) threat to use force. The way towards a peaceful resolution of disputes is through the  dispute resolution mechanism under the UN charter including Part XV of UNCLOS, which is rules-based, transparent, binding and non provocative,” Hernandez said.

Obama made his statement during a meeting with Chinese officials on Friday in Washington.

In his stamen,  the US president urged China “to manage its maritime disputes with its neighbor peacefully, without the use of intimidation or coercion”.

Reacting to Obama’s statement, China’s Foreign Ministry spokesman Hua Chunying in turn asked the US government to “live up to its promise to refrain from siding with any particular side” involved in the territorial dispute.

“China hopes the United States will respect the facts and not side with any particular party,” Hua said in a statement posted in China’s official website.

She added that after Washington released the statement, Beijing  quickly reaffirmed its stance over the dispute before the 5th China-US Strategic and Economic Dialogue ended on Thursday.

The Chinese envoy said that they  emphasized Beijing’s determination to “safeguard its territorial sovereignty and maritime rights”.

Hua added that aside from protecting its “full sovereignty” over the disputed waters, China would only commit in resolving the disputes with the Philippines and other concerned parties through “negotiations”.

She said she is hopeful that the countries claiming the disputed islands “can keep their promises and properly handle the disputes through bilateral negotiations with China”.
“This is what we are advocating and also what we are doing,” Hua said.

She noted that during the dialogue, the US allegedly “pledged not to side with any parties” who were involved in the disputes.

The Philippines, the United States’ longtime and most significant ally in the Asia Pacific Region, has repeatedly waved its decades-old Mutual Defense Treaty (MDT) with the US as buffer against China’s aggressiveness in the region.

The MDT,  which was signed on August 30, 1951, states that both countries are committed to come to each other’s defense in times of conflict.

In June last year, the United States reinforced its presence in the Asia-Pacific Region in the face China’s aggressive stance in West Philippine Sea.

China is locked in a volatile territorial dispute against the Philippines and Japan, two of the US important allies and strategic partner in the region.

Washington has also stepped up its presence in the region by launching a series of bilateral exercises between the armed and navy forces of the US and the Philippines which it said would increase its “interoperability, enhance capabilities through subject matter expert exchanges, and support local populations through community relations projects”.

In response,  Beijing has reminded both countries that the exercises are focused in maintaining peace and stability in the West Philippine Sea (South China  Sea), and are not meant to contain a growing China.

In June, the DFA admitted that the Philippines and the United States conducted war games near the Panatag Shoal, which is now being controlled by Chinese maritime forces after the April incident triggered the standoff between Manila and Beijing.

Since then, Beijing had aggressively staked claim on practically the entire West Philippine Sea (South China Sea) despite claims by the Philippines, Vietnam, Malaysia, Taiwan and Brunei.

Recently, however, Beijing and Hanoi had agreed to explore and share the resources on the disputed territories and even set up a hotline that would protect their fishermen from potential conflict.

Manila on the other hand has a pending case against China before the arbitral tribunal under the International Tribunal of the Law of the Sea which is supported by the United Nations. Beijing rejected Manila’s action, and snubbed the Philippine government’s invitation to participate in the arbitration.

http://manilastandardtoday.com/2013/07/14/us-jibes-with-ph-view-on-sea-row/

Signing of GPH-MILF wealth-sharing annex: not as euphoric but still historic

From MindaNews (Jul 14): Signing of GPH-MILF wealth-sharing annex: not as euphoric but still historic

The mood may not have been as euphoric as it was in early October when the final text of the Framework Agreement on the Bangsamoro (FAB) was agreed upon but the final crafting and signing of the Annex on Wealth-Sharing between the Philippine government (GPH) and the Moro Islamic Liberation Front (MILF) on July 13, 2013 in Kuala Lumpur is still historic: it was forged five days short of the 16th anniversary of the signing of the June 18, 1997 ceasefire declaration between the GPH and MILF;  it was the longest ever negotiation in the 16-year talks; and it happened on the 10th death anniversary of the MILF’s founder and first chair, Salamat Hashim.

The six-paragraph Joint Statement and the eight-page Annex on Wealth-Sharing, were actually signed in the early hours of July 14, at around 12:07 a.m but the Wealth-Sharing deal was sealed at around 10:40 p.m., at around the same time on October 6, 2012 when the panels sealed the deal of what is now the FAB.

The FAB provides for the creation of a new autonomous political entity called the Bangsamoro, allows for a transition from the Autonomous Region in Muslim Mindanao (ARMM) to the Bangsamoro Transition Authority after the ratification of the Bangsamoro Basic Law and the election of the first set of officials of the Bangsamoro government, by June 30, 2016.

Under the FAB, the parties were supposed to have finished all four Annexes that would complete the comprehensive peace pact: the annexes on Wealth-sharing, Power-sharing, Normalization, and Transitional Arrangements and Modalities.

Longest round

 
Last week’s round of negotiations was the longest in the 16-year talks, a day longer than the final round of talks that led to the signing of the FAB, even as both rounds took six days.

The signing of the Annex capped the 11-month negotiation on wealth-sharing that was started in August by the technical working groups.

The talks in October were scheduled from October 2 to 5 and had two extensions like this recently-ended round.  As early as October 3, the panels had agreed to extend the talks until October 6, to allow for then GPH peace panel chair Marvic Leonen to fly to Manila for final consultations with the President and his Cabinet on the last draft from the negotiating table.

Prof. Miriam Coronel-Ferrer, who took over as chair in December after Leonen was appointed Associate Justice of the Supreme Court, did not have to fly to Manila for final consultations in Malacanang.

The President sent Presidential Adviser on the Peace Process Teresita Quintos-Deles and Presidential spokesperson Edwin Lacierda to Kuala Lumpur on Thursday. Deles stayed on until the midnight signing.

At 2:08 p.m. on Saturday, Deles told MindaNews in a text message: “Talks still ongoing. Rough but moving.”

Asked on Sunday if the President’s instruction was not to leave Kuala Lumpur until the annex is signed, Deles replied, “No – but that was everyone’s prayer.”

In October, panels agreed to extend again from October  6 to 7 but actually ended negotiations at around 10:40 p.m. on October 6.  On October 7, as the panels met in plenary at the State Room of the Palace of the Golden Horses, they watched on the huge screen a video feed from Malacanang, as the President addressed the nation, that an agreement on the Bangsamoro had been reached.

The sixth day of the talks in October was intended only to close that round and for the President’s formal announcement. The grand signing would happen in Malacanang on October 15, 2012.

Unlike the October round where negotiations actually ended at around 10:40 p.m. on the fifth day, the final crafting of the Annex on Wealth-Sharing was the longest day as the panels were still negotiating until they could finally agree on the final text of the Annex at around 10:40 p.m. on July 13, 2013, the sixth day.

Asked what led to the breakthrough, GPH peace panel chair Ferrer told MindaNews in a text message, “everything.”

MILF peace panel chair Mohagher Iqbal told MindaNews in a text message: “I am pleased but right now I still see the bumpy road ahead. There are still many challenges ahead.”

The signing of the wealth-sharing annex coincided with the tenth death anniversary of Salamat Hashim. Hashim succumbed to an illness in Lanao del Sur on July 13, 2003 but his death was announced only on August 4, when the MILF had chosen its new leader,  Al Haj Murad Ebrahim.

Ebrahim was vice chair for military affairs and concurrent chair of the MILF peace panel. Iqbal succeeded Ebrahim as peace panel chair.

After Ramadhan

The Joint Statement was silent on the next round of talks but MindaNews sources from both panels said they will resume talks on the remaining Annexes on Power-Sharing and Normalization, after the Ramadhan.

The text of the eight-page Annex on Wealth-Sharing has not been posted on the website of the Office of the Presidential Adviser on the Peace Process as of 8:30 a.m. Sunday.

Only the Joint Statement has been posted, part of which states that “in a show of true commitment,” they extended the talks twice “to overcome their concerns and reach an agreement on the Annex.”

“The Parties believe that the Annex, which forms part of the FAB, will provide sufficient guidance for the crafting of the Bangsamoro Basic Law’s provisions on wealth sharing and revenue generation for the Bangsamoro as envisioned by the FAB,” it said.

It also noted that “progress” was made by the Technical Working Group on Normalization and the special team on power sharing.

http://www.mindanews.com/peace-process/2013/07/14/signing-of-gph-milf-wealth-sharing-annex-not-as-euphoric-but-still-historic/

GPH-MILF Joint Statement on the 38th Formal Exploratory Talks

From the Philippine News Agency (Jul 14): GPH-MILF Joint Statement on the 38th Formal Exploratory Talks

The Negotiating Panels of the Government of the Philippines and the Moro Islamic Liberation Front on Sunday closed the 38th round of Exploratory Talks in Kuala Lumpur, Malaysia with the signing of the Annex on Wealth Sharing to the Framework Agreement on the Bangsamoro (FAB).

In a show of true commitment, the Parties extended the meeting, originally scheduled for four days to six days to be able to overcome their concerns and reach an agreement on the Annex. The Parties believe that the Annex, which forms part of the FAB, will provide sufficient guidance for the crafting of the Bangsamoro Basic Law’s provisions on wealth sharing and revenue generation for the Bangsamoro as envisioned by the FAB.

Progress was also made by the Technical Working Group on Normalization and the special team on power sharing. The Third Party Monitoring Team (TPMT) which will be responsible for monitoring the implementation of the agreements held its first organizational meeting, led by its Chair Mr. Alistair MacDonald. The Parties gave special thanks to Dr. Steven Rood who transitioned from the International Contact Group (ICG) to the TPMT.

The Parties expressed their appreciation to His Excellency President Benigno Simeon Aquino III for his commitment to a just and lasting peace in Mindanao, to His Excellency Malaysian Prime Minister Dato' Sri Mohd Najib Bin Tun Haji Abdul Razak for his continued support in the facilitation of the GPH-MILF Peace Talks, and to the members of the MILF Central Committee headed by Chairman Al Haj Murad Ebrahim for their continued commitment to the peaceful resolution of the Bangsamoro Question.

The Parties also extend their gratitude to the members of the ICG, namely Japan, The Kingdom of Saudi Arabia, Republic of Turkey, the United Kingdom, Centre for Humanitarian Dialogue, Conciliation Resources, Muhammadiyah, and The Asia Foundation. They also thank the members of the Technical Working Groups of both Parties which had worked on the Annex on Wealth sharing.

Done this 13th day of July 2013 in Kuala Lumpur, Malaysia.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=543955