Draft Bangsamoro Basic Law translated to Filipino

From Rappler (Nov 28): Draft Bangsamoro Basic Law translated to Filipino

The translation of the bill to the national language will help allay fears or concerns of Filipinos about the proposed Bangsamoro region in Mindanao, says the Komisyon sa Wikang Filipino

TRANSLATED. The Bangsamoro Basic Law in English and Filipino. Michael Bueza/Rappler

 

To help inform Filipinos about the proposed Bangsamoro political entity in Mindanao, the Komisyon sa Wikang Filipino (KWF or the Commission on the Filipino Language) has translated the draft Bangsamoro Basic Law (BBL) to Filipino.

 

"Kinakailangang masalin ito para mapawi ang lahat ng agam-agam o pangamba ng taumbayan hinggil sa batas na ito (It needs to be translated to allay the concerns or fears of Filipinos about this bill)," KWF Director-General Roberto Añonuevo said.

Añonuevo made the announcement during KWF's monthly Kapihang Wika event at the National Commission for Culture and the Arts (NCCA) building in Intramuros, Manila, on Friday, November 28.

"Kung ang mga talakayan tungkol sa ganitong kahalagang batas ay nasa wika ng taumbayan, nasa wikang pambansa o nasa wika sa rehiyon, mauunawaan nila kung bakit kinakailangan ito," Añonuevo said. (READ: Legal experts take on Bangsamoro bill)

(If the discussions regarding this important measure is in the language of the masses, or in the national or regional language, the people would understand why this law is needed.)

The Filipino translation of House Bill 4994, he said, would help resolve misunderstanding when reading or interpreting the measure that was originally written in English. (INFOGRAPHIC: The Bangsamoro peace deal at a glance)

Stakeholders of the BBL would be consulted first before releasing an official Filipino translation of the draft law, said the KWF.

Añonuevo added that the commission plans to translate the draft BBL to regional languages such as the Manobo, Tausug, or Meranaw, but they do not have funds for it.

"Hindi pa namin maasikaso iyan dahil kulang na kulang kami sa tauhan, at wala rin kaming budget para magbayad sa mga mahuhusay na tao (We have yet to work on that, because we lack manpower and we do not have a budget yet to pay experts)," he said.

He sought the help of Congress and both sides of the peace panel to provide them funds for the endeavor.

Añonuevo said that the KWF would formally give a copy of the Filipino translation of HB 4994 to Congress through Representative Sitti Turabin Hataman of Anak Mindanao party-list. (TIMELINE: The long road to the Bangsamoro region)
He added that copies of the bill in Filipino would also be provided to concerned agencies and local government units.

In September, the Aquino administration formally handed over to Congress the draft Bangsamoro Basic Law. The government hopes to ratify the measure by March 2015.

http://www.rappler.com/nation/76384-draft-bangsamoro-basic-law-filipino-translation-kwf

Bangsamoro to get P70B initial budget – Iqbal

From Rappler (Nov 28): Bangsamoro to get P70B initial budget – Iqbal

Unlike the Autonomous Region in Muslim Mindanao, the Bangsamoro government is envisioned to get automatic appropriations worth 4% of the national governmental share in the net internal revenue collection


BUDGET HIKE. Bangsamoro Transition Commission chairman and Moro Islamic Liberation Front chief negotiator Mohagher Iqbal answers questions from the media after the launch of the Bangsamoro Basic Law primer at EDSA Shangri-la on November 28, 2014. Photo by Rappler

For years, the Autonomous Region in Muslim Mindanao (ARMM) has complained of not getting enough funds, with their average annual budget only amounting to about 1% of the total national budget.

Each year, like any another government agency, the ARMM has to face Congress to defend its proposed budget for the year – a concrete indication, critics say, that the ARMM is still not truly autonomous.

 

This could change under the proposed Bangsamoro basic law, which seeks to create the Bangsamoro – a parliamentary form of regional government designed to have greater fiscal and political autonomy than the current ARMM.

 

Under the bill, the Bangsamoro government is designed to get automatic appropriations computed through a specific formula, in addition to other sources of funding.

 

Should Congress approve the proposed arrangements for fiscal autonomy, the envisioned Bangsamoro government will get an initial funding of about P70 billion in its first year of operation, Bangsamoro Transition Commission chairman and Moro Islamic Liberation Front chief negotiator Mohagher Iqbal said in a forum in Ortigas on Friday, November 28.

 

Iqbal's computation includes the internal revenue allotment (IRA) of local government units (LGUs), which, by law, should be automatically appropriated to the LGUs themselves.

 

The proposed basic law provides that all privileges already devolved to LGUs will not be diminished. Iqbal said the total IRA of LGUs in the proposed Bangsamoro core territory is estimated at P18 billion. 

 

Unlike the ARMM, the Bangsamoro government will receive a block grant of 4% in the share of the national government in the internal revenue allotment (IRA). This is a separate amount from the IRA for LGUs.

 

The formula for the block grant is one of the unique features of the new autonomous government that separates it from the ARMM. The ARMM Organic Act does not provide for a specific computation for its annual budget – which is primarily why the ARMM budget has remained dismal over the years.

 

The block grant also means that the Bangsamoro will no longer have to go to Congress to defend their proposed budget since amount will just be automatically downloaded to them and it will be up to the Bangsamoro Parliament to legislate where it will be used for.

 

The block grant is expected to amount to at least P35 billion in the Bangsamoro government's first year of operation, Budget Secretary Florencio Abad said in an earlier budget hearing.

 

The estimated amount is an improvement from the P24 billion budget approved for the ARMM for 2015, which is already the highest in its entire history.

 

Aside from the block grant, Iqbal said the Bangsamoro will also get a special development fund from the national government for infrastructure projects, including the building of provincial and municipal roads. The fund, to be provided for a period of 5 years upon the ratification of the law, is expected to amount to around P10 billion.

 

Another source of funding would be money coursed through different regional departments under the Bangsamoro for projects funded by national agencies. This is expected to amount to around P12 billion.

 

In summary, the expected source of funds for the Bangsamoro, according to Iqbal, include:

• Around P35 billion from the block grant
• Around P10 billion from the special development fund
• Around P18 billion from the internal revenue allotment of LGUs
• Around P12 billion for funds from national agencies awarded to regional departments

"All in all we are looking at around P70 billion," Iqbal said.

 

In July 2013, the government and the MILF signed a deal on how wealth will be shared between the central and regional government. This served as one of the primary basis for the revenue arrangements in the proposed law.

 

Under the deal, the following wealth-sharing arrangements were agreed upon:

• 75-25 in favor of the Bangsamoro for taxes and charges "other than tariff and custom duties" collected within its jurisdiction
• 75-25 in favor of the Bangsamoro for profits from metallic minerals
• 100% of revenues form non-metallic minerals (sand, gravel and quarry resources) will go to Bangsamoro
• 50-50 for income from energy sources, such as petroleum, natural gas and uranium

The deal increased the share of the proposed Bangsamoro on taxes and metallic minerals to 75% from 70% in the current ARMM.

 

It also changed the qualification of minerals from "strategic" and "non-strategic" – which government chief negotiator Miriam Coronel-Ferrer has said were political in nature – to the categorical "metallic" and "non-metallic" in a bid to prevent future conflict on how revenues from such resources will be divided between the national and regional government.

 

These arrangements will be subject to review after 10 years. 

 

Three years after the operation of the Bangsamoro government, any additional taxes or revenues from metallic minerals that it will generate will be deducted from the 4% block grant.

 

The provision was proposed by the MILF during the negotiations, government peace panel member Senen Bacani said earlier.

 

It represents their aspiration towards true autonomy, he said.

 

http://www.rappler.com/nation/special-coverage/peacetalks/76411-bangsamoro-initial-budget-iqbal

DOCUMENT: Bangsamoro Basic Law Primer

From Rappler (Nov 28): DOCUMENT: Bangsamoro Basic Law Primer

The Bangsamoro Transition Commission, in cooperation with the Centre for Humanitarian Dialogue and the European Union, releases a primer on the landmark bill

 

A product of the final peace deal between the Philippine government and the the Moro Islamic Liberation Front, the proposed Bangsamoro Basic Law seeks to address decades-old grievances by creating a new regional government with greater fiscal and political powers than the current Autonomous Region in Muslim Mindanao.

 

As the bill passes through deliberations in Congress, what have been the most frequently asked questions on the measure?

Read the primer prepared by the Bangsamoro Transition Commission, the group that crafted the initial draft of the law, in cooperation with the Centre for Humanitarian Dialogue and the European Union, below.

Read the proposed Bangsamoro Basic Law as submitted to Congress below:

DRAFT Bangsamoro Basic Law by Office of the Presidential Adviser on the Peace Process

http://www.rappler.com/nation/special-coverage/peacetalks/76400-bangsamoro-basic-law-primer

CPP-NPA’s Tiamzons to be brought to Cebu for arraignment Dec. 1

From GMA News (Nov 28): CPP-NPA’s Tiamzons to be brought to Cebu for arraignment Dec. 1

Police and military officials in Cebu on Thursday mapped out security arrangements for the court appearance of two top communist leaders before a court there on December 1.

CPP power couple Wilma and Benito Tiamzon are to be arraigned before the Toledo City court on Dec. 1, GMA Cebu's Bexmae Jumao-as reported Friday.

Central Visayas regional police head Chief Superintendent Prudencio Bañas said the Philippine National Police and Armed Forces of the Philippines have met to iron out their security preparations.

The Tiamzons are ranking officials of the Communist Party of the Philippines and New People's Army.

They were arrested in Cebu last March 22 and were later brought to Camp Crame in Quezon City.

Police are particularly preparing for protests by the Tiamzons' supporters.

Wilma is said to be the secretary general of the CPP-NPA while Benito, her husband, is believed to be the chairman of the groups.

Both were arrested by virtue of warrants for crimes against humanity including murder, multiple murder and frustrated murder.

The Tiamzon couple has been detained at Philippine National Police Custodial Center in Camp Crame.

http://www.gmanetwork.com/news/story/390197/news/nation/cpp-npa-s-tiamzons-to-be-brought-to-cebu-for-arraignment-dec-1

Symbolic decommissioning of MILF firearms set in January

From GMA News (Nov 28): Symbolic decommissioning of MILF firearms set in January

It's almost all systems go for the decommissioning of firearms of the Moro Islamic Liberation Front (MILF), with a symbolic turnover scheduled in January, MILF peace panel chair Mohagher Iqbal said Friday.

The decommissioning is among the terms agreed upon by the MILF and the national government as reflected in the Comprehensive Agreement on the Bangsamoro signed on March 27, 2014 in the Malacañang.

At the sidelines of a forum on the Bangsamoro Basic Law (BBL), Iqbal said the Independent Decommissioning Body (IDB) set up in Kuala Lumpur, Malaysia, last September has already come up with an inventory of firearms that need to be turned over by the MILF as well as guidelines in the decommissioning process.

“The members of the decomissioning body has already identified the numbers of firearms, and they have initially put up the documents that would provide the terms of reference for the decommissioning of the MILF combatants,” he said.

Iqbal, however, was quick to add that the decommissioning guidelines as well as the initial numbers of firearms identified by the IDB still need to be validated and finalized.

Initial batch

Despite this, Iqbal said the MILF is set to turnover an initial 75 firearms in late January of next year. He said 25 pieces of the firearms are high-powered, while the rest are medium-powered.

“This is part of our ultimate sacrifice, to really give peace,” Iqbal said, adding the symbolic turnover ceremony would most likely be held in Maguindanao.

Iqbal also stressed that the firearms to be intially turned over are serviceable and neither defective nor decrepit as claimed by some critics.

Confidential info

Iqbal refused to give a figure on the total number of firearms identified by the IDB, citing security reasons.

Presidential adviser on the peace process Teresita Quintos-Deles also declined to give figures on the number of firearms identified by the IDB to be still in the possession of the MILF.

“Siyempre this is a high-security, highly-confidential information. It's not because of fears of the parties against each other, it's because there are other many elements that might take advantage of these numbers and this kind of information, so it really has to be undisclosed,” Deles said.

Deles said the firearms that will be turned over will be stored in the country, with the exact location to be finalized by the IDB.

http://www.gmanetwork.com/news/story/390258/news/nation/symbolic-decommissioning-of-milf-firearms-set-in-january

MILF chair Iqbal: Bangsamoro entity still on schedule

From GMA News (Nov 28): MILF chair Iqbal: Bangsamoro entity still on schedule

The peace process between the national government and the Moro Islamic Liberation Front (MILF) remains on track even with the expected delay in the passage of the Bangsamoro Basic Law (BBL), MILF peace panel chairman Mohagher Iqbal said on Friday.

 

Despite the statement of the House of Representatives leadership that it could take the chamber until February of next year to approve the BBL as contained in House Bill 4994, Iqbal said the development in the peace process was still within the time frame that the MILF and national government peace negotiators wanted.

 

Iqbal said there was still ample time for the ratification of the BBL through a plebiscite and the creation of the Bangsamoro Transition Authority (BTA) to govern Mindanao for one year until 2016 elections. This, he said, even after the House of Representatives moved to its target to pass the BBL from December 17 to February 2015, 

 

“Actually yung February na sinasabi ng Kongreso, that's internal to them. Ang settled na issue dyan is, kailangan ang term ng Bangsamoro Transition Authority (BTA) would be at least one year. So, if you look at the calendar, the BTA should be in place in May 2015 and we're still in November right now, so, althrough time runs very fast, we're still on track,” Iqbal said.

 

According to the draft BBL as contained in House Bill 4994, the Bangsamoro Transition Authority (BTA) will serve as the interim government of the region for one year upon the BBL's ratification through a plebiscite.

 

Afterwhich, all powers will be transferred to the Bangsamoro government, officials of which will be elected by the people of the region in 2016 elections.

 

The Bangsamoro government is set to replace the Autonomous Region in Muslim Mindanao (ARMM).

 

Asked during the forum if the MILF and the government had an alternative plan if the BBL would be passed, Iqbal replied: “There is no plan B, only plan A. We trust the government, we trust President Aquino. For Congress, we trust their collective wisdom that this BBL is going to happen.”

 

For her part, National Commission on Muslim Filipinos Secretary Yasmin Busran-Lao also expressed confidence that the BBL passage and ratification would push through.

 

“We owe it to the people (in Mindanao) for their voices to be heard through the plebiscite. And the kind of support being expressed all over the country gives me hope that we are now ready for the sustainable peace process,” Lao said.

 

Presidential Adviser on the Peace Process Teresita Quintos-Deles said officials continued to work closely with Congress to iron out contentious issues on the BBL such as provisions on wealth and power sharing, the Shariah justice system and peace and security administration among others.

 

“I'm sure the Congress recognizes the urgency, the (time) constraints in terms of possible Supreme Court challenges...We are at the cusp of a very real possibility of achieving peace and the Bangsamoro Basic Law is instrumental in making it happen,” Deles said.

 

http://www.gmanetwork.com/news/story/390263/news/nation/milf-chair-iqbal-bangsamoro-entity-still-on-schedule

MNLF hits out at gov’t diversionary tactics in Zamboanga siege case

From the Daily Tribune (Nov 29): MNLF hits out at gov’t diversionary tactics in Zamboanga siege case

The dropping of charges against 59 suspected members of the Moro National Liberation Front proves that the government only resorted to diversionary tactic in filing cases against the Nur Misuari-led group in connection with the 2013 Zamboanga City siege, an MNLF official yesterday said.

Lawyer Emmanuel Fontanilla, spokesman for the MNLF faction of Misuari, stressed the filing of cases against the MNLF members was an “incendiary action” of the Aquino administration, considering the peace agreement between the government and the MNLF.

“It shows that the cases are more of diversionary tactics…This is an incendiary action of the government considering the peace agreements,” he told The Tribune.

The Department of Justice (DoJ) had earlier dismissed the criminal charges against 59 of the 284 accused MNLF members in connection with the September 2013 siege of Zamboanga City for “lack of sufficient evidence.”

In a 63-page resolution on the reinvestigation ordered by the Pasig City Regional Trial Court (RTC) Branch 158, the DoJ said the charges for rebellion, insurrection and violations of Republic Act 9851, or the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crime Against Humanity,” against the alleged followers of Misuari should be withdrawn.

“The respondents were not duly proved by the evidence on record to have participated in the crimes alleged... Their individual criminal liability was not clearly shown. As far as the respondents-accused are concerned, there was no positive identification by any of the civilian witnesses presented by the complainant (Philippine National Police-Criminal Investigation and Detection Group Region 9),” the DoJ resolution which was made public the other day said.

The Justice department stressed the only evidence against them — affidavits of arrest executed by the military and police — “failed to state with certainty the actual acts perpetrated by the arrested respondents-accused that would make them liable of the offenses charged.”

The accused-respondents gave various defenses before the DoJ panel, with some of them claiming they were unceremoniously rounded up by authorities.

The conflict resulted in the killing of more than 200 persons while more than 100,000 were displaced.

The DoJ filed rebellion charges against the MNLF personalities, led by Misuari and his loyal commanders Ustadz Habier Malik, Bas Arki and Assamin Hussin. The four remained at-large.

There were MNLF members now detained after they were arrested or surrendered at the height of the conflict that lasted for 21 days.

Aside from rebellion charges, the accused were also charged with violation of Republic Act (RA) 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide and other Crimes against Humanity.

“The filing of case against Maas (Misuari’s nickname) is the greatest blunder of the government,” Fontanilla said.

Misuari has declared independence from the Philippine government in August 2013 in protest of the government signing an agreement with the Moro Islamic Liberation Front (MILF), a breakaway faction of the MNLF.

The MNLF founding chairman established the “Bangsamoro Republik” after accusing the government of abrogating the 1996 Final Peace Agreement (FPA) between the MNLF and the Philippine government.

The MNLF maintained that the 1996 FPA was not fully implemented up to now.

http://www.tribune.net.ph/headlines/mnlf-hits-out-at-gov-t-diversionary-tactics-in-zamboanga-siege-case

Marine officer found shot dead in her car inside Taguig camp

From InterAksyon (Nov 28): Marine officer found shot dead in her car inside Taguig camp



Handout photo of 1st Lt. Shelina Calumay, from Navy Public Affairs Office.

A junior officer of the Philippine Marines was found dead in her car with a gunshot to the face inside Naval Station Jose Francisco in Fort Bonifacio, Taguig City.

The slain Philippine Marines junior officer was the Special Disbursing Officer (SDO) of Marine Major General Remigio Valdez, the Inspector General of the Philippine Navy.

1st Lt. Shelina Calumay was found dead with a bullet wound in her face, slumped in her car at 6 a.m. on November 26 parked in front of the Jurado Hall inside the Naval Station in Fort Bonifacio in Taguig City.

Calumay was a native of Batac, Ilocos Norte, and belongs to the Naval Officer Candidate Course Class 2013.

Her assignment as SDO for the Inspector General is a very sensitive one because it involves the disbursement of funds upon orders by her superior.

Lt. Commander Marineth Domingo, acting Philippine Navy Public Affairs Officer, said the Taguig police has yet to release the result of its investigation while the Naval Provost Marshal was still conducting its own parallel probe.

The motive behind the killing remains, so far, unknown.

The victim's husband was also a Marine soldier, Sergeant Jeremy Calumay, who was currently assigned with the 62nd Force Reconnaissance Battalion based in Lebak, Sultan Kudarat.

The day his wife was found dead and relayed to him, Sgt. Calumay immediately flew to Manila.

"Accordingly, the husband is in deployment when the incident happened," Domingo said.

"No firearm was found in the crime scene. There was a hole on the left window of the car," which was parked in front of the Jurado Hall at the military installation, Domingo said.

She said Calumay's body underwent a paraffin test and was autopsied.

Calumay's death happened just days after the grocery store inside the base was reportedly robbed of millions of pesos in what is suspected could have been an "inside job.
http://www.interaksyon.com/article/100101/marine-officer-found-shot-dead-in-her-car-inside-taguig-camp

Foreign jihadists set up cell in Bataan - intelligence source

From InterAksyon (Nov 29): Foreign jihadists set up cell in Bataan - intelligence source



File image from a video of Abdul Basit Usman swearing allegiance to the Islamic State

Foreign jihadists, believed to be Syrian, have allegedly established a terror cell in Bataan province, a police intelligence officer said on Saturday.

The source, who is based in Camp Crame and has provided reliable information in the past on condition he not be identified, said the foreigners had just come from training militants in Cotabato in bomb making.

"They have established a cell there in Bataan," the intelligence officer said. "What's important here is to locate the Syrians … where are they now."

If the source’s information is accurate, the Bataan group would be at least the third alleged terrorist cell monitored to have been established ahead of the visit of Pope Francis to the country from January 15 to 19 next year, although the Philippine National Police has repeatedly said it has not monitored any specific threat to the pontiff.

Earlier, the source said members of the Khilafa Islamiya Movement have put up two cells, one each in the Visayas and Luzon.

The source admitted they have scant information about the cell in the Visayas, but said the group in Luzon is headed by a cleric from Bangladesh and includes four other foreigners.

However, he added, "I cannot give you their names since they don't have any derogatory records."

Earlier reports also said Abdul Basit Usman, a Filipino trained in bomb making by the Jemaah Islamiya network and who has since sworn allegiance to the Islamic State, has deployed a 15-man team to Luzon.

Usman has reportedly formed the Bangsamoro Justice Movement from former members of the Bangsamoro Islamic Freedom Fighters.

The PNP has formed Task Force Papal Visit 2015 to ensure the safety and security of Pope Francis. The unit is headed by Deputy Director Leonardo Espina, the PNP’s operations chief, who once headed the National Capital Region Police Office.

http://www.interaksyon.com/article/100160/foreign-jihadists-set-up-cell-in-bataan---intelligence-source

AFP to have new spokesman as Tutaan retires

From InterAksyon (Nov 29): AFP to have new spokesman as Tutaan retires



Incoming AFP spokesman Col. Restituto Padilla (center) receiving the Defense Meritorious Service medal and citation from Admiral Samuel J Locklear, chief of US Pacific Command (right) during a meeting with AFP chief General Gregorio Pio P Catapang Jr (left) on October 14. (AFP photo)

The Armed Forces of the Philippines will have a new spokesman, Air Force Colonel Restituto Padilla Jr., who will replace Major General Domingo Tutaan Jr., who is retiring on December 4.

A member of Philippine Military Academy “Sandiwa” Class of 1985, Padilla will be coming into his new role from his stint as the Philippine liaison to the United States Pacific Command in Hawaii and Assistant Deputy Chief of Staff for Civil-Military Operations, J7, the AFP public information office said.

Padilla was recently awarded the Defense Meritorious Service Medal by US Pacific Command chief Admiral Samuel Locklear.

A native of Cagayan De Oro City, Padilla was also instrumental in the planning and implementation of Operation Damayan, the US’ relief effort for the victims of super typhoon “Yolanda.”

Padilla served as Air Force public information chief in 2006 and as Secretary of Air Staff in 2007.

He was also assigned to the AFP Secretary Joint Staff in 2010; commandant of the Philippine Air Force Flying School from 2007 to 2009; group commander of the Headquarters, Technical Operations Wing from 2006 to 2007; and squadron commander of the 3rd Headquarters Air Wing Support.

In 2002, Padilla completed his Masters in Development Management at the Asian Institute of Management. He finished his Bachelor of Science in Electronics and Computer Engineering at Don Bosco Technical College in 1981 and completed his Academic Instructor Course at the Air University in Maxwell Air Force Base in Alabama.

From 1999 to 2000, Padilla represented the AFP in military trainings and conference on international and regional defense relations particularly the 42nd Mutual Defense Board Meeting in Honolulu, Hawaii in 2000; Pacific Chiefs of Defense Conferences in Hawaii in 1999; and Council for Security Cooperation in the Asia Pacific in Thailand in 1999.

He was also a member of the Philippine Panel for the RP-Australia Security Dialogue in Manila in January 2000.

In June 2010, Padilla received the Presidential Citation Badge and Election Duty Badge for his contribution to the country’s first automated national and local elections in 2010 and is also a recipient of three Gold Cross Medals, three Bronze Cross Medals, Distinguished Aviation Cross, numerous Military Merit Medals, Commendations and an EDSA Revolution Badge that he received in 1987.

http://www.interaksyon.com/article/100168/afp-to-have-new-spokesman-as-tutaan-retires

Used condoms don't bear Pemberton's DNA but Laude's counsel unfazed

From InterAksyon (Nov 28): Used condoms don't bear Pemberton's DNA but Laude's counsel unfazed

Two condoms recovered from the room where Filipino transgender Jennifer Laude and US soldier Pfc Joseph Scott Pemberton checked in before Laude was found dead did not yield genetic material that matched the DNA of the Marine.

The non-match in the DNA tests shows simply that Pemberton apparently did not use the condoms that were collected during the investigation, but it does not conclusively affect the prosecution's case that Laude was murdered, and that Pemberton is the main suspect, a lawyer for the Laudes said Friday.

The Chief Prosecutor, meanwhile, Atty. Emilie Fe De Los Santos, acknowledged, among others, that there was no fingerprint that matched and that the DNA test result showed a negative match.

But the prosecution team is unfazed, saying the DNA test result does not hold the key to everything, or even that the case is weak.

"We have plenty of other options," said De los Santos. "Whether the test is positive or negative, it depends on how we will use the evidence to serve our purpose. We can even dispense with the DNA result. We have eyewitnesses."

According to Atty. Suarez, lawyer of the Laudes, their immediate concern now is to get as soon as possible the results of the other pieces of evidence obtained from the crime scene - Room No. 1 at the Celzone Lodge in Olongapo City - such as fingerprints "and other specimens."

The Laude camp remain confident that there is a strong case against Pemberton.

Atty. Suarez, said: "I trust the chief prosecutor."

Laude, whose death has sparked calls in the Senate and among militant groups to revisit the VFA, was found inside the lodge, her neck resting on the side of a toilet bowl, less than an hour after she and Pemberton checked into Celzone, where they went after meeting for the first time inside the Ambyanz bar nearby.
One of the initial theories advanced about the killing was that Pemberton, 19, from South Carolina, had gone ballistic on discovering Laude is a transgender, and physically attacked her.

The decision that will come after the preliminary investigation on whether there is probably cause to indict Pemberton for the crime of murder is expected to come out by December 15.

The prosecution panel anticipates that Pemberton could be arraigned before Christmas, assuming probable cause is established.
GANDA (Gender and Development Advocates) Filipinas executive director Naomi Fontanos, in a text message to InterAksyon.com, said: "It doesn't rule out sexual activity between Pfc. Joseph Scott Pemberton and Jennifer Laude. We still want to see the complete NCIS (Naval Criminal Investigative Service) report that hasn't been shared by the legal team," she added.

With other women's groups, GANDA Filipinas has been holding rallies to call on the government to bring Laude's killer to justice.

http://www.interaksyon.com/article/100133/used-condoms-dont-bear-pembertons-dna-but-laudes-counsel-unfazed

Abducted cops’ wives ask gov’t to negotiate release with NPA

From MindaNews (Nov 28): Abducted cops’ wives ask gov’t to negotiate release with NPA

Spouses of two of the three policemen abducted by the New People’s Army in Surigao del Norte earlier this month have asked the government to negotiate with the rebels for the release of their loved ones.

Cristen Q. Amper and Matosalem L. Polvorosa, in separate statements, likewise asked the New People’s Army (NPA), whom they believed were behind the abduction, to release their husbands for their children’s sake.

PO1 Jonry M. Amper was taken in Malimono town last Nov. 12 while PO3 Democrito Polvorosa Jr. was seized in Alegria last Nov. 16.

Amper was driving his XRM Honda motorbike in Barangay Bunyasan in Malimono town at 9:45 a.m. when he was flagged down by at least eight heavily armed men believed to be members of the NPA. He was believed to have been brought to the mountainous part of Barangay Tinago also in Malimono.

Before the rookie cop was abducted, he was conducting discreet surveillance on reports that unidentified armed men were roaming in Bunyasan.

Five days after Amper’s abduction, two policemen in Alegria town were seized by suspected communist rebels. One of them was PO3 Democrito Polvorosa Jr.
Polvorosa and PO1 Marichel Unclara Contemplo were reportedly going to Barangay Pungtod aboard a patrol car for a meeting with personnel of the Department of Social Welfare and Development (DSWD) and residents for the Pantawid Pampailyang Pilipino Program, but were blocked suspected NPAs.

“Ako nanawagan sa gobyerno nga tabangan ang akong bana nga makauli na sa among panimalay tungod kay ang akong mga anak naapektuhan na ug dili na maghingaon ug gani nangasakit na ilabina ang akong kamanghuran,” Cristen Amper said. (“I am calling on the government to help my husband come home because my children are affected. Sometimes they refuse to eat, and even falling ill, especially my youngest.”)

She also asked the government to stop the military operations in Surigao del Norte so her husband may not be put in danger.

Mrs. Amper asked Rep. Guillermo A. Romarate Jr., provincial board member Myrna Romarate and Malimono Mayor Jun Senaca to fast-track negotiations so her husband will be home soonest.

Matosalem Polvorosa, meanwhile, said her kids always ask her where their father is. “I answer them with alibis and I never tell them what really happened to their father,” she added.

“This would be my advanced Christmas gift if they would return my husband,” she appealed.

As of press time, the NPA has not issued any statement on the abduction of the three policemen.

Senior Supt. Julito Diray, Surigao del Norte provincial police director, said they have no updates, too, on the abductions.

Bishop Rhee Timbang, of the Philippine Independent Church in Surigao del Norte who used to chair the Third Party Facilitators that successfully negotiated the release of four policemen abducted by the NPA also in Alegria town last July, told MindaNews that there are no moves on their part yet, not even the formation of a negotiating team.

“So far there are no confirmatory news, too, as to who really abducted the three PNP personnel,” he said.

http://www.mindanews.com/top-stories/2014/11/28/abducted-cops-wives-ask-govt-to-negotiate-release-with-npa/

MOA-AD foes on the BBL: Unconstitutional

From MindaNews (Nov 29): MOA-AD foes on the BBL: Unconstitutional

They have spoken.

Three politicians who led the opposition to the botched Memorandum of Agreement on Ancestral Domain or MOA-AD have made known their stand against the proposed Bangsamoro Basic Law, which aims to conclude the on-and-off peace process between government and the Moro Islamic Liberation Front (MILF).

In a public hearing here Friday by the House ad hoc committee on the BBL, Zamboanga City Rep. Celso Lobregat and former Iligan Mayor Lawrence Cruz said the BBL contains provisions that are unconstitutional.

“Like the MOAD-AD in 2008, the proposed Bangsamoro Law is full of unconstitionalities [sic],” Cruz said referring to the failed agreement which the Supreme Court junked as unconstitutional in 2008.

“What will happen now if the Supreme Court will find again the proposed Bangsamoro as unconstitutional? Will the MILF go to war again?” he added.

Some units of the MILF launched attacks in parts of Lanao and Cotabato area after the Supreme Court declared the MOA-AD as unconstitutional.

Cruz said he was questioning the “sticky issues” which could possibly be declared as unconstitutional namely the provisions on exclusive jurisdiction, water resources and disarmament of the MILF.

“Everything is being lost in the technical mumbo jumbo. What will happen if the High Court finds the proposed law as unconstitutional,” he said.

But Cruz said he will not file a case before the Supreme Court questioning the proposed law. “I am afraid for the city of Iligan. We learned our lessons in 2008 when the city was attacked after we led the opposition.”

For his part, Lobregat pointed out some provisions of the draft law like the block grant for the Bangsamoro government that he claimed is unconstitutional.

Lobregat, however, conceded that since the 15th Congress is dominated by allies of President Aquino it will pass the BBL despite its “unconstitutionality”.

“They (Aquino allies) have the numbers. The law will surely be passed but it will face a wave of constitutionality cases in the Supreme Court,” Lobregat said.

The Bangsamoro is envisioned to replace the 25-year old Autonomous Region in Muslim Mindanao by 2016.

Lobregat and Cruz led the opposition to the MOA-AD in 2008 by questioning its constitutionality before the High Court.

After the Supreme Court ruled in favor of the petition against the MOAD-AD, war erupted anew when elements of the MILF who were angered by the decision staged attacks in Lanao and Cotabato areas.

Councilor Moises Dalisay, one of those who petitioned against the MOAD-AD in the Supreme Court, questioned the inclusion of some areas in the proposed Bangsamoro region.

He said the Constitution does not allow any province, city, town and barangay to be divided, merged with or its boundary altered without conforming to the Local Government Code of 1991, which also prohibits this exercise.

“This provision is applicable to Iligan City where eight barangays are classified to participate in the plebiscite,” he said.

Rep. Rodolfo Biazon (Lone District, Mandaluyong City), a member of the House committee, told Lobregat, Cruz and Dalisay that ensuring that the proposed BBL pass constitutional scrutiny is the job of the 15th Congress.

Biazon said it is also the job of the committee to reconcile the conflicting issues facing the bill.

“Our job is to see this law pass scrutiny because I am sure somebody or some group will raise this question before the high court once Congress will pass it,” he said.

Biazon said the worst thing that could happen is another war if the Supreme Court decides to rule against the BBL like it did to the MOAD-AD.

“The condition of unpeace has become a disease in this country. We cannot go back to it and that is the reason we must find some compromised to the conflicting issues,” Biazon, a former Marines general who became chief of staff of the Armed Forces of the Philippines, said.

http://www.mindanews.com/top-stories/2014/11/29/moa-ad-foes-on-the-bbl-unconstitutional/

Sayyaf man linked to Zamboanga kidnappings captured

From the Mindanao Examiner BlogSpot site (Nov 28): Sayyaf man linked to Zamboanga kidnappings captured



Wahid Pingli's automatic rifle seized by soldiers and policemen in his hideout in Zamboanga City in southern Philippines.

Security forces raided an island off Zamboanga City early Friday and arrested an Abu Sayyaf militant implicated in several kidnappings here.

Officials said Wahid Pingli was tracked down by soldiers and policemen on a hideout in Sacol Island where he had been arrested.

An automatic rifle was also recovered by the raiders from the hideout in the village called Landang Laum, said Marine Captain Maria Rowena Muyuela, a spokeswoman for the Western Mindanao Command.

Pingli, who also goes by the name of Gaffur, was linked to the kidnappings of a local businessman Inocente Bautista in May 27, 2008 and Vicente Barrios on June 17, 2010.

Muyuela said the militant is currently being interrogated by authorities. “Pingli’s arrest was made possible through the joint law enforcement operations of the military and police,” she said.

No other details were released to the press by the military or the police about the militant or whether Pingli’s group was planning an attack or kidnappings in Zamboanga City.

The Abu Sayyaf previously bombed a karaoke bar in Zamboanga City that injured a policeman.

http://www.mindanaoexaminer.net/2014/11/sayyaf-man-linked-to-zamboanga.html

Indonesian, 2 Filipinos convicted in 2002 bombing - AP

From the Mindanao Examiner BlogSpot site (Nov 29): Indonesian, 2 Filipinos convicted in 2002 bombing - AP

A Philippine court has convicted an Indonesian militant and two Filipino extremists for their role in a 2002 mall bombing that killed at least 12 people and signaled the start of the alliance of two of Southeast Asia’s most violent terrorist groups.

Judge Leili Cruz-Suarez said in her ruling on Thursday that Jul Kifli from Indonesia and Abu Sayyaf militants Ahmad Jekeron and Yacob Basug were “guilty beyond reasonable doubt” of staging the April 21, 2002, bombing that also wounded dozens of people at the Fitmart shopping mall in the southern port city of General Santos.

State prosecutor Aristotle Reyes, who initially handled the case, said the convictions would serve as a deterrent to terrorism and complement military actions to defeat the resilient militants.

A former Abu Sayyaf militant and key witness, Abu Hamdie, said the bombing was the first joint attack by the Abu Sayyaf and the Indonesia-based terror network Jemaah Islamiyah.

He said the Abu Sayyaf was looking for a diversion to fend off a military offensive at the time, and Jemaah Islamiyah “wanted to show off their bomb-making prowess.”

With the help of Filipino militants, including notorious bombing suspect Basit Usman, Jul Kifli manufactured the powerful bomb and placed it near the entrance of the mall. The bomb was remotely detonated with a cellphone call made by Jekeron, Hamdie said.

“He uttered a short prayer then dialed the cellphone number given by Jul Kifli,” he said.

Usman, who is also wanted by the U.S. government for several, deadly bombings, remains at large.

Indonesian Ibrahim Ali and Abu Sayyaf militants Arman Ameruddin and Ikram Ameruddin were acquitted in the trial.

The Abu Sayyaf was founded in 1991 in the south, homeland of minority Muslims in the largely Roman Catholic country and scene of rebellions for a separate Muslim homeland.

Washington considers the Abu Sayyaf, which currently has about 400 armed fighters split into about six factions, as a terrorist group.

A U.S.-backed offensive has weakened and largely isolated the Abu Sayyaf, but it has endured by turning to ransom kidnappings and extortion. It currently holds about a dozen hostages.

http://www.mindanaoexaminer.net/2014/11/indonesian-2-filipinos-convicted-in.html