Tuesday, January 12, 2016

Photo: Supreme Court rules EDCA constitutional

From ABS-CBN (Jan 12): Photo: Supreme Court rules EDCA constitutional



Activists hold rattan trays with messages denouncing the Enhanced Defense Cooperation Agreement (EDCA) during a protest outside the Supreme Court in Manila on Tuesday. The Philippine Supreme Court declared the security deal with the United States constitutional.

http://news.abs-cbn.com/image/nation/01/12/16/supreme-court-rules-edca-constitutional

Photo: US sub in Subic for 3-day stop

From ABS-CBN (Jan 12): Photo: US sub in Subic for 3-day stop



The USS Topeka (SSN-754), a Los Angeles-class attack submarine, prepares to dock at the Alava pier of Subic port in Zambales Tuesday, for a three-day port stop. Subic Naval Base is one of the agreed locations that the US government identified as part of the Enhanced Defense Cooperation Agreement.

http://news.abs-cbn.com/image/nation/01/12/16/us-sub-in-subic-for-3-day-stop

MILF: Mamasapano incident already a closed book

From ABS-CBN (Jan 12): MILF: Mamasapano incident already a closed book

The Moro Islamic Liberation Front (MILF) on Tuesday maintained its position that the investigation into the Mamasapano incident between the Philippine National Police (PNP) Special Action Force (SAF) and MILF combatants is already over.

This, following the announcement of the Senate to reopen the probe on the January 25, 2015 incident.

Speaking to ABS-CBN in a phone interview, MILF First Vice Chairman Ghazali Jaafar said they consider the incident, which resulted in the the deaths of dozens of SAF troopers and MILF fighters, as a closed book.

Jaafar also said they are satisfied with the probe conducted by the created special investigative commission composed of officials and members of the MILF.

READ: The MILF report on the Mamasapano incident

According to Jaafar, the central committee of the MILF has yet to discuss whether they will appear before the Senate for the new hearing. He said they have yet to receive any form of invitation from the Senate.

Meanwhile, the official said the sanctions against the combatants involved in what they called a "misencounter" are internal to the MILF.

He said there are mechanisms agreed upon by both parties -- the MILF and the government -- that if there is a violation on the ceasefire agreement, the MILF will be the one to impose punishment or sanctions against their men.

Jaafar said they have already submitted to the Philippine government a copy of the results of their own investigation on the Mamasapano encounter.

http://news.abs-cbn.com/nation/regions/01/12/16/milf-mamasapano-incident-already-a-closed-book

AFP to conduct 'focused-military operations' vs rebels extorting from pols

From the Philippine News Agency (Jan 12): AFP to conduct 'focused-military operations' vs rebels extorting from pols

In line with efforts to safeguard the May 2016 polls, the Armed Forces of the Philippines (AFP) announced it will conduct "focused-military operations" against rebel groups conducting extortion missions against politicians.

"We (will) conduct focused-military operations after those (rebels)," AFP public affairs office chief Col. Noel Detoyato said.

He added this is part of the AFP's action plan to prevent rebels and lawless groups from interfering in the incoming elections.

Aside from this, Detoyato urged politicians not to give to the New People's Army (NPA) election extortion scheme.

"The NPAs call it 'permit-to-campaign' and 'permit-to-win' but we simpluy call it extortion, so if it extortion, don't give in to extortionists," he added.

Detoyato said they are constantly monitoring the situation on the field.

"We are (encouraging) them to report it to the Commission on Elections, to the police, to the nearest military (unit) so that we can take proper action," Detoyato said.

The military official said the AFP, while doing everything to counter the NPA extortion threat, is dependent on the information provided by the public.

Detoyato added that giving in to the rebels' extortion threat means additional funds for the latter's violent activities

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=845523

Troops, ASG brigands clash in Patikul, Sulu

From the Philippine News Agency (Jan 12): Troops, ASG brigands clash in Patikul, Sulu

Government forces are hot on trail of an Abu Sayyaf Group (ASG) brigands that figured in a firefight Tuesday with troops in Patikul, Sulu.

Brig. Gen. Alan Arrojado, Joint Task Group Sulu commander, said target of the pursuit operations is the group of Ninok Sapari and of a certain Abu Alkam.

Arrojado said the troops were conducting focused military operations when they clashed with the group of Sapari and Alkam around 3 p.m. Tuesday in Sitio Buanbuan, Barangay Latih, Patikul.

Arrojado said the firefight lasted for about five minutes after which the ASG brigands ran towards Barangay Bungkaong, also in Patikul town.

He said there was no casualty on the government side “while it is still undetermined on the enemy side.”

He said the troops from the Army's 35th Infantry Battalion have recovered at the clash site three backpacks, assorted police and military uniforms, foodstuffs and one motorcycle.

http://www.pna.gov.ph/index.php?idn=&sid=&nid=&rid=845848

AFP personnel told to comply with COMELEC gun ban

From the Philippine News Agency (Jan 12): AFP personnel told to comply with COMELEC gun ban

With the COMELEC gun ban now in effect, the Armed Forces of the Philippines (AFP) reminded all of its personnel not to bring their weapons outside when not on official duty or without permission from the poll body.

This is to avoid sanctions for violators of the electoral order, said AFP public affairs office chief Col. Noel Detoyato.

"As early as December, we told all of our troops of the impending COMELEC gun ban and told them of the consequences. The Chief-of-Staff (Gen. Hernando DCA Iriberri) also told all our senior commanders to frequently remind their troops on what to do and not to do during the prohibition period," he said in Filipino.

The COMELEC gun ban which started January 10 and will last until June 8, is part of the preparations to ensure that peaceful and orderly national elections on May 9.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=845612

DND-GA to purchase PhP84-M worth of 7.62mm 'finished components'

From the Philippine News Agency (Jan 12): DND-GA to purchase PhP84-M worth of 7.62mm 'finished components'

The Department of National Defense-Government Arsenal (DND-GA) is in the market for PhP84 million worth of 7.62mm "finished components," which refers to the primer, heads, powder and shells.

The 7.62mm bullet is used to arm light machine guns and sniper rifles of the Armed Forces of the Philippines (AFP).

The money will be sourced from the FY 2016 General Appropriations Act, according to the bid bulletin posted at the Philippine Government Electronic Procurement System.

Winning bidders are required to deliver the items within 120 calendar days from notice to proceed.

They must also have completed a similar project within the last five years.

The DND-GA will hold a pre-bid conference on Jan. 21, 1:30 p.m. at DND-Bids and Awards Committee Conference Room, Basement, Left Wing, DND Building, Camp Aguinaldo, Quezon City.

Bid opening is on Feb. 4, 10 a.m. at the same venue.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=845643

(News Analysis) China test flights rattling the region

From the Philippine News Agency (Jan 12): (News Analysis) China test flights rattling the region

Tensions broke out anew in the South China Sea after Beijing announced on January 4, 2016 that it had sent a civilian plane to test a three-kilometer runway it had built on Fiery Cross Reef, one of the sites of China’s island-building activities. This was followed by a statement released by Xinhua last January 6 on new flights carried out by China Southern Airlines and Hainan Airlines.

Vietnam immediately filed a formal protest against the move, saying China’s actions are causing anxiety and could endanger freedom of overflight. The United States and Japan both expressed concerns, with Tokyo saying that China’s unilateral actions are an attempt to change realities on the ground and create a fait accompli.

Philippine Secretary of Foreign Affairs Albert Del Rosario said last week that Manila would protest the flights and raised concerns on the repercussions of the Chinese provocative activities “if they are not challenged”.

Del Rosario’s British counterpart, Foreign Secretary Hammond, who was in Manila last week for a visit, said the freedom of navigation and overflights were “non-negotiable” and constitute “red lines” for the United Kingdom.

China has transformed Fiery Cross Reef, a low-tide elevation that generates no maritime entitlements under the 1982 UN Convention on the Law of the Sea (UNCLOS), into an artificial island with an airstrip and other facilities.

While analysts said China could have been trying to alter the Fiery Cross Reef and other low-tide elevations to gain maritime entitlements, experts said this is not allowed under the UN Convention on the Law of the Sea (UNCLOS). Scientists and environmental groups worldwide have also scored the island-building as damaging to the Spratly’s well-documented rich marine environment.

Prior to the test flights, Beijing has come under intense scrutiny because of its attempts to restrict freedom of navigation and overflight in the Spratlys. Beijing challenged Freedom of Navigation (FON) operations and patrols from the United States and Australia.

In December, China reportedly used audio warnings, flashing lights and flare warnings against Philippine Air Force (PAF) overflights over several features in the South China Sea under the Kalayaan Group of Islands. The flights are a standard part of the Philippines’ usual maritime patrol in the area, which Manila had been regularly conducting sans Chinese protest for the past decades. China likewise used audio warnings against other civilian flights in the area.

These recent developments have worsened the situation in the South China Sea, where China has carried out its massive and ecologically-destructive island-building amidst calls from the international community for Beijing to exercise self-restraint and adhere to relevant regional agreements and international law.

China’s neighbors have collectively criticized China’s show of force amid new realities on the ground, even as Beijing’s spokespersons continue to affirm publicly its commitment to the ASEAN–China Declaration on the Conduct of Parties in the South China Sea.

ASEAN, composed of 10 Southeast Asian nations including 4 claimant states Philippines, Vietnam, Malaysia and Brunei, have made clear their concerns on China’s island-building activities at the Joint Communiqué issued by the Ministers following a meeting on August 4, 2015 in Kuala Lumpur, Malaysia. They bewailed that these activities have worsened the situation as they have eroded trust and brought tensions to new highs.

Beijing’s relations with its neighbors have soured since 2012, after China took increasingly assertive actions in the disputed South China Sea. A stand-off between China and the Philippines broke out that year after Beijing prevented Manila from arresting illegal Chinese fishermen caught poaching in waters off Scarborough Shoal. China grabbed control of the said shoal, prompting the Philippines to file a case against China at a United Nations (UN)-backed arbitration tribunal. Beijing has refused to participate in the proceedings and said it will not honor the tribunal’s decision.

China’s recent actions only highlight the urgency and importance of the UN Tribunal decision. Philippine authorities have said the decision could be announced early in 2016 and is legally-binding, including on China.

In 2014, a stand-off between Vietnam and China over Beijing’s unilateral act of moving an oil rig in waters occupied by both nations resulted in popular anti-China protests and riots across Vietnam. Relations between Hanoi and Beijing plunged into an all-time low following the ruckus.

China’s frantic building of artificial islands beginning 2014 have prompted concerns that Beijing might be trying to gain greater ability to flex its military muscle in the disputed areas, in the face of its legally flawed nine-dash line claim over the entire South China Sea.

In 2002, China and members of the Association of Southeast Asian Nations (ASEAN) have signed a declaration of conduct on the South China Sea where they pledged to act with self-restraint and refrain from non-use of force or threat of force. Observers argue that China’s recent actions contravene the salient points of agreement in the declaration.

ASEAN is hoping to sign a more formal code of conduct to bind all parties to the dispute and bring peace in the region, even with China seen to stall negotiations on such a code.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=845605

ASG-ISIS ties merely propaganda -- AFP

From the Philippine News Agency (Jan 12): ASG-ISIS ties merely propaganda -- AFP

Videos showing Abu Sayyaf Group (ASG) bandits claiming affiliation with jihadist group Islamic State in Syria and Iraq (ISIS) are nothing but propaganda.

This was disclosed by Armed Forces of the Philippines (AFP) spokesperson Col. Restituto Padilla Tuesday.

"Our reaction remains consistent, that this is a continuing attempt by local terrorists to attract attention. There remains no credible, verified and direct connection to the bigger group in the Middle East up to this time," he added.

Earlier, a video showing ASG high-ranking leader Isnilon Hapilon and other ranking bandit leaders pledging allegiance to ISIS circulated online.

"The AFP is already taking proactive measures in preventing the spread of extremist ideology and terrorist activities in the country," he added.

In addition, Padilla said pronouncements made by Hapilon concerning their ties to ISIS is propaganda and does not necessarily reflect the existence of an ISIS-directed terror operation in the country.

"Despite this, the AFP is all out in its intelligence monitoring and focused military operations against terror groups in the country. Our intensified operations will catch up to them whether or not they have pledged their allegiance to the Daesh," he added.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=845657

USS Topeka now in Subic Bay

From the Philippine News Agency (Jan 12): USS Topeka now in Subic Bay

The USS Topeka (SSN-754), a Los Angeles attack submarine, arrived at Subic Bay, Zambales for a routine port Tuesday morning.

The ship arrived around 10:30 a.m., which is part of the ship's routine Indo-Asia-Pacific deployment.

The USS Topeka has a crew of 160 officers and enlisted personnel.

“The United States Navy continues to enjoy a close relationship with the Republic of the Philippines,” said USS Topeka commanding officer Cmdr. David P. Lammers.

“Through port visits such as this one, we strengthen our ties and foster valuable cultural exchange. The more we interact, the better we will understand one another and the stronger our alliance will become. I appreciate the efforts that make us feel so welcome when we visit Subic Bay,” he added.

Filipino-American sailors aboard will have an opportunity to connect with their heritage.

“Having moved from the Philippines and been raised in California from the age of three, I never really had a chance to experience true Filipino culture outside of my own family,” said machinist mate 1st Class Juan Paulo Reyes.

“This trip to Subic that the Navy has offered me is a great opportunity to explore my heritage and connect with members of my family still in the Philippines,” he added.

For many crew members, this is their first time visiting the Philippines.

The USS Topeka is capable of operating at depths greater than 800 feet at speeds up to 25 nautical miles per hour.

Measuring more than 300 feet long and weighing more than 6,000 tons, the USS Topeka is one of the stealthiest submarines in the world.

It is capable of supporting a multitude of missions, including anti-submarine warfare, anti-surface ship warfare, strike, surveillance and reconnaissance.

Commissioned in 1989, the USS Topeka has a long standing tradition of excellence and achievement. Its crew is highly trained and capable of supporting the boat through any mission cycle within short notice.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=845677

AFP welcomes SC ruling declaring EDCA constitutional

From the Philippine News Agency (Jan 12): AFP welcomes SC ruling declaring EDCA constitutional

The Armed Forces of the Philippines (AFP) on Tuesday welcomes the Supreme Court (SC) decision declaring the Enhanced Defense Cooperation Agreement (EDCA) as constitutional.

"The AFP welcomes the recent decision of the SC on the constitutionality of the EDCA. This decision bodes well for deepening our defense cooperation with a key ally. As part of our shared goals with the US under this agreement,we look forward to further enhancing inter-operability, addressing short-term capability gaps, promoting long term modernization of our forces, helping maintain maritime security and maritime domain awareness, and developing HADR capabilities," AFP chief-of-staff Gen. Hernando DCA Iriberri said in a message to the PNA.

He added the EDCA will help the military in improving its capacity to perform its mandate to protect the people and secure the state.

The SC on Tuesday voted 10-4-1 declaring the EDCA constitutional.

Under EDCA, US forces will be allowed access to Philippine military bases.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=845709

US Embassy: EDCA will upgrade capability of AFP

From the Philippine News Agency (Jan 12): US Embassy: EDCA will upgrade capability of AFP

The United States on Tuesday welcomed the Supreme Court’s ruling to uphold the Enhanced Defense Cooperation Agreement (EDCA), saying the military accord will further strengthen the bilateral relationship between Manila and Washington.

Finalized after eight rounds of talks that began in August 2013, the new accord signed in 2014 grants U.S. troops access to designated Philippine military facilities, the right to construct facilities, and pre-position equipment, aircraft and vessels, but rules out permanent basing.

The Philippine Constitution outlaws foreign military bases in the country unless covered by a treaty.

"EDCA is a mutually beneficial agreement that will enhance our ability to provide rapid humanitarian assistance and help build capacity for the Armed Forces of the Philippines," the US Embassy said in a statement.

"We look forward to working closely with our Philippine partners on the implementation of this agreement."

The Department of Foreign Affairs said EDCA is a critical component of the country's efforts to enhance and strengthen national security and improve its humanitarian assistance and disaster response capabilities.

"With the Supreme Court’s decision, the Philippine and US Governments can now proceed in finalizing the arrangements for its full implementation," the DFA said.

Manila has turned to its long-standing ally, the U.S., Japan and other western allies in an ongoing effort to modernize its ill-equipped military and strengthen its capability to guard and defend its territory in the South China Sea, which is claimed nearly in its entirety by China.

Parts of the resource-rich waters that fall within the Philippines’ internationally-mandated exclusive economic zone has been renamed West Philippine Sea by Manila.

After years of pre-occupation in the wars in Iraq and Afganistan, the U.S. announced an Asian “pivot” and identified the Philippines as a key pillar in its re-balancing to the region where a rising China is fast building clout and influence.

China, the Philippines, Vietnam, Malaysia, Brunei and Taiwan are locked in decades-long territorial rifts due to overlapping claims in the South China Sea, a major international trade route where huge oil and gas deposits have been discovered in several areas. Analysts feared the maritime row could be a flashpoint for major military confrontations.

The government of President Aquino III vowed to resolve territorial disputes with China through diplomacy, but at the same time has undertaken a program to modernize the Philippine military – one of Asia’s weakest - for the country to have a “minimum credible defense posture.”

Beijing insists “indisputable” and “historical” claim of most of the South China Sea – an assertion rejected by its Asian neighbors.

China’s rapidly expanding military presence in the area, including in the West Philippine Sea, prompted the Philippines to seek international arbitration to try to declare Beijing’s massive claim as illegal.

The U.S. said it does not take sides in the disputes but has declared that it is in its national interest to ensure freedom of navigation and aviation and the peaceful settlement of disputes.

For decades, the U.S. maintained large military bases in Clark, Pampanga and Subic Bay in Olongapo, Zambales until Philippine lawmakers voted to close it down in 1991.

Eight years after it shut down its bases, American forces returned to the country under the Visiting Forces Agreement, which was ratified by the Senate in 1999 to govern the temporary stay of U.S. forces for joint trainings with the Philippine military.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=845751

SC upholds power of President to enter into executive agreement

From the Philippine News Agency (Jan 12): SC upholds power of President to enter into executive agreement

The Supreme Court (SC) on Tuesday upheld the power of the President of the country to enter into an executive agreement involving foreign military bases pursuant to Article 18, Section 25 of the 1987 Philippine Constitution.

This was the reason why the SC dismissed the petitions questioning the legality of the Enhanced Defense Cooperation Agreement (EDCA).

Under the said provision of the 1987 Constitution, the President of the country is authorized to enter into an executive agreement involving foreign military bases if such an agreement is merely the implementation of an existing law or treaty.

The SC said that the EDCA is an executive agreement for the implementation of the treaties that allow the presence of foreign troops or foreign military facility in the country.

The said treaties are the Visiting Forces Agreement (VFA) and the Mutual Defense Treaty (MDT).

The SC added that as the EDCA is an executive agreement, it does not need the ratification by the Senate.

Because of this, the SC declared the EDCA as constitutional.

The result of the voting was 10-4 in favor of EDCA.

Chief Justice Maria Lourdes P. Aranal Sereno was the ponente of the decision.

The four magistrates who voted against the constitutionality of EDCA were Associate Justices Teresita J. Leonardo-De Castro, Arturo D. Brion, Estela M. Perlas-Bernabe and Marvic F. Leonen.

Associate Justice Francis H. Jardeleza inhibited himself from the voting in the sense that he was the former Solicitor General and handled the case of EDCA.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=845748

EDCA to beef up PHL maritime security, humanitarian disaster relief capabilities

From the Philippine News Agency (Jan 12): EDCA to beef up PHL maritime security, humanitarian disaster relief capabilities

With the Enhanced Defense Cooperation with the US declared constitutional by the Supreme Court (SC) Tuesday, efforts to improve Philippine maritime security and humanitarian assistance and disaster relief capabilities will definitely be improved.

Department of National Defense (DND) spokesperson Dr. Peter Paul Galvez in a message to the PNA Tuesday said,"The DND welcomes the ruling of our SC declaring EDCA constitutional. With this development that builds upon our mutual defense treaty, we look forward to advancing our defense modernization and strengthening maritime Security and humanitarian assistance and disaster relief capabilities."

The SC, voting 10-4-1, declared EDCA as constitutional.

It also upheld the position of the government that the EDCA is an executive agreement and does not need the Senate concurrence.

In the same vein, Galvez said this put the Armed Forces of the Philippines in a better position to improve inter-operability with the US military aside from improving the AFP's capabilities.

Finalized after eight rounds of talks that began in August 2013, EDCA, which was signed in 2014, allows US troops access to designated Philippine military facilities, the right to construct facilities, and pre-position equipment, aircraft and vessels, but rules out permanent basing.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=845812

Palace hails SC ruling on EDCA

From the Philippine News Agency (Jan 12): Palace hails SC ruling on EDCA

Malacanang hailed on Tuesday the Supreme Court decision affirming the constitutionality of the Enhanced Defense Cooperation Agreement (EDCA) considered an important component of infrastructure to strengthen the country’s military capability.

“This ruling boosts the on-going Armed Forces of the Philippines’ (AFP) Modernization Program and paves the way for upgrading our military equipment and capability for national defense as well as for humanitarian assistance and disaster response,” said Presidential Communications Operations Office (PCOO) Secretary Herminio Coloma Jr. in a statement.

Citing President Benigno S. Aquino III, Coloma said one of the benefits of the EDCA would be to introduce the AFP to most modern equipment.

He said the SC ruling affirming the constitutionality of EDCA likewise will strengthen the strategic partnership between the Philippines and the United States (US)

Apart from EDCA, the Philippines has Visiting Forces Agreement and Mutual Defense Treaty with the US.

With a vote of 10-4-1, the SC on Tuesday declared that the EDCA between the Philippines and the US is constitutional.

Under the EDCA, the US will be allowed to build structures, store as well as preposition weapons, defense supplies and material, station troops, civilian personnel and defense contractors, transit and station vehicles, vessels and aircraft for a period of 10 years.

The two countries signed the agreement on April 28, 2014.

http://www.pna.gov.ph/index.php?idn=&sid=&nid=&rid=845827