17 killed as MILF, BIFF clash in Datu Salibo

From the Manila Bulletin (Aug 20): 17 killed as MILF, BIFF clash in Datu Salibo

Moro Islamic Liberation Front (MILF) fighters clashed anew with its breakaway group, the Bangsamoro Islamic Freedom Fighters (BIFF), in Maguindanao last Friday, leaving 17 persons dead.

Senior Superintendent Agustin Tello said the two groups clashed when the BIFF tried to set up a bomb in Datu Salibo town south of Maguindanao province. When the smoke of the three-hour gunfight cleared, 12 followers of BIFF leader Esmael Abdulmalik lay dead.




Moro Islamic Liberation Front (MILF) rebels gather inside their camp, as thousands of its members and residents arrive for a rally in support of the peace in 2014.
(AFP / MANILA BULLETIN)

They were identified as Salik, Noboh, Amir, Sanged, Mohaimin, Sulah, Tatoh, Pagal, Arsad, Dindih, Musib and Awal.

Abdulmalik is a former henchman of Malaysian terrorist bomb maker Zulkifli bin Hir (Marwan) who was killed by Special Action Forces in Mamasapano in 2015.

The Task Force Ittihad (TFI) of the MILF, on the other hand, suffered five casualties – Mahmod Laguiab, Darix Kendag, Kuzak Ali, Anwar Maulana, and Kalidin Ulama. Four other MILF fighters were wounded.

The fighting between the two rebel groups started when BIFF rebels detonated a bomb that wounded several MILF fighters which retaliated in early August. Army troops have backed the Moro rebel front fighters with artillery fire and airstrikes, army Lt. Col. Gerry Besana said.

More than 40 rebels from both sides have been killed in the sporadic clashes in Datu Salibo and outlying towns in Maguindanao province’s vast marshland, Besana said.

The BIFF was formed by Ustadz Umbra Ameril Kato after bolting from the MILF in protest over the botched signing in 2008 of Memorandum of Agreement on Ancestral Domain (MoA-AD) which the Supreme Court declared as unconstitutional.

After Kato’s death in 2015, the BIFF splintered into three factions. The MILF leadership said the Abdulmalik group “closed its door to peace talks” and pursued the extremist ideology of the Daesh or Islamic State of Iraq and Syria (ISIS).

Captain Arvin Encinas, public affairs officer of the Army’s 6th Infantry Division, said their units are guarding against possible BIFF retaliations on innocent civilians to avenge the death of more than 20 members killed in skirmishes with MILF guerillas since last month.

The MILF is helping the government fight violent religious extremists in Maguindanao in keeping with its two peace compacts with the government — the October 15, 2013 Framework Agreement on Bangsamoro and the March 27, 2014 Comprehensive Agreement on Bangsamoro.

The Moro rebels’ mastery of the terrain is a big help to military as troops confront the rise of new pro-Islamic State groups, including those behind a deadly siege in southern Marawi City that has dragged for nearly three months, Besana added.

http://news.mb.com.ph/2017/08/20/17-killed-as-milf-biff-clash-in-datusalibo/

Six killed amid further MILF-BIFF clashes

From GMA News (Aug 20): Six killed amid further MILF-BIFF clashes

DATU SALIBO, Philippines - Clashes between the Moro Islamic Liberation Front (MILF) and its offshoot, the Bangsamoro Islamic Freedom Fighters (BIFF), took place on Friday and Saturday, with six fighters from the original group killed.

The fighting between the two groups began about two weeks ago in the marshy farmlands around Maguindanao's Datu Salibo town, regional police spokeswoman Tara Leah Cuyco said.

"The MILF is trying to force the BIFF out of the area. They do not want any trouble," Chief Inspector Cuyco told AFP.

A MILF guerrilla leader told a video journalist working for AFP on Saturday: "We do not want them here. It's an order from the higher-ups."

The MILF, which has more than 10,000 fighters, has waged a decades-long guerrilla war, first for independence and later autonomy for the large Islamic minority in the south of the largely Catholic Asian nation.

It signed a peace treaty with the Philippine government in 2014 and is observing a ceasefire with the Philippine government while waiting for the passage of a proposed law that would grant self-rule to the Muslim areas of the Mindanao region.

Senior MILF leaders have warned President Rodrigo Duterte to deliver on government commitments under the peace accord, chiefly the autonomy law, or risk frustrating MILF members and causing them to defect to the BIFF and other pro-IS groups.

The BIFF, said by the military to have a few hundred armed fighters, has been among several small armed groups in Mindanao that have pledged alliance to the IS.

The fighting comes as the military fought a near three-month battle in Marawi, a Muslim city 100 kilometers (62 miles) to the north.

The fighting in Marawi is being led by two other Muslim rebel factions, the Maute group and the Abu Sayyaf.

The Marawi battle has left 573 militants and 128 soldiers and police dead, along with at least 45 civilians, according to an official tally.

http://www.gmanetwork.com/news/news/regions/622551/six-killed-amid-further-milf-biff-clashes/story/

NPA links or pork barrel? Why the CA rejected Taguiwalo

From Rappler (Aug 19): NPA links or pork barrel? Why the CA rejected Taguiwalo

Weeks before the confirmation hearing, the House contingent of the Commission on Appointments requested a security briefing on the Left, including the New People's Army

When the powerful Commission on Appointments (CA) rejected Social Welfare Secretary Judy Taguiwalo, there was no clear reason given for the decision.

Days after, at least two CA members and one insider said the "main" reason was her close connection to the Left.

With the new rule on secret voting, there was no clear information on who voted for and against her. There is also no final count, as the CA stopped counting ballots upon reaching the majority of 13 negative votes.

"The counting of the votes was stopped when rejection reached 13. No official breakdown was done," CA member and Senate Majority Leader Vicente Sotto III said in a text message.

Some senators took to the floor and expressed their support for Taguiwalo. But with secret ballots, there is no sure way to prove that they indeed walked their talk. (READ: Is someone lying? CA votes on Gina Lopez don't add up)

The public is left on its own to speculate why the CA rejected the former DSWD chief. The overarching suspicion was that Taguiwalo was rejected because of her fight against pork barrel, which some lawmakers allegedly park in the agency. Even Taguiwalo herself believes her stance against the discretionary funds and the tax reform bill caused her downfall.

In 2016, lawmakers confronted Taguiwalo when she issued a memorandum reminding DSWD personnel that recommendation letters from politicians have no bearing in granting aid. (READ: Congressmen on DSWD's 'anti-padrino' memo: We hold the money)

But CA members refuted this, saying there is no point in blaming Taguiwalo for that because the pork barrel controversy and the tightening of policies happened under the past administration.

“It’s unfair that they say the reason for rejection is only because of PDAF (Priority Development Assistance Fund). We’ve long adjusted with the new rules. We’re living with it,” one CA member, who refused to be named, told Rappler.

The main reason, according to at least two CA sources, is Taguiwalo’s links to the Left and the alleged use of the agency to “employ” and “recruit” new members of the New People’s Army.

One source said: "Others have reservations, that of course, you don’t also want to have under your nose those threatening the government."

"It's for security purposes. They are moving already," another source said.

They claimed they could not say this in public for fear of their lives. They also claimed that the Left is known for attacking those who oppose them, citing the burning of Lapanday-managed farms and the takeover of government housing by Kadamay to prove their point as examples.

“They even attacked the Presidential Security Group, and that’s the President already. How much more those below him?” one member said, referring to the firefight between PSG and suspected New People's Army members in North Cotabato on July 19.

House contingent requests security briefing
According to 3 CA insiders, the House contingent asked for a security briefing on the NPA, as well as its allies, weeks before Taguiwalo’s confirmation hearing.

"Yes, because we got an avalanche of reports from the ground, from members of Congress also. You know, politicians, especially in provinces, they know these people and now they're up there already in DSWD," one CA source said.

CA Majority Leader and Isabela 1st District Representative Rodito Albano confirmed the briefing and said the peace panel was among those who were present.

“Yes, that was public knowledge. Yes, House contingent. Even the peace panel briefed us also,” Albano said in a text message to Rappler.

Two CA sources said there were two briefings. Aside from the briefing with the peace panel, another one was conducted by the Department of National Defense, Department of the Interior and Local Government, and the Intelligence Service of the Armed Forces of the Philippines.

During the briefings, security officials discussed how the DSWD is supposedly used to “employ” and “recruit” new NPA members.

One CA member said they were told by the military about "food packs and ATM cards" used in the government’s cash transfer program found in seized NPA camps.

Another CA member said the security officials discussed the DSWD's supposed hiring of NPA members and officials as consultants and undersecretaries. The CA member said some of these people were actual contacts of local officials in provinces, especially when paying “permit to campaign” taxes in NPA-controlled areas.

The same member also claimed that Left-backed groups are “exerting influence” on beneficiaries, especially in far-flung areas, in an attempt to recruit them to join the movement.

But Taguiwalo denied all these and questioned why the issues were never raised before any CA hearing. (READ: Taguiwalo to CA: Why no explanation for rejection?)



"I never gave anything to the NPA. I know the demarcation line between the people who have to be served [given] our relationship with the rebels – whether this is the NPA or the MILF (Moro Islamic Liberation Front) or the MNLF (Moro National Liberation Front). I'm sad that was not even heard during the committee hearing," Taguiwalo told Rappler when asked about the issue.

“They never opened it. I think I deserve due process. I was a victim of Martial Law. I was tortured, I was imprisoned. If the military [has] charges against [me] during [my] time as DSWD secretary, [they should] have opened it up. But nobody asked me,” she said.

Fear of life? But where’s accountability?

A nominee of the Left to the Duterte Cabinet, Taguiwalo was an activist during the Martial Law years and was tortured during the term of the late dictator Ferdinand Marcos.

She said her links with the Left "have never been a secret" and that these never affected her capacity to serve.

"Is being categorized as Left a deterrent to good public service? I dont think so. I’ve used the resources of this office and department for the people," she said.

Taguiwalo slammed lawmakers for not stating reasons for her rejection.

But at least 3 CA members said they could not say it out in the open for “fear of their lives.” They also said they could not even raise the issue with her because they would be “marked” as enemies.

“[If you ask that or raise that,] you're putting the member at risk. That’s the reason why di na binabanggit yan (it's no longer mentioned). It’s because their lives are at stake. whoever starts pointing out that it is difficult to give resources to somebody who is Left-leaning, or to give somebody with deep connection to the Left that far-reaching powers of hiring people,” one source said.

With secret voting, no one could really be sure who voted for and against Taguiwalo. Some showed their ballots to the others while some did not.

“Others decided to speak for her, maybe even if they didn’t really vote for her, just to register na di ako kalaban, di ako magiging kalaban. (I'm not an enermy, I won't be an enemy.) Who knows?” one member said.

Contrary to what people think, 3 CA sources said the House contingent, known for bloc voting, did not vote as a group against Taguiwalo’s confirmation.

This was seconded by Davao Oriental Representative Joel Mayo Almario, who said such practice is only true for non-controversial appointees.

“But for controversial ones like Gina Lopez and Judy Taguiwalo, it’s not the case. Each one has his or her own standing,” Almario claimed. But with concealed voting, there is no way this could be confirmed.

Eight senators have so far claimed that they voted in favor of the DSWD chief – Senate President Pro-Tempore Ralph Recto, Majority Leader Vicente Sotto III, Minority Leader Franklin Drilon, Senators Juan Edgardo Angara, Loren Legarda, Juan Miguel Zubiri, Paolo Benigno Aquino IV, and Francis Pangilinan.

With the secret voting policy in place and with two more controversial appointees to be heard – Health Secretary Paulyn Ubial and Agrarian Reform chief Rafael Mariano, another Left-leaning official – questions on accountability and transparency are likely to hound the powerful CA.
https://www.rappler.com/newsbreak/in-depth/179157-ca-reasons-rejection-judy-taguiwalo-npa

Jihadism back from the dead in Southeast Asia

From East Asia Forum (Aug 19): Jihadism back from the dead in Southeast Asia (By Zachary Abuza)

Within any Salafi-jihadist organisation there lies a debate over strategy: should the organisation target the enemy at home or the one further afield, like Western backers of the government? In Southeast Asia this debate has erupted in recent years.

The Al Qaeda affiliate Jemaah Islamiyah (JI) spent years engaging in sectarian domestic conflict before taking up a larger-scale international approach with the 2002 Bali bombings. But that attack was largely at the impetus of Al Qaeda, and from 2003–09 JI only managed to perpetrate roughly one major attack against a Western tourist venue annually. And with each attack, more of the organisation was dismantled.



This provoked a debate within JI between advocates of the Al Qaeda line and proponents of a sectarian conflict-based strategy. Neither side prevailed. Despite attempts to bridge the divide and establish a training camp in Aceh, JI splintered in 2010, and became a more or less defunct organisation which was incapable of military operations.

The 2014 emergence of the so-called Islamic State (IS) revitalised terrorist networks in Southeast Asia. Since 2014, a number of IS-inspired attacks and plots have been perpetrated following recruitment efforts by Indonesian and Malaysian leaders in Raqqa. But the majority of militants from the region still remain preoccupied with the far enemy and with joining IS. An estimated 1000 Southeast Asians have travelled to Iraq and Syria. Indeed, the fact that many travelled with their families, or ceremoniously burned their passports, suggests they had no intention of ever returning.

Many wanted to be part of the caliphate, attracted by IS promises and slick propaganda. Some simply saw themselves as being too weak at present to take on their government back home. Others perceived fighting with IS as a way to burnish their jihadi credentials and gain military skills before returning home to focus on the domestic enemy.

Groups and cells across Southeast Asia declared ‘bay’ah’ — an oath of allegiance — to IS leader Abu Bakr al-Baghdadi. But IS did not recognise any Southeast Asian cell or group until January 2016, when IS referred to Isnilon Hapilon of the Abu Sayyaf as ‘sheikh’, and called on other groups that had pledged ‘bay’ah’ to IS to fall under his leadership. That recognition allowed militants in the region to once again re-orient themselves towards the domestic enemy as they sought to establish a ‘wiliyat’ — a province of the caliphate.

This movement escalated following a mid-2016 video produced by IS central media that called on Southeast Asian recruits to travel to Mindanao or to engage in operations in the region if they could not travel to Syria. The trip to Syria has become more perilous with greater international cooperation among security forces. Hundreds of Southeast Asian recruits had been turned back by Turkish authorities, including 430 Indonesians alone.

The recent success of IS-pledged militants in tying down the Armed Forces of the Philippines for over two months will further attract followers and recruits. Sieging cities on two occasions, they have proven themselves as committed jihadists, willing to take the fight to the Philippine government. Marawi demonstrated the utility of targeting the domestic enemy. That in itself will attract foreign fighters from Southeast Asia and further afield. And with the Philippine military weak and spread thin, more attacks make both tactical and strategic sense.

The pogroms from Myanmar will also provide a new pool of talent to recruit from and networks to penetrate. The ongoing sectarian cleansing against the 1.1 million Muslim Rohingya minority in Myanmar has led to the deaths of over 600 and the displacement of over 75,000. The situation is growing more dire by the day with some 140,000 living in squalid internally displaced person camps, and over 40,000 others currently displaced by pogroms, much of which have been caused by Myanmar’s security forces.

Indonesian authorities have now broken up two terrorist plots to blow up the Myanmar embassy in Jakarta. Recently, an armed militant group, the Harakat al-Islamiyah (HAY), has begun operations against Myanmar’s security forces, at the same time that IS has begun to reference the Rohingya in its (albeit diminished) media. There are signs that HAY is trying to recruit from Rohingya refugees in Bangladesh, with a surge in arrests of Bangladeshi nationals across the region.

The July 2017 decision by Indonesian President Joko Widodo to ban Hizbut Tahrir is also likely to inflame the anger of Islamist militants in Indonesia. While Widodo is rightfully concerned about conveyor groups — such as Hizbut Tahrir — the ban is likely to put the Indonesian government back in the cross hairs. The Indonesian government’s threat to ban the messaging app Telegram, resulted in the company removing 55 IS channels, another thing likely to incur the wrath of militants in the region and get them to refocus their energies towards the domestic government.

Further, there are several hundred terrorism suspects in Southeast Asian prisons, including over 200 in Indonesia alone. Most will be released in the coming years, and they will be unlikely to travel. And though Indonesia touts its de-radicalisation program, it is not compulsory and its prisons have long been key nodes of recruitment and indoctrination.

The loss of the caliphate has led to a shift in attention back to the domestic enemy in Southeast Asia. Until a militant Salafist group emerges from the embers of IS, the more distant enemies will recede in the strategic thinking of Southeast Asian militants.
[Zachary Abuza is Professor of National Security Strategy at the US National War College. The views expressed here are his own, and do not reflect the opinions of the Department of Defense, National Defense University, or the National War College. Follow him @ZachAbuza.]

http://www.eastasiaforum.org/2017/08/19/jihadism-back-from-the-dead-in-southeast-asia/

Justice Carpio bares invasion of PH islet

From the Philippine Daily Inquirer (Aug 20): Justice Carpio bares invasion of PH islet


Senior Associate Justice Antonio Carpio

Supreme Court Senior Associate Justice Antonio Carpio urged the government to act on what he called an “invasion of Philippine territory by China” as he confirmed Chinese ships were now guarding a newly created island well within Philippine territorial waters in the West Philippine Sea.

In a statement on Saturday, Carpio said two frigates, a coast guard vessel and two fishing boats of China were guarding Sandy Cay, a sandbar some 4.6 kilometers (2.5 nautical miles) from Philippine-occupied Pag-asa Island that had permanently protruded above the water.

Carpio, in his statement, said the Chinese ships were “well within” the 22 km (12 nautical miles) territorial sea of Pag-asa and could not claim “innocent passage” or invoke freedom of navigation in the high seas to explain their presence in the area.

“Sandy Cay is a Philippine land territory that is being seized (to put it mildly) or being invaded (to put it frankly) by China,” Carpio said.

The senior Supreme Court justice was part of the team that won the arbitral ruling last year that invalidated China’s sweeping claims to the South China Sea that infringed on the Philippines’ exclusive economic zone in the West Philippine Sea.

‘Seizure of PH territory’

Should China succeed in occupying Sandy Cay, Carpio warned, Pag-asa would lose a third of its territorial sea including Zamora (Subi) Reef, which China had turned into an artificial island outpost.

“This means China is now virtually occupying a new geologic feature within the territorial sea of Pag-asa, a Philippine territory, in clear violation of China’s supposed vow not to occupy anymore islands in the Spratlys,” Carpio said.

“This is worse than what happened in Scarborough Shoal,” he added, referring to Bajo de Masinloc or Panatag Shoal off Zambales which became the center of a territorial dispute in 2012 between China and the Philippines.

“By any yardstick, this is seizure of Philippine territory,” Carpio continued.

Addressing President Duterte and Foreign Secretary Alan Peter Cayetano, Carpio reminded them of a promise they made not to concede a single inch of Philippine territory to China.

“The very least that they could do now is to vigorously protest this invasion of Philippine territory by China,” Carpio said.

“If both are courageous, they should send a Philippine Navy ship to guard Sandy Cay, and if the Chinese Navy ships attack the Philippine Navy vessel, they should invoke the Philippine-US Mutual Defense Treaty,” Carpio added.

The treaty provides for US military backing should the Philippines come under attack by a foreign aggressor and call for help.

Cayetano calm

Last week, Cayetano played down a report made by Magdalo Rep. Gary Alejano about the presence of Chinese ships near Pag-asa. Cayetano said the “mere presence of Chinese ships” in the West Philippine Sea was no cause for alarm.

Sandy Cay used to be a sandbar that appears only during low tide and disappears during high tide between Pag-asa and Zamora Reef.

However, due to China’s dredging in Zamora Reef, pulverized corals were swept atop Sandy Cay, turning it into “land or territory capable of sovereign ownership,” according to Carpio.

But Carpio said China could not lay claim to the newly created island even under its discredited historic claim since Sandy Cay formed within the Philippines’ territorial sea.

“If Sandy Cay becomes Chinese territory, it will reduce by a third or more Pag-asa’s territorial sea, depending on how large a reclaimed area China will create out of Sandy Cay,” Carpio said.

“It will also prevent the Philippines from extending the territorial sea of Pag-asa to include Subi (Zamora) Reef,” he said.

Carpio said the Chinese ships had prevented a Philippine Bureau of Fisheries and Aquatic Resources vessel from approaching Sandy Cay. “China obviously wants to physically possess and control Sandy Cay,” he said.

http://globalnation.inquirer.net/159857/antonio-carpio-maritime-dispute-south-china-sea-west-philippine-sea-sandy-cay-pag-asa-island

US, SEA start naval exercise today

From Malaya Business Insight (Aug 21): US, SEA start naval exercise today

UNITED States and Southeast Asian navies and coast guards are due to commence today a maritime exercise, South East Asia Cooperation and Training (SEACAT) Exercise 2017, to improve interoperability in combating terrorism and illegal drugs.

Philippine Coast Guard spokesman Commander Armand Balilo said the 11-day exercise will be held in various parts of the region, including Zambales and Sulu.

Balilo said the activity will kick off today with the conduct of academic seminar in Singapore; boarding workshop in Manila; and command post exercise in Singapore and Brunei.

Balilo said the actual at-sea exercise will be held in Singapore, Brunei and Philippines, including Subic, Zambales and Sulu sea.

“During the last phase, Command Post Exercise/ Field Training Exercise, a number of unscripted boarding provided by the US Navy will be carried out simultaneously in Singapore, Brunei and the Philippines,” said Balilo.

“Aircrafts and vessels from participating navies and coast guards will investigate, conduct and execute practical maritime responses such as MIO (maritime interdiction operation) or VBSS (visit, board and search and seizure),”  he said.

“The SEACAT 2017 will also have two tracking and boarding scenarios in the Philippines that will be conducted by the PCG in the West off Subic, Zambales and Philippine Navy off Sulu Sea respectively,” added Balilo.

Balilo said the PCG has dedicated three ships and about 50 personnel for the annual exerise. It was not immediately clear as to the number of troops and assets that will be deployed for the event.

Meanwhile, the US government is due to handover today a Tethered Aerostat Radar System to the Philippine Navy in a ceremony in San Antonio, Zambales, home to the Naval Education and Training Command.

The donation is scheduled to be turned over by Michael Klescheski, the US Deputy Embassy chief of Mission to the Philippines, to Navy chief Vice Adm. Ronald Joseph Mercado.

Navy spokesman Capt. Lued Lincuna said the balloon-borne radar “is expected to enhance the PN’s capability in maritime intelligence, surveillance, reconnaissance by effectively detecting maritime and air traffic within the country’s coastal waters using sensors.”

“Moreover, it will also be utilized in the conduct of humanitarian assistance and disaster response operations,” said Lincuna.

http://www.malaya.com.ph/business-news/news/us-sea-start-naval-exercise-today

Maute death toll now 581

From Malaya Business Insight (Aug 21): Maute death toll now 581

The number of Maute Group members slain in the armed rebellion in Marawi City, which is nearing its third month, continued to rise as government troops continued to clear a small part of the city of the terrorist group.

As of yesterday, 581 Maute men have been killed, with 638 firearms recovered, said Capt. Jo-ann Petinglay, spokeswoman of the military’s Western Mindanao Command and  Joint Task Force Marawi.

The figure is higher by eight compared to last Friday’s count.

The number of slain soldiers and policemen remained at 128 and civilians at 45.

About 50 to 60 Maute members are still left in the city, confined in a small battle area measuring 800 by 600 meters.

Asked when the military will finally end the conflict that started on May 23, Petinglay said, “We still have more than 400 structures to clear. Look at the structures being cleared and make an estimate how long it will take.”

Petinglay said operating troops cleared 26 structures of Maute men and improvised explosive devices (IEDs) last Saturday. On Friday, said 32 buildings were cleared the previous day.

“The clearing depends on the structures… Some of them have been destroyed due to air strikes. They may be cleared of enemy presence but not cleared of IEDs or bombs. That’s one of the issues that that we are facing on the ground,” said Petinglay.

Petinglay also said soldiers are still facing two major challenges -- the presence of hostages and IEDs.

“If our soldiers will not be careful or (will be) careless in the clearing operation, they may hit the hostages. That’s one of the issues that we have to consider... The enemy is holding hostages which they are using as human shields, to the disadvantage of our troops,” said Petinglay.

http://www.malaya.com.ph/business-news/news/maute-death-toll-now-581

Esperon: Chinese at Pag-asa but not occupying sandbars

From Malaya Business Insight (Aug 21): Esperon: Chinese at Pag-asa but not occupying sandbars

NATIONAL Security Adviser Hermogenes Esperon Jr. yesterday confirmed the presence of Chinese ships at sandbars near the Philippine-occupied Pag-asa Island in the South China Sea or West Philippine Sea.

But the Chinese are not occupying the sandbars which are part of the disputed Spratly Islands, said Esperon, concurrent chairman of the multi-agency National Task Force for the West Philippine Sea.

“China has not seized sandbars in Pag-asa atoll.  There should be no alarm on that as long as they don’t occupy any of the sandbars,” he said.

Pag-asa is the biggest of the Philippine-held islands in the disputed Spratlys archipelago. It serves as the seat of government of Kalayaan town in Palawan. The town was created in June 1978 through Presidential Decree 1596. It is under the political jurisdiction of Palawan but under the “custody and administration” of the Armed Forces. Soldiers are posted at Pag-asa island.

Esperon declined to say when the Chinese ships were first seen at the sandbars and what are they doing there, if they are not there to occupy the area.

On Tuesday last week, Magdalo party list Rep. Gary Alejano said he has information that two Chinese frigates, a Chinese coast guard ship, and two Chinese fishing boats are at the sandbars since three days earlier.

Alejano, a former Marines captain, said the Chinese ships even prevented vessels of the Bureau of Fisheries and Aquatic Resources from going near the sandbars, about one to three nautical miles from Pag-asa island.

Last Saturday, Supreme Court Senior Associate Justice Antonio Carpio said Chinese ships are guarding “Sandy Cay,” a sandbar between Pag-asa and Zamora (Subi) Reef. The sandbar appears for only for a few months.

Esperon confirmed that Chinese fishing vessels are at the sandbars.

“There are many Chinese, as well as Vietnamese, fishing boats in and near Pag-asa Island and its nearby sandbars, collectively called Pag-asa atoll,” said Esperon, a former chief of staff of the Armed Forces.

“Spratlys is disputed area,” he added, further saying government is not is not dropping the country’s claims over the Spratly Islands.

The Spratly Islands, a chain of islands and islets, is believed to be rich in oil and minerals deposits. It is being claimed in part or in whole by the Philippines, China, Malaysia, Vietnam, Vietnam, Brunei and Taiwan.

“We are not giving away any inch of our claims, nor any part of our entitlements under UNCLOS (United Nations Convention on the Law of the Sea) of 1982. And those of PCA/ tribunal ruling of July 2016…,” he said.

Esperon was referring to the UN’s Permanent Court of Arbitration that invalidated China’s excessive nine-dash-line claim in the South China Sea. The ruling also upheld Philippines’ right to its 200-mile exclusive economic zone.

“Pag-asa is in the middle of the Spratlys where we have nine occupied high-tide features, islands,” said Esperon. He said China is occupying seven recently-reclaimed reefs, three of them have three-kilometer airstrips.

“The nearest Chinese airstrip is in Subi reef which is 12.5 NM (nautical miles) southwest from our Pag-asa. It (Subi reef) used to be a low tide feature but it is now 540 hectares,” he said.

A Washington-based think tank has said China has installed weapon systems at the reclaimed reefs. Defense and military officials have said the development is a cause for concern.

AFP chief Gen. Eduardo Año has declined to confirm or deny the presence of the Chinese ships at the sandbars.

http://www.malaya.com.ph/business-news/news/esperon-chinese-pag-asa-not-occupying-sandbars

Army tries to ‘zero in' on location of rebels

From the Visayan Daily Star (Aug 19): Army tries to ‘zero in' on location of rebels

The Philippine Army continues its combat operations and intelligence monitoring to pinpoint the exact location of New People's Army rebels, who had claimed responsibility for the ambush-slay of six policemen and a civilian in Guihulngan City, Negros Oriental, last month, Maj. Gen. Jon Aying, 3rd Infantry Division commander, said.

“We are now trying to zero in on their exact location, for us to get them,” he added.

The Leonardo Panaligan Command of the NPA, who claimed responsibility for the ambush of the Guihulngan policemen, also reported to have confiscated 17 firearms.

Senior Supt. Henry Biñas, provincial police director of Negros Oriental, said they have already established the identities of the rebel ambushers.

Aying admitted that some of the communist rebels, who had reinforced their comrades in central Negros in the staging of the ambush, splintered into small groups, and already returned to their areas.

But Aying still believes that the main bulk of rebel ambushers are still in central Negros.

The return of the 11 th Infantry Battalion in central Negros is now being requested by local officials in Negros Oriental.

http://www.visayandailystar.com/2017/August/19/negor1.htm

Delay hits gov't plan to fix runway in West Philippine Sea

From Rappler (Aug 20): Delay hits gov't plan to fix runway in West Philippine Sea

Construction has yet to start 4 months since Defense Secretary Delfin Lorenzana announced the need to immediately repair the Philippine airstrip on Pag-asa Island



PAG-ASA ISLAND. About a hundred Filipinos live in one of the biggest islands in the Spratlys.

Philippine security officials are blaming "weather conditions" for failing to start the long-awaited repair of its dilapidated runway in the West Philippine Sea (South China Sea) 4 months since the plans were announced. (READ: PH plans for Pag-asa to test Duterte's friendship with China)

Defense Secretary Delfin Lorenzana said the runway in Pag-asa (Thitu) cannot be expected to be fixed within the year.

"Hindi natin magagawa ngayong taon na ito (We can't do it this year)," Lorenzana said during a budget hearing at the House of Representatives on Monday, August 14. (READ: PH allots P1.6B to fast-track construction on Pag-asa)

Lorenzana visited the island in April 2017 and committed to fast-track the repair of the runway on the second biggest naturally occuring island in the Spratlys, where about a hundred Filipinos are residing. (READ: The residents of Pag-asa: Life on a disputed island)

Navy chief Vice Admiral Ronald Mercado said the construction company will do its best to start the construction soon.

"Weather conditions gave some limitation on the tranpsort of construction equipment to Pag-asa. The sea condition is a bit rough right now. But they have intimated to us they will do their best to start the construction of the beaching ramp," Mercado told lawmakers asking updates on the projects.

China protested Lorenzana's visit in April, pushing its claim over practically the entire South China Sea.

President Rodrigo Duterte previously planned to visit the island and plant a Philippine flag there himself. He backed out after protests from China, but he maintained that it is his duty to repair the runway there.

Duterte warmed Philippine ties with China after tense relations with his predecessor President Aquino, who led and won an international arbitration case against China claims over the West Philippine Sea.

But China continues to develop reefs it reclaimed, raising alarm from observers despite continued assurances from the Philippine government that the situation is better. (READ: Photos show Cayetano, Wang wrong on China reclamation)

There are concerns, too, that China might be eyeing to occupy sandbars near Pag-asa island. Its ships are recently spotted too close to the Philippine-occupied island.

 

 http://www.rappler.com/nation/179324-delay-pagasa-runway-repair

PH Navy gets radar system from U.S.

From Rappler (Aug 20): PH Navy gets radar system from U.S.

The Tethered Aerostat Radar System (TARS) is a balloon-borne radar that will boost the country's capability to patrol its maritime territories
 

The United States donated a Tethered Aerostat Radar System (TARS) to the Philippine Navy to boost its capability to monitor maritime and air traffic amid continuing concerns in the West Philippine Sea (South China Sea).

Philippine Navy spokesman Commander Lued Lincuna said a formal turnover ceremony is scheduled on Tuesday, August 22, a month after the radar system arrived in the Philippines, based on photos that circulated online in July.

Navy chief Vice Admiral Ronald Mercado and the US embassy's Deputy Chief of Mission Michael Klescheski are expected to attend the ceremony at the Naval Education and Training Command (NETC) in San Antonio, Zambales.

TARS is a balloon-borne radar that uses Lighter-Than-Air (LTA) technology. It is widely used by the US to monitor its borders, mostly to prevent trafficking of drugs and people.

"It is expected to enhance the Philippine Navy's capability in maritime intelligence surveillance reconnaissance by effectively detecting maritime and air traffic within the country's coastal waters using sensors," said Lincuna.

The TARS also includes a weather station that transmits data on ambient temperature, pressure, wind speed, and other pertinent parameters in the operation of the system.

Lincuna said it can also be used in the conduct of Humanitarian Assistance and Disaster Response (HADR) operations.

The donation follows the arrival of two surveillance aircraft also from the US – the Cessna C-208B Grand Caravan.



http://www.rappler.com/nation/179332-philippine-navy-tars-radar-maritime-surveillance

Security forces capture 13 ‘lawless elements’ in Southern Philippines

From the Mindanao Examiner (Aug 20): Security forces capture 13 ‘lawless elements’ in Southern Philippines

Government troops and policemen captured 13 gunmen, including a notorious Abu Sayyaf member involved in ransom kidnappings in the southern Philippines, officials said Sunday.

Officials said 7 armed men were arrested on Friday in Lugus town in Sulu, one of 5 provinces under the Muslim autonomous region; and the Abu Sayyaf member, Fahar Ishmael in the town of Indanan on Wednesday. Their capture was not immediately made public because of ongoing operations against the Abu Sayyaf and other lawless groups.

Ishmael is being implicated by the military in the kidnappings of Marso Salinas and Evelyn Chan, and is also facing a string of murder charges. “Ishmael is now under custodial investigation,” said Captain Jo-ann Petinglay, a spokeswoman for the Western Mindanao Command.

She said the other arrested “lawless elements” were also being interrogated separately after soldiers seized assorted rifles and ammunition from them. Petinglay did not say whether the 7 men were members of the Abu Sayyaf or private armed gang.

Petinglay said 5 other lawless elements were also arrested Thursday in the town of Kalamansig in Sultan Kudarat province, but their leader Tenti Mangain managed to escape in the raid on the village of Ito Andong. She said security forces seized 5 automatic rifles, a pistol and a grenade, including military uniform and ammunition.

“Military and police operations continue against lawless elements in southern Philippines as part of government efforts to curb criminality and terrorism and protect the public from harm,” she said.

http://mindanaoexaminer.com/security-forces-capture-13-lawless-elements-in-southern-philippines/

Retired military doc named new VMMC chief

From the Philippine News Agency (Aug 20): Retired military doc named new VMMC chief

Retired Brig. Gen. Mariano A. Mejia, former head of the Armed Forces of the Philippines (AFP) Medical Center, was appointed as Chief of Medical Staff of the Veterans Memorial Medical Center (VMMC) in Quezon City.

In a statement released on Thursday, the Department of National Defense said Mejia's oath-taking ceremony was presided by Defense Secretary Delfin Lorenzana last August 15.

Prior to his appointment, Mejia also served as AFP Surgeon General, Army Chief Surgeon and commander of various military hospitals and facilities such as the Fort Bonifacio General Hospital, Camp General Emilio Aguinaldo Hospital, among others.

His numerous accomplishments, awards and decorations in the AFP was capped with his hosting of the 6th ASEAN Chiefs of Military Medicine Conference at the EDSA Shangri-la Hotel, Mandaluyong City in July 2016.

With the theme “Global Climate Change: Challenges to the ASEAN military medicine,” the successful conference was attended by delegates from Brunei Darussalam, Cambodia, Indonesia, Lao People’s Democratic Republic, Malaysia, Myanmar and Singapore.

http://www.pna.gov.ph/articles/1006879

PH, Thailand ink TOR for joint committee on military cooperation

From the Philippine News Agency (Aug 20): PH, Thailand ink TOR for joint committee on military cooperation

The Philippines and Thailand has signed the terms of reference (TOR) for the Joint Committee on Military Cooperation (JCMC) last August 17.

The TOR was signed by Department of National Defense (DND) Undersecretary Cardozo M. Luna and Thai Permanent Secretary for Defense General Chaichan Changmongkol.

DND Secretary Delfin Lorenzana and Thai Ambassador to the Philippines Thanatip Upatising Signing witnessed the signing.

The defense chief said the endeavor completes the series of arrangements that have been previously inked at the level of the two countries’ major services, with that of the Philippine Navy being signed in 2012, Philippine Army in 2015 and Philippine Air Force in 2016.

With the TOR signed, the JCMC convened for the first time. co-chaired by DND Assistant Secretary Raymund Quilop and Thai Deputy Permanent Secretary for Defense General Chatudom Titthasiri, the committee assessed the current state of Philippines-Thailand defense cooperation and identified ways forward for the partnership.

With both sides acknowledging the robustness of the two ministries’ defense engagements, there was a shared sense to explore cooperation in the areas of research and development as well as science and technology, in recognition of the increasing need to develop defense capabilities that are indigenous to the two neighbors.

The two delegations also exchanged views on current and emerging security issues such as violent extremism and terrorism, maritime security and humanitarian assistance and disaster response (HADR).

Both sides expressed mutual support for each other’s advocacies and initiatives within the ambit of the ASEAN Defense Ministers Meeting (ADMM) and the ADMM-Plus.

With Thailand’s assurance of continued support to the Philippines’ chairmanship of the ADMM this year, the Philippine delegation thanked Thailand for its tangible contributions to the ASEAN defense sector, to include the establishment of an ASEAN Center for Military Medicine.

http://www.pna.gov.ph/articles/1006873

CA upholds Pemberton's conviction on killing of Jennifer Laude

From the Philippine News Agency (Aug 20): CA upholds Pemberton's conviction on killing of Jennifer Laude

The Court of Appeals (CA) junked the motion for reconsideration filed by United States Marine Lance Cpl. Joseph Scott Pemberton, who was tagged in the killing of transgender woman Jennifer Laude in Olongapo City in October 2014.

 

In a 12-page resolution penned by Associate Justice Marlenez Gonzales-Sison and concurred in by Associate Justices Ramon Cruz and Henri Jean Paul Inting, the CA’s 16th Division has affirmed its decision last April 3, 2017 which found Pemberton guilty beyond reasonable doubt of homicide.

 

The Court also denied the Office of the Solicitor General’s partial motion for reconsideration insisting that Pemberton is not entitled to be given full credit of the time he spent under preventive imprisonment as he did not voluntarily agree in writing to abide by the same rules imposed upon convicted prisoners.

 

In denying both pleas, the CA held that the arguments presented were mere “rehash of the issues” already discussed in its April 3, 2017 decision.

 

“With respect to Pemberton’s motion, we maintain our ruling that his invocation of self-defense is an admission of the killing and of its authorship,” the CA explained.

 

“Pemberton’s contention that he was only raising complete and incomplete self-defense in the physical injuries he inflicted upon Jerry Serdoncillo y Laude alias ‘Jennifer’ (Laude) is bereft of rhyme or reason as the former was not charged for any physical injuries but of homicide, “ the CA ruled.

 

The CA noted that in justifying circumstance of self-defense, Pemberton was just trying to exonerate himself or reduce his penalty from the charge of homicide.

 

“Consequently, we reiterate that self-defense when invoked as a justifying circumstance implied the admission by the accused that he committed the criminal act,” it added.

 

But, the CA maintained that Pemberton’s claim of self-defense cannot be given weight due to his failure to prove that he was attacked by Laude and that his life was in peril on the night of the incident.

 

“The allegation of Pemberton that he was slapped by Laude could not even be corroborated by any medical findings. Worthy to note that according to Pemberton, the slap he allegedly received made his ear ring which if true should have promoted Pemberton to immediately seek medical attention,” it explained.

 

Furthermore, the CA said if Pemberton was only trying to defend himself, he should have sought medical assistance for Laude as soon as the latter was subdued and allegedly rendered unconscious.

 

“Indeed, a pelae of self-defense cannot be justifiably appreciated where it is not only uncorroborated by independent and competent evidence, but also extremely doubtful by itself. Self-defense, like alibi, is a defense which can easily be concocted as it is in this case,” the CA held.

 

The CA added that Pemberton’s immediate escape from Celzone Lodge where Laude was found dead is an indication of guilt.

 

“The bits of evidence, pieced together, point to Pemberton as the killer of Laude, Ostensibly, our rules make no distinction between direct evidence of a fact and evidence of circumstances from which the existence of a fact may be inferred. Pemberton’s criminal liability for homicide stands,” the CA ruled.

 

The CA also upheld the award of loss of earning capacity to the heirs of Laude amounting to PHP4.32 million

 

In its April 3, 2017 decision, CA affirmed the ruling of Olongapo City Regional Trial Court Branch 74 which found Pemberton guilty of homicide and sentenced him to a maximum of 10 years of imprisonment as ordering him to indemnify the heirs of his victim Jeffrey “Jennifer” Laude, a Filipino transgender, on October 11, 2014.

 

Pemberton has been meted a penalty of up to 10 years imprisonment after he was convicted of homicide. He was also ordered to pay PHP4.3 million for loss of earning capacity, PHP30,000 for exemplary damages, PHP50,000 each for civil indemnity and moral damages.

 

The CA said for an unlawful aggression to exist, there has to be an actual physical assault or at least a threat to inflict real imminent injury.

 

On Pemberton's claim that Laude fought like a man, slapped him that made his ear ring, the CA noted that a general physical examination conducted on Pemberton showed no sign of injury on his head and face.

 

The CA said there was no physical evidence that would suggest that Pemberton was first slapped by Laude or that he was in grave danger that prompted him defend himself.

 

“Indeed, a plea of self-defense cannot be justifiably appreciated where it is not only uncorroborated by independent and competent evidence, but also extremely doubtful by itself. Self-defense, like alibi, is a defense which can easily be concocted as it is in this case,” the CA ruled.

 

Likewise, the Court did not give weight to Pemberton’s plea that his voluntary surrender should have been appreciated in his favor as mitigating circumstance considering that he was detained in Camp Aguinaldo as early as December 2014 or before his warrant of arrest was issued on December 16, 2014 and that there was no intention on his part to commit such a crime.

 

The appellate court noted that the case was filed against Pemberton on December 15, 2014 or four days before Pemberton presented himself to the trial court.

 

It added that physical evidence also contradicts Pemberton’s claim that he had no intention to commit so grave wrong.

 

“As proven by the prosecution, Pemberton did not leave Laude merely unconscious, but ensured his death by submerging his head inside the toilet bowl. Clearly, Pemberton intended the natural consequence of his wrongful act,” it pointed out.

 

The CA, meanwhile increased the PHP100,000 (PHP50,000 each ) civil indemnity and moral damages to PHP150,000 (PHP75,000 each) because recent jurisprudence showed that the amount imposed should be the latter.

 

On the other hand, the actual damages of PHP155,250.00 was affirmed after Laude's family was able to produce receipts of expenses incurred for the autopsy, wake and burial.

 

The CA further said that Pemberton shall pay 6 percent interest per annum on all civil liability from the finality of the decision until fully paid.

 

In his MR, Pemberton through his lawyer Rowena Garcia Flores asked the CA’s 16 Division to reverse its decision dated April 3, 2017 and also reverse the Olongapo City Regional Trial Court (RTC) Branch 74 decision dated Dec. 1, 2015 and the RTC order dated  March 29  2016, and declare Pemberton not guilty of the crime of homicide.

 

He maintained that the wounds he inflicted on Laude were in self-defense while they were fighting after he discovered that the victim was a transgender.

 

Pemberton lamented that the CA “cherry-picked the evidence presented in court in order to sustain his conviction and completely ignored the defense evidence.

 

Pemberton is the second US soldier to be involved in a criminal act in the country since 2005, when Lance Corporal Daniel Smith was charged and later on convicted for the rape of a Filipino woman.

 

Last Dec. 4, 2006, Makati Regional Trial Court (RTC) Branch 139 Judge Benjamin Pozon convicted Smith and sentenced him to 40 years in prison for sexually assaulting the complainant at the former US naval base in Subic Bay, Zambales last November 1, 2005.

 

http://www.pna.gov.ph/articles/1006894