Serving the peop e, securing the

""""

TABI..£ OF CONTENTS

19 JULY 2012
PAS£.

NR
1

TITLE/SUMMARY~RITER
Weather Forecast ARMY" RELATED Bemedalled soldier tapped to win peace ISSUES

NEWSPA.PER
Phil Star p. A-22

2

A Scout Ranger officer awarded a medal of Valor for a feat against the terrorist Abu Sayyaf Group has been named head of the Civil Military Operations Group, the Army's arm in winning the peace through community development

-

Malaya p. 8-2

CAFGU, pisak sa bato
Pisak ang isang myembro ng CAFGU n9 madaganan ng mala king tipak ng baton a bumagsak sa kanya sa isang quarry site noong araw n9 Lunes sa Bgy, Semba, Datu Odin Sinsuat, Maguindanao.

-

Abante p, 3

3
Sayyaf tim bog Nasakote kahapon ng pulisya ang isang myembro ng Abu Sayyaf na sabit umano sa iba't-ibang pagpatay at kidnappings sa magulong lalawigan ng Basiian sa Muslim Autonomous Region sa Mindanao. Abante p. 3

AFP RELATED ISSUES
Stop kHlingsm PNOy urged Inn rights group raps President over slays
4-5 The New York-based Human Rights Watch (HRW) yesterday took President Aquino to task for faiting to address the killings of environmental advocates while promoting mining in the country. Stay out of PH seabed, Palace warns China The Philippine government warned China against sending any of its submarines or sea vessels within Philippine territory in preparation for next year's commercial mining of the seabed in the Spratlys by Beijing.

-

PDI p, A-1

-

Manila Times p. 1

Korapsyon sa AFP lalong lumala kay P-Noy 6-7 Lider n9 Abu Sayyaf na may P6-M sa ulo, timbog
Nakorner kahapon ng umaga ang isang kinilafang kilabot na bandidong Abu Sayyaf Group na naharap sa kasong (kidnapping with serious illegal detention) at may patong na P6 milyong pabuya ang ulo, naganap ang pagdakip sa kanya sa Bgy Tandung Ahas, sa Lamitan City, Basdan island province, sa ulat na nakarating sa punong tanggapan ni Philippine National Police chief Diretor Gen. Nicanor Bartolome. Rights group urges Noy to stop killings of anti-mining activists The New York-based Human Rights Watch (HRW), a global rights body, has urged President Aquino to stop the killings of anti-mining activists as the Phllipplnes pushes to revitatize the mining sector.

Police Files p. 3 Police Files p, 3

-

Phil Star p. 2

8

Emergency state: it's president's call 9
Only the President can declare a state of emergency and call on the military and the police to suppress lawless violence in any part of the country, the Supreme Court (SC) ruled yesterday.

-

Manila Bulletin p. 3

10

11

Palace to China: Match your words with action The Philippine would not abdicate its sovereignty over the West PhHippine Sea despite China's continuous deployment of vessels and the estab1ishment of a legislative body to oversee three disputed islands, Malacatiang said yesterday. Violation hinaharap ng aroganteng pulis na nakagitgitan ng PSG Driving without a driver's license using a private vehicle with an illegally installed siren and improperly placed plate numbers, and not giving way to police vehicles. Ito ang mga paglabag sa batas trapiko na hinaharap ni SP02 Ricardo Pascua matapos niyang makagitgitan ang convoy ni Panguglong Benigno S Aquino 111 Commonwealth City noong sa Martes.

Phil Star p. 1

-

Balita

p. 2

IIDITO{{IAL/COMM£1IT Alf'i /OpiNRON
12
JMomentum

IPhil

Star p. 10

ONUNEN£W'S
BemedaUed officer heads Anny civil operations 13
An experienced combat officer and Medal of Valor recipient has been named head of the Army unit tasked to conduct development projects intended to curb insurgency. AFP avoiding escalation of tension in dispute seas The Armed Forces of the Philippine (AFP) is adopting a "do nothing policy" so as not to further complicate the prevailing tension in the West Philippines Sea (South China Sea), a military spokesperson said Wednesday. Air Force to acquire 10 new attack helicopters The Philippines win acquire 10 attack helicopters starting next year in a bid to boost the capabilities of the pcorfy-equipped military an air force spokesman said yesterday_
1

-

'ww\"'-Qhilsfar,com

www.ghiistar.com

14

Oaily Tribune p. 1

15

:-\-, ;~",:- .':'.:.:.

. .'-r-':"

lf July 2012

Page:

j, -4)l

·WEA.tHERFt0~tA.St
.pre$S1}i(!.· •..

i\ii2,p;rii;Y~$~~t~~>~al()'~

·•th~g2.~I)lSi7~/f6.f.·.~entra.l··· .
.mostlyd0#4Y
std·· tri1$,i~C

arefl.~~i:;·.·~stlril~ted·.· •.

·sa~~asa:.t\dMf rainshQ'Wevi5

.·•·••• .••··S(\llth.etit.r. ·

\f.~~.
tOl~~~s~~~~~~i .
.·t()·mQderat~.,· ••.••. •... •••••..... / . ·.·.· •.••···.·· ·· .

Vijd.l~~t>~.'l.··"·'·····"·i ../

<

·the.•arch;ip~l~go ... W'i~Ili~~light··
.

..•. ·.·.telItperl!\lul'ef9r~~~~t$,
Metr°tviariila,24-:md . .. ·.aarkzone/4+32rM.~C~11'· 2S..srMct'rtlDaV/lO··24-3Z;<ind.

·.~~:;~'<:~U@~'~i¢ari8".
.at.l.31n'!l'ters.Sunriseis 'af 5:~6a,m; suns(!tat6:29p,#t,·.

_~~~~twlll~i

··f

om~Qf_~~PUlSUc.~Aiit$;;~;,~hOo.~.:._feJlIO.(82J892~1.LQQf.5281t52ssC
:-,.. _' _. -.'; "... - • ..- ~..~' :__ . ::,',w " ... ',.

,.

-1-

\" July2012

Page: ~

2

Bemedalled soldier tapped to win peace
BY· VICTOR REYES

A SCOUT Ranger officer awarded a Medal of Valor for a feat t against the terrorist Abu Sayyaf Group has been named head of the Civil Military Operations Group, the Army's arm. inwinrung the peace through community development. Col. Cirilito Sobejana became CMOG commander .last Tuesday, replacing Col. Felimon Santos.who was promoted to command the Army's Intelligence Security Group. Sobejana was previously the commander of

the 3rd Scout Ranger Battalion. Sobejana won the Medal of Valor in connection with a gun battle with at least 150 Abu Sayyaf terrorists in Isabela City in Basilan in 1995. Sobejana, then a captain, led a Scout Ranger company in the four-hour fight that led to the death of30 terrorists and wounding of several others. He himself sustained bullet wounds that almost severed his right arm. Though wounded, Sobejana "continuously stood his ground and remained in control, said Army spokesman Maj. Harold

Cabunoc. "He even maneuvered around, exposing himself to enemy fire to direct the encounter." "Now, he is about to triumph over another challenge, of leading the Civil Military Operations of the Army. If combatis utterly difficult, community work and partnering with civilian organizations are equally challenging, " said Cabunoc of Sobejana, a member of the Philippine Milltary Academy Class of 1987. Bayanihan, the military's blueprint in winning the peace within the term of President Aquino, was enforced by the military in

January 2011. It replaced the combat-heavy Oplan Bantay Laya of the Arroyo administration. "CMOG is the Army's arm in conducting non-combat activities, engaging civil communities and organizations. They are tapped by public schools for their maintenance programs, particularly in electrical, carpentry and construction works. CMOG also responds . in disaster relief operations, medical and dental missions, livelihood projects and trainings and other community outreach programs," said Cabunoc,

-2-

rq

July 2012

Pahina.

'3 ----

CAFGU,
pisak sa bato
Pisak ang isang miyembro ng Citizen Armed Force Geographical Unit (CAFGU) nang madaganan ng malaking tipak ng bate na bumagsak sa kanya sa isang quarry site noong araw ng Lunes sa Bgy, Semba, Datu Odin Sinsuat, Maguindanao. Sa nabalam na report ng 38th Infantry Battalion, . kinilala ang tauhan nitong namatayna si CAFGU active auxiliary Nonnan Garcia, 42. Ayon kay Lt. CoL Bernie Langub, commander ng 38th IB, aksidente ang nangyari kay Garcia. "Inaayos niya 'yung firing range para sa gagawing refresher course sa may . quarry site nang biglang gumuho 'yung bahagi ng Iugar atmaymganahulognatipak ng bate at lupa. Natabunan siya," ani Langub. Ilang minute rin bago nakuha si Garcia sa ilalim ng tipak ng bato at lupa at isinugod sa Camp Siongco Hospital para malapatan ng Junaspero binawian din siya ng buhaymakaraanng dalawang oras, (JB Salarzon)

Sayyaf timbog
ZAMBOANGA CITY .. - Nasakote kahapon ngpulisya ang isang notoryosong miyembro ng AbuSayyafnasabitumano sa iba't ibang pagpatay at kidnappings sa magulong ialawigan ng Basilan sa Muslim Autonomous Region sa Mindanao. Kinilala lang sa pangalang Arasani, ang bandido na nadakip mataposna matunton ng pulisya ang taguan nito sa Lamitan City. Hindi naman sinabi ng mga awtoridad kung may nakuhang mga armas kay Arasani. Maraming mga warrants of arrest si Arasani at matagal na umanong pinaghahanap ng pulisya at militar dahil sapagkakasangkot nito sa mga . atake sa sundalo at mga parak sa Basilan. (AI Jacinto)

rq

July 2012

Page:

AI

killi
Int'l rights group raps President over slays
By TJ Burgonio
"President Aquino has enacted decrees to encourage mining investment in the Philippines but has done little to stop attacks on environmental advocates," Elaine Pearson, HRW, deputy Asia director, said in a statement. "He should recognize that respecting human rights is crucial for economic development." The group observed that Executive Order No. 79, issued by Mr. Aquino on July 2 to institute reforms ill the mining sector, was silent on human rights abuses arising from mining investments and the deployment of paramilitary groups to the mines. '1 "While mining and other environmentally sensitive-projects promise economic benefits for Filipinos, they should not come iit the expense of basic rights, particularly the lives of environmental advocates," Pearson said. ,·'The government, sIte added, "should ensure that those responsible for these attacks are brought to justice," .,Margarito J. Cabal, 47, an organizer of a group opposing a hydroelectric dam in Bukidnon province;' was gunned down on May 9. He had told relatives he
STOP/All

,
Was under military surveil11ince, and had been called to 'meet the military about his activities. Police have neither in~estigated it nor made arrests, his relatives said. ; Jimmy Liguyon, a village clIief at Dao in San Fernando, Bukidnon, was allegedly shot dead by a leader of a paramilitary group on March 5. H~ ~d , refused to sign an agreement needed to secure a mining investment, and had been under military surveillance. The suspect remained at large. , Fr. Fausto Tentoria, a longtime advocate of tribal rights and a critic of mining, was shot dead on Oct. 17 in Arakan, North Cotabato. The local paramilitary group Bagani (tribal warriors) 'had' been blamed for the killing. No one has been arrested for his killing, , but the National Bureau of Investigation has recommended charges against four suspects. Tentoria's colleagues have alleged that some suspects :-vith military ties have been deliberately left out of the ~aseJ ~~d two witnesses and their families

THE NEW YORK-BASED Human Rights Watch (HRW) yesterday took President Aquino to task for failing to address the

killings of environmental advocates while promoting mining in the country

HRW said it had documented three cases of critics of mining and energy projects murdered, allegedly by paramilitary forces " since October 2011. It said that the activists had been vocal against projects that threatened to ruin the environment and displace tribal communities.,

-4-

have been in hiding while others have been threatened, according to HRW

Investigations urged
The New York-based group appealed to the government to . redouble its investigations of attacks on advocates, particularly when evidence-points to the involvement of the military or paramilitary forces; to arrest and prosecute the suspects, and to protect witnesses at risk HRW also lamented that several mining investments, in areas with large indigenous populations or are controlled by tribal groups had often resulted in conflicts among the people. In tribal communities, some back investors with the support of the military to acquire the necessary permits, while tribal. factions opposed to the investments sometimes get support from the communist New People's Army or other armed groups. "This has resulted in proxy conflicts pitting tribal groups against each other; resulting in numerous rights abuses," HRW said.

There are environmental and annmmmg advocates who feared for their life, HRW said. Sr. Stella Matutina, a Benedictine nun who led a grassroots campaign to oppose destructive mining in Davao Oriental, said she feared for her life because she was being tagged by the military as a communist. She and her fellow advocates said the tag stemmed from her opposition to mining. . '1\nd even in cases where suspects have been identified and face an arrest warrant, they may go unpunished. For instance, former Palawan Gov. Joel Reyes remains at large despite an arrest warrant for his role in the killing of journalist and environmentalist Gerry Ortega on Jan. 24, 2011," HRW said.

tal defenders, saying these abus-. es "have increased Significantly over the past few.months." HRW reiterated its can to Mr. Aquino to disband all paramilitary forces because of their long history of human rights violations, and revoke a 2011 directive that permits these forces to provide security for mining companies. ' "Aquino should' disband paramilitary groups that are being used to divide tribal communities and instill fear among the residents," Pearson said. "The' government crucially needs to hold accountable the military officers who are behind these abusive forces." .

Disband militia groups
The United Nations special envoys on human rights defenders and on extrajudicial executions issued a joint statement on July 9 assailing the Aquino administration for the attacks on human rights and environrnen-

Palace pins blame on courtsfor rights cases ·
MALACANANG yesterday stood. by the Aquino administration's human rights record, saying the government has been going after human rights violators. Told by reporters that the advocacy group Human Rights Watch (HRW) had slammed President Aquino for allegedly not doing enough against human rights abuses, presidential spokesperson Edwin Lacierda blamed the judiciary for the government's failure to prosecute rights violators. "Since you've mentioned that cases have been filed in court, obviously the ball.. is now with the judicial branch of government, .with the courts themselves," Lacierda said in yesterday'S news briefing in Malaeafiang. '1\nd, knowing the separation of powers, 1 cannot understand why Human Rights Watch would be blaming the Aquino administration or the executive branch for the seemingly slow pace of Judicial action. That is something that is within the purview of the judiciary:' "Insofar as going after the perpetrators, we continue to go after them," Lacierda said, pointing to a decline in index crime in Philippine National Police statistics. "The index crime has decreased for the first quarter. And (if you) compare the nurn"bers of 2011 to 2012, (they) have also gone down," Lacierda said. "So I do not necessarily agree with the position of Human Rights Watch." Retired Gen. Jovita Palparan remained at large despite a warrant for his arrest. Palparan is an accused in the disappearance of two UP students-Sherlyn Cadapan and Karen Empefio-during the Arroyo administration, Norman Bordadora

-5-

.'~July 2012

Page:~1 __

BY JAIME R. PILAPIL AND WILLIAM B. DEPASUPIL REPORTERS

government has warned China
against sending any of its submarines or sea vessels within Philippine territory in preparation for next year's commercial mining of the seabed in the Spratlys by Beijing.
Palace spokesman Edwin Lacierda said on Wednesday that China should think twice before deploying any of its manned submersibles to the Philippines' territorial

HE Philippine

• SEABED FROM A1

<

waters and stressed that Chinese ships should keep out of its exclusive economic zone (EEZ) . ButLaderda clarified that Beijing's hi db' ld wars IpS an . BU mannes cou freely traverse international waters. 'We don't know yet. They have. stated as much but we don't lmowyet

St aYOU.,t o.f PH· s~abe ., d '.
Datly, Beijing earlier said

eral deposits, the Armed Forcesof the eign Affairstoissue a statementtothat Philippines (AFP) remains calm. effect. But, again, the thrust of our The official in charge of the coun- policy isto maintain a stance of peace- • try's western defenses, Lt.Gen. Juan- fu1 resolution toward the settlement cho Sabban, AFPWestern Command of the incident in Scarborough so that chief, said on Wednesday that the has not changed. But, insofar as the presence of at least 30 Chinese fish- specifics are concerned, we will defer ing vessels in the Kagitingan Reef to the DFA,"he said, should not be a cause for alarm beThe DFAhad protested the setting cause the islet is outside the country's up of Sansha City earlier this month, 200-mile exclusive economic zone. following news reports about the inSabban conceded that the islet elusion of the Spratly islands, Parabelongs to China and has since been eel islands and Macclesfield Bank in occupied by the Chinese military, the new prefecture. He explained that the fishingves- .,: "I have already received a statesels were about 100 miles from n;ent from the Secretary of Foreign south west of Pag-asa Island and Aif,!irsand I quote: 'We have already though within the Spratly island pretested by diplomatic note estabgroup, it is muchdoser to Vietnam. lishment of Sansha City because the establishment of jurisdiction of Contentious Sansha City violates 'Philippine terIn a surprise political move, China ritorial sovereignty over the Kalayaan has placed the disputed areas in the Island group, also known as the .: West Philippine Sea, including the Spratly Islands. Kalayaan Island Panatag (Scarborough) Shoal, under group is covered under Republic Act 9512 on archipelagic baseline of the the administration of Sansha City. Philippines;" Iacierda said, Lacierda admitted that while the. ~::r:~s~~!~t President Benigno Aquino 3rd has yet to decide if he would send back Coast Guard ships . to the Panatag Shoal. He said that the Philippine cutter, for sure, would not be redeployed to the area so as . not to raise tensions there. At press time, Mr. Aquino was

f:s~a:~y~;e~:t~t~~ Vt~it~~:~~;~: ItS .ocean 11 lthi the political territory.o f marine research group will conduct whe pWh1'1: In. ... ... .. hili S t e, . l),.ppmes. tests in th.e West p. I ippme ,ea. ;'A,'t'':''o' ugh the' y claimed that' ) I 1U (South China Sea . In p;epar~u_on.\ Scarborough is theirs under the ninefor next year's; comm~raal mmmg dash line theory, we have always of the seabed III the disputed areat . tai d that the Scarborough' Chi .d th t it ld b send ! main arne . ma:31 a 1 wou e -: Shoal orthePanatagShoal is not dismg Its ~Ighly advanced manned I puted and it is within our exclusive submersible technology for the un, .one" he pointed out. if they are traversing in the interna.. economIc z, . tional waters and obviously there is dersea mission. As to reports that Sansha City has freedom of navigation in the interna- ( elected its legislative body, Lacierda tional waters and no one cao.. top any s 00. ., . . ...: deferred to the Department ofFor. Despite China S In.creasing acuVltymi. Affair (DFA) country from traversing these waters: th h I eign naus . he said in a press conference. anappar~~t~ovetoannex. e~ oe "Let's wait for a comment from Through the state-run China V>!est hilippine Se~, W~lch IS ~e- Foreign Affairs Secretary Albert del P heved to be awash With od and mm- Rosario before we make a reply. We

I

..

.': ···••. .•,.·.· · OFFIcEOF11fE~yCHEFPUSI.lCAFFAlF{$

...

En1aH..;;o~::p*:i~m,•.

-··.·{tl)-··,-_-···.·-·-1693.-··-·.· •• -L'"".·oCiI:-····.··••••.

-sm-.···.'.·-··-··.·-:<-'-!f •...•• -,-.-.

-6-

holding a closed door meeting with the security duster in Malacaflang, probably to discuss the recent movements of Chinese ships in the disputed waters. In attendance were Defense Secretary Voltaire Gazmin, National Security Adviser Cesar. Garcia, del Rosario and Executive Secretary Paquito Ochoa Ir, China is claiming the entire West Philippine Sea. Other claimant countries are Malaysia, Brunei Darussalam, Taiwan and Vietnam. The Philippines passed and ap· proved Republic Act 9522, which reaffirmed its claims to its territorial waters, induding its extended continental shelf, economic zones and the contested Kalayaan Group of Islands situated near Palawan. The law is also in compliance with the United Nations Convention on the Law of the Seas that was established in 1994. While the Philippines claims a number of shoals and reefs in the Spratlys, it is only in Kalayaan or Pag-asa island, the smallest town in the country, where there is a military presence. Kalayaan, which is part of Palawan, has a 1.3-kilometer airstrip. A school has also been built recently in the island despite China's protest China has maintained the presence of at least two of its maritime surveillance ships in the Panatag Shoal while none for the Philippines after a Philippine Coast Guard ship and a Bureau of Fisheries and . Acquatic Resources research ship' had been pulled out in the disputed area due to bad weather. Last week, a Chinese frigate also ran aground in Hasa- Hasa or Half Moon Shoal which is well within the country's EEZ. Sabban pointed out though that even though Hasa-Hasa is in Philippine territory, it is situated in an international sea lane. The Chinese ship, he further said, could just be on a routine patrol when it got stuck in the area even as he pointed out that it could have been a different matter if they anchored and blocked the passing of international ships and fishing boats. According to Saban, it is hard to prove that the Chinese vessel intruded into Philippine w_a rs~._ .te.... ...

nangsiP~Noynaangpresidentenaging9nabuwanangutang na differential ng gobyerno sa mga retiredAFP. ~09082535.•.

Mas maIa1aang corruption ngayon saAFP. Palagay ko po meron pa ring mga pabaon sa rnga nag-retire na General. Kasi po noong si GMA pa ang presidente, 3 buwan Iallg ang . utang na differential sa mga retired na AFP personnel pero

Korapsiyon AFP lalong lumala kay P-Noy

Sa

Occupied

NAKORNER kahapon ng umaga ang isang kinilalang kilabot na bandidong Abu Sayyaf Group na nahaharap sa kasong (kidnapping with serious illegal detention) at may patong na P6 milyong pabuya . aug ulo, naganap ang pagdakip sakanya sa Brgy Tandung Abas,sa Lamitan Cityng Basilau island province, sa ulat na nakarating sa punong tanggapan ni Philippine National Police chief Director Gen. Nicanor Bartolome, Sa kanyang pahayag sinabi ni. Lamitan City Police Station chief of police Chief Insp. Edwin Palacio, isinagawa nila aug operasyon kasarna ang tropa ng Police Regional Intelligence Unit ng probinsya sa Ingar na pinagtaguan ng suspek ua nakilalang si Hadjer Arasani na kilala rin sa kanyang alyas na Injing at Jilking, Base sa polise records, sangkot din aug suspek sa iba't ibang mga insidente ng kidnapping na nangyari sa Western Mindanao kabilang dito aug nangyaring pagdukot sa anim na miyembro ng Jehovah's Witness noong taong 2002 kung saan kuramihan sa mga biktima ay pinatay at pinugutan ng ulo sa lalawigan ng Sulu. . Sinasabing si Arasani ay kabilang din sa armadong grupo na nakaengkwentro ng mga pulls sa may Brgy. Recodo sa Zamboanga City noong nakalipas na buwan ng Mayo nitong taon nang maglunsad ng . operasyon ang pulisya laban sa mga drug pusher na nag-o-operate sa. malalaking drug den na nadiskubre sa lugar. Pansamanralang detinado ang suspek sa kustodiya ng Regional Public Safety Battalion sa nabanggit na probinsya ng Basilan. (Debra Bellosillo/Mark Obleada)

LIDERNGABUSAYYAF NI MAYPB·MSA UlO,I11808

~~~AI~":~@dd;~_~~~~~.t~~c~(02),89~-1~

•. :528'h~::"' ~

.....•.

-7-

\C\

July 2012

Page: _;..1-__

Rights group urges Noy to stop killings of anti-mining activists
By PIA lEE-BRAGO

The New York-based Human Rights Watch (HRW), a global rights body; has urged President Aquino to stop the killings of anti-mining activists as the Philippines pushes to revitalize the mining sector. , HRW said it had documented three cases since October last year of three anti-mining and environmental activists allegedly killed by paramilitary forces that might have links to the military. The victims had opposed' mining activities that could displace tribal communities as well as destrov their communities, it said in a statement Tuesday "President Aquinohas enacted decrees to encourage mining investment in the Philippines but has done little to stop attacks on environmental advocates," said Elaine Pearson, HRW deputy director for Asia. "He should recognize that respecting human rights is crucial for economic development," she said.

Aquino issued a new mining policy early this month aimed at boosting revenues from mining and increasing environmental safeguards. But Pearson said the policy.was silent on the issue of alleged rights abuses by paramilitary forces deployed by the military to protect mining companies from attacks mostly by communist guerrillas. Aquino spokesman Ricky Carandang said the government did not tolerate attacks against environmentalists or other advocacy groups. He acknowledged previous cases of activis~ killed, but stressed investigations yven~btfutg carried out to get those behind theattaci<s. 'We are doing what we can, and we do recognize the need for these cases to be resolved much more quickly than they are being resolved," he told AFP. He said linking the deaths to the military was" a sweeping allegation" th,t could further incite tensions. In October, Italian activist priest Fausto Tentoria was shot and killed by gunmah while inside his parish compound in Arakan, North Cotabato. Four suspects had been identified from a local paramilitary group, though no one has been arrested. - Delon Porcalla, AFP

a

-8-

VI July 2012

Page:

'6 ---

Emergency State: It's President'sCall
By REV G. PANAUGAN

Only the President can declare a state of emergency and call on the military and the police to suppress lawless violence in any part of the country, the Supreme Court (SC) ruled yesterday. Withthe ruling, the SCvoided the' March 31, 2009proclamation issued by Sulu Gov. Abdusakur Tan who placed the province under a state of emergency in connection with the kidnapping ofthree Red Cross personnel by the Abu Sayyaf Group (ASG) on January 15,2009. 'The SC said provincial governors are not vested with the power to call on the military and the police at their own bidding; . Written by·Justice Ma. Lourdes P. Sereno, the se decision directed the military andthe police to stop implementing Proclamation No.1, Series of 2009, and its implementing rules -Issued by Governor Tan. The directive may have been rendered moot and academic as military and police have long ended. Tan's proclamation had directed the Philippine National Police (PNP) and the Civilian Emergency Force (CEF), which was organized to facilitate the safe and early release of the hostages identified as Eugenio Vagni, an Italian national, Andreas Notter, a Swiss national and Mary Jean Lacaba, a Filipino engineer, to set up checkpoints and impose curfew in the province.

.At the same time, the proclamation had authorized the -eonduet of generalsearchandseizure;including arrest, in the pursuit of the kidnappers and their supporters and to :~:ci::~~~~~~~~e:~:~s neeAccording to the se, only the President has the authority to exercise emergency powers under Section 23, Article VI of the Con-! stitution and issue "calling out" powers to the military and the police to suppress lawless violence. "The power to declare .a state of emergency or martial law is subject to the Suprem-e Court's authority to review the factual basis thereof. By constitutional fiat, the calling-out powers, which is of lesser gravity than the power to declare martial law, is bestowed upon the President alone," the SC said. "In issuing the assailed proclamation, Governor Tan exceeded his authority when he declared a state of emergency and caned upon the Armed Forces, the police, and his own Civilian Emergency Force. The calling-out powers contemplated under the Constitution is exclusive to the President," the se said. Several Sulu residents challenged before the SC the state of emergency declared by Tan. They claimed that the declaration was unconstitutional because there is no law that grants

governor the authority to make such declaration. They also pointed out that Tan's proclamation should be voided because it was notapproved by the Sangguniang Panlalawigan and violated the constitutional right against searc~ and seiz~e provided for un?er. Section 2, Article III of the Constitution.

a

-9-

., ~July 2012

Page:_1__

alace t
The Philippines would not abdicate its sovereignty over the West Philippine Sea deI spite China'scontinuous deployment of vessels and the establishment of a legislative

atch your with actl n
. By AUREA CALICA body to oversee three disputed islands, Malacafiang said yesterday. Presidential spokesman Edwin Lacierda said Beijing should also match its words with action to attain peace in the region. . "In no way do we abdicate our sovereign rights over

rds
Panatag (Scarborough) Shoal because it is part of our exclusive economic zone and that's very important for us - both domestically and intemation.. _..___. __ ,.y.-=-=--- ••,.".c.,,__ .......·..,...,._, :

ally," Lacierda said. "They have stated openly, . very recently,' (China's leaderin-waiting) Xi Jinping has already mentioned that... they rum to Page 1.2

Palace

From Page 1

would prefer a peaceful resoIution," he added. Askedifthe Ph~1ippines was hoping that China would match its words with action, Lacierda said, "Of course." Lacierda said the "thrust of our policy is to maintain a stance of peaceful resolution" even in Panatag Shoal, where Chinese vessels had maintained presence despite its proximity to the Philippines. He said the Philippines relares with China on different levels and is confident that continuing exchanges would help promote a harmonious relationship between the two countries. He noted that President Aquino thanked China for its help in the completion of a La Mesa Dam project. Lacierda said the situation had not worsened, as "there were instances" that vessels were withdrawn from Panatag Shoal. ". . "They are back obviously. But China has not taken any provocativeaction in terms of military action. And so, since . there has been no military ac. i~~~'a ;:a~~~u~l:::Ji~tf~~~~i be maintained by both par-

ties," Lacierda said. Lacierda refused to comment on reports that China had sent a submersible to the West Philippine Sea (South China Sea), saying it is highly speculative at this point. The mission of the submersible is reportedly to be "part of the preparations for future commercial mining of the seabed." "They have stated as much but we don't know yet if they are traversing in international waters and obviously there is freedom of navigation in international waters and no' one can stop any country from traversing these waters," he said. Lacierda denied that Chiria's aggressive moves were connected with the Philippines' decision to seek help from the United States. "Without the Philippines, the United States has adopted a rebalancing doctrine wherein they have ... reoriented 60 percent of their forces to the Pacific. That has been the new doctrine of the United States and it applies to the Asia Pacific region, not specifically the Philippines. It's a doctrine that applies to the entire Asia Pacific,' Lacierda said . w~~:~~~!e~~~~e~~~~) ~ chief Lt. Gen. Iuancho Sabban '

said around 30 Chinese fishing "This is about 100 (nautical) boats escorted by a maritime miles southwest of Pag-asa," ship were spotted in the vicin- Sabban said, referring to an ity of Kagitingan Reef - island within Kalayaan mu- .. known internationally as nicipality in Palawan. KagitinJohnson Reef - in the West gan Reef is being claimed by Philippine Sea. the Philippines as it is well The fleet reportedly in- within the hexagon area that cludes a 3,OOO-tonsupply ship .comprises Kalayaan town. and a patrol vessel and is said With Pia Lee-Brago, Alexis to be the largest ever launched Romero, Jaime Laude, Evelyn from Hainan province. Macairan

'(j, ~ .•...•~:·.11~~6.~~.!9i,,1~~.· .• ?i;,';} ....•.... '•...... ....• '.............. .•.•..•. ,oom •••. · • :~.···"·.7.··.;.1295.::
u.'·

..'!i

':

".>

'.. ,

,.~~

1

-10-

4 vlolatlonhlnaharap ng aroganteng pulis .na nakagitgitan ng PSG
Driving without a driver's license, using a private vehicle with an illegally installed siren and improperly placed plate numbers, and not giving way to police vehicles, Ito ang mga paglabag sa batas trapiko na hinaharap ni SP02 Ricardo Pascua matapos niya makagitgitan ang convoy ni Pangulong Benigno S. Aquino III sa Commonwealth Avenue sa Quezon City noong Martes. Sinabi ni Supt. Ferdinand . Vil l anu e v a.Lhe p e ng QC Police District Investigation and Detective Management DiVision, na ito ang mga inisyal na paglabag ang ni Pascua na inaresto ng mga tauhan ng Presidential Security Group (PSG) habang minamaneho ang isang pulang Mitsubishi Adventure ZJK-679. "The convoy had the right of way. Pascua should have given way," giit ni Villanueva. "Upon the approach of - any police or fire department vehicle, or of an ambulance giving audible signal, the driver of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb of the highway, clear of any intersection of highways, and shall stop and remain in such position, unless otherwise directed by a peace officer, until such vehicle shall have passed," paliwanag ni Villanueva hinggil sa Section 49 ng Land Transportation and Traffic Code, Sinabi ni Villanueva na hindi rin maaninag ang rear plate number ng Adventure ni Pascua dahil ito ay natatakpan ng makapal na glass tint. Wala rin umanong driver's license si Pascua nang siya ay nahuli ng PSG. _ Jeffrey G. Damicogf Manila Bulletin

-11-

10\ July

2012

Page: (0
Our to win ASEAN support for our territorial claims is a major setback. Winning the support of the regional association was our only viable strategy in dealing with a strong assertion of Chinese claims. We are now without an operable strategy in place. Beijing knows that. The Chinese leadership is not about to let the opportunity pass. This is the reason a large fishing fleet is deployed in waters we claim, Our bloodied nose is being rubbed with salt - the better to instruct us about our proper place in the scheme of things. . . -Beijing was obviously displeased when our freshly refurbished frigate went out hunting down Chinese fishing vessels at the Scarborough shoal. They were displeased even more when tough talk emanated from Manila seeming to insist on exclusive access to the disputed (although historically shared) shoal. They were thoroughly pissed, I imagine, when we stupidly threatened to unilaterally bring the dispute to international arbitration (even as international law dictates that both parties agree to submit for arbitration to happen). Beijing, since that incident, responded with a staccato of actions demonstrating their displeasure: expansion of their naval fresence at Scarborough Shoal, stricter phytochemica tests on our banana exports, creation of a prefecture governing the disputed South China Sea islands..e series of cyber attacks on Philippine databases, a broad diplomatic initiative to win friends in the ASEAN, their own tough talking for the benefit of their domestic audience, and now, the deployment of a large fishing fleet appropriately escorted by impressive naval assets. With ..<_:mf own diplomatic strategy in disarray. exc pect Beijing not to let up. They are not done with us yet. The deployment of this fishing fleet is an in-yourface response to continued confrontational talk in Manila. The basic message here is: stop us if you can. Note tha~ after the Philippines so miserably failed to get what It wanted from the Phnom Penh meeting, Beijing immediately offered the ASEAN its support in framing a mutually acceptable code of conduct CO,iering t~e conte~ding South China Sea claims. They are basically telling our ASEAN partners that China is willing to cooperate with the region, although not on Philippine terms. . That is deft diplomatic maneuver, aggravating Manila's embarrassment and raising the specter of Philippine isolation. Manila, of course, will try to court more statements of US support to help sandbag our collapsing diplomatic strategy. For every decibel of US reassurance, however, Beijing is likely to respond with ten decibels of diplomatic countermeasures. If necessary, Beijing will drive a wedge between the Phi~ir:pines a~d her ASEAN partners: slowly constrammg our bilateral commerce while showering our neighbors with their generosity. We are heir to the dictates of power asymmetry. We need to rethink our diplomatic options more

first Parson

By ALEX MAGNO

Momentum

Beijing is not missing a be~t. Right after the ASEAN mirusterial meeting closed in phnom Penh, failing to issue the communique the Philippines wanted, a 30-ship fleet was dispatched from Haman heading towards the Spratlys. The fleet is reported to be a fishing expedition off Yongshu Reef, which is claimed by the Philippines. . . The fleet is led by a 3,OOO-tonsupply ship and ~s likely escorted by Chinese coast gu~rd vessels. T1:1S large fleet will be fishing in waters claimed by the Philippines. ..' Manila is still reeling from the diplomatic defeat in Phnom Penh as well as from the rather embarrassing episode involving a Chinese missile frigate run!l-ing. aground on Hasa Hasa Reef off Palawan. The fn~ate has since been extricated and sailed back to Haman .escorted by a convoy of Chinese navy' ve~sels. . When the frigate ran aground, Philippine aut~onties failed to detect it. We found out about the fngate from a report carried in an Australian newspaper. In the absence of radar cover - or the American "spy planes" President Aquino daydreams ab?ut - our navy requires visual contact to detect for€1gn vessels in waters we claim. The Chinese frigate that figured in the minor mishap is heavily armed with modern mis?iles. !t clearly outclasses the WWII frigate we recently inherited from the US Navy: the new BRP Gregorio del Pilar, flagship of our puny navy. The fact that our naval surveillance failed to detect its presence is emba!rassi~g eno~gh. Notwithstanding, we could even file a diplomatic .protest ~bout the incident. The Chinese vessel was m mternatlOnal waters where freedom of navigation is guaranteed. T~e Palace might have simply mentioned that fact amid '. howls of protest at home calling for a protest to be filed. If we could not even detect and identify vessels traversing waters we claim, how can we assert sovereignty with any credibility? For decades, we relied on the US Navy for radar cover over the entire archipelago. More than two decades after we expelled the US bases, we have not replaced the radar cover they once provided. There was always some more pressing expense than procurement of radar capability. .... . e The US committed to help us maintain a mlnlm~m .... aar:5~~i~~~ .. .. .« • .••.. credibledefense capability. We might as well be& tor ad smfttl~~~~:~~:::tl~~~~~~t~;~~~~~t radar equipment to cover the archipelago. W~ might ;..;.. wat~r facility built With China s assistance, Presldent~Ll:I Aquino made the Chinese ambassador uncomfortable -- .• . not be able to deter foreign vessels from entering waby indirectly suggesting her country was not respectters we claim, but at least we should not be relying On ing Philippines honor. Such talk was impolite as well AustreHaitinewspapers to report the presence of those as impolitic It does not help repairing our relations. vessels.'.' .. _....

':t

J

-12-

W'N,v.pilifsfar. com

Bemedaned officer heads Army civil operations
MANILA, Philippines - An experienced combat officer and Medal of Valor recipient has been named head of the Army unit tasked to conduct development projects intended to curb insurgency. Col. Cirillto Sobejana has assumed as commander of the Philippine Army's Civil Military Operations Group, replacing Col. Felimon Santos Jr., who has been named chief of the Intelligence Service Group. A member of Philfppine MjJitary Academy (PMA) class '87, Sobejana received the Medal of Valor in 1995 for displaying courage in a clash with Abu Sayyaf bandits in Bastian .. The Medal of Valor is the highest recognition given to soldiers who have showed gallantry in the face of danger. Sobejana was commander of the 1st Scout Ranger Company that clashed with the Abu Sayyaf for four hours on January 13, 1995 in lsabela Basilan. During the clash, Sobejana sustained two bullet wounds that almost severed his right arm. Despite his condition, Sobejana continued to resist the bandits and even maneuvered around even if this means exposing himself to enemy fire. As head of the Civil Military Operations Group, Sobejana will be performing non-combat tasks such as conducting development works and partnering with civilian groups. Other tasks he wH! perform in his new assignment include overseeing maintenance programs and construction works in public schools, disaster relief operations, and medical and dental missions. Prior to his designation as Army civil-military operations chief, Sobejana was chief of the 3rd Scout Ranger Battalion. Santos, the former chief of the Civil Military Operations Group, is a member of PMA class '86. He was a member of the 1st Philippine Contingent to the United Nations (UN) Disengagement Observer Force where he was conferred the UN Service MedaL Santos was also the executive assistant to the Army commanding genera! and head executive assistant to the Armed Forces chief.

-13-

www.phi/star.com

AFP avoiding escalation of tension in dispute seas MANILA, Philippines - The Anned Forces of the Philippine (AFP) is adopting a "do nothing policy" so as not to further complicate the prevailing tension in the West Philippines Sea
(South China Sea), a military spokesperson said Wednesday,

Col. Arnulfo Marcelo Burgos Jr., AFP spokesman, however clarified that the AFP, despite its limited fighting capabilities, is always ready to obey and enforce orders coming from the national leadership. "The AFP will just take guidance from the higher leadership," Burgos said, referring to the Department of Foreign Affairs (DFA) and the Department of National Defense (DND). These two agenCies are directly handHng the country's prevailing territorial disputes in the West Philippine Sea with China, Vietnam and other claimant countries in the West Philippine Sea. "Basta karni mag-antay lang. We are ready to execute and implement policies as ordered by ctvllian authorities," Burgos stressed when pressed what actions the military are taking now, in response to the aggressive behavior of China in laying its territorial claim over the disputed sea. China and the Philippines are locked in a standoff at Panatag Shoal (Scarborough), which is called by the Chinese as Huangyan Island. Last week, a Chinese warship got stuck at the Hasa Hasa Shoal (Half Moon Shoal), an area in the Spratlys Island near the Philippine province of Palawan. On Monday, a fleet of 30 Chinese fishing vessels arrived in the vicinity of the Kagitingan Reef (Johnson Reef) in the Spratlys. AFP Western Command chief Lt Gen. Juancho Babban, meanwhile, said that the military is closely monitoring the activities of the Chinese fishermen. Sabban said that as of Wednesday, the Chinese fishing vessels were sti!1100 nautical miles away from the nearest territory being claimed by the Philippines. "They are still about 100 nautical miles southwest of Pagasa Island," Sabban said.
Sabban said that the location of fhe fishing fleet was still far from the Philippine' 200 nautical miles exclusive economic zone (EEZ), as Pagasa lsland, the largest of the nine geographical features being claimed by the country in the Spratlys, is about 240 nautical miles away from Puerto Princesa, Palawan.

He also said that the Chinese fleet was stilt operating in its own waters, which is near Fiery Cross Reef, a fixture once owned by Vietnam. But despite this, the Western Command chief said that they were stH! monitoring the progress of the Chinese ships to determine if they would breach or intrude the country's
EEZ.

Sabban said that he had instructed all units of the Western Command to intercept the ships that would be breaching the Philippines' territory.

-14-

11 .July 2012

Page._,--_