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Jose Maria Sison Indicted on Suspicion of Murder by Dutch Court

Following his arrest on suspicion of ordering the murders of his former comrades (Arturo Tabara and Romulo Kintanar) CPP-NPA founder Jose Maria Sison has been indicted by a Dutch Court in The Hague, Netherlands and sent to pre-trial detention and custody for fourteen days. In a terse statement, the Dutch Openbaar Ministrie said:

31 augustus 2007

On Friday Jose Maria Sison, 68, has been brought before the examining judge at court in The Hague. The judge ordered that the communist leader shall remain in pre-trial custody for a period of 14 days. Sison has been arrested on Tuesday by the National Criminal Investigation Service of the Dutch National Police.

He is believed tot be engaged in murder cases in the Philippines. The communist leader is suspected of giving orders, from the Netherlands, to murder former political associates.

For information please contact Wim de Bruin
Under Dutch Law, the Judge can order a further 90 days in pre-trial detention for Sison at the end of the 14 day initial period. Since he was not released today, as his supporters were hoping, it looks like he will eventually be tried for the charge of, let's call it remote control murder, since I don't speak Dutch.

Mr. Sison has been designated as a foreign terrorist personality by the United States and the European Union, and the CPP NPA also are listed as foreign terrorist organizations. The arrest and now indictment of Jose Maria Sison comes because of cases filed against him by the widows of the two slain former CPP-NPA leaders who had become bitter ideological and organizational rivals of the autocratic Communist Party founder and leader. Dutch law criminalizes the ordering of murders even if the actual killings occur outside of the Netherlands.
Mr. Sison is also charged with multiple murder for ordering the execution of hundreds of CPP and NPA members in the 1980s suspected of being spies and deep penetration agents of the government, during a paranoid purge that occurred in the early 1980s. Several mass graves containing the remains of those allegedly killed on the orders of Sison and the CPP's top leadership at that time, have been uncovered by Philippine Military in Central Philippines and are the basis of the multiple murder charges against Sison here.

In Manila, the NPA has vowed retaliatory attacks, led by the media creation called Ka Roger Rosal, spokesman. The CPP=NPA's front organizations under the umbrella of the National Democratic Front (NDF) -- in their menacing half dozens--marched, rallied and demonstrated in support of their jailed leader. And co-accused Satur Ocampo together with Teddy Casino of the militant Bayan Muna party list organization, filed a House Resolution calling on the Congress to investigate the Dutch government and police for the arrest of Sison at an Utrecht police station to which he was invited, and willingly went.

Danny Buenafe, ABSCBN News European correspondent, interviewed "the victims" [his words] of the police raid on Sison's apartment building, including several Dutch "progressives" [his words] who compared the Dutch police to the Nazi Gestapo. He also interviewed the two young sons of Angie Sison, a relative of the arrested communist leader. I pity the two kids, they were obviously coached about what to say, claiming they were "terrorized" by the police.

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The Hello Garci Case -- Selected Philippine Commentaries

For the benefit of all our readers that are interested in the Hello Garci Controversy, the Philippine Commentary of January 19, 2006 is reproduced verbatim below. It also contained the following links to the best of the commentaries that were published as that devastating political crisis unfolded and engulfed the Arroyo presidency, and now has reignited in the Senate.



Senate is Really Digging Into Isafp Wiretapping
[first published on January 19, 2006 shortly after the Senate hearing reported in it.]
TECHNICAL SERGEANT VIDAL DOBLE owns the voice on the Garci Tapes annotating many of the conversations including the one with the line "Will I lead by 1M?", according to sworn testimony today by his acknowledged lover and mistress, Ms. Marieta Santos before the Senate Defense Committee of Sen. Rodolfo Biazon. Two more tapes allegedly produced by Intelligence Services of the AFP (ISAFP) were played in the Senate. (Her previous testimony in the Senate was a stunning break in the Senate for the Garci tape controversy because it first established as plausible fact, the accusation that ISAFP had conducted a massive wiretapping operation on behalf of Pres. Arroyo during the 2004 elections, because she or her political machinery did not trust Virgilio Garcillano.) Ms. Santos testified that these contained the vocal annotation of another acquiantance of hers, Vidal Doble's colleague at ISAFP, a Master Sgt. Villedo. That makes them prime witnesses in a coming investigation of how and why the Philippine Military was prostituted to such a partisan and selfish political purpose in 2004 as their use to eavesdrop on public and private persons alike. ABSCBN's report on the Senate hearing focuses on the bugging of FPJ's phone lines. (over which Magdalo's most loved-hated Senator, Gringo Honasan, tried to make much during the hearing. I hope he meets Trillanes, Bumanding, Faeldon and and the rest of the Magdalo in a dark alley one of these days. I reckon he's not seeing too much of them anymore.)

The politicians will surely be up in arms now over the revelation that the wiretapping operation may have been a little wider than first supposed by many. But I have claimed in numerous previous posts however, that the violations of RA4200 involved are completely independent of the CONTENT of any of the conversations. Someone used the military intelligence service to illegally eavesdrop on the Commander in chief and dozens, perhaps hundres of others. That someone should be punished to the full extent of the national security laws, whoever that someone is, even if it is the Commander in chief herself!

The self-evident violations of Republic Act 4200, the Antiwiretapping Law, embodied in the very existence of the Garci Recordings, AS OFFENSES AGAINST NATIONAL SECURITY LAWS, are being investigated by the Senate, under the tireless and dogged efforts of SENATOR RODOLFO BIAZON, who has done more to understand the awesome implications of this angle of the Gloriagate story than anyone else. Everyone has been so fixated on the VOTERIGGING aspect of thing that no one has paid much attention to the obvious: Someone made the Garci Recordings and its many copies. That someone obviously did so illegally, since at least one of its pariticpants, Virgilio Garcillano has claimed he did not authorize such recordings. Ipso facto, they are illegally acquired recordings.

Well if you are just tuning in to this issue just now, have you got a lot of catching up to do. Lucky for you there are all these posts from PHILIPPINE COMMENTARY on this subject:

The Wire Tapping. The Wire Tapping!

Was the Adam and Eve of All Tapes Digital?

Overhearing the Palace Thinking

Rope-a-Dope Trap: Garci as Poisoned Pawn?

Fingerprinting the Human Voice

Judas Goat On Top Of Mount Pinatubo

Supreme Court Will Now Rule in Garci's Favor

Stunning Break in Gloriagate Controversy

Fourteen Soldiers Are Hostages of ISAFP

Long Live the Anti Wire Tapping Law!

The Right to Privacy and the Public's Right to Know

Only the Opposition Can Save GMA

Dilemma of the Poisoned Fruits

Freedom and Garci's Second Petition

National Security is the Highest National Interest

GENERAL RUDOLFO CANIESO, a supporter of Sen. Panfilo Lacson's presidential candidacy in 2004 and former Director of the National Intelligence Coordinating Agency had an interesting point to make about the EQUIPMENT needed to undertake a CELLPHONE wiretapping operation successfully. He testified at the hearing that only GOVERNMENTS could legally purchase the sophisticated gear needed to eavesdrop on TRI-BAND FREQUENCY HOPPING cellphone conversations. Documents presented at the Senate hearing showed that typical "digital GSM cellular interceptor" systems would cost about 25 million pesos (US $420,000.00). Gen Canieso emphasized the point that a "CERTIFICATE OF END-USER" is required by all legitimate vendors, effectively restricting civilians from acqujiring such equipment. It was quite ironic that the first tape played by Sen. Biazon happened to contain a wiretap of Gen. Canieso's own cellphone. Gen. Canieso also made the very important point that cellular phone communicatins are DIGITALLY encoded by the service provider, as Philippine Commentary considered in WAS THE ADAM AND EVE OF ALL TAPES DIGITAL Interestingly, Gen. Canieso would not rule out PING LACSON being able to afford such equipment.

A Google Search for "digital cellular GSM interceptor" yields the following information
Cellular Telephone Interceptor Multi Digital Versions
(Including GSM amd TDMA)


GSM System $420,000.00

GSM Interceptor Pro
This is an advanced monitoring system designed to intercept GSM cellular traffic.
It is the most sophisticated - advanced state of the art equipment of it's kind. It is custom made to certain specifications according to the cellular system in your country

Features
8 channels 900/1800 MHz,
(System with 1900 MHz is also available).
The system can target specific numbers or randomly screen GSM mobile Communication.
Conversations are monitored and logged simultaneously to voice and data logger for storage and retrieval..
Housed in industrial PC 19” rack mounted portable cabinet with attached keyboard and LCD monitor. Weight:12 Kg about 23 Lb.
Decodes voice codes LPT, RPE and EFR.
Works with identificators IMSI, TMSI, IMEI, and MSISDN.
Can receive BCCH, CCCH, SACCH, SDCCH, FACCH, and TCH
Find incoming call number when call ID is available.
Intercept 1 voice duplex Channel.
Possibility to receive SNS Messages.
Working range: Forward Channel 25 KM or 15.6 Mils, Reverse Channel depends on conditions - varies from 300 to 800 meters, or up to half a mile
If unidirectional antennas are used, the range can be increased.

Encryption Modes:
A5.2 cooperation with network operator is not needed, the system works in real time.
A5.1 If cooperation with network operator is possible, the system works in real time.

If cooperation with network operator is not possible but there is an access to mobile phone, information can be extracted directly from SIM card, Extraction time – 15 Min., SIM card
scanner should be added to the system.

With special hardware and software module A5.1 Decoder the interceptor works without
Cooperation with network operator. Item: 4001-D.

TDMA System $280,000.00

TDMA Interceptor Pro
The system is an advanced monitoring system designed to intercept TDMA cellular calls.
Designed to work in networks that specifically using D-AMPS.

Features
Scan Control Channels to locate a working base station in a given area.
Automatic adjustments in the configuring file.
Fast receivers presetting using data from the configuration files.
Store telephone conversations on the hard drive.
Monitoring the activity of phone numbers from the “list of interest”.
Listening and recording all phone conversations of the accessible base station or only from the “list of interest”.
Displaying and recording all events in the control channels.
Displaying status of all phones from the “list of interest”.

The system can control the following channels :
Forward control channels IS-S4 & IS-136 (monitoring of incoming calls in one cell)
Forward traffic channel (listening to conversations in the forward/ outgoing direction)
Reverse control channel (defines outgoing phone numbers).







Note:We may sell the unit to you only if you representing a government or law enforcement agency or you are selling it to the Government or a Law Enforcement agency in your country.
We will 100% verify it and also require a letter certifying that.

Demonstration
Our technician will travel to demonstrate the unit in your country, the demonstration is usually done upon 2 weeks notification.
We will send 2 people to your country For demonstration, cost for demonstration $10,000.00

Available to Law Enforcement agencies ONLY.

For inquiries: please e mail to info@spylife.com or call our office 818-516-3583



SENATOR SERGIO OSMENA III appears to be the techie in the Senate, dropping the correct meanings of TDMA, CDMA and GSM for the education of a somewhat befuddled Juan Ponce Enrile.

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A Pundit Argues With Dead Soldiers

In The Pen Is Still Mightier Than The Sword Philippine Daily Innuendo's pundit Conrado de Quiros notices a sign put up by the grieving relatives and comrades-in-arms at a recent Fort Bonifacio wake for 13 young Marines slain in the successful capture of an Abu Sayyaf encampment in Basilan whilst trying trying to arrest beheaders of their fallen comrades in the July 10 ambush by the MILF that started the current round of fighting in Mindanao:

“It’s the soldier -- not the reporter -- who has given us the freedom of the press.

It’s the soldier -- not the poet -- who has given us the freedom of speech.

It’s the soldier -- not the politician -- who ensures that we live freely and peacefully.

It’s the soldier who salutes the flag, who serves beneath the flag, and whose coffin is eventually draped by the flag.”
Although I know Choy de Quiros to be an intellectual, he is not usually like some are--a heartless intellectual. But seeing as he has chosen to debunk the rude inscriptions we find above, on an intellectual level on his own turf, and there is no one to express what those who wrote the above inscriptions might have felt and thought in doing so, let Choy have a little tit for tat now. This Pen must joust with his own, because the Swords he disdains are yet grasped by cold, defenseless hands which though mute themselves may speak through this humble and perhaps unworthy blog.

He attacks the line about politicians by counterexample, pointing to Jose W. Diokno, Lorenzo Tanada, and Jovito Salonga as politicians that he says have done more than any general or foot soldier he knows to secure our peace and freedom. Well I suppose he never heard of General Gregorio del Pilar who fought the Spaniards and commanded many nameless foot soldiers that we today call the Katipuneros, which I suppose Choy never heard of either. And what of General Vicente Lukban who led the Samarnon foot soldiers of the Katipunan in its most victorious battle against the invading American Expeditionary Forces of Gen. Arthur MacArthur-- the Battle of Balangiga? Mr. de Quiros has apparently also not heard of General Vicente Lim, beheaded by Japanese invaders during World War II, whose body never even felt the warmth of the Philippine Flag draped over his never-found body. Nor I suppose, has he heard of the foot soldiers who fought in that War to liberate the politicians!

Next Mr. de Quiros suggests that "public school teachers" do more than soldiers in a "spiritual" way, saying, "The soldier only protects the nation’s body, the public school teacher protects the nation’s mind."

I think we should honor the contributions and sacrifices of both professions instead of making such fine distinctions as metaphysical as that between "body" and "mind" so as to somehow pit them one against the other. Notice that line 4 of the Soldier's Poem does not mention public school teachers at all. It only emphasizes the fact, that soldiers, unlike all other citizens, are duty-bound and most willingly so, to give the full measure of their beings, to lay down their very lives as a downpayment for the lives and freedoms of others. Moreover, if a soldier protects your body, he also protects your mind, which cannot live outside your brain. But if a teacher gives you homework, in order to improve your mind, they are not at risk of losing their own lives thereby, and there is absolutely no guarantee that by doing so usually from error-filled textbooks, that they have protected your body at all. Perhaps it has to do, again with the logical priority that proceeds from the phrase that defines liberty as our Right to Life, Liberty and the Pursuit of Happiness, necessarily in that order!

Mr. de Quiros however, reserves the bulk of his pen's mighty ink to violently disagree with Dead Soldiers Poem and their dumbstruck grieving kin, over their claims of priority over poets in preserving the freedom of speech, and over reporters (including pundits) in defending the freedom of the Press. He violently disagrees and is even insulted, he says, that such a claim would be made by mere body protectors. After all, he says that "scores of reporters who have been murdered who are not being given the kind of burial the soldiers are."

But the reason is crystal clear to most us, if not the Pundit, why those scores of reporters do not get the kind of burial that soldiers do. Reporters are true enough, murdered for using the Freedoms of Speech and of the Press, often enough to defend those rights. But even more often they are killed because they abuse those rights; or they double-cross the wrong sorts of clients; or they accept bribes to write favorable stories or unfavorable stories.
It is actually a rare reporter murdered because he was defending the Freedom of the Press as such, and not merely using (or abusing) that freedom.

But "the soldier" has no such choice in the purposes and uses to which his profession may be placed. When soldiers are ambushed, murdered and beheaded, as they were in Tipo-tipo, Basilan, and Maimbung, Sulu, by the MILF-MNLF-ASG-JI-AQ, they are not merely using freedom speech and of the Press, but literally defending all of our freedoms with their very lives.

As for poets we are even lower than Pundits and even more beholden to soldiers in that we actually take liberties with the Freedom of Speech and the Press, --har har! -- and only ever write and emote about their deaths!

It is but puny compared to your sacrifices -- you dead soldiers -- but this is my humble thanks to you all for this Life, for this Liberty, and for this supreme happiness -- to salute you!


MY LIBERTY IS YOUR LIBERTY!

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BREAKING NEWS: Jose Maria Sison Arrested by Dutch Govt for Murder

This is verbatim from the Dutch Justice Ministry website:


Philippine Communist Leader Apprehended to Face a Murder Charge
28 augustus 2007

Jose Maria S., 68, a Philippine Communist leader was apprehended this morning in Utrecht by the International Crime Investigation Team of the Dutch National Criminal Investigation Department to face the criminal charges for his involvement in assassinations that took place in Philippines.

Mr. S. is a founder of the Communist Party of Philippines (CPP) and its armed branch, the New People’s Army (NPA), that has been fighting for years against the consecutive governments in Manila. The Communist leader was suspected of giving orders, from the Netherlands, to murder his former political associates in Philippines, Romulo Kintanar and Arturo Tabara.

Except for the apartment in which Mr. S. lived, the Dutch National Criminal Investigation Department today combed the apartments belonging to his co-workers, seven of which were in Utrecht and one in Abcoude.

On January 23, 2003, the former leader of the New People’s Army, Romulo Kintanar, 50, was shot dead in a Japanese restaurant in Philippines. The perpetrators were at the time of murder in the restaurant as well and fired 10 shots in Mr. Kintanar. The victim bled to death as a result of the shot wounds. The assassination triggered off a huge commotion in Philippines. It was claimed by the New People’s Army, in an official publication in which the reference was made to a sentencing by the special People’s Court. A special unit of the New People’s Army allegedly punished Kintanar for his crimes against the revolution and the people.

The Dutch National Criminal Investigation Department also investigates the role of Mr. S. in the assassinations of Arturo Tabara and his son in law Stephen Ong, which took place on September 26, 2006. Both men were shot dead in a parking lot, while stepping out of their car. They died instantly as a result of being shot in the area of head, chest and stomach.
This assassination was also claimed by the CPP’s armed branch. According to one official publication Tabara was “a seasoned criminal and fanatic contra-revolutionist.“ He was killed because he and his son in law had supposedly offered resistance when a special unit of the New People’s Army tried to make the arrest.
Until the beginning of the nineties, Tabara was a member of the highest command of the New People’s Army.

Mr. S. has been living in the Netherlands since 1987. He had applied for a political asylum but he was not granted one. He could not be deported because his life would allegedly be endangered upon his arrival in Philippines. On Friday, Mr. S. will be indicted by the Examining Judge at Court in The Hague.

For information about this Press Release please contact Mr. Wim de Bruin.
GUESS who is already lawyering for Joma? Satur Ocampo, his co-accused in the paranoiac murderous purges and killing fields of their comrades inb the 1980s. But at this moment, he apparently does not realize the basis of the arrest is not those alleged crimes but the assassinations of Joma's rivals, Romulo Kintanar and Arturo Tabara, both leading lights of the CPP-NPA.


JOSE MARIA SISON, founder and chairman of the Communist Party of the Philippines and its armed wing, the New People's Army, has been arrested by Dutch authorities at his home in Utrecht, The Netherlands, on suspicion of ordering the murders of two former comrades in the Philippines, Romulo Kintanar and Arturo Tabara in 2003 and 2004. He is being held in The Hague pending arraignment and trial under Dutch law for allegedly ordering the remote control assassinations, which are also the subject of murder charges against him and New People's army operatives in the Philippines.

Mr. Sison has been designated to be a foreign terrorist personality, and the CPP-NPA as foreign terrorist organizations, by both the United States and the European Union every year since 2002. It is very likely that they will also be designated as such under new landmark legislation in the Philippines Anti-Terrorism Law, the Human Security Act of 2007.


President Gloria Macapagal Arroyo (GMA TV News) hailed the arrest as "a giant step toward peace. A victory for justice and the rule of law."

The murders allegedly ordered by Mr. Sison in the Netherlands are part of an enduring internal struggle within the communist movement that has its roots in a paranoiac purge of suspected government spies that had infiltrated the Party and the NPA towards the end of the Marcos regime in the early eighties. Nearly a thousand cadre are said to have been murdered by their own comrades during those purges. Several of the mass burial sites used by execution teams, were discovered and investigated by the Philippine police and military authorities last year, resulting in charges of mass murder against Mr. Sison, and his associates.

The most comprehensive exposition of this aspect of Mr. Sison's history and the deadly "rejectionist-reaffirmist" struggle within the CPP that directly led to the Kintanar-Tabara assassinations may be found in this web testimonial by a former member of the CPP's Mindanao Commission who survived the deadly purges and tells a compelling story of paranoia, treachery and the long vindictive memory of the CPP's top leaders against anyone who has opposed their ideological and organizational supremacy.

The decades-long communist insurgency of the CPP-NPA has been a major thorn in the side of successive Philippine governments since their founding in the 1960s and is seen as a major stumbling block to peace and order in the country as well as its economic and social upliftment. Although the NPA has never won any significant military victories against the government, it runs the most highly organized criminal extortion operation in the country, collecting hundreds of millions of pesos annually, from local farmers, businesses and government institutions. During election time, the NPA even collects fees for the "right to campaign" in areas under their influence from political candidates. Hundreds of kidnappings, assassinations, arsons, remote-controlled land mine explosions, raids on police stations, and small-scale military engagements are the ongoing "livelihood" projects of the CPP NPA in the countrysides.

The CPP-NPA also runs dozens of front organizations among workers, students, peasants and other "marginalized sectors". These highly militant activist organizations are also the CPP NPA's major recruiting grounds and the main base of operations for aboveground parliamentary struggles. In recent years, several of these organizations have successfully won several seats in the Philippine House of Representatives under the party-list system. Perhaps the best known of these is Rep. Satur Ocampo of the party list Bayan Muna, who also happens to be Mr. Sison's co-accused for having ordered the murderous purges of their comrades in the 80s, when both were running the CPP NPA.

The arrest of Mr.Sison in the Netherlands has long been urged upon the Dutch government, with whom the Philippines does not however have an extradition treaty. When Mr. Sison originally applied for political asylum in the Netherlands 20 years ago, the application was rejected, but the Netherlands granted him political refugee status, and allowed him to take up residence there, believing his life would be in danger in the Philippines [sic!]. The CPP's top leadership and their families moved to Utrecht with Mr. Sison and were receiving millions in financial contributions from the European Left and other international sources. From there they ran the CPP NPA's operations in the Philippine Archipelago by fax and email and in coordination with their agents and allies in the Philippines. They also resorted to the alleged assassinations to eliminate their ideological rivals, some of whom had returned to the fold of the law and were therefore considered counter-revolutionaries subject to trial, arrest and execution by the same "People's Courts" that caused the "killing fields" of the eighties.

The listing of Mr. Sison and the CPP NPA as foreign terrorists by the US and EU put a big dent in their European exile lifestyles and put pressure on the local NPAs to raise money and resources through their organized criminal activities. But it also drove a deep wedge between those in the Archipelago fighting in the hills, and those on the Continent enjoying the glamorous and relatively comfortable lifestyle of an exile in Europe.

The arrest of Mr. Sison and the end of his Dutch Treat hopefully presages the eventual total demise of the CPP-NPA as a terrorist organization in the Philippines. If that happens, I predict that the Philippines will have secured its century-old democratic experiment as the first and the oldest constitutional democracy in Australasia; that it will double or triple its rate of economic growth by quickly eclipsing all other tourist and foreign investment destinations, and that it will become the bulwark of the Global War on Terror in Southeast Asia.

Its ninety million freedom-loving people, who have suffered so much because of the communist insurgency look with renewed hope in the future as a result of this recent development, even as they cannot fail to see the arduous tasks still ahead of them in overcoming both the totalitarian left. There is also still the Global Islamic Jihad, which many suspect has taken over the old Moro cause in Mindanao and is responsible for the recent upsurge of terrorist bombings, ambush killings and mass beheadings in the South, where an "all-out war" has erupted. (But that is another story yet to be told!)

For now however, the Filipinos can enjoy the sight of the Red Moon's eclipse.

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Chiz To Miriam: Nego Supositum!

Spicing her Ilongo-American accented Privileged Speech on the pending Garci Wiretapping investigation with bits of Latin gobbledygook, Miriam Defensor Santiago chewed her tongue to bloody shreds it seems insisting that the Senate itself would be in violation of the Anti-wiretapping law if it so much as came into possession of "illegally wiretapped materials."

But in his interpellation of the good Maid Miriam, Senator Francis Chiz Escudero made mincemeat of her ENTIRE speech with a simple and truly novel point that there is no Court of Record that has declared the Garci Recordings to BE illegally wiretapped material. In other words he simply demonstrated that Miriam's ENTIRE SUPPOSITION that the Garci recordings ARE illegally wiretapped materials has not been established because it has not even been established that they are wiretapped materials at all. In other words: NEGO SUPOSITUM!

But when Chiz asked her if the products of their own illegal wiretapping could be used as evidence to prosecute the wiretappers, Miriam peremptorily replied "NO!" insisting that RA 4200 forbids ANY use of illegally wiretapped materials.

I am surprised the following refutation of Miriam's weird reponse to that question was not mentioned. It is Section 3 of of RA 4200 The Antiwiretapping Law! --

RA 4200 SECTION (3A) Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a written order of the Court, to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security. Provided, That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to be committed: Provided, however, That in cases involving the offenses of rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, such authority shall be granted only upon prior proof that a rebellion or acts of sedition, as the case may be, have actually been or are being committed; (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily available for obtaining such evidence."
Senator Rodolfo Biazon also interpellated Miriam and brought up the very important point that any investigation of the Garci recordings will focus on its NATIONAL SECURITY implications. That is the point this blog has been making almost since the first day that I read RA 4200 Anti wiretapping law.

Sen. Juan Ponce Enrile tried to make it seem that the Garci Recordings are not covered by Section 3 crimes against national security. But is it not a clear case of ESPIONAGE committed by Filipino citizens who are also active military service men to have wiretapped the president and compromised the communications of the Commander in Chief?

Well, so much for the Poison Fruits Argument of Miriam Defensor Santiago and Dick Gordon, who really know better than they are letting on, in my opinion!

I hope the Senate investigations will indeed lead to killing several birds with one stone:

(1) To cleanse the military of wrongdoers who have prostituted the Armed Forces of the Philippines to partisan political purposes, and have demoralized and debased the honor of the Philippine Military.

(2) To establish the NATIONAL SECURITY as the highest of national priorities by securing the highest offices of the land, such as the Presidency, the Senate and the Supreme Court.

(3) To develop new legislation that will promote electoral reform and forever bar the likes of Virgilio Garcillano and his patrons from desecrating the sanctity of the ballot.

LANCING THE BOIL THAT IS THE POISON FRUITS DEFENSE:

I greatly admired the legal erudition and sheer wit of Chiz Escudero in deploying his NEGO SUPOSITUM argument, and his gentlemanliness in responding to the entirely graceless statements of his colleague in refusing to take any more questions from him because she didn't like "his premises". It was this remark of Miriam's which made me realize that that was his entire rhetoric: I DENY your premises and suppositions madame! And of course he is right, for indeed where is the proof or finding or authoritative declaration that these multitude of bits and pieces of conversations, scattered in analog tapes, digital cds and internet-downloadable MP3s are in fact WIRETAPS. No one has stated categorically with proof that these recordings are indeed illegally wiretapped materials.

I think this clearly means that Chiz Escudero understands the Antiwiretapping Law just as well as Miriam does, but he intends to apply it carefully, systematically and ethically to discover who has broken that law by indeed, illegally wiretapping the President and many other private and public personalities including Virgilio Garcillano.

He makes the very persuasive point that it must first be demonstrated that these recordings are wiretapped materials before the sanctions against possessing them may be invoked as Miriam wants to do even BEFORE such demonstration. That the Garci recordings ARE wiretappings cannot just be asserted and then believed "hook line and sinker", Chiz claims, but must be tested with questions and logic when the witness Vidal Doble makes his claims and accusations. But first he must be allowed to make those claims. Putting the cart before the horse, you are, Madame. Touche!

What the law prohibits after all is the knowing possession, dissemination and reproduction of illegally wiretapped materials. Chiz basically asks a question that destroy's the premises and suppositions on which are founded Miriam's entire discourse: How do we KNOW that these are illegally wiretapped materials and not, let us say, studio spliced recordings?

Miriam had no answer to this other than to assert again "the absolute prohibition against and absolutely inadmissibility of illegally wiretapped material for use in ANY legislative hearing or other proceeding."

This self-evidently a false claim on the face of it -- as if one did not know about Section 3 of the law! Surely, the products of a real spy's illegal wiretapping activities would be the best physical evidence of those criminal activities, as explicitly allowed for in Section (3) of RA 4200, which covers wiretapping cases involving National Security and kidnapping.

She chooses to ignore the simple fact that the "Anti-Wiretapping Law" does explicitly allow any or all of the acts she claims are prohibited absolutely, such as wiretapping, possession, replay and reproduction of wiretapped materials--before, during or after any crime against national security or in cases of kidnapping.

Chiz's accomplishment is to show how a proper prosecution of a crime against RA 4200 ought to be done.

I think Miriam Defensor Santiago has met her match, both in Law and in Logic in Chiz Escudero, BUT....

THE GOOD AND RIGHT IN MIRIAM'S POSITION: In the final analysis, and despite her shrill tone, I actually agree substantially with the effective position of Miriam to investigate with vigor the Garci Tapes WITHOUT REGARD TO THEIR CONTENT (the electoral fraud angle), and instead to focus on discovering who the Masterminds of Wiretapping are in the Philippines. This is also substantially the position of Rodolfo Biazon, to prosecute the crimes against national security implied by the wiretapping itself. Never mind the content.

But listen to Sen. Miriam Defensor Santiago asking "Who are these Dark Forces?" who have the ability to order even mass wiretapping?

Here is Miriam's Marvelous Rant Against the Wiretapper Mastermind! (MP3)



I wonder which DARK FORCE she was thinking off as she delivered above impassioned denunciation of the criminal wiretappers and their overlord? Could it be her ancient nemesis...

The entire Privileged Speech of Senator Miriam Defensor Santiago on the Garci Wiretapping Scandal is here at the Internet Archive. (MP3)


Speculation: Realizing that FVR's tit could be in the ringer on this one, I think Miriam has effectively joined the Opposition on the issue. She has adopted the position that the Senate can go after the wiretappers, but with utter disregard and even suppression of the tantalizing content relative to election fraud in the conversations. I agree with her on that to the extent that it would be premature at this stage to even tackle that barrel of monkeys about the 2004 Presidential election, whose outcome we must consider a closed matter. She does not actually join with Biazon in admitting this is about national security, but I think it'll come to the same thing as the investigation gets going.

It is that aspect of national security that I believe is of paramount importance because the Isafp wiretapping opens the entire government and private citizens to blackmail, extortion and is basically ESPIONAGE. Against this we must apply Section 1 of the antiwiretapping law, armed with the letter and spirit of Section 3.

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Did the "Stand Down" Orders on July 10 Come From Gen. Dolorfino?

Tony Velasquez and Pia Hontiveros interviewed Brig. General Edgardo Gurrea about the Report on the Basilan Beheading Incident (July 10) submitted by the "Independent Investigating Committee" to Jess Dureza, Presidential Adviser on the Peace Process. Here is audio of the entire interview.


or download the MP3
Under incisive questioning by Pia Hontiveros, General Gurrea revealed an important detail that as far as I know has not yet been revealed until now. Gen. Gurrea relates how he was attending a seminar on the Human Security Act in Cagayan de Oro on July 10 last, together with othe officials. He attests to listening to several conversations between General Benjamin Dolorfino and a Major Makatuon in the staff of relieved Basilan Commander Colonel Ramiro Alivio in which he orders Major Makatuon to contact his MILF counterpart and to do everything to "de-escalate the tension" at Al Barka, Tipo-tipo.

General Benjamin Dolorfino should be investigated thoroughly for his actions and communications on July 10, because I have a feeling he is the one responsible for giving thge "Stand Down" orders that were first mentioned in the After Battle Report of Col. Alivio that resulted in no fire support from OV-10 bombers and helicopters then available, and why no artillery was deployed during the fierce 10 hour gun battle that started when MILF rebels ambushed the Marine unit searching for Father Bossi. The unwitting revelations of Gen. Gurrea seem to confirm this. But I am not convinced that Gen. Dolorfino would have done this on his own. I am fairly certain that he consulted with Gen. Rodolfo Garci and Jess Dureza also. This from a previous interview with Gen. Garcia on Cross Roads 2 weeks ago.

If this is really what happened, there will be certain bits of double talk from Gurrea today that will become part of my rogues gallery. For example, the path the Marines were taking to return back to base after a fruitless search for Father Bossi was described by Gen. Gurrea not any more as "Muslim territory" as claimed by the MILF, but an "MILF Community." Well at least he confirms the suspicion of many that if you so much as walk into an MILF community, even if you a uniformed soldier of a government having peace talks with the MILF, you could end up dead and beheaded.

The other interesting and beguiling turn of phrase from Gen. Gurrea was in his refusal to characterize the incident as an ambuscade even if the MILF itself admitted to doing the killings. He called it a ceasefire violation in which the Marines failed to coordinate with the MILF.

He also considers the murder of the 14 Marines to be a mere ceasefire violation and took up the Peace Processors line that the law should only be enforced on the Abu Sayyaf beheaders (all four of them!).

What he absolutely could not and would not explain is how the MILF can claim not to have been in cahoots with the ASG when the MILF just killed a bunch of soldiers who "didn't coordinate with them." Doesn't that mean the ASG coordinates with them about when they can come and lop off heads and limbs to steal wedding rings and cell phones of the Marines?

I sometimes wonder who the real enemy is! It almost sounds like it's guys on our side who are totally confused about their moral and constitutional duties.

The Peace Process should go on, but it must not interfere with everyday Law Enforcement, because the assumptions and time scales are all different.

Here it almost looks like the Peace Processors have special agents attached to the Ground Commanders' staffs who can literally micromanage tactical and operational aspects and interfere with the normal chain of command in critical, life-threatening situations.

That cannot be allowed to go on.

RELATED AUDIO RECORDINGS ON THE INTERNET ARCHIVE.

UPDATE: The best investigative journalism being done on this grave and crucial matter is being done by Ellen Tordesillas: Making Sense of the Basilan Debacle Part 1 and Part 2
I am a rank amateur compared to her!

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How Father Bossi and the Religious Superiors Have Immorally Setup the NEXT Kidnapping for Ransom


I want to address a point that causes much acrimonious debate and name-calling over the "all-out war" in Mindanao which was sparked by a July 10 ambuscade and beheading by MILF rebels and ASG guerillas of 14 Philippine Marines. In the "fog of war" it has been easy for certain people to obscure the fact that those Marines were killed while returning from a fruitless search for kidnapped Italian priest Fr. Giancarlo Bossi. Some of the bigger screwheads around have actually blamed their deaths on their failure to find Fr. Bossi and when they instead blundered into what is blithely referred to as MILF territory. (Of course these leftist screwheads only cry "violations of Philippines sovereignty" when it involves America.)

Father Bossi is safely sipping cappucino with Pope Benedict in Rome, and said on his way out the door, that he won't file charges against the kidnappers. His confreres in the Association of Major Religious Superiors and his own PIME are calling for the government to pull back its forces. So called peace advocates actually want the authorities to stop trying to bring rebel gunmen and terrorist beheaders to Justice on the strength of duly executed criminal Arrest Warrants issued by Basilan Judge Leo Principe. The MILF and MNLF both have killed uniformed Philippine soldiers but the all out war is focussed only on the Abu Sayyaf, who of course do not have Membership Lists.


Why are Father Bossi and the Association of Major Religious Superiors and even his own PIME not interested in the bringing his kidnappers to justice? Could it be because they in fact PAID RANSOM to get him out? On the day he was released, Interior Secretary Ronaldo Puno tried to make it seem that the government had used some kind of clever trick to get him released. Later, it was leaked by his own office that that trick was to kidnap a relative of the suspected mastermind of Bossi kidnapping. Since the release was effected, and the identity of this mastermind was confirmed by the success of the trick, why has the government not gone after this mastermind??

The only logical explanation is that RANSOM WAS PAID for the freedom of Giancarlo Bossi. And that why, he, his religious associates and the government itself appears to be willing to let the next kidnap for ransom victim pay for this quick fix.

This is the essential IMMORALITY of Father Bossi the Missionary and the head honchos of the so-called Filipino religious. By preferring a dubious "peace" to the enforcement of the law and the fulfillment of Justice, they give in to Evil Incarnate while piously beating their chests and calling for peace. All they have done is condemned the next victim to

Now to the point of great confusion that seems to paralyze so many people whenever violence flares up in Mindanao.

There is no doubt that the conflict there is HUNDREDS of YEARS OLD. And lest one think it is purely foreign colonialists and imperialists that have had trouble from the folks in that part of the Archipelago, we must not forget that the principal economic activity of the Maguindano Confederacy and the glorious Sulu "civilizations" was annually raiding the Visayas to capture SLAVES for sale to their wealthy clients in Borneo, the Moluccas, and all over what used to be called the Dutch East Indies.

It is this enduring conflict in Mindanao, centuries old now, which the Peace Process addresses. As such, it must be recognized by everyone involved that the TIME SCALE upon which such a process must operate to achieve its goal must necessarily be a long one. We cannot hope to undo the injustices done on both sides in some short span of time, as it is not even certain that such injustices can ever be undone. The Peace Process involves considerations of things not only historical but political and economic as well. Moreover, what the Peace Process involving the Moro National Liberation Front teaches us, is that signing a Peace Accord is absolutely not a guarantee of actual peace on the ground, because there is no one group in Mindanao that can guarantee the compliance and behavior of other groups and personalities there. Thus, there is always the danger that a peace accord with the MILF and the modern Maguindanao Confederacy of warlords and election befoulers, will only end up like the one with MNLF, i.e., in the birth of the NMLF (Next Moro Liberation Front).

In view of this complex and seemingly intractable situation in Mindanao, what can possibly be the morally consistent position of Churches and other Peace Advocates when particular incidents of terrorist crime, such as kidnap for ransom and ambush killings occur.

I think it is immoral to sweep this crime under the rug and instead loudly call for the solution of "root conditions" through peace talks. It is a travesty of justice. The Churchmen have abdicated their solemn duty to uphold the Law (both God's and Man's!) For how indeed do we expect to correct HISTORIC injustice when we cannot do justice "in the small" of such crimes as the Bossi Kidnapping and the Basilan Beheadings.

I think we must recognize as an important principle of the Peace Process itself, that because it necessarily operates on utterly different time scales, it must not interfere with the ordinary everyday operation of LAW ENFORCEMENT.

It is only by recognizing the independence of upholding the Rule of Law TODAY that we can have any hope of remediating the effects of YESTERDAY.

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We Are All Sitting Ducks Now


Click to enlarge
Manila is on "Full Red Alert" as authorities announced the possibility of a "spill-over effect" from the ongoing operations in Basilan and Sulu.

"Full Red Alert" means women entering shopping malls and mass transit systems will get chopsticks poked into their handbags and men get politely felt up their backsides by embarrassed security guards. (Embarrassed becaue they know how futile and porous their procedures really are.)

Of course it is a real joke at sea ports and boarding areas for the country's thousands of inter-island vessels and maritime transport hubs, bus stations and bustling public markets, where of course, we have had a series of terrorist attacks over the years. For example, Rizal Day 2000 Bombing of the Manila LRT by JI--32 dead; the Super Ferry 14 bombing in 2004 by ASG/RSM--126 dead; and the dozens of bombings at ports, bus depots, markets, bars, and just the other day, Pershing Plaza in Zamboanga City, 14 injured, to remind everyone how conscious of History these particular terrorists are.

Please notice that none of these terrorist-induced civilian deaths and injuries should be called "collateral damage" because although a terrorist attack is generally indiscriminate the damage is always "intentional."

Intentional also was the ambuscade and killing of fourteen Philippine Marines searching for kidnapped Italian priest, Giancarlo Bossi, near Tipo-tipo, Basilan on July 10, 2007 by members and friends of the Moro Islamic Liberation Front (MILF), which owned up to and never has denied it carried out the deadly attack. On its website, the MILF even claimed the real number of soldiers they killed was 23 and not just 14, but the rebel group also listed accurately the arms, weapons and ammunition they took from the soldiers. The MILF denied in its post having anything to do with the subsequent torture and beheading of ten of the 14 Marines, claiming it did not know their identities but reporting one of the "field commanders" as reporting the "deep hatred" in the eyes of the beheaders as they hacked off human heads, fingers and sexual organs to get at necklaces, wedding rings and cell phones, which they then used to send taunting text to grieving wives and children of the dead Marines.

Speaking of taunting text to grieving wives and children of dead Marines, check out the kind of headlines that the Philippine Daily Innuendo and other "peace advocates" have been "texting" by the hundreds of thousands during the last few weeks (and the answer of the Marines!)

Since July 10, over fifty Philippines soldiers have been killed in action against MILF forces in Basilan, MNLF forces in Sulu, and now ASG forces in Basilan again.

In a shameless editorial this week and in big bold headlines, PDI called the slain soldiers' sacrifice a case of "WASTED LIVES." although of course they put these very words in the mouths and hide behind the skirts of "Church and political leaders, civic and women’s groups" to take such cheap potshots.

The editorial is actually a model for all young leftist propagandists in training because of the sophisticated manner of delivering the worst possible messages about the military and the government to the detriment of the troops, whilst actually sounding Concerned with a Capital C. For example to make the downright nasty suggestion that young soldiers are being sent to their deaths on "test missions" the editorial craftily quotes an officer who speaks only on condition of anonymity.

But listen to the interview of Pia Hontiveros with Senator Rodolfo Biazon, Chairman of the Senate Defense Committee and Marine Commandant Nelson Allaga about much of the drivel 'n snivel in the editorial. They spoke at Marine HQ last Monday where 13 of 15 Marines slain in capturing an ASG encampment during a fierce gunbattle that saw 42 ASG killed.



Sen. Biazon makes the forceful point that backing down as the "peace advocates" demand would mean surrendering to the terrorists and reneging on our solemn duty to uphold the law, bring to justice murderers and beheaders, and to secure Philippine sovereignty against what may be more than local rebels altogether.



Allaga addresses the issue of "young soldiers" in battle, among many other aspects of the ongoing law enforcement operations to serve those 130 arrest warrants.


Above, the sister, wife, father and girlfriend of some of the "wasted lives" prove the simple nobility of simple folks as compared to those fancy editors at their desks of inhuman disdain.

Ellen Tordesillas has a piece on the relief of the Basilan ground commander
, Col. Romero Alivio, in which the significant and tantalizing substance is Alivio After Battle Report, which confirms the earlier suggestion that combat air support for the ambushed Marines was ordered to stand down (probably by the Peace Negotiators, Dureza and Gen. Garcia) because they were engaging "friendly forces", their partners in the peace process, the MILF.

Three weeks after the Tipo-tipo ambuscade by the MILF, Basilan Regional Trial Court Judge Leo Principe issued arrest warrants for some 130 suspects, almost all of them known MILF members and the soldati of local warlords and politicians, based on evidence and testimony gathered from locals and witnesses and his finding of probable cause.

Just as police were going to serve those arrest warrants however, here come Jess Dureza (Presidential Adviser to the Peace Process) and Gen. Rodolfo Garcia, Chief Peace Negotiator. They SET ASIDE, on the President's say so, the serving of the arrest warrants, and spend a whole week whitewashing and exonerating the MILF in public, and then blaming the whole Tipo-tipo incident on "lawless elements" of the Abu Sayyaf Group. They were clearly trying to save the MILF so that the peace deal they are cooking up, in which a Muslim Juridical Entity will be setup as a new homeland for JI and Al Qaed--err, the Bangsamoro People.

Thus when the President declared "all-out war" last week, it was "all-out war" against the Abu Sayyaf bandit group. In their "Independent Fact Finding committee report" which has not been released to the public, Dureza, Garcia and MILF's Iqbal determine that four Abu Sayyaf bandits did the beheadings while six looked on.

There is no "all out war" on either MILF or the MNLF, even though they admitted killing those fourteen Marines in Basilan and 10 more in Maimbung, Sulu, respectively.

I guess this really means we are all sitting ducks now because the MILF's Iqbal was right, when he commented recently in Malaysia after Peace Talks were postponed, that the Philippine Government lacks "coordination," smiling mysteriously and smugly.

I took that to mean that the MILF does not suffer from such a lack of "coordination" with its own Base and that they are playing everyone like a fiddle: the Government, the Media, the Military. The terrorists have almost everybody convinced that it is OUR fault there is WAR.

But I think the peace process is dead, because the Moro cause has already been hijacked by the Global Jihad, and there most certainly is not negotiation with that. This hypothesis will be tested in the level of violence and terrorist attacks in the next few months. I hope it is wrong, but signs are already pointing the other way, as in that fundraising video deployed by the ASG on YouTube and broadcast all over the Muslim World.

I wonder what Mssrs. Dulmatin, Umar Patek and Zulkifli Abdhir are doing at this very moment?

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How the Supreme Court Upheld the Half of EO 464 the Palace Really Needs

Reference: Republic Act 4200 The Antiwiretapping Law
Following is a verbatim reprint of a post at Philippine Commentary on April 24, 2006, enttitled King Solomon Just Cut the Baby In Half which was an analysis of the unanimous Supreme Court decision Senate Vs. Ermita on Executive Order 464. Although it was widely praised as a victory for the Senate by all my favorite somnambulists, the Supreme Court actually upheld the President completely on the matter of executive privilege whilst giving the Senate a hollow victory over a nonexistent feature of the almost-Parliament called the Question Hour! Ed Ermita's threat to use EO 464 in order to frustrate the Senate investigations into the 2007 Garci Recordings, indeed any Senate investigation, --- that threat is not a hollow one. The Supreme Court saw to that last year...But a potentially explosive new development in the saga of the Garci Recordings is the accusation that a MAJOR TELECOM firm was involved in the alleged illegal wiretapping operation of the Intelligence Services of the AFP. Now here the Senate has a chance, because even Chief Executives like Manny Pangilinan and Jaime Augusto Zobel de Ayala are NOT covered by EO 464. I think these telecoms could lose local and international licenses and franchises and become the subject of intense Congressional pressure if these accusations of participation in illegal wiretapping operations turn out to be true.

(PDF) SENATE versus ERMITA -- the unanimous Supreme Court decision penned by Justice Conchita Carpio Morales on Executive Order 464 -- is being hailed by some as a highly balanced decision in which, depending on one's particular sentiments, one can declare victory or defeat for Malacanang Palace. Here is the Solomonic heart of Senate v. Ermita --
In fine, Section 3 and Section 2(b) of E.O. 464 must be invalidated.

No infirmity, however, can be imputed to Section 2(a) as it merely provides guidelines, binding only on the heads of office mentioned in Section 2(b), on what is covered by executive privilege. It does not purport to be conclusive on the other branches of government. It may thus be construed as a mere expression of opinion by the President regarding the nature and scope of executive privilege.
Red-bolding in above quotation is mine -- because it is precisely between Secions 2(a) and 2(b) that King Solomon has cut the Baby in half, in my reading of Senate versus Ermita. Although J. Carpio Morales spent the first 50 pages or so of the decision to motivate the invalidation of Sections 2(b) and (3) of EO 464, there was, in fine, a far greater concession granted to the Palace than the Senate. Since no infirmity, however, can be imputed to Section 2(a), the Supreme Court, by parity of reasoning has accepted, affirmed, upheld and perfected the President's "mere expression of opinion" regarding the nature and scope of executive privilege. The Supreme Court has made every single provision of Section 2(a) Subsections i, ii, iii, iv, and v, the Law of the Land (with a special ponencia by the President as an "Associate Justice") --
SECTION. 2. Nature, Scope and Coverage of Executive Privilege. –

(a) Nature and Scope. - The rule of confidentiality based on executive privilege is fundamental to the operation of government and rooted in the separation of powers under the Constitution (Almonte vs. Vasquez, G.R. No. 95367, 23 May 1995). Further, Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees provides that Public Officials and Employees shall not use or divulge confidential or classified information officially known to them by reason of their office and not made available to the public to prejudice the public interest.

Executive privilege covers all confidential or classified information between the President and the public officers covered by this executive order, including:

i. Conversations and correspondence between the President and the public official covered by this executive order (Almonte vs. Vasquez G.R. No. 95367, 23 May 1995; Chavez v. Public Estates Authority, G.R. No. 133250, 9 July 2002);

ii. Military, diplomatic and other national security matters which in the interest of national security should not be divulged (Almonte vs. Vasquez, G.R. No. 95367, 23 May 1995; Chavez v. Presidential Commission on Good Government, G.R. No. 130716, 9 December
1998).

iii. Information between inter-government agencies prior to the conclusion of treaties and executive agreements (Chavez v. Presidential Commission on Good Government, G.R. No. 130716, 9 December
1998);

iv. Discussion in close-door Cabinet meetings (Chavez v. Presidential
Commission on Good Government, G.R. No. 130716, 9 December
1998);

v. Matters affecting national security and public order (Chavez v. Public
Estates Authority, G.R. No. 133250, 9 July 2002).
I find it ominous that by a unanimous decision the Supreme Court seems to give blanket affirmation to the above enumeration of classes of information. Though based on past cases and decisions, I hope any new assertions of executive privilege still has to be justified separately and on its own merit based on the true needs of public and private interests, which is the only true justification for the assertions of executive privilege in all the cases.

Perhaps to balance its own Sunday Editorial: They Lost It which gloated at Palace Cabinet officials engaged spin, PDI's Monday Editorial: Don't Lose It praises the Decision some more, then gives the Opposition some advice --

One distinctive feature of the Supreme Court ruling, written by Associate Justice Conchita Carpio Morales, is its persuasive approach to the legal issues at hand. It keeps an even keel all throughout, and deploys arguments in such a way that even Palace apologists can read the finding as favoring the administration. Of course, the fact that the court decided unanimously is the persuasive factor par excellence. But the decision's careful balancing act must have helped win support from other justices, and recommends it to almost everyone in the public square.

The opposition must therefore use the ruling as an opportunity to build public consensus about the way we proceed from now on. The political theater of senators browbeating witnesses must come to an end. The spectacle of senators coming in late to hearings and repeating questions already asked must no longer be inflicted on the public. Not least, the practice of senators using the coercive power of the contempt citation as a punitive measure, as in the case of the (admittedly frustrating) testimony of National Security Adviser Norberto Gonzales, must stop. The democratic project is first about process, before it is about power.

Uh...Huh. Hmmm...

WHO REALLY WON?

I think it will depend on whether the Senate takes such advice, or decides to put the Decision itself, and the spin that has been given to it by both the Palace's conscious supporters and those who may have inadvertently given the Decision unwarranted early praise for being "balanced" and "well-reasoned." Just because it was a UNANIMOUS decision may also turn out to be either a good or a bad thing depending on what happens in the real world.

For example, an empirical test of what this Decision really stands for and means, is whether the Senate can in fact call back Secretary Norberto Gonzales to shed light on North Rail and Venable contracts. Or whether all those witnesses originally subpoenaed by the Senate Defense Committee to answer for alleged wiretapping operations of the ISAFP and the Garci Generals' involvement in the 2004 national election cheating in Mindanao.

As time passes and more people look at both the Decision and its consequences, it's true worth will be come evident. And what is the Baby that Solomon has cut in half, if that characterization of Senate v. Ermita is accurate?

I think that Baby is Congress' Power of Inquiry which some regard as the Constitutional embodiment of the Public's Right to Know.

The work I read over the weekend to try and make sense of all this from the perspective and experience of United States Jurisprudence is here in Investigative Oversight by Morton Rosenberg of the Congressional Research Service.

THE QUESTION HOUR DOCTRINE The "balancing of interests" technique that is redolent in the Decision, really centers around a distinction that the Court has seen fit to make between the Congress power of inquiry in aid of legislation which is locates in Article VI Section 21, and the power of inquiry in the discharge of its oversight duty, in Section 22.

Following the Decision's own avowed practice of construing government issuances in a manner that makes them Constitutional, I shall hope that the following quotation from Senate v. Ermita itself will apply in the coming controversies over it. Justice Carpio Morales says of the Arnault case --
The power of inquiry, the Court therein ruled, is co-extensive with the power to legislate. The matters which may be a proper subject of legislation and those which may be a proper subject of investigation are one. It follows that the operation of government, being a legitimate subject for legislation, is a proper subject for investigation.
By making the distinction that attendance at inquiries in aid of legislation is mandatory while that at inquiries of oversight are discretionary, and then accepting Section 2(a) in toto as having "no infirmity," has not the Supreme Court merely laid the basis for future exercises of gagging government officials, especially the highest level ones. For like the "chilling effect" of Proclamation 1017 on media, the pusillanimous in the government services, or those merely vulnerable to the pressures of higher authority, have already received the signal to observe omerta in all things. Mike Defensor was right, EO 464 has already "served its purpose."
What will become crystal clear in the next few weeks, I think, is how big a victory for President Arroyo last year's unanimous Supreme Court Decision, Senate vs. Ermita actually was.

Which is why I don't understand the Palace's over-reaction to the sudden Senate re-opening of the investigation into the Garci Recordings.

The President was too quick, I think, to be playing the Terror Card, with "I have a country to run, I have terrorists to fight, I have progress to make..." calling the Senators "titans of hate."

Secretary Ermita's broadcast threat to invoke EO 464 indicates he understands the real meaning of Senate vs. Ermita, and how much power it actually gave the Executive to keep the Legislature's long nose out of their internal affairs. It is not a hollow threat.

TIT FOR TAT with the Senate is what Justice Sec. Raul Gonzalez threatened with seeming relish yesterday, as he announced the intention to "re-open" an investigation into the "unindicted co-conspirators" of convicted US spy, Leandro Aragoncillo. But I think, if I were him, I would indeed let sleeping dogs lay on THAT one. It could backfire and any earnest prosecution has already been poisoned and prejudiced by Gonzalez. There could be some things there that even Raul Gonzalez might not want to come to light, such as US sentiments and evaluations of President Arroyo that might be unpleasant to bring up just now. It might even requiring bring Leandro Aragoncillo to the Philippines which could open a real Pandora's Box.


CAVEAT: I believe that the Garci Recording represent prima facie physical evidence of a crime against NATIONAL SECURITY, involving the illegal interception and recording of conversations between the President of the Republic and other high government officials, as well as private persons. The nature and content of those recorded conversations are irrelevant to the existence of this crime, which can and should be prosecuted under Section 1 of Republic Act 4200 The Antiwiretapping Law:
REPUBLIC ACT NO. 4200

AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES

SECTION (1A) It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or detectaphone or walkie-talkie or tape recorder, or however otherwise described:
On ANC's noon time Hot Seat today, Rep. Teddy Boy Locsin said that the House Committee Report on the Garci Controversy concluded that "a rogue institution"-- the Isafp -- had wiretapped the Commander in Chief.

The simple fact is that the Garci Recordings and Vidal Doble's testimony are evidence of that crime against national security. It is not widely recognized that RA 4200 the Antiwiretapping Law is explicitly a National Security Statute. Read Section 3:

SECTION (3A) Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a written order of the Court, to execute any of the acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security. Provided, That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to be committed: Provided, however, That in cases involving the offenses of rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, such authority shall be granted only upon prior proof that a rebellion or acts of sedition, as the case may be, have actually been or are being committed; (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the prevention of, any such crimes; and (3) that there are no other means readily available for obtaining such evidence.
This is the most satisfying answer to the "Poisoned Fruits Dilemma" that Sen. Dick Gordon tried to use in opposing the renewed Senate probe. He says that if they even touch the Garci recordings the whole Senate could go to jail. But not if you treat the Garci Recordings as evidence in an investigation into crimes against national security, such as bugging the Commander in Chief. This crime does not depend on the detailed nature of the conversations, but merely that they were made without the required Court Orders and oversight.

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Ninoy Aquino, the Plaza Miranda Bombing and Japanese Collaborators

AUGUST 21 is the double anniversary of the Plaza Miranda Bombing (1971) and the Assassination of Ninoy Aquino (1983) . Conrado de Quiros and Manolo Quezon, commemorated these events in their own widely imitated ways.


Conrado de Quiros presents a Cautionary Tale
about Presidential authoritarianism by drawing some rough parallels between Marcos and GMA, including a conveniently unfalsifiable theory that Marcos must've decided to declare Martial Law after the stunning defeat of his slate in the November midterm elections of 1971. But his take on the Plaza Miranda Bombing and the ensuing events, is a masterpiece in misdirection and political correctness--

CDQ: "The Plaza Miranda bombing took place in 1971. It was the “miting de avance” [proclamation rally] of the Liberal Party, preparatory to the senatorial elections of November. Two grenades were lobbed on to the stage where the entire Liberal Party slate was, sans Ninoy who had given notice he would be coming late -- yet another monumental, if tragic, irony, for he would be very much present and on time in the second event. The blast killed two spectators in front of the stage and wounded several others. Among those on the stage, Jovito Salonga caught the blast flush in the face and body. The others were wounded in various degrees. Nobody expected Salonga to live...Everyone blamed Marcos for the atrocity..."


There have always been two outstanding mysteries about the Plaza Miranda Bombing that Conrad does not address: (1) Who done it? and (2) Who told Ninoy about it so he could avoid being there?

Ninoy Aquino, it will be recalled, was the standard bearer of the Opposition and the Liberal Party slate in the 1971 midterms, and its presumptive topnotcher. His sudden non-appearance at the Miting de Avance in Plaza Miranda and decision to go instead to the Manila Hotel at the last minute, can only be explained by the idea that someone warned him not to go, someone he believed was telling the truth about a deadly plot to bomb the stage, enough to deter his appearance at what would've been a major political moment in his career.

So who warned Ninoy? We may never know the answer to this one for sure, but we do know the answer that Jovito Salonga himself gives to the first question of whodunit? -- It was NOT Marcos who bombed Plaza Miranda, but the CPP-NPA on Joma's orders and as carried out by no less than a team formed and led by Bernabe Buscayno (Kumander Dante). Why Ninoy may have been saved by Joma himself we may never know either. But the explanation that Ninoy was having secret dealings with the Left is not implausible, and certainly explains why Cory Aquino allowed him to set up the Utrecht Space Station, many years later when she became President in 1986.

Conrad does not mention this and prefers instead to embroider the comfortable old legend that Marcos bombed Plaza Miranda as part of his plot to perpetuate himself in power, because frankly, everyone, including me, was fooled for years into thinking that indeed it was Marcos's doing when all the time it was his accusers and the dastardly act's principal political beneficiaries--the CPP NPA whodunit! The most awful possibility to ponder is: did Ninoy collaborate with the CPP NPA to do the Plaza Miranda Bombing? I don't believe it for a moment.

But I think Conrad was being intellectually dishonest leaving this stuff out just because it doesn't fit the carefully nurtured myth that during martial law it was the communists and the Left who fought Marcos the hardest and paid the dearest price. The truth, as it later emerged, is that the CPP's catacylsm of paranoia near the end of Marcos's reign caused them to kill more of their comrades than Marcos's henchmen ever did.

Manolo Quezon's guest on his ANC show, The Explainer was Teddy Boy Locsin, who disagrees with Manolo's theory that GMA is about to do a Marcos in 2010. Teddy Boy says succinctly, "She doesn't have it in her." He also points out that unlike Marcos, GMA does not completely dominate the AFP and cannot wield it like Marcos did.

Manolo explores with Teddy Boy several important issues like that of the Marcos cronies, whom he likens to those accused of collaborating with the Japanese during World War II, but were "never punished," like Ninoy's own father, Benigno S. Aquino, Sr. and Claro Mayo Recto, whose family fortunes after the war perhaps bespoke of that profitable collaboration and the ironic preference of the Americans for them over the Hukbalahap. There is a strong parallel between the offal stench of ill-gotten wealth left to the Marcos cronies and the unexplained wealth of the clans and families of the Japanese Collaborators of yesteryear.

My own grandfather, Dean Jorge Cleofas Bocobo, former President of U.P. and Pres. Quezon's Secretary of Public Instruction, was one of these, serving in the Supreme Court under the Japanese puppet government, and jailed for a time at Iwahig Prison, later amnestied with the rest of the "Japanese Collaborators."

But when he died in 1965, happily and with no rancor, he smiled at us around his deathbed, and said his greatest legacy to us was a good name.

That good name has always been a heavy burden, because if Lolo was guilty of any crime, it would have to be his UNEXPLAINED POVERTY after a lifetime of service to the Government and the People at the highest, most lucrative levels of public office. As it's first Filipino Dean 1917-1934), the University of the Philippines College of Law Center is named after him.

After the war, he had no vast estates or lucrative businesses, houses, cars and other booty. But America always considered him a very special friend it seems, as many events, occasions and foreign visitors of my childhood proved. So he got to spend the last years of his life doing two great things: writing the Civil Code of the Philippines and translating the Noli Me Tangere and the El Filibusterismo into English, which task I often must've interrupted as a little boy running around his spartan bedroom full of books and magazines, and wondering what it was that made him so tranquil and self-assured, so quiet and understated, yet..superior, like only a true Aristocrat of the Mind can be. I discovered the secret much later for myself: there is no greater freedom and confidence you can have than that afforded by a clear and clean conscience.

I only wish that such a thing could automatically be inherited in our genes!

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Senator Trillanes Has Fingered Wahab Akbar as Abu Sayyaf?

ELLEN TORDESILLAS reports for ABSCBN NEWS on the meeting between Senator Rodolfo Biazon (Chairman of the powerful Senate National Defense Committee) and his detained colleague, Senator Antonio Trillanes, who has apparently been receiving information from active-duty officers and men and is seeking to participate in upcoming Committee hearings to fight for their cause. She reveals the deadly common thread between the Abu Sayyaf outrages in 2001 (Dos Palmas, the Lamitan Siege, the ordeal of Martin and Gracia Burnham) and the Tipo tipo Basilan Beheadings of July 10, 2007 that may have been the gist of the meeting with Sen. Biazon...

Akbar and the Ghost of the Lamitan Siege by Ellen Tordesillas

Coming from a meeting with detained Sen. Antonio Trillanes, Sen. Rodolfo Biazon, said there's a lot of similarities of the deadly incidents that happened in Lamitan on June 2, 2001 and in Tipo-Tipo last July 10, both in the province of Basilan.

Last Saturday's hostilities also in Basilan remind us of the Lamitan siege because the five officers who perished during the assault to take the Abu Sayyaf camp in Ungkaya Pukan were part of a Reconnaissance Class. They were on a test mission that is a prerequisite before graduation. In Lamitan, Scout Ranger Class 142-2000 under Course Director Capt. Ruben Guinolbay had just completed their test mission when ordered to prepare for deployment to the Southern Command area of responsibility.

In fact one of the recommendations that came out of the Lamitan debacle was to "desist from employing units which are not 100 percent combat ready."

But the commander on the ground knows better. Last Saturday's incident was a "legitimate encounter," a Marines officer said. The Task Force commander is Brig. Gen. Juancho Sabban, who is highly respected and trusted by the Marines.

"It was very hard to get the element of surprise because the enemies are everywhere. Politicians give info to enemies," the officer said by way of explaining the 15 fatalities on the military side (as against 30 to 40 on the Abu Sayyaf side).

The 2001 Lamitan siege had more similarities to the July 10 Al-barka (formerly Tipo-Tipo) encounter with elements of the Moro Islamic Liberation Front in terms of lapses. Fourteen Marines were killed, ten of them later beheaded and mutilated, in last month's tragedy that had spawned the ongoing hostilities not only in Basilan but also in Sulu.

We were reviewing the After Battle report on the Lamitan encounter, which involved the rescue of hostages from the Dos Palmas resort in Palawan and resulted in the death of four soldiers, and indeed there were eerie similarities: ill equipped troops, faulty information, lack of coordination, etc.

But what struck us was the part, "Capt. Guinolbay also went about soliciting the help of every soldier and policemen he could find to help solve the problem by being deployed around the compound. It is worth mentioning that during the crisis, there were a lot of policemen and soldiers at the mayor's residence that were called upon by Cpt Guinolbay but didn't lift a finger. The governor of the province was also at the mayor's residence at that time but neither of the executives came out to help or at least look at what's happening outside."

The Lamitan mayor in 2001 was Inocente Ramos and the governor was Wahab Akbar, who is now the province's representative. Akbar's first wife succeeded him as Basilan's governor. His second wife is the mayor of Isabela town. Another wife lost in her mayoralty bid in another town.

Last July 31, Akbar delivered his "I am Basilan" speech in the House of Representatives lamenting the public's association of him with the ASG. He said, "Abu Sayyaf is now nowhere to be found. And I would like to request the media to refrain from mentioning the presence of Abu Sayyaf in my province, for there is no Abu Sayyaf now in my province."

What then were the 20 to 30 ASG that the military claimed were killed in last Saturday's operations?

The Magdalo, the group led by Trillanes, posted in their Web site a letter from a concerned citizen about the alarming proliferation of arms in Basilan. Part of the letter, written before May 2007 when Akbar was still governor, says: "Governor Wahab Akbar of the Province of Basilan was recently engaged in the massive illegal procurement of high-powered firearms and distributed the same to prospective assassins, known notorious killers, criminals and hoodlums, including possibly a number of the Abu Sayyaf Group in the different municipalities in Basilan, specifically the municipalities of: Tipo-Tipo, Al Barkah, Ungkaya Pukan, Sumisip, Maluso, Lantawan, Akbar, and Mohammad Ajul.

"The said armaments included four (4) units of 81mm mortars; four (4) units 90RRs (Recoilless Rifles) an anti-vehicle and anti-personnel use tubes; one (1) sniper rifle meant to assassinate Wahab's political opponents; and several hundreds of M16s (automatic assault rifles), M60 rifles (sub-machineguns) and M203s (grenade launchers)."

Akbar has a justification of his extensive arms collection in his privilege speech: "Let me insert the facts that Muslim attitude towards firearms borders on obsession. They love guns so much. To me, they even prefer guns over their children and wives, their crazy-like mentality towards guns is very difficult to eliminate. Mr. Speaker, my distinguished colleagues, could you imagine they can carry their firearms everywhere but it is hard for them to carry their children on their laps, they can afford to sleep without their wives beside them but not their guns on their side. Every morning they see to it that their guns are clean and ready but cannot afford to wipe away the dirty noses of their own children? That's how they love their guns and guns, to them, are an extension of their manhood. Any action that would mean to remove their guns from them, to them is an act of insult. Family feud is common so they are not only using their guns against the military but they also use it as their protection."

The one common thread of Lamitan 2001, and Tipo-Tipo July 10 and Aug. 18, 2007 is Wahab Akbar. With his firepower, it's a deadly thread.

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President Quezon and King Canute's Lesson

The 1935 Constitution states: Art. XIV Section 3. The Congress shall take steps toward the development and adoption of a common national language based on one of the existing native languages. Until otherwise provided by law, English and Spanish shall continue as official languages. In 1937, Commonwealth President Manuel L. Quezon signed Executive Order No. 134, "Proclaiming the National Language of the Philippines Based on Tagalog".

More than just based upon it, Tagalog was renamed "Pilipino" -- in which thin disguise it became the "common national language." Or did it?

The 1973 Constitution and its language provisions are discussed at length by Marvin Aceron (La Vida Lawyer) in a June post


From 1973: "Section 3. (1) This Constitution shall be officially promulgated in English and Pilipino, and translated into each dialects spoken by over fifty thousand people, and into Spanish and Arabic, in case of conflict, the English text shall prevail.

(2) The National Assembly shall take steps towards the development and formal adoption of a common national language to be known as Filipino.

(3) Until otherwise provided by law, English and Pilipino shall be the official languages."

When the adoption of the 1973 Constitution was finally declared, the national language was supposed to be multi-language based, but the multi-lingualists did not appear to be the clear winner. The real outcome was contingent upon how the Batasang Pambansa was to evolve the multi-language based Filipino as the 1973 Constitution mandated.
1987 Founding Father Joaquin Bernas, S.J. weighs in on the National Language issue with Filipino or Pilipino or Tagalog? noting a recent heated debate over it in the House of Representatives. He explains the subtle distinction between "Filipino" and "Pilipino" as used in the 1987 charter which he helped to draft.
Bernas: "Under the 1987 Constitution, the basic policy on language is stated in Section 6 of Article XIV. It says:
“The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages. Subject to provisions of law and as the Congress may deem appropriate, the government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.”

As can be seen, Filipino, which was seen as a dream by the 1973 Constitution, is now categorically declared the “national language.” While the 1987 Constitution has retained the distinction between Filipino and Pilipino, it in effect has demoted Pilipino, the more developed language, in constitutional stature. In its stead, Filipino has been made the national and official language.
If I may summarize what has happened:

1935 A common national language is mandated by the Constitution.

1937 President Quezon proclaims Tagalog, renamed Pilipino, to be that common national language.

1973 A common national language is again mandated by the new Constitution, to be called Filipino, thus demoting Quezon's Pilipino, aka Tagalog, from "national language" to "official language, one of two along with English.

1987 The Filipino referred to in the 1973 Constitution was elevated to the status of that "common national language" even though in the short interval of 14 years Congress did not pass any law or do anything to "evolve" Filipino any further, for example by incorporating "Philippine and other languages" into the Pilipino of Commonwealth President Quezon as the 1973 charter mandated.

In a sense therefore, the "political deception" of the 1930s, in which Tagalog aka Pilipino became the national language, was continued in 1987, which proclaimed Filipino aka Pilipino unevolved, aka Tagalog as the common national language. The only real constant was the English language, the official language in which all the National Language making by successive governments and Constitutions was being conducted.

That, in my view is the SUBLIMINAL or SUBLINGUAL aspect of this whole thing. English is our official and real national language. Period.

But there is a deeper kind of deception, or common delusion that runs through all three Constitutional stabs at the common national language idea.

Perhaps it is IMPOSSIBLE to decree, legislate or even will into existence a common national language in an archipelago surrounded by oceans of language. Ethnologue lists 175 distinct languages in the Philippines, including the biggies like Cebuanao, Tagalog, Ilokano, Pampango, etc.

A national language is not like the national bird or the national flower, which you can just designate by law and that alone makes it so. NOT SO with such a mysterious and powerful thing as language.

From 1935 to 1973 to 1987 to 2007 the common thread in the thinking of our leaders and constitutionalists is the hopelessly vain and demonstrably nilpotent concept that a common national language can be politically and legislatively willed into existence.

Yet, even if between 1973 and 1987 some national language institute had indeed been busily "evolving" Pilipino and other Philippine languages into Filipino, they would only have produced a Frankenstein Monster composed of Tagalog, Ilokano, Pampango, Cebuano, Bicolano, Tausug, etc. that for sure NO ONE at all speaks in any such artifically defined configuration.

Language is the most powerful, most viral, most infectious of all the MEMES, for Language is the Meme that carries all other memes into our brains, and remains therein the actual "container" of those memes. Simply put, every idea that enters our head is immediately labelled in the language that it arrives in. Thus both payload and carrier occupy and suffuse into the newly entered brain.

Unfortunately for our common national language idea, it has been arriving in the brains of politicians, academics, and legislators in neither, Tagalog nor Pilipino nor Filipino, but in the very language in which you are reading this post!

For when you look at 1935, 1973 and 1987, it is very clear what the Lingua Anglica of the Filipinos truly is--the very language in which those pious incantations to conjure up the Genie of a Common National Language were themselves written and debated to this day.

Here is Manuel L. Quezon in that 1937 radio broadcast from Malacanan Palace: "It affords me an indescribable satisfaction to be able to announce to you that on this the 41st anniversary of the martyrdom of the founder and greatest exponent of Philippine nationalism, I had the privilege of issuing, in pursuance of the mandate of the Constitution and of existing law, an Executive Order designating one of the native languages as the basis for the national language of the Filipino people."

There must be some irony in the fact that Jose Rizal was a Spanish writer, even if he was the First Filipino, but President Quezon may have inadvertently smothered the common national language idea in its infant bed with such surpassingly beautiful English in birthing it. And the framers of every Constitution written since then have participated in the same infanticide while hoping Francisco Balagtas will be reincarnated in their best laid plans and progeny.

As it turns out, King Canute had better luck commanding the oceans to stop their ceaseless rolling, not knowing 'tis the Moon commands the tides.

In the 100 years since the Supreme Court and the Legislature have existed, what we have in the stream of official language are all the laws and decisions, debates and deliberations of these two branches of government whose entire output comes in the form of WORDS of a very powerful sort.

But this is now an objective and irreversible FACT: During the first Century of the Philippines as a democratically constituted republic English has been the medium of official communications of the government. It is the language in which every Constitution, save Malolos, has been originally written and promulgated. It is the language in which is written and promulgated, virtually every single law enacted by Congress and every decision rendered by the Courts.

The MEMORY of our Republic, the record of its existence during its first century, is ineradicably cast in the MEME of the English language. Thus even if by magic a national language is made tomorrow based on one or more or all of the 175 officially recognized languages in the Philippine Archipelago, it would have to contend with that First Century's worth of English grammar and composition.

Father Bernas ended yesterday's PDI column piece with a question: "So, when Congressman Lopez spoke at the Batasan in celebration of Linggo ng Wika, did he speak in Filipino, Pilipino or Tagalog?"

Hmmm...
if I were to guess, and knowing the habits of these Lower House talakitoks as Miriam Defensor Santiago calls them, I'm willing to bet you Rep. Lopez was thinking in English and translating into Pinoy English, Pinglish, which is the largest single English dialect in the world, when you count its native speakers. Since he was quoting and addressing all of the above Constitutions and linguistic history, how could he possibly avoid it?

But there is something that English has in common with Tagalog that was truly new only in the 1987 Constitution and a year 2000 Supreme Court decision we've been discussing here recently. King Canute should be rolling around laughing in his grave about this...and Jose Rizal too:

Both English and Tagalog are NON-INDIGENOUS languages according to the Supreme Court.

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Are Ilocanos, Pampangos, Tagalogs, Batanguenos, Naguenos, Cebuanos "Indigenous Peoples of the Philippines?"

NO, definitely NOT, according to the Supreme Court in a December, 2000 Decision (ISAGANI CRUZ and CESAR EUROPA versus CHAIRMAN and COMMISSIONERS OF THE NATIONAL COMMISSION ON INDIGENOUS PEOPLES et al, respondents ) upholding the Constitutionality of Indigenous People's Rights Act of 1997 by a 7 to 7 vote that ended up dismissing the prayer for mandamus and prohibition against IPRA--because of the tie!

In the Opinion rendered by now Chief Justice Reynato Puno for the seven prevailing justices (also the source of the Philippines Ancient History quoted in yesterday's post) , we find the exact definition and official list of the Indigenous Peoples of the Philippines:

Indigenous Cultural Communities/ Indigenous Peoples-- refer to a group of people or homogeneous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains."
Indigenous Cultural Communities or Indigenous Peoples refer to a group of people or homogeneous societies who have continuously lived as an organized community on communally bounded and defined territory. These groups of people have actually occupied, possessed and utilized their territories under claim of ownership since time immemorial. They share common bonds of language, customs, traditions and other distinctive cultural traits, or, they, by their resistance to political, social and cultural inroads of colonization, non-indigenous religions and cultures, became historically differentiated from the Filipino majority. ICCs/IPs also include descendants of ICCs/IPs who inhabited the country at the time of conquest or colonization, who retain some or all of their own social, economic, cultural and political institutions but who may have been displaced from their traditional territories or who may have resettled outside their ancestral domains.
1. Indigenous Peoples: Their History
Presently, Philippine indigenous peoples inhabit the interiors and mountains of Luzon, Mindanao, Mindoro, Negros, Samar, Leyte, and the Palawan and Sulu group of islands. They are composed of 110 tribes and are as follows:
1. In the Cordillera Autonomous Region-- Kankaney, Ibaloi, Bontoc, Tinggian or Itneg, Ifugao, Kalinga, Yapayao, Aeta or Agta or Pugot, and Bago of Ilocos Norte and Pangasinan; Ibanag of Isabela, Cagayan; Ilongot of Quirino and Nueva Vizcaya; Gaddang of Quirino, Nueva Vizcaya, Itawis of Cagayan; Ivatan of Batanes, Aeta of Cagayan, Quirino and Isabela.
2. In Region III-- Aetas.
3. In Region IV-- Dumagats of Aurora, Rizal; Remontado of Aurora, Rizal, Quezon; Alangan or Mangyan, Batangan, Buid or Buhid, Hanunuo and Iraya of Oriental and Occidental Mindoro; Tadyawan of Occidental Mindoro; Cuyonon, Palawanon, Tagbanua and Tao't bato of Palawan.
4. In Region V-- Aeta of Camarines Norte and Camarines Sur; Aeta-Abiyan, Isarog, and Kabihug of Camarines Norte; Agta, and Mayon of Camarines Sur; Itom of Albay, Cimaron of Sorsogon; and the Pullon of Masbate and Camarines Sur.
5. In Region VI-- Ati of Negros Occidental, Iloilo and Antique, Capiz; the Magahat of Negros Occidental; the Corolano and Sulod.
6. In Region VII-- Magahat of Negros Oriental and Eskaya of Bohol.
7. In Region IX-- the Badjao numbering about 192,000 in Tawi-Tawi, Zamboanga del Sur; the Kalibugan of Basilan, the Samal, Subanon and Yakat.
8. Region X-- Numbering 1.6 million in Region X alone, the IPs are: the Banwaon, Bukidnon, Matigsalog, Talaanding of Bukidnon; the Camiguin of Camiguin Island; the Higa-unon of Agusan del Norte, Agusan del Sur, Bukidnon and Misamis Occidental; the Tigwahanon of Agusan del Sur, Misamis Oriental and and Misamis Occidental, the Manobo of the Agusan provinces, and the Umayamnon of Agusan and Bukidnon.
9. In Region XI-- There are about 1,774,065 IPs in Region XI. They are tribes of the Dibabaon, Mansaka of Davao del Norte; B'laan, Kalagan, Langilad, T'boli and Talaingod of Davao del Sur; Mamamanua of Surigao del Sur; Mandaya of the Surigao provinces and Davao Oriental; Manobo Blit of South Cotabato; the Mangguangon of Davao and South Cotabato; Matigsalog of Davao del Norte and Del Sur; Tagakaolo, Tasaday and Ubo of South Cotabato; and Bagobo of Davao del sur and South Cotabato.
10. In Region XII-- Ilianen, Tiruray, Maguindanao, Maranao, Tausug, Yakan/Samal, and Iranon.
Here is the amazing thing--The NON-INDIGENOUS peoples of the Philippines, according to this Supreme Court decision are all the CHRISTIAN Filipinos, those very Ilocanos, Pampangos, Tagalogs, Cebuanos, etc. in this post's title.

This decision is clearly in violation of the equal protection principles of the Constitution, and most especially Separation of Church and State and the Bill of Rights on guarantees of religious freedom and equality before the Law.

Let me say it as plainly as I can.

The Supreme Court decided in Cruz vs. NCIP that:

ALL 110 officially designated Indigenous Peoples of the Philippines are non-Christian minorities.

NONE of the 110 officially designated Indigenous Peoples of the Philippines come from its Catholic majority populations and ethnic groups.

The officially designated IPs are all deemed to own "by native title" ancestral lands and domains, which their descendants now own. But the NON-IPs have no such lands or rights.

The difference is whether the ancestors of any given living ethnic group succumbed to Western colonialism and became Catholics or not. Those that "resisted colonialism" and did not become Catholics are the "Indigenous Peoples". Those that did have none of the rights now given to the IPs.

But many of the IPs also succumbed to colonialism and forced religious conversion. When Islam came, it was no different from when Christianity came...by the Sword and the Cross, or the Kris and the Crescent...soldiers and missionaries. But as long as the invaders were NOT Western, that group could still be considered an Indigenous People. That is how the Supreme Court crumbles the cookie.

Basically, ALL the Indigenous Peoples of the Philippines are those that supposedly did not succumb to Western Imperialism (such as the slave-raiding slave-trading Maguindanao and Sulu Confederacies that regularly invaded and pillaged the Visayas for centuries of certain Golden Age.)

UPDATES:

Chief Justice Artemio Panganiban, in a Separate Opinion on the Constitutionality of the IPRA Law, demolishes the ponencia of Chief Justice Reynato Puno:
SEPARATE OPINION
(Concurring and Dissenting)
PANGANIBAN, J.:
I concur with the draft ponencia of Mr. Justice Santiago M. Kapunan in its well-crafted handling of the procedural or preliminary issues. In particular, I agree that petitioners have shown an actual case or controversy involving at least two constitutional questions of transcendental importance,[1] which deserve judicious disposition on the merits directly by the highest court of the land.[2] Further, I am satisfied that the various aspects of this controversy have been fully presented and impressively argued by the parties. Moreover, prohibition and mandamus are proper legal remedies[3] to address the problems raised by petitioners. In any event, this Court has given due course to the Petition, heard oral arguments and required the submission of memoranda. Indeed, it would then be a galling copout for us to dismiss it on mere technical or procedural grounds.
Protection of Indigenous Peoples’ Rights Must Be Within the Constitutional Framework
With due respect, however, I dissent from the ponencia’s resolution of the two main substantive issues, which constitute the core of this case. Specifically, I submit that Republic Act (RA) No. 8371, otherwise known as the Indigenous Peoples’ Rights Act (IPRA) of 1997, violates and contravenes the Constitution of the Philippines insofar as --
1. It recognizes or, worse, grants rights of ownership over “lands of the public domain, waters, x x x and other natural resources” which, under Section 2, Article XII of the Constitution, “are owned by the State” and “shall not be alienated.” I respectfully reject the contention that “ancestral lands and ancestral domains are not public lands and have never been owned by the State.” Such sweeping statement places substantial portions of Philippine territory outside the scope of the Philippine Constitution and beyond the collective reach of the Filipino people. As will be discussed later, these real properties constitute a third of the entire Philippine territory; and the resources, 80 percent of the nation's natural wealth.
2. It defeats, dilutes or lessens the authority of the State to oversee the “exploration, development, and utilization of natural resources,” which the Constitution expressly requires to “be under the full control and supervision of the State.”
True, our fundamental law mandates the protection of the indigenous cultural communities’ right to their ancestral lands, but such mandate is "subject to the provisions of this Constitution."[4] I concede that indigenous cultural communities and indigenous peoples (ICCs/IPs) may be accorded preferential rights to the beneficial use of public domains, as well as priority in the exploration, development and utilization of natural resources. Such privileges, however, must be subject to the fundamental law.
Consistent with the social justice principle of giving more in law to those who have less in life, Congress in its wisdom may grant preferences and prerogatives to our marginalized brothers and sisters, subject to the irreducible caveat that the Constitution must be respected. I personally believe in according every benefit to the poor, the oppressed and the disadvantaged, in order to empower them to equally enjoy the blessings of nationhood. I cannot, however, agree to legitimize perpetual inequality of access to the nation's wealth or to stamp the Court's imprimatur on a law that offends and degrades the repository of the very authority of this Court -- the Constitution of the Philippines.

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Do You Think This Version of Ancient Philippine History Is Credible?

CLICK HERE FOR MORE PHILIPPINE COMMENTARIES ON ANCIENT PHILIPPINE HISTORY

Here is a very interesting BRIEF HISTORY OF ANCIENT PHILIPPINES written by a rather famous and important person, but I am not sure if everything in it is believable or true. After taking a few minutes to peruse this work, I would love to hear your take on the claims of historicity made in it.

Do you think this version of Philippine History is credible in whole or in part?

How indigenous peoples came to live in the Philippines early as 25,000 to 30,000 B.C.
Before the time of Western contact, the Philippine archipelago was peopled largely by the Negritos, Indonesians and Malays. The strains from these groups eventually gave rise to common cultural features which became the dominant influence in ethnic reformulation in the archipelago. Influences from the Chinese and Indian civilizations in the third or fourth millenium B.C. augmented these ethnic strains. Chinese economic and socio-cultural influences came by way of Chinese porcelain, silk and traders. Indian influence found their way into the religious-cultural aspect of pre-colonial society.

The ancient Filipinos settled beside bodies of water. Hunting and food gathering became supplementary activities as reliance on them was reduced by fishing and the cultivation of the soil. From the hinterland, coastal, and riverine communities, our ancestors evolved an essentially homogeneous culture, a basically common way of life where nature was a primary factor. Community life throughout the archipelago was influenced by, and responded to, common ecology. The generally benign tropical climate and the largely uniform flora and fauna favored similarities, not differences. Life was essentially subsistence but not harsh.

The early Filipinos had a culture that was basically Malayan in structure and form. They had languages that traced their origin to the Austronesian parent-stock and used them not only as media of daily communication but also as vehicles for the expression of their literary moods. They fashioned concepts and beliefs about the world that they could not see, but which they sensed to be part of their lives. They had their own religion and religious beliefs. They believed in the immortality of the soul and life after death. Their rituals were based on beliefs in a ranking deity whom they called Bathalang Maykapal, and a host of other deities, in the environmental spirits and in soul spirits. The early Filipinos adored the sun, the moon, the animals and birds, for they seemed to consider the objects of Nature as something to be respected. They venerated almost any object that was close to their daily life, indicating the importance of the relationship between man and the object of nature.

The unit of government was the "barangay," a term that derived its meaning from the Malay word "balangay," meaning, a boat, which transported them to these shores. The barangay was basically a family-based community and consisted of thirty to one hundred families. Each barangay was different and ruled by a chieftain called a "dato." It was the chieftain's duty to rule and govern his subjects and promote their welfare and interests. A chieftain had wide powers for he exercised all the functions of government. He was the executive, legislator and judge and was the supreme commander in time of war.

Laws were either customary or written. Customary laws were handed down orally from generation to generation and constituted the bulk of the laws of the barangay. They were preserved in songs and chants and in the memory of the elder persons in the community. The written laws were those that the chieftain and his elders promulgated from time to time as the necessity arose. The oldest known written body of laws was the Maragtas Code by Datu Sumakwel at about 1250 A.D. Other old codes are the Muslim Code of Luwaran and the Principal Code of Sulu. Whether customary or written, the laws dealt with various subjects, such as inheritance, divorce, usury, loans, partnership, crime and punishment, property rights, family relations and adoption. Whenever disputes arose, these were decided peacefully through a court composed by the chieftain as "judge" and the barangay elders as "jury." Conflicts arising between subjects of different barangays were resolved by arbitration in which a board composed of elders from neutral barangays acted as arbiters.

Baranganic society had a distinguishing feature: the absence of private property in land. The chiefs merely administered the lands in the name of the barangay. The social order was an extension of the family with chiefs embodying the higher unity of the community. Each individual, therefore, participated in the community ownership of the soil and the instruments of production as a member of the barangay. This ancient communalism was practiced in accordance with the concept of mutual sharing of resources so that no individual, regardless of status, was without sustenance. Ownership of land was non-existent or unimportant and the right of usufruct was what regulated the development of lands. Marine resources and fishing grounds were likewise free to all. Coastal communities depended for their economic welfare on the kind of fishing sharing concept similar to those in land communities. Recognized leaders, such as the chieftains and elders, by virtue of their positions of importance, enjoyed some economic privileges and benefits. But their rights, related to either land and sea, were subject to their responsibility to protect the communities from danger and to provide them with the leadership and means of survival.

Sometime in the 13th century, Islam was introduced to the archipelago in Maguindanao. The Sultanate of Sulu was established and claimed jurisdiction over territorial areas represented today by Tawi-tawi, Sulu, Palawan, Basilan and Zamboanga. Four ethnic groups were within this jurisdiction: Sama, Tausug, Yakan and Subanon. The Sultanate of Maguindanao spread out from Cotabato toward Maranao territory, now Lanao del Norte and Lanao del Sur.

The Muslim societies evolved an Asiatic form of feudalism where land was still held in common but was private in use. This is clearly indicated in the Muslim Code of Luwaran. The Code contains a provision on the lease of cultivated lands. It, however, has no provision for the acquisition, transfer, cession or sale of land.

The societies encountered by Magellan and Legaspi therefore were primitive economies where most production was geared to the use of the producers and to the fulfillment of kinship obligations. They were not economies geared to exchange and profit. Moreover, the family basis of barangay membership as well as of leadership and governance worked to splinter the population of the islands into numerous small and separate communities.

When the Spaniards settled permanently in the Philippines in 1565, they found the Filipinos living in barangay settlements scattered along water routes and river banks. One of the first tasks imposed on the missionaries and the encomenderos was to collect all scattered Filipinos together in a reduccion. As early as 1551, the Spanish government assumed an unvarying solicitous attitude towards the natives. The Spaniards regarded it a sacred "duty to conscience and humanity to civilize these less fortunate people living in the obscurity of ignorance" and to accord them the "moral and material advantages" of community life and the "protection and vigilance afforded them by the same laws."

The Spanish missionaries were ordered to establish pueblos where the church and convent would be constructed. All the new Christian converts were required to construct their houses around the church and the unbaptized were invited to do the same. With the reduccion, the Spaniards attempted to "tame" the reluctant Filipinos through Christian indoctrination using the convento/casa real/plaza complex as focal point. The reduccion, to the Spaniards, was a "civilizing" device to make the Filipinos law-abiding citizens of the Spanish Crown, and in the long run, to make them ultimately adopt Hispanic culture and civilization.

All lands lost by the old barangays in the process of pueblo organization as well as all lands not assigned to them and the pueblos, were now declared to be crown lands or realengas, belonging to the Spanish king. It was from the realengas that land grants were made to non-Filipinos.

The abrogation of the Filipinos' ancestral rights in land and the introduction of the concept of public domain were the most immediate fundamental results of Spanish colonial theory and law. The concept that the Spanish king was the owner of everything of value in the Indies or colonies was imposed on the natives, and the natives were stripped of their ancestral rights to land.

Increasing their foothold in the Philippines, the Spanish colonialists, civil and religious, classified the Filipinos according to their religious practices and beliefs, and divided them into three types . First were the Indios, the Christianized Filipinos, who generally came from the lowland populations. Second, were the Moros or the Muslim communities, and third, were the infieles or the indigenous communities.

The Indio was a product of the advent of Spanish culture. This class was favored by the Spaniards and was allowed certain status although below the Spaniards. The Moros and infieles were regarded as the lowest classes.

The Moros and infieles resisted Spanish rule and Christianity. The Moros were driven from Manila and the Visayas to Mindanao; while the infieles, to the hinterlands. The Spaniards did not pursue them into the deep interior. The upland societies were naturally outside the immediate concern of Spanish interest, and the cliffs and forests of the hinterlands were difficult and inaccessible, allowing the infieles, in effect, relative security. Thus, the infieles, which were peripheral to colonial administration, were not only able to preserve their own culture but also thwarted the Christianization process, separating themselves from the newly evolved Christian community. Their own political, economic and social systems were kept constantly alive and vibrant.

The pro-Christian or pro-Indio attitude of colonialism brought about a generally mutual feeling of suspicion, fear, and hostility between the Christians on the one hand and the non-Christians on the other. Colonialism tended to divide and rule an otherwise culturally and historically related populace through a colonial system that exploited both the virtues and vices of the Filipinos.

Is this history credible to you? Are the factual claims more or less correct to your knowledge? Is the timeline plausible? As a more or less self-contained narrative, and accepting that all factual claims are true, is this History internally consistent? If you were a History teacher what grade would you give the above essay?

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Open Minds and Closed Caskets

A TRIBUTE TO THE GALLANTRY OF THE FILIPINO SOLDIER

We are allowed to cry, at Philippine Commentary!

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What Some People Don't Know About Galileo's MAGNIFYING TELESCOPE

HAR! HAR! HAR! HAR! HAR! (Just have to get that out of the way so I can write this post.)

ANTONIO CALLIPJE GO, Crusader - Against - Textbook - Errors, has recently appointed a new Board of Censors, who, being only human, are so flattered they have replied with an Editorial ("Shame!") that virtually elevates the Crusader into an English Knight of Correct Knowledge. Citing the latter's full-page newspaper ads exposing many funny typos and true errors in published textbooks for the public and private schools, PDI bemoans Go's failure to bring Correct Knowledge to the Masses thru the Socialist Dept. of Education...

All to no avail. Six years later, Filipino schoolchildren still read such enlightening stuff as: “Many Filipino men and women have brains” or “Galileo invented a magnifying telescope to study the moon.” And their vocabulary is enriched by learning that the male organ is called “titi” while a pimp is known as “titatita.”
What Antonio Go finds "incorrect" and the PDI projects as "funny" is the use of the term "magnifying telescope" in a Public School Science textbook whose context we do not know, but out of context certainly is "funny" because the expected and more common term is "magnifying glass". But it seems self-evident that both Mr. Go and the editorialist have only ever encountered the term "magnifying glass" and therefore find the term "magnifying telescope" strange...just like most illiterates are befuddled by letters, words and figures, and will laugh at them because of their strangeness!

It is actually funny only to folks who never made it past Science 101 cause they were scared of it, and to the now famous "Academic Director" of the Marian School in Quezon City. Because in the world outside our tidy lil fishbowl, "magnifying telescopes" play a major scientific and technological role...

Here astrophysicists and astronomers are using the world's largest MAGNIFYING TELESCOPE to study the remnants of the supernova seen by Chinese astroners 1000 years ago: the beautiful Crab nebula.

Here is a great article from Orgone Laboratory on the role that a magnifying telescope played in the famous Michaelson-Morley Experiment (known to all college physics students), which proved that Albert Einstein was right: the speed of light is a constant no matter how fast you are moving when you make the measurement!

In case you think it's an old term from Einstein's heyday, just search G o o g l e for MAGNIFYING TELESCOPE and what are a few modern uses of Galileo's marvelous invention?

The very first hit is a Patent Disclosure for an Extended Source Laser Illuminator: "
The apparatus comprises a laser to emit a light beam, and a magnifying telescope, including a negative lens to expand the light beam and a positive lens to collimate the expanded light beam."

Here is a magnifying telescope used for colposcopy--the examination of the human cervix (not the brain?). All of LAPAROSCOPY uses magnifying telescopes (sometimes called telemicrosopes).

But let's not leave the little boys out, because there is the Go Scope Magnifying Telescope Boys N Their Toys.

Here is a Magnifying Telescope used in a Collinearly Phase Matched Parametric Generator Amplifier.

And from the THINK QUEST LIBRARY we have this: "
In 1609, Galileo became the first man to use a telescope for astronomy. His telescope was simple and gave him blurry images, but he used it to look at the moon and stars. It was a ten times magnifying telescope, but he was able to see more than anyone else at the time. Galileo made drawings of what he saw. Galileo also studied planets. He was able to see Jupiter and four of its largest moons."

Here astrophysicists and astronomers are using the world's largest MAGNIFYING TELESCOPE to study the remnants of the supernova seen by Chinese astroners 1000 years ago: the beautiful Crab nebula.

Oh God, this hurts...HAR HAR HAR HAR HAR!

Well, so much for the subject of Science Education from Antonio Callipje Go and the Philippine Daily Innuendo, who both apparently don't like the words TITI and TITA-TITA appearing in a dictionary for Public School students. Speaking of the contents of the Basic Education Curriculum, what do we find about these other subjects in the newspaper?

Here is today's Pilipino (cum French swardspeak) language lesson from the Inquirer:

"It was again time for me to go spotting, and spotting moi did, palanggas. Moi told her once, “Don’t stretch your luck, dahling.”"

Here is a Lesson in both Nutrition and Values Ed on Breastfeeding:

"I'm a true believer in this natural act and gift. As a mother, I was delighted to be named the first "Idol ng Breastfeeding 2007." Never in my wildest dreams did I think that my breasts would ever take center stage. But for this humane advocacy, I am more than happy to display my breasts. Well, at least in pictures where my baby A----- is attached... I've found breastfed children to be more social and more fashionable. My little A is like a mini-me. At the anniversary party of Rajito, the ready-to-wear kids apparel of the House of ..."

Of course there is plenty more of Inquirer science education:

Clairvoyance can also mean “the faculty of seeing with the inner eye or spiritual sight.” Documented clairvoyant abilities are numerous.

The well-known Israeli psychic Uri Geller demonstrated his uncanny ability to germinate within minutes radish seeds on his palm simply by mentally commanding them to grow.

I witnessed this remarkable demonstration of Geller’s psychic power during an international convention in Düsseldorf, Germany in 1994. About a thousand other people in the audience also witnessed the event.

When I went to this huge factory, I brought a clairvoyant and a Chinese feng shui expert. We all felt the presence of many highly negative and angry spirits, both human and elemental.

Here is an interesting combination of Religion, Arithmetic and uhmm, Inorganic Biology:

The Miraculous Medal Apostolate (MMA) turns 50 on Aug. 15, feast of Our Lady of the Assumption....The Medal of the Immaculate Conception (the Miraculous Medal) was designed by the Blessed Virgin Mary herself.

(I'm just picking these at random from today's Inquirer GLASS HOUSE Website!)

Perhaps what the editorialists are ignoring in supporting Mr. Go uncritically is that just like the newspaper publishing industry and the rest of Media, the academic publishing industry also partakes of academic freedom and freedom of speech to produce goods and services that are ideally judged by the market. Fortunately that is true for all private textbook publishers and non-government owned newspapers and other media. If you don't like the content, style or format of a newspaper or textbook, you don't have to buy it. (And God knows, the media cannot be "holier-than-thou" on the matter of bloopers and tall tales in their own daily productions.)

Where Antonio Callipje Go has however struck justifiably are various anomalies attendant upon the PUBLIC SCHOOL SYSTEM, which does not operate under market forces at all, unless of course Mr. Go himself is for sale as the PDI itself wonders....Hmmm..

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Understanding the Definition of Terrorism Under the Human Security Act


ABSCBN's Maria Ressa reports on growing proof that the MILF has been harboring Jemaah Islamiyah terrorists,
including Bali Bombers Umar Patek and Dulmatin, and Zulkifli Abdhir. This perhaps presages the addition of the MILF to Foreign Terrorist Organization lists maintained by the US and EU.

Congressman Pabling Garcia, considered to be an outstanding legal mind in the House of Representatives, disappoints with a Privileged Speech in which he presents a very shallow and superficial interpretation of the definition of terrorism as found in the Human Security Act of 2007, which leads him to the entirely erroneous conclusion that such obvious terrorist crimes as the Superferry 14 Bombing, the Basilan Beheadings and even September 11 attacks in the U.S. do not qualify as terrorist acts under the HSA.

REP GARCIA: The HSA requires that such an act sow and create a condition of widespread and extraordinary fear and panic, that the act is done “in order to coerce the Government to give in to an unlawful demand.”

“Unless and until these two additional essential elements are present, there is no crime of terrorism. The act may constitute an ordinary crime of murder, kidnapping or arson, etc. but certainly not terrorism,” Garcia said.

Garcia said the 9-11 attacks, the London bombings in 2005 and most of the bombings in Iraq do not constitute terror under the Philippine definition.

“Why not? These bombings were not done in order to coerce the American, the English or the Iraqi governments to give in to an unlawful demand,” he said.

Garcia said the killing of 14 Marines and the decapitation of 10 of them in Al-Barka, Basilan last July also did not suffice as a terrorist act under the HSA.

“Oh, yes, it was a terrorist act, but not under the Human Security Act. It caused widespread fear but there was no demand [made on the government],” Garcia said.

Neither could the Super Ferry bombing in February 2004 be considered an act of terror under the HSA, he said.

With all due respect, I think that Rep. Garcia imposes a requirement on the definition that it does not in fact make. I assert that the ATTEMPT of terrorists to sow or create a condition of widespread fear and panic NEED NOT SUCCEED for the element of INTENT to sow and create such a condition to be present. Indeed, the authorities certainly do not WANT the Public to react with fear and panic, no matter how terrible some terrorist act is. So, the second element of using as a tactic the sowing of fear and panic can be present EVEN IF IT DOESN'T WORK.

Now, as Prof. Clarita Carlos of the National Defense College told me, it is very difficult to prove INTENT when it comes to criminal cases. I agree, but that is why the crime of terrorism is not a "simple crime" to prove and cannot easily be applied willy nilly to just anybody.

But let me present a new point. I think there are certain ACTS that fall under Element One of the definition, which, by the specific nature of the acts themselves inherently imply just such a criminal intent as specified in Element Two to sow fear and panic. Suppose for example that a terrorist team tries to poison the Manila water supply with highly toxic chemical or biological agents; or to cause widespread suspicion of the food supply by poisoning rice and flour stocks; or the use of nuclear, biological and other unusual weapons of mass destruction. Such hypothetically heinous and deadly acts, I think most reasonable people would agree, by their very nature imply the INTENTION to sow and create widespread fear and panic.

I think that is really what the Second Element refers to: that the component criminal act, which is already punishable under the Revised Penal Code and other laws, is nonetheless of such a perhaps spectacular or otherwise inherently terrible nature in its use of weapons, its scale, or its sheer lethality and cruelty, that the second element is self-evidently present.

The Basilan Beheadings fall under this category of heinous crimes and clearly contain Element Two of the Crime of Terrorism.

Rep. Garcia also falls prey to what I call "the Colmenares Fallacy" after the NUJP lawyer who claimed early on that if a suicide bomber runs into a Jollibee Restaurant and detonates himself killing dozens, but without shouting out some kind of unlawful demand, then it is not an act of terrorism.

This addresses Element Three of the definition: the goal of "coercing the government to give in to an unlawful demand."

What "unlawful demands" were the perpetrators of the Basilan Beheading and the SuperFerry 14 Bombing trying to coerce the government to give into by undertaking those acts?

First, who WERE the perpetrators of the Super Ferry Bombing and the Basilan Beheadings. Well, the Abu Sayyaf in both cases, and together with MILF rebels in the case of Basilan.

What DEMANDS have the ASG-MILF been making on the government? Well, they want the government to SURRENDER most of Philippine sovereign territory south of the Visayan Islands to a subsidiary of Al Qaeda, Jemaah Islamiyah and local warlords. They have been actively consorting with, getting training from, and harboring the persons, girlfriends, wives and children of such illustrious personalities as Dulmatin, Umar Patek and Zulkifli Abdhir in "closed boxes" and "MILF territory" in Cotabato, Basilan, Jolo and elsewhere in Mindanao.

Thus, every violent criminal act these organized political crime syndicates commit, which by their savage and unusually terrible nature satisfy both Elements One and Two, may indeed be regarded as done in order to achieve their over-arching political goals of separatism, secession and overthrow of the present Republic as duly constituted.

It is the very Constitution and democratic form of government that the ASG-MILF terrorists want the government to violate, compromise and surrender to their essentially insane demands. I think they want to create Bangsamorostan in Mindanao for their friends in The Base, and I fear that the government of President Arroyo is actually about to give them what they want.

Either the definition truly is terrible or Rep. Garcia does not see how it is in fact applicable to all of his examples.


Here in Section 3 of Republic Act 9372 (The Human Security Act) which contains the definition of the crime of terrorism:
SEC. 3. Terrorism. – Any person who [ELEMENT ONE] commits an act punishable under any of the following provisions of the Revised Penal Code:

1. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup d‘Etat), including acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious Illegal Detention);
6. Article 324 (Crimes Involving Destruction,

or under

1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and Anti-highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)

[ELEMENT TWO] thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, [ELEMENT THREE] in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
The three elements of the crime of terrorism as defined in the law:

[ONE] Criminal ACTS under one or more of a specified list of existing laws (piracy, rebellion, murder, arson, kidnapping, etc.) ;

[TWO] Used as TACTIC ("thereby") to sow and create of a condition of widespread and extraordinary panic among the populace.

[THREE] With the GOAL ("in order to") of coercing the government to give in to an unlawful demand.


I hope it becomes clearer to important minds like Rep. Pabling Garcia that groups like the Abu Sayyaf and their cohorts in the MILF and MNLF, and outfits like the CPP-NPA, who are all already on Terrorists lists of the US and the EU, are really the only ones that have a chance of qualifying as terrorists under the HSA, precisely because of such a STRINGENT definition.

I hope he will see how all three elements indeed apply to the Basilan Beheadings, the Super Ferry Bombings, and Sept. 11 (ferchrissakes!)

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Ancestral Domain Regime or Bangsamorostan?


President Gloria Macapagal Arroyo said yesterday in a speech to businessmen:

If it would not adversely affect the Philippine negotiating position and provoke alarm among Christians, a pilot implementation of the envisioned Muslim ancestral domain regime shall be undertaken, to demonstrate our sincerity to achieve peace,” Ms Arroyo said.

She said the government had declared many ancestral domains among indigenous peoples.

“I really don’t see why anybody should be scared if there is an ancestral domain declared for the Muslim people,” she added.

The issue of ancestral domain or territory is about the areas to be recognized as part of a Muslim homeland and which will be placed under a so-called Bangsamoro Juridical Entity (BJE), the probable name of the governing body of the new Moro homeland.

It is not clear how much autonomy the BJE will have. But the proposal is for the MILF to have full fiscal, political and religious authority in the BJE.

A Muslim homeland?? Oh! But please don't be alarmed! This is all for the sake of demonstrating our sincerity in seeking peace. As for the non-Muslims majorities that live in the coming new Bangsmorostan they will just have to live in dhimmitude I suppose. Now if we think South Korean immigrants are a problem, wait till "our partners in the peace process" start bringing in tourists from South Waziristan.

Hey what about a Christian homeland? A Buddhist homeland? A Jehovah's Witnesses homeland? A homeland for the El Shaddai? A homeland for Protestants, Methodists, Baptists, Presbyterians, Hindus, Seventh Day Adventists?

So this is how Al Hadj Murad, Eid Kabbalu and the MILF warlords are going to attain the same status of Sultan as Nur Misuari and the first bunch of pretenders to represent the Bangsamoro people. By being given modern encomiendas. Now if we think South Korean immigrants are a problem, wait till "our partners in the peace process" start bringing in tourists from South Waziristan.

Meanwhile, nine out of ten of the soldiers killed in an ambush August 7 in Maimbung, Sulu were Muslim recruits integrated into the Philippine Army from Jolo and Zamboanga and were former MNLF fighters. This was revealed yesterday by Chief of Staff Gen. Hermogenes Esperon during a Press Conference at Camp Aguinaldo. MNLF chairman Hashim Salamat and his Consigliere Atty. Firdausi Abbas confirmed on television that Maimbung was an ambush in revenge for the separate killing recently of a local MNLF functionary. I guess they really don't like it when mujahideen return to the folds of the Law and will just as soon murder Muslims as Christians or lumads.

But National Defense Secretary Gilbert Teodoro, Jr., and Chief of Staff General Hermogenes Esperon have obviously been given highly complex marching orders by President Gloria Macapagal Arroyo, judging by some of their comments at a Press Conference in Camp Aguinaldo on Monday. Namely to go hammer and tongs after "the Abu Sayyaf terrorists and lawless elements" in an "all out war without let-up" while vouchsafing, pre-exonerating and excluding from all LAW ENFORCEMENT efforts certain "partners of government in the peace process" namely the MNLF and MILF, one because of a past peace accord, and the other because of one in the offing.

Both were at great pains to describe the LIMITS of this so-called all-out war. They actually mouthed the words "collateral damage" which made all the evening newscasts and is still reverberating in Mass Media's Echo Chambers. But no one will mention the fact that in the recent spate of terrorist bus bombings, killing civilians and damaging public infrastructure is central to the terrorist goals, whose violence is indiscriminate as it is deadly. There is no collateral damage in a terrorist attack. It is all intentional.

No wonder young Bert Teodoro and Gen. Esperon looked like they hadn't slept for days, having just come back from the front lines in Basilan after the Philippine Military suffered its worst death toll at the hands of...surrealistically enough...the MILF first in Basilan on July 10 (14 dead, 10 beheaded), and then since August 7, another 27 Philippine Marines have been killed in clashes with the MNLF, the two "partners of government" in the "peace process."

Both of them looked like they hadn't slept for days, having just returned from Basilan and the front line in what Media describes as an "all out war" or a "government offensive".

But the sentence needs to be completed: it is an ALL-OUT WAR against the Abu Sayyaf, but the MNLF and the MILF are both exempted from the law enforcement operations EVEN IF both "Liberation Fronts" have openly admitted their hand in the ambush killings of the Marines in Basilan and Sulu. In fact, the MILF still claims (brags?) on its website that it actually killed 23 Marines on July 10 in Basilan, not 14 as the number of caskets at Fort Bonifacio subsequently attested. And I heard the MNLF chairman SAY that Maimbung, Sulu WAS an ambush in revenge for the killing of a local MNLF leader in an "encounter" recently.


Both the MILF's and MNLF's ambuscade-murders of uniformed Marines are surely just as HEINOUS-- as ASG's Scavenger-Beheadings--so why have the MNLF and MILF been granted a Get Out Of Jail Free card by the President herself??

How can there ever be Peace without Justice?

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Peace Talks Ain't About Trust--But Compromise Over Permanent Interests


[CLICK ON IMAGE TO MAGNIFY]

2007 is a year that will live long in Philippine History, I reckon, because real events since the July 10 Basilan Beheadings will force the country and its leadership to now confront certain dearly held delusions and misconceptions about "the peace process" in Mindanao, over which there is such rampant moral and intellectual confusion all over the Media and Punditocracy.

That is nothing compared of course, to the somnambulism of the political leadership of the Palace and the Congress. The President did nothing for a month. The Senators preen themselves and squabble as the Military fries. Worse, it is not clear any more what Rules the Judiciary intends to play by. The Chief Justice has called the war on terrorism "mindless" and the anti terrorism law "a knee jerk reaction" in a highly political speech poisoning the law enforcement aspect in precisely the manner that the Judicial Code of Ethics intended to prevent.

[CLICK ON IMAGE TO MAGNIFY]

But take for example today's PDI editorial Dying in Sulu. Noting that "too many" Philippine soldiers have died recently in hunting down the beheaders and the foreign terrorists they are harboring, the editorial asks, "What did they die for?" and answers--

They died in pursuit of the remnant Abu Sayyaf, and especially of two Jemaah Islamiyah leaders: Dulmatin and Umar Patek. That they were killed, in all likelihood, by members of the Moro National Liberation Front, an organization the government signed a peace accord with a decade ago, makes their sacrifice all the more heartbreaking.

Or all the more pointless—if, that is, we credit those who have never believed a lasting peace with Moro separatist groups was possible. For them, every armed encounter, every ambush, is fresh proof that Muslims cannot be trusted.

For those of us who believe in the possibility of lasting peace in the South, however, every armed encounter, every ambush, is proof positive that the peace process is as necessary as ever.

Necessary as ever? I think, if anything, recent events have shown that even the achievement of a peace accord, which is the end of the "peace process" has not been SUFFICIENT to bring about peace. Perhaps that is bacause there is NO PEACE without JUSTICE, as even the Moros assert. But it certainly makes the NECESSITY of peace talks a questionable thing, if even its successful conclusion is NOT ENOUGH to make peace.

For some reason, the editorial is not convincingly heartbroken over the sacrifice of the Marines, nor were their deaths pointless. The point is they are heartbroken the 1996 peace accord did not prevent the deaths and disastrous debacles that they are now forced to report on the front page. But the Peace Talks ARE pointless if we cannot sign a peace accord with anyone that is in any position to guarantee the peaceful future actions of those who DON'T literally sign some piece of paper in front of the Malaysians bribing them with some substantial portion of the sovereign territory.

But the essential confusion displayed by the editorial is over the question of TRUST in the matter of peace talks: Peace talks ain't about trust, because they are really about BOTH sides compromising certain permanent interests they each have. Unless there is a willingness to compromise over such interests, on both sides, there is really no basis for "peace talks".

But some people, including the editorialist, evidently believes that peace talks are really a matter of whether we trust the other side or not, whether we believe in peace enough to make it happen EVEN IF the other side does not want it. That is naive to say the least, and reveals a dangerous and entirely false premise that the government side CAN make peace happen if it just wants too badly enough. Here is more confusion from PDI:
Certainly, the government’s iron fist must come down hard on those who coddle the JI terrorists and the Abu Sayyaf bandits. But the government must do so without losing sight of the true national interest: not merely to pursue the terrorists or to punish those who offer them sanctuary, but to establish the basis of a lasting peace. As President Macapagal-Arroyo said in the first of three statements she released over the weekend: “The military offensive against the Abu Sayyaf must continue, not as an act of vengeance but as a strategy to win the peace.” Much about the offensive in Sulu remains confusing, and confused.
You got that right, PDI, and I expect your many imitators and plagiarists to sow even more confusion in the next few days as these arguments are used and re-used to befuddle the public even more about what ought to be done.

What is not widely recognized is that "the Enemy" has no such moral or intellectual confusions evident in the daily newspapers and broadcasters, columns and editorials. Certainly not since the local secessionist and separatist warlords and intellectuals linked up with the Global Jihad. The latter process has become largely complete under the cover of peace talks and the low-level warfare that most people in Manila can safely ignore as part of the Mass Media's way of selling more cellphone load.


What I am afraid of is that the utterly clueless political and social leadership of this country, and the rest of civilization, will be now be forced to accept the de facto establishment of BANGSMOROSTAN, a fundamentalist Islamic Republic right in the heart ASEAN, just south of the only Christian country in Asia, as a new homeland for Al Qaeda, Jemaah Islamiyah and the rest of the Global Jihad. Now here is Afghanistan and Pakistan put together as thousands of little island universes and archipelagoes of terrorist redoubts from which to threaten all of Asia, even resurgent, Olympics-bound China! Here is Al Qaeda in its old element when the Maguindanao Confederacy and Sulu slave traders did ample and lucrative business with the Muslim potentates and sultans of a vanished Islamic Empire. Perhaps it is already there and we just do not know it.

But the arguments and debate over PEACE TALKS will continue because loudly calling for them is the most comfortable way for the Moral Copout artists in the government and Civil Society to distance themselves from the real problem that perhaps "the other side" is just not interested in peace and is prepared to make all-out war on civilization itself. They are determined to have their own piece of the Archipelago, to have their own THEOCRACY ruled in the name of Islam by Al Qaeda.

I do not believe we are dealing any more with Philippine Terrorists, but with the Base itself. There is no negotiating however with this Bunch, because here it is a question of PERMANENT VALUES, not just "interests".

It is an unfortunate fact that our dyed in the wool pacifists will have to accept: there is no compromise possible between theocracy and democracy. NONE!

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Sunday's Poetry Reading

The Hunting of Paupakiwis
(Press the lil black arrow below to listen...)


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Twenty More Marines Killed--Still Have An Open Mind?


Three days after the July 10 ambush and beheading of 14 Marines near Tipo tipo, Basilan the largest Filipino daily newspaper wrote in its Editorial, Savages on the loose:
To this deliberate provocation the national leadership must respond with both iron fist and open mind. The Armed Forces of the Philippines must bring the savages to justice. But the government must also push peace negotiations with Moro separatists, finally, to a fair conclusion.
Thirty days later nineteen (GMA tv) or twenty (PDI headline article) more Marines have been ambushed and killed by Abu Sayyaf terrorists under Radullan Sahiron AND Moro NATIONAL Liberation Front MNLF rebels. That's the MNLF (Nur Misuari's outfit) plus Abu Sayyaf terrorists.

THAT'S 34 PHILIPPINE MARINES AMBUSHED AND KILLED IN 30 DAYS!

I hope the significance of the latest killings won't be lost, even on those loudly trying to save the Peace Talks with the MILF: the 20 Marines killed yesterday were ambushed by the MNLF--a "former" rebel group with whom we already have a signed peace accord.

Here is MNLF chair Hatimil Hassan blaming the Military for yesterday's ambush of nine soldiers on their way to buy groceries!

One would expect that from the MNLF-MILF-ASG leadership, although for once, the MILF's Eid Kabbalu had to be telling the truth that his group was not involved in the Sulu ambush yesterday, just as he was truthfully bragging about the ambush a month ago in Basilan and also blaming the Military for "lack of coordination."

But it puzzles and bothers me that the same PDI Editorial also blames the Military!--

Taken together, what do these facts, and the logical implications they carry, tell us about the situation in Basilan? The Armed Forces of the Philippines (AFP) remains on the losing end of the war for hearts and minds; we find it telling that not a single resident tried to send a warning to the military convoy... This lack of public support at the local level and the ambiguousness of the “enemy” make it difficult to root out the causes of insurgency, terrorism, even crimes of opportunity like kidnapping. All the more reason to forge a fair deal with the MILF. Those we smoke the peace pipe with have less incentive to lie in ambush, in the pouring rain.

I wonder what those guyz and galz are smokin' in them thar PEACE PIPES?

The MNLF has already signed a peace accord with the government...theoretically they are way beyond PEACE TALKS. Yet they seem to have some incentive that eludes the editorialists at PDI, to indeed lie in ambush in the pouring rain and kill uniformed Philippine Marines.

It cannot seem to penetrate certain skulls that just maybe they DON'T WANT PEACE. We cannot force them to if they do not want to lay down their arms and negotiate in good faith. No amount of good will, open-mindedness or pacifistic fervour can force them to. Why is that so hard for some people to understand?

The problem we face is therefore not only the MNLF-MILF-ASG Dr. Jekyll & Mr. Hyde & Go Seek. It is also an inexplicable hard-headedness about things that we can do something about, and things that are beyond our control. Such as the moral values of the foes and what they are ultimately willing to do to achieve their objectives.

ABSCBN TV News reports that nine Marines were killed and several wounded Thursday morning when they were ambushed near Maimbung town, Sulu, by a band of Abu Sayyaf gunmen said to be led by RADULAN SAHIRON, a one-armed, horseback riding terrorist with a deadly record and millions in reward money on his head. Here is a Brief Resume of Radulan Sahiron's accomplishments in such lucrative professions as kidnap-for-ransom, murder-and-robbery and abduction with rape-for-the-heck-of-it. This is a 2005 bulletin backgrounder on Radulan Sahiron from the US Treasury Dept. which freezes any financial accounts or transactions he may have in US jurisdictions or with US citizens and corporations.

Background Information on Radulan Sahiron

AKAs: SAHIRON, Radullan, SAHIRUN, Radulan, SAJIRUN, Radulan
Commander Putol

Radulan Sahiron has perpetrated several brutal acts of terrorism involving bombings of civilians and kidnappings of U.S. and foreign nationals. He ordered the bombings conducted by the ASG on Jolo Island in 2004, as mentioned above, resulting in the death of 11 Filipino civilians and an American serviceman and wounding more than 200 others. The improvised explosive devices used in the bombings were initially assembled at Sahiron's headquarters, Camp Tubig Tuh-Tuh, on Jolo Island.

Sahiron was considered to be the key leader of the April 2000 Jolo/Sipadan kidnappings of 21 foreign tourists, including Westerners, Malaysians, and Filipinos, conducted by Sahiron and four other ASG members. Following the June 2002 ASG kidnapping of four hostages from a ship, the MT Singtec Marine 88 vessel, three of the four hostages were turned over to ASG leader Sahiron and held captive. In June 2002, Sahiron promised to end kidnappings on Jolo Island if the ransom was paid. In August 2002, Sahiron received and held four kidnapped women Filipina nationals on Jolo Island. In November 2002, Sahiron demanded 16 million Philippine Pesos (about US $312,195) for the freedom of seven hostages, including the four Filipina women. As of December 2003, Radulan Sahiron had received a total of 35 million Philippine Pesos (about US $636,000) in ransom payments from his participation in kidnappings.

Like Sali, Sahiron has held several senior positions of influence within the ASG. As early as 1999, he was one of fourteen members of the ASG's Majlis Shura (consultative council). In mid-2002, he acted as an advisor to ASG leader Khadafi Janjalani. Additionally, Sahiron has held several leadership positions over ASG fighters in the Sulu Archipelago area of the Southern Philippines.

From 2000 through 2003, Sahiron was described in various roles, including the leader of the ASG's Putol group, composed of an estimated 100 members operating on Jolo Island in the Sulu area of the Southern Philippines; as the head of the Sulu-based ASG consisting of 18 armed groups; as the ASG Chief of Staff in Sulu; and as the overall ASG commander on Jolo Island with an estimated 1,000 fully-armed followers.

Readers of Philippine Commentary encountered Radulan Sahiron previously.

He'll make a good-looking One-Armed Michael Jackson when he does the Algorithm Dance in Cebu on YouTube. Forty years will be a good run for him after prosecution and conviction under the Human Security Act.

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The Separate Departments of Justice and Diplomacy



ONE MONTH LATER ... Justice has obviously NOT been done for those fourteen Marines ambushed, tortured and/or beheaded by a combined group of MILF and Abu Sayyaf "freedom-fighters" last July 10.

Instead, the usual moro-moro is underway as thousands of Philippine Marines arrive on Basilan Island to assist police forces that will serve arrest warrants issued by Basilan Judge Leo Principe against 130 suspects, after a month of the government fiddling around waiting to get ASEAN out of the way...

But little do the soldiers and police know that the Mass Media is already stacking the deck against them in the aftermath of whatever happens now. It's a game the Media mastered years ago and the sure fire tricks are already in play.

During the last few days, the airwaves and front pages have been filled with heart-tugging images of young school children and foreign and local PEACE ACTIVISTS calling for well...peace. (Not Justice mind you, but peace.) An interesting vignette has a piously veiled peace activist in Basilan saying they just want peace to avoid "psychological damage" to the children of Tipo-tipo.

Strange, but there was no mention of the "psychological damage" the deadly ambushcade and scavengers' beheadings of ten soldiers might have already done, but oh yeah, there's plenty of fear over "all-out war" by the government.

This morning in Manila, media reports have variously claimed that a "NEWS BLACKOUT" and a "FOOD BLOCKADE" have accompanied the "MASSIVE MILITARY BUILDUP" in preparation for "ALL-OUT WAR." --all of which have been officially denied as the government does its own shaping of the battleground by fielding medical teams and mobile clinics, which the President yesterday declared must not be attacked by rebels, "or Hades will come to you."

Retired General Ramon Farolan now a newspaper columnist for PDI reviews the government's actions vis a vis the Basilan Beheadings and calls for several top level resignations in his Sunday column,--

Esperon, Cedo and Allaga Must Resign

Whatever happened to the much-talked-about AFP offensive?

After the slaughter, the AFP issued a one-week ultimatum to the MILF to surrender the criminals or suffer the consequences. This announcement was accompanied by a highly publicized movement of additional troops—including Presidential Security Group soldiers—to Basilan for what was supposed to be an offensive against the MILF in case of non-compliance.

After a week, the President announced an additional three-day delay in the offensive while waiting for some kind of report from monitors on the ground. These two deadlines passed and then we were treated to the sight of PNP officers trying to serve warrants of arrest in a ghost village which obviously had been vacated by the inhabitants earlier.

In the first place, what did the AFP expect—the MILF/Abu Sayyaf would surrender the culprits without a fight? Even my barber Mang Dennis said he couldn’t believe that people could be so naïve. But he tried to console me by saying, “Kawawa naman ang AFP.”

Let us review very briefly the Basilan episode.

A Marine unit of some 100 men is sent through so-called MILF-controlled territory on a search mission for Father Bossi, the kidnapped Italian priest. On the way back, they are ambushed by MILF/Abu bandits.

For some reason, rescue troops are unable to reach and support the unit. Air support is not available because of communication problems.

Twelve Marines are dead. Some are tortured before being beheaded.
Now I realize that in this country, public officials never resign or get fired—unless they belong to the wrong side of the political divide—for incompetence or negligence in the performance of duty.

But someone has to take responsibility for this terrible tragedy.

AFP Chief of Staff Gen. Hermogenes Esperon is the prime candidate for immediate retirement. (People are allergic to the word “resignation.”) As head of the Armed Forces, Esperon should know the meaning of command responsibility.

Lt. Gen. Eugenio V. Cedo is another candidate. Cedo is the chief of Western Mindanao Command (Wesmincom), which covers Basilan. He commands all ground, naval and air units in the area. When Esperon took over as chief of staff in July last year, he announced the breakup of Southern Command (Southcom) into two separate unified commands. One for Eastern Mindanao with headquarters in Davao City and another for Western Mindanao with Zamboanga as the headquarters. This was to ensure better utilization and concentration of forces against communist and Moro insurgencies. Events have shown that instead of resulting in greater efficiency, we only created more star positions for the AFP.

A third candidate is Maj. Gen. Nelson Allaga, the Marine corps commandant. He is responsible for keeping the Marines at the highest levels of combat efficiency. After all, the Marines along with the army scout rangers represent the elite of our Armed Forces. The manner in which the Basilan ambush took place and the inability of rescue elements to reach their beleaguered comrades speaks a lot about the current level of discipline and combat readiness of the Philippine Marines.

If we are to honor the sacrifice of our dead Marines and salvage what is left of the tattered reputation of the Armed Forces, these three individuals should go on immediate retirement.

Can you think of anyone else for your list, General, like maybe that do-nothing Commander in Chief? What do you think they've been waiting for?

Meanwhile, his neighbor, ISAGANI CRUZ, lambastes the Human Security Act of 2007, saying that "The pretext of protecting the nation against terrorists is a lame excuse." in order to "to assure President George W. Bush that GMA is still loyally supporting his campaign to combat international terrorism."

Well, it's still a free country, so Isagani Cruz is free NOT to support the campaign against international terrorism even if the vast majority of human beings most certainly do. He's even free to go live with room-mates Eid Kabbalu and Zulkifli Abdhir, for all I care.

But his further points deserve some consideration because unlike most of this law's public critics, it appears that Justice Cruz has at least read and tried to understand the structure and provisions of the law. He is clearly aware of the punitive provisions in the law against erring OR failing law enforcers (which number about ten to one in comparison to penalty provisions against terrorists!). But he is not impressed by the presence of these numerous provisions inserted to protect human rights and wrongful prosecutions under HSA 2007 because he claims that a corrupt Judiciary will make it easy for admin cohorts to take advantage of the law.
Stiff penalties are imposed for the commission of the crimes enumerated in its Section 3 that are already punished by the Revised Penal Code but are additionally condemned if they sow and create “a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand.” This requirement can be easily established before a court of justice influenced by the cohorts of the administration or because of the inefficacy of our procedural rules, as in habeas corpus proceedings that are helplessly disarmed where the respondent simply denies custody of the person sought.
Poor Justice-Pundit Cruz seems to have gotten his arguments all mixed up, though!

In the above passage he claims that it is TOO EASY to prove the element of INTENT in the newly defined crime of terrorism because the courts are corrupt and can "easily be influenced by cohorts of the administration." Yet, in the same breath, he also complains that it is TOO HARD for the Courts to get results under a system governed by the Writ of Habeas Corpus.

I suppose this means that the good Justice-Pundit Cruz would therefore arm the Corrupt Court of the Cohorts with something so powerful as the Mexican Judicial Activist's Shabu Drug--the Writ of Amparo, by which the Armed Forces would virtually report to the Supreme Court.

A final histrionic ends his column, "...Let it also be especially noted, with alarm, that implementation of the HSA is under the supervision of the Anti-Terrorism Council composed of tractable Cabinet secretaries under the control of President Arroyo."

"With alarm??" But that's the way it works, somebody please tell him! Congress makes the law. The Executive implements it.

Former Chief Justice Art Panganiban meanwhile delivers a honey-coated confectionery paean to the Vision of Gaudencio Cardinal Rosales of Manila, whose bonbon ORATIO IMPERATA has had Masses of the Faithful kneeling in hot humid churches beseeching the heavens for rain.

How well the Catholic Church understands the psyche of the Filipinos! What chance is there that such a cunning gambit could fail anyway? I mean, what are the chances of a seemingly unanswered prayer for rain in an archipelago that always receives more than TWENTY typhoons per year?

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Will U.S. Tag MILF as a Foreign Terrorist Organization?

The Moro Islamic Liberation Front (MILF) may soon be added to the United States list of Foreign Terrorist Organizations, along with the CPP-NPA, and the Abu Sayyaf Group (ASG). I think this will soon happen, no matter what Jess Dureza and President Arroyo say they are doing with PEACE TALKS because the MILF is heavily implicated in a California case against two Indonesians, Zulkifli and Rahmat Abdhir, indicted for terrorist activity in both the Philippines and in the United States. In particular, it appears that the MILF has been harboring Zulkifli in Mindanao (along with paisanos Dulmatin, Umar Patek and the rest of the Bali Bomberos). Zulkifli happens to be a member of the Jemaah Islamiyah's central command, has US$5 million bounty on his head as a "specially designated Global Terrorist" and is a US-trained engineer who has applied himself to the art of bomb-making and is sharing his knowledge all over Bangsamorostan. The California terrorism indictments solidify a case for the long-standing suspicion that the MILF is seriously in bed with Jemaah Islamiyah.

US Department of Justice
WASHINGTON – A fugitive U.S.-designated terrorist, who is the subject of a $5 million U.S. reward and is believed to be at large in the Philippines, has been indicted on terrorism-related charges in the Northern District of California along with his brother in the U.S., who allegedly provided funds and equipment to him even as the fugitive evaded capture and battled Philippine troops, the Justice Department announced today.

The 16-count indictment and an arrest in the case this morning were announced by Kenneth L. Wainstein, Assistant Attorney General for National Security; Scott N. Schools, U.S. Attorney for the Northern District of California; Joseph Billy, Jr., FBI Assistant Director for Counterterrorism; and Julie L. Myers, Assistant Secretary of Homeland Security for Immigration and Customs Enforcement (ICE).

Zulkifli Abdhir, aka “Zulkifli Bin Abdul Hir, aka “Hulagu,” aka “Marwan,” age 41, a fugitive believed to be in the Philippines, is charged in the indictment with conspiracy to provide material support to terrorists and providing material support to terrorists. In September 2003, the U.S. government designated Abdhir as a Specially Designated Global Terrorist pursuant to Executive Order 13224. In March 2007, the State Department added him to the most-wanted list of its Rewards for Justice program and authorized a reward of up to $5 million for information leading to his arrest or conviction, noting that he was a member of the central command of Jemaah Islamiyah and was believed to be involved in multiple deadly bomb attacks in the Philippines.

Rahmat Abdhir, aka “Sean Kasem,” aka “Sean Kalimin,” age 43, is a U.S. citizen living in San Jose, Calif., and the brother of Zulkifli Abdhir. Rahmat Abdhir is charged in the indictment with conspiracy to provide material support to terrorists, providing material to terrorists, contributing goods and services to a Specially Designated Global Terrorist (his brother), and false statements. FBI agents arrested Rahmat Abdhir this morning outside his place of employment in Sunnyvale, Calif. He made his initial appearance today in federal court in San Jose.

“With today’s arrest and indictment, we have closed off a channel by which an American citizen was allegedly funding and supplying a fugitive designated terrorist with two-way radios and other materials for his operations overseas,” said Assistant Attorney General for National Security Kenneth L. Wainstein. “As this case demonstrates, we will bring the full force of the law against anyone who uses the resources of our economy to support overseas terrorism.”

U.S. Attorney Scott N. Schools said, “This indictment is the product of the extraordinary efforts that FBI, ICE, CBP and their federal, state and local partners have made to assure that the country is protected from future terrorist acts and that individuals who sympathize with terrorists in other parts of the world do not find comfort in the United States. I appreciate the investigative efforts of the FBI and ICE, and the prosecutorial efforts and expertise provided by the Department's National Security Division.”

“Today’s charges illustrate the workings of an international terror network -- and how law enforcement and intelligence agencies, joining together and sharing information, can successfully disrupt the deadly plans of terrorists,” said Joseph Billy Jr., FBI Assistant Director for Counterterrorism.

“ICE leveraged both our customs and immigration authorities during this investigation,” said Julie L. Myers, Assistant Secretary of Homeland Security for Immigration and Customs Enforcement. “Working with our law enforcement partners, federal agents were able to seize dangerous equipment destined for people who mean to do harm.”

Money, Radios and Other Equipment Sent from the U.S.

According to the indictment, Zulkifli Abdhir and Rahmat Abdhir communicated with one another between the United States and Philippines, often in code to disguise the nature of their activities, as Zulkifli Abdhir engaged in battles with Philippine troops and evaded capture. Among other things, they discussed items that Zulkifli Abdhir wanted his brother to send him in the Philippines from the United States, including money and accessories for firearms, Insignia two-way radios, backpacks, and knives.

According to the indictment, Rahmat Abdhir shipped requested items to his brother in the Philippines using various aliases for the sender and the recipient. Between June 2006 and June 2007, Rahmat Abdhir allegedly shipped nearly 30 hand-held or two-way radios, as well as Colt .45 magazines, binoculars, a rifle scope and firearms manual, flashlights, batteries, and camouflage clothing to his brother.

The indictment also alleges Zulkifli Abdhir routinely informed Rahmat Abdhir when he needed money sent or wired to the Philippines for purchases of items including firearms and ammunition. Rahmat Abdhir transferred the requested money to Zulkifli Abdhir through bank accounts that his brother provided in the Philippines, varying the times and amounts of money sent, and using false names and addresses. Between June 2006 and June 2007, Rahmat Abdhir allegedly sent more than $10,000 to his brother.

Zulkifli Abdhir kept his brother in the U.S. informed of his situation on the ground in the Philippines by providing reports of battles between Philippine troops and his protectors there, including elements of the Moro Islamic Liberation Front (MILF). The MILF has waged a secessionist campaign in the Southern Philippines over approximately the last 30 years and has provided assistance to groups such as Al Qaeda’s regional affiliate Jemaah Islamiyah and the Abu Sayyaf group.

In one instance, Zulkifli Abdhir described an effort by Philippine government troops to capture him on Aug. 10, 2006 in which commandos surrounded his house and a gun battle ensued. Zulkifli Abdhir also described numerous battles and conflicts with Philippine government troops after a ceasefire between MILF and the Philippine government ended on Sept. 30, 2006. In turn, Rahmat Abdhir routinely kept his brother informed by providing news stories and Internet links that reported on the conflict in the Philippines and the fact that Zulkifli Abdhir was a wanted fugitive.

The maximum penalty for Count One of the indictment, which charges Zulkifli Abdhir and Rahmat Abdhir with conspiracy to provide material support to terrorists, is 15 years imprisonment. The maximum penalty for Count Two of the indictment, which charges Zulkifli Abdhir and Rahmat Abdhir with providing material support to terrorists, is 15 years imprisonment.

The maximum penalty for Counts Three through Fifteen of the indictment, which charge Rahmat Abdhir with contributing goods and services to a Specially Designated Terrorist, is 20 years imprisonment per count. The penalty for Count Sixteen of the indictment, which charges Rahmat Abdhir with false statements, is eight years imprisonment (maximum if the offense involves international or domestic terrorism).

This case is being investigated by the FBI’s Joint Terrorism Task Force in San Francisco, with assistance from U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection. The case is being prosecuted by Assistant U.S. Attorney Jonathan Schmidt of the Northern District of California and Trial Attorney John T. Gibbs of the Justice Department’s National Security Division, Counterterrorism Section.

The public is reminded that the charges in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
There must be a trove of very valuable intelligence on the MILF and its activities discovered in the course of investigating and prosecuting this case. Law Enforcement in the Philippines, recently armed with an anti-terrorism law in The Human Security Act of 2007, needs to begin the serious work of coordinating with allies and counterparts abroad to disrupt these tight-knit terrorist networks and cells.

Meanwhile, the European Union's Javier Solana, in an interview with the Philippine Star, has indeed reaffirmed the place of the CPP-NPA on the European list of terrorist organizations from which Joma and Co. have been trying to get delisted because the loss of all those juicy donations from rich Euroleft orgs has really put a dent in their revolutionary lifestyles. But to be delisted, according to Mr. Solana, the CPP-NPA are required, "to prove that they have changed their nature.”

Or as Santana might put it, you gotta change your evil ways, Baby!

The CPP NPA has been on both European and American terrorist lists since the beginning in 2001 and 2002. Failing to get delisted on their own merits, the CPP-NPA then demanded that the Philippine Government do it for them! And promptly suspended PEACE TALKS when the government refused to meddle in American and European internal affairs. So has the Abu Sayyaf, and hopefully joining their ranks will be the currently most deserving of the lot: the MILF.

One of the reasons for the durability of these terrorist groups is the intellectual and moral confusion over the issues promoted and sustained by the Left Liberal Establishments. Let's take a really detailed look at the Sunday editorial of the Philippine Daily Inquirer, Reckless Warmongering to see what we are really up against here...


PDI: MANILA, Philippines-Yet again, we face a vital test of institutions. The beheading of Philippine Marines in Tipo-Tipo continues to foster a justified outrage, and keeps on producing shocking, even damning, allegations of incompetence on the part of the armed forces. First, there were questions concerning the ammunition provided the troops. Then, more recently, there emerged the equally shocking allegation that the Marines were unable to receive assistance, for lack of a common radio frequency between the men on the ground and the pilots sent to lend them air support.
CAVEAT: Notice how deftly the beheadings are blamed by the editorial, not on the savagery of the MILF-ASG terrorists, but on the "incompetence on the part of the armed forces," on their dud ammo, and their alleged inability to communicate by radio. But it irks the editorialist that this incident "continues to foster a justified outrage" in the public, which the newspaper can't seem to dispel by its profound meditations and banner headlines on the drying up of Angat Dam and the late typhoons. But here's a new innuendo...
PDI: The Marines want revenge. By all accounts, the public is largely foursquare behind the soldiers. We recall an observation made by a TV executive, some months ago. With regard to news and current affairs, the public hates news of the fighting in Mindanao: ratings show that when shows cover that topic, viewers switch channels. The public would much rather keep the fighting in Mindanao out of sight-and out of mind.

But nothing gets public opinion heated up than the massacre of soldiers, and nothing brings out a residual patriotism in the public than a military offensive in Mindanao. And it is very easy for the national leadership to pander to-there's no other word for it-such chauvinism by letting loose the dogs of war.
CAVEAT: The Marines just want revenge, see, and so does the public, the editorial insinuates, despite the fact that they really ought to be switching channels on the whole nasty business by now and just let peace talks be peace talks. If only there wasn't that nasty lil "residual patriotism" for the national leadership to pander to, all these awful chauvinists wouldn't be able to loose the dogs of war, you see! Never mind that Filipinos do have a common sense of human decency that knows nothing of chauvinism or any other fancy French word from sophisticated editorialists. Maybe the ordinary Filipino just does not want to let beheadings be beheadings anymore. Maybe they don't buy PDI's old nostrums that such atrocities can be justified by past atrocities.
PDI: This is why we say the country faces a vital test of institutions. The Marines, sent to rescue a hostaged Italian priest, apparently stumbled onto territory jealously guarded by rebels, who engaged the Marines in a firefight and butchered them when the soldiers were subdued-because their ammunition was defective, their command-and-control ineffectual, and their search-and-rescue proved a suicide charge.

The question is whether a military offensive should proceed on the basis of a bungled operation. Perhaps the public doesn't care why the soldiers died, and only, that they did-and that the rebels must pay. However, the public ought to care that the soldiers, who died bravely, also died senselessly: and that more soldiers' lives will be squandered if the military doesn't get a grip on the causes of the massacre in the first place.
CAVEAT: It is gratuitous for the editorial to call the Marines "brave" and in the same breath, display such a depth of gracelessness as to suggest that they "died senselessly", and that Tipo-tipo was the result of a "bungled operation" to find Fr. Bossi. They literally lost their lives and their heads because "our vital national institutions" allegedly do not understand the causes which impel the poor downtrodden Abu Sayyaf decapitators to engage in massacres and mutilations.

I think it is PDI that should "get a grip" on itself on the causes of the massacre, which they neatly count as two:
PDI: The causes are two. First, the rebels in Mindanao are either disunited (with factions talking peace while others are trying to goad the military into renewed hostilities), or plain insincere about the peace talks, valuing the protection of their territorial enclaves more than the peace process. Second, the armed forces, because of poor generalship, and inefficiency verging on the criminal, are incapable of mounting effective operations, which include supporting troops tasked with missions on the ground. All this, despite the active assistance of allies in the fight against groups like the Abu Sayyaf, once a bandit group but which has now armed itself with a pan-Islamic, radical ideology.
CAVEAT: I guess it really is news to this newspaper that Abu Sayyaf armed itself with pan-Islamic radical ideology after its founders trained under Al Qaeda in Afghanistan, imbibed all of radical Islam in the most radical madrassahs of the Middle East's most violent Islamic sects, in the 1980s and early 90s. Early on, it was funded by the Iraqi agents Khalid Sheik Mohammed and Ramzi Youssef, and various in-laws of Osama bin Laden. But I don't see the connection with the ooogah-booogah beheadings of July 10, unless of course this is just another form of the root causes argument and PDI means to suggest that Tipo Tipo is comeuppance for Bud Bagsak! It is also apparently news to the newspaper that the line of separation between Abu Sayyaf and MILF is a purely theoretical one, most drawn by editorialists like them for political correctness, and peace panel negotiators on both sides to suit political convenience and to whitewash each other's failures and complicity.

But I think something's about to happen that will change a lot of things for MILF.

But PDI is respectable newspaper and would grant respectability to all, even savage beheaders, as follows...
PDI: The same intellectual ferment that produced the First Quarter Storm also gave birth to the concept of a Bangsamoro. President Ferdinand Marcos' delusions of being the conqueror of Sabah resulted in the Jabidah massacre, revolt in Muslim Mindanao and the bloodiest fighting in the country since World War II. The Tripoli Agreement of 1976 established a brittle peace with the Moro National Liberation Front.

The Moro Islamic Liberation Front split off as a more radical offshoot, with dreams of a Bangsamoro more patently religious than the fairly secular MNLF. But the MILF has been torn by a further radicalization: dreams of an Islamic state covering the region. The MILF has flirted with the Jemaah Islamiyah, which has a larger goal, represented by Osama bin Laden and al-Qaeda: to restore an Islamic caliphate. The Abu Sayyaf belongs to this radical, pan-Islamic regional movement.
CAVEAT: Spit it out! Spit it out!
PDI: Human Rights Watch recently reported that since 2000, more than 1,700 civilians have been killed or wounded in terror attacks, mainly in Mindanao. This is more than the casualties in terror-related activities in Indonesia, or Morocco, Spain, Turkey, or Britain. And yet, our institutions have overlooked a central question: unquestionably popular a military solution might be, among Christians (particularly in Mindanao), the Filipino Muslim voice-particularly those clamoring for peace-has been not only largely drowned out, but also ignored. Yet, who can doubt that a lasting victory against terrorism, and a just peace, are impossible without their support?
CAVEAT: Finally we arrive at the last redoubt of those for whom Protest has morphed into Moral Copout and pacifism is just an excuse to change the subject. A false choice is foisted on the reader as a final bit of emotional blackmail: ALL-OUT WAR or PEACE TALKS, you terrible, terrible warmongering Christians, you, who only want "victory" while the voices of those clamoring for peace are drowned out and ignored!

For PDI you see, it is all OUR fault, both Christians and Muslims, who simply refuse to accept that a "just peace" is impossible without the support of modern warlord-savages whose ancestors were wronged by Legaspi and General Pershing.

I submit that enforcing the anti-terrorism law offers a clear alternative to the path of “war or peace talks” as a general approach to the Mindanao problem, which we must not forget is rooted in historical events and resentments that may never be assuaged because it is hugely profitable for every successive generation of the aggrieved to take up the old grievances.

But where they have adopted dubious or violent means to seek historic redress, and until some kind of settlement is reached, perhaps asymptotically, the Human Security Act simply criminalizes that favorite tactic of the politically disenfranchised: guerilla warfare and terrorism, without depriving them of the peaceful means to achieve their goals, political, ideological or whatever.

Whether they do achieve those goals or not, is not really the concern of the Law on terrorism, however, only that they are deprived of the illicit means they now currently employ. But in as much as they are entitled to rights of all citizens under the constitution, we cannot forcibly deprive them of their lifelong ambitions.

In this way we can avoid the endless cycle of war or peace talks, without so much as getting the permission of the friggin’ MILF and Al Hadj Burat, by upholding the right of anyone to keep their beliefs and goals, while the Law strictly limits their means to the peaceful ones.

Let them labor in the mines of self-determination and electoral politics.

There is no need for peace talks to enforce the law. But the law does not stop the peace talks from going on, same as usual, as they have over the endless, lethal decades.

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Moro Moro At Tipo Tipo


A mystery that surrounds the July 10 Basilan Beheading incident is why reinforcements never arrived during the ten hour long gun battle, why helicopter gunships sent to the area never gave fire support, and why the 105 mm howitzer batteries were never brought into the fray to support the pinned down Marine Unit at Tipo tipo, Basilan. Now comes the suggestion from an After Battle Report that the Joint MILF-GOP Ceasefire Committee may have instructed those forces to stand down because the MILF were considered "friendly forces" and the negotiating panel of Sec. Jess Dureza did not want to risk its ongoing deal with Al Hadj Murad and the MILF.

A front page PDI story by Yvonne Chua and Luz Rimban Friday leads off with the theory that...

The wrong radio frequency, plus the failure to inform the military official concerned, severely curtailed the capability of the Marines to fight back during the bloody July 10 encounter in Basilan province that left 14 soldiers dead, 10 of them beheaded.
At first, this might seem a plausible explanation for the glaring absence of fire support and reinforcement during the ten hour gun battle on July 10. It's a neat explanation. TOO neat. Because near the bottom of the article under the subheading "Late Information" the erring radioman even files a formal affidavit ADMITTING his alleged fatal error, and by implication ABSOLVING everybody else, who of course conveniently knew nothing of the ongoing slaughter near Tipo-tipo:
A radioman of the Command Group under Maj. Nestor Marcelino has submitted an affidavit to AFP investigators attesting that the wrong radio frequency was relayed to Westmincom and, in turn, was transmitted to the pilots. Marcelino was relieved of his duties shortly after the July 10 encounter.

“Indeed there was no contact with the aircraft,” said the source, who also based his statement on interviews with survivors.

Contrary to earlier reports, the helicopters were not pulled from scene by Westmincom, the source said. Instead, the pilots, on their own, cancelled the mission, he said.

Lt. Gen. Eugene Cedo, Westmincom commander, was in Cagayan de Oro City at the time of the attack.

Late information

But investigators found out that a senior Westmincom officer based in Zamboanga City was not informed by his subordinates of the encounter until 4 p.m. that day. Fighting between the soldiers and the MILF broke out at around 10 a.m. and lasted for eight hours.

It was only then that the senior officer called a colonel in the 1st Marine Brigade to ask for an update on the operation, and learned that the helicopters were not firing.

Here is THE MORE PLAUSIBLE explanation that really ought to have made the headline on this newspaper article:

The same senior officer also learned later from the brigade’s After Battle Report (ABR) that the troops fired only six rounds of 105-mm howitzers because, one of them said, “it was the ceasefire committee who ordered them not to fire because they were engaging friendly forces (the MILF).”

Government troops and the MILF reached a ceasefire only at 5 p.m.

The seven-vehicle military convoy was passing through Albarka town on its way back to barracks in Lamitan City after a fruitless search for kidnapped Italian priest Giancarlo Bossi. Three of the vehicles carrying 50 soldiers were attacked by about 400 MILF rebels.


WRONG Radio Frequency, or WRONG Radio Message?

One sounds like an alibi for the other!

UPDATE: Here's the scoop on the "wrong radio frequency" business.

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