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POLITICAL LAW: 2013 RECENT EVENTS

USS Guardian (MCM-5), an American mine countermeasures ship, ran ground at Tubbataha Reef,
testing relations between the Philippines and the United States.
Elena L. Aben (17 January 2013). "US War Ship Runs Aground in Philippines". Manila Bulletin.
Retrieved September 2014. "The Guardian arrived last 13 January for a port call and fuel stop in
Subic and was transiting the Sulu Sea on Thursday when she ran aground."

MANILA, Philippines --- A United States Navy (USN) minesweeper warship ran aground
early Thursday morning in the Tubbataha Reef as it transited along Sulu Sea, US authorities
reported.
In a statement, the US 7th Fleet Public Affairs said the "USS Guardian" (MCM-5), which is
forward-deployed to Sasebo, Japan, struck a reef, about 130 kilometers east-southeast of
Palawan, at 2:25 am yesterday.
No one was reported injured among the crew of about 80 of the Avenger-class mine
countermeasures ship, which had just completed a port call and refueling in Subic Bay.
The Tubbataha Reef is a marine sanctuary containing a reef of enormous size. It was
declared a World Heritage Site by the United Nations Educational, Scientific, and Cultural
Organization (UNESCO) in December 1993.
The US Fleet Public Affairs disclosed that the Guardian is still stuck on the reef while the
crew works to determine the best method of safely extracting the ship.
For its part, the Armed Forces of the Philippines (AFP) sent an aircraft to survey the area
and eventually deployed a ship for assistance.
"We are still assessing the kind of assistance that we could provide. Right now there are
reconnaissance operations to determine the exact location and assess the situation," said Maj.
Oliver Banaria, commander of the 6th Civil Relations Group based in Palawan.
The incident happened some 98 nautical miles from Puerto Princesa City in Palawan.
Banaria said the USS Guardian, the second US Navy ship of that name, arrived for the port
call in Subic last January 15.
It was actually heading towards the next port when the grounding occurred, he said.
The USS Guardian was laid down on May 8, 1985 by the Peterson Builders Inc., Sturgeon
Bay, Wisc. and launched on June 20, 1987. The ship was subsequently commissioned on
December 16, 1989 as part of Mine Countermeasures Squadron 7.
In late November 2007, Guardian and fellow minesweeper USS Patriot (MCM-7) sought
refueling and refuge from an approaching storm in Hong Kong's Victoria Harbour, but were
denied entry without explanation by the People's Republic of China.
Both ships were eventually refueled at sea and returned safely to their homeports in Japan.
In February, 2010 Guardian became the first MCM in the Seventh Fleet to receive the
Women-at-sea modification which is intended to allow the small vessel to accommodate a
mixed crew.
The grounding of the US Navy ship comes on the heels of the recent recovery of a US-made
unmanned aerial vehicle (UAV) that washed ashore off the coast of Masbate Island.
The US embassy said the expended BQM-74E Aerial Target drone was launched from the
USS Chafee (DDG 90) during exercise Valiant Shield 2012 on September 19 off the coast of
Guam and the ocean currents brought the drone to where it washed ashore last week off
Masbate Island.
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The 9-day-long Valiant Shield 2012 war games were held by the US Navy from September
19 in the region around Guam in order to improve coordination and joint interoperability
among different units as a maritime force.
According to the American military, the goal of the drills is to train US forces for a variety of
scenarios seen in real-world operations, including combat exercises, search-and-rescue, and
humanitarian aid exercises.
The drone were launched from the flight deck of the USS Chafee missile destroyer to
provide a "realistic missile threat" and then targeted, intercepted and engaged by a section of
F/A-18 fighter jets.
Valiant Shield is a US-only biannual exercise conducted by the US Navy in Guam since 2006.
(With reports from Aaron B. Recuenco and Elena L. Aben)


De Lima bats for Freedom of Information Bill to battle corruption
http://newsinfo.inquirer.net/351001/de-lima-bats-for-freedom-of-information-bill-to-battle-
corruption

MANILA, PhilippinesDespite Malacaangs lack of support for the Freedom of
Information Bill, Justice Secretary Leila de Lima on Friday pushed for the adoption of an
FOI law, saying it was the most effective method to stop corruption.
Notwithstanding the continued difficulties in making effective FOI legislation, I believe
most, if not all the people in this room, agree with me that FOI is the most effective
modality to prevent corruption, De Lima said in a speech at the 5th Global Organization of
Parliamentarians Against Corruption at the Philippine International Convention Center in
Pasay City.
[A] well-informed citizenry can and will meaningfully participate in the governance of a
country. Indeed, one of the aspirations of institutionalizing the FOI principle in our country
is for our people to enjoy economic and social mobility as anticipated fruits of political
maturity, the Secretary added.
The FOI bill has been pending in the House of Representatives and is considered virtually
dead due to lack of time, lack of quorum and lack of support from President Aquino.
De Lima said the adoption of an FOI law was timely.
In my humble opinion, I assess that the Philippine society is now poised to divest itself of
the shackles of secrecy and complacency. After many years of legislative lobbying, the
opportunity to create an FOI act is within our reach. The path has been laid out before us.
We need only now to simply take it.
De Lima said that despite the gains of President Aquinos administration in the
anticorruption drive, there remains a need for an FOI law.
The willingness and the good faith of this government to make an authentic commitment
to transparency as an important element in democratic, efficient and honest governance will
not be enough unless there is a very well-crafted law that not only encourages requests for
information by the public but also affords speedy processing of the same, she said.
For De Lima, FOI will ensure the peoples access to public documents and information that
would enable them to hold the government accountable for any irregularity or wrongdoing.
She said the late Interior Secretary Jesse Robredo, when he was mayor of Naga City,
implemented policies of openness and freely affording access to information to the public
which empowered his constituents and encouraged their active participation in governance.
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Such emancipation of the citizenry transformed a lethargic city into a booming economy,
she said.
De Lima also recalled that former Chief Justice Renato Corona was removed from office by
impeachment because of discrepancies in a public documenthis Statement of Assets,
Liabilities and Net Worthwhich was not readily accessible to the public and which the
Senate impeachment court was nearly unable to obtain.

Old Spanish maps may yet boost PH claim to Panatag
http://globalnation.inquirer.net/63237/old-spanish-maps-may-yet-boost-ph-claim-to-panatag

Spanish and Filipino delegates to this years Tribuna Espaa-Filipinas forum have agreed to
embark on a coordinated archiving program of historical documents, especially those
involving the Spanish colonial period in the Philippines more than 400 years ago.
As the sixth edition of the annual multisectoral forum between the two countries drew to a
close on Wednesday, an official of the Spanish Ministry of Education, Culture and Sport told
the Inquirer that some of the Spanish archives, once catalogued and translated, may even
help the Philippines in its claim to the disputed Scarborough (Panatag) Shoal.
Luis Enseat Calderon, director of the ministrys Ibero-Archivos Program, said Spanish
historical archives contained documents and maps on the Spanish colonization of the
Philippines from the 16th to 19th century.

Possible proof

The archives may be important in this way to demonstrate that in the 19th century, the
Chinese did not control these group of islands, Calderon said, when asked how Spanish
archives could help the Philippines in its territorial dispute with China over the Scarborough
Shoal.
He quoted colonial Spanish officials in the 1800s, saying these islands were controlled,
more or less, by the Philippines from Manila.
While these documents are available at the National Historical Archive of Spain, he said it is
not yet accessible to the public because his office is still digitizing the documents.
But little by little, we can make progress and publish this on the website, he said, referring
to Spanish archives website www.pares.mcu.es.
Spanish Ambassador to the Philippines Jorge Domecq denied reports he made a categorical
statement about Spain turning over old maps to the Philippines to help strengthen the
countrys claim on Scarborough Shoal.
The majority of the maps are here in the Philippines in private collections. We did an
exhibition last year of all the important maps of the Philippine geography from 1598 to
1898four centuriesat the Metropolitan Museum, Domecq said.
Those maps are also in Spain in our archives, which are open to experts from any place in
the world, he added.
Calderon said during the forums second day that an exchange program of Spanish and
Philippine archivists was discussed, with one Filipino archivist going to Spain, and vice versa,
hopefully by the latter half of the year.
He also invited Filipino archivists to help catalogue Spanish archives.
Calderon said they are also working with the National Archives of the Philippines to make
digital copies for Spain of colonial documents preserved in the country.
Calderons office uploads the Spanish archives catalogues at www.pares.mcu.es.
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He said the website contains documents sent by Spanish colonial officers in the Philippines
to the King of Spain. Some Philippine maps from the 16th to 19th centuries have been
uploaded, but some entries only contain descriptive references.
East Asian imperial point

It contains information about the Philippines [during the Spanish colonization], and
expeditions from Manila to Formosa, Siam, Moluccas, Ternate, Tidore. Manila was the
imperial point of Spain in East Asia. Formosa was part of the Philippines. The Moluccas
was part of the Philippines. Micronesia, Marianas, Carolinas were part of the Philippine
Islands. And all was centralized in Manila and Spanish officers sent regular reports to the
King, Calderon said.
The forum closed with the signing of a memorandum of understanding (MOU) between the
Department of Science and Technology-Information and Communications Technology and
the Spanish State Secretariat for Telecommunications and the Information Society of the
Ministry of Industry, Energy and Tourism of the Kingdom of Spain.
The MOU was designed to encourage the exchanges of experiences and best practices
between the two countries on information and communication technology.
Signing the MOU for the Philippines was Elizabeth Buensuceso, assistant secretary of
European Affairs of the foreign affairs department and Domecq for Spain.

Amendments to Anti-Money Laundering Act hurdle Senate
http://newsinfo.inquirer.net/352533/amendments-to-anti-money-laundering-act-hurdle-
senate#ixzz3DkGiIb5O

MANILA, Philippines The Senate after a vote of 15-0 approved on third and final reading
the amendments to the Anti-Money Laundering Act (AMLA) Monday.
The bill which has been certified as urgent by President Benigno Aquino III was immediately
passed after second reading.
The Philippines is facing being blacklisted by the Financial Action Task Force if the
amendments would not be passed by Congress.
The Senate panel that will meet with the House of Representatives panel in a bicameral
conference committee will be composed of senators Sergio Osmea III, Francis Pangilinan,
Teofisto Guingona III, Franklin Drilon, Joker Arroyo, Ferdinand Marcos Jr., and Antonio
Trillanes IV
Among the amendments added to the AMLA was a provision requiring casinos to report
when suspected money launderers are present in their premises.
Proposed transactions that have to be reported to the Anti-Money Laundering Council are
those in remittance, real estate, foreign exchange, precious metals and stones, that amount to
at least P25 million.

Senate, House fail to agree on lowering criminal liability of minors
http://newsinfo.inquirer.net/352485/senate-house-fail-to-agree-on-lowering-criminal-liability-of-
minors#ixzz3DkGlYCmG

MANILA, Philippines The Senate and House of Representatives panels have failed to
agree on certain amending provisions to the Juvenile Justice and Welfare Act during a
bicameral conference committee Monday.
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The Senate version of the bill exempts children 15 years old and below from criminal liability
while the House version exempts children 12 years old and below.
Another bicameral conference will be held for both panels to negotiate further on the
disagreeing provisions of both bills.
Both bills provide that children caught committing crimes shall be released back to their
parents but would be made to undergo an intervention or rehabilitation program of the
Department of Social Welfare and Development (DSWD).
The bill also provides that parents would also be held accountable for whatever damages
their children might have caused, according to a lawyer of Senator Francis Pangilinan, the
co-sponsor of the bill in the Senate
If the child committed theft, he or she is obliged to return the thing he or she has stolen. If
it is not possible to return what he or she has stolen, the parents should pay the amount
equivalent to what the child has stolen, lawyer Cecile Palines of Pangilinans office said in a
previous statement.
If the child committed a heinous crime such as murder, homicide, kidnapping, rape, he or
she would immediately be made to undergo a multi-disciplinary intervention program under
the intensive juvenile intervention and support center of the Bahay Pag-asa, the bill said.
The bill also states that any person who has been found to be taking advantage or exploiting
the child who committed the crime shall be held punished for the act of the child.
[Adults who] take advantage of the vulnerabilities of the child and shall induce, threaten or
instigate the commission of the crime, shall be imposed the penalty prescribed by law for the
crime committed in its maximum period, the bill said.
Children who have gone through a rehabilitation program must be assessed by the court to
determine if the child is ready to be reintegrated with his family or if the program must be
continued further, it said.
Assistance to victims of a crime committed by the child, such as psychosocial intervention, is
also required to be provided by the local DSWD officer, the bill said.

Senate bill urges govt to hold interfaith activities
http://newsinfo.inquirer.net/352455/senate-bill-urges-govt-to-hold-interfaith-
activities#ixzz3DkGq6sOd

MANILA, Philippines A bill recently passed in the Senate is seeking to foster genuine
understanding amongst people of different faiths and belief systems by urging government
agencies to hold interfaith activities during the first week of February every year.
Senator Loren Legarda, author of World Interfaith Harmony Week Bill, said in a statement
Monday that this measure will greatly contribute to easing any conflict or tension caused by
differing religious beliefs in the country.
The Philippines, the largest Catholic country in Asia, has long suffered from internal
conflicts due to rebel secessionist groups. One group, the Moro Islamic Liberation Front
(MILF), has recently signed a peace framework agreement with the government.
Gatherings and activities for World Interfaith Harmony Week have been held in various
countries across the world with diverse backgrounds, including Pakistan, Indonesia, Italy,
and Jordan, Legarda said.
More than 40 countries in the world are already celebrating the World Interfaith Harmony
Week following a resolution by the United Nations (UN) General Assembly.
According to the website of the World Interfaith Harmony Week, the event was originally
proposed to the UN by HM King Abdullah II of Jordan back in 2010.
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He proposed the idea with the aim of achieving a faith-driven world harmony by extending
his call beyond the Muslim and Christian community to include people of all beliefs [and]
those with no set religious beliefs as well
The idea was later adopted unanimously as a UN Observance Event.
Legarda noted that even in our country, the National Ulama Conference of the Philippines
(NUCP) staged a gathering in Zamboanga City in honor of inter-religious cooperation.
The bill also advocates dialogues among leaders of religious institutions. The harmony we
are pushing for is democratic, and built on effective communication and mutual respect,
Legarda said.
The bill has been passed on third and final reading in the Senate and is awaiting approval in
the lower house, she said.

US vows to provide compensation, restoration efforts for Tubbataha
http://globalnation.inquirer.net/63457/us-vows-to-provide-compensation-restoration-efforts-for-
tubbataha

MANILA, PhilippinesThe United States (US) government has vowed to provide
appropriate compensation for the damage its stranded Navy Ship caused to the Tubbataha
Reef, saying that it would conduct activities aimed at conservation and restoration of the
world heritage site.
In a statement made by the US embassy in Manila Sunday, the office noted the US had
expressed its regrets for the damage caused by the USS Guardian accident, and that it was
prepared to provide appropriate compensation to the Republic of the Philippines.
In addition to compensation, the US government is planning a number of other activities
which will underscore its commitment to Tubbatahas recovery and the protection of the
marine resources of the Philippines, it added.
Latest reports had noted that from an initial estimate of 1,000 square meters, the damaged
area has been pegged at 4,000 square meters.
The embassy noted that the US would grant P4.1 million or $100,000 to a Philippine
university to support coral restoration research at the reef. It said that the grant would be
coursed through the Coral Triangle Support Partnership (CTSP) under the embassys U.S.
Agency for International Development (USAID) Office.
It said that in the next two weeks, the embassy would organize a round-table discussion with
local coral reef conservation experts to listen to concerns and discuss options for
conservation and restoration of the reef.
Invitees to this discussion will include entities such as USAID, the U.S. National Oceanic
and Atmospheric Agency (NOAA), relevant Government of the Philippines agencies, and
the Tubbataha Management Office (TMO), it said.
It said that a separate US interdisciplinary scientific team was being formed to initiate
discussions and coordinate with Philippine government agencies such as the TMO, non-
governmental organizations, and Philippine-based marine scientists and experts to review
and assess damage remediation options.
It said that the US would also offer to fund a site survey for proposed improvements to
the existing ranger station on Tubbataha Reef.
Proposals could include the installation of radar and communications equipment that can
assist Park Rangers and Philippine Coast Guard in avoiding collisions and keeping tabs on
marine poachers, it said.
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The US government would also share hydrographic survey data with the Philippines
National Mapping and Resource Information Authority (NAMRIA) to improve cartographic
information available on Tubbataha protected area and environs, it added.
In its statement, the embassy noted that the US recognized biodiversity as a priority
reflected in the Assistance Agreement between the two countries, and that it should be a
priority under the US Philippines Bilateral Science and Technology Agreement that took
effect in October 2012.
The Tubbataha Reef accident focuses renewed attention on this goal and offers
opportunities for future bilateral cooperation in science and technology that reflect our long-
standing shared commitment to the protection of the marine resources of the Philippines, it
said.
Latest reports had noted that the SMIT Borneo of SMIT Singapore, one of the two lift
cranes commissioned by the US Navy to begin the removal of the grounded minesweeper,
arrived at the Tubbataha Reefs Natural Park on Sunday.
The Guardian ran aground on Jan. 17 while in transit to Indonesia after a port visit at the
former US naval base, Subic.
Authorities said that one of the US Navys plans was to dismantle the minesweeper and
remove it in sections from the marine sanctuary, but a final plan had yet to be approved.
President Benigno Aquino III, meanwhile, had earlier noted that authorities had been tasked
to investigate the grounding incident and that the country would hold United States Navy
accountable under Philippine laws for the damage caused by the incident.

Senate ratifies amendments to Overseas Absentee Voting Act
http://newsinfo.inquirer.net/353089/senate-ratifies-amendments-to-overseas-absentee-voting-
act#ixzz3DkHQvRZg

MANILA, Philippines The Senate ratified Tuesday the bicameral conference committee
report on the amendments to the Overseas Absentee Voting Act.
Amendments to the OAV include the removal of a provision requiring Filipinos who are
abroad to issue an affidavit where they declare they will return to the Philippines after being
registered as an overseas absentee voter.
Immigrants and permanent residents not disqualified to vote [must submit] an
affidavit declaring the intention to resume actual physical permanent residence in the
Philippines not later than three years after approval of his/her registration as an overseas
absentee voter, the provision had said.
Senator Aquilino Pimentel III, chairman of Senate Committee on Electoral Reforms and
Peoples Participation and sponsor of Senate bill 3312, previously stated that the removal of
the particular provision would encourage more Overseas Filipino Workers to vote.

Senate passes tighter gun control bill
http://newsinfo.inquirer.net/353069/senate-passes-tighter-gun-control-bill#ixzz3DkHTpwD7

MANILA, PhilippinesThe Senate has approved on third and final reading Sen. Panfilo
Lacsons comprehensive bill on guns and ammunition that again imposes Marcosian
penalties such as imprisonment of at least 30 years for illegal possession of firearms.
Sen. Gregorio Honasan, the sponsor of Senate Bill No. 3397 and chairman of the Senate
committee on public order, expressed confidence that the measure would pass Congress
before the official start of the campaign period next week.
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The Senate worked on the comprehensive gun control bill during its tight three-week nine-
session schedule after returning from its Christmas break and before another recess that
starts on Feb. 9 to make way for the election campaign.
The stiffer penalties on illegal acquisition and possession of guns and ammunition came in
the wake of gun-related incidents such as the stray bullet killings of children in Navotas and
in Mandaluyong during the New Years Eve revelry, the Kawit gunplay that killed eight and
the Atimonan massacre.
This is not a knee-jerk reaction to the recent incidents. This is a proactive measure with
long-term implications, Honasan told the Philippine Daily Inquirer.
We are hoping that this will be a deterrent and so it will rely on strong public support,
Honasan added.
Congress in 1997 enacted a law that brought down the penalties for illegal possession of
firearms. Lacson said it was about time the penalties were brought back up.
The penalties should be made harsher because many crimes are attributed to the use of
firearms and the use of guns, the display of guns and the commission of crimes using guns
have become too blatant, Lacson told reporters.
But more than that, the reason why [the proposed bill] is comprehensive is that even the
safety features of how to use and how to possess guns are provided for. For instance, having
a vault [for keeping the gun] at home. It also provides for which persons are authorized to
possess and carry firearms, Lacson added.
According to Honasan, public hearings on the proposed measure have shown that while
there are 600,000 to 800,000 registered firearms in the Philippines, there are as many
unlicensed guns across the country.
Aside from the stiffer penalties on illegal acquisition and possession of guns, Honasan said
the bill would punish illegal distributors and manufacturers of firearms.
Its like [our strategy] in the dangerous drugs law, we intend to hit the source and go for
supply reduction and, at the same time, demand reduction, Honasan said.
Under the proposed bill, illegal possession of a small firearm is punishable with prision
mayor (six years and one day to 12 years in prison) in its medium period; illegal possession of
three or more small arms, reclusion temporal (12 years and one day to 20 years) to reclusion
perpetua (at least 30 years); illegal possession of a Class A light weapon, prision mayor in its
maximum period; and illegal possession of a Class B light weapon, reclusion perpetua.
The penalties imposed would be one degree higher if the firearms illegally possessed were
under any or a combination of the following conditions: loaded with ammunition or inserted
with a loaded magazine; fitted or mounted with laser or any gadget used to guide the shooter
in hitting the target such as a thermal weapon sight and the like; fitted with sniper scopes,
firearm muffler or firearm silencer; accompanied with an extra barrel; and converted to be
fired semi-automatic or full automatic.
The bill passed on final reading in the Senate provides that only small arms may be registered
by licensed citizens of licensed juridical entities for ownership, possession and concealed
carry.
It further provides that a light weapon shall be lawfully acquired or possessed exclusively by
the Armed Forces, the Philippine National Police and other law enforcement agencies
authorized by the President, provided that private individuals who have licenses to provide
Class A light weapons upon the effectivity of this act shall not be deprived of the privilege to
continue possessing the same and renewing the licenses therefor.
Arm smuggling and the unlawful manufacture, importation, sale or disposition of firearms
and ammunition would be punished with as many as 30 years in prison.
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Senate sets inquiry on Philex mining spill
http://newsinfo.inquirer.net/353063/senate-sets-inquiry-on-philex-mining-spill#ixzz3DkHWIBSq

MANILA, PhilippinesThe Senate has set an inquiry into the unprecedented mine spill
that occurred at a mining site of Philex Mining Corporation in the province of Benguet last
August 2012.
On August 2012, the country witnessed a mine tailings leak of unprecedented proportions,
Senator Sergio Osmea III said in a privilege speech Tuesday.
Mine tailings are a form of waste from the process of extracting the valuable minerals or
metals from rocks or ore.
The penstocks of the only operational mine-tailings pond or Pond C of Philex in Benguet
had collapsed, causing the discharge of over 20.6 million metric tons of mine wastes,
Osmea said.
He said that the amount of wastes spilled in the incident was 20 times more than the
infamous Marinduque Mining Disaster that left Boac River dead over a decade ago.
There have been no official findings yet from the government on the exact details of the spill
such as the toxicity of waste, the accurate amount of waste spilled, as well as the effect on all
those living near the Balog and Agno river systems, Osmea said.
Various Non-Government Organizations (NGOs) have written to him calling on the Senate
to conduct an investigation into the incident, he said.
We owe it to our people, the country and ourselves to know the truth about the massive
leak, its impact to the affected communities, the Local Government Units, and our
ecosystem, Osmea said.
In the interest of transparency, fairness, and justice, I strongly and respectfully request that
the appropriate committees of the Senate initiate proper inquiry, in aid of legislation, even
while the Senate is on recess, he added.

Lawmakers disagree on treatment of young criminals

MANILA, PhilippinesDisagreement over the age when youth criminal offenders should
be penalized has marred the bicameral meeting where senators and members of the House
of Representatives are ironing out kinks in a measure amending the Juvenile Justice and
Welfare Act of 2006.
Senate Majority Leader Tito Sotto said he and House members on the bicameral panel had
wanted youth offenders 12 to 15 years old, who committed heinous and major crimes
with prison terms at least 12 years, to be given the same sentences.
The House of Representatives also wanted to lower the age for youth offenders to be tried
in court to 15 years old.
However, Sotto said the bills principal author, Senators Francis Pangilinan and Pia Cayetano,
had insisted on pegging the age of youth offenders to be tried in court to 15 years old
regardless of the gravity of the crime.
Cayetano is the chairperson of the Senate committee on women and youth.
Pangilinan earlier said the bill had exempted children 15 years old and below from criminal
liability but not from civil liabilities.
It is the parents of juvenile offenders who would shoulder the civil liabilities incurred by the
children.
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Pangilinan acknowledged the impasse, saying in a text message that a deadlock occurred
during the bicameral meeting Monday morning.
Sotto deplored the presence of representatives from the Commission on Human Rights
during the bicameral meeting that should have been attended exclusively by lawmakers.
Sotto argued that the current situation required that laws be adjusted because criminal
offenders in cases of murder, rape, drug trafficking and parricide were becoming younger.
He cited a case of a 12-year-old girl who was gang-raped by four boys 12 to 13 years old.
Are they saying those boys did not have discernment? Those boys are now at home with
their parents to whom authorities have turned them over. But what about that girl? Sotto
asked.
Sotto said he would convince Sen. Francis Escudero, chairman of the Senate committee on
justice, to prevail upon Pangilinan and Cayetano to adopt the House version dropping the
cutoff age for juvenile offenders to be meted criminal sentences to 12 years old.
Under the Senate bill, youth offenders would be imprisoned in a facility separate from adult
criminals.

PH, US reaffirm probe on Tubbataha grounding incident
http://globalnation.inquirer.net/63587/ph-us-reaffirm-probe-on-tubbataha-grounding-
incident#ixzz3DkHeu9E0

MANILA, PhilippinesThe Philippines and the United States (US) on Tuesday reiterated
their pledge to cooperate in investigating the cause of the grounding incident at the
protected Tubbataha Reefs in the Sulu Sea, saying that both countries agreed that preventing
further damage to the reef remained a top priority.
In a joint statement by the countries released on Tuesday, officials noted that in a meeting at
the Department of Foreign Affairs (DFA) on Monday, US Ambassador to the Philippines
Harry Thomas Jr. reiterated the US assurances to provide appropriate compensation for
the damage to the reef caused by the ship.
The statement noted that since the grounding incident, representatives from the DFA, the
Department of Justice (DoJ), the Department of Transportation and Communications
(DoTC), the Philippine Coast Guard (PCG), along with representatives of the US Navy and
the U.S. Embassy had held a series of meetings to discuss the issue.
Various militant groups have urged the government to bring legal charges against US Navy
officers and crew members of the USS Guardian, the 63-meter long minesweeper that ran
aground on the Tubbataha Reef last January 17.
Reports had noted that the groups Pambansang Lakas ng Kilusang Mamamalakaya ng
Pilipinas (Pamalakaya) and the Anakpawis party-list filed a letter of complaint to the DoJ,
saying that that were was enough evidence to enforce the arrest of US Navy officials and 79
crew members of USS Guardian for extremely violating the countrys sovereignty and laws.
Reports had also noted how the groups lamented the governments inaction to pursue their
arrest and demand accountability from them.
The joint statement, meanwhile, noted that during the meeting, the Philippine officials
conveyed to the US representatives that the Philippine Coast Guard (PCG) had started its
independent inquiry into the grounding incident. The Philippine Coast Guard formed the
Maritime Casualty Investigation Team (MCIT) in accordance with its standard procedures
and resolutions of the International Maritime Organization (IMO) on serious maritime
incidents to establish the circumstances and causes of the grounding on Tubbataha Reef and
to formulate safety measures to prevent a repetition of this incident, the statement said.
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In the meeting, the two governments agreed to cooperate during investigations of the
grounding incident, the statement added.
The US embassy in Manila had also said that it would conduct a number of other activities
to underscore its commitment to Tubbatahas recovery and the protection of the marine
resources of the Philippines.
It had said that a separate US interdisciplinary scientific team was being formed to initiate
discussions and coordinate with Philippine government agencies such as the Tubbataha
Management Office, non-governmental organizations, and Philippine-based marine
scientists and experts to review and assess damage remediation options.
The embassy noted that the US would grant P4.1 million or $100,000 to a Philippine
university to support coral restoration research at the reef.
It said that in the next two weeks, the embassy would organize a round-table discussion with
local coral reef conservation experts to listen to concerns and discuss options for
conservation and restoration of the reef.
Invitees to this discussion will include entities such as USAID, the U.S. National Oceanic
and Atmospheric Agency (NOAA), relevant Government of the Philippines agencies, and
the Tubbataha Management Office (TMO), it had earlier said.
The US Navy had also said that it had presented to the PCG its plan to dismantle the
minesweeper and remove it in sections from the marine sanctuary. It had said the operation
would utilize floating cranes to minimize damage to the world heritage site.
Latest reports had noted that from an initial estimate of 1,000 square meters, the damaged
area has been pegged at 4,000 square meters.
It is expected that the start of the salvage operation will be announced shortly. In the
meantime, the United States is coordinating closely with PCG in the salvage operation to
extract the USS Guardian from the reef, the joint statement said.

Chinese warships enter West Philippine Sea
http://globalnation.inquirer.net/63539/chinese-warships-enter-west-philippine-
sea#ixzz3DkHhQJZ9

MANILA, PhilippinesChinese naval vessels entered Philippine waters on Feb. 1 amid
efforts by the Philippines to peacefully resolve its territorial dispute with China in the West
Philippine Sea through arbitration in the United Nations.
Chinas state-run Xinhua news agency reported on Sunday that a naval fleet of the Peoples
Liberation Army (PLA) entered the West Philippine Sea for patrol and training missions
this week.
Xinhua said the three ships from the PLA Navys North China Sea fleetthe missile
destroyer Qingdao and missile frigates Yantai and Yanchengtraveled through the Bashi
Channel, an international sea route between Luzon and Taiwan, before entering the West
Philippine Sea at 11:40 a.m. on Friday.
The report said the training exercises would be held within Chinese territorial waters.
China claims almost all of the West Philippine Sea, including parts close to the shores of the
Philippines, Vietnam, Malaysia, Brunei and Taiwan.
UN arbitration
The Philippines has protested Chinese incursions into waters within its exclusive economic
zone (EEZ), but China insists those waters are part of its territory.
Last month, the Philippines took its dispute with China to the United Nations for arbitration.
12
The Philippines asked the United Nations to declare invalid Chinas claim to parts of the sea
that are within the Philippine EEZ.
Manila also asked the United Nations to stop Beijings incursions into Philippine territory in
the sea.
It is not clear whether the Philippine action can proceed without Chinas participation in the
arbitration.
China refuses to bring its territorial disputes with its neighbors to any international forum,
insisting on resolution through bilateral negotiations.
US support
A congressional delegation from the United States that recently visited Manila, however,
expressed support for the Philippines decision to go into arbitration in accordance with the
United Nations Convention on the Law of the Sea.
The Department of Foreign Affairs said it decided to take the dispute to the United Nations
because the government had already exhausted all other options.

US to compensate PH for damage to Tubbataha Reefs
http://globalnation.inquirer.net/63507/us-to-compensate-ph-for-damage-to-tubbataha-
reefs#ixzz3DkHkiku7

PROTEST AT US EMBASSY Activists protest the destruction of Tubbataha Reefs as a
result of a US Navy minesweeper getting stuck at the World Heritage Site.

The US government has apologized and pledged to provide appropriate compensation to
the Philippines for the damage caused by the grounding of a US warship at the protected
Tubbataha Reefs in the Sulu Sea.
The US compensation will come in a package that includes a joint scientific assessment of
the reefs for rehabilitation, a P4.1 million ($100,000) grant for coral restoration on the reefs,
and funding for improvements in the communications system within and around the natural
park.
In a statement released by the US Embassy in Manila on Sunday, the US government said it
had been committed over the past decade to help the Philippines protect its marine
ecosystems, including coral reefs.
In view of the damage caused by the USS Guardian accident at Tubbataha Reefs, the US
has expressed it regrets and is prepared to provide appropriate compensation to the Republic
of the Philippines. In addition to compensation, the US government is planning a number of
other activities which will underscore its commitment to Tubbatahas recovery and the
protection of the marine resources of the Philippines, the statement said.
No comment was immediately available on Monday from the Tubbataha Protected Area
Management, which had been talking about going after the US Navy for the damage caused
to the reefs by the Guardian.
Keep quiet
The Department of Foreign Affairs (DFA) had cautioned the Tubbataha gatekeeper against
making too much noise about Philippine environmental laws and penalties lest it antagonize
the United States, which could opt to play hardball and not pay compensation at all.
In a meeting with Tubbataha, Navy, Coast Guard, Palawan local government and
environmental officials on Jan. 31, Assistant Foreign Secretary for American Affairs Carlos
D. Sorreta said the Americans were to announce payment of compensation for the damage
to the reef.
13
But if they hear many things like threats, their lawyers will advise them not to commit to do
anything that may be construed as an admission of guilt, Sorreta said. That hardens them
and pushes them to the extreme of hiding behind immunity. We want a win-win situation.
Sorreta said the DFA was not advising caution to side with the Americans. [R]ather it is
protecting our own self-interest. The compensation that we will ask for will cost more than
the fines, he said.
The grounding of the Guardian on the reef on Jan. 17 has caused damage to 4,000 square
meters of coral on the reefs.
The Philippines imposes a fine of $300 for every square meter of damaged coral.
Sue them
Left-leaning groups on Monday asked Justice Secretary Leila de Lima to bring criminal
charges against the officials and crew of the Guardian for damage to Tubbataha, a Unesco-
World Heritage Site area that the Philippines considers a national treasure.
Famous around the world for its breathtaking corals and unique marine life, Tubbataha rivals
Australias Great Barrier Reef as a tourist attraction.
Leaders of Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) and the
Anakpawis party-list group handed a letter to the Department of Justice (DOJ) on Monday,
asking De Lima to take legal action not only against US officials but also against Philippine
officials who had not done anything about making the United States accountable for damage
to Tubbataha and allowed the officers and crew of the Guardian to leave the Philippines.
The two groups said the damage to the reefs would affect the livelihood of 100,000
fishermen and workers on commercial fishing vessels in the West Palawan Sea and Sulu-
Celebes Sea and nearby fishing grounds in the Visayas and Mindanao.
They said the damage to the reefs merited the DOJ endorsement of their demand for the
abrogation of the Philippines Mutual Defense Treaty and Visiting Forces Agreement with
the United States.
De Lima had no immediate comment on Monday about the two groups request.
Damage review
In the US Embassy statement, the US government said it was now forming a US
interdisciplinary scientific team that would initiate discussions with Manila to review coral
reef rehabilitation options in Tubbataha, based on assessments by Philippine-based marine
scientists.
The team will help assess damage and remediation options in coordination with the
Tubbataha Management Office, appropriate Philippine government entities,
nongovernmental organizations and scientific experts from Philippine universities.
The US government will offer to fund a site survey for proposed improvements in the
existing ranger station in Tubbataha Reef, it said, adding the proposals could include the
installation of radar and communications equipment that could help park rangers and the
Philippine Coast Guard avoid collisions and monitor marine poachers.
In the next weeks, the US Embassy will organize a roundtable with local coral reef
conservation experts to listen to concerns and discuss options for conservation and
restoration of the Tubbataha Reefs.
Those who will be invited to the discussion include the US Agency for International
Development (USAID), the US National Oceanic and Atmospheric Agency, concerned
government agencies and the Tubbataha Management Office.
Coral restoration
14
Through USAIDs Coral Triangle Support Partnership, P4.1 million, or US$100,000, will be
granted to a Philippine university to support coral restoration research at Tubbataha Reef,
the embassy said.
The US government said it would also share hydrographic survey data with the Philippine
National Mapping and Resource Information Authority in a bid to improve cartographic
information available on the Tubbataha protected area and its environs.
The Tubbataha Reef accident focuses renewed attention on this goal and offers
opportunities for future bilateral cooperation in science and technology that reflect our
longstanding shared commitment to the protection of the marine resources of the
Philippines, the embassy said.
US support
It said the US government had invested more than P1.9 billion, or $46.5 million, to support
marine biodiversity conservation programs in the Philippines over the past decade.
The investment includes the USAIDs Philippines Coral Triangle Support Partnership
Program, which since 2007 has contributed P254.2 million, or $7.2 million, to protect coral
reef ecosystems in the Philippines, including Tubbataha Reefs.
The 63-meter-long, 1,300-ton Guardian remains stuck on the southern atoll of Tubbataha,
waiting to be broken apart and removed piece by piece to avoid further damage to the reefs.
The US Navy has presented to the Philippine Coast Guard a dismantling plan using
floating cranes to remove the Guardian from the reef.
Lt. Commander Armand Balilio, spokesman for the Coast Guard, told the Inquirer on
Monday that the plan must be approved by the Philippine government before the removal
of the vessel could begin.
Balilo said the SMIT Borneo of SMIT Singapore Pte. Ltd., the floating crane contracted by
the US Navy to break the Guardian apart, arrived in Puerto Princesa City in Palawan last
week.
Further reef damage
He said the task force headed by the Department of Transportation and Communications
(DOTC) was amenable to the US Navys decision to break the ship apart, but was concerned
about further damage the removal of vessel could cause to the reefs.
Rear Admiral Rodolfo Isorena, the Coast Guard commandant, is flying to Puerto Princesa
Tuesday to attend a meeting of the task force, Balilo said.
The task force will take up the issue. Its decision needs the final approval of the DOTC,
he said.
The Coast Guard is a member of the task force. The other members are the private
Tubbataha Reef Foundation and provincial and local government representatives from
Palawan.

Senates failure to pass whistle-blower security bill hit
http://newsinfo.inquirer.net/356867/senates-failure-to-pass-whistle-blower-security-bill-
hit#ixzz3DkIwz7gu


MANILA, PhilippinesWhistle-blowers in two of the major scandals to hit the Arroyo
administration lamented the Senates failure to pass a bill that would have given them more
security, even as they urged senatorial candidates to commit to the measures passage in the
16th Congress.
15
Jose Barredo, a self-confessed runner in the P728-million fertilizer fund scam, said the
whistle-blowers protection bill was necessary even if President Aquino was not embroiled in
corruption scandals. There are other officials who could be engaged in wrongdoing, he said.
Another whistle-blower, former Philippine Army Sgt. Vidal Doble, said threats to their well-
being could not be discounted even if they were in the governments Witness Protection
Program.
Doble and Barredo applied for a gun ban exemption at the Commission on Elections on
Monday.
House Bill No. 5715, otherwise known as the Whistleblower Protection, Security and
Benefit Act of 2011, was passed by the House of Representatives in April last year, but a
similar bill did not progress to third and final reading in the Senate.
Its impossible that corruption has been totally wiped out, Barredo told the Inquirer on
Monday, adding that without the assurance of adequate protection, witnesses to crime would
be reluctant to come out.
Doble said he and his fellow whistle-blowers were worried over the nonpassage of the
whistle-blowers protection act, especially with the end of the term of Sen. Panfilo Lacson,
who had been safeguarding their interests.
Doble had claimed to be part of an intelligence team that recorded the Hello Garci
conversations, in which former President Gloria Macapagal-Arroyo was supposedly heard
asking an election official about keeping her lead in the 2004 polls.Leila B. Salaverria



Sulu sultan called in to help in Sabah standoff
http://globalnation.inquirer.net/64689/sulu-sultan-called-in-to-help-in-sabah-
standoff#ixzz3DkJcFkmb

LAHAD DATU, SabahA Sulu sultan has been called in to resolve a standoff between
Malaysian security forces and a group of Filipino armed claiming to be members of the
royal army of the Sultanate of Sulu.
Sultan Jamalul Kiram III, a descendant of the Sultanate of Sulu and a relative of the armed
group leader, is expected to help find a peaceful solution to the standoff that entered its fifth
day Saturday.
The leader of the armed group has been identified as Raja Muda Azzimudie Kiram, who had
been negotiating with the Malaysian emissaries since Tuesday.
Azzimudie, who was dressed in white robes, was said to have been an assistant district
officer of Kudat during the time of former chief minister Tun Datu Mustapha Harun
between 1967 and 1976.
Azzimudie also met another relative of the Sulu Sultan, who was brought in from Kuala
Lumpur.
He has yet to respond to requests by emissaries to go home.
The emissaries are hoping for the group to give up their demands for their ancestral land of
the Sulu Sultanate. Sultan Jamalul is expected to come by boat from the southern Philippines.
Azzimudie, who spoke to the emissaries in English, showed them documents of the
ancestral claim to Sabah.
He was staying in a house of a man in his 60s called Pakcik Umrah (Uncle Umrah).
16
Umrah and his wife is the only local family remaining in Kampung Tanduo, while the other
families from 15 houses have moved in with relatives in Tanjung Labian, about 30
kilometers away.
The number of armed men has increased from 30 from Saturday to about 300 as of this
writing.
The group is comprised of Tausugs and Bajaus from Basilan, Jolo and Tawi-Tawi, and
arrived on board several boats since Saturday.
Most of them, aged from 20 to 60, were in dressed in black and grey military fatigues and
armed with M16 rifles, M14 grenade launchers and Colt 45 pistols.
At least six camps have been set up there.
A villager, who returned to check on his house, said the Filipinos did not enter the vacant
houses and were living off whatever that was grown in the village.
Malaysian security forces have locked down all routes in the Felda Sahabat 17 oil palm
plantation leading to Kampung Tanduo.
Only food and water were allowed to be brought in as negotiations were going on.
Patrol boats from the security agencies have blocked off entry from the southern Philippines,
whose closest islands are Sipangkut and Sibutu, which can be reached by boat within 15
minutes.
Sabah Police Commissioner Datuk Hamza Taib said police have contingency plans in the
event the talks broke down.
We are optimistic that the situation will be resolved very soon with the group returning to
their home country, he said Friday.
Hamza said Malaysian authorities were also in contact with Philippine Foreign Affairs
Secretary Albert F. del Rosario.

PH, Malaysia to patrol common maritime bordersAFP chief
http://globalnation.inquirer.net/64629/ph-to-increase-military-presence-in-common-maritime-
borders-afp-chief#ixzz3DkJgxYea

BAGUIO CITY, PhilippinesThe Philippines will increase military presence in common
maritime borders with Malaysia to prevent further entry of armed groups in Sabah, a high-
ranking military official said Friday.
The chief of the Malaysian defense forces, General Tan Sri Dato Sri Zulkifeli bin Mohd
Zin has requested us to patrol our borders as they will patrol their side to prevent illegal
entrants so they are going to address peacefully the situation there, Armed Forces of the
Philippines Chief of Staff General Emmanuel Bautista told reporters in a chance interview
with reporters Friday night.
The AFP Chief issued the statement amid a stand-off between Malaysian authorities and
about 200 armed Filipinos, who illegally entered Sabah claimed it as its own territory.
Bautista did not confirm how many armed Filipinos are in Sabah, saying that there are
Filipinos who are also residents of Sabah.
The Department of Foreign Affairs (DFA) earlier said the armed Filipino men who were
claiming to be part of the Sulu royal army, was not sanctioned by the Philippine
government.
DFA Secretary Albert del Rosario also sought the Malaysian authorities assurance that the
rights of Filipinos who are permanently residing in Sabah would be respected.


17
Palace hopes anti-money laundering law will avert blacklisting
http://newsinfo.inquirer.net/359713/palace-hopes-anti-money-laundering-law-will-avert-
blacklisting#ixzz3DkJjLy4Q

MANILA, PhilippinesThe Philippines hopes to avoid being put on a blacklist of money-
laundering havens after President Benigno Aquino signed a new law boosting safeguards
against such crimes, his spokeswoman said Saturday.
The law brings the country up to international standards as required by the inter-
governmental Financial Action Task Force which threatened to blacklist it, spokeswoman
Abigail Valte said.
Were very hopeful that, with the passage of this particular law, the FATF will see we are
really serious in our commitment to fight money-laundering, she told reporters.
Officials of the Philippine anti-money laundering council will leave soon for an FATF
meeting in Paris to show that Manila was complying with their conditions, she said.
The law is aimed at preventing terrorists, corrupt officials, drug syndicates and human-
traffickers from using the country as a hiding place for their ill-gotten gains, Valte said.
As demanded by the FATF, it broadens the definition of crimes covered and expands the
businesses to be monitored for money-laundering beyond mere financial institutions such as
banks.
The FATF had previously placed the Philippines on its dark grey list of jurisdictions
deemed not to be making sufficient progress in fighting money-laundering and threatened to
blacklist it in early 2012.
It called for greater state powers to make it easier to scrutinise bank accounts, as well as
casinos, foreign exchange traders and other non-bank entities.
While the Philippines previously passed two crucial anti-money laundering laws in June, it
only passed the third law sought by the task force this month.
The new law, signed by Aquino late Friday, also still spares casinos from coverage for fear
this would scare off investors, lawmakers said.
The Philippines recently opened Entertainment City, an $4 billion Manila casino complex
aimed at rivalling Macau, Las Vegas and Singapore as a gaming hub.
Asked if omitting casinos might have a negative effect, Valte said we will make an
evaluation first and then well move forward from there.
An FATF blacklist would make it difficult for millions of Filipinos working abroad to remit
their earnings and also affect Filipinos seeking to invest overseas.

PH urged to consider reviving Sabah claim
http://globalnation.inquirer.net/65105/ph-urged-to-consider-reviving-sabah-claim

MANILA, Philippines A legislator on Thursday urged the Philippine government to
consider reviving its claim to Sabah amid a standoff between the Malaysian authorities and a
group claiming to be members of the Sultan of Sulu.
But such a claim should be pursued through a diplomatic and peaceful solution said Bayan
Muna Representative Teddy Casio.
The recent actions of the heirs of the Sulu Sultanate have very strong historical and legal
grounds, he said, pointing out that the group was acting on the Philippines continuing
claim on Sabah.
Historical records show that the Philippines has the upper hand. Many accounts reveal that
the Sultanate of Sulu predates all existing governments, said the partylist lawmaker.
18
Casio said that the government should begin talks with Malaysia for a just, comprehensive
and peaceful solution to the issue.
House minority leader Danilo Suarez meanwhile said that as far as the minority bloc is
concerned, that is our land. If it werent, why would they pay rent?
Casio said that Malaysia continues to pay a token annual rent of about 5,300 ringgit
(P77,000) to the Sultanate of Sulu as a cession fee.
Up to now, they are paying the heirs of the Sultanate of Sulu, said Suarez.
Maybe its time those claims are revived It is in the interest of the nation that the
Philippine government pursues the Sabah claim with the same intensity as it is asserting our
sovereignty and territorial integrity in the West Philippine Sea, said Casio.

PH navy ships near Sabah as deadline for Sulu army to leave looms
http://globalnation.inquirer.net/65185/ph-naval-ships-in-tawi-tawi-waters-to-help-stabilize-
situation#ixzz3DkKp7XhU

LAHAD DATU, SabahThe Philippines sent six navy ships and an aircraft to the seas of
Sulu and Tawi-Tawi as deadline for the Sultanate of Sulus royal army to leave Sabah
looms, officials said.
The ships from the Philippine Navy and Coast Guard were patrolling the waters less than
half an hour by speed boat from the seaside village of Tandau in Sabah, where the Sulu
group of royal followers has been in a standoff with Malaysian authorities since February 9,
Philippines Navy spokesman Lieutenant Commodore Gregory Fabic said Friday.
We are conducting maritime security patrol. We were given instruction to do this to prevent
the movement of people [to and from Sabah], Fabic told Radyo Inquirer 990 AM.
This is also to prevent the escalation of the Sabah issue, he said.
Aside from six naval vessels and a Philippine Navy Islander aircraft, ships from the
Philippine Coast Guard were also sent to the area as the country intensified its watch on the
Sulu Sea amid a Friday deadline imposed by Malaysia for the Sulu group to leave the area.
Fabic said that the naval vessels would not dock in Sabah but were there only to help make
the situation stabilize.
He said there were no instructions given for the evacuation of the Sulu group of about 100
men led by Raja Muda Azzimudie Kiram, the brother of Sultan Jamalul Kiram III.
We are hoping that this will be resolved peacefully. If they are retreating, we are not there
to help them because we need instructions if they can be picked up, Fabic was quoted as
saying.
If there are conflicts, we cannot help them. We will (only go there) if it is resolved
peacefully and are given instructions to repatriate them, he added.
The Malaysian security forces, who have thrown a tight land and sea cordon around the
group, are reportedly in a position to deport the group anytime but are holding back pending
efforts to resolve the standoff through negotiations without bloodshed.
Meanwhile, President Benigno Aquino reportedly said in Manila that the Sulu gunmen,
whose action has revived discussions in the Philippines on the dormant Sabah claim, should
give up peacefully.
Going there with arms is not the way to resolve this. When you brandish arms naturally the
other side has only one way to respond to such a challenge, Aquino was quoted as saying in
his first public comment on the incident.
Aquino also said that his government had been talking to all parties, including the Sultans
family, to find a peaceful solution.
19
Philippine Foreign secretary Albert del Rosario said in a separate statement that Aquino had
ordered government authorities to do everything possible to try and urge them to
peacefully withdraw and to do this as quickly as possible.
The Islamic Sultanate of Sulu once controlled parts of Borneo, including the site of the
stand-off, as well as southern Philippine islands.
The sultanate leased northern Borneo to Europeans in the 1870s. While the sultanates
authority gradually faded as Western colonial powers exerted their influence over the region,
it continued to receive lease payments for Sabah.
Heirs to the sultanate still receive nominal yearly compensation from Malaysia under a long-
standing agreement. One of the demands from the gunmen is more compensation.
Estimates of the number of the armed men has varied. Last week, Malaysian Home Minister
Hishammuddin Hussein put the number at between 80 to 100 gunmen.
But the sultans spokesman, Abraham Idjirani, said in Manila there were about 400 members
of the group, including 20 with arms.
Idjirani said the sultan, Jamalul Kiram, who lives in a Manila suburb, gave the men the
authority to reside in Sabah and they were determined to resist efforts to expel them.
The sultans men in Sabah were instructed not to fire first, Idjirani added.
But if the Malaysian military will attack us, we will be left with no choice but to defend
ourselves, he quoted Kiram as saying. Tetch Torres-Tupas, INQUIRER.net with
Agence France-Presse

DFA, DOJ, Palace ordered to study Sulu sultans Sabah claim
http://globalnation.inquirer.net/65099/doj-dfa-ordered-to-study-validity-of-kirams-sabah-
claim#ixzz3DkKuETQ5

MANILA, PhilippinesApparently seeking to appease the sultan of Sulu, who has until
Friday to order his followers to leave Sabah, the government said on Thursday it was
studying the sultanate of Sulus claim to the eastern Malaysian territory.
Justice Secretary Leila de Lima said President Aquino had ordered the Department of Justice
(DOJ), the Department of Foreign Affairs (DFA) and the Office of the President itself to
study the legal validity of the sultanates claim to Sabah.
The DOJ will handle the legal aspect of the claim, De Lima said. The DFA will deal with the
policy dimension, while the Presidential Communications Development and Strategic
Planning Office will handle the historical aspect of the claim, she said.
The sultanate is now headed by Sultan Jamalul Kiram III, who last week sent a group of his
followers to occupy Sabah, creating a crisis that could revive irritations between the
Philippines and Malaysia involving the resource-rich state in northern Borneo.
De Lima said the study would include an assessment of the strengths and weaknesses of the
Sulu sultanates claim to Sabah.
The study will dig as deep as possible into the history of the claim, using all available
materials, including previous studies, De Lima said.
No deadline
She said the President did not give her a deadline for the submission of the study but her
understanding was that it was a priority assignment.
I will try to finish it in a few days, she said.
About 300 followers of Jamalul led by his brother, Agbimuddin Kiram, are holed up in the
village of Tanduao in Lahad Datu town in Sabah.
20
They are surrounded by Malaysian police, military and naval forces, and Malaysian
authorities have given them until Friday to come out for deportation or they will be rounded
up and sent back to Sulu.
The government has sent emissaries to Jamalul to talk to him about settling the crisis
peacefully.
Revive claim
The crisis has given rise to proposals for the revival of the Philippine claim to Sabah despite
the hesitation of the Aquino administration, which does not want any complications for the
peace negotiations with the Moro Islamic Liberation Front (MILF) being brokered by
Malaysia.
The government and the MILF have signed a preliminary peace agreement, and are
threshing out a final accord.
Despite the imminence of a final peace deal, Bayan Muna Rep. Teodoro Casio on Thursday
proposed that the government revive the Sabah claim and vigorously pursue a diplomatic
and peaceful solution to the standoff in Lahad Datu.
Continuing claim
The recent actions of the heirs of the Sulu sultanate have very strong historical and legal
basis, Casio, a senatorial candidate in Mays midterm elections, said in a statement.
In fact, they are acting on our continuing claim to Sabah, which has been dormant under
previous administrations, said Casio, a member of the House foreign relations committee.
[The] government should not turn its back on our Muslim brothers. We should start talks
with Malaysia for a just, comprehensive and peaceful solution to the issue, he said.
Sabah is populated by Filipino Muslims and has rich natural resources that can help provide
food, jobs and materials needed by [industries], Casio said.
The Philippines claim to Sabah, made on behalf of the sultanate of Sulu, was first made
during the term of President Diosdado Macapagal in 1962 before Sabah officially became a
state of Malaysia.
Token rental
Malaysia continues to pay a token annual rent of 5,300 ringgit (P77,000) to the sultanate of
Sulu as a cession fee.
Succeeding governments have sadly made this claim dormant through the years. It is high
time the government, considering our nations long-term interests and respecting the right
and principle of ancestral domain of our Muslim brothers and sisters, revived our claim to
Sabah, Casio said.
This is the best way to diplomatically settle the current standoff that is the reason for
centuries of unrest in many parts of southern Philippines, Casio said.
Ceded to Sulu
Various historical records and accounts from 1473 to 1658 showed that Sabah was part of
the sultanate of Brunei. In 1658, the sultan of Brunei ceded Sabah to the sultan of Sulu in
compensation for his help in settling a civil war in Brunei.
In 1885, the colonizers United Kingdom, Spain and Germany signed the Madrid Protocol,
recognizing the sovereignty of Spain in the Sulu archipelago in exchange for the
relinquishment by Spain of all its claims to Sabah in favor of the United Kingdom.
In 1888, Sabah became the protectorate of the United Kingdom, which then was also
occupying Malaysia as its colony.
Upper hand
Historical records show that the Philippines has the upper hand. Many accounts reveal that
the sultanate of Sulu predates all existing governments, Casio said.
21
The Philippine government must follow through on its official claim to the territory not
only for the heirs of the sultanate of Sulu, but for the Filipino people and nation, he said.
Originally posted at 03:56 pm | Thursday, February 21, 2013

Sultan of Sulu seeks UNCHR protection
Food running out for Sabah intruders
http://globalnation.inquirer.net/65391/sultan-of-sulu-seeks-unchr-protection#ixzz3DkLCSlRe

The Sultan of Sulu has asked the United Nations Commission on Human Rights (UNCHR)
to help his followers who are running out of provisions after two weeks of holing up in a
village in the eastern Malaysian state of Sabah.
Sultan Jamalul Kiram III wrote the UNCHR in Manila on Feb. 20, asking for protection for
250 members of the Royal Security Forces of the Sultanate of Sulu and North Borneo whose
lives, he said, were threatened by a food blockade thrown by Malaysia around the village of
Tanduao in Lahad Datu town, Sabah.
Jamalul has also written to Sultan Hassanal Bolkiah of Brunei asking for help in resolving the
standoff in Tanduao peacefully.
The UNCHR was furnished with a copy of Jamaluls letter to the sultan of Brunei, also dated
Feb. 20.
A deadline given by Malaysia to the armed group led by Jamaluls brother, Agbimuddin
Kiram, to come out and submit to deportation expired on Friday, but the Philippines asked
the Malaysians to give the sultans followers four more days to end the occupation of
Tanduao peacefully.
But that was before Jamalul announced at a news conference in Manila on Friday that he had
ordered Agbimuddins group to stand fast until recalled.
News of Jamaluls defiance slowed down the Malaysian decision on the Philippine request
for an extension of the deadline.
Malaysian Foreign Minister Anifah Aman notified the Home Ministry of the Philippine
request on Friday but Home Minister Hishamuddin Hussein said he would leave the
decision to Anifah.
Its up to police
Hishamuddin said, however, that he would leave it to the police to conduct an operation to
end the standoff with the armed group in Tanduao.
The countrys sovereignty and the pride of the people of Sabah must not be taken for
granted, Hishamuddin told reporters on Saturday.
Abraham Idjirani, secretary general and spokesperson for the Sultanate of Sulu, said the
blockade around Tanduao had reduced Agbimuddins group to eating root crops and
vegetables found in the area.
The Malaysian authorities do not allow Tausug residents of Lahad Datu to enter Tanduao to
prevent food from reaching Agbimuddins forces, Idjirani said.
Muzzle down
Agbimuddin remains in contact with Jamalul, Idjirani said. The two men last talked by phone
on Saturday, with the younger Agbimuddin being counseled by the sultan to stay calm,
Idjirani said.
The sultan, he said, also instructed Agbimuddin and the royal security forces to keep their
muzzles down, a military term meaning carrying rifles with the muzzles pointed to the
ground to signify no hostile intent.
22
Idjirani told the Inquirer by phone that the sultan wrote a letter to Prime Minister Najib
Razak four days ago to assure the Malaysian leader that the sultanates followers came to
Sabah to live in peace.
Jamalul assured Najib that the sultanates forces would not initiate violence but would
defend themselves if attacked, Idjirani said.
As of yesterday, Idjirani said, Jamaluls orders to Agbimuddin remained unchanged: Hold
your ground.
Its still as is, Idjirani said.
The administration of President Aquino refuses to intervene, as the standoff has to do with
the Sulu sultans heirs claim to Sabah, part of the Sultanate of Sulu and formerly known as
North Borneo.
Sabotage
Malacaang believes Jamaluls action is aimed at sabotaging the peace talks between the
Aquino administration and the Moro Islamic Liberation Front (MILF).
The Palace reportedly suspects that the opponents of the peace process are using Jamalul to
scuttle a preliminary peace deal between the government and the MILF, among them the
Moro National Liberation Front (MNLF), the followers of former President Gloria
Macapagal-Arroyo and the Presidents uncle, Jose Peping Cojuangco and his wife,
Margarita Tingting Cojuangco, whose plan to run for governor of the Autonomous
Region in Muslim Mindanao (ARMM) in 2011 went to naught after Congress postponed the
regional election and synchronized it with this years midterm elections to give Mr. Aquino
time to introduce reforms in Muslim Mindanao.
The MNLF has neither confirmed nor denied aiding Jamalul but its leader, Nur Misuari, has
publicly opposed the preliminary peace agreement between the Aquino administration and
the MILF.
The MNLF has said that among the members of Jamaluls royal security forces are MNLF
fighters.
The allies of Arroyo are silent.
Cojuangcos cleared
The Cojuangcos issued a press statement on Saturday saying President Aquino had cleared
them of involvement in the Sulu sultanates Sabah action.
According to the statement, Mr. Aquino texted his uncle Jose Peping Cojuangco belying
reports that he believed the couple had a hand in Jamaluls decision to send his followers to
Sabah to establish a presence there.
Uncle Joe, we are looking for who is instigating them. Neither you nor Aunt Ting [has]
been mentioned in any report to me, the Presidents text message said, according to the
press statement.
The them in the message refers to Jamalul and his followers, whose action could endanger
other Filipinos living in Sabah.
ARMM Acting Gov. Mujiv Hataman said he was trying to reach Jamalul to ask the sultan to
call back his followers, as their occupation of Tanduao could adversely affect the thousands
of other Filipinos living in Sabah.
Sabahs proximity to southern Philippines makes it accessible to Filipinos from Palawan,
Basilan, Sulu and Tawi-Tawi. Thousands of Filipinos cross to Sabah without passports and
Malaysian authorities, eager for trade and manpower for industries in Sabah, have tolerated
them for years.
Immigration crackdown
23
But the intrusion into Sabah of an armed group led by a brother of the Sulu sultan could
lead to a crackdown on undocumented Filipinos in Sabah and expulsions could rattle the
economy in southern Philippines.
Hataman said he had talked with some members of the royal clan and asked them to help
resolve the standoff in Sabah.
There were reports in Zamboanga on Saturday that Jamalul was going to consult his
followers on what steps to take next.
Major Malaysian newspapers published reports on Saturday quoting Deputy Prime Minister
Muhyiddin Yassin as saying on the second day of a visit to Sabah that Kuala Lumpur was
doing everything possible to work out a peaceful solution to the standoff. With reports
from Julie Alipala and Allan Nawal, Inquirer Mindanao; and The Star, Asia News
Network

SC pressed for ruling on Charters anti-dynasty provision
http://newsinfo.inquirer.net/365389/sc-pressed-for-ruling-on-charters-anti-dynasty-
provision#ixzz3DkLXP3FT

MANILA, PhilippinesPushing their cause against political dynasties, a group led by
former Vice President Teofisto Guingona Jr. has filed a motion asking to the Supreme Court
to review its position that it could not compel Congress to enact an anti-dynasty law.
In their 27-page motion filed Feb. 22, Guingona, along with Volunteers Against Crime and
Corruption founding chairman Dante Jimenez, lawyers Leonardo de Vera, Eduardo Bringas
and Vicente Velasquez, and Raymundo Jarque, clarified that they were not asking the Court
to usurp the powers of Congress to make laws.
[We] simply pray for a determination of whether Congress by inaction for the past 25 years
has violated the Constitution and its duty as the representative of the people when it chose
to downplay and disregard the importance of the anti-political dynasty policy despite the
provision in Article XIII, Section 1 of the Constitution, mandating it to give highest priority
to enact measures of this nature, the petitioners said.
The court early this month dismissed the Guigona groups petition, along with that of
senatorial candidate Ricardo Penson, citing the principle of separation of powers and the
doctrine of political question. The justices also said that the anti-dynasty provision in the
Constitution was not self-executory and needed an enabling law.
However, the Guingona and his fellow petitioners insisted that the Constitution already has
forbidden political dynasties and Congress only has to define what a political dynasty is.
Congress does not have, Congress was not granted, Congress was not given the option,
Congress was not given the discreton not to pass a law prohibiting political dynasty, they
said.
Instead of invoking the principle of separation of powers in refusing to compel Congress to
pass an anti-dynasty law, the group said the justices could use the same principle to declare
that the legislature has committed grave abuse of discretion.
The act of the majority members of Congress in not passing the law is based on their
personal bias as they themselves are part of the political dynasties. Clearly, there is grave
abuse of discretion on their part, they said.
And when grave abuse of discretion is committed by the Legislative or Executive branches,
the court should not use the doctrine of political question as shield, to the detriment of the
Filipino people from where all the branches of government derived their power in the first
place, they added.
24
If the court does find that there was indeed grave abuse of discretion, there should be a
commensurate move to give effect to its pronouncement and this move is to require
Congress to follow the Constitution, the petitioners said.
This is not an encroachment or usurpation per se but rather the enforcement of the will of
the People as mandated by the Constitution! This is true democracy! they added.

Peace groups hail formation of TransCom for Bangsamoro
http://newsinfo.inquirer.net/365435/peace-groups-hail-formation-of-transcom-for-
bangsamoro#ixzz3DkLcSjDV

OZAMIZ CITY, Philippines Peace advocates lauded the formal organization of the
Transition Commission (TransCom) by President Benigno Aquino III as the beginning of a
new history for Mindanao.
We applaud both sets of the TransCom members and congratulate each and every one of
them on their selection and endorsement by their communities, leaders and peers. We know
that they each have the support and backing of the sectors they represent, the Mindanao
Peace Weavers (MPW), a network of nine major peace groups in the country focused on the
Mindanao peace process, said in a statement.
The peace roadmap for Mindanao is expected to formally take off as President Aquino has
constituted the 15-member TransCom that will draft a Basic Law to serve as charter of the
future Bangsamoro autonomous political entity.
The appointment of the TransCom members was made on the same day the peace
negotiating panels of the government and the Moro Islamic Liberation Front (MILF) kicked
off the 36th exploratory meeting in Kuala Lumpur to hammer out consensus on the
remaining key issues relating to a comprehensive peace agreement.
The creation of the TransCom is provided in the preliminary Framework Agreement on the
Bangsamoro (FAB) that the parties inked last Oct. 15.
Now that the Commission is operational with the appointment of its full membership, the
mechanism to move forward on the roadmap set by the Framework Agreement on the
Bangsamoro is firmly in place, said presidential adviser on the peace process Teresita
Quintos-Deles in a statement e-mailed to the Inquirer.
MILF chief negotiator Mohagher Iqbal is slated to head the TransCom. Joining him are
MILF nominees Robert Alonto, Abdulla Camlian, Ibrahim Ali, Raissa Jajurie, Melanio
Ulama, Hussein Mu?oz, and Said Shiek.
The government nominees are Akmad Sakkam, Johaira Wahab, Talib Benito, Asani
Tammang, Pedrito Eisma, Froilyn Mendoza, and Fatmawati Salapuddin.
As provided in the framework pact, the TransCom seats are reserved for Bangsamoro. Of
the 15, four are women, namely, Wahab, Jajurie, Salapuddin and Mendoza.
According to a Palace statement, the seven government nominees underwent thorough
screening and evaluation by a TransCom Selection Body composed of Deles, Justice
Secretary Leila de Lima, and Secretary Mehol K. Sadain of the National Commission on
Muslim Filipinos (NCMF).
The Palace further said that the Selection Body screened the nominees based on their track
record in support of the peace process, and established probity, untainted by any charge or
suspicion of corruption or abuse of power.
Earlier, the MILF said its nominees were selected based on their sincerity to the
Bangsamoro cause (and) capability to discharge the task.
25
Deles has noted that the TransCom membership is drawn from various ethnic, professional
and political backgrounds from within the Bangsamoro hence it is imbued with gender
and generational balance.
This manifests the commitment of the Aquino administration in upholding inclusivity in
the peace process, she stressed.
She added that the main challenge for the TransCom is formulating a Basic Law that shapes
inclusive, participatory and empowering social and political institutions in the future
Bangsamoro region.
Government chief negotiator Miriam Coronel-Ferrer said the Basic Law, while ensuring the
realization of Moro self-governance aspirations, must also guarantee the rights and
wellbeing of all citizens, groups, and sectors in the new political entity.
The challenges to the 15 men and women of the TransCom remain the same as those that
the negotiators faced when they sat on the table to discuss a lasting solution to the armed
conflict in Mindanao for the first time, Coronel-Ferrer added.
The MPW expressed hope their shared vision for the Bangsamoro will prove to be the
bond that unites the efforts of the TransCom members regardless of who nominated them
to be part of the body.
Iqbal, who will chair the TransCom, is a veteran in the Mindanao peace process and of the
Moro struggle. Alonto and Camlian are currently members of the MILF peace panel.
Ali is a Muslim cleric; Ulama is a leader of the Teduray Lambangian tribe who serves as
consultant to the MILF peace panel along with Jajurie, a Tausug.
Muoz is military commander of the Bangsamoro Islamic Armed Forces, the MILF armed
wing, while Shiek, a Maranao, heads the MILF ceasefire committee.
Both Tammang and Sakkam are lawyers and natives of Sulu. Sakkam is also a diplomat while
Tammang served a term as Sulu congressman from 1992 to 1995.
Also a lawyer, the Maguindanaoan Wahab currently heads the legal team of the government
panel.
Benito, a Maranao, is dean of the King Faisal Center for Islamic, Arabic and Asian Studies of
the Mindanao State University in Marawi City.
Eisma, a native of Isabela, Basilan, used to be a local politician.
Mendoza is a member of the Indigenous People and Cultural Communities Sectoral Council
of the National Anti-Poverty Commission being leader of the Teduray Lambangian
Womens Organization.
Salapuddin heads the Sulu-based Bangsamoro Women Solidarity Forum, and at present
director of the NCMFs Bureau of Peace and Conflict Resolution.


3 partylist groups face Comelec over illegally posted campaign paraphernalia
http://newsinfo.inquirer.net/374137/3-partylist-groups-face-comelec-over-illegally-posted-
campaign-paraphernalia#ixzz3DkQdjBsY

MANILA, Philippines Three partylist groups defended themselves before the
Commission on Elections (Comelec) en banc in a public hearing Friday for allegedly
violating campaign rules.
Piston, Kabataan, and LPGMA, through their lawyers, heard witnesses presented by the
Comelecs prosecution team who testified to the placement of the illegal posters in
prohibited areas.
26
Piston, Kabataan, and LPGMA are set to present their witnesses in the next session on
Monday.
Comelec subpoenaed Kabataan, Piston, and LPGMA over the allegedly illegally posted
campaign paraphernalia, which was discovered during the Comelecs ocular inspection.
Comelec Education and Information Department Director James Jimenez previously said
Monday on Twitter that subpoenas served on Kabataan, Piston, LPGMA today, kicking off
the preliminary investigation into their poster violations.
Hearing for motu proprio cancellation of poll accreditation of Kabataan, Piston, and
LPGMA set for this Friday, March 15, Jimenez said.
Kabataan partylist was previously issued legal notices for its election propaganda found
posted on the center island of Taft Avenue and tarpaulins inside the Polytechnic University
of the Philippines campus in Manila.
Several other senatorial candidates and partylis groups were issued legal notices for them to
take down their illegal posters.
Comelec has also been receiving reports of potential campaign violations from concerned
citizens through Facebook and Twitter.
If stripped of accreditation, Kabataan, Piston, LPGMA will no longer participate in the
May 13 polls. Any votes they get will be considered stray, Jimenez said in his tweet.


Brillantes hits citizens' arm: 'Don't punch poll body'
http://www.rappler.com/nation/politics/elections-2013/27545-brillantes-hits-namfrel-arm-
shouldn-t-punch-poll-body

What is a citizens' arm supposed to do?
Facing criticism from the National Citizens' Movement for Free Elections (Namfrel),
poll chief Sixto Brillantes Jr said this much is clear: the arm should not punch the poll body.
Brillantes on Friday, April 25, criticized Namfrel for releasing a statement on malfunctioning
ballot-counting machines. Namfrel referred to incidents from as far back as two months ago,
during the mock polls organized by the Commission on Elections (Comelec) last February 2.
In a two-page letter to Brillantes, Namfrel said problems involving precinct count
optical scan (PCOS) machines will pose problems on election day, May 13. The watchdog
packaged the letter to Brillantes as a statement sent to the media on Thursday, April 24.
I think it is definitely unacceptable to us for a citizens' arm to be coming up with such kind
of a press release, Brillantes said in an interview with reporters on Friday. Why are they
coming out now that the elections is drawing very close?
Warning to Namfrel
The Comelec chair aired a warning to Namfrel: We also have the same authority to
cancel their accreditation if you think you cannot function as a citizens' arm, and you would
rather act as a (critic) or a detractor of Comelec. You should get out as a citizens' arm.
But isn't a watchdog supposed to question the Comelec, from time to time, for checks and
balances? Does Brillantes expect Namfrel to side with Comelec all the time?
When asked this question, Brillantes replied: Tama 'yon. (That's right)
He said, however, Namfrel should engage Comelec in constructive criticism in the sense
that you can express your concerns, but not publicly.
27
Kaya ka nga citizens' arm, kamay ka ng Comelec, Brillantes added. Isusuntok mo ba ang sarili
mo? (That's why you're a citizens' arm. You're the arm of the Comelec. Will you punch
yourself?)
In the first place, however, how has Brillantes responded to Namfrel's concerns?
The Comelec chairman said he has engaged Namfrel in a discussion, but not yet in a point
by point refutation of Namfrel's issues. He assured the public: Definitely the PCOS is very,
very reliable.
He added that the mock elections last February 2 was for our own assessment of
the actual condition. Nakakita kami ng mga konting mali, kinorrect na namin lahat 'yan. Kaya nga
we did the mock elections months before, he explained. (We saw a few glitches and we corrected
them all. That's why we did the mock elections months before.)
In its letter to Brillantes, Namfrel cited problems last February 2, such as the following:
One-hour delay in initializing the PCOS machine in Baseco Tondo
PCOS malfunctions in areas like the University of the Philippines Integrated School
(UPIS), Quezon City and Bato, Camarines Sur
Delays in transmission in areas like Cagayan de Oro Central School, UPIS, and
Camarines Sur
Failure of transmission in Bongao, Tawi-Tawi; Dumaguete, Iriga City; and Bato,
Camarines Sur
One of the key leaders of Namfrel is former Comelec commissioner and IT expert Gus
Lagman. -Rappler.com

ASEAN to China: Let's discuss disputes

http://www.rappler.com/world/27483-asean-urges-china-discuss-sea-disputes
Southeast Asian leaders on Thursday, April 25, called for urgent talks with China to
ensure that increasingly tense territorial disputes over the South China Sea did not escalate
into violence.
The 10-member Association of Southeast Asian Nations (ASEAN) wrapped up a
two-day summit in Brunei with a chairman's statement in which they emphasized the
importance of "peace, stability and maritime security in the region."
Brunei's Sultan Hassanal Bolkiah, the host of the talks, told reporters after the
summit that the leaders wanted to "urgently work on a code of conduct" with China aimed
at defusing tensions in the strategically vital body of water.
"We have agreed on what I see as a two-step approach. Firstly, the overlapping
claims are for the claimant states to deal with. Secondly, both ASEAN and China wish to
promote a calm and peaceful atmosphere and to urgently work on the Code of Conduct,"
Bolkiah said in a press conference after the summit.
"We would like all parties concerned to seize the current positive momentum and to
reach an agreement on the Code of Conduct. And we all agree to encourage continuing
discussion, dialogue, and consultation in all levels especially among claimant countries and to
keep the lines of communication open," he added.
The other key focus at the summit was pushing forward plans to create a single
market for Southeast Asia and its 600 million people -- known as the ASEAN Economic
Community -- by 2015.
However the flashpoint South China Sea issue dominated the meeting, amid growing
concern among some Southeast Asian countries over China's increasing aggression in laying
claim to the waters.
28
China says it has sovereign rights to nearly all of the South China Sea, which is
believed to sit atop huge deposits of oil and gas. It is also home to some of the world's
busiest shipping lanes and richest fishing grounds.
ASEAN members the Philippines, Vietnam, Malaysia and Brunei, as well as Taiwan,
also claim parts of the sea.
The competing claims have for decades made the area one of Asia's potential powder
kegs for military conflict. China and Vietnam fought battles in 1974 and 1988 for control of
islands that left dozens of soldiers dead.
Tensions have risen again in recent years as China has used increasingly aggressive
diplomatic and military tactics to assert its authority.
Among the actions that have caused alarm were China's occupation of a shoal close
to the Philippines' main island last year, and the deployment last month of Chinese naval
ships to within 80 kilometers (50 miles) of Malaysia's coast.
ASEAN endured unprecedented infighting last year as the Philippines and Vietnam
failed to persuade the bloc to send a united message of concern to China.
Cambodia, a close China ally that held the rotating chair of ASEAN in 2012, blocked the
efforts of the Philippines and Vietnam.
Road to nowhere?
Southeast Asian leaders said this week's summit had successfully led to a regained
sense of unity within ASEAN on the issue, with Philippine President Benigno Aquino
praising his Brunei host for deft diplomacy that helped build a consensus.
"Everybody is interested in having a peaceful resolution and also in voicing... concern that
there have been increasing disputes," Aquino told reporters.
Nevertheless, analysts said ASEAN's calls for China to agree on a legally binding
code of conduct for the sea would likely lead nowhere.
ASEAN and China first agreed to work on a code in 2002, but the Asian superpower
has since refused to discuss it further.
"China was never enthusiastic about a code of conduct, as it does not want to sign an
agreement that will constrain its sovereignty-building activities," Ian Storey, a senior fellow at
the Institute of Southeast Asian Studies, told AFP.
However Aquino said he was happy that ASEAN leaders had at least united in trying
to ensure the disputes over the South China Sea did not "become bloody".
"So there is unity of purpose and one can always be hopeful that that will lead to something
more concrete," he said.
Indonesian Foreign Minister Marty Natalegawa said ASEAN foreign ministers would
hold talks with China on the issue during a scheduled event in Beijing later in the year.
But officials gave no indication of whether there could be any meetings before then.
Bolkiah and other Southeast Asian leaders said progress had been made this week on the
ASEAN Economic Community, and more than three-quarters of its framework had been
agreed upon.
But they also cautioned the hardest phases of the negotiations had just begun. -
Rappler.com

ITLOS appoints Tribunal team on South China Sea claim
http://www.rappler.com/nation/27482-itlos-un-tribunal-team-south-china-sea-case

29
MANILA, Philippines - The International Tribunal for the Law of the Sea (ITLOS) has
appointed all 5 members of the United Nations Tribunal that will hear the territorial case
filed by the Philippines against China over the West Philippine Sea (South China Sea).
The members of the United Nations Conventions on the Law of the Sea (UNCLOS) are:
1. Judge Chris Pinto (Sri Lanka), President
2. Judge Rdiger Wolfrum (Germany), Member, current ITLOS Judge
3. Judge Stanislaw Pawlak (Poland), Member, current ITLOS Judge
4. Judge Jean-Pierre Cot (France), Member, current ITLOS Judge
5. Judge Alfred Soons (The Netherlands), Member
Pinto earlier appointed Pawlak to the Tribunal while the Philippines nominated Wolfrum
when it filed the case before ITLOS.
The Department of Foreign Affairs said the Philippines was informed of the update through
a letter submitted by Pinto to Solicitor General Francis Jardeleza on Wednesdday, April 24.
On January 22, the Philippines decided to elevate the territorial dispute over the West
Philippine Sea to Annex VII arbitration under the UNCLOS as the standoff between the
Philippine Navy and Chinese fishing vessels that entered Scarborough Shoal continues a year
since it began.
The government wants the tribunal to declare China's 9-Dash claim as "invalid" and
"unlawful."
The development comes as heads of state at the 22nd ASEAN Summit discussed the
possibility of adopting a Code of Conduct for the West Philippine Sea that will minimize the
risk of conflict between claimant nations in the area. - with reports from Angela
Casauay/Rappler.com



Philippine coast guard kills Taiwanese fisherman in disputed waters
http://www.wsws.org/en/articles/2013/05/14/scsd-m14.html

Relations between Taiwan and the Philippines soured dramatically over the weekend,
in the wake of the Philippine shooting and killing an unarmed Taiwanese fisherman in
disputed waters between the two countries. Taipei has demanded that Manila issue an
apology, punish those responsible, and compensate the victims by May 15 or the Taiwanese
government will place a ban on the entry of any new Filipino workers to the country.
On May 7, the China Daily reported that a flotilla of thirty Chinese fishing vessels
was sailing for the disputed South China Sea to conduct a forty-day fishing expedition. The
announcement occurred in the final days before the May 13 interim elections in the
Philippines; politicians and the Philippine press competed with each other to denounce this
as an invasion of Philippine waters, and called upon President Aquinos government and
the Armed Forces of the Philippines to prevent it.
No group was more strident than Akbayan, a left political party formed in the
break-up of the Maoist Communist Party of the Philippines and now a coalition partner with
President Aquinos Liberal Party. Their congressional representative, Walden Bello, stated:
This is tantamount to an invasion. Now they are sending their fishing vessels. If we don't
act strongly to defend and secure our sovereignty, soon they might send their naval warships
and troops as well."
He called on the Philippine Coast Guard to seize any Chinese vessel and arrest its
30
crew.
On Thursday, May 9, the Philippine Coast Guard accosted not a Chinese, but a
Taiwanese fishing vessel in the disputed waters of the Bashi channel between Taiwan and
the Philippines. The Philippine coast guard turned its machine gun on the small boat and
fired more than fifty rounds at the ship and its unarmed crew. A sixty-five year Taiwanese
old fisherman, Hung Shih-cheng, was killed.
This occurred 170 nautical miles south of the main island of Taiwan, and within the
Exclusive Economic Zone (EEZ) of both countries, defined as a sea zone within 200
nautical miles of the coast. The boat was the Guang Ta Hsin 28, a small, 15-ton capacity
fishing vessel, with a crew of four. Hung Shih-cheng was sailing with his son, his son-in-law,
and an Indonesian crew member.
The Philippine Coast Guard initially denied the event, stating that they had no ship
in the vicinity. On May 10, faced with public outcry in Taiwan and a sharp backlash from
Taiwanese president Ma Ying-jeou, the Aquino administration admitted that a Taiwanese
fisherman had been killed. They claimed that the fishing vessel had attempted to ram the
coast guard cutter.
The event dominated the Taiwanese media over the weekend and received very little
coverage in the Philippine press, which was pre-occupied with yesterdays elections.
The sudden escalation of tensions between Taiwan and the Philippines in the South China
Sea result from Washingtons aggressive drive by in the region to encircle China. In its
provocative push to contain China, the Obama administration has encouraged its allies to
stake out aggressive maritime claims in the South China Sea region and stoke a chauvinist
political climate at home.
The US State Department issued a statement on Monday saying that Washington
regretted the tragic death of a Taiwanese fishing boat master. The statement did not
indicate who was responsible for the death.
On Saturday the office of president Ma Ying-jeou issued four solemn requests and
an ultimatum to Aquino. Ma demanded that Manila apologize for the brutal and cold-
blooded act, compensate the family of the victim, investigate and punish the perpetrators,
and commence talks over fishing rights.
Should these requests not be granted by midnight on May 14, Taipei is threatening to
freeze all work visa applications from the Philippines, recall its diplomatic representative
from the Philippines, and send Manilas representative back to the Philippines.
The Philippine diplomatic representative in Taiwan, Antonio Basilio, offered his countrys
sincerest condolences and apologies to the family of the slain fisherman. He pointedly
stated, however, that this was not an apology to Taiwan or the Taiwanese government, and
should not be construed as fulfilling President Mas demand.
A Taiwanese presidential spokesperson denounced the Aquino administrations
response as flippant.
Ma called upon the Coast Guard administration to dispatch ships to the disputed
waters and increase patrols to protect Taiwanese fishermen.
Filipino workers are the third-largest group of foreigners in Taiwan, with 85,000
official Filipino residents as of March 2013. Bilateral trade between the Philippines and
Taiwan totaled $6.17 billion in 2011, with Taiwan listed as the Philippines sixth-largest
trading partner.
An Aquino spokesperson said that the commander and crew of the Coast Guard
vessel, MCS3001, had been relieved of their duties and were to be subject to an investigation.
The Philippine response to the demands from Taipei would be issued following the
31
investigation which officials stated would take a week, well past the deadline set by Ma.
Yesterday, Philippine diplomatic representative in Taiwan, Antonio Basilio, was recalled to
Manila.
Meanwhile, computer hackers in Taiwan have begun conducting cyberattacks on
Philippine websites, taking down or defacing prominent government sites. Philippine
hackers have begun attempting to do the same to Taiwanese government websites.
Both groups purport to be members of the cyber-anarchist network Anonymous. There was
speculation in the Philippine press that the attacks undertaken by the Taiwanese hackers on
the day of the Philippine election may have compromised portions of the electronic balloting.


Comelec reinstates 238,000 OFWs on absentee voters list
http://globalnation.inquirer.net/67307/comelec-reinstates-238000-ofws-on-absentee-voters-
list#ixzz3DkIEEKlM

MANILA, PhilippinesThe 238,000 overseas Filipino workers who were earlier removed
from the official voters list by the Commission on Elections (Comelec) will be able to cast
their ballots on May 13 after all.
Heeding the clamor of the OFWs that they be given more time to communicate their
intention to vote, the Comelec issued a resolution extending the period of filing of the
manifestation of intent to vote until the last day of voting for overseas Filipinos, or until May
13.
Comelec Chair Sixto Brillantes Jr. explained that the en banc decision, promulgated on
Tuesday, virtually reinstated the 238,557 overseas Filipinos to the qualified voters list after
their failure to meet the deadline to file their intent in December 2012.
In effect, we are reinstating the list of those whom we deleted in a previous resolution
now, they can reactivate it by the act of coming out and voting, he said.
In an earlier resolution, the Comelec en banc gave those who failed to vote in the past two
elections until Dec. 21 last year to file their manifestation of intent to vote in the May 13
balloting in order to be retained in the National Registry of Overseas Absentee Voting
(NROAV).
Under the law, failure to vote for two consecutive national elections is a basis for removal
from the Comelec voters list.
But out of the 238,557 OFWs who were given the last chance to be retained in the NROAV,
only 40 responded to the Comelec call.
According to Brillantes, after discussions with representatives of overseas Filipinos, the
Comelec decided that showing up to vote on May 13 will be considered as the act of
activation so that those who want to participate in the elections will not be disenfranchised.
The automatic reinstatement of these voters will bring to more than 900,000 the number of
total Filipino absentee voters in the upcoming elections, a huge leap from 2010s roughly
580,000 overseas voters.
Under the en banc resolution, the overseas voters who wish to cast their ballots will be
required to present themselves at the post where they are registered and sign in the overseas
voting form that will be provided.
The Comelec en banc also ordered the election bodys allocation committee to allot ballots
equivalent to 20 percent of the registered voters in a post where postal voting is adopted.
32
No additional allocation shall be made for posts adopting personal and automated voting
considering that the ballots allocated for them is sufficient to cover the voter turnout, it
stated.


Comelec: 'Money ban' to fight vote buying
http://www.rappler.com/nation/politics/elections-2013/28383-comelec-vote-buying-withdrawals

MANILA, Philippines (3rd UPDATE) In an unprecedented move to curb vote buying, the
Commission on Elections (Comelec) has decided to control the unusual withdrawal of cash
close to election day, poll chief Sixto Brillantes Jr said Tuesday, May 7.
Under the so-called "money ban," the Comelec limits cash withdrawals to P100,000 from
Wednesday, May 8, to election day, May 13.
The ban covers the equivalent of this amount "in any foreign currency, per day in banks,
finance companies, quasi-banks, pawnshops, remittance companies, and institutions
performing similar functions," according to Comelec Resolution No. 9688 promulgated
Wednesday. It doesn't cover all non-cash transactions.
The new Comelec resolution also prohibits "the transportation and/or carrying of cash
exceeding P500,000 or its equivalent in any foreign currency from May 8 to 13, 2013." The
resolution said carrying or transporting such amount "shall be presumed for the purpose of
vote buying and electoral fraud in violation of the money ban."
The poll body, however, exempts "farmers, merchants, and other persons similarly situated,"
as long as they present "proof of their occupation and the transaction which generated the
cash exceeding the threshold."
The resolution allows warrantless arrests against vote buyers and sellers. (Read the full
"money ban" resolution below.)
Comelec Resolution No. 9688: 'Money Ban'
The Comelec has deputized the Bangko Sentral ng Pilipinas (BSP) and other government
financial agencies to implement this resolution. It has also directed all existing Comelec
checkpoints to monitor compliance with the money ban.
Restraint of trade?
In an interview with reporters, Brillantes said because the proposal involves only cash
withdrawals, this means trade and industry "will not be affected. He said the rule will cover
cash because "no one buys votes using checks."
We're trying to prevent the circulation of cash, which can be used for vote buying... If we
will limit it to only P100,000 each, it will be very difficult to withdraw millions of pesos,"
Brillantes said.
The BSP, on the other hand, said the possible rule may constitute a restraint of trade as
well as violate bank secrecy, according to Brillantes. He said the BSP is "not really happy
with our proposals."
The Comelec chairman, however, said he doesn't see anything wrong about this.
Hindi naman namin titingnan 'yung account nu'ng mga tao; ikontrol mo lang 'yung withdrawals ng cash,
Brillantes explained. (We're not looking into the bank accounts of people; we will just
control their withdrawals of cash.)
'Debatable' rule
In April, Brillantes said the Comelec was brewing a "debatable" rule against vote-buying that
involves "constitutional issues." He said this should surprise politicians close to D-Day.
The Comelec uses one of the powers given it by the Constitution.
33
The Constitution allows the Comelec to "deputize, with the concurrence of the President,
law enforcement agencies and instrumentalities of the government... for the exclusive
purpose of ensuring free, orderly, honest, peaceful, and credible elections."
Based on observations by poll watchdogs, vote-buying has become more rampant under the
automated election system. This is because the automated system has made it more difficult
for operators to cheat during canvassing an observation that critics say is arguable.
An election lawyer for over two decades, Brillantes has vowed to use his experience to
cleanse the election process. In an earlier interview with Rappler, he said his knowledge of
dirty tricks works to his advantage. Rappler.com

Supreme Court stops poll money ban
http://newsinfo.inquirer.net/405993/supreme-court-stops-poll-money-ban

The Supreme Court has issued a status quo ante order against the money ban resolution of
the Commission on Elections (Comelec) that would have prevented the withdrawal and the
carrying of large amounts of cash before and during the elections on Monday.
Chief Justice Ma. Lourdes Sereno issued the order suspending the implementation of
Comelec Resolution No. 9688 upon the recommendation of Justice Arturo Brion, who
wrote the majority opinion on the petition against the Comelec resolution by the Bankers
Association of the Philippines (BAP).
The Comelec was given 10 days from receipt of the order to comment on the BAP petition.
The status quo ante order, though having an immediate effect, would still need confirmation
by the other justices when the high court resumes regular sessions on June 4.
But when the tribunal en banc is on recess, the Chief Justice has the power to issue certain
orders on its behalf, subject to the eventual approval of the entire court.
Resolution No. 9688 sought to prohibit cash withdrawals exceeding P100,000 per day and
the carrying of P500,000 in cash beginning May 8, Wednesday, until May 13, Monday.
The poll body later amended the resolution, leaving it to the discretion of bank tellers and
officials whether to allow cash withdrawals of at least P100,000.
President Benigno Aquino III, Justice Secretary Leila de Lima and the Bangko Sentral ng
Pilipinas all expressed doubts or opposition to the resolution.
Mr. Aquino called it a shotgun approach that would kill good business. He said that was
the reason why he had not given his concurrence to the money ban.
The BAP, in its petition to the high court, accused the Comelec of acting beyond its
jurisdiction when it issued Resolution No. 9688.
The powers conferred on [the] Comelec under the Constitution do not include the
power to impose limitations on the withdrawal of cash, encashment of checks, conversion of
monetary instruments into cash, and the possession or transport of cash, it said.
The BAP also said the ban violated the constitutional right to due process, right to be
presumed innocent and the non-impairment clause.
It also said the resolution invalidly amended Republic Act No. 9160, or the Anti-Money
Laundering Act, and violated bank secrecy laws.
Focus on polls
Following the latest rebuff of the Comelec from the high court, Malacaang quickly called
on the Comelec to focus on preparations for Mondays polls.
Hopefully, the action of the Supreme Court will allow those concerned with the elections to
focus on delivering honest, credible, and peaceful elections on Monday, said deputy
presidential spokesperson Abigail Valte.
34
Valte stressed that the high court order was not an offshoot of the meeting between
Executive Secretary Paquito Ochoa and Comelec Chair Sixto Brillantes Jr. on Thursday.
I understand that the conversation took place before the Supreme Court decision came out,
she said.
Asked whether this latest rebuke from the high court would be enough reason for Brillantes
to quit, Valte said that would be up to Brillantes.
The Supreme Court has in recent months stopped or reversed at least three controversial
Comelec resolutionsthose on the extended liquor ban, airtime limits for political campaign
advertisements and the qualifications of party-list groups.



Philippine Court Strips Lawmakers of Discretionary Power on Fund
The Philippine Supreme Court stripped lawmakers of their discretionary power to allocate
funds for infrastructure and development projects, ruling the practice is illegal.
Government officials and private citizens involved in the illegal use of so-called pork barrel
funds must also be prosecuted, the Supreme Court said today, according to a copy of its
decision.
President Benigno Aquino pledged to stamp out pork-barrel budgets in August after
thousands of people turned to social media to criticize the system which allocated funds to
projects. The same month the Commission on Audit found that discretionary funds from
2007 to 2009 were spent on dubious projects.
The discretionary budget dilutes the effectiveness of congressional oversight by giving
legislators a stake in the affairs of budget execution, impairing public accountability, the
court said today in its decision.
About three of four Filipinos think that at least half of lawmakers discretionary budgets is
lost to corruption, and more than half of them are unaware of any local projects
implemented by a lawmaker in the past six years, according to a September poll by Pulse
Asia Research.
In its decision, the court said the money allocated for 2013 and previous lump-sum
allocations to legislators from which they can fund district projects are unconstitutional
because they subvert local autonomy. Senators and congressmen had access to 24.8 billion
pesos ($569 million) this year through the Priority Development Assistance Fund, or PDAF.
Court Ruling
Funds covered by this permanent injunction shall not be disbursed/released but instead
returned to the general coffers of the government, the court said.
Senate President Franklin Drilon, in an e-mailed statement, said lawmakers will abide by the
court ruling and would seek to divert 14.5 billion pesos in unused PDAF funds toward
disaster relief and rebuilding after Typhoon Haiyan.
Aquino has said Congress may struggle to focus on his reform agenda given the scandal over
misuse of the funds. Im concerned the legislature can be distracted with all these issues,
he told reporters in Manila on Oct. 23.
In the second half of his six-year term, Aquino is seeking to raise revenue by having
Congress pass a bill rationalizing tax breaks for companies. He also needs approval for a law
to implement a peace deal with Muslim rebels in the south.
Government prosecutors have recommended plunder charges against three senators, former
congressmen and a businesswoman for alleged misuse of the PDAF.
35
http://www.businessweek.com/news/2013-11-19/philippine-court-strips-lawmakers-of-
discretionary-power-on-fund

Philippines, Muslim Rebels Near Final Pact Amid Power-Share Deal
The Philippines and Muslim rebels expect to sign a final accord next month, bringing
President Benigno Aquino closer to his pledge of ending four decades of insurgency on
resource-rich Mindanao island.
The central government will retain authority over monetary, defense, and foreign policies
while the autonomous government will have exclusive powers over agriculture, trade,
investments, labor and tourism, according to a copy of the power-sharing deal signed
yesterday in Kuala Lumpur. Bangsamoro, as the autonomous entity will be known, will have
a ministerial form of government composed of at least 50 popularly elected ministers, who
will elect among themselves a chief minister.
The parties said they expect to complete next month the last of four annexes that will tackle
the schedule of disarming the rebels, paving the way for the final pact. They also need to
thrash out jurisdiction over the waters to be included under Bangsamoro.
Four decades of insurgency in Mindanao killed as many as 200,000 people and stifled
development of the southern island. Ending one of Southeast Asias most entrenched
conflicts could help bring investors to Mindanao and unlock mineral deposits worth an
estimated $312 billion.
The government and the Moro Islamic Liberation Front signed the agreement on the
delineation and sharing of power, according to the joint statement.
Muslim Separatists
Three weeks of fighting in Zamboanga city between government forces and another Muslim
separatist group in September killed at least 203 people and delayed peace talks. The peace
panel had originally targeted signing a final accord in 2013.
This reflects the seemingly inexorable momentum for peace-building, despite the
Zamboanga crisis earlier this year, said political analyst Richard Javad Heydarian in a
telephone interview. The true test will come once they proceed to the normalization annex,
involving the disarmament of MILF fighters and judicial compensation for victims of the
clashes over the years.
Mindanao accounted for 14.4 percent of Philippine output in 2012, according to government
data. Its also home to many of the countrys Muslim population, which accounts for about 5
percent of the Philippines more than 100 million people, according to estimates by the U.S.
Central Intelligence Agency.
Muslim Mindanao
The Autonomous Region in Muslim Mindanao or the ARMM continued to have the highest
poverty incidence among families in the first half of 2012, with the ratio widening to 46.9
percent from 42 percent in 2009, according to a government report in April.
The government and Muslim rebels agreed on wealth and revenue sharing in July and earlier
this year completed the annex on transitional arrangements.
The signing of the annex on power sharing ensures the achievement of a genuine and viable
autonomy for the Bangsamoro, Aquinos peace adviser Teresita Deles wrote in an e-mail.
It has been a very difficult round but we were able to overcome a lot of obstacles, showing
the parties shared commitment to finish and deliver on our peoples desire for peace.
On October 15, 2012, Aquino witnessed the signing of the initial agreement between the
government and the MILF, preserving a cease-fire and providing a framework for
36
Bangsamoro, a political entity to replace the ARMM, which the president had called a failed
experiment.
Annual Address
Aquino asked lawmakers during his annual address to Congress in July to pass legislation in
2014 creating the Bangsamoro, setting the stage for a new autonomous Muslim region
before his six-year term ends in 2016.
A final pact is needed before Congress can discuss the Bangsamoro law. As negotiations
took place in Kuala Lumpur on Dec. 6, members of the MILF seized the police chief in
Marawi City and killed his brother-in-law, which violated the cease-fire, according to army
spokesman Captain Jefferson Somera.
The last annex would involve a lot of horse trading and confidence building, said
Heydarian, the political analyst.
Aquino will need to expend significant political capital to undertake this before he enters
his lame duck years in 2015, he said. But it seems his administration is committed to show
something on this front, as it could be a legacy issue.
http://www.bloomberg.com/news/2013-12-08/philippines-muslim-rebels-near-final-pact-
amid-power-share-deal.html


UPDATE ON MAY COAST GUARD CASE
Coast Guard men charged with killing Taiwanese fisherman want case junked
http://www.interaksyon.com/article/94208/coast-guard-men-charged-with-killing-taiwanes-
fisherman-want-case-junked

Seven of eight Coast Guard personnel facing homicide charges for the shooting
death of Taiwanese fisherman Hung Shih Cheng in May last year asked the court handling
the case to quash the charges against them, saying the prosecution failed to present evidence
to show that the victim is dead.
SN2 Nicky Reynold Aurellio, SN1 Henry Baco Solomon, SN1 Andy Gibb Ronario
Golfo, SN1 Sunny Galang Masangkay, SN1 Mhelvin Aguilar Bendo II, SN1 Endrando
Quiapo Aguila and PO2 Richard Fernandez Corpuz asked Branch 13 of the Batanes
Regional Trial Court (RTC) to dismiss the case against them.
In asking for the dismissal of the case, the accused-petitioners said the prosecution
failed to prove that they committed homicide, since there was no certificate of death or an
autopsy report of the alleged victim.
They said the prosecution's resolution finding probable cause to indict them for
homicide issued in December last year constituted hearsay as there was no proof of the
death of the alleged victim.
They stressed that even the team from the National Bureau of Investigation (NBI)
who went to Taipei in the aftermath of the incident failed to get or receive proof from the
Taiwanese authorities of the victims death.
They explained that even the NBIs medico-legal officer, Ruperto Sombillon
admitted as such in his affidavit that he did not see the remains of the victim or the autopsy
conducted by the Taiwanese authorities when he accompanied the NBI team to Taiwan.
This, they said, showed that Sombillons statements in his affidavit can be considered
hearsay since he has no personal knowledge of his death.
37
"Clearly, there is no proof whatsoever of the corpus delicti of the crime of homicide,
namely the fact of death of the alleged victim. Hence, the accused cannot be held for trial.
Hence, the information in the captioned case does not charge an offense, since the evidence
in support of the information does not show that Hong, the supposed victim, is actually
dead," the accused-petitioners said.
The accused asked the court to set a hearing of their petition on Monday, September
1.Another accused, Commander Arnold Enrique de la Cruz had already been arraigned last
month, where he pleaded not guilty.
Government prosecutors earlier said the accused PCG personnel acted in unison
with the common purpose of firing at the Taiwanese fishing vessel for it to submit for
inspection last May 9, 2013.
They said there is no evidence to show that the Taiwanese fishing vessel posed a
grave danger to the accused during the chase of the coast of Balintang Channel.
The prosecutors also junked the claim of the accused of self-defense when they fired
at the Taiwanese fishing vessel.
The incident sparked a major diplomatic row that threatened to affect thousands of
overseas Filipino workers in Taiwan.
A month later, the National Bureau of Investigation recommended the filing of
criminal and administrative charges against the PCG personnel involved.

Sandigan orders Dimaporo jailed over fertilizer fund scam
(http://www.philnews.com/headlines/2013/headline_news_0801ae.htm)

THE Sandiganbayan issued a non-bailable warrant of arrest against Rep. Abdullah
Dimaporo of Lanao del Norte and five others in line with the P728-million fertilizer fund
scam.
Justices of the Sandiganbayan Fifth Division junked the motion for judicial determination of
probable cause in a 14-page resolution after they saw no reasons to reverse the ruling of the
Office of the Ombudsman in the high-level corruption scandal.
Verily, there is no reason for this court to overturn the Ombudsmans findings of probable
cause to indict the accused, read the 14-page resolution which was released on Wednesday.
Following the resolution, the anti-graft court also ordered the arrest of Dimaporo and the
other accused in the non-bailable charge when it issued on the same day a warrant of arrest.
The court issued the bench order, commanding the Philippine National Police and the
National Bureau of Investigation to apprehend Dimaporo alongside state agriculturist
Isabelo Luna 6th and private individuals Felizardo Dragon, Evangeline Ontiveros, Rosalinda
Bisenio and Elmer Sayre of LFI.
The accused are all facing graft and malversation. Bail for graft is set at P30,000, however,
malversation is non-bailable.
During the hearing of the motion, the incumbent representative of the second district of
Lanao del Norte said that he was never in custody of the public funds allocated for the
purchase fertilizers because the Department of Agriculture Regional Office directly
transferred the cash to the Lanao Foundation, Inc. (LFI)
He added that the 10,000 bags of Saka Organic fertilizer reached the beneficiaries down to
the barangay (village) level, which makes should make him exculpated of falsifying any
documents.
38
Dimaporo and others are facing graft and malversation charges for allegedly releasing P5
million to LFI under the Farm Input and Farm Implement Program (FIFIP) of the
Department of Agriculture, infamously known as the fertilizer fund scam.
However, the Sandiganbayan held otherwise and banked on the validity of the graft and
malversation charges against Dimporo and his co-accused.
In these cases, this court finds that probable cause exists that the crimes charged in the
Informations have been committed by the accused, the resolution read, quoting the
memorandum of the Office of the Special Prosecutor that detailed the alleged acts of the
defendants.
The court added that the Dimaporo was already raising arguments which are evidentiary in
nature and are best exhausted in a full-blown trial.
What is presented [in a preliminary investigation] is evidence only as may engender a well-
founded belief that an offense has been committed and that the accused is probably guilty
thereof, the resolution read.
The magistrates added that the special audit report of the Commission on Audit which did
not allegedly question the P728-million fertilizer fund transferan argument that Dimporo
raisedis irrelevant to the investigation of graft investigators.
Associate Justices Roland Jurado, Alexander Gesmundo and Amparo Cabotaje-Tang signed
the resolution. JOHN CONSTANTINE G. CORDON

SECURING THE SHOALS | What must be done?
(http://www.philnews.com/headlines/2013/headline_news_0804ae.htm)

(Editor's note: Jose Antonio A. Custodio is a security and defense consultant and was
a technical adviser for a US defense company working for the US Pacific Command.
He also specializes in military history and has post-graduate studies in history from
the University of the Philippines. He also teaches history and political science at
several universities in Metro Manila.)
Recently, a Chinese general, Major General Zhang Zhaozhong spoke about a cabbage
strategy which called for layers of defenses in Chinese claims at the West Philippine Sea
which would be set up following the ouster of Philippine presence in the area. What does
this mean for Philippine defense?
The Chinas strategy for the area of which the shoals play a very important role is to provide
a capability for the Chinese to interdict Philippine lines of communication between
metropolitan Philippines and its garrisons at the WPS. Philippine supply runs to and from
the KIG will be put to an end through a series of intimidations and threats ranging from
statements coming from Beijing to harassments by Peoples Liberation Army Navy and
Chinese Marine Surveillance/Fisheries Law Enforcement Command vessels of the
Philippine Navy, Philippine Coast Guard, and civilian vessels.
If China manages to secure Ayungin Shoal, it will be a dagger pointed at both the garrisons
at the KIG and at military and civilian installations at Palawan itself. The construction of a
Chinese garrison at Ayungin will provide them with a means to effectively restrict Philippine
vessels to Palawans immediate coasts and interfere with freedom of navigation there as
Beijing will naturally project 200 nautical miles from it toward the Philippines as part of its
own definition of an Exclusive Economic Zone (EEZ).
Worse is what a Chinese presence at Bajo de Masinloc represents for the Philippines.
Although Manila simply saw that shoal as either a fishing area or even as a former training
39
area of the Americans during the time of the bases, what it failed to realize is that this
maritime geographic feature is a threat toward the centers of gravity of the Philippines.
Consider that the shoal is a mere 124 nautical miles away from Subic, Zambales, which is a
major economic and military hub of the Philippines. It is also near Clark Airport and Metro
Manila with its extensive transport hubs as well as being the capital of the Philippines. What
will stop the Chinese from using Bajo de Masinloc as a forward operating base to initially
monitor Philippine movements, contain them eventually, and even threaten them through
the deployment of area denial missiles once structures are built there?
Although Bajo de Masinloc in Chinese hands serves to threaten the global commons in
terms of commerce and freedom of navigation, it has an even more sinister role in
threatening the political and economic centers of gravity of the Philippines itself.
What is to be done?
Ayungin Shoal should be seen by the Philippines as the proverbial line in the sand. There
should be no retreat. Ayungin must not be given up as it will lead to making the Kalayaan
Island Group untenable. Doing so will also lead to demoralization in the Philippine military
and subsequent loss of national will to defend if the government continues to resort to
withdrawing in the face of Chinese pressure. Despite the boasts of the Chinese general,
China has no answer to outposts of the Philippines although it may harass ships.
The Philippines is not Vietnam and the incident between Vietnamese and Chinese vessels in
the late 1980s cannot be used as a basis to fear Beijings deployments and threats in the WPS.
Vietnam was in isolation during the 1980s and the Philippines today is not diplomatically
isolated and in fact enjoys good standing in the international community and has a robust
military alliance with the United States. Although these two things will not deter the Chinese
from making provocative and threatening moves, they will still prevent them from taking
direct military action such as sinking a Philippine ship since this will definitely bring in the
Americans and perhaps other nations in full force in the area.
At this point in time China is not in a position to match the US ship for ship and aircraft for
aircraft and it will still need at least a generation to become the equal of the Americans if that
will even happen given the current emerging problems in the Chinese economy.
In contrast, the US military is not expected to lose its dominance anytime soon while at the
same time it has a long tradition in deploying assets to keep conflicts from spiraling out of
control such as in the Persian Gulf deployments in the 1980s and the Balkans in the 1990s.
More importantly, the US military has had continuous military experience in both
conventional and unconventional wars and in contrast, the last time the Chinese military was
used in a large scale operation was to crush defenseless students and civilians at Tiananmen
Square in 1989.
China however may try to starve out the Ayungin garrison by increasingly interfering with
supply runs of the Philippines. In this confrontation, although Manila is pushing through
with the arbitration case, it will count for nothing in the current effort to supply and
maintain the KIG garrisons and thus, the Philippines cannot rely on the international
community to provide vessels to support the PNs supply runs. It has to do this alone and
hence it has to maintain the commitment of assets to that area and not back down even if
the Chinese issue warnings and threaten Armageddon against Manila.
On the matter of Bajo de Masinloc/Scarborough Shoal, it must not be allowed by Manila to
turn into a dagger pointing at the throat of the Philippines given its proximity to its centers
of gravity in Luzon such as the capital city, airports and ports in the National Capital Region
and Central Luzon. Any military officer versed in military affairs would find that easy to
discern not unless he specialized in business administration.
40
Eventually Manila must muster the political will and courage to steam back to that shoal and
face off once again with the Chinese and frustrate what they are doing there. What China is
doing to the Philippines at Ayungin must be done by Manila to the Chinese at Bajo de
Masinloc. China will not withdraw there even if there is a favorable ruling for the Philippines
from the international tribunal on the arbitration case.
Fortunately, Beijing cannot hope to control the entire Bajo de Masinloc as it is the size of
Quezon City, and hence, although Chinese vessels may be present in some areas, Philippine
vessels may choose to deploy in other parts of the shoal to protect Filipino fishermen who
have been displaced by Chinas territorial grab.
Creating credible deterrence
As the buildup of assets for the PLA Navy and PLA Air Force continues at full pace
brought about by single-minded determination and focus in Beijing, the Philippines still
deliberates as to what vessel to purchase and frequently finds itself hampered by the
restrictive regulations on equipment purchases which itself had been brought about by
earlier cases of corruption in the Philippine military. Progress in purchases has been
travelling at the speed of a snail on depressants that most of the major acquisitions realized
during the current administration had already been discussed and planned for during the
previous one.
As can also be seen in the State of the Nation Address of the Aquino administration last 22
July 2013, when the President compared the cost of purchasing a jet fighter fleet at 37.92
billion pesos to the same amount that can build more than 100,000 houses, there is still that
guns and butter debate that Philippine policy makers frequently resort to without really
understanding the availability of resources in government and in the private sector.
Just as an example, a single individual stands accused of allegedly pilfering 10 billion pesos or
almost one-fourth of the stated price for a fighter jet fleet from the pork barrel funds of the
Philippine Congress.
Also, many government units from national and local levels frequently resort to wasting
funds on unnecessary projects such as repaving roads that have no damage at all just so that
such money is not returned to the Treasury and to protect their subsequent budget
allocations from decreasing.
Furthermore, investment in defense modernization allows the country to have the will and
capability to protect its maritime interests that are worth hundreds of billions of pesos of gas
fields and renewable aquamarine resources. Thus the issue of the Philippines being allegedly
a poor country is conveniently used as an excuse to cover up for financial mismanagement
and shortsighted practices in the national and local bureaucracies.
Anyone observing the manner in which the Philippines addresses its external threats will
notice that the capabilities or the abject lack thereof of the AFP in external defense is the
determining factor in influencing government policy to utilize diplomacy. However,
diplomacy has its limitations especially if the other side, in this case China, refuses to discuss
with the Philippines unless Manila recognizes first Beijings sovereignty over the entire South
China Sea which is something no self-respecting country will do.
Thus, for Philippine initiatives to be truly effective in the WPS issue, it must be backed up by
the necessary military muscle to provide the confidence to policy makers to craft more
decisive measures against foreign intrusion.
Hence, if the Philippine government resorts to piecemeal acquisitions of military hardware it
then creates the situation that it will realize that these very acquisitions are not enough and
still resort to tasking the Department of Foreign Affairs with the mission of external defense
as Manila will still not have the confidence to commit defense and security assets to protect
41
maritime interests. The end of which will see China gobble up more pieces of Philippine
maritime territory and Filipinos losing access to billions of pesos worth of economic
resources and critically strategic areas.
The Philippine government must immediately pursue acquiring capabilities that will make
the Chinese think twice and Filipino policymakers must realize that such purchases are very
possible and will not cause economic bankruptcy or are futile because it will create the
necessary confidence in government in the militarys ability to protect the country as well as
also staving off defeatist attitudes.
Though the current track of the DFA is correct in establishing an international consensus
and alliance against Chinas behavior and actions in the WPS, it cannot be the sole strategy
of the Philippine government. International opinion is quite fickle and even though
countries like India and Japan have expressed concern in the WPS and the South China Sea,
as long as there is no formal alliance binding Manila, Tokyo, New Delhi, Hanoi, and all other
countries against Chinese hegemony similar to a North Atlantic Treaty Organization, then
the sustainability and cohesiveness of such an international consensus is suspect. As an
example, if ASEAN cannot seem to speak with one voice over the South China Sea and
WPS, what more of such an amorphous international consensus?
This then makes it important for the capabilities of the PN and the PAF to be prioritized
and also fast-tracked. This is because the 2013 SONA will be interpreted by the Chinese
government as a cop-out by the Philippines in modernizing the AFP and instead relying on
an informal and formal international consensus. It will be expected that China will attempt
to drive a wedge between the Philippines and those in the international community that the
Philippine government is banking on to side with Manila. As Manila is always in doubt about
US guarantees to live up to the Mutual Defense Treaty, it will not take too much effort for
China to create an image to the Philippines that the international support that Manila is
attempting to establish may not be as reliable as it hopes it to be.
Also these other governments might have a shift in policy if their political leadership changes.
Hence, the Philippine government, even though it pursues a policy to internationalize the
issue, must resolutely prepare to initially go on it alone with its own resources at the WPS.
The mistake of previous administrations that had wasted 15 years since Mischief Reef must
not be repeated this time around as the Philippines is fast running out of time to face the
largest territorial grab in modern history since the end of Second World War.


Comelec postpones barangay polls in Bohol
October 22, 2013
http://www.philstar.com/headlines/2013/10/22/1248028/comelec-postpones-barangay-polls-
bohol
MANILA, Philippines - The Commission on Elections (Comelec) has deferred the Oct.
28 barangay elections in the earthquake-ravaged province of Bohol.
We are postponing the elections in the entire island of Bohol and the reasons will be specified in a
formal resolution, Comelec Chairman Sixto Brillantes Jr. announced yesterday.
Brillantes said the commission will issue a formal resolution ordering the postponement and setting
of a new schedule for the barangay polls in Bohol as well as in Zamboanga City, which is still
recovering from a three-week rebel siege last September.
Officials said 185 people were killed after a magnitude 7.2 earthquake hit Bohol, Cebu and Siquijor
on Oct. 15. Most of the fatalities were reported in Bohol.
42
The quake displaced 370,000 people in various towns of Bohol. The Philippine Institute of
Volcanology has recorded more than 2,000 aftershocks.
The Comelec earlier deferred the barangay elections in Zamboanga City after more than 400 Moro
National Liberation Front rebels belonging to the Nur Misuari faction stormed Zamboanga City last
Sept. 9 to seize the city hall and raise the flag of an independent Bangsamoro Republik.
Some 190 MNLF rebels were killed after more than three weeks of fighting, while 292 suspects were
captured or have surrendered.
Twenty-three soldiers and policemen were killed and 180 were wounded, while 12 civilians were
killed.
At least 120,000 villagers fled their homes as the rebels burned houses to derail military operations.
The Comelec held a special meeting yesterday to discuss the situation in Bohol and decide whether
to postpone or not the elections in Bohol.
Brillantes said the commissioners had considered numerous factors in their decision to defer the
barangay elections in Bohol.
Since the elections have been postponed, Brillantes said, candidates in Bohol should immediately
stop campaigning.
This is so everybody can concentrate in giving relief, Brillantes explained.
The Comelec chief went to Bohol over the weekend to assess the situation and decide whether to
postpone or push through with the elections.
One Vote Movement accredited
Meanwhile, the Comelec has accredited One Vote Movement as one of the citizens arms of the poll
body in the barangay polls, after it complied with all the requirements.
As a citizens arm, the One Vote Movement is mandated to assist the Comelec as well as the Parish
Pastoral Council for Responsible Voting (PPCRV) in voters information and education drives of
prisoners in detention, persons with disabilities and senior citizens.
The group will also coordinate with the PPCRV as an attached organization for poll watching
activities and carry out their functions as instructed by the commission.
In a resolution, the Comelec said One Vote Movement has a mass-based constituency that assists
the commission in the performance of its functions and activities in connection with the barangay
polls.
Poll violence
The Philippine National Police (PNP) reported yesterday that 15 persons were killed and 17 others
were wounded in 20 election-related violent incidents nationwide in the past 23 days since the
election period for the barangay polls started on Sept. 28.
In the 20 incidents from Sept. 28 to Oct. 21, 15 persons were killed and 17 wounded, said Senior
Superintendent Reuben Theodore Sindac, PNP Public Information Office (PIO) chief.
Of the fatalities, two were barangay captains, five were kagawads, a candidate, and seven civilians,
Sindac added. Those injured were four barangay chairmen, two kagawads, two town councilors, a
candidate, and eight civilians.
Sindac said Bicol and the Autonomous Region in Muslim Mindanao (ARMM) both recorded three
shooting incidents.
Police authorities are conducting follow-up operations and further investigation on the incidents.
Several bishops are planning to hold peace covenants among candidates in the barangay polls.
Peace covenant
Abra Bishop Leopoldo Jaucian said that they would arrange a peace covenant on Oct. 27 on the eve
of elections. They would also offer a mass for a peaceful election, to be followed by a procession.
Cabanatuan City Bishop Sofronio Bancud said it has become a tradition in their diocese to organize
peace pacts before election day.
43
We would gather (the candidates) and they would have a talk on good governance and community
building, Bancud said.
Bacolod City election officer Mavil Majarucon-Sia warned local candidates to avoid overspending
and other poll violations like putting up posters in wrong areas to avoid disqualification.
She reminded the candidates that they are allowed to spend only P5 for each registered voter.
With Evelyn Macairan, Cecille Suerte Felipe, Danny Dangcalan

Aquinos DAP lies
October 31, 2013 11:03 pm
http://www.manilatimes.net/aquinos-dap-lies/49479/
There is only one explanation for President Aquinos unexpected prime-time speech the other night
that just repeated the lies he has said over his Disbursement Acceleration Plan, a scheme through
which he hijacked government funds, and used at this whim.

Mr. Aquino has become desperate that the Supreme Court will be ruling his DAP as patently
unconstitutional before the year ends. Even his two appointees, Chief Justice Maria Lourdes Sereno
and former UP law school dean Mario Victor Leonen, our sources claim, are now thinking of their
post-Aquino reputations, and have given up trying to convince other justices to their benefactors
indefensible side.

Indeed, Aquino has become so distraught that he defied the law and junked civility that he called the
three opposition senators thieves. How blatantly can anybody violate sub-judice rules, especially
coming from the head of government? The thievery of pork barrel funds he alleged as having been
committed by Senators Juan Ponce Enrile, Jinggoy Estrada, and Ramon Revilla, Jr. is the subject of a
case his justice secretary has filed at the Ombudsman.

The reason why Aquino has become so desperate as to use gutter language is that a Supreme Court
decision against the DAP will be so devastating that it could even trigger Aquinos fall, and even hit
our economy severely.

Because of space constraints, Id have to discuss this possibility only next week, as we cannot let Mr.
Aquinos lies in his speech pass without comment, although we have pointed out these falsehoods in
previous columns. In bold are Aquinos claims in his speech, translated from Pilipino.

Lie 1: The DAP is legal according to the constitution and other laws.

False. Only Aquino, his now missing spokesperson Edwin Lacierda, and of course Budget Secretary
Florencio Abad who concocted the scheme, believe so. There is a consensus among constitutional
experts, including the very much respected Father Joaquin Bernas and Philippine Constitutional
Association, that the DAP very clearly violates the Constitution, as it disregards the authority of
Congress to determine how government money is spent.

Contrary to Aquinos pig-headed reasoning, the President can only realign funds, and only funds out
of savingsdefined as whats left over after a project is undertaken, and not when it is cancelled
arbitrarily by the budget secretaryand only within a department.
Aquino didnt realign funds but patently corralled government funds allotted for departments and
projects specified by the budget law, and ordered it used according to his whim. The most
44
scandalous instance of this was the P13 billion he converted into a pork-barrel bribe to secure
Congress support, especially for his plot to take out Chief Justice Corona.

Lie 2: Funds used for the DAP came from savings generated from stopping graft in government
contracts, from better budget spending, and from more efficient management of government
corporations.

False. Funds allocated by Congress General Appropriations Laws from 2011 to 2013 to
departments and programs were arbitrarily impounded, and spent for purposes Aquino and his
cronies in government preferred. For instance, the budget department refused to release P1 billion
in 2012 for the ongoing project for the Leyte international airport and put this amount in its DAP
kitty.

To create artificial savings, Budget Secretary Abad in late May 2012 issued a circular that all unused
budgets by June that year would be impounded to fund the DAP.

On the other hand, the savings the public works and highways department has been claiming have
been mostly the result of downsizing or suspending road and bridge contracts.

Profits of government corporations are not for the President to use as he wishes. These are by law
remitted to the Treasury to form part of the governments General Fund, the use of which is
determined by Congress through its annual appropriations laws.

Aquino even stupidly used as an example the 2012 profits of the water regulator MWSS. These
profits however have been questioned in Congress as paper profits arising from foreign exchange
rate re-computations, which that agencys board cleverly concocted to justify their huge profits.

Lie 3: Wasnt it the leadership I appointed at the Commission on Audit who went through the
documents with a fine tooth-comb that unearthed the abuses over PDAF?

This is one of the Aquino administrations biggest lies.

The COA special audit of the Priority Development Assistance Funds (PDAF) was ordered under
COA Office Order No. 2010-309 dated May 13, 2010. The agency at that time was headed by
Reynaldo Villar, whom past president Gloria Arroyo appointed but whom Aquino kicked out and
even accused of involvement in the plunder case involving PCSO funds.

The audit was undertaken by team headed by a career official Susan P. Garcia under the COAs
Special Audits Office, who signed and submitted the report to the budget secretary. The COA
chairman appointed by Aquino, Grace Pulido-Tan or even his favorite commissioner Heidi
Mendoza, had nothing to do with the report.
Tan didnt even sign her approval of the report. It was only after the Philippine Daily Inquirer ran a
series of exposes on the pork-barrel scam that Tan publicly released the COAs report, and even
provided the theatrics for it, as in her kahindik-hindik remark to the scam.

If Aquinos administration had any role in the audit, it was to impede it, with the report complaining:
The DBM could not provide the Team, despite repeated requests, with the complete schedule of
releases per legislator from PDAF for soft projects and VILP for hard projects.
45

The DBM submitted documents involving only senators who were not in Aquinos camp, mainly
Enrile, Estrada, Revilla, and Ferdinand Marcos, Jr., the last three of whom were not coincidentally
tipped to run for vice-president or even president in 2016.

Lie 4: The DAP helped in stimulating the economy. According to the World Bank, the DAP
contributed 1.3 percent to the GDP during the last quarter of 2011.

False. How could it when the DAP was set up only October 22, 2011, and most of funds hijacked
through it were released only in 2012 and 2013? Our GDP in 2011 was in fact a disappointing 3.9
percent, due to the Aquino governments bungling when it suspended infrastructure contracts
approved in the previous administration, on grounds that these were riddled with corruption.

Economic growth in the past three years was due certainly not to the DAP but mainly to the
multiplier effects of increasing overseas workers remittances, to a healthy macroeconomic base
created by past President Arroyos reforms, and to the global business communitys confidence over
the economy when it weathered the global financial crisis of 2008 to 2009.

What also contributed to the 6.3 percent growth in 2012 was the increase in government spending
for infrastructure. This was after sanity returned to the Aquino government to realize that its
suspension of such projects due to suspicion that these were tainted with corruption was
unwarranted and obviously counterproductive. The Aquino government simply restored the level of
public spending on infrastructure of the past decade, but which was recklessly and foolishly reduced
in 2011.

To illustrate, how could anybody claim that the following projects funded through the DAP
stimulated the economy?
P8.6 billion to the Autonomous Region in Muslim Mindanao, known to be a sinkhole of
corruption. Aquino himself complained in June 2012, that the DAP projects in the region were
moving so slowly or had not even started yet. The ARMM government had so much money that as
late as this year, its governor Hajiv Hataman was distributing checks for P10 million to the regions
provincial governors;

P1.8 billion to the Cordillera Peoples Liberation Army and the Moro National Liberation Front
ostensibly for the training in livelihood projects of their surrendering guerillas (a stimulus program in
the hinterlands?);

P2 billion for the Department of Social Welfare and Development for such projects as day-care
centers and its endless supplementary feeding projects; and, of course, the biggest allocation,

P13 billion or nine percent of the P142 billion DAP as additional pork barrel for members of
Congress in 2012, on top of their P24 billion PDAF, mostly used at best for building basketball
courts and providing scholarships to the law-makers constituencies to bolster their political bases.

I am not a thief, Aquino claimed in his speech. Lets however wait for the audit by the
Commission on Audit.

46
That statement reminds me of another president, so desperate that he would be removed from
office for covering up for a crime, that he also made a prime-time speech. That was Richard Nixon,
who infamously declared in 1973 also on television I am not a crook. Less than a year later, he
resigned, lest he be thrown to jail.

Aquinos creation of Disbursement Acceleration Program an impeachable offense constitution
expert
http://bulatlat.com/main/2013/10/03/aquinos-creation-of-disbursement-acceleration-program-an-
impeachable-offense-constitution-expert/


MANILA President Benigno Noynoy Aquino III reacted to being called the Pork Barrel King
this Wednesday October 2, as he defended the legality of his pork, including the latest disclosed
chunk of it called Disbursement Acceleration Program (DAP). This pork barrel fund was exposed
after Senator Jinggoy Estrada and later, Senator Miriam Defensor-Santiago and former Senator Joker
Arroyo, revealed the illegality of the said funds, which were allegedly used as incentive for
legislators who supported the impeachment of former chief justice Renato Corona in 2012. Aquino
dared the pork barrel critics to impeach him.

Aquino was branded by progressive groups such as the Kilusang Mayo Uno as Pork Barrel King
because his pork barrel fund amounting to P1.3 trillion ($30 billion) is the biggest pork barrel or
discretionary lump sum fund allocation. And now, to be added to this are funds under Aquinos
DAP. Created by his administration in 2011, the DAP is a spending mechanism that Budget
Secretary Florencio Abad said was meant to fast-track disbursements and push economic growth in
light of the global slowdown and the onslaught of recent calamities.

But Aquinos spending under DAP reportedly did not help create jobs, economist Ben Diokno
commented in a TV interview. In Congress, Kabataan Partylist Rep. Terry Ridon filed House
Resolution 359 this Wednesday urging the House Committee on Appropriation and the Committee
on Good Government and Public Accountability to investigate the Aquino administrations
Disbursement Acceleration Program (DAP).
Apart from being used as a tool to control Congress, the DAP may prove to even be illegal and
unconstitutional, Ridon said.

Over the past several days, Aquino has been accused, like his predecessor Gloria Macapagal-Arroyo,
of using his pork barrel DAP funds to allegedly bribe senators and congressmen to ensure his
political agenda. In 2011, Aquino allegedly used the P85.5 billion ($2 billion) DAP funds (at least
three times bigger than the corruption-ridden Priority Development Assistance Fund or PDAF) in
order to ensure the swift impeachment of then Supreme Court Chief Justice Renato Corona. Not
one of the congressmen who refused to sign the impeachment resolution received funds from the
DAP.
In 2012, the Aquino regime reportedly released P1.27 billion ($29.3 million) in extra pork barrel
funds under the DAP to the senate before and after the impeachment proceedings against Corona.
In the months during the impeachment hearings, at least P530 million ($12.2 million) was reportedly
disbursed to senators to allegedly influence the proceedings.
A few months after Coronas conviction by the senate, senators who voted to side with Malacaang
against Corona received P50 million ($1.2 million). Three senators who voted to acquit Corona did
47
not receive such fund disbursements. On the other hand, Aquinos key ally Sen. Franklin Drilon
received P100 million ($2.3 million) in DAP funds during the same period.

Unconstitutional fund use

According to House Resolution 359 that Ridon of Kabataan Partylist filed, The DAP is
unconstitutional as it violates Article VI Section 25(5) of the 1987 Constitution which states that,
No law shall be passed authorizing any transfer of appropriations; however, the President, . . . may,
by law, be authorized to augment any item in the general appropriations law for their respective
offices from savings in other items of their respective appropriations.

No law has been passed to authorize or legalize DAP and the funds released under the said
mechanism, thus clearly violating the above-cited constitutional provision, the resolution said. In a
TV news report the same day it was filed, Constitution expert and priest Joaquin Bernas said that
only items that are already existing in the budget can be augmented.

You cannot create new items, Bernas said. Aquinos DAP practically created new budget items. As
such, Bernas agreed that the presidents act seems to be an impeachable offense, But it is hard to
impeach him because he controls the Congress, Bernas said.

Kabataan Partylists resolution calling for a probe on DAP also said it is illegal. The President and
the DBM committed grave abuse of discretion when they identified programs and projects under
the DAP and released funds for such. The DAP and the projects under it are nowhere to be found
in the 2011 and 2012 General Appropriations Acts, thus by approving such, the Executive
Department undermined with impunity Congress power of the purse, the resolution further read.

Illegal, questionable disbursements

Not only are the projects funded under DAP questionable, There is also the issue of whether the
funds tapped for the DAP are indeed government savings, Ridon said in a statement. He said the
DBM is liberal at interpreting the term savings. The budget agency classified as savings some parts
of the national budget even before a particular fiscal year closes, Ridon said.

According to ACT Rep. Tinio, DAP is the smoking gun that illustrates how the President abuses the
power to impound and realign the budget for purposes not even authorized by Congress in the
GAA (Gen. Appropriations Act). He explained that DAP is nothing less than the President
arrogating unto himself the power of the purse. It shows how Presidential pork is generated at the
budget execution stage, by the President declaring savings in the middle of the fiscal year, so that he
can then realign the funds as he sees fit.

In a recent news release, DBM disclosed that the P482 million ($11.1 million) funds under DAP for
2011 came from unreleased appropriations for discontinued or slow-moving projects in 2011,
while P7.75 billion ($178 million) was realigned from 2011 budgetary items within agencies in favor
of fast-disbursing projects.

Kabataan Partylists call for probe on the DAP noted that When the DAP was first instituted in
October 2011, the fiscal year was far from over, meaning the approved appropriations under the
2011 GAA was still in effect and the realigning and discontinuation of funding for GAA-approved
48
programs and projects that occurred is illegal. It is thus clear that the Executive Department bluntly
violated the 2011 and 2012 GAA by implementing the DAP, HR 359 said.

The DAP can be considered as part of the Presidents vast presidential pork barrel, Ridon of
Kabataan Partylist concluded. Its creation and implementation, he said, vividly portrays the vast
discretionary powers of the President over public funds, as under the said mechanism, the President
can fund programs and projects even without congressional scrutiny and approval.

Since Aquino took power as president, it appeared that contrary to his claims of increasing
transparency and treading the righteous path, unlike his predecessor, he only introduced numerous
provisions in the General Appropriations Act that have further strengthened the Presidents power
to impound Congressional appropriations and realign funds at his discretion, as ACT Teachers Rep.
Antonio Tinio said in a separate statement.

Prior to the explosion in the public mind of the pork barrel scam, this is a little known fact, said
Tinio. He said they had been exposing these changes that strengthen presidential power over the
public purse during the budget debates and that they had been proposing amendments that would
reassert Congressional oversight over budget implementation. But Tinio said these amendments
were rejected by a compliant House.

In reaction to Aquinos seeming defense of his pork spending and his citing, while at it, the actions
of former administration of president Gloria MAcapagal-Arroyo, Bayan Muna Rep. Neri
Colmenares said Macapagal-Arroyos misuse of public funds is no justification for Aquinos own
misuse of presidential pork, the Malampaya fund and his other large lump sum discretionary funds
such as the Disbursement Acceleration Program (DAP).
At the height of numerous expos on corruption scandal and pork barrel usurpation for private gain
of the legislators, the DAP is another revelation that the Daang Matuwid is not just a myth but a
horror scheme hiding in a facade of clean governance, said Nardy Sabino, secretary general of
Promotion of Church Peoples Response.

What troubles us most is that the rampant corruption and patronage politics has been too
embedded that the promise of Aquino to do otherwise has never been translated into real terms.
Instead, his actions only aggravate corruption, deceit and robbery of peoples resources, Sabino said
in a statement.

DAPs alleged use in incentivizing legislators who voted for the impeachment of former Chief
Justice Corona an avowed political enemy of the Aquino administration illustrates how the
Executive Department can commandeer the legislative department easily using public funds,
Kabataan Party Rep. Ridon said.

The news is further fueling public anger. Since the Million People March against Pork Barrel in
Luneta last August, a broad array of groups had vowed to continue protesting against the pork barrel
and corruption. Benjie Valbuena, president of ACT, expressed in Filipino how the news over DAP
make them seethe more in fury, from the P10-billion ($230 million) Napoles pork scam and now
the massive cases of bribery through DAP.

Far from doing as he promised on the campaign trail, Aquino is doing an Arroyo, critics said.
Former President Gloria Arroyo was notoriously abusing reenacted budgets to give the Executive
49
control over huge chunks of the budget. President Aquino has been grossly abusing the Presidential
powers of impoundment and realignment to do the same. In both cases, the objective is to enable
the President to dispense political patronage, Act Rep. Tinio said. Lawmakers from the progressive
Makabayan bloc asserted that with the DAP controversy, the arguments for abolishing all
Presidential pork have only become stronger.



After a 27-year litigation to prove the properties were ill-gotten, the government has forfeited P120
million worth of properties of the late National Bureau of Investigation (NBI) director Jolly Bugarin.
http://newsinfo.inquirer.net/552209/ph-govt-forfeits-p120m-in-properties-of-ex-nbi-chief-jolly-
bugarin#ixzz2oU6Np8ZO

MANILA, Philippines After a 27-year litigation to prove the properties were ill-gotten,
the government has forfeited P120 million worth of properties of the late National Bureau
of Investigation (NBI) director Jolly Bugarin.

The Presidential Commission on Good Government (PCGG) reported that a writ of
execution was issued in favor of the government last June, 11 years since the government
won the forfeiture case before the Supreme Court.

The forfeited properties included house and lots in North Greenhills and Valle Verde
Subdivisions and club shares in Manila Polo Club and Makati Sports Club.

Estimated to be worth P6.3 million when the government initiated the case in 1986, the
forfeited properties are now worth at least P120 million, according to the PCGG.

Though it has taken more than 25 years of protracted litigation coupled with legal
maneuverings and a slew of dilatory tactics, the forfeiture case against NBI director Jolly
Bugarin proved the governments resolute desire to recover ill-gotten wealth, the PCGG
said.

The Bugarin case stands to serve as a concrete template in future asset forfeiture cases as it
may very well be considered the first complete womb to tomb case relating to asset
forfeiture in the in the country, it added.

Formed by the first Aquino administration in 1986 to go after ill-gotten assets of the
Marcoses and their cronies, the PCGG said the properties were illegally acquired by Bugarin
from 1968-1980 since they were in excess of his government compensation.

In 2002, the Supreme Court reversed a 1991 decision of the Sandiganbayan and ordered the
anti-graft court to determine which properties must be confiscated.

The high court was not convinced by Bugarins defense, and ruled that the former NBI
director could not have acquired P2.1 million worth of properties because his lawful income
as NBI director from 1967 to 1980 was just P766,548.

50
The Supreme Court said Bugarin amassed wealth amounting to P2.1 million between 1968
and 1980.

When the Aquino government assumed office in 1986, the PCGG estimated the late NBI
directors real and personal properties to be worth P6.3 million.

In his defense, Bugarin said he and his wife acquired the questioned properties before he
became NBI director. He also declared as part of his income allowances from the Dangerous
Drugs Board, the National Police Commission, the Central Bank and the law firm of San
Juan Africa Gonzales and San Agustin.

Conflicting Claims on China Sea Map. Phil vs China on Spratly Islands
http://politicaljunkie.blogspot.com

Nice to see the USA acting tough vs China on Senkaku, but China knows USA goes out of
it's way to avoid China. On the contested area of Scarboroagh Shoal, here's what the USA
quietly told the Philippine government.
If you even have half an understanding of what is going on with China vs Philippines on
Spratlys and Scarborough, you'd find out the current US president is no reagan or thatcher.
U.S to PH: stop anti-China rhetorics
Many , including high-ranking Philippine officials, like to think that increased presence of
American military in the Philippines, which is a subject of talks between the two countries
starting today, is a commitment by the Americans to defend the Philippines in case of an
armed conflict in the West Philippine Sea, where a number of islands are being claimed
wholly or partly by the Philippines, Brunei, China,Malaysia, Taiwan and Vietnam.
Those who have taken these view will be disappointed because the U.S has taken a neutral
position in the conflicting claims in the South China Sea (part of it is referred to as West
Philippine Sea) and has always been consistent in urging for a peaceful resolution of the
conflicting claims.
The Obama administration has decided to rebalance its military forces from Middle East to
Asia, in what is seen by analysts as a move to contain Chinas hegemony in the region.
Primarily, the U.S. wants to ensure that the sealanes are open and unhampered for
international navigation.
But as former UN Representative Lauro Baja, Jr. observed, the Americans do not want to
vulgarize this objective.
In increasing its presence in Asia, the United States does not want to play referee to
countries fighting over islands, rocks and shoals. They want a stable region. They dont
want to prejudice their strategic relations with China, which is more important than claims
over rocks and shoals, Baja said.
In preparation for the implementation of their Pivot to Asia policy, senior American officials
have been coming here the past months and assessing the situation. One thing that they
were concerned about is the tension between the Philippines and China over the disputed
islands especially Bajo de Masinloc otherwise known as Scarborough Shoal or Panatag shoal
and lately the Ayungin shoal.
The Philippines has filed a suit with the UN Arbitral Court questioning Chinas nine dash-
line, which encompasses the whole South China Sea including several countries territories.
A source said some of the analysts interviewed by American officials said that the Shame
China strategy of the Department of Foreign Affairs under Foreign Secretary Albert del
51
Rosario has contributed largely to the deteriorating relations between the Philippines and
China.
Del Rosario has, several times accused China of duplicity and intimidation. Malacaang
spokesperson Edwin Lacierda has also made sure that he is not behind in China-bashing.
A US Marine Corps helicopter and Navy LCAC vehicle approach USS Essex during
Balikatan 2009
A US Marine Corps helicopter and Navy LCAC vehicle approach USS Essex during
Balikatan 2009. From Exercise Balikatan Facebook.
In the 2010 and 2011 State-of-the Nation address by President Aquino, he had strong words
against China.


In his 2011 SONA, Aquino, declared: There was a time when we couldnt appropriately
respond to threats in our own backyard. Now, our message to the world is clear: What is
ours is ours; setting foot on Recto Bank is no different from setting foot on Recto Avenue.
He was referring to the disputed Recto or Reed Bank near Palawan.
In his 2012 SONA, he talked lengthily about the situation in Bajo de Masinloc. He said, We
demonstrated utmost forbearance in dealing with this issue. As a sign of our goodwill, we
replaced our navy cutter with a civilian boat as soon as we could. We chose not to respond
to their medias harangues. I do not think it excessive to ask that our rights be respected, just
as we respect their rights as a fellow nation in a world we need to share.
There are those who say that we should let Bajo de Masinloc go; we should avoid the
trouble. But if someone entered your yard and told you he owned it, would you agree?
Would it be right to give away that which is rightfully ours?
Aquino can be stubborn. But he listens to America. Last year,a month after he withdrew all
the ships from Bajo de Masinloc, he, supported by the majority of the members of his
cabinet, decided to send back the ships to the area which was by then already controlled by
the Chinese. Upon learning of Malacaangs decision, the U.S. relayed the advice through
defense officials that it would not be wise to send back the ships to Bajo de Masinloc. The
ships were not sent back.
Our source said, two weeks before the Presidents State of the Nation address, U.S. officials
advised the DFA and Malacanang to tone down their anti-China rhetorics to reduce tension
in the region. That explains why in last months SONA there was no mention, not a word,
about conflict with China.
Last Aug. 2, Del Rosario, who never let any media opportunity to censure China pass, told
members of the foreign correspondents association in the country, that he was not keen on
guesting in their forum on the South China Sea because he was looking for a modus
vivendi with China.
China should thank Uncle Sam.




Philippines, Muslim rebels sign power sharing accord
AFPSunday, Dec 08, 2013
- See more at: http://news.asiaone.com/news/asia/philippines-muslim-rebels-sign-
%E2%80%98power-sharing%E2%80%99-accord#sthash.WQsKMDqG.dpuf
52
MANILA - The Philippine government and Muslim rebels on
Sunday signed a crucial power sharing accord, paving the way for a final peace
agreement aimed at ending a decades-long insurgency that has killed tens of
thousands.
The power sharing annex had been considered as one of the most contentious
with Moro Islamic Liberation Front (MILF) rebels seeking greater authority over
a proposed autonomous region in the south which will cover Muslim-dominated
regions of this mainly-Catholic archipelago of 100 million.
A joint statement said negotiators from the government and MILF had signed
"the agreement on the delineation and sharing of power between the central
government and the Bangsamoro (Filipino Muslim) government" in Kuala Lumpur on
Sunday.


The terms of the completed power sharing agreement were not immediately
known. The statement added that both parties were now "confident" that they
could soon sign the last remaining annex on normalisation and complete the
"comprehensive peace agreement" by January 2014.
"The signing of the Annex on Power Sharing ensures the achievement of a
genuine and viable autonomy for the Bangsamoro," Teresita Deles, the head of
the government peace panel, said.
"It has been a very difficult round but we were able to overcome a lot of
obstacles."
President Benigno Aquino congratulated both parties on the annex, his
spokesman Herminio Coloma said.
The two sides in October last year had signed an initial pact on ending the
conflict that has claimed an estimated 150,000 lives, in preparation for a
final agreement.
Under the plan, the 12,000-strong MILF would give up its quest for an
independent homeland in the southern island of Mindanao in return for
significant power and wealth-sharing in a new autonomous region there.
The newly-signed power sharing annex had been one of four preliminary
accords that had to be completed before a final peace deal could be signed.
Two other annexes on transitional arrangements and sharing of revenues had
already been signed earlier this year while a fourth annex, on normalisation,
including the possible disarming of MILF guerrillas, is still being discussed.
The normalisation annex may also prove difficult as the rebels will likely
be reluctant to lay down their arms.
Even after the treaty is signed, the Philippine parliament would still need
to pass a "basic law" for the Muslim self-rule area, and people in the planned
autonomous region would need to ratify it via a regional plebiscite.
However President Aquino in October had expressed confidence that the
insurgency could be settled before he steps down in 2016.
Completing the agreement during Aquino's term is considered vital as he is
limited to only one term and there is no guarantee his successor would have the
political strength or enthusiasm to push ahead with the peace process.
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Muslim rebels have been fighting since the 1970s for an autonomous or
independent homeland in the southern Philippines in a conflict that has left
the resource-rich region mired in poverty and instability.

China pulls out of UN process over territorial dispute with Philippines
Friday 6 December 2013
http://www.theguardian.com/world/2013/dec/06/china-territorial-dispute-philippines
China is taking the highly unusual step of refusing to participate in a United Nations arbitration
process over a territorial conflict with the Philippines, one of five countries challenging Beijings
claims of ownership over the oil-rich South China Sea.
The legal dispute underscores the tough geopolitical approach China is adopting in the Pacific
region. It has adopted an aggressive approach toward neighbours over a 2,000-mile stretch that also
includes the East China Sea, over which it recently declared the air defence identification zone that
has inflamed tensions with Japan and South Korea.
China sent its only aircraft carrier to the disputed waters off the coast of the Philippines for the first
time last week, in a move Manila said raised tensions. Chinas military said the carrier Liaoning will
conduct drills in the area, accompanied by two destroyers and two frigates.
Dealing with the fallout over Chinas territorial claims has become the dominant issue for the US
vice-president, Joe Biden, who is currently touring the Asia Pacific region.
Biden arrived in South Korea on Thursday after high-level bilateral meetings in China and Japan that
were dominated by the issue of the air defence zone.
The Philippines will submit its formal case to the UN arbitration tribunal of judges, which has
agreed to hear the case at The Hague, in March. A preview of their arguments were outlined this
week in Washington by Paul Reichler, an expert attorney at Foley Hoag LLP hired by Manila to
handle the case.
He said Chinas blank refusal to participate in the tribunal process, a move it revealed to the
Philippines by way of diplomatic letter in February, marked the first time a state had ever refused to
take part in an inter-state arbitration under the 1982 UN Convention on the Law of the Sea.
Under the convention, the panel of senior international judges is still required to issue a ruling in the
case, despite Chinas non-cooperation, although Reichler conceded there were no way of enforcing
any ruling.
But he added: There is a price to be paid for branding yourself an international outlaw a state that
does not comply with the rules. China declined an opportunity to comment on the case.
The dispute concerns Chinas declaration of the so-called nine-dash line, which claims jurisdiction
over nearly all of the mineral-rich South China Sea, overlapping with large segments of territory
claimed by the Philippines as well as of Vietnam, Malaysia, Brunei and Taiwan.
In parts, Chinas declared jurisdiction, which enables it to exploit lucrative fishing waters and
potential oil and gas reserves, stretch more than 800 miles from its mainland coast. It also comes to
within 30 miles of the coast of the Philippines.
Under the convention, states have a right to an exclusive economic zone and continental shelf
within 200 miles of their coast. Disputes over the South China Sea are not unlike those over the
Japanese-administered Senkaku islands referred to as the Diaoyu islands in China which are
dominating Bidens visits to Japan, China and South Korea this week.
Although the ad-hoc tribunal formed to deal with the case cannot rule on the sovereignty of the
islands claimed by both China and the Philippines, it can provide rulings about the nature of rock
formations, with implications for any territorial claims under the convention. Some of the disputed
territories are barely visible at high tide, while others are fully submerged even at low tide.
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In a bid to strengthen its claims, China has constructed concrete installations on some underwater
formations, complete with basketballs and helipads. A state cannot transform an underwater
feature into an island by building on top of it, Reichler said at a seminar organised by the Center for
Strategic and International Studies.
In simple terms, the judges will in part be asked to determine when a rock can be defined as an
island. If a rock protruding from the sea cannot sustain human life or economic activity, for example,
the associated rights in surrounding waters are, under the convention, dramatically reduced,
regardless of which state claims ownership.
Reichler also showed one slideshow of an island that, at high-tide, consisted of rocks that only just
protruded out of the water. It is barely big enough to support the Filipino flag, he said.