14 POLITICAL Aquilino Pimentel III declared winner 4 years after the elections Mr. Aquilino Pimentel III was declared the winner of a contested Senate seat on Aug. 11, more than 4 years after the elections. T he Senate Electoral Tribunal also annulled the previous proclamation of Mr. Juan Miguel Zubiri, who resigned amid allegations that he benefitted from poll fraud during the May 2007 senatorial elections. The tribunal revised the Comelec national canvass in 2007 to 10,898,786 votes for Mr. Pimentel and 10,640,620 for Mr. Zubiri, with 88,561 votes deducted from Mr. Pimentel’s 10,987,347 originally tallied votes and the 365,246 votes subtracted from Mr. Zubiri’s 11,005,866 originally tallied votes. The Tribunal’s secretary general, Ms. Irene Guevarra, said the panel examined 384,680 ballots and rejected 254,222 spurious ones that were equivalent to 60% of the total votes cast from 7 provinces in the Autonomous Region in Muslim Mindanao that Mr. Pimentel had contested. Mr. Zubiri withdrew his counter-protest after resigning from the Senate on Aug. 4, paving the way for the speedy resolution of Mr. Pimentel’s electoral protest before the tribunal. The tribunal declared Mr. Zubiri’s counter-protest withdrawn and terminated with all other pending motions declared moot and academic. The resigned lawmaker denied cheating to win his seat and stressed that he was stepping down to defend his family’s honor, integrity, and dignity. It would be unfair to the public if he continued doing his work at the Senate while he was distracted by the recent allegations of poll fraud, Mr. Zubiri said. Those charges resurfaced when Mr. Zaldy Ampatuan, the suspended governor of the Autonomous Region in Muslim Mindanao, told a TV interview that then President Gloria Arroyo had ordered the 2007 election results in Maguindanao rigged in Mr. Zubiri’s favor. Shortly afterward, former election supervisor Lintang Bedol also surfaced to corroborate Mr. Ampatuan’s allegations. Four years is longer than the terms of congressmen and elective local government officials. Those years lost are irretrievable for Mr. Pimentel. But with just 2 years left to serve, he is still luckier than his father and namesake, who was declared a victim Philippine Alert of vote shaving and padding after the term he had won, but never sat, was over. Mr. Zubiri resigned from the Senate last week as a probe got underway into reports of fraud in the 2004 and 2007 elections. He has promised to cooperate in the probe. Alongside the investigation, the electoral tribunals must finetune their rules to speed up the resolution of electoral protests for example, only votes in contested areas have to be recounted. Laws have been amended to impose harsh punishment on those who engage in electoral fraud. But the slow resolution of poll disputes is also a way of depriving a candidate of victory. It is an injustice that the electoral tribunal must not perpetuate. The system of settling disputes is not impossible to change. The reforms could be put in place before the midterm elections in 2013. Two years should be more than enough time to adopt new rules, but it’s doubtful it will be. August 2011 POLITICAL Speaker Belmonte says no pressure on Rep. Ignacio Arroyo to attend Senate hearing Tourism chief, saying he’s tired of traveling, resigns Speaker Feliciano Belmonte Jr. said on Aug. 17 it was up to Negros Occidental Rep. Ignacio Arroyo whether or not he would honor a Senate invitation to testify on the Philippine National Police’s acquisition of 2 helicopters used by his brother, former First Gentleman Jose Miguel Arroyo. The latter is accused of selling to the police the 2 used helicopters that he had passed off as new. Tourism Secretary Alberto Lim said Friday he has resigned effective Aug. 31 and President Aquino accepted it. Mr. Belmonte said there was no pressure on Mr. Ignacio Arroyo to attend the Senate inquiry. “He was just invited,” he said. “It is up to him to accept or not.” The Senate invitation came after the congressman issued a statement, ostensibly from London, saying he was the president of LTA Inc., which had leased the helicopters from the supplier Lionair. Lionair owner Archibald Po had earlier testified that the 2 Raven helicopters were acquired from his dealership for use in the 2004 elections by Jose Miguel using a blank deed of sale. Jose Miguel’s wife, then President Gloria Arroyo, was running for reelection that year. The former First Gentleman denied the allegations against him and slammed government officials for accusing him of fleeing while a Senate investigation of the supposed illegal sale loomed. He purportedly went to Hong Kong for a medical check up (Why he’d need to go to Hong Kong instead of seeking treament in the Philippines was not explained). “So many inflammatory and irresponsible comments have been made by senators and government officials, to include the Secretary of Justice, in an effort to paint me as a fugitive on the run,” Jose Miguel said. Justice Secretary Leila de Lima had placed him on Immigration’s watch list following the Senate’s hearing of the case. She also said there was no record of Mr. Arroyo leaving the country for Hong Kong on July 31. However, she later apologized after an Immigration official confirmed that, indeed, he had flown to that city on a Cathay Pacific flight. Recent Senate investigations have focused on anomalous deals during the previous administration. Apart from resulting in legislation, these inquiries, combined with the filing of appropriate charges in court, should pave the way for dispelling perceptions that in the Philippines, the wealthy and powerful can get away with anything—if they proceed successfully. At the very least, wealthy and powerful crooks should get the message that they may get away with anything, but only until a new administration takes over. As gleaned since the start of probes on the anomalous purchase of helicopters by the police, Mr. Po alleges that the former First Gentleman was the one principally responsible for the deal that was clinched just a few months before his wife stepped down. The PNP paid P105 million for the helicopters, for which Mr. Po and another businessman, Mr. Hilario de Vera, reportedly received P3.5 million each as commission. All those who have been accused of wrongdoing in Senate inquiries should be formally charged and have their day in court. Some of them might see their names cleared, while others may be convicted, considering the documents and witnesses so far presented against them. The Senate investigation and court cases should lead to convictions, but could by stymied by an ineffective court system. Philippine Alert “My reason for resigning is personal. I would like to spend more time with my family”, he said in a press conference in Malacañang, adding his position required a great deal of traveling. Mr. Lim’s resignation followed that of Mr. Jose de Jesus, who quit as Transportation and Communications secretary in June. Mr. Lim maintained that he had offered to resign and was not asked to resign, contrary to speculation he was one of the Cabinet officials earlier described by Mr. Aquino as “bearers of bad news.” Mr. Lim, a former executive director of the pro-Aquino Makati Business Club, said his talks with the President about his leaving the job “started late last month. He had his highs and lows as Tourism chief. Mr. Lim launched the Pilipinas Kay Ganda (Philippines, How Beautiful) slogan and logo, which eventually was shelved after it became public that the logo was suspiciously similar to that of Poland’s, and the slogan was not in English. He also had to deal with the aftermath of the August 2010 hostage-taking in Luneta, where 8 Hong Kong tourists were killed. But it was also during Mr. Lim’s term that international visitor arrivals reached the “unprecedented” level of 3.7 million between July 2010 and July 2011. Mr. Lim has been replaced by marketing czar Mr. Ramon Jimenez Jr., chief executive of Woo Consultants Inc. and former chief executive of Jimenez Basic Advertising agency. There is speculation that intrigue led to Mr. Lim’s departure from government. Whatever the reason for the resignation, Pres. Aquino should give the tourism sector more attention as an engine of economic growth. As indicated even in the national tourism development plan that Mr. Lim submitted to Mr. Aquino last month, a successful tourism program will need the cooperation of many agencies, most of which are outside the jurisdiction of the Tourism secretary. Mr. Lim submitted the tourism master plan amid speculation reports that he was 1 of 3 Cabinet members who gave the President a headache. When the list was pruned down to 1, the speculation focused on him. Mr. Lim’s master plan proposes a “clustering” approach to tourism development, with pilot cluster areas around the country to each adopt a distinctive theme. The plan aims to increase tourist arrivals from 3.7 million in the past 12 months to about 6 million by the time Pres. Aquino’s term ends in 2016. The plan also calls for the development of tourism infrastructure including airports and ports, as well as better law enforcement to keep travelers safe from the moment they set foot on a Philippine airport. Infrastructure improvement will benefit not only the tourism sector but also other economic activities. Pres. Aquino must make it clear to his Cabinet members that he is giving priority to tourism development because of its vast potential for revenue generation and job creation, particularly in the countryside. August 2011 15 16 POLITICAL Pres. Aquino flies to Tokyo to meet MILF leadership President Aquino met with the leader of the Moro Islamic Liberation Front (MILF) in Tokyo on Aug. 4 and agreed to “fast-track” the peace negotiations and forge an agreement with the rebels before his term ends in 2016. It’s unlikely he’ll succeed. Pres. Aquino and Mr. Al Haj Murad Ibrahim had a “frank and candid exchange” for 2 hours at a hotel near the Narita airport, chief government negotiator Marvic Leonen said in a statement. It was the first time a Philippine President met an MILF leader, and it was Mr. Aquino who sought the meeting, Mr. Leonen said. The President was accompanied by Mr. Leonen, Presidential Peace Adviser Teresita Deles, Defense Secretary Voltaire Gazmin, National Security Adviser Cesar Garcia, Budget Secretary Florencio Abad, Finance Secretary Cesar Purisima, and Presidential Spokesman Edwin Lacierda. Mr. Murad was joined by some members of the MILF Central Committee, the rebel group’s negotiating panel, and some base commanders. The MILF is no longer considered a separatist group since in the proposed comprehensive agreement, the Muslim group wants to be considered as Filipino citizens subject to a central government with recognition of their Bangsamoro identity. In related developments, a member of the government’s negotiating panel with the Moro Islamic Liberation Front admitted that the Foreign Affairs department and Malaysia were kept in the dark about the secret meeting between Mr. Aquino and Mr. Murad in Tokyo. Panel member Miriam Coronel Ferrer said the Foreign Affairs department and Malaysia, the party brokering the peace talks between the 2 sides, were left out of preparations for the clandestine 2-hour meeting in Narita because “it was neither a state visit nor a negotiation.” Even before the Aquino administration has inked a preliminary peace agreement with the MILF, government forces are already confronting a new separatist threat: the Bangsamoro Islamic Freedom Fighters (BIFF). The BIFF is led by Mr. Ameril Umbra Kato, who headed the MILF unit that staged deadly raids on villages in Cotabato and Maguindanao after the group failed to sign the memorandum of agreement on ancestral domain with the Arroyo administration 3 years ago. Since then, Mr. Kato has refused to subject himself to disciplinary action by the MILF leadership. Last year, he formed the BIFF and staged attacks on government and civilian targets, raising the prospect of prolonged violence even if the government manages to forge a peace agreement with the MILF. During the separatist rebellion waged by the Moro National Liberation Front, disgruntled members broke away and formed the MILF. The MNLF forged a peace agreement with the Marcos administration in Tripoli, and then had to renegotiate the terms after the collapse of the dictatorship. But even after a formal agreement was signed by the MNLF with the administration of Fidel Ramos in 1996, the MILF stayed away, gathering strength and collaborating with extremists belonging to the Abu Sayyaf and Southeast Asian terror cell Jemaah Islamiyah. Today, it looks like it’s the turn of the MILF to see its group break up. It increasingly appears that even if the government is able to forge a peace agreement with the MILF, this will be ineffective as the MILF clearly has lost control of its members. MILF infighting, like its rift with the MNLF, shows the limitations of a peace agreement in bringing actual peace and development to a conflict zone. Mr. Aquino’s meeting with Mr. Murad may have even prodded Mr. Kato to become even more belligerent and obstinate, in the hope perhaps of gaining concessions from the government. While pursuing peace with the MILF, the Aquino administration should intensify its development efforts in the conflict areas of Mindanao, improving basic services, enforcing the law and keeping the public safe, delivering good governance and providing social justice. As history has shown, when these elements are present, insurgencies become irrelevant. But such gain won’t be put in peace in a short 5 years. Troops hunt Abu Sayyaf bandits despite Ramadan The military will continue to hunt for the Abu Sayyaf militants who recently killed 7 Marines, but they will take care not to disrupt the observance of the Muslim holy month of Ramadan, officials say. Regional military commander Lt. Gen. Raymundo Ferrer said troops will focus their manhunt and assaults on militants away from Muslim communities. The Marines were killed July 28 in a clash in Sulu. Two were beheaded, while another 26 were wounded. President Aquino has ordered troops to ensure the al-Qaeda-linked militants are brought to justice. Meanwhile, an Army junior officer and 3 enlisted men have been placed under technical arrest for their alleged involvement in the torture of a suspected Abu Sayyaf member in Basilan. Presidential spokesman Ramon Carandang said Pres. Aquino would not spare government troops from possible sanctions if they were proven guilty of torturing the suspected member of the Abu Sayyaf group. In related news, the kidnappers of an American woman, her son and Filipino nephew in Zamboanga City have telephoned their family demanding a ransom, officials said. At least 14 gunmen seized Philippine-born US citizen Gerfa Yeatts Lunsmann, her 14year-old son and 19-year-old nephew on July19 from a relative’s house they were visiting in a village near Zamboanga City. They were taken away at gunpoint on board a motor boat, officials said. Kidnappings have long been a problem in Mindanao and are blamed mostly on the al-Qaeda-linked Abu Sayyaf, a group also notorious for beheadings and bombings. U.S.-backed offensives MILF infighting, like its rift with the MNLF, shows the limitations of a peace agreement in bringing actual peace and development to a conflict zone. Philippine Alert August 2011 POLITICAL have weakened the group, which is blacklisted by Washington as a terrorist organization, but it remains a key security threat. Every time the Abu Sayyaf is written off as a spent force, it manages to stage a dramatic, bloody comeback. In the latest massacre involving the Marines, the latter were reportedly closing in on Abu Sayyaf commanders Radulan Sahiron and Isnilon Hapilon. But the terrorists fought back, killing the Marines in the ensuing firefight. The brutality is reminiscent of an ambush in Basilan in July 2007, when the Abu Sayyaf also beheaded 10 Marines who were ambushed while searching for kidnapped Italian priest Giancarlo Bossi. The Abu Sayyaf has been sowing terror in Sulu, Basilan and neighboring provinces for nearly 2 decades. Most of its founding members have been killed, with several of them flushed out of the jungles of Basilan when U.S. troops returned to the country and assisted the Armed Forces of the Philippines in Mindanao. Those victories should have been consolidated and combined with development efforts to deprive the bandits of sanctuary and public support, with local governments playing a key role in the effort. The resurgence of the group in Basilan, reportedly with the assistance of the Moro Islamic Liberation Front, and the latest attack in Sulu indicate that more must be done in consolidating those gains. The military solution needs to be backed by sufficient non-military initiatives to end banditry and insurgency. Philippine government is making sure a similar incident does not happen again. “It is now one year and the Philippine government, for the past year, has exerted utmost efforts to make sure that such tragic isolated incident does not happen again... We have been continuing to work on improving the safety of our foreign tourists and also the competency of the Philippine National Police in responding to crisis situations such as that unfortunate incident.” After the Manila police Special Weapons and Tactics (SWAT) team became a global laughingstock for its grossly bungled response to the hostage crisis in Rizal Park, a fact-finding body was formed, which did a thorough job and submitted recommendations to President Aquino, many of which were unfortunately ignored by the president. Criminal charges were filed against the brother of the hostage-taker. The Manila police chief lost his post and the SWAT team was grounded. The deputy ombudsman accused by the hostage-taker of extorting from him has been fired. The Metro Manila police commander at the time, Leocadio Santiago, was promoted. Now operations chief of the Philippine National Police (PNP), he says the police still lacks equipment to respond to a hostage crisis similar to the one that claimed the lives of 8 Hong Kong tourists and the hostage taker in Rizal Park a year ago today. The public is still waiting for the creation of a team with the capability to deal effectively with such crises. It also remains to be seen whether the PNP has learned better crowd control, including handling of mass media, or if it has better hostage negotiators. Sec. De Lima meets with HK hostage survivor, victim’s kin Gov. Mangudadatu survives car bomb attack Justice Secretary Leila De Lima met with a survivor of the August 23, 2010 Manila hostage-taking and relatives of 1 of the 8 slain Hong Kong tourists, who flew to Manila for the 1st anniversary of the tragedy. One person was killed and 7 others were injured when a car bomb went off at 3:30 p.m. on Aug. 15 near the convoy of Maguindanao Gov. Esmael Mangudadatu, which was on its way to Tacurong City in Sultan Kudarat. Eight Chinese tourists died on Aug. 23, 2010, when a sacked policeman took over their tourist bus and later opened fire on those on board after failing to get the authorities to reinstate him. The attempt by police to rescue the hostages was widely criticized as inept(which it was). Survivor Lee Ying Chuen, along with Lee Mei Chun, mother of Hong Kong tour guide Masa Tse Ting-chun, Ms. Masa’s brothers Tse Chi Hang and Tse Chi Kin, Ms. Masa’s aunt Sin Cheng Lee, Hong Kong legislator James To, and lawyer Jonathan Man, met with Ms. de Lima, in an effort to follow through on cases the Philippine government promised to pursue against those held accountable for the botched hostage rescue. During her opening statement, Ms. de Lima said: “It is with deep sadness that we commemorate tomorrow, exactly August 23, that very tragic and unfortunate incident which, I’m sure, had caused so much pain and trauma on the part of the victims and the survivors and also caused embarrassment on the part of the country and elicited a lot of criticisms.” She also stressed that the The governor, believed to be the target of the attack, was not hurt, Senior Supt. Danilo Peralta said. Mr. Mangudadatu, who was in a bullet-resistant van, said he and his followers were heading to a restaurant along a national highway to celebrate his birthday when a parked white Kia Pride car exploded near the 7-vehicle convoy. The lone fatality was a tricycle driver, police spokesman Chief Supt. Agrimero Cruz Jr. said. In November 2009, Mangudadatu lost his wife and sister when they and 56 others were abducted and gunned down in the country’s single worst case of political violence. Thirty-four of those killed were journalists following the Mangudadatu convoy. Police and state prosecutors have linked the massacre to the Ampatuan clan whose patriarch, former Maguindanao governor Andal Ampatuan Sr, and sons are standing trial for the killings before a Quezon City court. The clan’s members have denied taking part in the massacre. It also remains to be seen whether the PNP has learned better crowd control, including handling of mass media, or if it has better hostage negotiators. Philippine Alert August 2011 17 18 POLITICAL In related developments, the Court of Appeals has affirmed with finality its decision indicting former governor Andal Ampatuan Sr. for 57 counts of murder in connection with the November 2009 massacre in Maguindanao. The court in a resolution penned by Associated Justice Noel Tijam denied Mr. Ampatuan’s petition to void the appellate court’s January 31, 2011 decision to turn down his claim that he never had a hand in the Maguindanao massacre. His son and namesake is also among the principal accused in the massacre. The appellate court stressed that the arguments raised by Mr. Ampatuan in his motion for reconsideration were a mere rehash of the issues and arguments he raised in his main petition as well as his supplemental petition. The appellate court junked Mr. Ampatuan’s petition because the prosecution was able to establish existence of probable cause that warrants his inclusion as one of the accused in the Maguindanao massacre case. It’s good to hear America’s top diplomat promising that her government is prepared to supply the Philippines with the military hardware it needs for self-defense. But it would be even better if the Philippines could be capable of credible self-defense, without needing to rely constantly on Washington. Beijing’s response to the U.S. position, as voiced by Sec. Clinton, was immediate: China has no plans of invading the Philippines or any other country, according to a think tank controlled by the Chinese government. Washington and several of its allies have made it clear that they want continued freedom of navigation in the South China Sea and a peaceful resolution to long-running territorial disputes in the region. While the area in dispute is just a small spot on the map, governments outside the region are also watching the developments for indications of China’s behavior amid its increasing economic and military clout. China is looking out for its own interests, and the Philippines should do the same, without being overly dependent on other countries. Military buildup begins; lawmakers visit Spratlys The Philippines will acquire 8 new utility helicopters worth P3.2 billion that may be used to transport troops anywhere, including the areas being claimed by the Philippines in the Spratlys, according to Brig. Gen. Roy Deveraturda, head of the Armed Forces Modernization Program office. Aside from this, the Philippine Navy has taken receipt of the Gregorio del Pilar, it’s biggest warship. Malacañang said the 3,000-ton ship, a decommissioned Coast Guard vessel, will patrol the West Philippine Sea close to the disputed Spratly Islands. A group of Filipino lawmakers later flew to a Philippine-occupied island in the disputed South China Sea to assert the country’s claim to the potentially oil-rich region. Chinese Ambassador to Manila Liu Jianchao protested the visit. Presidential spokesman Edwin Lacierda, however, insisted there was nothing wrong with the visit because the lawmarkers had visited Philippine territory. The U.S. has publicly expressed concern to China about the rising tension in the South China Sea. China, on the other hand, has warned the U.S. not to get involved in the territorial disputes in the area. Recent Chinese moves to stop Vietnam and the Philippines from exploring for oil and gas in disputed waters have drawn criticism from U.S. congressional representatives. Secretary of State Hillary Clinton later reaffirmed the U.S. commitment to defend the Philippines, a treaty ally, and help upgrade its moribund Armed Forces, during a meeting with Sec. Albert del Rosario in Washington. Philippine Alert August 2011