FOR WHOM SHOULD THE TOLL? Photo: saludybenedicto.wordpress.com

FOR WHOM SHOULD THE TOLL?

he Commission on Filipinos Overseas fully supports the Philippine government’s appeal Tto the United States of America for the return of the Balangiga Bells. During his July 24, 2017 State of the Nation Address, President asked the US government “Give us back those Balangiga Bells. They are ours. They belong to the . They are part of our national heritage. Those bells are reminders of the gallantry and heroism of our forebears who resisted the American colonizers and sacrificed their lives in the process.”

The Philippines has been waiting for over a century for the US to free its last prisoners from the 1899-1901 Philippine-American War -- the Balangiga Bells. For Filipinos, the Bells are not only sacred, religious relics. They symbolize the country’s aspiration and struggle for freedom and national independence.

The capture of the bells traces its roots to the war between American soldiers and Filipino guerrillas on September 28, 1901 in the coastal town of Balangiga in Eastern . The bells were taken as war trophies from the Church of Balangiga, following a surprise attack by hundreds of local Filipino residents on the US war veterans of Company C, 9th US Infantry Regiment. The attackers, led by Katipunan General Vicente Lukban, were protesting the starvation forced on them by the destruction and seizure of their food stocks, the rounding of about 80 villagers for forced labor and detained in crowded cells with little food and water, and their having been humiliated by the foreign intruders. They were disguised as women, carrying coffins with bolo and machete-like knives when they attacked the army base.

The bloody conflict became popularly known in history as the “Balangiga Massacre,” described by the US military as its “worst single defeat” in the Philippines and among the worst defeats in its entire history. The Americans were initially driven off with heavy losses – 48 were killed and 22 were wounded. However, they counter-attacked with vengeance over the next few weeks. General Jacob Smith instructed that Samar be converted into a “howling wilderness.” All persons over 10 years of age who have not surrendered and

Migration Standpoint Page 2 were capable of carrying arms were to be shot. This directive caused the deaths of ten of thousands of Filipino civilians and the total destruction of the town.

THE BELLS SEIZED AS WAR BOOTIES

After razing the town of Samar, the church bells in Balangiga, which were used to signal the surprise attack by Filipino guerillas were seized, together with the 1557 Queen Mary Tudor canon, as war

booties in 1901 by the US 11th Infantry Regiment, Photo: globalnation.inquirer.net known as the “Wyoming volunteers.” The two bells are presently enshrined at the Trophy Park of the F. E. Warren Air Force Base in Cheyenne in Wyoming Francis E. Warren Air Force Base in Cheyenne, Wyoming. The regiment’s command set up the bells in a brick monument in honor of the American veterans who died in the conflict. The inscription sandblasted on the side of the bells proclaimed: “These bells signaled the attack by bolo tribesmen on Sunday morning, the 28th of September 1901, in which Company C of the 9th US Infantry was massacred.” The third is in the possession of a US Army unit in Tongduchon, South Korea. All these bells belong to the same set of three bells taken from the church of Balangiga in 1901.

The main reason for the failure of the return of the bells could be traced to two contrasting versions (Filipino and American) of the Balangiga Massacre. The American group opposing it has analyzed it as a dastardly, cowardly act carried out against naïve and kindly Americans doing pacification work in the Philippines. For the US military, they are the spoils of war, compensation for the loss of life on that terrible day. The Filipinos, on the other hand,

A marker about Balangiga view the Balangiga attack as a courageous uprising against a cruel, massacre in Balangiga, Samar foreign oppressor. For some Filipinos, the bells are symbol of the long, hard struggle for independence. For Catholics and people of Balangiga, they are religious relics that need to be returned to its proper home in the church.

INITIATIVES FOR THE RETRIEVAL OF THE BELLS

Since 1950s and after the country gained independence from the US, the Philippine government, religious organizations and several groups and individuals (both in the Philippines and US) have been working assiduously to gain US support for the return of the bells.

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Migration Standpoint Page 3 Timeline of Initiatives

Filipino priest and historian, Fr. Horacio de la Costa, wrote to Mr. Chip Wards, 1958 an American military historian of the 13th Air Force in San Francisco, California, for help in securing the release of the bells by the US Air Force.

The American Franciscan Fathers in , Negros Oriental wrote to Mr. Wards, claiming 1959 that one of the two bells (dated 1883 and 1889, respectively) was of Franciscan origin.

The National Historical Institute authorized the installation of a historical marker in 1982 the plaza of Balangiga where the massacre occurred “to honor national heroes and perpetuate the glory of their deeds and to preserve historical sites.”

Representative Jose Tan Ramirez of filed a bill that was passed as RA No. 1988 6692, designating September 28 of every year as “Balangiga Encounter Day”.

The Balangiga Historical Society, through the National Historical Institute 1989 and the Department of Foreign Affairs, petitioned the US Government for the return of the town’s church bells.

Senator Heherson Alvarez pushed for the return of the bells after 1990 he visited the base in Cheyenne, Wyoming.

Secretary of National Defense Fidel Ramos met with US Secretary of Defense Dick Cheney (a 1990 former congressman of Wyoming), who was in trying to convince the government to keep US military bases in the Philippines. In their meeting, Sec. Ramos raised if the US could return the bells back to the people of Balangiga. The negotiations failed.

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Photo: 68.media.tumblr.com Photo: media.gettyimages.com

US President Bill Clinton visited the Philippines. During his one-on-one talk with 1994 President Fidel Ramos, he offered to return the Balangiga Bells to the Philippines “in the spirit of fair play.” However, Roy Daza, president of the Eugenio Daza Foundation, whom Pres. Ramos sent to the US to follow up the matter of the bells, was later informed that Pres. Clinton’s offer was considered “illegal” in some State Department circles, the US Air Force, among them. Thus, the quest for the return of the bells was stalled again.

Bishop Leonardo Y. Medroso of the Diocese of , which includes Balangiga, writes to Bishop 1996 Joseph Hart of Cheyenne, asking for help in the return of the bells, Hart offers to return the statue to set an example for the return of other war booty the bells. But this was met with opposition from the local officials of Wyoming. Later on, he would visit Cheyenne to appeal to concerned agencies and organizations - US Conference of Catholic Bishops, Office of Papal Nuncio, legislative aides and members of US Congress and Senate, a Pentagon official and White House staffs - to plead for the return of the bells to the Diocese of Borongan and Parish Church of Balangiga.

In the US, Wyoming State Representative Jeff Wasserburger (R-Gillette) and 1997 Representative Jayne Mockler (D-Cheyenne) jointly sponsored a bipartisan resolution of support for the compromise proposal of returning one of the bells. It passed the State Assembly. However, efforts did not materialize because of the strong opposition especially from the American Legion in Wyoming and some legislators who managed to block all compromises between the US and the Philippines. They believe that the return of the bells would desecrate their memorial to US soldiers who died in Balangiga.

Five members of the House led by Representative Robert Underwood (D-Guam) introduced 1997 House Resolution 312, urging President Bill Clinton to authorize the transfer of ownership of one of the Balangiga Bells, in time for the Philippine Independence Centennial Celebration. The House Resolution was referred to the Subcommittee on Asia and the Pacific. Senator Craig Thomas (R-Wyo.), however, countered the House Resolution to return one of the Balangiga bells with a Senate measure (S. 1055) that banned 1the return of veterans’ memorial objects without specific authorization in law.

Migration Standpoint Page 5 Rolando Borrinaga (left) and Bob Couttie (right). Researchers and advocates for Photo: exorcismphilippines.org the return of Balangiga bells. Photo: michaeldsellers.com

President Fidel Ramos proposed a “one original, one replica” sharing formula with the hope of 1998 appeasing both the Filipino and American sides of the controversy. Philippine Ambassador to the US Raul Rabe visited Cheyenne, Wyoming to talk to the local American veterans and the Wyoming Chamber of Commerce about the request of the Philippine President. He proposed that the Philippine government would pay the costs of replicating both bells. Hopeful for the return of the bells and in time for the centennial commemoration of the Philippine Independence, the new Balangiga church belfry, a P5 million special centennial project intended to house the Balangiga, was constructed. However, negotiations to retrieve the bells failed again.

The Balangiga Research Group (BRG), an informal multi-national team that has 1998 been investigating the Balangiga Conflict, has collected different print media articles related to the Balangiga event published in the Philippines and the U.S. Some of its members are Jean Wall-Fe, Bob Couttie, and Rolando O. Borrinaga.

During its Plenary Assembly held in 1999, the Catholic Bishops’ Conference of the 1999 Philippines (CBCP) has taken the position of the Bishop of Borongan in reclaiming the bells.

During the plenary session of its National Empowerment Conference, the National 2000 Federation of Filipino American Associations or NaFFAA’s (NaFFAA) passed a resolution supporting the return of the Balangiga Bells. The NaFFAA Bells of Balangiga Task Force was created, charged with working for the return of the bells.

Senator Aquilino Pimentel, Jr. filed Senate Resolution No. 48 (12th Congress, 2nd Regular 2003 Session) seeking for the return of the bells. A counterpart House Resolution No. 284 (13th Congress, 1st Regular Session) was also introduced by Representative Satur Ocampo.

The CBCP wrote and appealed to US President George Bush 2003 for the return of the bells.

US Congressman Bob Filner (D) with eight co-sponsors filed in the US Congress House 2003 Resolution 268 urging President George Bush to authorize the transfer of ownership of one of the bells. The proposal provides a means for both countries to mutually share in the heritage that the Balangiga Bells represent, enabling both countries to retain an original and a duplicate bell. The House Resolution was referred to the Committee on Armed Services.

President Bill Clinton was ready to send the bells back, but his then-impeachment 2005 proceedings diverted his attention. Wyoming veterans voted to return them, but the governor of Wyoming blocked their return, claiming they represented “a significant part of Wyoming’s military heritage,” though no one from Wyoming served at Balangiga.

Migration Standpoint Page 6 US Congressman Bob Filner, together with Congressman Dana Rohrabacher and 2006 sponsored House Concurrent Resolution No. 481 urging the president of the US to authorize the return of the bells to the Philippines.

Senator and Senator Loren Legarda filed Senate Resolutions No. 177 and 155, 2007 respectively during the 14th Congress, urging the Senate for the return of the Balangiga Bells to the province of Eastern Samar.

Senator Aquilino Pimentel III filed Senate Resolution No. 610 during the 15th 2011 Congress, which reiterated the call for the return of the bells by the US.

The US Defense Department sent US Marines Brig. Gen. Richard Simcock to Wyoming to talk 2012 with veterans about the bells. The visit was the strongest indication in years, that US officials are giving serious consideration to returning the bells. But this prompted Wyoming’s governor and congressional representatives to tell the Obama administration to keep the bells where they are.

After Typhoon Yolanda. About 3,000 signed an online petition requesting 2014 the return of the bells from President Barack Obama. Gary Ramirez, the main petitioner, wrote on the advocacy platform change.org: “As we rebuild the heart of our town, the Balangiga Church, there is one thing missing that will help make this spirit whole. The bells of Balangiga Church.”

An Indiegogo campaign seeking the return 2015 of the Bells of Balangiga to the Philippines was launched in Los Angeles, spearheaded by a group of concerned community members who call themselves the Return the Bells Committee. The group aims to raise funds for lobbyists to build pressure to government officials to return the bells. It was founded by Logan Clarke, a former

Hollywood and Philippine movie actor. A Screenshot: indiegogo.com number of Filipino and American celebrities also joined the campaign, including Manny Pacquiao and US Congressman Dana Rohrabacher. A short video about the campaign and narrated by Danny Glover, was launched on the website Bringthebellsback.org. According to the organization, the main reason why the earlier efforts failed is due to lack of public awareness, therefore it has been one of the major focuses of the Committee.

Bayan Muna Representative Carlos Isagani Zarate filed House Resolution No. 2016 412 calling for the return by the US government of the Balangiga Bells and other artifacts taken from Samar as war booty.

Migration Standpoint Page 7 During his 2017 SONA, President Rodrigo Duterte asked for the US to return the Balangiga Bells to the Philippines.

Photo: blogwatch.tv

BASES FOR THE RETRIEVAL OF THE BELLS

1. Religious Artifacts as Inappropriate Trophies of War

The Bells of Balangiga are religious artifacts and have considerable significance in the Catholic tradition. Among many other uses, they call people to prayer and worship. They are not meant to serve as signal to a conflict and are inappropriate trophies of war. Hence, they should be returned to the place where they belong and to the purpose for which they were cast and blessed. Also, the bells represent an important part of a town people’s culture, history and heritage. The market value of the bells may not be that high, but the collective sentiments that they have borne and symbolized for the people of Balangiga are priceless.

And even though the bells were used to signal the attack on American soldiers, the Parish of Balangiga generally did not order or approve the use of the bells in the attack. The parish priest, who was then the de facto supervisor of the bells on behalf of the Parish of Balangiga, left the town the day before the attack in protest at the planned action. Moreover, granting that the parish priest was part of the plan of the encounter, he was never the owner of the bells. The Roman Catholic Bishop of the Diocese is the owner and the parish priest is just an administrator of parish properties.

Regardless of the current state of ownership of the bells, their original owner was the parish of Balangiga. Inscriptions on two of the three bells show that they were specifically made for the parish. Therefore, the rightful place for the bells is the church, certainly not in a military base.

Migration Standpoint Page 8 San Pedro bell has returned home in Bauang, La Union after 115 years. 2. Return of Other War Booties

The US had previously returned war booties of World War II, rightfully belonging to other countries. The latest deed of the US is the return of the San Pedro bell to the Church of Saints Peter and Paul in Bauang, La Union, Philippines in 2016. A 15th-century Buddhist bell taken as a war booty in 1945 was also returned to Japan by the United States Naval Academy and the Virginia Military Institute in 1991. The US Army’s Unit for Monuments, Fine Arts and Archives, operating in occupied Germany, facilitated the return of several looted works of arts to the countries where they were before World War II. These precedents could also be applied for the return of the Balangiga Bells.

3. 1899 Hague Convention on the Laws and Customs of War

An international treaty negotiated at the First Peace Conferences at The Hague, Netherlands in 1899, the Hague Convention was among the first formal statements of the laws of war and war crimes in international law. Article 53 of the Convention specifically states that an army of occupation can only take some possession of the State which may be used for military operations. These possessions include cash, funds, and property liable to requisition belonging strictly to the state, depots of arms, means of transport, stores and supplies, and generally, all movable property of the State. On April 9, 1900, the US became one of the country signatories of the Convention.

The Balangiga Bells, which are considered religious relics, do not qualify as materials that can be used exclusively for warfare or any military operation. As specifically stated in the Convention, possession not qualified as military material which applies to the Balangiga Bells, must be restored at the conclusion of peace, which in this case happened a century ago.

4. 1863 Instructions for the Government of Armies of the US in the Field (Lieber Code)

Promulgated by then US President Abraham Lincoln in 1863, the Lieber Code was America’s first comprehensive rules regulating an army in wartime. Article 45 of the Code states that all captures and booty belong primarily to the government of the captor. The US military officers who brought the Balangiga Bells to the US claimed that the bells are war booties. However, Article 37 of the same Code signifies that the US government acknowledges and protects religion, private property, and the inhabitants. Article 34 of the Code states that properties belonging to churches shall not to be considered public properties. Primarily, the Code upholds the sanctity of religion. As such, the US government should have never seized the bells, which are religious and private properties of the Parish of Balangiga. Since the seizure of the bells was improper, rights of ownership were not acquired by the US. On this basis, the Parish of Balangiga retains property rights in the bells.

Migration Standpoint Page 9 5. Authority of the US President to Return the Bells

Several laws give authority to the U.S. President to return the Balangiga Bells to its rightful owners, including the Tydings-McDuffy Act, the Philippine Property Act, the Trading with the Enemy Act, The Treaty of General Relations between the US and the Philippines, and the current US Unified Code of Military Justice. Under the US Code § 1383, the President of the U.S. is authorized to transfer to the Philippines any or all of the rights and interests of the US government to any or all real and personal property vested in its agencies.

6. Gesture of International Cooperation and Gratitude

The US should return the bells, in the spirit of more than a hundred years of friendship between the US and the Philippines. Both countries have become allies during World War II and in many other international wars and conflicts in South Korea, Vietnam, and Iraq, even the current war against terrorism. Many Balangiga residents have served in the US military forces such as the Navy and Army, in Vietnam and Iraq. During World War II, Balangiga guerillas fought the Japanese on behalf of the US. During the Pulahanes period in 1903, many of those Balangiga residents who fought Company C fought alongside American forces against terrorism in Samar. This shows that Balangiga residents have been fighting terrorism in support to the US for a century.

The return of the bells should express a final closure to a painful historical episode of war and serve as a symbol of friendship and cooperation, and not of unfortunate misunderstanding and conflict between the US and Philippines.

So for whom should the Balangiga bells toll?

More than a hundred years hence, Balangiga Bells should ring once more from the place of its origin, and where they rightfully belong - in Balangiga, Samar, Philippines.

The only thing missing in this church is the Balangiga bells

Migration Standpoint Page 10 Photo: Frencel Tingga For more information or any clarification Migration Standpoint Editorial Board about this position paper, please contact the Editors: Policy, Planning and Research Division of the Maria Regina Angela G. Galias Commission on Filipinos Overseas at tel. no. Rodrigo V. Garcia, Jr. 552-4766 or email at [email protected] or Frencel Louie T. Tingga [email protected]. Layout: Troy D. Agcanas

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