POLITICAL 9

Gloria Arroyo released on P1-million bail Former President and now Rep. Gloria Arroyo was released on July 25 after posting P1-million bail for her temporary liberty in an electoral sabotage case involving alleged cheating in Maguindanao during the May 2007 mid-term elections.

asay City Regional Trial Court (RTC) Judge Jesus Mupas granted the bail petition of Ms. Arroyo. Lawyers of the Pformer President immediately posted the P1-million cash bond and secured an order for Rep. Arroyo’s release. She was freed after 8 months of detention at the Veterans Memorial Medical Center (VMMC) in Quezon City where she is undergoing treatment for her ailments. The RTC said Ms. Arroyo could not leave the country without getting permission from the court. Ms. Arroyo’s convoy left the hospital, where she has been detained since December, at around 2:30 p.m. and went directly to her home in La Vista, Quezon City.In a 7-page resolution read by RTC branch 112 spokesperson Felda Domingo, the judge ruled that the prosecution failed to present a strong case in its opposition to the bail petition of Ms. Arroyo. The court, however, denied the bail petitions of Ms. Arroyo’s co-accused, Ms. Arroyo and some of her former offi cials are also facing former Maguindanao Gov. Andal Ampatuan Sr. and former a P365.9-million plunder case before the Sandiganbayan for Maguindanao election offi cer Lintang Bedol. Mr. Mupas said the allegedly pocketing more than P365 million of Philippine Charity bail petitions were denied after state witness Norie Unas, former Sweepstakes Offi ce (PCSO) funds. Also charged were former Maguindanao provincial administrator and close adviser of the PCSO general manager and vice-chairman Rosario Uriarte; governor, testifi ed that Mr. Ampatuan gave him money to provide former chairman of the board of directors Sergio Valencia; former logistical support to local election offi cers to ensure the victory of budget and accounts manager Benigno Aguas; and former board Team Unity senatorial candidates of the Arroyo administration. members Manuel Morato, Jose Taruc, Raymundo Roquero, and A vital witness in the electoral sabotage case against Ms. Ma. Fatima Valdez. Also implicated were former Commission Arroyo earlier resurfaced and apologized after government on Audit (COA) chairman Reynaldo Villar and Nilda Palaras prosecutors asked the court to issue a warrant for his arrest for of the agency’s Intelligence Confi dential Funds Fraud Audit contempt. Formerly declared missing, Mr. Rasam Mabang wrote Unit. Ms. Arroyo and the rest of the respondents are accused prosecutors that he boarded a plane before his scheduled testimony of “raiding the public treasury by withdrawing and receiving in after he saw armed men waiting outside his hotel in during several instances the amount from the confi dential/intelligence Ms. Arroyo’s May 21 bail hearing. Prosecution lawyer Esmeralda funds of the PCSO and unlawfully transferring or conveying Ladra submitted the letter to Mr. Mupas, telling the court that the same into their possession and control through irregularly they are satisfi ed with Mr. Mabang’s explanation and they are no issued disbursement vouchers and fi ctitious expenditures.” longer interested in pursuing the contempt charge against him.

Philippine Alert July 2012 10 POLITICAL

Pres. Aquino’s poor human rights record practices. As in the killings and disappearances of activists scored and journalists, such short cuts to law enforcement will stop only if the perpetrators are caught, prosecuted and punished. After 2 years in offi ce, President Aquino has shown little progress in addressing the poor record of the country when it comes to protecting people’s human rights. Promises of ASEAN reaches consensus on 6-point what President Aquino intends to achieve in his 4 remaining principles on South China Sea years in offi ce are being questioned with both human rights groups and the Church pressuring him to show results in The foreign ministers of the 10-nation Association of the protection of civil rights. Southeast Asian Nations (ASEAN) reached a consensus on the group’s 6-point principles on the South China Sea. In a letter to media to follow up on a statement that Mr. Aquino had done little to arrest perpetrators of human rights violations These principles include the full implementation of the during the 2 years he has been in offi ce, the New York-based Declaration on the Conduct of Parties in the South China Sea Human Rights Watch (HRW) said not much is being done to arrest (DOC) in 2002, the support for the guidelines of the DOC in 2011, alleged human rights abusers such as retired Army Maj. Gen. the need for an early conclusion of a regional code of conduct on and that the administration’s failure to prosecute the South China Sea, the full respect for the universally-recognized offenders “highlights broader problems that do rest with the principles of international law including the 1982 United Nations administration.” HRW deputy director for Asia division Elaine Convention on the Law of the Sea (UNCLOS), the continued Pearson said most cases involving human rights violations failed exercise of self restraint and non-use of force by all parties, and to reach trial stage while the police fail to follow up and arrest the peaceful resolution of confl icts in accordance with universally- suspects and the military continued to “obstruct” investigations recognized principles of international law including the 1982 into human rights cases involving members of the Armed Forces. UNCLOS. The statement came after Indonesian Foreign Minister The HRW said Mr. Aquino failed to prosecute a single case of extra- Marty Natalegawa carried out “intensive shuttle diplomacy” judicial killing and enforced disappearance in his 2 years in offi ce. to restore ASEAN unity by consulting with his counterparts in HRW cited statements made by Mr. Aquino at his inaugural, Manila, Hanoi and Phnom Penh as well as with other ASEAN at a human rights event months later, and during his State foreign ministers by phone. Indonesia’s bid to seek the consensus of the Nation Address last year, in which he promised to put on the South China Sea issue was made after the 45th ASEAN an end to the culture of impunity. He also acknowledged Foreign Ministers’ Meeting, which wrapped up in Phnom Penh in his statements that justice does not end with the fi ling of on July 13, failed to issue a Joint Communique for the fi rst time cases against suspected criminals but with their conviction. since the bloc was founded in 1967. The requested to Since 2010 the country has also ranked as the third include the dispute on a shoal in the document, which would be worst in the world in the Impunity Index drawn up by the accepted by Cambodia, the chair of the 10-nation group in 2012. Committee to Protect Journalists. The index calculates the In related developments, China continued to beef up its number of unsolved murders of journalists as a percentage presence in Panatag (Scarborough) Shoal as about 30 Chinese of the national population. Last year the Philippines ranked boats were spotted in the Philippine-owned area on July 19. behind only Iraq and Somalia in the index. Seeing crooks get Sources said there were indications that the Chinese vessels were away with murder, enforced disappearances and other human fi shing well within the Philippines’ exclusive economic zone rights violations guarantees that the crimes will continue. (EEZ). The number of Chinese vessels was 10 times more than Earlier, members of the Armed Forces of the Philippines the 3 ships spotted in the shoal during a previous monitoring by (AFP) staged a “fun run” against torture. The gesture is welcome, the government early in July. The information about the presence but the commitment to uphold human rights should be inculcated of Chinese boats was based on a report by offi cials monitoring down the ranks. It will also help if retired AFP Maj. Gen. the situation in the area. The ships were spotted 2 days after the Jovito Palparan, dubbed “the butcher” by activist groups, can Russian Coast Guard apprehended 36 Chinese fi shermen and be arrested. Mr. Palparan, wanted for the 2006 kidnapping and seized 2 Chinese vessels that entered its territory. The Philippines torture of University of the Philippines students Karen Cadapan no longer has vessels in the area after President Aquino ordered and Sherlyn Empeno, is believed to be enjoying the protection of the pullout of 2 local ships last June 15 allegedly due to bad certain AFP elements and business interests, according to HRW. weather. These ships – one from the Coast Guard and one from the The commitment against torture should also be expressed Bureau of Fisheries and Aquatic Resources – used to symbolize by members of the Philippine National Police. Many cops the Philippines’ ownership of the area. It remains unclear whether continue to resort to torture as a tool of criminal investigation. Philippine vessels would be redeployed to the shoal. In contrast, It will take more than presidential promises to end such China has maintained its presence in the shoal even though the Philippines’ ownership of the area is backed by international law.

Since 2010 the country has ranked as the 3rd worst in the world.

Philippine Alert July 2012 POLITICAL 111

Chinese vessels were fi shing well within the Philippines’ exclusive economic zone.

Last April, Palau police in spotter planes opened fi re on China has prospered over the past 3 decades by building Chinese vessels in Palau waters, killing a fi sherman. Palau said friendships and playing by international rules, even as it pursues warning shots were fi red at the fi shermen and the killing was its own political system and ways of governance. The world has an accident. Palau is the fi rst country to declare its waters as a become a global village, with international rules governing the shark sanctuary, and the fi shermen appeared to be after sharks, ways by which states deal with each other. One does not claim whose fi ns are prized delicacies in China. More recently, the territory arbitrarily, especially when others are challenging the Russian coast guard also opened fi re on Chinese vessels that claim. It would be in China’s interest, if it wants to continue entered Russia’s exclusive economic zone in its far eastern winning friends, to seek an international mechanism that Primorsky region, according to Chinese news reports. The will govern maritime territorial disputes and their settlement. Russians detained 36 Chinese fi shermen and seized 2 boats. China, like the Philippines, is a signatory to the United Nations The 2 incidents provide lessons on how China reacts Convention on the Law of the Sea, which provides coastal nations when its intrusions into others’ territory are challenged. In the with a 200-mile EEZ from their shorelines. Nations with shared waters around China, its fi shermen are increasingly being seen EEZs can negotiate and settle overlapping claims. The Philippines as instruments of Beijing in enforcing its territorial claims. and China do not have a shared EEZ. The Philippines does its best to Countries with strong naval forces such as Japan and South respect its neighbors’ economic zones. China should do the same. Korea stand ready to defend their territorial integrity. China’s behavior toward states with weaker defense capability gives the world an idea of its future behavior on the international stage.

SWS RATINGS OF GOV’T EXECS DROP; BINAY SPARED

Public satisfaction with the performance of top government offi cials in the line of succession to the presidency, except for Vice President Jejomar Binay, dropped, according to a latest survey by the Social Weather Stations (SWS). Satisfaction with the government’s main institutions also dropped in the SWS poll taken from May 24 to 27. Mr. Binay maintained an “excellent” net rating of 70% (79% satisfi ed, 9% dissatisfi ed) based on the results of the survey. Senate President Juan Ponce Enrile’s net rating declined by 8 points to a merely “good” 48 (64% satisfi ed, 16% dissatisfi ed) from a personal record high of a “very good” 56 in March. Speaker Feliciano Belmonte Jr. also suffered a 10-point drop in his net satisfaction score from 18 to 8 (36% satisfi ed, 28% dissatisfi ed). The SWS earlier reported that President Aquino’s net satisfaction score dropped to 42% (63% satisfi ed, 21% dissatisfi ed) in May from 49% in March. Meanwhile, Sen. Miriam Defensor-Santiago, Senate President Pro-Tempore Jinggoy Estrada, and Senate President Enrile were the top three senators perceived by Filipinos to have done “good” work during the impeachment trial of former Chief Justice Renato Corona, Ms. Santiago obtained 51%, followed by Mr. Estrada and Mr. Enrile with 18% each. The SWS asked the respondents to give the names of the senators “who did good work in the impeachment trial.” The pollster allowed them to give multiple names.

China’s behavior gives the world an idea of its future behavior on the international stage.

Philippine Alert July 2012 12 POLITICAL

Government, MILF resume talks Sandiganbayan asked to junk motions fi led by PNP in helicopter deal The government and the Moro Islamic Liberation Front (MILF) resumed formal peace negotiations, including Government prosecutors are asking the Sandiganbayan to discussions on power-sharing, territory, wealth-sharing dismiss separate motions of former and incumbent police and transition arrangements, in Kuala Lumpur on July 16. offi cials questioning the Offi ce of the Ombudsman’s decision to indict them for their alleged involvement in the Philippine In a statement, the MILF said other matters remained National Police’s (PNP) anomalous purchase of second- “contentious” despite hopes that the 2 panels would reach hand helicopters in 2009. common ground on transition arrangements. The peace talks resumed a week after the MILF-sponsored Moro Leaders’ Bureau VII director Rodrigo Coquia and assistant special Assembly in Darapanan, Sultan Kudarat in Maguindanao. Last prosecutors Lynette Jandoc-Ludan, Jennifer Agustin-Se and April, government and MILF negotiators agreed to replace Rohermia Jamsani-Rodriguez, said retired PNP chief Jesus or expand the Autonomous Region in Muslim Mindanao to Verzosa, Luizo Ticman, George Piano and Senior Superintendent accommodate the rebels in a political entity. Government Luis Saligumba failed to raise any new legal issue and submitted negotiators had assured that the new autonomous political entity arguments that the Offi ce of the Ombudsman had overruled on would not be an independent Bangsamoro state that would violate March 30, 2012. All 4 are seeking a suspension of proceedings the country’s sovereignty. The creation of the new political and challenging the basis for the graft case fi led against them last entity would require a new law from Congress. The MILF had June 6. However, prosecutors said a fi nding of probable cause been pushing for the creation of a Bangsamoro sub-state as it made must be upheld and arrest orders against the 4 be issued. believes that there is no real self-governance in the ARMM Ten offi cers, including 2 generals, and a civilian employee since it could not stand without the national government’s of the PNP were dismissed from the service this month and are support. During the conclusion of the 28th formal talks last facing criminal charges in connection with the PNP’s purchase of May, the government and the MILF agreed to further refi ne their 2 used helicopters at new prices in 2009 and 2010. The 11 also respective positions on various issues. The government panel lost all their retirement benefi ts and cannot hold any public offi ce. had said it was “comfortable” with how the talks ended and The fate of the PNP personnel should encourage the Armed vowed to use them as inputs to the peace pact to be signed soon. Forces of the Philippines (AFP) to ensure that its planned The Aquino administration has made peace with the MILF procurement of military hardware will not be marred by scandal. a top priority. Of course, nobody wants war, and The pursuit of The PNP helicopter deal involved only P34.63 million. The AFP’s peace, prosperity and happiness is enshrined in the Constitution. plan to acquire 12 fi ghter jets and 6 other fi xed wing aircraft However, while the nation desires peace, prosperity and happiness, by next year is going to cost much more, with each jet having it is also the responsibility of that nation to protect itself from any an estimated price tag of P1.2 billion. The procurement, from and all threats, both from without and from within. For so long suppliers based in Italy, Russia, South Korea and the United the government has tolerated the treachery of Muslim rebels. To Kingdom, is certain to be closely scrutinized by the public. attain peace, but based on recent attacks on government forces Apart from jeopardizing careers, an anomaly in the aircraft and installations, it seems that the Muslim rebels view that procurement can derail the AFP’s modernization program, modest tolerance as a weakness to be exploited and taken advantage of. as it is, at a time when it is urgently needed. The AFP does not The state must regain primacy over these troublemakers. It is have radar equipment, the Philippine Navy lacks ships and the an anomaly for a state to stay rooted in a policy of being the one to Philippine Air Force cannot even dispatch planes to monitor constantly make efforts for peace, while the opposing side carries the country’s territorial waters. All that the AFP and the defense on assaults against government forces and continues to coddle department are aiming for is credible defense capability. But this Muslim extremists. If the Philippine government still desires to would be doomed by any corruption scandal in the procurement bargain and negotiate with Muslim rebels, then it should be from of the aircraft and consequently threaten the Philippines’ position a position of strength. This approach, coupled with programs to in asserting its territorial claims in nearly the entire South develop socio-economic conditions in the southern Philippines, China Sea. The AFP must make sure that every step of the is the only way a true and lasting peace can be achieved, if at all. procurement process in its modernization will be aboveboard.

Philippine Alert July 2012 POLITICAL 131

Comelec rejects ‘defective’ PCOS machines The SC decision looks unlikely to be reversed. About 82,000 precinct count optical scan or PCOS machines used in the 2010 The Commission on Elections (Comelec) has rejected general elections are expected to be used again, this time for the 1,000 precinct count optical scan (PCOS) machines of midterm polls next year. The groups opposing the PCOS contract Smartmatic International Corp. after these failed the argued that the purchase was done without bidding, that the period hardware acceptance tests of the poll body. for the Comelec to exercise its option to buy the machines lapsed at the end of 2010, and that glitches were found in the PCOS According to Comelec Chairman , the 1,000 machines the fi rst time they were used. The government argued machines were junked because they were no longer operational. that the PCOS glitches had been fi xed and the deal was aboveboard. He said this development will not pose problems for the Comelec With less than a year before the midterm elections, those since they have 900 extra PCOS machines that they bought from glitches better be fi xed. Machines tend to deteriorate when not Smartmatic shortly after the elections. The 1,000 PCOS machines used, and the Comelec must see to it that there won’t be more are part of the 81,280 units the poll body bought from Smartmatic technical glitches in the nation’s second fully automated elections. for P1.8 billion to be used in the 2013 midterm polls. The Comelec The PCOS machines will have to be tested several times, with a has already accepted 50,000 of the machines after passing fi nal dress rehearsal of sorts shortly before the May 2013 elections. inspection. Some 30,000 machines have been “quarantined” due With this issue out of the way, the Comelec can ramp up to minor defects like the need to change adaptors. The machines overall preparations to ensure honest, orderly and peaceful are kept at Smartmatic’s warehouse in Cabuyao, Laguna while the elections next year. Much will depend on the performance Comelec is looking for its own storehouse. After addressing the of the PCOS machines, which are supposed to drastically defects, the machines will again be tested by Comelec personnel. reduce opportunities for poll fraud. Automation certainly sped The Supreme Court earlier ruled to allow the Comelec to up the release of election results in 2010, with then Comelec proceed with the multibillion-peso contract for the purchase chief Jose Melo triumphantly announcing the winner in the of machines for next year’s elections. President Aquino presidential race just hours after the polling centers closed. earlier sent a strong message that he no longer wanted any There are many other tasks that must be carried out. debate on automated polls and made it clear that he wanted Voters’ lists need further purging. Precinct clustering needs the PCOS machines used in the 2010 presidential polls to to be reviewed to prevent a repeat of the long lines and hours be used in 2013. Four petitions had alleged defects in the of waiting to vote in 2010. Security agencies need to prepare machines. The SC ruling revoked the April 24 temporary to contain election-related violence, which is usually at its restraining order it issued enjoining Comelec and government worst in local political races. Successful elections can take contractor Smartmatic from proceeding with the contract. place next year, but time is fast running out for preparations.

Philippine Alert July 2012