Civilian executed after being suspected as an Army’s Asset

Paquibato District, Davao City – Leonilo Cabusas Sasil, another victim of summary execution, were found dead along the road of Sitio Kapihan, Brgy Malabog, Paquibato District, Davao City covered with his own blood and gunshot wound on the back of his neck last September 28, 2013 at about 10 o’clock in the evening.

Leonilo Cabusas Sasil, 57 yrs old and a resident of Sitio Pag-asa, Brgy Malabog, Paquibato District, Davao City, was abducted last September 24, 2013 after being suspected of having betrayed the PBC1 and for questioning the NPA organizers why they are being mobilized and sent to Davao City to attend mass action/rallies.

LTC INOCENCIO I PASAPORTE, Commanding Officer of 69IB, said the victim is not an informant of the unit. The report gathered by the troops revealed that the NPA’s killed Mr Sasil because he was distancing his active participation from their group. “The victim is a Sitio Leader of Sitio Kapihan, Brgy Malabog of Paquibato District, Davao City and troops under my command was constantly coordinating their PDOP activities in the area. “ He said. It is a sad to know that another victim of summary execution perpetuated by the members of PBC1 against a helpless and innocent sitio leader who only wanted to served his constituents. “This is a clear manifestation of another violation of the CARHRIHL and brutality of this lawless NPA.” He added.

Two other civilian were abducted by PBC1 accordingly they were Premjune Cabatuan and Toto Siloy. The victims were both Sitio Leaders of Sitio Napo, Paquibato, Paquibato District and Sitio Kibalatong, Pañalum, Paquibato District, all of Davao City. Like Leonilo Cabusas Sasil, they are being suspected by the PBC of distancing themselves from their goup.

NPA terror attacks harm 471 since 2010

KIDAPAWAN CITY, North Cotabato – In the spirit of Bayanihan, the Philippine Army is geared on protecting the Filipino people and defending the nation with other stakeholders on equal foot.  However, with the deception of NPA rebels, the fight for peace and development is hindered and prevented.

In the recent NPA atrocity last October 21, 2013, Monday, personnel of the 38th Infantry Battalion were on their way to Barangay Bacong, Tulunan, North Cotabato to distribute the subsistence allowance of the Citizen Armed Force Geographical Units (CAFGUs) when members of the criminal armed group New People’s Army treacherously detonated a landmine that instantly rendered the personnel of 38th Infantry Battalion incapable to fight in Sitio Manggi, Barangay Bituan, Tulunan, North Cotabato, one of the declared peace zones in Tulunan, at around 9:10 in the morning.  However, the NPA even peppered our wounded troops with bullets even on their faces.

The same atrocity occurred at Purok 2, Barangay Luna Norte, Makilala at about 11:25am to the reinforcing troops of the 57th Infantry Battalion, wherein the landmine was within the immediate vicinity of the civilian population, which could harm civilians and non-combatants.

In a press statement of the NDF, the group directly acknowledged their criminal act justifying their deceitful actions.  With these two heinous crimes of the NPA, nine families lost a father and a provider of the families’ daily need.  They even hid to the public the robbery they committed during their attack.  They robbed the families of the CAFGUs a total amount of P2,135,430.00, which was intended to provide the daily needs of about 753 CAFGUs’ families.

During a press conference held at Kidapawan City this Saturday morning, Honorable Rudy Caoagdan, Municipal Mayor of Makilala said, “We seriously condemn the violent acts of the New People’s Army that endanger the lives of the people.  These atrocities should be put to a stop.  They do not contribute to the peace and development of our nation and they jeopardize our economic progress, and worst, they destroy the people’s only source of living by burning and destroying developmental projects and business establishments.”

From 2010 to date, the NPA has deliberately harmed a total of 471 civilians and military personnel through detonation of landmines in eastern Mindanao alone.  Among these are 75 civilian casualties, with 27 killed and 48 wounded, while the military suffered 396 casualties, with 109 killed and 287 wounded.

The Comprehensive Agreement on Respect to Human Rights and International Humanitarian Law (CARHRIHL) protects civilians, non-combatants and hors de combat or those soldiers who are wounded and rendered incapable to fight.  But the NPA has no regard to the signed agreement of the National Democratic Front and the Communist Party and even disregarded the plea of the wounded soldiers who couldn’t fight anymore.

“The 10^th Infantry Division vehemently condemns the acts of the criminal group New People’s Army in using landmines, robbery and their explicit violation of CARHRIHL, that endanger the lives of civilians and non-combatants.  This likewise manifests the armed group’s utter disregard for human rights and International Humanitarian Law as they continue to defy the international ban on the use of landmines”, said Major General Ariel Bernardo, Commander of the 10^th Infantry Division.

“With the Bayanihan efforts of all peace loving stakeholders, we can give justice to our fallen troops and to those victims of the atrocities of the New People’s Army”, Major General Bernardo added.

Lumad NPA Girl, Sexually Abused By Fellow Rebel, Surrenders

                            

Bgy New Visayas, Sto Tomas, Davao del Norte – A minor female member of New People’s Army (NPA), of Guerilla Front 34, voluntarily surrendered without firearms to Patil Patrol Base of 60^th Infantry Battalion at Brgy Gupitan, Kapalong, Davao del Norte at 3:00 pm of April 2.

In her testimony, Ana, (not her true name), 17 years old from Ata Tribe, a resident of Prk 1, Sitio Muling, Brgy Gupitan, Kapalong, Davao del Norte, decided to surrender for she can no longrer endure the hardships coupled with hunger that she experienced in all the tactical operations where she was involved and the constant on-the-run while evading government troops in the mountains.

Her participation in the attempted murder of her uncle and hostage-taking of her two(2) female cousins to facilitate  the  said attempt, made her realized the inhuman side of the movement she was in, aside from the previous kidnappings she was able to participate. 

Worst of all, the declaration of her fellow rebel that she was forced to join and must stay to fullfill the later’s sexual need, had gotten into her nerve. “Pangunsumo lang daw ko.” Ana uttered trembling with tears. “Nisulod lang bya gyud ko kay gibundakan man ko ug AK-47 nga pusil sa atubangan. Kinsay dili mahadlok ana’? Paubanon daw ko sa NPA nga gibuya sa akong papa sa akoa.” (I was just forced to join when the NPA bandits stroke an AK-47, butt on the ground, in front of me. Who will not be afraid of that? They said that I must go with the NPA who had prearranged with my father, to have me as a wife.) Ana further revealed.

Her surrender was made possible through the help of Amy Mier, her former employer prior to her recruitment in the movement, who coordinated with 60IB. She allegedly joined the NPA on December last year and left the group last March 25 this year. She said that being a young female, she was not able to endure the hunger and hardships in the mountains while evading government forces.

LTC LLEWELLYN BINASOY, commander, 60^th Infantry Battalion brought and endorsed the victim to Ms Arlene Semblante, Head of Provincial Social Welfare and Development in Davao del Norte.  She was also taken to Carmen District Hospital (CDH) for medical checkup and Stress Debreifing.  

“We are happy to have saved another life, especially the young soul of Ana. Ibalik natin sya sa kanyang pamilya at tulungan natin, kasama ang lahat ng ahensya ng gobyerno na maaring makatulong para sa bagong buhay ng isa pang anak kasama ang kanyang pamilya.” COL BUENAVENTURA C PASCUAL, 1003^RD (RAPTOR) Brigade Commander, said in an interview as he expresses again the Brigade’s commitment to help and protect our less fortunate constituents, especially our Lumad brothers and sisters who had been deceived and are constantly exploited by the New People’s Army to advance a greedy and inhuman cause. COL PASCUAL added. 

NPA Brutaly Murders CAFGU; ARMY Rescues Wounded NPA

Camp Panacan, Davao City - Off-duty CAFGU was brutally murdered by two SPARU members of NPA, 11am, today along the Streets of Magsaysay and Apiki, Bgy Calinan Proper. 

The victim was identified as CAA DELIO JAMANA who was assigned at Tamayong Patrol Base. He sustained 11 gunshot wounds on his head per initial investigation done by PNP Calinan and Davao Citu SOCO Team. 

The cadaver was brought at ANGEL FUNERAL HOMES OF CALINAN.

Meanwhile, one NPA critically wounded during the encounter yesterday, 25 April 9am, with 66IB troops was rescued and immediately brought to Nabunturan Hospital.

The wounded NPA was identified as Renier Saturninas Perez AKA Arnel, from Bgy Tualian, Sto Tomas, Davao del Norte. 

The troops used makeshift stretcher and alternately carried Perez from the mountainous encounter site towards the accessible road for vehicle transporation to the hospital.

Perez was subsequently brougth to Davao Regional Hospital and is breathing through manual ventilator continually pump by our soldiers on alternate duty. 

The encounter yesterdy resulted also to the recovery of 6HPFA and killing of one NPA. Also recovered from the NPAs are election materials of certain Partylist Groups and Senatorial Candidate.

The rescue is a classic example of how your soldiers care for the wounded as mandated in the IPSP Bayanihan - Strict Adherence to Respect of Human Rights, IHL and Rule of Law.

MAj Gen Ariel Bernardo, 10ID Division Commander commended the troops for successfuly carrying out their mission to protect the lives and propoerties of people in ComVal Province.

NPA ATTACKS A BARANGAY MARKET IN MACO CVP

Maco, Compostela Valley Province- Peace and Development Team of 71st Infantry Battalion in Brgy Elizalde Maco Compostela Valley Province was fired upon by New People's Army 6:45 in the morning today, April 24, 2013.

Three unarmed members of Peace and Development while in the market place of the barangay was fired upon by undetermined number of NPAs.

The civilian populace hid the two unarmed soldiers when the NPA were about to approach them while the other one named Pfc Jesus Tomas (Inf) PA was instantly grabbed and mercilessly dragged away by New people's Army.

LIEUTENANT COLONEL JERRY T BORJA  INF (GSC) PA, 71IB Commander said, " This act of New People’s Army is clearly out of their frustration to stop the success of Maco in gaining Peace and Development. They attacked the unarmed government forces without considering the presence of civilians that may be caught in crossfire."

"We will not stop in pursuing our ultimate goal that is to give way to peace and development especially now that we are being supported by the populace", Borja added.

FULL TEXT of House Bill No. 6873 "AN ACT ESTABLISHING THE CLASS OF PERSONS EXEMPTED FROM GUN BAN DURING ELECTION PERIODS AND TO ENSURE THAT THE MAINTENANCE OF PEACE AND ORDER SHALL REMAIN THE SOLE RESPONSIBILITY OF THE PHILIPPINE NATIONAL POLICE." Filed by Congressman Jun M. Alcover Jr. (ANAD Partylist)

Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

FIFTEENTH (15^th) CONGRESS

Third (3^rd) Regular Session

House Bill No. 6873

Introduced by Hon. Pastor M. Alcover, Jr.

EXPLANATORY NOTE

            This bill seeks to establish the class of people who must be exempted from any regulation issued by the COMELEC relative to the carrying or bearing of firearms during an election period regardless of whether such election is national, local, a plebiscite, referendum or a special election and to ensure that the maintenance of peace and order shall remain the sole responsibility of the PNP.

           

For so many election periods, it has become the practice of the COMELEC to issue a sweeping ban on the carrying of firearms outside of residence and every time the COMELEC does this, a number of perennial problems would also creep up.

            Foremost of these problems is the fact that every time there is a gun ban, only the responsible gun owners will abide by the ban but the criminals do not or, as aptly put in the famous saying, “when guns are outlawed, only the outlaws will have guns.” This has really become a major problem because there is always a rise in criminality during a gun ban in view of the fact that criminals will take advantage of the situation wherein the responsible gun owners and even the law enforcement officers are rendered defenseless. The gun ban therefore only benefits the criminals and does not really contribute to the promotion of peace and order during an election period.

            Another major problem caused by a gun ban is that this has become the major source of corruption in the PNP and the COMELEC. It is a fact that every time there is a gun ban, the COMELEC will also provide for its exemption. However, this exemption will not automatically apply to those who will qualify for it. They have to apply first and pay some regulatory fees before they will get an exemption and this is where the problem comes in. Many gun owners especially those whose security are at risk and desperate to secure an exemption are willing to pay grease money to expedite their application and this, in return, encourages the unscrupulous PNP and COMELEC personnel involved in the issuance of the exemption to dangle this like a commodity before those who are desperate to get it and willing to pay extra money.

           

Another problem caused by the gun ban is that it is too sweeping and has become like a money making venture of the PNP and the COMELEC. This is demonstrated by the fact that the gun ban even covers those who, due to the nature of their job, are authorized by law to carry firearms. Among them are the security guards. Despite the nature of their job and regardless of the already existing law that prohibits them from carrying their firearms outside the area of their jurisdiction, they are not exempt from the gun ban and in order for them to continue doing their job, their security agency should secure a gun ban exemption and pay the corresponding fees. One can just imagine the number of Private Security Agencies all over the country that would be forced to apply for exemption.  Indeed, the gun ban has really become a money making venture of the PNP and the COMELEC. Another is those who are legitimate gun owners with valid license and permit to carry. The fact that they have been issued gun license and permit to carry is a clear showing that they are responsible gun owners because this presupposes that they have undergone thorough screening and many of them even have superior training in gun handling than our law enforcement officers because many of them are gun club members and have participated in shooting competitions. The government could even take advantage of their skills as force multiplier by deputizing them during election period. However, despite the fact that they have already paid a significant amount of money to secure there license and permit to carry, they are still covered by the gun ban. And in order to be exempt, they will have to apply and pay another regulatory fee. Truly, the gun ban has become a money making venture of the PNP and the COMELEC. And last but not the least is the elected officials. It is a sad fact that violence has become a part of the Philippine politics and the elected officials are the ones who are mostly at risk and despite this, they are not exempt from the gun ban. They still have to apply and pay the corresponding fees. Considering that almost all elected officials in the country need personal protection, the PNP and the COMELEC can generate a huge amount of money from them alone. Again, another demonstration that the gun ban has become a money making venture of the PNP and the COMELEC.

In has indeed been shown time and again that the gun ban tends to wreak havoc instead of helping promote peace and order during election periods and to avert any further destruction that it may cause, approval of this bill is earnestly sought.

                                                                          HON. PASTOR M. ALCOVER, JR.

                                                                             Representative, ANAD Party list 

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Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

FIFTEENTH (15^th) CONGRESS

Third (3^rd) Regular Session

House Bill No.6873

Introduced by Hon. Pastor M. Alcover, Jr.

AN ACT

ESTABLISHING THE CLASS OF PERSONS EXEMPTED FROM GUN BAN DURING ELECTION PERIODS AND TO ENSURE THAT THE MAINTENANCE OF PEACE AND ORDER SHALL REMAIN THE SOLE RESPONSIBILITY OF THE PHILIPPINE NATIONAL POLICE.

Be enacted by the Senate and the House of Representatives of the Philippines in Congress Assembled:

Section 1. Title. – This Act shall be known as the “Gun Ban Exemption Act of 2013.”

Section 2. Declaration of Policy. – It is hereby declared the policy of the State to ensure that peace and order shall reign during an election period and that all peace loving and law abiding citizens are protected from any form of violence, intimidation, terrorism or criminality.

Toward this end, the State shall ensure that the maintenance of peace and order during election periods shall be entrusted only to the Philippine National Police which is the agency that has the specialty, proper resources and legal mandate to maintain peace and order.

Section 3. Definition. –

a.) COMELEC, under this Act refers to the Commission on Elections.

b.) Gun Ban, under this Act refers to any rules, regulations, resolutions or guidelines issued by the COMELEC that prohibits and penalize the carrying of firearms outside of residence during an election period.

c.) PNP, under this Act refers to the Philippine National Police.

Section 4. Coverage. – This Act shall cover all kinds of election, whether national or local, a special election, an initiative, referendum or plebiscite, where there is a Gun Ban.

Section 5. Duty of the COMELEC and the PNP. – During an election period, the duty of the COMELEC shall be limited to enforcement and administration of all laws and regulations relative to the conduct of the election and the maintenance of peace and order and to ensure that the conduct of the election is free from any form of violence, intimidation or terrorism shall be the sole and exclusive responsibility of the PNP.

Section 6. Class of Persons Exempt from Gun Ban. – The following class of persons shall be exempt from and shall not be covered by the Gun Ban during an election period:

1. Regular Uniformed Officers and Members of the PNP;

2. Commissioned Officers, Non-Commissioned Officers and Enlisted Personnel of the Armed Forces of the Philippines;

3. Officers and Enlisted Personnel of the Philippine Coast Guard;

4. Officers and Members of the Bureau of jail Management and Penology;

5. Officers, Members and Agents of the National Bureau of Investigation;

6. Officers, Members and Agents of the Philippine Drug Enforcement Agency;

7. Regular Officers, Members and Agents of other Government Agencies who are actually performing law enforcement or security functions provided that they are regular plantilla of the said agencies and wear their prescribed uniforms showing clearly their name, rank and serial number or, in case rank and serial number are inapplicable, their agency-issued identification card showing clearly their name and position while they are on duty and when they are off duty, they shall carry with them valid and unexpired gun license, permit to carry or mission order or letter order;

8. Members of privately-owned or operated security, investigative or protective agencies provided, however, that they can only carry firearms while in actual in actual performance of duty at their specified place or area of duty, must wear their agency prescribed uniform, in possession of a valid license to Exercise Security Profession and valid firearms license of the agency where they are employed and deployed by Private Security Agency duly licensed by the PNP;

9. Members of the Judiciary;

10. All elected Public officials; and
11. Any person who is a bona fide holder of a valid and unexpired gun license and permit to carry.

Section 7. Repealing Clause. – All laws, decrees, executive orders, letters of instruction, rules and regulations or parts thereof which are inconsistent with this Act, are hereby repealed, amended or modified accordingly.

Section 8. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in the official gazette or in two (2) national newspapers of general circulation.

APPROVED