"NPA owns up attack in Davao", "Operational lapses caused 11 deaths: AFP" - New Updates, 31 March 2010 (Wednesday)

NPA owns up attack in Davao

By Al Jacinto

The Manila Times

Wednesday, 31 March 2010

ZAMBOANGA CITY: New People’s Army (NPA) communist rebels took responsibility Tuesday the killing of six government soldiers in an attack in southern Philippines.

A rebel spokesman Dyomabuk Kadyawan, of the NPA’s Antonio Nerio Antao Command, said the attackers also seized an M16 rifle from the soldiers. Three more soldiers were wounded in the weekend attack in the village of Mahan-ob in Davao Oriental’s Baganga town.

He said the attack sparked a firefight that lasted more than an hour. “The guerilla offensive lasted for at least an hour. Six enemy troops were killed in action while three were wounded. The NPA sustained no casualties. The Red Army recovered an M-16 Armalite rifle.

Kadyawan said the military bragged about its victory in setting up the so-called Barangay Defense System (BDS), which proved vulnerable to rebel attack.

“The guerilla action is a slap on the enemy’s face who just recently declared that Baganga in Davao Oriental is said to be NPA-free,” he added.

The attack occurred on the eve of the NPA’s 41st anniversary and even after authorities heightened security in areas where rebels are actively operating.

Last week, rebels raided a fruit plantation in the village of Guinhalinan in Surigao del Sur’s Barobo town and destroyed four excavators and two bulldozers owned by a sub-contractor of DOLE Philippines Inc.

NPA forces also attacked a military detachment in the village of Luz in North Cotabato’s Mlang town and killed a government militia and wounded two more before ransacking an army detachment and seized 35 assorted high powered weapons.

But the military downplayed the attacks and branded them as terrorism.

“For more than four decades now, the New People’s Army celebrates its anniversary founded on greed rationalized by the Marxist-Leninist-Maoist creed. No wonder why the lowly NPA rebels in the mountains are fighting a losing war to satisfy the whims and caprices of their leaders who have been enriching only themselves and their families; to the detriment of the NPA rank-and-file, all in the guise of fighting a legitimate cause,” said Col. Daniel Lucero, assistant chief of staff for Civil-Military Operations of the Philippine Army.

He said the NPA is synonymous to violence and an enemy of Philippine democratic ideals.

“It is ironic to see the Communist Party of the Philippines-New People’s Army-National Democratic Front still electing to adhere to a system long outdated by evolution and modernity. Other than being a money-making extortion business with an objective aimed at advancing the personal and political ambitions of its leaders, the agenda of the CPP-NPA-NDF are quite dubious,” he added.

Operational lapses caused 11 deaths: AFP

By Victor Reyes

Malaya – www.malaya.com.ph

Wednesday, March 31, 2010

ARMY investigators have established that "operational lapses" led to a clash with New People’s Army insurgents in Mansalay town in Oriental Mindoro early this month.

The clash left 11 soldiers dead and seven injured. The military also lost 19 high-powered firearms to the NPA.

The Army’s Board of Inquiry recommended the discharge of four enlisted personnel who were among the 11 survivors in the operation, and the relief of Lt. Col. Randy Sinocruz as commander of the 4th Infantry Battalion.

Sinocruz is being faulted for failing to provide close supervision over the troops involved. He will be replaced by Col. Johnny Macanas.

Army chief Lt. Gen. Reynaldo Mapagu had also ordered the relief of the company commander, 1Lt. Romel Toriado, apparently also for lapses, said Army spokesman Lt. Col. Ernesto Torres.

On March 6, a platoon from the 23rd Division Reconnaissance Company conducted combat operations against a group of about 50 rebels encamped in Panaytayan village.

Officials have said the soldiers were caught by surprise by the rebels.

A subsequent investigation was pursued by the Army due to the number of deaths and firearms lost, the most in recent years in a single encounter with the insurgents.

The investigation was headed by Brig. Gen. Rolito Abad, the Army’s inspector general.

"The BOI...found that there were indeed some operational lapses on the part of the operating troops, led by 1Lt. Ronnie Sipsip (who was among those killed) and on the part of Lt. Col. Sinocruz, commander of the 4th Infantry Battalion," Torres said.

"The troops failed to accurately assess the indicators of an enemy offensive, like the presence of the three suspicious persons at the encounter site who were flashing on and off their flashlights prior to the incident and pretending to be looking for their carabao," he said.

Torres said there was also "lack of close supervision and control" on the part of Sinocruz "over the personnel of the operating troops involved in the battalion-initiated combat operation, particularly during the planning phase."

However, the investigators found no reason to punish Col. Carlos Quita, commander of the 203rd Brigade.

"There were no operational lapses that he (Quita) committed in relation to the ambush incident," said Torres. "As the most senior commander in the area, Colonel Quita acted accordingly on the situation on the ground."

The four recommended for discharge were Pfc. Guerero dela Cruz, Pfc. Glenn Guibone, Pfc. Obar Ercilla, and Pvt. Juralph Culili.

"The BOI recommended the discharge of the four survivors who remained in the engagement area during and immediately after the ambush incident for violation of Articles of War 76 (misbehavior before enemy) and 97 for conduct prejudicial to good order and military discipline," said Torres.

As to the seven other survivors, further investigation was recommended. Torres said the seven "were able to immediately withdraw from the ambush incident."

In Laguna, two soldiers died in an ambush staged by suspected NPA member in Burdeos town Monday, the NPA’s 41st founding anniversary.

Fatalities S/Sgt. Isidro Cruz and Pfc. Romel Gemale were both detailed with the Army’s 1st Infantry Division.

Lt. Col. Noel Detoyato, assistant chief for civil military operations of the Army’s 2nd Infantry Division, said the two were aboard a motorcycle when they were fired upon by four to seven suspects in Aluyon village at 2:30 p.m. The two, in mufti and unarmed, came from a detachment in the same village and were on their way to the market in the town proper when attacked.

Detoyato said they have not actually determined the ground affiliation of the suspects "but we suspect it’s the NPAs."

"6 sundalo dedo sa atake ng NPA", "QC court junks rebellion raps against Ampatuans", "Army bares alleged rebel demand letters"-News Updates, 30Mar10

6 sundalo dedo sa atake ng NPA

Ni JB Salarzon

Abante – www.abante.com.ph

Martes, Marso 30, 2010

Tumimbuwang umano ang anim na sundalo sa ginawang pag-atake ng mga rebeldeng New People’s Army (NPA) habang ang mga biktima ay nagpapa­hinga sa bulubundukign bahagi ng Sitio Pagbaba­yan, Barangay Mahan-ob, Banganga, Davao Oriental kamakalawa.

Batay sa pahayag ng NPA-Antonio Nerio Antao Command ng Front 15 sa pamamagitan ng taga­pagsalita nito na si Dyo­mabuk Kadyawan, naganap ang pag-atake ng mga rebelde dakong alas-7:00 ng umaga.

Aniya, ang mga nasawi ay kasapi ng 67th Infantry Battalion.

Agad namang pinasinu­ngalingan ito ni Lt. Col. Randolp Cabanbang, tagapagsalita ng Eastern Mindanao Command (Eastmincom), ang pahayag ni Kadyawan.

Sinabi ni Cabangbang na isang sundalo lamang ang nasawi habang isa naman ang nasugatan.

Hindi naman nito binanggit kung sino ang nasawi at ang nasugatan.

Ang pag-atake ng rebeldeng NPA ay isinagawa isang araw bago ang ika-41 anibersaryo ng rebolusyonaryong armadong kilusan.

Ayon pa kay Kad­yawan, kanilang nasubaybayan ang pagpasok ng mga sundalo sa lugar at hinintay lamang ang pagkakataon para umatake.

“Ang aming opensiba ay malaking dagok sa reaksiyonaryong militar na una nang nagdeklara na wala na umanong NPA sa Banganga,” ani Kadyawan.

QC court junks rebellion raps against Ampatuans

By Julie M. Aurelio

Philippine Daily Inquirer – www.inquirer.net

Tuesday, March 30, 2010

MANILA, Philippines—Citing lack of evidence, the Quezon City Regional Trial Court Monday dismissed rebellion charges against Gov. Andal Ampatuan Sr. and six other members of his powerful clan in connection with the Nov. 23 massacre of 57 people and ordered their release.

In an 18-page order, Judge Vivencio Baclig of RTC Branch 77 said that the prosecution committed abuse of discretion by “ignoring a clear lack of evidence to support a finding of probable cause.”

“The essential element of public armed uprising against the government is lacking. There were no masses or multitudes involving crowd action done in furtherance of a political end,” Baclig said.

There was no showing that the purpose of the uprising was to overthrow the duly constituted government in order to establish another form of government, and thus the second element of the crime of rebellion was also absent, he said.

“Absent the required probable cause for rebellion, the prosecution should not have proceeded to file the case against the accused.”

Baclig ordered the release of the Ampatuans “unless they are held by a court of law for other lawful causes.”

In Davao City, Lt. Col. Randolph Cabangbang, spokesperson of the Eastern Mindanao Command, said the Ampatuan patriarch and members of his family were facing other cases in connection with the massacre and could not be freed.

Because the Ampatuans are also facing multiple murder charges before RTC Branch 221’s Judge Jocelyn Solis-Reyes, the accused would remain in detention while awaiting trial for the massacre, said acting Justice Secretary Alberto Agra.

Agra said that Reyes had found probable cause in the multiple murder case to warrant the continued detention of the accused.

“That’s settled,” Agra said, adding that state lawyers would ask Baclig not to effect the release of the Ampatuans in view of Reyes’ standing order for their continued detention.

Lawyer’s plea

Sigfried Fortun, the Maguindanao governor’s lawyer, said that his client should be released because Reyes had not issued an arrest warrant for multiple murder.

The reason for this, according to government lawyers, was that the accused had already been under arrest.

Other members of the Ampatuan clan detained for rebellion are Autonomous Region in Muslim Mindanao Gov. Zaldy Uy Ampatuan, Akmad Tato Ampatuan, Anwar Ampatuan and Sajid Islam Uy Ampatuan, Takpan Dilon and Esmael Canapia.

They, along with more than 20 others, were charged with rebellion by the Department of Justice for allegedly planning a rebellion after the massacre of members of the rival Mangudadatu clan who were on their way to file a certificate of candidacy for governor.

Thirty journalists were among those slaughtered in the largest group of media people killed in one incident anywhere in the world.

The Ampatuans were arrested in early December last year following the declaration of martial law in Maguindanao, which lasted for eight days.

No control over police

Lt. Gen. Raymundo Ferrer, who served as martial law administrator, had testified that there was no more control over the police in Maguindanao and that police involved in the massacre no longer followed orders from the chain of command.

The prosecution anchored its claim of rebellion on four scenarios: The absence of prosecutors to litigate the massacre; massive formations of armed civilians; employees went on mass leave, paralyzing local government units; and courts were not functioning.

However, Baclig pointed out that there was nothing on record to support the scenarios.

The court noted that evidence on record showed that Datu Unsay Mayor Andal Ampatuan Jr., the governor’s namesake son and principal suspect in the massacre, was made to undergo inquest proceedings after he was taken into custody.

As to the supposed massive formations of armed civilians, Baclig said the photos submitted “hardly portray a menacing and violent armed mob that is poised to undermine governmental authority.”

No signs of hatred

“In fact, none of the exhibits will show that anyone of the protesters is armed,” Baclig said, adding that some of the placards used by the protesters even displayed statements such as “We love you Madame President” and “We want due process.”

“It is clear that these are not statements of hatred or anger with political purpose of toppling the present government; instead they are expressions of respect for lawful authorities,” Baclig said.

He noted that the supposedly nonfunctioning local government units were closed down by the Department of Interior and Local Government and the Philippine National Police, “without any justifiable reason.”

Baclig noted that the government even declared martial law and a state of emergency in the province, and said that “no armed group would be bold and daring enough to challenge the might of government forces deployed in the area during that time.”

In a motion for reconsideration, Datu Zaldy Ampatuan asked Reyes to junk its previous order naming him as one of the 196 respondents in the massacre case. He said there was “undue haste” in the prosecution’s finding of probable cause against him.

In a separate motion, the governor and his namesake son also asked Reyes to scrap its March 24 order including them in the multiple murder charge. With reports from Dona Z. Pazzibugan, Marlon Ramos and Jeffrey M. Tupas, Inquirer Mindanao

Army bares alleged rebel demand letters

By Mars W. Mosqueda Jr.

Manila Bulletin – www.mb.com.ph

Tuesday, March 30, 2010

TAGBILARAN CITY, Bohol — Authorities here have launched an investigation on the alleged permit-to-campaign demands of the New People’s Army (NPA) after the Armed Forces of the Philippines recovered at least two demand letters allegedly prepared by the rebel group.

Philippine Army (PA) Major Jose Laplap, Executive Officer of the 2nd Forces Battalion based in Bilar town said he has in his possession two extortion letters, one carrying the logo of the Communist Party of the Philippines — National Democratic Front (CPP-NDF) and the other in the form of a page torn from a notebook.

Laplap said they are particularly conducting a probe on the letter bearing the CPP-NDF logo as the tone of the letter “sounded real” while the other one was dismissed as a mere extortion note and not coming from the NPA.

The extortion note, written on a sheet of a notebook, demanded R25,000 from a businesswoman while the tenor of the other letter sounded more authentic, said Laplap.

Bohol Police Provincial Office (BPPO) Director Anthony Obenza said his office has not received any report on extortion letters or demands for a permit-to-campaign from the rebel group.

A company of police reinforcements from the Regional Public Safety Group, formerly the Regional Mobile Group, has already been sent to at least three towns in Bohol to ensure peace and order during the entire campaign period for local candidates.

Obenza earlier said the additional police force has been sent as augmentation force to the towns of Getafe, Trinidad, and Ubay to maintain peace and order.