Biyernes, Hulyo 22, 2011



                During the 41st anniversary statement, the Communist Party of the Philippines has boldly declared that in five years time its strength and influence will be already at par with the Armed Forces of the Philippines (AFP)  By attaining this level of advancement called by the CPP as “strategic stalemate”, the communist movement particularly its armed members will now have a liberal opportunity to engage the military in direct confrontations and gain the upper hand in the struggle to overthrow the duly constituted government in the country.  By advancing to this stage, the CPP will now reach a point of irreversibility as it pushes towards a victory of actually controlling the government and dispensing, once and for all, the country’s hard-earned democracy.

                Unbeknownst to the public and ironically even to a great number of the members of the armed forces, part of the CPP-NPA-NDF’s strategy of quickly achieving this stage was already undertaken in 2001 when the movement intentionally created and directed the group called Bayan Muna to participate in the partylist  elections.  The success of the group, through the proclamation of two of its Partylist members in the identity of Satur Ocampo and Liza Masa, subsequently motivated the CPP to employ its other controlled front organizations and register them under the guise of being legal partylist groups.

                From 2001 to date, the achievement of the CPP-NPA-NDF on its new found arena is fittingly proven by the increasing number of Party members being allowed to disguise themselves as legitimate representatives of marginalized sectors. To better elucidate this point, Bayan Muna won two seats in 2001 and has since then been able to obtain the maximum three seats for a partylist group in the 2004, 2007 and 2010 elections.  Other partylist groups of the CPP-NPA-NDF such as Gabriela, Annakpawis, Kabataan, and ACT-Teachers also followed this same kind of victory and have since then enjoyed the unwitting support of the public.

                Recognizing the concrete benefits of employing such political strike and the new revolutionary insights from the Nepal experience, the CPP-NPA-NDF also attempted to position two senatoriables, Ocampo and Masa, in the May 2010 elections and has been allotted a whopping P1 billion pesos specifically for this effort.  To rally their effort for that election, the communist group has even created a broad political alliance  called MAKABAYAN to serve as a political party that was tasked to form alliances with other local politicians, thus quickly expanding their clout among local government officials and a significant number of local government units.

                More crippling than seeing members of the New People’s Army (NPA) parading their firearms among the populace is the fact that full-pledged Party members are now sitting as partylist representatives and are now part of the government – having access to the same resources, 70 million pesos a year each on pork barrel, and information as any other national and local official except  that they are now abusing their legally mandated appropriations to finance the day-to-day operation of the CPP-NPA-NDF and exploiting sensitive documents to raze democracy to the ground.

ANAKBAYAN leader calling for revolution in a KMU rally


                To permanently grasp this strategic stalemate stage and compliment the continuing victory of its party list groups in Congress, the CPP-NPA-NDF saw it fit to instigate varying degrees of political machinations intended at agitating the public against the sitting administration and using such sentiments to propel the people to loath the existing form of government and demand a change.  Among its clandestine undertakings are the following:

1.     Emplacing their Own within Various Government Agencies

The CPP-NPA-NDF has been secretly insinuating a great number of its Party members into different mainstream government agencies to front as legitimate employees.  These personalities have been directly tasked to obtain information and other pertinent confidential documents that would serve as a basis of the Party’s effort to project widespread corruption in various strategic government agencies.

        This culled information is then used by the CPP to conduct exposes and/or are often times peddled to politicians wanting to go against the current administration.  This kind of tactical move is proven by the formation of the group called Confederation for Unity, Recognition and Advancement of Government Employees or COURAGE inside the Department of National Defense right inside Camp Aguinaldo in Quezon City.  It was discovered that Party members are now also employed inside strategic national government agencies, local government units (LGUs), state colleges and universities (SCUs), and government-owned-and-controlled corporations (GOCCs).

        The CPP-NPA-NDF’s infiltration within the government can also be substantiated by the appointment of ATTY ALEXANDER PADILLA as Chief Negotiator and PABLITO SANIDAD, SR as member, in the Government of the Philippines (GPH) peace panel in negotiating with the communist movement.  Both of these personalities are members of the Free Legal Assistance Group (FLAG) and KARAPATAN which are front organizations of the CPP-NPA-NDF.  Through these personalities, the movement was able to make all facets of the peace negotiation beneficial to the communist movement.  This was particularly made evident through the statement of Atty Padilla quoted on the January 20, 2011 issue of the Philippine Daily Inquirer, with the Chief Negotiator letting slip of his plan to “forge” a partnership with the NDF in running the country instead of fighting communism which if translated means the formation of a coalition government with the CPP-NPA-NDF.

        In a wider perspective and as a manifestation of their determination to easily gain these confidential data from different government offices, the CPP-NPA-NDF through its various party list groups and their launched propaganda hype has successfully persuaded P-Noy to include their sponsored “Freedom of Information Act” as a priority bill.  Through the passage of this bill, the communist movement will be able to institutionalize the gathering and collecting of  information from various government agencies.

        In line with this effort, Bayan Muna Representative Teddy Casino was able to get copies of documents pertaining to intelligence fund liquidation and some other documents regarding intelligence units of the Philippine Army, Navy and the Intelligence Service Armed Forces of the Philippines (ISAFP) which the CPP-NPA-NDF is now dissecting.  Information culled from said documents will be exploited and manipulated to serve the so-called evidence of a supposed corruption within these units.

2.     Facilitating a Subservient President

In November 2010, the unwitting subservience of the incumbent President Benigno “Noynoy” Aquino, to the CPP-NPA-NDF is factually confirmed by his order to the Department of Justice to drop the charges against the 43 NPA members who were arrested for possession of materials for making bombs and illegal high caliber firearms in February 2010 in Rizal province.  Immediately acting on said directive, the DOJ, through State Prosecutor Gerald Gaerlan, entered a motion to withdraw the information filed against the so-called “Morong 43” on December 13, 2010 with the court.

A mere four days later, the Morong Municipal Trial Court  ordered the release of the 43 NPA members from their detention at the Camp Bagong Diwa in Bicutan, Taguig City on December 17, 2010.  Ironically,  President Aquino still allowed and pushed through the release of said NPA members from their detention despite the ruthless attack from NPA  members against soldiers belonging to 63rd IB, PA that also killed a nine-year old civilian identified as Joven Cabe, ten government troopers and wounded three others in a pre-planned ambush in Barangay Perez, Katubig, Nothern Samar, or a mere two days after the order was made.  In addition to this, NPA members also carried out a raid against a civilian-owned resort in Capiz simultaneous with the Northern Samar attack.  These two aggressive attacks were conducted in spit of a standing 18-day ceasefire agreed to be the CPP-NPA-NDF.

More than inadvertently giving in to the demands of the CPP-NPA-NDF regarding the release of their full pledge members, President Aquino was also hoodwinked into directly mocking the judicial process in the country and directly attacking a co-equal branch of government.  Prior to the February 06, 2010 arrest of said NPA members, a search warrant was officially obtained from a Trial Court in Cavite.  The judge who dispense the warrant already found that there was probable cause to merit a search of the resthouse compound in Morong earlier reported as training camp of the CPP-NPA-NDF.  From this initial step alone, one can already conclude that the AFP and PNP both had the intent of following the prescribed judicial process in the country and had no intention of going around legal proceedings.

P-Noy’s order to the DOJ to drop the charges effectively interrupted the wheel of justice as it directly short-circuited legal proceedings particularly the grounds for withdrawal of information.  Technically, under Section 3, Rule 117 of the Rules of Court and applicable jurisprudence, criminal information may only be withdrawn at the instance of prosecution after arraignment and during trial on the following grounds: 1) failure to charge an offense; 2) lack of jurisdiction over the offense charged; 3) extinction of the offense or penalty; and 4) the defendant would be placed in double jeopardy.

Clearly, none of these grounds is attendant in the Morong case as all the accused were charged under valid information and the Morong court trying the case has jurisdiction over the person of the accused and the offense charged.  This was shown by the fact that the offense was committed within its jurisdiction and the arraignment confers upon the court its jurisdiction over the person of the accused.  Further, prescription of the offense has not ripened as the criminal charges were filed within the allowable period prescribed by the rule of court.  Similarly, double jeopardy has not set in as the case was then still undergoing trial.  With these, there was no clear justifiable reason for P-Noy’s order to move for the dismissal of the case.

Through P-Noy’s order, the CPP-NPA-NDF was able to use his position as the president of the country to directly usurp the powers of the Judiciary which according to the Article 8, Section 1 of the 1987 Constitution is the sole branch of government that is constituted to give a ruling on whether a right is violated or not or whether there has been a grave abuse of discretion on the part of any branch or instrumentality of the government.

Aside from the Morong 43 case, P-Noy has also proven his submissiveness to the dictates of the CPP-NPA-NDF when he approved the proposal of the Office of the Presidential Adviser on Peace Process (OPAPP) in lifting the standing warrant of arrest for NDF Chief Negotiator Luis Jalandoni under the simple guise of exercising his executive privileges and the excuse of leveling the playing field. 

It should be noted that despite the applied Joint Agreement on Safety and Immunity Guarantees (JASIG), its implementation per se cannot hold the said warrant in abeyance without prior sanctions from the court.  In so doing President Aquino has ultimately been instrumental in obstructing the course of justice for the 67 murder victims in Inopacan, Leyte and has already failed in pursuing the right recourse of justice which he ironically claims the very fabric of his decision to release the Morong 43 detainees.

3.     Conspiracy with Rightist Groups and Former Enemies

Collusion between two opposing groups in their attempt to reach a common goal has always been a part of this country’s political history.  Interest groups who have varied ideologies and espousing highly divergent means often form tactical alliances to attain their penultimate objective which is to destabilize the setting administration and thereby topple the government.

This kind of tactical alliance has now been re-established between the CPP-NPA-NDF and Reform the Armed Forces Movement (RAM) which was officially re-launched by retired Gen. Danilo Lim and Major General Renato Miranda, the former commandant of the Philippine Marines, on November 30, 2010 at the Quezon Memorial Circle.  The RAM was specifically re-launched to consolidate support from the ranks of the armed forces and facilitate self-proclaimed “witnesses” from the AFP who will purposely testify in the Truth Commission formed by President Noynoy Aquino with regard to alleged corrupt practices during the Arroyo administration’s term.

However, the rightist group’s thrust was deliberately shifted to the plunder case of former military comptroller Major General Carlos Garcia, following the Supreme Court decision that declared the (Truth) commission as unconstitutional.  RAM is now focused on highlighting the perceived defect in the plea bargaining agreement entered into by the Ombudsman and Garcia in an effort to trigger public condemnation and consolidate support to its made-up cause against corruption.
Said launched was later followed by a clandestine meeting between some rightist and leftist elements, a prominent politician and (Ret.) Lt. Col. George Rabusa a few days prior the first hearing of the Senate Blue Ribbon Committee on the AFP fund scam held on January 27, 2011.  The meeting attended by Danilo Lim, a high-ranking CPP Party member in the identity of Fr. Albert Alejo and Senate President Pro Tempore Senator Jose “Jinggoy” Estrada to include Rabusa discussed the planned expose then to be initiated by said budget officer on the alleged corrupt practices within the military.

The newly-launched RAM led by (Ret.) Gen Danilo Lim convinced (Ret.) Lt. Col. George Rabusa to act as “state witness” for the Senate-led inquiry on Gen. Garcia’s plunder case.  Lim effortlessly obtained the support of Senator Jinggoy Estrada for the appearance of Rabusa before the Blue Ribbon Committee through Atty. Noel Malaya as Lim sold the idea of giving Sen Estrada the opportunity to get-back at his father’s former “deserters” who included former AFP Chief of Staff Gen. Angelo Reyes.  Furthermore, Lim was able to persuade Sen. Estrada to fund the protection of Rabusa including the arrangement of his exposes and/or statements against former AFP officials.

Part of these arrangements was the utilization of two (2) PR firms associated with Sen. Estrada.  These PR firms include the Agents International, Inc. which is operated and/or owned by Aurelio “Reli” German and the one associated with a certain Bien Co.  It should be noted that German is a renowned militant figure during the Martial Law years in which he co-founded the August Twenty-One Movement (ATOM).  Subsequently, German’s firm officiated the campaign and served as former President Joseph Estrada’s spokesperson during the 1992  elections.  The said firms were tasked to propel propaganda-rigged statements and/or articles intended at dragging the Garcia plunder case particularly the AFP payola issue.

Accordingly, the arrangements between Sen. Estrada and (Ret.) Lt. Col. Rabusa are part of the so-called renewed call for a Transitory Revolutionary Council (TRG) hinted and used as bait by the group of Lim in collaboration with the CPP-NPA-NDF.  Rabusa’s testimony together with the propaganda works of the abovementioned PR firms were meant to agitate the issue of embezzlement inside the AFP which is being deliberately fanned and is intended to have the AFP hierarchy and its ranks vulnerable and/or attuned to coup recruitment which would then lay the groundwork for a swift military takeover.

Senator Estrada was briefed of such plan and was assured that the TRG would allow the holding of a snap election, specifically six (6) months after its purported takeover.  The said time table was with reference to the recently conducted publicity and/or public confidence survey for the possible next president of the country wherein Estrada got the top rank, followed by Senators Revilla, Escudero, and Vice President Binay.

Aside from colluding with rightist groups, the CPP-NPA-NDF has now also dispense its feuding with former allies from the Rejectionist (RJ) bloc to fast track the attainment of the strategic stalemate stage.  The conspiracy is best proven by the blatant joining of CPP allied party list groups with thiose aligned with the group called Akbayan in targeting Ombudsman Merciditas Gutierrez via the filling of impeachment cases at the House of Representatives in July and August 2010.  This new move is a far cry from 2004 public war that Jose Ma. Sison and Walden Bello staged to project the latter’s international distancing from the CPP-NPA-NDF and be viewed as a group that is separate from the communist movement.  Using a suppose liquidation hit list as revealed by “Ang Bayan”, a CPP official publication, in December 2007, Walden Bello has successfully projected himself and Etta Rosales as personalities who oppose the violent method of the communist group and thus being more trustworthy than the thugs of the CPP-NPA-NDF.

However, these groups have inadvertently revealed their long-standing secret alliance when Etta Rosales ironically defended the so-called “Batasan 5” composed of Ocampo, Casino, Joel Virador, Maza and Rafael Mariano when they became the subject of rebellion charges in 2006 and when Riza Hontiveros-Baraquiel met with leaders of the Alyansa ng mga Mambubukid sa Gitnang Luzon (AMGL) and Kilusang Mambubukid ng Pilipinas both CPP-allied front groups, to consolidate support from their ranks for an on-going move to oust President Noynoy Aquino a year after from now.

Jose Ma. Sison explaining the legal component of the revolution

4.   Discrediting the AFP and Demoralizing its Ranks

Taking the cue from Rabusa’s testimonies in the Senate Blue Ribbon Committee, the CPP-NPA-NDF through a memorandum issued by its front group Bayan-Southern Tagalog, has directed its other controlled organizations to exploit the claims of Rabusa, particularly taking advantage of such expose to further discredit the AFP and demoralize its ranks.  Furthermore, the group urged its cadres to compliment said move with on-going anti-PNoy mobilizations and/or propaganda statements by exposing the current administration’s failure to hold former President Arroyo and her allies accountable for graft.

Accordingly, Bayan-ST plans to hold a nationwide info drive and/or forum on the testimony of Rabusa and the corruption-riddled AFP bureaucracy.  As such, on February 11, 2011, Fr. Albert E. Alejo, S.J. of Ateneo de Davao and Sr. Mary John Mananzan led around 350 UP and La Salle students in a forum dubbed as “May Pabaon ka ba Dyan?” held at la Salle College of St. Benilde Campus in Taft Avenue.  This forum was graced by known CPP Party members such as Congressman Teddy Casino, Judy Tuguiwalo, Ramon Casiple and Fr. Joe Dizon and two other personalities highly identified with former President Joseph Estrada susch as Atty. Noel Malaya and Bibeth Orteza.  The activity was also keynoted by Rabusa and Captain Joenel Pugoy, PAF who exposed alleged anomalies within the Philippine Air Force.

To further malign the AFP and shake up its ranks, Bayan Muna Representative Neri Colmenares issued an official statement on February 15, 2011 via the Philippine Star declaring off a 179.4 billion peso discrepancy in the AFP budget for personnel services.  The intention of such statement was to prod his colleagues in Congress to jump on the allegation and call for yet another congressional investigation.  Taking the bait, Muntinlupa Representative and House Committee on National Defense Chairman Rodolfo Biazon subsequently filed House Resolution 967 calling for a congressional investigation on the allocated budget of the Armed Forces and how such allocation is being spent.

Aside from the claims on the 179.4 billion peso discrepancy for personnel services, Colmenares has also called for congressional investigations on the actual disbursement of the AFP Modernization Fund, particularly focusing on an alleged 5 billion peso discrepancy in 2009; a result of their group’s ongoing study of the budget requested by the DND-AFP, what was appropriated and how it was spent.

To complete the attack and further make the AFP vulnerable, the eight representatives of CPP-NPA-NDF allied party list groups jointly filed House Bill 4127 or the “Intelligence and Confidential Funds Transparency Act of 2011” in February 2011 in their attempt to legally audit the intelligence and confidential funds of the government. 

HB 4127 seeks to audit seeks to audit the intelligence and confidential funds of the Office of the President, AFP, PNP and other government agencies.  Under said bill, a joint congressional oversight committee on intelligence and confidential funds will be created to conduct a semi-annual review of the status and implementation of all program and activities finance by intelligence and confidential funds while all government agencies receiving intelligence funds will also be required to submit a detailed quarterly report on the disbursement and use of such funds to the Senate president, Speaker of the House and the COA.

The effectiveness of such propaganda-rigged statements has now swayed the public to view the AFP as the most corrupt government agency based on recent survey conducted by Pulse Asia.  From the previous 8.1% rate in 2009, the number of Filipinos who considers the military institution as the most corrupt significantly rose to 48%.  The non-commissioned survey, conducted from February 24 to March 6, 2011, was suitably launched during the congressional investigations on the alleged corruption involving former high-ranking military officials based on testimonies by former AFP budget officer George Rabusa and former ste auditor Heide Mendoza.

On March 30, 2011, the Department of Justice through Secretary Leila de Lima has created a five-man Fact Finding and Evidence Evaluation Committee to specifically investigate allegations of corruption in the AFP.  By virtue of Department Order No. 237, the committee has been given the power to receive communications, information and report of graft and corruption and/or any anomalies within the said institution and recommend the filling of charges against such person who appear responsible and liable.  The committee will be composed of Assistant City Prosecutor Alfredo Agcaoili as head and State Prosecutor Merba Waga, State Counsel Charlene Mae Tapic and lawyer Gregorio Arizala as members.  Ironically, the AFP readily welcome said development and has even promised to provide DOJ the necessary testimonies and documents from the military institution.

On April 20, 2011 an ad hoc DND special investigation committee has also called for the auditing of AFP intelligence fund and placing of key military officials in civilian control.  Under said proposal, the AFP’s oversight offices such as the internal auditor, ethical standards and public accountability, judge advocate-general, and inspector-general will be removed from the supervision of the military chain of command and will ba placed under the DND.  Easily moved by the deliberate onslaught of corruption allegations and excessive calls for reform, the AFP leadership recklessly offered to submit its intelligence funds to strict auditing rules of the Commission on Audit on April 27, 2011 not minding the direct and indirect repercussions to the country’s national security as this will most definitely paralyze the capability of the military in going against state enemies such as the CPP-NPA-NDF and other threat groups in the country.

Aside from discrediting the AFP, the communist movement has also attacked the Philippine Military Academy (PMA) and has even clamored for its abolition.  On February 14, 2011, Bayan Muna Representative Teddy Casino projected that the institution has been overspending of 2 million pesos a year on each cadet compared to other state scholars but has been producing inferior graduates.  The militant lawmaker has even claimed that the PMA needs to undertake a reform given its flawed value system and training as allegedly proven by the PMA graduates implicated in the AFP fund scam. 

5.     Destroying the Credibility of the Justice System

Through the deliberate machination of the CPP-NPA-NDF, Lauro Vizconde was incited to allege a suppose bribery in the resolution of the Supreme Court on the 1991 Vizconde massacre; a move that the communist movement also calculatedly exploited by creating a broad coalition of so-called victims of injustices dubbed as the “People’s Movement for Justice” or PMJ.  The CPP-NPA-NDF has been using said group to project that the judiciary is riddled with corruption and is using this allegation to clamor for “judicial integrity and reformation” and has even threatened of a possible mass uprising from the public whom they claimed are now angry, agitated and prone to launch another EDZA-type revolution.

The PMJ is led by the CPP-NPA-NDF allied front group of Bayan Muna and Rejectionist front organizations such as Sanlakas, Bukluran ng Manggagawang Pilipino (BMP) and pasang Masda, among others.  It is being spearheaded by former Vice President Teofisto Guingona, a known ally of the left, Liza Masa, Satur Ocampo, rightist personality Ret. Gen. Raymundo Jarque, Lauro Vizconde, Fr. Rodert Reyes and Rasti Delizo.

Apart from these efforts, the CPP-NPA-NDF has also been making use of its own ties with certain legal luminaries to fully exploit the supposedly questionable plea bargaining agreement entered into by the Office of the Ombudsman and Garcia.  Through Senator Teofisto “TG” Guingona III who read letters sent by  University of the Philippines (UP) College of Law Dean Marvic M.V.F. Leonen and University of the East (UE) College of Law Dean Amado Valdez during a Blue Ribbon Committee hearing, the communist group was able to project that majority of those in the legal profession are now questioning the credibility of the justice system and that the clamor for a reform is now widespread.

In addition to this, Supreme Court Justices who had voted to issue a status qou ante order on the impeachment case against Ombudsman Merceditas Gutierrez were also targeted to be a subject of an impeachment complaint from the House of Representatives.  Through the planned initiative of Senior Deputy Majority Leader and Ilocus Norte Representative Rodolfo Farinas, 15 high court justices will be included in his impeachment complaint citing the unnecessary delay caused by the high tribunal in the proceedings to remove Gutirrez, the plagiarism case against Justice Mariano del Castillo, the acquittal of the suspects in the Vizconde murders, and the flip-flopping decision in the cityhood of 16 towns as reasons for the complaint.

6.     Pitting the Different Branches of Government Against Each Other

Separation of powers between co-equal branches of government constitute the bulk of democracy in this country, thus, should be strictly preserved and followed.  Under this doctrine, the legislators enact laws; the executive implements these laws; while the judiciary interprets these laws.  In line with the mandate of the Judiciary, it also settles actual controversies involving rights which are legally demandable and enforceable.  Meddling by any of the two other branches on the other is definitely inexcusable and is in direct violation of the Constitution.

As formerly admitted by President Aquino in hid press conference last October 15, 2010, the matter of Morong 43 lies outside the jurisdiction of the Executive.  More so, the President reiterated that they cannot be released without proper sanctions coming from the court. 
That is, with the availability of evidences which the courts could use to supplant decision.  However, a mere hunger-strike from the Morong 43 and a deluge of statements from militant groups calling for the release have easily impelled P-Noy to issue a directive to the DOJ to drop the charges against the 43 NPA trainees and go against a co-equal branch of government.

This was not the first occasion that the Aquino administration went against Constitutional boundaries.  The first blunder was his proclamation of Executive Order 1 (EO-1) or the creation of the Truth Commission (TC) which by now had been ruled-out as unconstitutional by the Supreme Court (SC).  The said fact-finding commission which was also planned to exercise prosecuting powers but with no obvious target but the former Arroyo administration is said to be the masterpiece of reformed politics that Aquino is trying to push.  That is, not minding the unsettling fact that it will ram against the Constitution.

The fact that P-Noy is trying to go around the judicial process with no viable rationale but his administration’s supposed mantra on “unification through justice”, which has been literally pursued since releasing the Morong 43, is by far the most concrete proof of meddling on the judicial procedure, it is clear that the president is simply trying to pick a fight with the Justice department.  Again, he is muscling against the Judiciary using nothing but his old alibi of politicking.  That is, disregarding the fact that he is violating established doctrines and rule of law particularly on separation of powers between branches of government that enjoys equal and autonomous stature to one another.

Certainly, the recent statement of Aquino giving the tall order to release the Morong 43 serves no other precedent but another encroachment to judicial proceedings.   Likened to the Truth Commission’s constitutionality thug, this administration is again trying to exercise control over matters beyond the realm of its jurisdiction else another infringement out to tear down the country’s courts that serves as the last hallmark of democracy.  If such defiance continues, then it would only be a matter of time this administration losses its reputation.

7.     Clandestine Attacks Against Other Agencies

To project widespread corruption in various government agencies, the CPP-NPA-NDF has been spearheading the following moves and efforts:

a.       Instigated an impeachment complaint against Ombudsman Merciditas Gutierrez for her alleged betrayal of public trust in relation to the controversial World Bank-financed road projects amounting to $10 million.  In a presentation presented to the  House Committee on Justice, Bayan Muna Representative Teddy Casino claimed that Gutierrez failed to act on the WB’s Department of Institutional Integrity (INT) Referral Report in 2007 which tackled the purported evidence of a major cartel involving local and international companies bidding on the NRIMP-1 contracts.

During the deliberation of the impeachment case against Gutierrez on march 22, 2011, the representatives of Bayan Muna, Gabriela, Kabataan Party, Act Teachers and Anakpawis to include those from Akbayan were prominently seen goading their colleagues to vote for the articles of impeachment to be transmitted to the Senate for trial given the hesitation of some of the congressman to go against the Iglesia ni Cristo who verbally opposed said impeachment.

As a result of these efforts, Ombudsman Gutierrez resigned on April 29, 2011.  Despite the resignation, Bayan Muna vowed to make Gutierrez accountable by filling applicable criminal charges against her even offering its pool of “insider witnesses” composed of former and seven high-ranking officials from the Office of Ombudsman to provide evidences which Bayan Muna claimed it was able to gather during the preparation for the supposed impeachment trial.  Notably, Bayan Muna Representative Neri Colmenares was supposed to seat in the panel of prosecutors in said impeachment.

b.      Created another group called People’s Action Against Corruption (PAAC) to front as yet another anti-corruption watchdog that has been spearheading the forthcoming expose of a ranking Bureau of Custom official pertaining to the 40 vans of smuggle rice allegedly misdeclared as construction materials by said agency.   The group which is being supported by CPP Party member Fr. Albert Alejo, S.J. has been utilizing the facilities of Ateneo de Davao for its meetings and other activities.

c.       Initiated the clamor for Malacanang to launch a full-scale lifestyle check among 6,000 resident auditors of the Commission on Audit (COA) through Cavite Representative and Chairman of the Committee on Appropriations Joseph Emilio Abaya, Jr.  By using the allegations of former state auditor Heide Mendoza that some of her former colleagues in COA were in cahoots with corrupt military officials, Rep. Abaya and Gabriela Representative Luz Ilagan both called for all COA auditors to be monitored.

Luis Jalandoni: "peacetalk is another form of legal struggle"

8.     Ensuring the Upper hand in Peace Talks
Taking advantage of the observance of the “Peace Week” on September 25, 2010, NDF Chief Negotiator Luis Jalandoni stressed disappointment on the Aquino Administration’s indifference towards the resumption of talks between the GHP and the NDF and even contested P-Noy’s ceasefire pre-condition to include the AFP statement regarding their newly set deadline for the total exclusion of insurgency in the country.

To compliment Jalandoni’s proclamation, the Philippine Ecumenical Peace Platform (PEPP), also an initiative of the CPP-NPA-NDF, similarly bellowed out the same trail off the current administration with regard to its lack of definitive framework for peace negotiations for secessionist groups.  Easily moved by such propaganda hype launched against his administration, P-Noy readily revamped the peace panel and appointed highly dubious personalities into the official team that would supposedly represent the interest of the government and the people in negotiating for peace with the communist group.
Alexander A. Padilla
GPH Negotiating Panel Chairperson
-Member, Free Legal Assistance Group (FLAG) and Philippine Alliance of Human Rights Advocate (PAHRA), allied with the CPP-NPA-NDF
-Lectured on the Democratic Coalition Government, the form of government to be established after the seizure of power by the communists
-Board Chairman of Initiative for International Dialogue w/c worked for the campaign of MOA on Ancestral Domain
Pablito V. Sanidad
Panel Member
-Founding Chairman of FLAG and board member of the Task Force Detainees of the Phils (TFDP).  Has been involved in the Permanent People’s Tribunal that indicted the Arroyo Administration and the Phil Govt for gross human rights violations.
Ma. Lourdes M. Tison
Panel Member
-Chairperson of the Paghiliusa sa Paghidaet that opposed the counter-insurgency plan implemented in Negros in 1990.
Jurgette Monculada
Panel Member
-General Secretary of the National Federation of Labor and former chairperson of the Womens’s Action Network for Development
Jose Luis Martin Gascon
Chairman, GPH Monitoring Com.
-Board Member of Amnesty International And organizer for Libertas and steering committee member of Kongreso ng mamamayang Pilipino (KOMPIL)
Eugenio Roberto Cadiz
Chair of GPH-MC
-Executive Director of the Libertas
Fr. Albert E. Alejo, S.J.
MC Secretariat Head
-Director of Mindanawan Initiatives for Cultural Dialogue that promotes IP rights in Southern Philippines
-Suspended/transferred to Ateneo de Zamboanga for coddling high ranking CPP personalities in Ateneo de Davao premises
-A CPP Party member himself

Through the appointment of allied personalities such as Padilla and Sanidad, the CPP-NPA-NDF was able to easily obtain from the Aquino administration the following consensus, thus concretizing the upperhand in the negotiations:

a.       Setting no-preconditions before the actual resumption of peace talks particularly on the declaration of a temporary truce, with Peace Adviser Teresita Deles even commenting that a ceasefire is unnecessary to the peace negotiations;

b.      Padilla upon his assumption to the post immediately promising the full-application of the JASIG despite the NDF’s questionable attempt to include NPA members not previously listed as JASIG holders;

c.       Softened P-Noy’s formerly repulsive nature with regard to the communist movement that resulted in the release of the Morong 43 as a purported confidence building measure which also served as catalyst for the CPP to further dictate the course of the negotiations;

d.      Release of yet another CPP Party member, Angelina Bisuna Ipong, as a goodwill measure even before the formal peace talks resumed on February 15 in Oslo, Norway;

e.      Atty. Padilla’s promise on January 18, 2011 to expeditiously release 18 CPP Party members before the second round of formal talks that includes known NPA leaders Danilo Badayos, Leopoldo Caluza, Alan Jazmines and Ramon Patriarca; and,

f.        Getting the nod of the GPH to focus all aspects of the peace negotiations on discussions towards socio-economic reforms and political and constitutional reforms instead of talking about disarmament, demilitarization and rehabilitation of the communist group.

In June 2011, both panels will start discussion on the second item of the substantive agenda on the peace negotiations which is the Comprehensive Agreement on Socio-Economic Reforms or otherwise known as CASER.  Ever since 1998 peace talks, this agreement has been one of the most contentious and democratically overruled plea bargains presented by the NDFP to the negotiating table.  The CASER is a flagship scheme of the CPP-NPA-NDF to constitutionally modify the current socio-economic policy of the country that would be made possible through the agreement and official signing of the government.

Using the argument that inequity of wealth and inter-dependence of the State to foreign nations remain root-causes of the communist struggle in the country, the NDFP is now forcefully pushing the government to execute the following: 1) vetoing foreign capitalist investments in the country; 2) enforcing prohibition against joint-ventures of transnational companies and local capitalists; 3) economic exclusivity or impeding export and import transactions; 4) free land distribution or “Genuine Agrarian Reform”; 5) prohibition against exclusive ownership; and, 6) limiting ownership of land and other State wealth among and between local citizens.

To ensure that the government peace panel concurs on the duplicitous intentions of CASER, Fr. Albert Alejo, S.J. has been using his position as Monitoring Committee Secretariat Head to approach and lobby among other members of the peace negotiating body to accept hook-line and sinker the proffered socio-economic reforms of the CPP-NPA-NDF.  Moreover, the Party has even dictated its controlled progressive groups and sectors to pressure else mislead the GPH to agree and adopt the agreement by issuing official statements in support to the CASER.  More than this deluge of support, the CPP-NPA-NDF has also implanted its own Party members into various religious, labor, farmers and rights group to project backing from actual stake holders for peace.  Deviously, these groups were the exact same rooster of observers or “stake holders” during the negotiations in Norway.  They measure up ad pressuring agents that not only corrupt the judgments of the GPH, but collectively disguise themselves as voices of a “majority” of Filipinos who contest the incessant armed conflicts between the CPP and the AFP.

By giving to these so-called confidence building measures and allowing known allies to form the government peace panel, the Aquino administration has inadvertently played into the hands of the CPP-NPA-NDF.  P-Noy ignorantly allowed himself to be reeled in to the dictates of the communist movement and had even turned a blind eye on the duplicity of the CPP-NPA-NDF with regard to the peace talks which was emphasized in a part of its anniversary statement calling for continuous recruitment stated as “it must increase its membership to an extent that it has a Party branch in a majority of barangays”.

In a display of their arrogance, Jorge “Ka Oris” Madlos, Mindanao spokesman of the National Democratic Front (NDF) openly led a celebration of the CPP anniversary on December 26, 2011 at Mt. Diwata Range in Surigao del Sur which is ironically only a stone-throw away or merely 1.5 kilometers from a military camp.  During the celebration, the NPA also conceitedly showed off 80 young guerillas brandishing M-16 rifles in front of army troops standing guard several kilometers away on the main road and has even hauled 7,000 civilians from nearby towns to project public support for their movement.  It should be recalled that prior to this year, anniversary celebrations conducted by the communist group were often done in secret and away from the public’s eye.


                The effort of the CPP-NPA-NDF to infiltrate various government agencies has been be a veritable tool for the movement to destroy the bureaucracy from within.  Such strategy has most definitely made the communist group a formidable enemy of the government given that it is now easily accessing information in any given government agency and units, obtaining resources from these agencies and is now even working at re-channeling such funds to the operation and sustenance of their revolutionary movement.  More than this, the CPP’s new tact of infiltrating the government has not only provided resources to their ranks but is now also being used to immediately counteract and/or avoid efforts directed against their ranks thus giving them the ample opportunity to enhance their strength and capabilities.  It is also possible that the collated information pertaining to the country’s national security is being sold to the highest  bidder.
                The CPP-NPA-NDF’s victory in placing not only one but a number of Party members in the House of Representatives since 2001 and the placement of similar duplicitous personalities in a variety of local government units and government agencies only show that their influence and hold in the bureaucracy is now irreversible and could no longer be quantified.  This success has been a great factor behind the unquantifiable advances they have achieved in their revolutionary struggle and in fast tracking the attainment of the strategic stalemate stage which the CPP  originally targeted to be reached by 2015.

                The release of the Morong 43 has clearly proven the subservience of the president to the whims of the CPP-NPA-NDF and will in fact only bring about complications to the Aquino administration; a situation that could consequently further jeopardize the government.  For one, P-Noy’s non-consultation with National Security Adviser Retired General Ceasar Garcia with regard to the release of the 43 NPA members and its would-be implications to the peace talks was already a clear indication that a duplicitous entity is now running the affairs of the government and is discreetly working to sabotage the operation of the current administration.  The order to drop the charges has again emphasized the ignorance of P-Noy and the blunders that his leadership has glaringly been committing.  Said move has also effectively pitted the Executive Department against a co-equal baranch of government – the Judiciary – and has also practically alienated the President from AFP and PNP.

                The subservience of the highest elected official of the land to the CPP-NPA-NDF is also proven by the most recent statements of P-Noy regarding the impeachment of Merciditas Gutierrez as he was revealed to have a penchant for repeating every pronouncements and propaganda slurs issued by maoist solons like Teddy Casino and Neri Colmenares.  Using his administration’s mantra for his anti-corruption campaign, he has also justified his direct contribution to the said impeachment and has even called on the public to support such efforts.  Clearly, P-Noy has been taking his cue from communist personalities and has ignorantly echoed their combative stance, deemed only made possible by the presence of Ronal Llamas within P-Noy’s close circle as his political adviser.

                Meanwhile, the reactivation of the Reform the Armed Forces Movement has provided the CPP-NPA-NDF a new ally in their effort to destroy the AFP and the government.  By playing with General Lim’s proclivity for power among other right-wing factions, the communist movement would be able to rally other rightist groups to unwittingly support their current destabilization plot against the current administration.  As such, Lim’s agenda of honing a power struggle inside the AFP would greatly help achieved the CPP-NPA-NDF’s foremost objective of acquiring the level of strategic stalemate in its waged revolution.  The spiraling criticism directed at the AFP to include the disquiet against its officers’ credibility and control is enough to stir armed forces’ rank-and-file and its chain of command.

                As RAM amass these disgruntled or dissatisfied soldiers, the CPP-NPA-NDF particularly its propaganda-wing under BAYAN-ST could easily isolate the current administration – making it vulnerable to the maoist group’s insinuations of being worthless in upholding its promised transparency and reforms.  A demilitarized state, detached presidency and a highly agitated public is enough for the CPP-NPA-NDF to gather support for its cause and hasten the fall of democracy and the eventual establishment of a communist regime.

                The attacks launched against the past CSAFP such as Generals Angelo Reyes, Roy Cimatu and Diomedio Villanueva via their presence at congressional investigations is deemed as a strategy being clandestinely utilized by the CPP-NPA-NDF to send an implied message to the current and future CSAFPs.  Through the promise made by former AFP Chief of Staff General Ricardo David to lawmakers – to cooperate in the probe of former defense officials – the communist movement is able to project that the top leader of the military institution is now unwittingly held hostage while his public submissiveness to lawmakers on the AFP scam issue will send a chilling effect among the ranks that their leader is ready to feed one of his own to the lions.
                Meantime, the inevitable escalation of demoralized troops resorting to either coup or practice of extra-judicial measures over militant groups could pose an added failure to the President’s apparent lapses or failure to attend to issues as sensitive as matters of state security thereby making his presidency vulnerable to politically-finance mutinies that not only projects his presidency inutile but likewise questions his ability to retain loyalty of his subordinates.

                Apart from sowing demoralization within the AFP, recent developments also reveal that the CPP-NPA-NDF has now also marked the destruction of the Judiciary Department.  The call of Vizconde and the creation of PMJ for judicial reform will provide the movement the much needed fuel it needs to agitate the public against one of the pillars of the government and working for the latter to ultimately lose their faith and confidence in the entire justice system; a situation that will most assuredly result to anarchy.  It is also noticeable that severing the President’s ties with the judiciary makes his administration vulnerable to legal disputes.

                With the clandestine attacks launched against constitutional bodies such as the Supreme Court, the AFP, COA and others.  It is only but fair to say that the CPP-NPA-NDF is now gaining headway in its effort to lay down the requisites for its national democratic revolution to finally succeed.  It should be recalled that the successful entry and continued re-election of its front party list groups in Congress since 2001 has been a major accomplishment for the movement; a strategic move that has now accorded the CPP-NPA-NDF not only resources but has also provided them a cloak of legally attacking the very government to which they now belong.

                Meanwhile,  the provisions called in the peddled socio-economic reforms which are now the focus of the ongoing peace negotiations with the CPP-NPA-NDF         are clear a foundation of a Communist realm.  For one, severing diplomatic ties and trade treaties is a measure that will be used to alienate the country from foreign interventions.  The economic independence proposed under the SER is beyond achievement of a self-resliant State.  This is a devious method implemented by communist dictators to keep the State and its people impoverished, minding that the current wealth reserves of the country is not enough to propel progress.  This is s pretext to estrange the citizen from all other political dogma and precept in which the Communist principles and headship remain afloat and permissible.

                Limiting ownership not just on foreign nationals and of locals is basically the bible of Communism.  This is the bedrock of collectivism practiced in a Communist state.  Forcing local capitalists and transnational investors to freely dole out their investments and properties is meant to agitate the present economic practice in the country.  This is a deliberate move to disenfranchise investors and control one of the society’s valuable sector –the major business players.

                There is clearly a section or group dictating the course of this administration to include the very standpoint of the President on matters as essential as the affairs of appeasing the communists and secessionist factions, preserving the conformity between elemental agencies and departments in government, and upholding loyalty and the resolve within the AFP and PNP.  This move is to isolate the President from the AFP and PNP to include instigating a friction between the Executive and Judiciary departments are intended to downsize President Aquino’s control and destroy our democracy.

                Meantime, seeing the furtive achievements of the CPP-NPA-NDF to debilitate various government agencies and institutions and the propaganda successes it has accomplished against the government thus far, it is now highly probable that this communist faction is now also tactically working with its ideological opponents from the Rejectionist bloc.  Manifestation of this collusion between previously warring communist groups can be easily deduced from their similar initiatives in the House of Representatives particularly land zoning, genuine agrarian reform and curtailment of multi-lateral negotiations principally the JPEPA which are all obviously anchored on the CASER scheme of the CPP-NPA-NDF. 

Recalling the past public squabble between Jose Ma. Sison and Akbayan’s Walden Bello in 2005 and the current yet surprisingly camaraderie of the later with representatives of CPP party list groups in Congress, one can only construe that such display of mudslinging enacted by the Sison and Bello was intended to and calculatedly launched to purge the Rejectionist bloc of any communist-mark and facilitate their easy access to the government, which is now better proven by the appointment of Akbayan’s Etta Rosales inside the Commission on Human Rights.