“We will end the long oppression of barangays by rebel terrorists who kill without qualms, even their own. Sa mga lalawigang sakop ng 7th Division, nakikibaka sa kalaban si Jovito Palparan. Hindi siya aatras hanggang makawala sa gabi ng kilabot ang mga pamayanan at maka-ahon sa bukang-liwayway ng hustisya at kalayaan.”
These words were spoken by Gloria Arroyo in her state-of-the nation address, July 24 last year.
This is one proof that all killings allegedly perpetrated under Maj. Gen.(ret.) Jovito Palparan’s command was encouraged and approved by Gloria Arroyo. Under the principle of command responsibility, Arroyo should be held liable for those killings.
We view with hope the statement of Manila Regional Trial Court Judge Silvino Pampilo Jr that the juidiciary is holding commanders and police officers “criminally liable” for their subordinates’ actions under the doctrine of command responsibility.
(By the way, I must disclose here that Judge Pampilo presides over the libel case filed by Mike Arroyo against former Senator Tatad, Malaya publisher Jake Macasaet and several Malaya editors and reporters including myself.)
Pampilo made the statement in connection with the forthcoming summit on extra-judicial killings proposed by Supreme Court Justice Reynato Puno scheduled on July 16 and 17.
Pampilo explained, “In criminal law, a commander cannot be held liable if he is not a principal, an accomplice or an accessory. But under the principle of command responsibility, he may be held criminally liable if he tolerated, failed to prevent or played blind to extrajudicial killings and enforced disappearances committed by his subordinates.”
Pampilo said that Arroyo as commander- in -chief of the Armed Forces of the Philippines is covered by the principle but would be liable “only after she steps down from office.”
Not surprisingly, Executive Secretary Eduardo Ermita, a retired general, takes exception to Pampilo’s view. He said, “First of all, the President is the Commander in Chief, and there is such a thing as the level of application. From my understanding given to me by the generals, especially the chief of staff, it applies to the next … two ranks higher – for example, if you are a company commander, it applies to the battalion and brigade commanders.”
Ermita further said, “So these things shall apply to military personnel. But I do not see how you can let it apply to the President who happens to be the head of state. After all, the national leadership does not tolerate any such activities happening.”
Does not tolerate killing? Ermita should tell that to Bayan’s Satur Ocampo and company.
Renato M. Reyes Jr., Bayan secretary general, who has seen a number of their members killed and tortured by Arroyo’s generals, said Ermita only looks ridiculous and incredulous when he says that command responsibility can only apply to officials two ranks higher than the perpetrator. “This interpretation is an invention of Ermita and runs contrary to accepted principles of international law wherein even heads of state can be tried for crimes involving human rights abuses,” he said.
Reyes said Arroyo cannot wiggle herself out of her clear liability in the killings especially since the deaths and abductions have not stopped despite the so-called “measures” being taken by her regime.
Reyes said the phenomenon of political killings has taken on a national character. It is the result of a national policy that emanates from the commander-in-chief and the AFP brass. The national policy on political killings includes Arroyo’s “all-out war declaration” against the Left, the internal security plan Oplan Bantay Laya 1 and 2, as well as other Malacañang and AFP issuances and directives such as Operation Bluetooth and Knowing the Enemy.
Reyes also said none of these national directives have been rescinded by the Arroyo administration. The regime has been more preoccupied with damage control moves and PR repair rather than on prosecuting the perpetrators of the killings, he said.
Reyes dared Arroyo to revamp her entire security cluster starting with the firing of national security adviser Norberto Gonzales and the relief of AFP chief Hermogenes Esperon. “Both have shown complicity in the campaign of repression against the Left. Their pronouncements and actions continue to incite violence against legal activists,” he said.
Pinning down responsibility on a crime that is part of a national policy on low-ranking military officials is compounding injustice.
Gloria Arroyo should not be allowed to have her cake and eat it too. She can’t enjoy the power that comes with her stolen presidency and wash her hands off the responsibility over the havoc – material and moral – wrought under her watch.
“under the principle of command responsibility, he may be held criminally liable if he tolerated, failed to prevent or played blind to extrajudicial killings and enforced disappearances committed by his subordinates.”
Pampilo said that Arroyo as commander-in-chief of the Armed Forces of the Philippines is covered by the principle but would be liable “only after she steps down from office.”
Now, we all know and say that Schizoglo intends to be there for ever. and the proposed Manila Regional Trial Court Judge Silvino Pampilo Jr get together to discuss holding commanders and police officers “criminally liable” for their subordinates’ actions under the doctrine of command responsibility, will no doubt result in nothing more than a talking shop. Extra Judicial Killings are happening right now but we are only prepared to talk about it, what is required is action now, today!.
Is the problem culture, that at all levels we forever have meetings and talk, and talk some more about the problems we have but find it almost impossible to agree to take some positive action to correct the problem. If this is cultural then we best stop doing it, bite the bullet and solve it now.
Somebody must be criminally resposible for these killings, until responsibility for these killings are taken life here in the Philippines will be seen to the civilised world as being cheap and unworthy.
Lets face facts, even if in criminal law, a commander CAN be held liable if he is not a principal, an accomplice or an accessory, we do not have a professional PNP that can challenge the AFP elitist that are the one’s thought to be part of the killing machine.
Once again, we are putting the cart before the horse when we should be building a professional PNP and confine the AFP to their proper place, which is their barracks, period.
The AFP are trained NOT for investigating the erring civil society but they are trained to KILL! and that how they solve a problem, by KILLING, period.
Unless you visit Mindanao you won’t realise that the AFP consider the general public as their enemy with stop, search and detaining without warants, whilst they allow the terrorist rebels roam around freely, passing through so called AFP surrounded areas made to capture terrorist rebels.
Why, because the AFP are scared to confront the terrorist, the AFP just talk big, playing war games, dreaming!
The AFP even admitted that two wanted terrorist walked to freedom through a cordon of 5,000 yes you read correctly FIVE THOUSAND AFP troops.
Better if we invest our taxes in employing more police officers and train them properly, thats the way to go, its simple just look at other countries with successful police services able to respond to all types of crime and without the use of firearms. Lets get the AFP confined to barracks where they can shoot at each other for their target practice.
I hope, Ellen, that the prosecutor assigned to these cases of extrajudicial killings will not hesitate to prosecute ALL the guilty.
May God bless and enlight him, and most of all, protect him!!!
Para kay Gloria- ang responsibility niya ay mando lang ng mando- yon ang command responsibility.
By virtue of command responsibility I hereby pronounce Gloria Arroyo guilty of crimes commited by her or her subordinates, be it under the executive or in the military.
She claims being responsible and claims credit if there are some succeeses by her administration. Ipinagyayabang pa niya sa buong mundo. It follows that she should be held responsible and guilty on the failure of her administration to alleviate poverty and stop criminality. Havng cheated on to grab the presidency, she is guilty of election fraud. During her watch, the Philippines has become number 1 in graft and corruption in Asia and gained worldwide notoriety on extra judicial killings.
I doubt if Gloria even understand what command responsibility is. If she does, then she would’ve taken appropriate measures to stop all these extrajudicial killings. As it is, we would be facing more killings, kidnappings and what have you in the country. One should only tract down the fake president’s media pronouncements about her-so-called achievements and how the country’s economy thrives under her leadership!
Kay Gandang Umaga raw, sabi ng bagong ABS-CBN morning show!
Para sa kanila pero HINDI sa mga biktima!
KAKASUKA NA!!!
command responsibility? is it existing in this bogus administration where accountability to its action is alien?
Elvira Sahara:
Iyong kaninang umaga(29June2007, Byernes dito sa Manila) show sa ABS-CBN na “Umagang Kay Ganda” ay may guest sina Pinky Webb at Edu Manzano na bata.
Iyong Batang Aktibista, magsisilbing pag-asa ng future generation. Sa batang edad naipapakita ng bata ang maagang pagkamulat sa realidad ng lipunan.
Sana naman ay huwag itong i-exploit ng team nina Maria Ressa.
Para duon Batang Aktibista: ikaw ang tunay na yaman ng bansa!
Mabuhay ang iyong mga magulang at nagkaroon sila ng isang anak na tulad mo.
IKAW ANG PAG-ASA NG BANSA!
Malacanang and AFP chief General Esperon are still in denial mode regarding extra judicial killings, forced disappearances, massacres, torture and other atrocities. Three military generals have revealed that the Arroyo government has sanctioned political killings against the militants. Gloria and her loyal generals are liable for crime against humanity. This could only happen after regime change. The International Criminal Court has the jurisdiction over extra-judicial killings and forced abductions.
The Arroyo government has not submitted the Rome Statute for Senate ratification. The Rome Statute of the International Criminal Court provides for the ICC to have jurisdiction over three main classes of offences: genocide, crimes against humanity and war crimes. The Philippines is a signatory of Rome Statute. There is no way that the incoming senate will ratify the treaty after Gloria-Villar political horse-trading. Recently, New York-based Human Rights Watch accused the military dirty war against the leftists.
As expected, Gloria Arroyo is just doing lip service stop political killings. In reality, she has no control with her generals. They are loose cannons. It seems they no longer accept orders from their bogus Commander-In-Chief.
RP not doing enough on killings amid outcry: EU official
Despite rising international concern, President Arroyo’s government is failing to properly address the “plague” of extrajudicial killings in the Philippines, a European Union official said Friday.
Alistair MacDonald, the European ambassador to Manila, made the comments as an EU assessment team wound up a mission here to look at how western Europe could help Manila solve the problem.
He told a joint media conference with Arroyo aides that even though Manila had recognized it had a “serious” problem, “the killings have continued, abductions continue”.
http://www.abs-cbnnews.com/storypage.aspx?StoryId=82875
Just read that “ARROYO EYES AMNESTY FOR ALL”! This would include all the rebels of her administration. Hmmm, this is too good to be true. Would this be a prelude to her very harsh “anti-terror bill” or is it just a ploy to please the EU so she can have more funds to finance her more ambitious endeavors.
I am not used to seeing the tiyanak humble herself unless there are monetary conditions attached to it. We have to be careful with her moves!
I wonder if this softening up is related to the three generals knowledge of the extra judicial killings. The truth will come out sooner or later. I do not trust the tiyanak!
It is also possible that the tiyanak is timing this “amnesty” to the implementation of the anti-terror bill which will be in effect soon. So, by knowing who her enemies are, she can just put them in jail one after the other using the anti-terror bill. What tiyanak says is not what she does. This is the main problem!
Unless, of course the tiyanak knows that there is no where to go and she waives the white flag, a sign of surrender!
If and when the rebels accept amnesty, RP will then become the kidnapping capital of the world.
Go figure.
——
DKG:”…In reality, she has no control with her generals.”
Thank God, I thought I read “genitals”!
Seriously, psb, I agree that it may have something to do with the 3 generals who are testifying before an AT4 inquiry in the Senate. They can’t invoke EO 464 nor can they hide behind executive privelege or national security.
It’s murder, plain and simple.
I hope that when the tiyanak implements the so-called amnesty that there will be no strings attached. Quite frankly, these imprisoned idealist may have peace with themselves in not kissing anyone elses ass!
PSB:
May naniniwala pa ba kay Gloria unano? Dapat wala, for many times, this creep has uttered she actually probably does not even understand. What she says today is different from what she said yesterday and definitely will be different from what she will say tomorrow. Wala nang pag-asa iyan. PATALSIKIN NA, NOW NA!
huwag nang paniwalaan pa ang sinasabing amnestiya na ‘yan na binabalak ialok ni gloria MAKAGARAPAL arroyo sa kanyang mga itinuturing na kaaway sapagkat katulad din ito na ginawa ng kanyang asawang baboy na “PAGPAPATAWAD” daw sa mga mamamahayag na “nagkasala” sa kanya.
huwag kalilimutan ang kanyang mga naunang panlilinlang na maihahalintulad sa pagkaing buong dingal na inihain subalit PANIS at BULOK na nang ating tikman at kainin.
damitan man ng busilak na puti ang DEMONYO lilitaw at lilitaw pa rin ang buntot at sungay na pagkakakilanlan ng kanyang KADEMONYOHAN!
Sabi nga ng EU reps na nandito sa Pinas, wala nga raw kredibilidad itong gobyerno ni Gloria maging yung terms of surrender ng Magdalo hindi raw maipatupad. Pati mga taga-EU supporters na ni Trillanes?
Tiniyempuhan ni Pandak ang pagdedeklara kuno ng amnesty dahil nadito yung mga taga-EU. As usual, pakitang tao lang. Wala namang mabuting idudulot iyan dahil wala namang sinabi si Pandak na totoo.
Kaya sinabi ko sa post sa taas na magiging kidnapping capital tayo dahil pagkatapos ng amnesty, isa-isa na namang huhulihin iyang mga iyan at sasabihing kidnap case lang. Parang yung kay Jayjay Burgos.
Wala kaming panahong makipaglokohan sa mga sinungaling, mandaraya, magnanakaw at mamamatay-tao, kaya pwede ba, lumayas na kayo diyan at nang umasenso na ang bayan namin? Tsupi!
Iyong Terror Law ng Pilipinas, dapat diyan i-abrogate. Alam ng lahat walang magandang benefit iyan sa mga pilipino, bakit pinayagang iyong mga kurakot na in-OK iyan? Unbelievable! Hindi ako makapaniwala!!! Parang kumuha ng bato ang mga pilipino para ipukpok sa ulo nila ang terror law nila. Yuck! 🙁
tongue,
mas ang ikinatatakot kong maging KILLING FIELD ang ating kawawang bayang minamahal.
IGNORAMUSES the lot of them! Have they heard of crimes against humanity under international law?