SC questions data used to plead for 3rd martial law extension

MANILA, Philippines — Justices of the Supreme Court questioned on Tuesday the data presented by the Armed Forces of the Philippines (AFP) to justify a third martial law extension in Mindanao.

Associate Justice Alfredo Benjamin Caguioa asked the AFP to update its information after observing that official reports on numerous murder, kidnapping and bombing incidents in 2018 did not indicate perpetrators and motives.

Picking apart the AFP’s monthly report that the government submitted to justify martial law extension, Caguioa also noticed discrepancies and missing details in the report.

“Can you tell us how you attribute these incidents to ASG [Abu Sayyaf Group] when there is a failure to identify the perpetrators? I need an explanation of how these encounters amongst them would constitute proof of a pressing rebellion,” Caguioa said in his interpellation of Brig. Gen. Pablo Lorenzo, AFP deputy chief of staff for intelligence.

Caguioa asked how the AFP could classify certain incidents as connected to the Abu Sayyaf when they were tagged as an accident or a family feud.

One incident involves an ASG member accidentally shooting a fellow member because of poor aim.

He said that of the numerous incidents in Mindanao that were mentioned in the report only seven were “exemplars” where the perpetrators had been identified and motives had been established.

Among the exemplars mentioned were an accidental shooting and harassment incident in Basilan because of a family feud, the kidnapping of a pump boat driver in Sabah, and arson.

“How do [these incidents] support the contention that rebellion persists?” Caguioa asked.

Referring to the same report, Caguioa noted that more than half of the 66 incidents mentioned either failed to identify the perpetrators or simply indicated “believed to be ASG,” “suspected ASG,” or “undetermined number of ASG.”

“If these reports do not identify the perpetrators, then what is the basis for the report to say that these acts are attributable to the ASG?” Caguioa asked.

He also said the AFP listed 74 incidents attributed to the BIFF, but they were only able to identify the BIFF with certainty only in 23 of those incidents.

“So that leaves a remaining 51 incidents which, according to this annex that you submitted, are claimed to be BIFF-initiated. How does that support the contention that rebellion persists?” Caguioa asked Lorenzo.

He then ordered Lorenzo and Solicitor General Jose Calida to cover the matter in its memorandum, or summary of arguments, due for submission to the SC on Feb. 4.

Caguioa, who was the first magistrate to asked questions, also asked Lorenzo for a clear qualification and baseline on when the government could declare that rebellion was over.

“When the last rebel is dead?” he asked.

Lorenzo said the decision was not dependent on the killing of every single rebel out there, but rather it was dependent the attainment of the level of security so that no group could impose their will on the people, or when the group could no longer effectively fulfill their political goals.

Gen. Benjamin Madrigal Jr., AFP chief, later told the court that Defense Secretary Delfin Lorenzana earlier told Congress they would lift martial lift if the capability of rebel groups could be reduced by 70 percent.

Associate Justice Associate Justice Marvic Leonen also took to task Calida for the inconsistencies in the military report.

“So how do you explain the inconsistencies, the incomplete statements and the inclusion of rido [Marano term for a clan feud] in the report that was just submitted to the highest court of the land to justify the extension of martial law? We went through your submissions, it was shown you attributed arson, a feud, a kidnapping to rebellion” Leonen asked Calida.

The solicitor general replied they were due mostly due “clerical errors.”

“To err is human,” Calida said.

But Leonen refused to accept the explanation, adding those were not just mere clerical errors.

“Sufficiency of factual basis requires a certain level of consistency and credibility,” Leonen said.

Calida said they would explain it in the memorandum to be submitted to the court even as he admitted that he focused on the arguments and was not able to read all the statistics. /atm