Source: http://www.youtube.com/watch?v=o1Gb0v8UNVU
Pages
Monday, September 30, 2013
Revoltionary Taxation: CPP-NPA by: Mary Wendyl Limutan
Revolutionary
Taxation:
- is a major form of funding for violent non-state actors such as guerrilla and terrorist organizations. Those outside... (e.g. CPP-NPA)
NPA’s approach to taxation
can differ according to the manner in which NPA’s tax collectors
perceive the wealth, power and political position of the business or
individual in question. The NPA’s official ideological discourse
frames this differentiation in terms of class-struggle and reportedly
identifies class enemies, like major business interests, as its main
targets. Reports vary, however, as to the exact nature of the taxes
imposed and the possible consequences for those who fail to pay. It
is generally acknowledged that large business interests have suffered
sabotage and that a number of politicians have been killed. Sources
vary, however, on the subject of middle and lower income groups. Some
sources argue that the NPA takes a less aggressive stance with these
latter groups and that there is little evidence of mistreatment.
The
NPA and revolutionary taxation
A
2005 study, produced for the Philippine Human Development Network
(PHDN) by Dr Noel Morada of the University of the Philippines,
reports that the NPA only collects voluntary or minimal taxes from
lower income groups and that taxation is also minimal for
“medium-size businesspeople and rich peasants”.
In
such cases, it is reported, “there is no compulsory imposition and
no punishment meted on those who do not pay taxes”. According to
Morada: “[t]he use of force in carrying out taxation is only
resorted to against businesses, projects and operations of class
enemies, imperialist agencies and the reactionary government, but
only when they adamantly refuse to pay their tax obligations to the
revolutionary government”. The relevant extracts follow:
There
are three layers in the class application of revolutionary taxation –
on class enemies, on allied classes, and on the beneficiaries of
agrarian revolution. Revolutionary taxation is progressive in
character because its percentages and level of strictness is
class-based. The bulk of revolutionary taxes – up to 90% – is
collected from the exploiting and oppressing ruling classes. It is
minimal and voluntary on the part of the democratic classes,
especially on the part of the toiling masses. The opposite is true in
the case of taxation imposed by the reactionary government, which is
progressive only in name but in reality is regressive because it
encourages wealth even as it taxes poverty.
Revolutionary
taxation is applied secondarily to the operations of the allied
classes, such as the medium-size businesspeople and rich peasants.
But in reality, there is no compulsory imposition and no punishment
meted on those who do not pay taxes. There are really no formal
computations, only proposals that allow accommodations for reasonable
deferments and other considerations, especially because of the
existence of good relations and mutually satisfactory alliances.
Revolutionary
taxation is also carried out among peasants, workers and
semiproletarians due to the certain increase in their income as a
result of victories in revolutionary land reform and other agrarian
struggles. The amount is small, for instance, 2% of the net income of
poor tenants who have benefited from the reduction of land rent. But
all of this is voluntary and is happily contributed by those who have
benefited from the decisive role played by revolutionary political
power. The beneficiaries provide support for the advance of the
revolutionary movement of which they are a part. There is no
compulsory imposition on them, and in reality, it is the
beneficiaries who make their own estimation of the amount to be
provided to the revolutionary movement.
References:
September
10, 2013
Communist Party of the Philippines-New People's Army- National Democratic Front by: Kimberly Dantes and Jansen Navales
COMMUNIST
PARTY OF THE PHILIPPINES- NEW PEOPLE’S ARMY- NATIONAL DEMOCRATIC
FRONT
By
Kimberly Dantes
Jansen
Navales
“…Complacency
would be the very bullet that would kill our freedoms and altogether
drive us into the dimly pit of uncertainty under a Maoist communist
dictatorship. This is the very same attitudinal response/reaction
that caused the demise of freedom and democracy in South Vietnam,
Kampuchea, Laos, and recently Nepal. We surmise that the citizens of
these countries not only failed to do their share in the defense of
their freedoms and rights, especially the right of choice, speech,
and to live as a family, but did not lift a finger to confront and
oppose the onslaught of the communist forces.”
- Jun M. Alcover, ANAD Partylist, 2009
The
statement above shows how people define the CPP-NPA-NDF in the
Philippines. They define each group as a group that uses force to
oust the Philippine government. People see them as people who create
terror and contribute nonetheless to peoples’ suffering. In fact,
some members of the society aim mostly almost the same and that aim
is to stop these so-called rebel groups in order to stop the war
between them and the members of Philippine military troops.
However,
this group claims to have its purpose contrary to how people define
them. In order to understand the CPP-NPA-NDF group, we need to dig
into the world of history. In doing so, the following summary is
given below:
- History of:
CPP
– Communist Party of the Philippines
NPA
– New Peoples’ Army
NDF
– National Democratic Front of the Philippines
- Protracted Peoples’ War
- First Great Rectification Movement
- Second Great Rectification Movement
- Ideology (CPP,NPA and NDFP)
- Aims/Purpose of each Group
- Financial Assistances
- History/Origin of CPP-NPA-NDF
On
Communist Party of the Philippines (CPP)…
The
Communist Party of the Philippines is a leading communist party in
the Philippines. It remains an underground political organization
since its founding on December 26, 1968 and has been operating in
underground manner.
According
to Party documents, in the 1960s, a massive leftist unrest called
First Quarter Storm occurred in the country to protest against the
government policies, graft and corruption and decline of the economy
during the presidency of Ferdinand Marcos. The unrest was also
inspired by the Great Proletarian Cultural Revolution, the Vietnam
War and other revolutionary struggles abroad against United States
imperialist aggression.
One
of the leaders of this leftist movement was Jose Maria Sison, a
founder of Kabataang Makabayan. He was soon recruited to be a member
of Partido Komunista ng Pilipinas (PKP-1930).
On
New Peoples’ Army (NPA)…
New
Peoples’ Army (NPA) is
the military wing of the Communist Party of the Philippines (CPP) and
is a Maoist group formed in March 1969.
The New
People's Army (NPA)
conducts its armed guerrilla
struggle based on the strategical line of protracted peoples’ war.
They collect from business owners in areas where it operates. This
includes mining and logging operations - especially foreign owned
enterprises that provides employment to the people with the belief
that crippling the country's economy would give favor for a
revolution to occur. The Communist Party of the Philippines refers to
the NPA as "the tax enforcement agency of the people’s
revolutionary government".
The
U.S. State department labeled the NPA as a
Foreign Terrorist Organization;
however,
the Government
of the Philippines
has delisted the NPA as a terrorist organization in 2011 and
has resumed preliminary peace talks.
The
New People's Army traces its roots to the HUKBALAHAP
( or Huks), which was organized by the old Partido
Komunista ng Pilipinas
(PKP) during
the Second
World War to oppose to the Japanese
invasion of the islands. During the war, the Huks gained immense
local support, establishing a mass base in whole areas of Central
Luzon and in parts of Southern
Tagalog region.
However,
by the late 1950s, the Huks had been greatly reduced by intense
military operations (aided by the U.S. through the C.I.A.)
and winning "hearts and minds" tactics under the Magsaysay
Administration.
This
was aggravated by the old PKP's political and strategic line which
constantly changes its appreciation for an armed struggle. By the
early parts of the 1960s the Huks were operating in small groups,
some resorting to banditry and other similar criminal acts.
On December
26, 1968, the Communist Party of the Philippines was re-established
on Marxist-Leninist-Mao Zedong Thought line. Adopting the strategy of
protracted people's war, the CPP immediately went about organizing a
new people's army. The CPP had previously made contact with former
members of the Hukbong
Mapagpalayang Bayan
(HMB) - to which the Huks changed their name in the 50s - in Central
Luzon. On March 29, 1969, the New People's Army or NPA was formed. It
had only 72 fighters and was equipped with light weapons. After its
initial formation, the CPP and the NPA dispersed and established
regional cells in several parts of the country.
On
National Democratic Front (NDF)…
The National
Democratic Front (NDFP)
is a coalition of progressive social
and economic justice organizations, agricultural unions, trade
unions, indigenous
rights groups, leftist
political
parties, and other related groups in the Philippines.
It belongs to the much broader National
Democracy Movement (Philippines).
The creation of the group provides another base of strength for the
achievement of their goal.
PROTRACTED
PEOPLES’ WAR…
On March 29, 1969, the New People's
Army was established and on April 24, 1973 the National Democratic
Front (Philippines).
Afterwards, the CPP launched the
"protracted people's war" a strategical line developed by
Mao Zedong during the phase of guerrilla warfare of the Communist
Party of China. The ultimate objective is to install a "people’s
revolutionary government" via two-stage revolution: National
Democratic Revolution followed by a Socialist Revolution.
The basic concept behind People's
War is to maintain the support of the population and draw the enemy
deep into the interior where the population will bleed them dry
through a mix of 'Mobile Warfare' and Guerrilla warfare.
FIRST
GREAT RECTIFICATION MOVEMENT
The
reestablishment was considered by the party as the First Great
Rectification Movement, criticizing the errors of the old Party. The
CPP adheres to Marxism-Leninism-Maoism as its guiding ideology in
analyzing and summing up the experience of the party and its creative
application to the concrete conditions in the Philippines in fighting
US imperialism, feudalism and bureaucrat capitalism. It considers
Maoism as the highest development of Marxism-Leninism.
It
considers the Philippine society as semi-colonial and semi-feudal,
the character of the present revolution as national democratic of the
new type (led by the proletariat), the motive forces, the targets,
the strategy and tactics and the socialist perspective of the
Philippine revolution.
SECOND
GREAT RECTIFICATION MOVEMENT
It
is an essentially ideological campaign to reaffirm the CPP-NPA-NDFP’s
adherence to basic revolutionary principles. This was apparently
successful and the revolutionary armed Left grew steadily and
gradually in the latter part of the 1990’s. The cumulative growth
eventually led to a general acknowledgement that the government’s
earlier declaration of “strategic victory” was premature.
- Ideology
CPP-NPA-NDF,
being a communist ideology and political philosophy,
officially based upon the theories of Karl Marx, Friedrich
Engels and Vladimir Lenin that promotes the creation and
development of an international communist society through the
leadership of a front line party presiding over a revolutionary
socialist state that represents a dictatorship of the
proletariat.
Marxism–Leninism is a far-left
ideology based on principles of class conflict, egalitarianism,
dialectical materialism, rationalism, and social progress. It is
anti-bourgeois, anti-capitalist, anti-conservative, anti-fascist,
anti-imperialist, anti-liberal, anti-reactionary, and is opposed to
bourgeois democracy.
Marxist-Leninist principles seek to
wash out anything considered bourgeoisie or idealist from
it. It seeks to achieve universal atheism. It supports the creation
of a single-party state.
- Aims/Purposes of each Group
The
aim of these groups (CPP, NPA, NDFP) is primarily to achieve changes
in the Philippine government although probably with different means.
The changes that they aimed for a long time were deprived under
different circumstances. Thus, this deprivation lightens the fire
that was burned in their hearts long ago.
The
CPP has its aim to overthrow
the Philippine government through armed revolution with its direct
leadership over the New People's Army and National Democratic Front.
Because of its direct relationship towards the NPA and NDFP, the
creation the two strengthens the CPP to achieve its aim to remove
from power the officials of the Philippine Government claiming that
these officials are good for nothing and is greatly under the
influence of capitalism thus, undermining the peoples’ welfare.
As
for the NDFP, their aims are listed below: Unite
the people for the overthrow of the semi-colonial and semi-feudal
system through a people’s war and for the completion of the
national democratic revolution,
establish
a people’s democratic republic and a democratic coalition
government, build
the people’s revolutionary army and the people’s defense system,
uphold
and promote the people’s democratic rights, terminate all unequal
relations with the United States and other foreign entities,
Implement genuine agrarian reform, promote agricultural cooperation,
raise rural production and employment through the modernization of
agriculture and rural industrialization and ensure agricultural
sustainability, Break the combined dominance of the U.S. and other
imperialists, big compradors and landlords over the economy, carry
out national industrialization and build an independent and self
reliant economy, adopt
a comprehensive and progressive social policy, promote a national,
scientific and pro-people culture, uphold the rights to
self-determination and democracy of the Moro people, Cordillera
peoples and other national minorities or indigenous peoples, advance
the revolutionary emancipation of women in all spheres and adopt an
active, independent and peaceful foreign policy.
The
way people looked at it, they refer the acts of these groups as
rebellious and creates tremor to the lives of the people directly
and/or indirectly affected by their acts. They even hated them having
known that they threatens the lives of everyone. However, knowing all
this and more, these groups also have their aims in their hearts to
do the necessary things regardless of whatever means in order to
achieve victory over the other.
- Financial Assistances
The
financial assistances were taken from the so-called revolutionary
taxes of these groups. This is done by collecting taxes mostly to
foreign internationals and other businessmen whom they considered as
bourgeoisie or capitalists. From the money they collected from it, it
where they get their living and financial assistances to other needs
for defense as well as offense purposes.
Sources:
Uncounted
Lives Children, Women and Conflict in the Philippines A needs
assessment of children and women affected by Armed Conflict, IBON
foundation,2007, Luis Teodoro, pp 10-13
http://en.wikipedia.org/wiki/National_Democratic_Front_(Philippines),
published on July 2012 and accessed on September 2013.
Incidents of CPP-NPA by: Kenn Michael T. Eltagon
Bukidnon-Dole
and Del Monte
MALAYBALAY
CITY (MindaNews/20 February) — About a hundred members of the
New People’s Army (NPA) simultaneously attacked the main compound
of Del Monte Philippines Inc. (DMPI) in Camp Phillips, Manolo
Fortich, Bukidnon and the compound of Dole Philippines in Impasug-ong
town Tuesday, killing a security guard and injuring three others.
Bukidnon.
Gov. Alex Calingasan confirmed the report. He said the rebels
launched simultaneous attacks early evening Tuesday with the DMPI
compound as main target.
A report
from the Army’s 4th Infantry
Division based in neighboring Cagayan de Oro said some 50 members of
the NPA’s Guerilla Front 89 under alias Bagwis, Piton, Ambo
and Arche, launched the attack in DMPI.
Lt. Col.
Osias, spokesperson of the 4th ID,
said the rebels on board trucks, vans and motorcycles arrived
in Camp Phillips at around 6 p.m. Tuesday and
immediately proceeded to the Del Monte truck parking facility and
burned a tractor, truck sprayer and a truck.
Simultaneously,
Calingasan said, some 30 rebels also attacked the Dole Philippines
compound in La Fortuna, Impasug-ong town near the Atugan bridge,
seizing two shot guns from the guards on duty.
Jorge
Madlos, National Democratic Front (NDF) Mindanao spokesperson,
owned the attack in an interview aired over a radio station in
neighboring Cagayan de Oro Tuesday evening.
The
rebels reportedly disarmed three policemen from Manolo Fortich
who were on their way to respond to the incident in La Fortuna,
according to a report Calingasan.
The
report said the rebels used two forward trucks, two passenger vans,
and two motorcycles to retreat to the direction of Dahilayan and
nearby areas.
Hundreds
of motorists and commuters were stranded along a 78-kilometer stretch
of the Sayre Highway, from Puerto in Cagayan de Oro to Kalasungay in
Malaybalay City. There were reports both the NPA and police set up
roadblocks along the highway. Bukidnon board member Jay Albarece said
there were iron bar spikes or suyak along the road from Cagayan de
Oro.
Osias
identified the slain security guard as Alfredo Neri and the injured
as Franklin Millanes and Jofol Jumawan of the Kadre Security
Forces and General Services—a private security agency contracted by
Del Monte.
Resident
physician Larson Taruq of the Camp Phillips Memorial Hospital said
Neri succumbed to two gunshot wounds in his upper right torso.
Surigao
UPDATED
- 10:10 p.m.) MANILA - Officials confirmed late Monday that all
of the three hostages in Surigao del Norte have been released after
hours of tension caused by fighting between government troops and New
People's Army rebels. Interior and Local Government Secretary Jesse
Robredo confirmed that the hostages were released between 3 p.m. and
3:30 p.m. The hostages were released 30 kilometers from the site
where they were taken at the Taganito Mining Corp.
"All the hostages have been released. Medyo malaki ang damage sa Taganito mining site," Robredo said, adding that around "75 percent" of the mining facilities were destroyed after the suspects bombed and burned the mining compound.
Initial reports indicated that the suspects launched the attacks at 10:30 a.m., at the Taganito Mining Corp. in Barangay Taganito, the Platinum Metals Group in Barangay Cadianano and THPAL Mining, all in Claver town.
Taganito Mining Corp. mainly engages in the exploration, mining and exporting of nickel ore in Claver, Surigao del Sur. As of 2010, TMC has shipped 11.0 million WMT of nickel ore. It has been shipping nickel ore to Japan since 1989, to Australia since 1999, and to China since 2007.
Platinum Group Metals Corp. mines nickel ore from its sites in Cagdianao, Surigao del Norte and in Isabela. Granted an environmental compliance certificate (ECC) back in 2007, PGMC's Surigao mine site has an approved production volume of 1.4 million metric tons of nickel ore per year. The mine site PGMC's Surigao mine covers a 4,376-hectare land in Surigao del Norte. It is under a 25-year Mineral Production Sharing Agreement (MPSA) while the Isabela mine's MPSA covers 2,392 hectares.
A Filipino-controlled company, PGMC claimed to be the only integrated mining and ferronickel company in the country with assets worth P3 billion.
"All the hostages have been released. Medyo malaki ang damage sa Taganito mining site," Robredo said, adding that around "75 percent" of the mining facilities were destroyed after the suspects bombed and burned the mining compound.
Initial reports indicated that the suspects launched the attacks at 10:30 a.m., at the Taganito Mining Corp. in Barangay Taganito, the Platinum Metals Group in Barangay Cadianano and THPAL Mining, all in Claver town.
Taganito Mining Corp. mainly engages in the exploration, mining and exporting of nickel ore in Claver, Surigao del Sur. As of 2010, TMC has shipped 11.0 million WMT of nickel ore. It has been shipping nickel ore to Japan since 1989, to Australia since 1999, and to China since 2007.
Platinum Group Metals Corp. mines nickel ore from its sites in Cagdianao, Surigao del Norte and in Isabela. Granted an environmental compliance certificate (ECC) back in 2007, PGMC's Surigao mine site has an approved production volume of 1.4 million metric tons of nickel ore per year. The mine site PGMC's Surigao mine covers a 4,376-hectare land in Surigao del Norte. It is under a 25-year Mineral Production Sharing Agreement (MPSA) while the Isabela mine's MPSA covers 2,392 hectares.
A Filipino-controlled company, PGMC claimed to be the only integrated mining and ferronickel company in the country with assets worth P3 billion.
Effects
The
rebels said the firms "must immediately stop the expansion of
their plantations,” reiterating its call “to end all their
environmentally-destructive operations, landgrabbing and their
exploitative and oppressive activities."
NPA
launched the attacks to send a message that DMPI has to stop
operations, blaming the firm for the big damage wrought by Typhoon
Sendong in Cagayan de Oro in December 2011.
DMPI and
Dole Philippines are the same multinational corporations that
allegedly abused laborers, amassed large plantation areas that could
have been subjected to land reform, and damaged the environment.
NPA’s
“punitive actions” appear to be the only way to stop the unabated
expansion as the government is not able to stop it.
The
communist group said it launched the attacks against Del Monte and
Dole in defense of workers, peasants and Lumads who, according to the
NPA, are “exploited” and “oppressed.”
The
roadblocks were a “necessity” to prevent military reinforcement.
The
rebels burned several trucks, ransacked
several offices and left a security guard identified as
Alfredo Neri dead and two others wounded. A habal-habal (motorcycle)
driver identified as Mario Ayuban was also shot and wounded in the
thigh as he was about to answer a phone call.
Classes
have been disrupted because children and their parents are still
traumatized by the attack.
Burning
mining equipment and taking several mining officers and guards.
Suspension
of the operation of mining companies.
The
release followed an attack by hundreds of alleged NPA rebels who
launched successive raids against three mining companies in the
province Monday morning, burning mining equipment and taking several
mining officers and guards
Solution:
- Stop the expansion of Pineapple plantation
- Choose peaceful means to address the conflict
- Not demand their revolutionary tax
- Demands about the rights of displacing indigenous groups in their community.
- Stop the extortion of the environment and natural resources
Sources:
http://www.abs-cbnnews.com/nation/regions/02/20/13/del-monte-laments-npa-attack-bukidnon
Child Soldiers by: Cherry Faith P. Bodiongan
Child
soldiers are any one under the age of eighteen who is part of any
kind of regular or irregular armed force or armed group in any
capacity.
They
perform a range of tasks like:
- Participation in combats
- Laying mines and explosives
- Scouting/spying
- Acting as decoys
- Couriers or guards
- Training drills and other preparations
Child
soldiers are boys and girls who fight in adult wars, missing out on
the safe childhood that many of us take for granted.
ON
CHILDREN WISHING TO JOIN THE NEW PEOPLES ARMY (NPA)
The
CPP said that it has resolved to adopt the explicit policy of a
minimum age requirement of 18 years old for NPA fighters as early as
1988, upon noting a trend in the early – to mid- 1980s of markedly
increasing numbers of teenagers joining the NPA.
The
1999 memo also amended Point 1 of Principle III of the basic rules of
the NPA which read:
“Anyone
who is physically fit, regardless of age, sex, race, nationality or
religion and has a capacity to fight and ready to participate in a
protracted armed struggle against the reactionary state power, may be
a member of a fighting unit of the New People’s Army.”
This
was amended to read:
“Any
person who is at least 18 years of age and is physically and mentally
fit, regardless of age, sex, race, nationality or religion, has the
capacity to fight and is ready to participate in armed struggle
against the reactionary state power, may become a combatant or a
member of a fighting unit of the New Peoples Army.”
“Any
person, not less than 15 years of age, may be admitted as a trainee
or apprentice of the New People’s Army and may be assigned to
self-defense, militia and other non-combat units and tasks.”
“In
the event of enemy aggression against or encroachment on the
territory of the people’s democratic government, all persons above
15 years of age may be mobilized for self-defense, provided that
priority among those below 18 years of age but more than 15 years of
age shall be given to the eldest ones in the distribution of weapons
of self-defense.”
Why
would children want to join the New People’s Army (NPA)?
Children
who joined in this kind of activity have different grounds. Some have
said that joining in this group will give them a pleasant future,
they believe that by engaging in this kind of activity they will have
a better life, they believe that they can escape poverty. Others have
said that by joining, they can attain peace.
Some
children have said that they have joined New People’s Army because
of the influence of their friends and family. Just because his/her
relative have joined in this group, that’s why they also want to
join. Others have joined because they want to protect their ancestral
land.
They may have different
grounds on joining New People’s Army but they have one common
reason on why they joined NPA, this is their need to change their
status in life.
Sources:
- What is child soldier? Retrieved from http://www.planusa.org/contentmgr/showdetails.php/id/2147
- Retrieved from http://www.hrw.org/node/112941August 08, 2013
- Child Soldiers. Retrieved from http://www.library.mun.ca/guides/howto/apa.php. September 07, 2013
- IBON Foundation. (2006).Uncounted Lives: Children, Women and Conflict in the Philippines. pp.77-79
CPP-NPA Use of Landmines by: Jinny Queen D. Correos
Landmines
- is an explosive device, concealed under or on the ground and designed to destroy or disable enemy targets as they pass over or near the device.
- are typically detonated automatically by way of pressure from the target stepping or driving on it, though other detonation mechanisms may be possible. The device may cause damage either by a direct blast or by fragments that are thrown by the blast.
Landmines
can be categorized as:
- APM- Anti Personnel Mine
- AVM- Anti Vehicle Mine
They can
either be command-detonated or triggered by a victim who steps on it.
The New
People's Army (NPA) continues to use command-detonated landmines in
its guerrilla attacks against the police and the military. Landmines
were widely used during World War II, and in succeeding conflicts
including the Vietnam War, Korean War, and the first Gulf War.
According
to the International Campaign to Ban Landmines (ICBL), almost all
armed forces in the world deployed the weapons until the 1990s. The
Nobel Peace Prize-winning campaign helped bring about the 1997 Ottawa
Treaty or the Mine
Ban Treaty, which significantly reduced
landmine use across the world.
1997
Ottawa Treaty (Mine
Ban Treaty)
The Ottawa
Treaty, the Anti-Personnel
Mine Ban Convention, or often simply referred
to as the Mine Ban Treaty,
but officially known as the Convention on the Prohibition of the Use,
Stockpiling, Production and Transfer of Anti-Personnel Mines and on
their Destruction, aims at eliminating anti-personnel
landmines (AP-mines) around the world.
The
Philippines ratified the treaty in February 2000, maintaining that it
never produced and exported anti-personnel mines. The Armed Forces of
the Philippines (AFP) claims it does not use these weapons against
insurgents. But the NPA, the military arm of the Communist Party of
the Philippines (CPP), does.
Jose
Maria Sison, the founding chairman of the CPP, said that landmines
are necessary to deter security forces from encroaching on the
"territory of the people's democratic government" while the
armed conflict is ongoing.
"Landmines are a poor man's weapon. Aerial
bombing and artillery fire are weapons of those who oppress the
people," - Sison
The
Aquino government has criticized the NPA's continued use of this
device, saying it violates laws on landmines and international
humanitarian laws.
The
National Democratic Front of the Philippines (NDFP), which represents
the CPP and the NPA in the suspended peace negotiations with
government, belies the accusation.
"The use of command-detonated landmines by the
NPA does not violate the Ottawa Treaty and its protocol. In this
regard, the NDFP is well advised by an international legal advisory
team composed of prominent lawyers who are experts in international
law,“- Sison
The
National Democratic Front of the Philippines (NDFP), which represents
the CPP and the NPA in the suspended peace negotiations with
government, belies the accusation.
"The use of command-detonated landmines by the
NPA does not violate the Ottawa Treaty and its protocol. In this
regard, the NDFP is well advised by an international legal advisory
team composed of prominent lawyers who are experts in international
law,“- Sison
Judge
Soliman Santos Jr, PCBL founding coordinator explained that
command-detonated landmines, which are not banned under the Ottawa
Treaty, can be regulated as "legitimate weapons of war."
They require the presence of a person to observe the landmine
position and detonate it to hit only legitimate targets.
Campaigners
against landmines pointed out that the munitions are not only deadly,
they also deprive rural communities of livelihood as lands become
unsafe for agricultural activities, settlement, and transit during or
after an armed conflict.
The ICBL
believes that the weapons still pose "a significant and lasting
threat" to civilian populations. "Peace agreements may be
signed, and hostilities may cease, but landmines and explosive
remnants of war (ERW) are an enduring legacy of conflict," the
ICBL stated in its 2012 report.
The NDFP
sticks to its 2005 proposal to have "an agreement of truce and
alliance on the basis of a general declaration of common intent to
realize full independence, democracy, and economic development
through national industrialization and land reform."
"If there is such an
agreement, the armed conflict ceases and there is no more need for
land mines, aerial bombs and artillery fire or any other kind of
weapon," Sison explained.
But the
government has already abandoned the old process which the communists
continue to uphold.
In a
statement, Presidential Adviser on the Peace Process Teresita Quintos
Deles said:
"the government is currently developing a 'new
approach' for the negotiations as a sign of its continuing commitment
to deliver a peaceful resolution of the armed conflict in the country
after it has yet again reached an impasse."
Sources:
Sunday, September 29, 2013
Philippine Constitution 1987 by: Tina Abigail B. Purganan
What is constitution?
A constitution is a system for government, codified as written document,
which contains fundamental laws and principles. It usually contains fundamental
political principles and establishes the structure, procedures, powers, and
duties for a government.
The Constitution of the Philippines is
the supreme law of the Philippines. The Constitution currently in effect was
enacted in 1987, during the administration of President Corazon Aquino, and is
popularly known as the “1987 Constitution”. Philippine constitutional laws
experts recognize three other previous constitutions as having effectively
governed the country – the 935 Commonwealth Constitution, the 1973
Constitution, and the 1986 Freedom Constitution. Constitutions for the
Philippines were also drafted and adopted during the short-lived governments of
Presidents Emilio Aguinaldo (1898) and Jose P. Laurel (1943).
Name and purpose of Constitution
1. It
serves as the supreme or fundamental law
2. It
established basic framework and
underlying principles of government
Constitutional Law
Body of law derived
from country’s written constitution. It lay down and guides the duties and
powers of the government, and the duties and rights of its citizens and
residents.
1. As
to their origin and history
a.
Conventional or enacted
b.
Cumulative or evolved
2. As
to their form
a.
Written
b.
Unwritten
3. As
to manner of amending them
a.
Rigid or inelastic
b.
Flexible or elastic
1. Constitution
is a legislation direct from the people
2. Constitution
merely states the general framework of the law
3. Constitution
is intended not merely to meet existing conditions but to govern the future
4. Constitution
is the supreme or fundamental law
Statute
1. Is
legislation from the people’s representatives.
2. It
provides the details of the subject of which it treats
3. It
intended primarily to meet existing conditions only
4. Statute
conforms to Constitution.
Part of the 1987
Constitution
The Constitution is divided into 18 parts, excluding the
Preamble, which are called Articles. The Articles are as follows:
Article I – National Territory
Article II – Declaration of Principles and State Policies
Article III – Bill of Rights
Article IV – Citizenship
Article V – Suffage
Article VI – Legislative Department
Article VII – Executive Department
Article VIII – Judicial Department
Article IX – Constitutional Commission
Article X – Local Government
Article XI – Accountability of Public Officers
Article XII – National Economy and Partimony
Article XIII – Social Justice and Human Rights
Article XIV – Education, Science and Technology, Arts, Culture and
Sports
Article XV – The Family
Article XVI – General Provisions
Article XVII – Amendments or Revisions
Article XVIII – Transitory Provisions
Preamble of the 1987
Constitution
The Preamble
reads:
“We, the sovereign Filipino people, imploring the aid of Almighty God,
in order to build a just and human society, and establish a Government that
shall embody our ideals and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and our posterity, the blessings
of independence and democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this
Constitution.”
Significant features
of the 1987 Constitution
The constitution established the
Philippines as a “democratic and republican State”, where “sovereignty resides
in the people and all government authority emanates from them”. (Section 1,
Article II) Consistent with the doctrine of separation of powers, the powers of
the national government are exercised in main by three branches – the executive
branch headed by the President, the legislative branch composed of Congress and
the judicial branch with the Supreme Court occupying the highest tier of
judiciary.
Historical
Constitution
- Malolos Constitution (1899)
- Commonwealth and Third Republic (1935)
- Japanese Sponsored Republic (1943)
- Martial Law Constitution (1973)
- Freedom Constitution (1986)
Basic Principles
Underlying the New Constitution
Recognition of the Aid of Almighty God
Sovereignty of the People
Renunciation of war as an instrument
of national policy
Supremacy of civilian authority over
military
Separation of Church and State
Recognition of the importance of the
family as basic social institution and of the vital role of youth in nation
building
Guarantee of human rights
Government through suffrage
Separation of Power
Independence of Judiciary
Guarantee of local autonomy
High sense of public service morality
and accountability
Nationalization of natural resources
and certain private enterprises affected by public interest
Non – suability of the state
Rule of the majority; and
Government of laws and not men.
Sources:
"People Power: An Eyewitness History:" (1986). Kyodo Printing Co., Inc. James B. Reuter, S.J., Foundation, Manila, Philippines
Carmilo, Charmaine (2012). "Introduction to Philippine Constitution". Slideshare.net. Retrieved from http://www.slideshare.net/chariecamilo/introduction-to-philippine-constitution-1987
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