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Alternative media outfits fight back, file complaints vs. cyber-attacks

Alternative media outfits identified two companies where the intense cyber attacks against them since December are coming from.

Bulatlat, Kodao, and Pinoy Weekly, as well as the People’s Alternative Media Network (Altermidya) filed a civil complaint at the Quezon City Regional Trial Court this morning against IP Converge Data Services, Inc. and Suniway Group of Companies they believe are where the cyber-attacks are coming from.

“Through the solid and thorough digital forensic investigation of Sweden-based Qurium Media Foundation over time, it was discovered that the cyber-attacks were coming from companies IP Converge and Suniway,” Altermidya national coordinator Rhea Padilla said.

According to their respective websites, IP Converge Data Services, Inc. is the country’s first cloud services provider while Suniway is an internet services provider.

Exposed IP addresses

Padilla said the digital forensic report revealed that despite hiding behind a Virtual Private Network (VPN), one of the attackers exposed their real IP addresses when they accessed the website without turning on their hidden IPs.

In another instance, one of the attackers also revealed his IP address when he used his Samsung Android phone to check the websites of alternative media groups under attack.

The exposed IP addresses, she added, may easily be traced to IP Converge based on the findings of Qurium.

Meanwhile, Qurium learned that the infrastructure of networks being used to launch the attacks belongs to Suniway, which holds business addresses both in Hong Kong and in the Philippines with two Chinese national listed as among its officers.

“The user agents who conducted the attacks using devices within the premises and under the control and supervision of Defendants IP Converge and Suniway are unidentified at this point,” their complaint said.

First-ever complaint

Padilla said their civil complaint against cyber-attackers is the first ever in the Philippines.

“This is definitely a first and it will serve as a testament that we will neither be cowed nor will we allow these cyber-attacks to continue,” Padilla said.

The complainants were assisted by the National Union of Peoples’ Lawyers.

Since December 2018, alternative media sites have been subjected to sustained cyber-attacks in the form of a Distributed Denial of Service (DDoS) attacks.

DDoS refers to the malicious attempt to overload the server of a website, aimed to shut it down.

Padilla said this kind of attack “denies legitimate readers of access to truthful reports.”

“Plaintiffs have reasonable ground to believe that there are more than one of them, each one targeting a particular organization,” their complaint said.

Padilla added that launching a cyber-attack with this kind of magnitude and immensity is impossible without the knowledge of the companies.

The alternative media outfits maintained that these relentless cyber-attacks are politically-motivated.

They called on the two companies to reveal their real clients.

“We believe these attacks are state-sponsored and are part of the Duterte administration’s attempt to stifle press freedom in the country. It seems cyber censorship is one of the administration’s tactics to make way for an open dictatorial rule,” Padilla said.

The filing of the complaint coincided with the 25th anniversary of the internet in the Philippines.

In March 29, 1994, the first ever internet message were sent between the University of San Carlos in Cebu City and Syracuse University in New York. # (Raymund B. Villanueva)

NPA turns 50 today; CPP calls for intensified guerrilla warfare

The Central Committee of the Communist Party of the Philippines (CPP) called on the New People’s Army (NPA) to boldly intensify guerrilla warfare and wage all-out resistance against the Rodrigo Duterte government as the revolutionary army celebrates its 50th founding anniversary today.

Congratulating Red fighters all over the country, the CPP’s top leadership said the NPA continues to advance nationwide and succeeded in surmounting Duterte’s all-out offensives and focused military operations in 2018.

Founded by the CPP in March 29, 1969 in Sta. Rita, Capas, Tarlac, the NPA started with only nine rifles and 26 inferior firearms for 60 Red fighters consisting of veteran guerrillas and new recruits from Manila and Isabela.

CPP founding chairperson Jose Maria Sison and local rebel leader Bernabe Buscayno were among the prominent personalities present in the event.

After five decades of continuous guerrilla warfare, the NPA said it has 110 guerrilla fronts all over the country, majority of which are composed of company-sized formation of full-time Red fighters.

The NPA’s guerrilla war is the longest-running in the world today.

Major victories in 2018

Last year, the CPP said the NPA mounted several hundred tactical offensives across the country, seizing at least 107 high powered rifles from government forces and even from security agencies serving big mining operations.

The underground party said the Armed Forces of the Philippines (AFP), the Philippine National Police and their paramilitary forces suffered at least 600 casualties in 2018 with more than 380 killed in action.

One hundred eighty five AFP soldiers were killed in action across eastern Mindanao, the CPP claimed.

The group added that the numbers of government casualties were more than 40 percent higher than in 2017.

Units of the AFP that suffered the most casualties were those deployed in focused military operations in north central and north eastern Mindanao provinces where NPA units were able to carry out active defense operations against AFP offensives.

The CPP said the AFP’s decision to reduce its troop deployment in Mindanao to as low as 60 percent from a high of 80 percent in previous years is added proof that aims to crush the NPA in eastern Mindanao is failing.

“In the face of the steady nationwide growth of the NPA, Duterte’s security officials have already toned down on their earlier braggadocio of defeating the NPA by middle of 2019. They have instead moved their ‘deadline’ to the end of 2022,” the CPP said.

5-year plan

Even as it successfully frustrating Duterte’s all-out war, the CPP called on the NPA to boldly intensify guerrilla warfare nationwide and wage all-out resistance against the Duterte regime.

The CPP said the call is in accordance with the Central Committee’s five-year program (2017-2021) to continue developing nationwide strength, spread and advance.

“We must strengthen the NPA several times over and raise its capability in annihilating enemy units,” the CPP said.

The program includes the building of more units of people’s militias, self-defense units of mass organizations, partisan units, as well as raising their capability in waging mass guerrilla warfare, the CPP said.

“With its current nationwide strength and spread, the NPA is in a position to carry the people’s war forward to unprecedented levels in the coming years,” the group added.  # (Raymund B. Villanueva)

Mindanao Bishops ask Duterte to stop attacks against IFI

The Iglesia Filipina Independiente (IFI) in Mindanao published an open letter to President Rodrigo Duterte asking him to stop ongoing harassment against their clergy in the island.

Gathering in Cagayan de Oro City last March 25 and 26 for a conferential meeting with the Church’s Supreme Bishop, the Most Reverend Rhee M. Timbang, the 14 IFI bishops they have been attacked through red tagging, vilification, surveillance, harassment and intimidation and worse, killings they suspect are the handiwork of government security forces.

“We saw at the highways and even walls of our churches desecrated with graffiti maligning the IFI and its leaders, Bishop Antonio Ablon of Pagadian and Bishop Felixberto Calang of Cagayan de Oro,” their letter said.

The bishops said the most recent attack against their Church happened last February 22 where leaflets or hit list bearing names of the bishops including that of Fr. Chris Ablon, Fr. Rolando Abejo, Fr. Khen Apus and their friends openly identified these people as members of underground revolutionary groups.

“This baseless and malicious accusation strongly believed to be orchestrated by state forces has openly identified these people as members of the CPP-NPA-NDFP (Communist Party of the Philippines-New People’s Army-National Democratic Front of the Philippines).

“We as episcopal leaders of the Iglesia Filipina Independiente in Mindanao are very much alarmed that wanton extra judicial killings may fall on our church leaders. God forbid!” they said.

The bishops blame Duterte’s martial law in Mindanao for causing the “evil acts” as well as the refusal of the police to investigate their complaints.

“Worse, illegal arrest and detention, trump up charges and forced NPA surrenderees of peasants and lumad who are partners of our church in our community work and mission are conveniently presented to the public as prima facie evidence of the IFI’s and bishops’ affiliation to the rebel group,” they said.

The church leaders also complained that several active church lay leaders now fear for their lives and security as they are constantly under surveillance and are possible subject to warrantless arrest.

The bishops asked Duterte to end the attacks against peasant and labor leaders, against lumad and their communities, against defenders of lumad schools, lawyers, media and the Church.

The letter was signed by Timbang, Ablon, Calang, Cabadbaran Bishop Delfin Callao Jr., Davao Bishop Denny Dapitan, Libertad Bishop Rudy Juliada, Surigao Bishop Noel Lorente, Dinagat Bishop Mervin Jose Elimanco, Siargao Bishop Romeo Tagud, Koronadal Bishop Redeemer Yañez, Tubod Bishop Raul Amorcillo, Cortez Bishop Julius Dacera, Ozamiz Bishop Carlo Morales, Oroquieta Bishop Victor Batoy, and Malaybalay Bishop Gil Dinapo. # (Raymund B. Villanueva)

Lawyer, doctor refused from seeing Frank Fernandez

A lawyer assisting arrested National Democratic Front of the Philippines (NDFP) peace consultant Frank Fernandez complained of being repeatedly barred from visiting and consulting with her client at the Philippine Army General Hospital in Fort Bonifacio, Taguig City.

Atty. Kristina Conti of the National Union of Peoples’ Lawyers said that she has twice been refused from seeing Fernandez and his fellow detainees at the hospital even if she is allowed by law to do so.

“For the second time at Gate 6 of Fort Bonifacio, I have been denied access by MPBn (Military Police Battalion) chief Capt. Andres B. Ramirez upon instructions of his ‘higher-ups,’” Conti said on her Facebook account late Tuesday night.

Conti said that Captain Ramirez in fact told her she can visit Fernandez, his wife Cleofe Lagtapon and Geann Perez, who are all confined in the said hospital.

“Yesterday (Monday), he denied that a Frank or Francisco Fernandez was confined in the Army General Hospital. Today he reverses, but tells me that I can visit ‘anytime’ but only between 11am-4pm,” Conti said.

The lawyer said the military is violating Republic Act 7438, the Rights of Persons Arrested, Detained or under Custodial Investigation Law.

The law says lawyers, doctors, priests or spiritual adviser cannot be denied access any time, which Conti said Ramirez is disregarding.

“What’s roundly dissonant for me as a lawyer is the police posturing that this was a legitimate law enforcement operation, specifically arrest due to a lawful warrant. Yet, when I asked either Calabarzon Police Regional Director Edward Carranza or Laguna Police Provincial Chief Eleazar Matta for access they defer to the military,” Conti said.

Conti asked the military to be upfront if the three detainees are being treated as prisoners of war and under military custody instead of the police.

If the three are POWs, they should be treated as hors de combat, or out of action due to injury or damage, the lawyer explained.

’Wag nyo na kami paikut-ikutin, literally and figuratively,” she said. (Do not try to fool us and make us run around.)

Conti said she wonders what excuses the military will use the next time she tries to visit her clients.

Kelangan naka-sapatos? Naka-white? May strip search? Walang cellphone? Anong patakaran sa kampo na naman ang mangingibabaw sa civilian law enforcement/judicial orders?” she asked (Do I need to wear shoes? Wear white? Will they conduct a strip-search? What camp policies will they say lords over civilian law enforcement/judicial orders?)

“Martial law ba ulit?” she asked. (Is it Martial Law all over again?)

Doctor also turned away

Conti also revealed that an unnamed doctor sent to check on the three detainees was turned away.

“Earlier we sent a doctor, who came within the time stated by Capt. Ramirez, to check (on) the three. He was rebuffed, even if the inquest prosecutor’s resolution specified that Fr. Frank should see his doctor of choice,” Conti revealed.

Conti said Fernandez reported to the Sta. Cruz, Laguna inquest fiscal Monday evening that he is suffering from incessant interrogation by military agents, depriving him of sleep and affecting his general health.

Fernandez is reported to having heart and lung ailments the lawyer said need special attention.

“His condition, fluctuating BP (blood pressure) and all, is very worrisome. The military even had to pull into Asian Hospital on March 24 while they were taking him to Manila from Laguna because he was slurring his speech a bit,” Conti said.

The lawyer said it is suspected the former Roman Catholic priest and long-time NDFP spokesperson in Negros suffered a mild stroke or heart attack.

 “[Y]et he has not been allowed to choose a doctor or specialist. I am not too sure the Army General Hospital can take care of his needs – and in the first place, if it is in their interest (to do so),” the lawyer said.

Lagtapon is reported to be suffering from frail health while Perez is being treated for Hansen’s Disease.

Conti recalled previous clients who were sick while in prison and eventually died under detention.

“My experience with sick political prisoners is marred by deaths. Diona Andrea Rosal, stillborn, because his mother was under too much stress. Eduardo Serrano, Bernabe Ocasla, Alex Arias who suffered heart attacks in jail. My fervent hope is he does not join this mater dolorosa list,” she said.

She cautioned the military to treat the three detainees humanely.

“I understand the context is war – and two sides are at odds. Pero bawal bang maging makatao ‘pag magkaaway? Kung kaya ng isa, kaya din naman ng kabila, di ba?” she asked. (Isn’t it possible that both sides treat each other humanely? If one side can do it, the other side also can.)

Conti said that killing Fernandez while under government custody would not be killing the Communist Party-led revolution but is actually killing the peace. # (Raymund B. Villanueva)

Lawyers find Fernandez and companions in Laguna prosecutor’s office

Arrested National Democratic Front of the Philippines (NDFP) peace consultant Francisco “Ka Frank” Fernandez and companions was finally allowed to meet their lawyers 38 hours after they were arrested in Liliw, Laguna last Sunday.

After continuous seach throughout Metro Manila and Laguna province Sunday and Monday, lawyers from the Public Interest Law Center were finally able to talk to Fernandez, his wife Cleofe Lagtapon and Geann Perez at the Sta. Cruz provincial prosecutor’s office in the said province at around seven o’clock last night.

“It was already around 7 p.m. when lawyers gained access to their client,” human rights group Karapatan announced on their Facebook page Tuesday afternoon.

Karapatan said that lawyers and paralegals went to the Army General Hospital in Fort Bonifacio, Taguig City after receiving information that the three were taken there.

They were denied any information, Karapatan said.

“It was later in the afternoon that police officials revealed that Fernandez et. al. were in Sta. Cruz, Laguna to undergo inquest proceedings. After an entire day of searching, lawyers were finally able to talk to the victims at the Sta. Cruz provincial prosecutor’s office,” the group said.

NDFP peace consultant Frank Fernandez being treated intravenously while undergoing inquest proceedings at the Laguna Provincial Prosecutors’ Office Monday night. (Public Interest Law Center photo)

Yesterday, Karapatan said they visited various military and police camps throughout Sunday and Monday to look for the three.

“Legal counsel and paralegals went to Camp Vicente Lim in Canlubang, Laguna; Camp Paciano Rizal in Sta. Cruz, Laguna; Laguna Provincial Police Office and Municipal Police Office in Sta. Cruz, Laguna; Camp Crame in Quezon City; and Camp Bagong Diwa in Taguig City. Military and police officers denied having the three in their custody,” Karapatan said in a statement Monday.

“[The] morning of March 25, legal counsels and paralegals went to the ISAFP (Intelligence Service of the Armed Forces of the Philippines) Headquarters in Camp Aguinaldo, Quezon City; NBI National Office in Manila; and Camp Crame, Quezon City. The same answer was given to them,” the group added.

Charges of illegal possession of firearms and explosives are set to be filed against the three, on top of murder charges against Fernandez and Lagtapon.

Police said three .45 caliber pistols, 15 rounds of ammunitions and three grenades were found to be in their possession.

Illegal possession of firearms were also charged against five other NDFP peace consultants arrested in succession since President Rodrigo Duterte unilaterally terminated peace negotiations with the NDFP in November 2016.

Fernandez and Gamara were the first two NDFP peace consultants arrested since Duterte dissolved his government’s negotiating panel last March 18.

Frail health

Karapatan noted that Fernandez’s state of health was alarming.

The group said the 71-year old former Roman Catholic priest was wheelchair-bound and was injected intravenously on his arm.

“Per his medical abstract, the Army General Hospital physician confirmed that Fernandez suffers from chronic artery disease, chronic stable angina, hypertension stage 2-uncontrolled, chronic obstructive pulmonary disease, and hyponatremia, among others,” the group reported.


Lagtapon at the Laguna Provincial Prosecutors’ Office Monday night. (Public Interest Law Center photo)

Lagtapon, 66, will also be monitored due to her frail health while Perez, 20, is reportedly being treated due to Hansen’s Disease.

Karapatan reported that all three will be under hospital arrest.

Perez at the Laguna Provincial Prosecutors’ Office Monday night. (Public Interest Law Center photo)

Their lawyers have reportedly expressed their intention to have Fernandez moved to the Philippine Heart Center for medical treatment.

After the inquest proceedings on the evening of March 25, it was decided that Fernandez, Lagtapon and Perez were to be brought back to the army hospital in Fort Bonifacio, Karapatan said. # (Raymund B. Villanueva)

Philippine Army holding Frank Fernandez incommunicado

The National Democratic Front of the Philippines (NDFP) strongly condemned what it calls the unjust arrest of another of its peace consultants and his companions last Sunday in Laguna Province.

In a statement, NDFP Negotiating Panel chairperson Fidel Agcaoili demanded that the Government of the Republic of the Philippines (GRP) immediately release Francisco “Ka Frank” Fernandez and his companions “as a matter of principle, justice and humanity.”

“Frank Fernandez is a publicly known consultant of the NDFP in the GRP-NDFP peace negotiations as NDFP spokesperson in Negros,” Agcaoili said.

Agcaoili said 71-year old Fernandez has been ill for some time had to come down from Negros for medical treatment, accompanied by his wife Cleofe Lagtapon and Gee-Ann Perez.

Where are they?

The NDFP said details of where Fernandez and companions are incarcerated are still unclear.

“This poses grave danger to their health and lives. It is incumbent upon their custodial units to forthwith present Frank Fernandez and his companions to their relatives and lawyers in order for him to receive his medicines and assure that their rights and well-being are respected,” Agcaoili said.

Philippine National Police Region IV-A director Chief Superintendent Ted Carranza told reporters Monday that Fernandez was taken to the Philippine Army Hospital in Fort Bonifacio, Taguig City after the arrest.

“Well, alam niyo kasi itong si Fr. Frank Fernandez ay matanda na. I just talked with an officer from the Philippine Army, nag-complain siya (Fernandez) ng chest pain after his arrest. So he was sent to the army hospital for treatment,” Carranza said.

It was not known whether Fernandez is still confined at the said hospital as human rights defenders and public interest lawyers are still being prevented from seeing the detainees.

In his press conference at Camp Crame yesterday, PNP chief Oscar Albayalde said Fernandez and his companions are under the custody of the Philippine Army’s Military Intelligence Group of Calabarzon reportedly based in Camp Eldridge in Los Baños, Laguna.

“With his unjust arrest, the Duterte regime runs the risk of adding another detainee to the list of three political prisoners who died in prison from June 2016, in violation of international humanitarian law and the minimum prison standards recognized by civilized nations,” Agcaoili said.

JASIG-protected

Agcaoili said Fernandez, a former Roman Catholic priest in the Diocese of Bacolod before becoming a rebel leader in Negros, holds Document of Identification Number PP 978544 as provided for in the Joint Agreement on Safety and Immunity Guarantees (JASIG) between the GRP and the NDFP.

Agcaoili also dismissed Presidential peace adviser Carlito Galvez Junior’s claim that the JASIG is already inoperable in accordance with GRP President Rodrigo Duterte’s termination of the peace talks in November 2017.

Agcaoili said JASIG’s termination requires a protocol, a move the NDFP said Duterte failed to follow with his unilateral termination of the peace talks through Proclamation No. 360.

The NDFP Negotiating Panel earlier said the GRP has not formally given them a letter of termination through the Third Party Facilitator, the Royal Norwegian Government, rendering Duterte’s Proclamation No. 360 moot and the JASIG still operable.

“So, no matter how many times President Rodrigo Duterte unilaterally flip-flops from resuming and then terminating the peace talks, the JASIG remains in full force and effect unless otherwise terminated according to the terms of the agreement,” Agcaoili said.

“In fact the immunity guarantees of Frank Fernandez extend even after the actual termination of the peace talks,” he explained. # (Raymund B. Villanueva)

PNP surfaces NDFP’s Frank Fernandez

The Philippine National Police (PNP) and the Philippine Army finally surfaced National Democratic Front of the Philippines (NDFP) peace consultant Francisco “Ka Frank” Fernandez after arresting him early Sunday morning and denying he was in their custody to human rights responders.

In a press conference at Camp Crame this morning, PNP chief Oscar Albayalde said Fernandez was arrested in Barangay Calumpang, Liliw, Laguna at 5:15 a.m. Sunday morning and, like five fellow NDFP consultants earlier arrested, was allegedly found to be in possession of firearms, ammunition and grenades.

Fernandez was arrested with his wife Cleofe Lagtapon and Gee-Ann Perez and are facing charges of violation of Commission on Election (Comelec) Resolution 10429 in relation to the Omnibus Election Code as well as violation of Republic Act 10591 (Illegal possession of firearms) and violation of Republic Act 9516 (Illegal possession of explosives), the PNP said.

Three caliber .45 pistols, three magazines with 15 live bullets and three grenades were allegedly found in their possession.

Fernandez also has four standing murder arrest warrants while his wife was included in one of the arrest warrants, the PNP said.

The three are under the custody of the Military Intelligence Group of Calabarzon and are set to face illegal firearms and explosives possession charges, the police added.

Fernandez, a former Roman Catholic priest, was a long-time NDFP spokesperson in Negros Island.

‘Hide and seek’

Human rights group Karapatan, however, slammed the PNP for withholding the three’s whereabouts for more than a day despite asking various police and military camps in Region IV-A and the National Capital Region.

“Legal counsel and paralegals went to Camp Vicente Lim in Canlubang, Laguna; Camp Paciano Rizal in Sta. Cruz, Laguna; Laguna Provincial Police Office and Municipal Police Office in Sta. Cruz, Laguna; Camp Crame in Quezon City; and Camp Bagong Diwa in Taguig City. Military and police officers denied having the three in their custody,” Karapatan said in a statement.

“This morning of March 25, legals counsels and paralegals went to the ISAFP Headquarters in Camp Aguinaldo, Quezon City; NBI National Office in Manila; and Camp Crame, Quezon City. The same answer was given to them,” the group added.

Karapatan said it was only after further prodding that unidentified officials revealed that the three arrested persons were in the Army General Hospital in Fort Bonifacio in Taguig City.

Karapatan said that lawyers and paralegals should have access to those arrested, particularly the elderly couple Fernandez and Lagtapon, aged 71 and 66, respectively.

Fernandez and his wife are reportedly in Laguna to seek medical treatment.

Karapatan raised the possibility that the three might be subjected to physical and psychological torture, a reported practice of state forces during arrests.

“Access of lawyers to the victims on time and ascertaining the responsible units and officers are a deterrent to the ill-treatment of arrested persons,” Karapatan said.

The group said the police and the military deliberately played a game of hide and seek, instead of directly giving the whereabouts of the detainees to their legal counsels, as mandated by Republic Act 7438 or the rights of persons arrested, detained or under custodial investigation law.

‘Ordered by Duterte’

NDFP’s chief political consultant Jose Maria Sison, for his part, condemned yet another allegation by the police that its latest arrested peace consultant and companions were in possession of guns and ammunition at the time of their arrest.

“Following the orders publicly given by their master (President Rodrigo) Duterte, the criminals in uniform always plant firearms and frame up NDFP consultants,” Sison told Kodao.

Sison said that planting such false evidence is the police’s way of violating the Joint Agreement on Safety and Immunity Guarantees (JASIG) between the NDFP and the Government of the Republic of the Philippines.

Sison said that when there are no witnesses, so-called “criminals in authority” kill NDFP consultants as in the case of Randy Felix Malayao.

Malayao was killed in his sleep inside a bus in Aritao, Nueva Vizcaya last January 30.

Sison said the planting of firearms is meant to justify also the arrest of people or witnesses who are in the company of the NDFP consultant.

NDFP peace consultants Rafael Baylosis, Adelberto Silva, Vicente Ladlad, Rey Claro Casambre and Reynante Gamarahave been arrested in succession from January 2018 and all were charged with illegal possession of firearms along with their respective companions.

“In the first place, they are even supposed not to surveil NDFP consultants under JASIG,” Sison explained.

New presidential adviser on the peace process Carlito Galvez Jr., however, said last Wednesday the JASIG is no longer operable since Duterte terminated the talks in November 2017.

“[T]he formal negotiation was terminated along with Joint Agreement on Safety and Immunity Guarantees (JASIG) through Proclamation 360 by President Rodrigo Duterte on November 2017,” Galvez said in a statement.

The NDFP, however, said the JASIG is still in effect.

“The safety and immunity guarantees for NDFP consultants are continuing even in case of breakdown or termination of the peace negotiations,” Sison said.

Baylosis was released last January 18 after the Quezon City Regional Trial Court dismissed charges of illegal possession of firearms and explosives against him. # (Raymund B. Villanueva)

Where is Frank Fernandez? NDFP asks former priest’s captors

The whereabouts of National Democratic Front of the Philippines (NFFP) peace consultant Frank Fernandez reportedly nabbed by the police and military in Nagcarlan, Laguna early Sunday morning have yet to be known more than 24 hours after his arrest.

NDFP Negotiating Panel chairperson Fidel Agcaoili said Fernandez, long-time NDFP spokesperson in Negros Island, must be surfaced and released by his captors as soon as possible as he known to be ailing and undergoing treatment.

“The NDFP strongly condemns the unjust arrest of Frank Fernandez and his partner. Frank is a publicly known consultant in the GRP (Government of the Republic of the Philippines)-NDFP peace negotiations as NDF spokesperson for Negros,” Agcaoili told Kodao.

“He is also known to be ill and requires medical treatment,” Agcaoili added.

In an Inquirer report, Fernandez was arrested at 5:16 a.m. in Barangay Calumpang, in a joint operation of the Philippine Army and Laguna police.

The report added the arrest was confirmed to the Inquirer by three police officials and was undertaken by virtue of an arrest warrant.

Fernandez was the sixth NDFP peace consultant arrested since President Rodrigo Duterte terminated peace negotiations with the Left in November 2017.

Earlier, Rafael Baylosis, Adelberto Silva, Vicente Ladlad and Rey Claro Casambre were arrested in succession late last year after repeated attempts to revive the stalled peace talks failed.

Renante Gamara, NDFP peace consultant for the National Capital Region, was arrested last Wednesday in Imus City, Cavite.

Baylosis was first arrested in January 2018 but was eventually released last January 18 after the Quezon City Regional Trial Court threw out trumped-up charges of illegal possession of firearms and explosives against him.

Twelve days later, NDFP peace consultant Randy Felix Malayao was killed inside a bus in Aritao, Nueva Vizcaya last January 30.

Last Monday, March 18, Duterte dissolved the GRP Negotiating Panel and fired all its members.

Fernandez, a former Catholic priest, was last seen in public in central Negros Island in December 2016 where he attended a press conference and talked about the peace process and Duterte’s drug war, among other things.

He was reportedly tagged by the military as the most wanted rebel leader in Negros with a P7.8 million bounty on his head. # (Raymund B. Villanueva)

Another guns and explosives possession charge against newly-arrested NDFP consultant

Guess what charges were filed against arrested National Democratic Front of the Philippines (NDFP) peace consultant Renante Gamara.

Like the complaints filed against four NDFP consultants it arrested in succession in 2018, the Philippine National Police (PNP) charged Gamara and his companion, retired priest Arturo Balagat, with illegal possession of firearms and explosives.

Gamara and Balagat were arrested Wednesday afternoon in Poblacion II-A, Imus, Cavite  and are being held at present at the National Capital Region Police Office (NCRPO) of the PNP in Camp Bagong Diwa in Taguig City yesterday.

Like his fellow NDFP consultants Rafael Baylosis, Adelberto Silva, Vicente Ladlad and Rey Claro Casambre, Gamara is facing charges of violations of RA 10591, the Comprehensive Firearms and Ammunition Regulation Act.

The PNP said a .9 mm caliber pistol and two hand grenades were recovered from the detainees when arrested.

Gamara’s arrest brings to five the number of NDFP peace consultants arrested since President Rodrigo Duterte terminated peace talks with the Left in November 2017.

The youngest NDFP peace consultant, Randy Felix Malayao, 59, was killed inside a bus in Nueva Vizcaya last January 30.

Baylosis was released last January, however, after the Quezon city Regional Trial court dismissed the charges against him.

Duterte again announced his termination of the peace talks with the NDFP Thursday, three days after dissolving his negotiating panel led by labor secretary Silvestre Bello III.

Condemnations

Human rights group Karapatan condemned Gamara and Balagat’s arrest and accused the police of filing yet another illegal firearms and explosives possession against the consultant.

“This is not only a time of unpeace where there is prevalence of human rights violations and impunity, it is also a period of targeted persecution and intimidation against those who continue to clamor for peace,” said Karapatan deputy secretary general Roneo Clamor. 

“The government has again zeroed in on the persecution of peace consultants, instead of working to resolve the root causes of the armed conflict by way of pursuing peace negotiations,” Clamor added.

Karapatan revealed that the search warrant presented by the police in arresting Gamara was issued by the same Laguna court that ordered the arrest of Silva and four others in October 2018.

The Search Warrant was granted by Executive Judge Cynthia Marino-Ricablanca of RTC Branch 27 of the 4th Judicial Region of Sta. Cruz, Laguna. 

Karapatan, however, said Gamara, 62, took part in the peace negotiations
after posting bail on August 2016 as a consultant to the reciprocal working group on political and constitutional reforms.

“He is supposedly covered by the Joint Agreement on Safety and Immunity Guarantees (JASIG), an agreement that seeks to provide protection and “free and unhindered” passage for individuals involved in the peace negotiations,” Clamor explained

‘A spectacle’

Human rights lawyer Kristina Conti, the first to come to Gamara’s aid in Taguig said the grounds presented by the police in arresting Gamara and Balagat are all dubious as the two have no pending warrant in the courts.

Conti told Kodao that the bail Gamara posted in August 2016 when he was first released to enable his participation in formal peace negotiations throughout Europe applies to his previous cases.

Conti added it is grossly ignorant for the PNP to say that “Duterte ordered his arrest” because the president is not a proper judicial authority.

She added that the JASIG is still binding and it does not authorize the arrest of anyone without warrant or color of authority.

She also said that the firearms and explosives presented by the police were not owned by the detainees.

“They have no need for it…Mr Gamara is not wanted, not in hiding, and certainly not in possession of any contraband,” the lawyer told Kodao.

Conti also hit the the Regional Special Operations Unit of the NCRPO’s haste in calling for a press conference rather than ensuring the detainees’ right to due process.

“[T]o show that this was a political spectacle, RSOU prioritized the press con over preparing for the inquest,” Conti said.

NDFP chief negotiator Fidel Agcaoili for his part called Gamara and Balagat’s arrest as illegal and condemnible.

“[T]he NDFP condemns in the strongest terms possible the illegal arrest of NDFP consultant Renante Gamara. As NDFP consultant in political and constitutional reforms, he is entitled to JASIG protection and guarantees,” Agcaoili told Kodao.

“The NDFP also protests the arrest of retired priest Fr. Art Balagat as another sign of the continuing persecution against churchpeople by the Duterte regime,” he added. # (Raymund B. Villanueva)

‘Unli’ termination, Joma says of Duterte’s latest ending of talks

Like an old broken record, Jose Maria Sison said of President Rodrigo Duterte’s latest announcement of termination of the National Democratic Front of the Philippines (NDFP) and the Government of the Republic of the Philippines (GRP) peace negotiations.

“Duterte is like an old broken record repeating ad nauseam his termination of the GRP-NDFP peace negotiations,” Sison, NDFP chief political consultant, said.

Duterte again announced Thursday at the 122nd Philippine Army Founding Anniversary at Fort Bonifacio in Manila that he has permanently ended peace negotiations with the Left.

“I am officially announcing the permanent termination of our talks between the government panel and the Communist Party of the Philippines,” Duterte said.

“You can maybe talk to the next President of this Republic one day,” he said.

Duterte’s announcement came three days after he dissolved his government’s negotiating panel and terminated its members led by Labor secretary Silvestre H. Bello III.

‘As early as November 2017’

But Sison said that Duterte’s latest announcement means nothing as the GRP leader already ended the peace negotiations in November 2017 and has since refused to return to the negotiating table.

“As far as the NDFP is concerned, Duterte formally killed the peace negotiations on November 23, 2017 with his Proclamation 360 terminating them,” Sison said.

Duterte’s repeated announcement of peace talks termination since then is merely driving more nails into the coffin of the negotiations under his regime, he added.

Sison said Duterte only wants the armed conflict to continue as an excuse to impose a de facto martial law nationwide and eventually a full-blown fascist dictatorship.

Duterte also wants to push through his charter change in order to impose his “bogus kind of federalism,” Sison said.

‘Waiting for a new GRP’

Sison agreed with Duterte that it may be best to wait for a new GRP administration to revive the stalled peace negotiations.

“As far as the NDFP is concerned, the GRP-NDFP peace negotiations can be resurrected in the future by a new GRP administration,” Sison said.

Sison said the Duterte regime may even be finished earlier than 2022.

“The Duterte regime is not eternal. It can be finished with the success of the oust movement, with the end of his term in 2022 or with his certain overthrow as he forces his way to a fascist dictatorship,” Sison said. # (Raymund B. Villanueva)