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The peace negotiations between the National Democratic Front and the
Government of the Philippines would not be possible without the peace negotiating panel
and consultants that embodies the interest and voice of the party they represent. However,
NDF Consultants are constantly being pursued and arrested as the peace negotiations is
claimed to be in a deadlock. The study aims to determine the substantial effect of the
arrest of NDF Consultants Benito Tiamzon and Wilma Austria to the peace negotiations
between the GRP and the NDF. The study will be essential in exploring and identifying
the factors that lead to the advancement of stall of the GRP-NDF peace talks by
analyzing the cases of the Tiamzons. Descriptive Method and Qualitative Approach are
used as the primary research technique in the case study. The Vulnerability Theory of
DorinaBekoe is also used to support the research. The researchers used interviews and
archival research in gathering information essential to this research. At the end of the
study, recommendations are provided that could help further the progress of the peace
talks.
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CHAPTER I
INTRODUCTION
The arrest of Benito Tiamzon and Wilma Austria, both National Democratic Front
peace consultants has tested the effectiveness of the Joint Agreement on Safety and
Immunity Guarantees and the faithful compliance of the two parties involved in the peace
negotiations, the Government of the Philippines (GRP) and the National Democratic
Front of the Philippines (NDFP) who are both signatories of this comprehensive
agreement. The couple was arrested along with Rex Villaflor, Lorraine Castillo, Joel
Enano, JeosiNepa and Arlene Panea in Aloguinsan, Cebu on March 22, 2014(CPP,
under her real name while his spouse Benito Tiamzon holds the NDFP Document of
oriented group working for the promotion and protection of human rights in the
Philippines, there are already 504 Political Prisoners that are detained in different jails in
the Philippines, 208 out of this 504 are arrested and detained under the Aquino
including the couple Benito Tiamzon and Wilma Austria who are both covered by the
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The Joint Agreement on Security and Immunity Guarantees (JASIG), signed on
June 14, 1994 by the Government of the Philippines and the National Democratic Front
atmosphere conducive to free discussion and free movement during the peace
negotiations and to prevent any incident that may jeopardize the peace talks (NDFP,
2006). The protection of the negotiating panel is important so that both parties would feel
secure to discuss matters regarding the peace process and that no force or threat would
affect the way the negotiation happens. JASIG provides immunity and security to the
members of the peace negotiating panel who are prone to surveillance, arrest, detention
and interrogation so that no appalling incidents initiated by the opposing party shall
As stated in the Immunity Guarantees provision of JASIG, that all duly accredited
persons shall be spared from surveillance, harassment, search, arrest, detention, prosecution and
interrogation or any other similar punitive actions that are due to the involvement and participation
in the peace negotiations (NDFP, 2006; p.12). This case study aims to determine the
substantial effect of the arrest of the two National Democratic Front peace consultants
namely, Benito Tiamzon and Wilma Austria, to the peace negotiations between the
Government of the Philippines and the National Democratic Front. This case study aims
to gather data through qualitative method of research including interviews with different
resource persons like the members of the negotiating panels of GRP and NDF and other
individual and institutions that will contribute significant data to this study. Secondary
data shall also be accumulated from books, primers, journal articles, pamphlets and the
like. This study will also use key indicators to determine and measure the effect of the
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arrest and detention of Benito Tiamzon and Wilma Austria to the progress of the peace
talks. Lastly, the researchers will formulate its conclusion and will try to provide possible
recommendations for the both parties that could help in advancement of the peace
negotiations.
B. Theoretical Framework
Party A Party B
Agreement
Vulnerability
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The compliance on a peace agreement that is entered by parties involved in a
conflict is significant to the attainment of the goal of the deal. In the Mutual Vulnerability
theory, Bekoe (2005) suggests that the signatories to a peace agreement are compelled to
follow the contract not only because of the positive gains that a party will acquire by
following the agreement but also because of the negative consequences or sanctions from
the opposing party. The theory also explains the need of the parties to have the ability
sanction the other parties, creating a relationship that can lead to the advancement of the
entering an agreement by which the vulnerability of both parties, in terms of the ability of
a party to give sanction to the other, is important for determining the success or failure of
the implementation of the agreement that can impact on the peace process per se. if each
of the two parties is vulnerable to the sanctions by the other party, the vulnerability of the
two parties are mutual and will lead to the advancement of the agreement.
In relation to this study, Party A and Party B represents the conflicting parties of
the GRP and the NDF that enters the agreement which signifies the Joint Agreement on
Safety and Immunity Guarantees that is created to provide security and immunity
The vulnerability that could either be mutual or not mutual refers to the
vulnerability also refers to the ability of both parties to maintain their openness to each
other and minimizing the use of threats and display of power. In the context of this study,
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the vulnerability manifests in the arrest of the two NDF consultants and the claim that
NDF did not comply to the terms of verification of the Joint Agreement on Safety and
Immunity Guarantees (OPAPP, 2012). The theory suggests that if the GRP and NDF
maintained their vulnerability and does not make efforts to diminish that vulnerability,
then there must be an advancement of the implementation of JASIG and the peace talks.
This concept from the theory allows the researchers to answer the main question of the
study on how did the arrest of the two NDF consultants (Wilma and Benito Tiamzon)
substantially affect the progress of the peace talks between the GRP and NDF.
The theoretical framework shows us the initial process of two conflicting parties
entering an agreement by which the vulnerability of both parties, in terms of the ability of
a party to give sanction to the other, which is important for determining the success or
failure of the implementation of the agreement and the success in advancement of the
each of the two parties is vulnerable to the sanctions by the other party, the vulnerability
of the two parties are mutual and will lead to the advancement of the agreement. The
vulnerability could either be mutual or not mutual depending on the willingness of both
parties to acknowledge negative consequences such as sanctions and also depends to the
ability of both parties to maintain their openness to each other and minimizing the use of
threats and display of power (Bekoe, 2005). Factors such as willingness of each of the
two parties to acknowledge sanctions by the third negotiating party or the other party (on
case of the GRP, NDF is the other party and on the case of the NDF, the GRP is the other
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The arrest of these three consultants of the National Democratic Front namely
of the Joint Agreement on Safety and Immunity Guarantees mutually signed by the
Government of the Philippines and the National Democratic Front shows the
invulnerability of one party, the Government of the Philippines (GRP) on the grounds
that the GRP shows no willingness in acknowledging the sanction that will be imposed to
them by the other party or the third party on their violation of JASIG and refuse to
maintain their openness to each other and minimizing the use of threats and display of
power makes the presumption that the vulnerability of the two parties are not mutual. The
Mutual Vulnerability theory suggests that if the vulnerability is mutual among the parties
involved, then there will be advancement in the progress of the peace process but if one
of the parties involved declined to be vulnerable to the other party, then the peace process
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C. Conceptual Framework
Vulnerability of the
Parties
Not Mutual
Arrest of Gamara
and the Tiamzons
effect of the Arrest of Gamara and the Tiamzons in the progress of Peace
Negotiations.
(2005) can be applied in analyzing the substantial effect of the JASIG violations
ReynanteGamara, Benito Tiamzon and Wilma Austria on the progress of the peace talks.
DorinaBekoe in Figure 1, the conceptual framework (Figure 2) illustrates the focus of the
study on the non-mutuality of the vulnerability of the two parties namely the Government
of the Philippines and the National Democratic Front as manifested by the arrest and
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detention of National Democratic front Consultants ReynanteGamara, Benito Tiamzon
and Wilma Austria, and its substantial effect on the advancement of peace talks.
In the context of this study, as shown in the conceptual framework above, the
Philippines and the National Democratic Front as not mutual because of the violations
made by GPH in the implementation of the Joint Agreement on Safety and Immunity
Guarantees as manifested in the arrest of NDF consultants Benito and Wilma Tiamzon
and ReynanteGamara which are covered by the said Agreement. The study aims to
determine the effects of the JASIG violations, which is correlated to the not mutual
vulnerability variable in the theory, in the progress of the peace process by using the
Mutual Vulnerability theory as theoretical foundation. The data gathered thru interviews
on the negotiating panel of both parties, its consultants and arrested members can be
utilized, analyzed and tested thru the Vulnerability Theory of DorinaBekoe which is
illustrated above (Figure 1). The process of testing the data will follow the flowchart in
Figure 2 from the Vulnerability of each of the two parties to its effect on the progress of
All in all, this research would like to determine the possible implications of the
violations of the terms and conditions of Joint Agreement on Safety and Immunity
Guarantees to the progress of the peace process between the National Democratic Front
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D. Statement of the Problem
The Joint Agreement on Safety and Immunity Guarantees provides security and
immunity to individuals that participate in the peace process including peace consultants
that plays major role in the progress of the peace talks. However, there are alleged
violations of the agreement such as the recent arrest of the NDF consultants Benito and
Wilma Tiamzon. The study will determine the substantial effects of the arrest of the two
NDF consultants as a violation of JASIG to the progress of the peace process between the
National Democratic Front and the Government of the Republic of the Philippines.
Focusing question: How does the arrest of NDF consultants Benito Tiamzon, Wilma
Subordinate questions
1. What specific provisions in JASIG were violated when the NDF consultants were
2. What changes took place in the peace negotiations between NDF and GRP after the
arrests?
3. What may be the other factors that could affect the progress of the peace negotiations
4. What has been the outcome of previous violations of JASIG? How did these violations
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E. Significance of the Study
The case study on the effect of the arrest of Benito Tiamzon and Wilma Austria
on the progress of peace negotiation between the Government of the Philippines and the
National Democratic Front involves a wide array of socio political implications to the
Philippine Society that is significant to the study of local conflicts in the Philippines. As
a. Academic Significance
The study will be of great importance in proving the Mutual Vulnerability Theory
by which when proved to be accurate by this study by way of applying this on the case of
the peace negotiation between GRP and NDF, this theory could be used by any two
conflicting parties entering into a peace agreement like JASIG. In assessing the
interpreting and evaluating other cases of armed conflict with regards to their approach in
the peace negotiations. This study is of immense help to researchers, students of politics,
and individuals who are part of the peace negotiations alike, since the study would be
b. Practical Significance
The Joint Agreement on Security and Immunity Guarantees is one of the major
breakthroughs of the two parties in the peace negotiation panel in their road to the
success of the peace talks and lasting peace in the countryside, and the arrest of NDF
Consultants Benito Tiamzon and Wilma Austria has tested the effectiveness of this
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agreement. This program has been in effect since June 14, 1994 and one of famous
example of an agreement that initially failed because of the improper handling of each of
the party involved (Mallari, 2014). Having focused on the effect of the arrest of Benito
Tiamzon and Wilma Austria and other victims of JASIG violations on the progress of the
peace negotiations between the Government of the Philippines and the National
Democratic Front, this study explores in identifying the factors that lead to the
advancement or stall of the peace talks by analyzing the cases of Benito Tiamzon and
Wilma Austria who are supposedly protected by the terms and conditions of Joint
Agreement on Safety and Immunity Guarantees. The violations committed against JASIG
can explain which in which aspect of this agreement that the two parties need further
understanding and if deemed necessary, what part of this agreement needs revision. It can
also analyze as to why it is said to be repeatedly being violated even if both parties had
agreed to it. The outcome of the study can help the government as well as the NDF to
create a better approach with regards to the implementation of safety and immunity
guarantees.
the Peace Process as well as non-government organizations can use the study for future
reference as a possible guide on handling similar cases with regards to the peace
negotiation process. In analyzing the effect of the arrest of the Tiamzons in the progress
of the peace negotiations between the Government of the Philippines and the National
Democratic Front, the results of this study could be used as a contribution to create a
more effective approach and agreement that will suffice the demands of both parties.
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F. Scope and Limitations
Austria on the progress of peace process involves a wide array of subject matter that may
include discreet and confidential information that could be a threat to national security
and the safety of the researchers. In order to avoid circumstances that may lead to
unfortunate events, the researchers will only gather limited information and data that are
open to the public. The researchers are given a timeframe of one year in completing this
study. The research subject is narrow and recent which makes data gathering limited
because there are only few literatures and articles that are significantly related to the
topic. The data will be accumulated primarily from actual interviews of different resource
persons that can provide significant data to the study and will be backed up by data
brochures, and leaflets. The focus of this study is limited only on the caseof the arrest of
The study shall cover phenomena and events related to the arrest of the Tiamzon
couple and its effect to the progress of the peace negotiation process between the
Government of the Philippines and the National Democratic Front. In conducting this
study, the researchers will try to provide a conclusion on whether the arrest of Benito
Tiamzon and Wilma Austria, has significant effect on the progress of the peace
negotiations. Due to time constraints, the assessment is limited only to phenomena and
events related to arrest of Benito Tiamzon and Wilma Austria excluding those other
occurrences that has no direct relationship with the arrest of the Tiamzon couple, and its
effect on the progress of the peace negotiation process.Different institution like OPPAP,
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GRP JMC and AFP on the side of the GRP were also contacted but the information that
can be gathered depends on the availability of these institutions. On the side of the NDF,
possible persons that can be interviewed also depends on the availability and their
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CHAPTER II
The Joint Agreement on Security and Immunity Guarantees also known as JASIG
is the main agreement of the Government of the Philippines (GRP) and National
Democratic Front (NDF) regarding the protection of their negotiating panel. The
chairman of the negotiating panel for GRP is Howard Q. Dee while from the NDF is Luis
G. Jalandoni. It was signed on June 14, 1994 in Breukelen, the Netherlands wherein its
conducive to free discussion and free movement during the peace negotiations and to
prevent any incident that may jeopardize the peace talks (NDFP, 2005).
It is stated in the Security Guarantees provision of the agreement that all duly
guaranteed free and unhindered passes in all are guaranteed free and unhindered passage
in all areas in the Philippines and in travelling to and from the Philippines in connection
with the performance of their duties in the peace negotiations (NDFP, 2006). This
agreement also guarantees the immunity of all accredited persons from surveillance,
harassment, search, arrest, detention, prosecution and interrogation or any other similar
punitive actions due to any involvement or participation in the peace negotiation as stated
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B. Local Conflicts
President Ramos outlined a peace and unification process that aims to unify the
state with the CPP/NPA and MNLF (Rasul III, 1993). The administration of President
Ramos tried to end the separatist movements in the Philippines by initiating the
government to come up with peace negotiations. Mindanao has the biggest number of
armed rebels with 50% of the NPA and over 20,000 Moro fighters from MNLF and
MILF (Linao, 2001). It grew from the assertiveness of poor and ethnic powerless groups
caused by the misdistribution resources and oppression that lead to armed conflicts
(Rasul III, 1993). Political issues with militarization, genocidal and ethnocidal threatens
the people of Mindanao (Linao, 2001). Since the Mindanao has very different culture,
some extremist try to eliminate them in order to take control of their lands. The
Philippine Government and Moro Liberation Front engaged formal peace talks since
The Final Peace Agreement between the Government of the Philippines and Moro
National Liberation Front in the year 1996 did not end the Muslim secessionist
movement in Mindanao (Buendia, 2004). The government already had a final peace
agreement but the end of the armed conflict still continued. It meant the failure of both
parties to comply with the said agreement. During the MILF peace process in 2008,
President Arroyo pledged to defeat the communist rebels by 2010 (Hicken, 2009). This
means that the Arroyo Administration sees the Mindanao conflict could be resolved but
not the communist insurgency that is why they continued the peace talks in Mindanao but
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b. Mindanao Secessionist Movements
The Filipino Muslims main reason of resistance is the colonial integration policy
of the Philippine Government (Rasul III, 1993). This is because most of the laws and
development of the country is based on its colonial masters. The roots of the ethnic
conflict in Mindanao can be traced since the Spanish and American colonial periods since
the strong resistance of the Muslim communities (Quimpo, 2001). The people of
Mindanao stood independent since 1450 and were not part of the Spanish colonization
that questions them to be part of the modern Philippines or create a separate government
The three century Spanish rule of the Philippines often result in conflict with the
Muslims eventhough the Spanish treated the sultans sovereign (Majul, 1988). The
people of Mindanao have always separated themselves during the colonization years of
the Philippines. They were the only ones who were able to protect and preserve their
culture despite the efforts of the colonizers to impose its culture to them. The
independence from the United States pave way for the administration of the Moro areas
to the Christian Filipino Elite and the interests of the Moro people were not considered
(Haque, 1996).
nation building brought by the independence (Magdalena, 1997). Since the North of the
Philippines specifically Luzon became the center of the government during its
colonization era, it became the priority of the government and has become the center of
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development. Luzon as well as Visayas was part of the nation building whereas
Mindanao was somehow left behind and it let them progress their own nation building.
Compared to the CPP/NPA negotiations, the Mindanao secessionist has more progress in
their peace talks. NurMisuari is the founder and chairman of MNLF acting as the
chairman of Southern Philippines Council for Peace and Development did not brought
peace and development in Mindanao (Buendia, 2004). During 1997, the Government of
the Philippines and Moro National Liberation Front mediated by the Organization of the
Islamic Conference signed what was known as the final peace agreement which provided
2001). The Peace Agreement is a major factor for the Bangsamoro Revolution but its
implementation is rather problematic that hindered the expected peace and development
(Santos Jr, 2001). This means that even if there is already a final agreement, it does not
end there. There should be proper implementation and strict compliance and adherence to
what was the agreement in order to officially end the conflict and start the planned
development. There were claims that ARMM was not adequately funded by the
government which created tensions between the Government of the Philippines and
MNLF leaders even after the Peace Agreement (May, 2001). The Bangsamoro Juridical
Entity (BJE) includes the autonomy of Bangsamoro with power over basic law, security
forces, education, to have their own system of finance and political institutions as well as
full authority in the use of natural resources found in the territory (Hicken, 2009).
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d. Moro Islamic Liberation Front
was sidelined by the government since the 1996 peace talks (Buendia, 2004). This means
that the government now has to deal with two separatist groups in Mindanao in order to
resolve armed conflicts. It is possible that the CPP/NPA might have a breakaway group
and if they can handle this situation in the Mindanao, they may get a framework in case
such scenarios may happen in the future. The GRP-MILF official peace process started in
1997 through the signing of GRP-MILF Agreement for the General Cessation of
Hostilities through the initiative of President Ramos but due to his end of term, it failed to
ordered an all-out war against the MILF in March 2000 (Quimpo, 2001). It was because
of little success from the government and frustration that led the Estrada Administration
to conduct an all-out war against the MILF (May, 2001). Due to the capture of MILF
chairman SalamatHashim, the GRP-MILF peace talks which began in January 1997 but
started tackling the substantial issues only in October 1999 collapsed (Quimpo, 2001).
This is important as the recent capture of NDF Consultants means that the peace talks
with the two parties may also go back to scratch. Upon the ouster of Estrada as the
President, the successor President Arroyo announced that the government would seek to
continue the peace talks with the Moro rebels officially ending the all-out war policy
against the MILF (Quimpo, 2001). The change of administrations also hinders the
progress of the peace talks as they have different views and approach on how to deal with
the separatist groups. During 2003, GRP-MILF negotiations tried to revive the stalled
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peace talks of May 2002 known as the fourth round of peace talks which produced two
agreement, one is an adhoc joint action group by the GRP and MILF for the security of
Mindanao against kidnap for ransom groups known as Lost Commands and second is the
the GRP-MILF Tripoli Agreement on Peace of 2001 (Buendia, 2004). The first round
was sealed under the 2001 Tripoli Agreement of Peace that provided security,
rehabilitation and ancestral domain whereas the second and third round only centered on
2007, Moro Islamic Liberation Front negotiators left the negotiating table and placed in
on hold and remained the same until the first quarter of 2008 (Hicken, 2009). Knowing
the progress of other peace talks by the government and other separatist groups shows the
the Cordillera Peoples Liberation Army can also be considered an offspring of the
National Democratic Revolution waged by the CPP-NPA-NDF. Aside from the fact that
the founding members of this revolutionary group based on the mountains of Cordillera
are high profile regional cadres of the Communist Party of the Philippines, the issues of
exploitation, neglect, social injustice and discrimination are also the main reasons in
waging this secessionist peoples war and the establishment of this revolutionary armed
group. The peace process between the Government of the Philippines and the Cordillera
Peoples Liberation Army can also provide some strategies for the success of the peace
talks.
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The Cordillera Peoples Liberation Army (CPLA), a regional offshoot of the
in 1986 (International Crisis Group, 2013). The Cordillera conflict can be traced to
centuries of neglect, discrimination and exploitation of the Indigenous People since the
colonial times (Rasul, 1993). The uncolonized people of Cordilleras has preserved their
indigenous way of life and consolidated their own national community separate from
their lowland brothers (Hernandez, 1989). The Philippine governments that succeeded the
by imposing uniformity on policies without regarding the interest of the Cordillera people
The most visible manifestation of these unjust social relations is the exploitation of
people, impingement of big business and the integration of the Cordillera villages into the
market economy (Maranan, 1987). The main issues that causes the eruption of Cordillera
without the benefit of economic development, the issue on the ancestral domain and the
dichotomy of values, institutions, systems and even goals between the Cordillera people
and their lowland brother which led to their aspiration of their autonomy from the
Philippine Government (Rasul, 1993). The plunder of environment and of the Cordilleras
and the violence on the lives of the people of Cordillera nation have been carried on by
the majority people and the Philippine Government not only on the Filipinos behalf but
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g. The Cordillera Peace talks
The Cordillera Peace Talks between the Philippine Government and the Cordillera
panel led to the creation of the Cordillera Administrative Region (CAR), granting them
autonomy in Cordillera (Rasul, 1993). The talks led to the granting of autonomy in the
Cordillera with the establishment of the Cordillera Administrative Region (Rasul, 1993).
The CAR was established under EO 220 by returning Abra, Baguio City, Benguet,
marked the end of the threat posed by the Cordillera rebellion (Rasul, 1993). The issue of
the Cordilleras, as an autonomous region within the Philippine body politic is the high
point and references of struggle for a just and lasting peace (Hernandez C. , 1989).
Time is a key factor for the armed revolutionaries in their strengthening their
armed forces and for the party to establish, expand and consolidate base areas in as many
parts of the country as possible and also politicizing and mobilizing the people for mass
All of these vital and necessary ingredients for a successful insurgency require
time to develop and therefore is the strategy of protracted peoples war in the Philippine
National Democratic Revolution waged by the CPP-NPA-NDF and the Filipino people
(Corpus, 1989). The CPP was formed in 1968 with only 9 original squads and with only
35 assorted rifles and handguns but now, its membership has already reached an
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estimated 24,000 full time guerilla fighters, opened more than 60 guerilla fronts and base
areas in the countryside, the NDF as a united front of different sectoral revolutionary
organization of the CPP which is just a skeletal organization at first, but now has gained
its flesh attracting influential members of the clergy, the business community, the media,
government and other strategic sectors of our society (Weekley, 2001). The strategy of
the protracted peoples war entails the total mobilization of the entire people for armed
struggle, open mass struggles, rural and urban uprisings and other forms of unarmed and
armed combat to destroy by stages the military and political capability of the reactionary
government (Hernandez, 1989). All of these factors are concretization of the strategy of
Protracted Peoples War wherein given more time; revolutionary fighters will continue to
build up strength until the balance of forces finally tilts in their favor (Corpus, 1989).
The CPP-NPAs general strategy is to set up as many rural base areas all over the
country as possible, and to gradually expand and consolidate these base areas until they
link with one another, thus controlling a vast portion of the countryside before finally
taking the cities (Corpus, 1989). This strategy is based on the analysis that the Philippines
where the great number of population is composed of poor landless peasants living in the
countryside, meaning the agrarian revolution of the National Democratic Struggle will
attract the greatest number of people from the countryside (Guerrero, 2006). It is also in
the remote and depressed areas in the countryside that the government presence,
influence and control is minimal thus, the revolutionaries have their relative freedom of
action (Weekley, 2001). The extensive mountainous areas and forested regions in the
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mountains of the countryside offer the guerilla revolutionaries an ideal room for strategic
counteract the guerilla tactic of the protracted peoples war of the CPP-NPA. These
counterinsurgency campaigns have tried to pacify the armed revolution by force and
outside the negotiating table of the peace process. Events and phenomena in this
counterinsurgency campaign can also create a great impact on the peace negotiations
because the ground soldiers of each party are also subject most of the comprehensive
1. OplanKatatagan
1981 up to the end of Marcos dictatorship. OplanKatatagan was the militarys basic
strategy against the communist insurgency, which by then was considered the major
internal security threat wherein heavy redeployment of troops from Moro National
Liberation Front (MNLF) areas to the stronghold of the Communist Party of the
Philippines (CPP) and its armed wing, the New Peoples Army (NPA) was affected
(Santos, 2005). OplanKatatagan was implemented in four stages namely the clear, hold,
with the help of other government agencies, to systemically clear areas of insurgents,
hold these against returning guerillas, consolidate support for the government and
develop the areas economy (Hernandez, 2006). It also involved the police, paramilitary
forces through the strengthened Civil Home Defense Forces (CHDF), civilian voluntary
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organizations, and local development agencies in achieving the security-development
Clearing was the duty of mobile armed forces (army battalions and constabulary
special action forces), while holding and consolidating were the tasks of the territorial
forces (the constabulary, police and militia). The methods used by armed forces included
food blockades, cordon and search operations, and hamletting of forced relocation of
communities (Malonzo, 2010). Military units were also positioned in town halls, business
and major roads (Dolan, 1993). Though correctly premised on the fact that the insurgency
is caused by social inequalities and other ills in the society, OplanKatatagans goal,
however, was still to defend the state instead of securing and caring for the people
(Hernandez, 2006).
2. OplanMamamayan
influence (Santos, 2005). The victory position was reflected in the establishment of
Special Operations Team (SOTs) that had three teams undertaking psychological,
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security and "stay-behind" operations wherein the psy-ops team sought to discover
guerilla political organizations and structure, the security team handled the safety of
captured rebels while the third team took care of the barangay defense(Hernandez, 2006).
The Government of the Philippines held peace talks with the National Democratic
Front of the Philippines from August 1986 to February 1987, but the negotiations
3. OplanLambatBitag
The AFP hatched the vicious strategy OplanLambatBitag, considered the best
refinement of its predecessors, LambatBitag's long term goal was to end the insurgency
by addressing its political, economic and social causes but its immediate aim was to
"slash its growth through military means" which demonstrates the "unsheathing of the
sword of war", a sign of the influence of the military in Aquino's policy regarding
operations teams in 1987 and the creation of new militia units in 1988 as vital moves for
the efficacy of the counterinsurgency measure (Malonzo, 2010). The special operation
teams were squad sized military teams, which worked with the newly face-lifted militia
called the Citizens Armed Forces Geographic Units (CAFGUs), sent to communities to
discredit the CPP-NPA through civic actions and propaganda programs. The CAFGUs
were formerly the Civilian home Defense Force well known for killings and human rights
anticommunist vigilante groups and other death squads, which the US was reportedly
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distribution of anti-communist film and publications from the US Information Agency
(Malonzo, 2010). The AFP claimed to have substantially weakened the NPA and ended
the OplanLambatBitag in 1995, but this would later be called a strategic blunder of the
Philippine Military because the communist forces eventually recovered and began
4. OplanMakabayan
Under the Estrada administration, which declared an all-out war in Mindanao, the
5. OplanBantayLaya
the restoration of the elite democracy in 1986, spanning two decades and four
presidencies, the Armed Forces of the Philippines launched OBL in January 2002, a year
after Arroyo came into power, and is intended to run for five years (Malonzo, 2010). A
second OBL (OBL2) was put in motion in January 2007, with 2010-Arroyos final year
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OplanBantayLayas strategic goal is to decisively defeat armed insurgent groups in
order to attain and maintain peace and security for national development (Malonzo,
2010). Among these groups, the CPP-NPA is singled out by the Armed Forces of the
OBL is patterned after the OplanLambatBitag, widely considered within the military
and defense establishment as the most successful counterinsurgency drive in the Post-
Marcos era (Corpus, 2010). Like the OplanLambatBitag, internal operations by the AFP
done through the Special Operations team (SOT) operations which are carved out from
regular infantry battalions of the Philippine Army and is composed of at least nine
members, which includes two psyops specialists, two intelligence specialists, and two
political machinery of the CPP-NPA in target communities (Corpus, 2010). SOT forces
focus on destroying the CPP-NPAs non-military organs and basses of mass support,
aware that they are manned by civilians and non-combatants, and deprive the insurgent
forces of support structures that enable them to operate, a measure that is likened to
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administration has its own strategy and tactics in handling the armed conflict through
a. Ramos Administration
The Government of the Philippines under former president Fidel V. Ramos saw
the on-and-off progress of peace talks between the GRP and the National Democratic
front because of the several stoppages of peace talks that were resumed eventually after
several negotiations. During this administration, the illegality of the Communist party of
the Philippines (CPP) was revoked because of the repealing of the Anti-Subversion Law
(University of Southern California, n.d.). also in this administration that the Joint
implemented in 1994 and the Comprehensive Agreement on Respect for Human Rights
Network, 2005).
b. Estrada Administration
(CARHRIHL) has been signed and been implemented in accordance with the Philippine
Constitution and other legal terms but it is also during his term that peace negotiations
has been suspended several times because of the side issues like the ratification of the
Visiting Forces Agreement (VFA) by the Senate of the Philippines, granting US military
forces unlimited access to and use of Philippine ports and airports which is claimed by
the NDF as a violation of the principle of national sovereignty and the GRPs own
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It is also during his term that the Government of the Philippines has opted to local
peace talks after the suspension of the formal peace negotiations between the NDFP and
the GRP (Corpus, 2010). Estrada was not interested in an implementing mechanism for
and quickly becoming infuriated with the NDFs negative responseto move toward a
but Estradas war failed miserably (Quimpo, 2006). His administrations failure to
address the root causes of the armed conflict and focus on the victory position helped
c. Arroyo Administration
On the early part of Arroyos term, the negotiations has been resumed and the
effectivity of JASIG has been reinstated. Formal Peace Talks in Oslo, Norway has been
resumed on April, 2001 with official hosting and facilitation by the Royal Norweigian
Government (RNG) (NDFP, 2006). But after the 9/11 attacks, the CPP-NPA-NDF has
been included by the US Government and its allies in their list of foreign terrorist
organizations (Corpus, 2010). The Government of the Philippines has recognized this list
leaders and consultatants on their terrorist watch list (NDFP, 2006). The Government of
the Philippines under the Arroyo Administration calls on the NPA to lay down their arms
and join the mainstream of the society (Quimpo, 2006). After the visit of US Secretary of
State Colin Powell to the Philippines, the Arroyo Administration virtually declared all-
30 | P a g e
Extrajudicial killings is rampant during the anti-revolution campaign of Arroyo
Administration (EILER, 2005). Peasant leaders, worker organizers, student leaders and
other individuals that are part of the legal leftist organizations and Party-List groups are
suspiciosly murdered and under surveillance (Philippine UPR Watch, 2012). Human
rights violations like the abduction of the two UP Student-Activists, Sherlyn Cadapan and
Karen Empeno has been extensive during Arroyos Administration (Philippine UPR
Watch, 2012). This events empede the resumption of the talks between the GRP and the
The Hague Joint Declaration is the framework agreement for the GRP-NDFP peace
negotiations. It puts forward the attainment of a just and lasting peace as the common
goal of the formal peace negotiations (NDFP, 2006). It requires that the negotiations must
democracy and social justice and no precondition shall be made to negate the inherent
character and purpose of the peace negotiations (NDFP, 2004). The substantive agenda
agreed upon in the declaration includes human rights and international humanitarian law,
disposition of forces (NDFP, 2005). The method is laid down for arriving at tentative
agreements on substantive issues in the agreed agenda; specific measures of goodwill and
confidence building are called for to create a favorable climate for peace negotiations
(NDFP, 2006).
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b. The Breukelen Joint Statement of 1994
Declaration of the Government of the Philippines and the National Democratic front of
the Philippines wherein the two parties has voluntarily undertaken measures to improve
the climate on negotiation (NDFP, 2006). In this Joint statement, the Government of the
Philippines Panel and the National Democratic Front of the Philippines Delegation has
agreed to adopt safety and immunity guarantees for personnel who will participate in the
peace negotiations as negotiators, staffers, consultants and security personnel and the
ground rules for the future talks (NDFP, 2006). This Joint Statement is the foundation of
peace talks between the GRP and the NDFP signed on March 16, 1998. The gist of this
agreement lays on the respect of the two parties, specially their armed forces to the
human rights and international Law and recognizing that respect for human rights and
the ground for a just and lasting peace between the two parties (NDFP, 2005). CAHRIHL
is the fruit of the long history of struggle of the Filipino people to uphold and protect
rooted on a existing reality that systematic and widespread violations of human rights is
still existing in our country up to this time (Quimpo, 2006). This comprehensive
agreement so far is the biggest success of this peace negotiations and a contribution to the
32 | P a g e
currently existing local and international documents on human rights particularly on the
The NDFP and the GRP signed the CAHRIHL in the context of negotiations for a just
and lasting peace (Human Development Network, 2005). This comprehensive agreement
especially those of the workers, peasants, urban poor, women, youth, fisher folks,
national minorities and other oppressed sectors in the Philippine Society (NDFP, 2006).
The CAHRIHL is a response to the peoples demand for justice against the continuing
Identification.
order to declare additional rules of the JASIG exclusively pertaining to the Documents of
Identification (NDFP, 2004). In this agreement, it is stated that each party shall be
entitled to issue not more than eighty-five (85) documents of identification that shall be
duly recognized as safe conduct passes given to the duly accredited persons who are
practicing their duties as negotiators, consultants, staffers, security and other personnel in
their respective parties (NDFP, 2006). The provisions and implementing rules stated in
this agreement should become complimentary and shall not impair or diminish the safety
and immunity guarantees provided for under the JASIG (NDFP, 2006).
33 | P a g e
b. Additional Implementing Rules of JASIG pertaining to the Security of
drafted in order to secure and protect the respective personnel of the two parties involved
in the peace negotiations through their respective security forces (NDFP, 2006). This
kind of security for their respective personnel is likewise required for the consultations,
public meetings, and free and unhindered passage in all areas in the Philippines in
connection with and in furtherance of the peace negotiations that those duly accredited
persons conduct (NDFP, 2004). Some provisions included are the right of the security
personnel to carry a sidearm each including its ammunitions, accessories and spare parts
for their security and self-protection while in the performance of their functions in the
peace negotiations, the creation of Security Committee for the respective Party and other
provisions complimentary and shall not impair or diminish the safety and immunity
The Joint Agreement on the Formation Sequence and the Operationalization of the
Reciprocal Working Committees of the Government of the Philippines and the National
chairperson and two members to be appointed by their respective Negotiating Panels and
34 | P a g e
shall be assisted by consultants, advisers and staff (NDFP, 2006). The said committees
shall be named after the four major headings of the substantive agenda namely Human
Constitutional Reforms, and End of Hostilities and Disposition of Forces (NDFP, 2004).
G. Political Prisoners
A military report presented that the couple are the real in command of the CPP-
NPA and not the founder Jose Ma. Sison(Matus, Fernandez &Dizon, 2014). Benito
Tiamzon was a student activist from UP Diliman in the 1970s who organize labor unions
(Maru, 2014). Benito was already arrested in Fort Bonifacio during the Marcos regime
under the Martial Law (Gloria, 2014). The Tiamzon couple was arrested by a joint police
and military team through a checkpoint in Cebu (Matus, Fernandez &Dizon, 2014).
Benito and Wilma Tiamzon were already arrested from an alleged involvement in the
1985 massacre in Leyte where Wilma escaped the detention center in Camp Crame
(Maru, 2014). They were both named as NDFP Consultants have identifications with
them. This arrest means that the couple was under surveillance even if they are both
protected by JASIG.
b. Reynante Gamara
Committee of the CPP who replace FilimonLagman who was killed in UP Diliman in
2001 (Nepomuceno, 2012). NDFP failed to comply with the mechanisms for the
verification of NDFP Consultants that rendered JASIG inoperative (OPAPP, 2012). This
can explain as to why the NDFP failed to provide the necessary information for their
35 | P a g e
consultants. It shows that the implementation of JASIG is not fully clarified as both
c. Roy Erecre
Philippines and was arrested last May 7, 2014 (Manlupig, 2014). He was able to post bail
of almost half a million for his temporary release (Ligalig, 2014). He was arrested for
robbery in Bohol and frustrated murder in Negros Occidental and was given P5.4 million
bounty (Maru, 2014). His case can be related to study because he was able to bail himself
out of jail while the Tiamzon couple cannot. He is also identified as an NDFP Consultant
The AFP-PNP counterinsurgency forces arrested two elderly persons whom they
thought are CCP Leaders (Sapnu, 2014). They are identified as Lourdes Quioc and
(Ocampo, 2014). The two elderly are victims or mistaken identity. Ms. Magpantay and
Mr. Topacio are NDFPConsulatants who holds Documents of Identification. This means
that even if they are identified as NDFP Consultants, there are still efforts from the
under the Aquino Administration. On 2011, TirsoAlcantara was caught on January 5 and
Allan Jazmines was caught on February 14; On 2012, FilimonMendrez was caught on
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December 25; On 2013, Kennedy Bangibang was arrested on February 24,
Sonny Gonzales on February 10 and Romulo Bitoon on February 17 (Santos Jr, 2014).
In the given timeline, the government have arrested multiple leaders of the
CPP/NPA. The NDFP is providing the information who is their consultants but the GRP
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CHAPTER III
RESEARCH DESIGN
A. Methods
This study will utilize descriptive method in a case study design using qualitative
approach as the primary research technique. The descriptive method will be used to
describe the cases of the detention of National Democratic Front consultants Wilma
Austria and Benito Tiamzonand explore its effect to the progress of the peace process.
Using qualitative approach, the study will utilize interviews and archival research in
a. Case Study
The research design that was utilized in this research is Case study which aims to
create an in depth study on a specific instance of a phenomenon (Yin, 2003). Case study
details of the case.According to Baxter (2008), when the study aims to answer how and
why questions and the behaviour of the individuals involved in the study cannot be
manipulated and the boundaries between the phenomenon and the context is not clear,
b. Descriptive method
to acquire separate descriptions and explanations for each variable when the study utilizes
38 | P a g e
several cases (Gravetter and Forzano, 2009). This type of research method basically
complexity in the object of the research. According to Monsen (2008), the concerns of a
descriptive research are the structures, practices, conditions, relationships that exist,
c. Qualitative Approach
characteristics, symbols and description of things and tends to assess the quality things
using words, images and descriptions (Berge & Lange, 2012). Qualitative method is
basically the subjective method of analyzing and gathering data which deals not on
numbers and statistics. In relation to this study, the researchers will make use of
qualitative method in gathering data by interviews and analysis of archival resources such
B. Data
Resource Persons
There are resource persons that will be the primary sources of data in this
interview which includes but not limited to; the peace negotiating panel of the
Government of the Philippines and the National Democratic Front of the Philippines that
include the names of Luis Jalandoni (Chief Negotiator of the NDF Peace Panel),
Consultants and Staffs of the National Democratic Front of the Philippines such as
Randall Echanis and those political detainees that are claimed to be victims of JASIG
39 | P a g e
violations like Benito Tiamzon, Wilma Austria, who are peace consultants of the
The researchers will also try to conduct an interview with former members of the
peace negotiating who are witnesses and part of the effort on signing the Joint Agreement
on Safety and Immunity Guarantees like Silvestre Bello III, representative of 1 BAP
C. Procedure
Using case study in this research, the researchers will use published and
unpublished written and documented data which includes but not limited to books,
brochure and leaflets, academic journals, dissertations, and thesis. Aside from these
sources, the researcher also utilized interviews in gathering substantial data. Gathering
procedures was conducted at the negotiating panel between the Government of the
Philippines and the National Democratic Front of the Philippines and other individuals
and institutions related to the research topic and that are covered by this study within the
timeframe of Aquino Administration. Articles, Journals and Reports from libraries and
research institutions including documents from Office of the Presidential Adviser on the
Peace Process (OPPAP) and Joint Monitoring Committee (JMC) shall also be utilized.
D. Research Instrument
a. Interview
The primary data gathering instrument that the researchers will use is interviews
as part of its qualitative approach. This is for the researcher to gather data from particular
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people that has the sufficient knowledge and direct involvement about the research topic
and the program itself. The target respondents of these formal and informal interviews are
government officials from Office of the Presidential Adviser on the Peace Process
(OPPAP), peace negotiating panel, consultants and staffs of National Democratic Front
of the Philippines and the Government of the Philippines, and the political detainees that
are directly affected by the arrest of the Tiamzons. The researchers will utilize set of
questions for the resource persons to answer that are structured to provide the desired
data in the form of personal interview and interviews through e-mails, phone and video
calls if necessary.
b. Archival Resources
effects of the arrest of Benito Tiamzon and Wilma Austria on the Peace Negotiations
between the NDF and GRP that are available on the archives and libraries will be
utilized. The files from these archives and libraries are beneficial to achieve the goal of
The researchers are able to collect brochures, primers and leaflets from the
National Democratic Front of the Philippines and shall try to acquire similar and other
forms of materials from the Office of the Presidential Adviser on the Peace Process
(OPPAP) and the Joint Monitoring Committee (JMC). The brochures, primers and
leaflets contain significant information and data about the arrest of the Tiamzons and its
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D. Definition of Terms
a. Conceptual Terms
between the Government of the Philippines and the National Democratic Front that
provides safety and immunity guarantees that protect the rights of negotiators,
consultants, staffers, security and other personnel who participate in the GRP NDFP
atmosphere conducive to free discussion and free movement during the negotiations, and
avert any incident that may jeopardize the peace negotiations (NDFP, 2006).
New Peoples Army (NPA) the armed wing of the Communist Party of the
Philippines; they lead the armed struggle against the Government of the Republic of the
National Democratic Front (NDF) an umbrella organizing under whose wings were
progressive groups, including CPP (Communist Party of the Philippines) and its armed
2005)
42 | P a g e
Imperialism extending the rule of a city or state under foreign control (Barash&Webel,
2014)
Peace Talks dialogue and discussions looking for an agreement of peace and end of
(Ordua, 2005)
b. Operational Terms
mostly practiced by militant groups such as the New Peoples Army (NPA).
Vulnerability refers to the ability of both parties to sanction and be sanctioned by the
orhter parties.
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Chapter IV
A. Data Presentation
This chapter will provide the presentation, analysis and interpretation of the
gathered data regarding the effects of the arrest of the Tiamzons to the peace process. The
group, having done rigorous research and qualitative interview with top officials from the
National Democratic Front and the Government of the Philippines, have gathered enough
information to forward the cause of the paper. The resource persons coming from both
sides of the peace negotiating panel, their official statements and some secondary data
available have provided adequate aid in the proceeding of this academic study. This
research paper will provide a vast analysis on the substantive effects of the arrest of
Benito Tiamzon and Wilma Austria, both NDF Peace Consultants, on the progress of the
peace talks. The Chairperson of the NDF negotiating panel Luis Jalandoni and NDF
consultant Randall Echanis has given the researchers the support and trust to explain the
status of the peace talks and its view on the arrest of the Tiamzon couple.
Rights that fully assisted the researchers on their whole course of research. The Joint
Monitoring Committee of both parties also assisted the researchers on process of their
data gathering; by providing sets of academic documents and references, and recognized
the possible benefits of this study for the research aspects of conflict resolution and the
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The researchers conducted interviews with the chairperson of the NDF
negotiating panel, Luis Jalandoni, NDF consultant Randall Echanis and former GPH
chief negotiator, Congressman Silvestre Bello III. Official statements and published
interviews of other NDF peace panel members such as Jose Maria Sison and the Office of
On the question What specific porvisions in JASIG were violated when the NDF
consultants were arrested, Luis Jalandoni of the National Democratic Front stated in our
interview that the arrest of Benito and Wilma Tiamzon is a violation of Article 1 Sec 1 of
JASIG which provides immunity to all the participants of the peace negotiation between
the GRP and NDF. Prior to the arrest, the Tiamzons were also subjected to surveillance
for two months by the Intelligence Security group, Intelligence Service of the Armed
Forces of the Philippines, The Philippine Army, Criminal Investigation and Detection
group and Carcar Police (Matus et al, 2014) which also violated the provision mentioned
in our interview stating that all duly credited persons are guaranteed immunity from
surveillance, harassment, arrest, detention, prosecution and probation and other similar punitive
actions due to any involvement and participation in the peace process. He stressed the fact that
the Tiamzons are consultants of NDF especially Wilma Austria who, according to him, is
publicly involved in peace negotiations and uses her real name in her document of
Guarantees.
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However, in an interview with Silvestre Bello III, he said that he cannot prove
whether or not the arrest is a violation of JASIG because the verification tool in the form
of diskettes and encryptions allegedly malfunctioned, making the verification of the NDF
GPH must comply with the agreements stated in the JASIG in order for the peace process
to advance and cited the strong political will and eagerness to comply with the signed
agreements by President Ramos manifested on the immediate release of the victims of the
violations of JASIG. The claim of Bello is contrary to the statement of the GPH panel
regarding the arrest, stating that the arrest made no violation of the JASIG, which is
inoperative, and blamed the NDF as the cause of the inoperativeness of the agreement.
According to the statement of OPPAP (2014), the failure to open the verification tools,
which is the fault of NDF, makes JASIG inoperative to those consultants that are using
assumed names or not directly participating in the peace talks. In the case of Benito
Tiamzon and Wilma Austria, the former is listed under an alias. While the latter is not
eligible for JASIG protection even if she was identified in the JASIG list by her real
name because she escaped from detention in 1989, six years before JASIG came into
effect.
On the question on how the both parties view the arrest of the Tiamzons, Luis
Jalandoni, National Democratic Front Chief Negotiator, on our interview with him,
argued that the arrest and detention of Benito Tiamzon and Wilma Austria is a violation
of the Joint Agreement on Safety and Immunity guarantees signed by the both parties.
46 | P a g e
According to him, the arrest and detention of the Tiamzons shows the insincerity of GRP,
its refusal to comply with its standing obligation and a clear violation of the Hernandez
Political Offense Doctrine, which provides immunity for political prisoners and activists
convicted for common crimes because of their social consciousness and objective.
this argument of Jalandoni and stated that the Tiamzons, especially Wilma Austria, is
under her real name. He also seconded the statement of Jalandoni that the arrest is a clear
violation of Hernandez Political Doctrine and claimed that the opposing party has filed
trump-up cases against the Tiamzons. Both Jalandoni and Echanis are strongly
condemning the arrest and demand for the immediate release of the two. However, still
quite unsure on the legitimacy of the arrest and whether there is a violation of JASIG or
not, Silvestre Bello, former Chief Peace Negotiator of the GRP has firmly argued that
JASIG should be respected and operative and whenever the two has been verified as NDF
Consultants, the GRP should immediately release these two political prisoners.
On the question, what changes took place in the peace negotiations between
NDF and GRP after the arrest? Randall Echanis reiterates that the arrest of the Tiamzons
legitimized the reservations of NDF in the talks that the Philippine Government, which he
claimed as reactionary, is not worthy of their trust and thus, they need to become more
vigilant in their every actions. However, Luis Jalandoni of NDF stated in his interview
last January 2015 that the resumption of peace talks, after years in stall, is going to
47 | P a g e
transpire the following month that will start with pre-panel meetings that will create the
concrete steps of the talks. The chief political consultant of the NDF, Jose Maria Sison,
stated in an interview that the peace negotiations between the NDF and the Aquino
government is in deadlock even before the arrest of the Tiamzon couple because of the
non-compliance with and violations of existing agreements and thus, the arrest will create
adverse costs to the peace talks (Valerio, 2014). However, the GRP has made itself more
supercilious and invulnerable after the arrest of the Tiamzons. The Armed Forces
declared that the CPP-NPA-NDF is near to its downfall after the arrest of Benito
Tiamzon and Wilma Austria whom they consider as the leaders and the central
commander of the whole revolutionary movement (Dizon, 'With Tiamzons arrest, its
Other Factors
Other factors that could affect the progress of the peace negotiations between the
NDF and GRP were also mentioned by the interviewees. Silvestre Bello III stressed the
importance of trust and sincerity of the two parties in advancing the peace talks. He
commends the sincerity of the GRP peace panel during the Ramos Administration
wherein the peace panelist from both the GRP and NDF has considered tactical and
strategic value of the talks that led them to consider back channelling and informal talks
to advance the peace talks. He explained that the lesser peace talks mean more shooting
and vice versa. According to him, while the peace negotiation continues, the frequency of
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This was indirectly supported by Echanis stating that the sincerity of the can be
considered another factor that could affect the progress of the peace talks. He mentioned
that in 13 years and 7 months, the GRP declared indefinite recess three times (totaling 8
months and 41 days) suspended the talks 6 times (totalling 44 months and 74 days),
collapsed the peace talks once (lasting for 1 month) and terminated the peace talks once
(amounting to 21 months and 4 days). Altogether, these unilateral moves by the GRP to
initiate recess, suspension, collapse and terminate the peace talks amounted to 6 years, 6
months and 5 days and that on the same period in 13 years and 7 months; while in the
same period of time, the NDF has declared the postponement of the formal talks only
once. It lasted for 4 months and 5 days in order for the other party to comply with the
agreement. According to Jalandoni, the release of some detained NDF consultants will
prove the "seriousness" of GRP in pursuing the peace negotiations with the NDF,
Pointing that the resume of the peace talks relies on President Aquino.
Another factor that was stressed by Jalandoni for the GRP to consider is the
Just and Lasting Peace, Citizens Action for Justice. One concrete example given by
Jalandoni is the effort of an ecumenical peace advocate group in the United States to
create a law in the congress requiring the Philippine Army to have improvements in their
Human Rights record in order for them to receive the 50 million USD worth of military
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Previous violations
On the question what has been the outcome of previous violations of JASIG?
How did these violations by GRP affect the progress of the peace negotiations?
Jalandoni mentioned the arrest of Sutero Llamas in 1995, an NDF Consultant, the same
year JASIG was signed. The NDF stated that the peace process will not resume unless
SuteroLlmas was released. The GPH treated the demand as a pre-condition to start the
peace talks which lead to the compromise of the NDF. Echanis added that the arrest was
condemned by the NDF and appealed the immediate release arguing that the GRP should
comply with JASIG for the advancement of the peace talks. The GRP later released the
NDF consultant in respect to JASIG. In line with said agreement, according to Bello, the
Chief Negotiator of GPH during the Ramos Administration, When he advised the
agreements, they were immediately released which lead to the creation of 10 documents
that are significant to flow of the peace talks. The OPPAP (2012) however argued that in
the case of the arrest of ReynanteGamara, NDFP failed to comply with the mechanisms
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B. Interpretation of Data
The two parties presented opposing view with regards to the arrest of the
Tiamzons whether it is a violation of JASIG or not. The NDF is united in their claim that
the arrest of the Tiamzons is a clear violation of JASIG because it violates the immunity
guarantees provision which provides immunity to the peace talks participants from
surveillance, arrest, detention and harassment. However, the data shows that there are two
different perspectives that arose in the claims of GRP whether the arrest is a JASIG
violation or not. Former GRP Chief Negotiator Silvestre Bello III contradicts the
reiteration of OPPAP that there is no violation of JASIG because they already declared
The opposing view from the two GRP respondents shows that the strategy in pursuing the
the judgement of the current administration. According to Bello, the strong political will
of the President during the Ramos Administration has resulted to the creation and signing
of 10 documents that are vital to the adherence of the two parties in the general
framework of the peace talks which is the Hague Joint Declaration. Contrary to the
Ramos Administration, the Aquino government failed to produce any agreements with
the NDF and the progress of the peace process was limited to special tracks that are just a
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The answer of Silvestre Bello, which is coincidentally, the chief negotiator of
GRP during the Ramos Administration, was based on his experiences in the peace panel
during the time of President Ramos. The contradicting statements of the current GRP
panel under the Aquino administration and the chief negotiator of the GPH panel in the
Ramos administration proves that the progress of the peace process clearly depends on
the political will and eagerness of GRP to comply on signed agreements that changes
every GRP administration. The consistency of the NDF in their will in pursuing the peace
process is evident from the time of the Ramos Administration up to the present
administration as noted by one of the respondents. The data analysis revealed that it is on
the prerogative of GRP to meet the resiliency and strong political will to pursue the
Aftermath
The data presented shows that unifying statements of the respondents on the side
of the NDF indirectly indicates that the arrest of the Tiamzon couple has a trivial cost on
the conviction of the NDF side to trust the other party in their track in pursuing peace
talks. Trust, according to the former GRP Chief Peace Negotiator, Silvestre Bello III, is a
vital element of peace negotiations especially on the case of the GRP-NDF peace talks. It
is according to Bello that when a certain party has lost its trust on the other party, the
peace negotiations has a high possibility to stall. The data utilized from the interview
from Bello legitimized the conceptual framework of this study which is anchored on the
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Factors such as trust and political will of any of the two parties to acknowledge
sanctions by the third negotiating party or the other party (on case of the GRP, NDF is the
other party and on the case of the NDF, the GRP is the other party) has clear effects on
the progress of the peace talks. The arrest of the Tiamzons is the product of the
invulnerability of the GRP under the Aquino Administration. The data shows that the
arrest of the Tiamzons signifies the weak political will of the Aquino Administration in
addressing the root causes of the armed conflict and pursue the peace talks with the NDF.
Arrest and detention of NDF Consultants Benito Tiamzon and Wilma Austria is a display
of force and invincibility by the GRP thus making them invulnerable to sanction from the
opposing party and the third party involved. But the willingness of the NDF to carry on
the track of the peace talks amidst the arrest of Benito Tiamzon and Wilma Austria shows
their strong political will in pursuing just and lasting peace through peace negotiations
and socio-economic reforms. The events transpired after the arrest of the Tiamzons also
showed that the NDF have very minimal changes on its conflict resolution strategy, they
remained resilient on their strong political will in pursuing the peace talks and remain
allegiant to the agreements and frameworks mutually signed by the two parties. However,
the invincibility of the GRP subsequent to the arrest of the Tiamzons made itself outlying
from the track of just and lasting peace through peace negotiations with the NDF.
The arrest of NDF Consultants Benito and Wilma Tiamzon and other NDF
peace negotiation progresses. However, there are several factors that could also be
53 | P a g e
considered. Bello mentioned that formal talks, informal talks and back channelling
transpired during his term as GPH Chief Negotiator under President Ramos. These
avenues showed the sincerity of the Ramos Administration in pursuing peace talks as
they resorted to back channelling method in trying other possible ways to advance the
peace talks with the NDF. The willingness and political will of GRP and NDF can be
measured based on the numbers of recess, suspension, collapse and termination of the
peace talks.
Another factor that could affect the peace process is the influence of peace
advocate groups and peoples organizations in promoting the advancement of the peace
talks. The effort of peace advocate groups to pressure the congress of the United States to
pass a law regulating the military assistance depending on the improvements on the
Human rights record of the Philippine Army clearly shows that civil society groups could
Experiences
The alleged violations of JASIG that transpired prior to the arrest of NDF
consultants Benito and Wilma Tiamzon generated significant effects on the flow of the
peace negotiations. The data showed that the initial reaction of National Democratic
Front whenever there is an alleged violation of JASIG is in form of protest that leads to
the slow progress of the peace talks because of the diversion of the focus of the peace
process, from the roots of the armed conflict to the issue of preconditions and compliance
to agreements signed by both parties. In the case of Sutero Llamas in 1995 and other
54 | P a g e
similar cases, the arrests lead to the demand of the NDF to release the said consultant
disregarded since the claim of both parties are contradictory. The main point is that,
whether the demand for the release of NDF consultants is a precondition or not, the
alleged violations of JASIG hinders the progress of the peace talks. The immediate
response of the Ramos administration to previous JASIG violations that lead to the
advancement of the peace process during that time proves that the strict compliance of
the GRP in the signed agreements is vital to the peace talks. The respondents from the
NDF and GRP side both emphasized on the loss of the verification tool that could open
the encrypted file that contained the names and identities of the NDF consultants which
was passed by the NDF. Respondents from the NDF clearly stated their willingness to
constitute another verification file. However, the refusal of the GRP to prioritize the
peace process with the NDF maintains the stagnancy of the negotiations.
55 | P a g e
Chapter V
A. Summary
The focus of this study is to determine the effects of the arrest of Wilma and
Benito Tiamzon to the progress of the peace talks between the National Democratic Front
and the Government of the Republic of the Philippines. The background of the study in
chapter one was done by studying literatures and articles that covers the arrest of the
Tiamzons and the NDF-GRP peace negotiations. The arrest of the Tiamzons is contested
study. Chapter two includes the study of literature that are related to the topic that
includes researches, books and articles that discussed about peace negotiations,
communist insurgency and other subjects related to conflict resolution. In order for the
proponents to answer the main and sub problems, interviews were conducted to the main
personalities involved in the GRP-NDF peace negotiations such as Luis Jalandoni, the
chief negotiator of the NDF, NDF consultant Randall Echanis and former GRP chief
negotiatior Silvestre Bello III. The answers of the respondents are validated and
supported by secondary sources coming from issued statements, published interviews and
news articles. The proponents utilized descriptive method in a case study design using
The main question was answered by figuring out the sub problems of this study
such as: the specific provision of JASIG that was violated in the arrest and how both
parties viewed the alleged violation; The changes that occurred in the peace negotiations
56 | P a g e
between GRP and NDF after the arrest; Other factors that could affect the progress of the
peace process; and the effects of the previous violations of JASIG to the peace talks. The
data showed that the arrest is clearly a violation of the Immunity Guarantees provided in
the Joint Agreement on Safety and Immunity Guarantees (JASIG). However, the GRP
claims that the agreement is inoperative. Moreover, the GRP also have two views
regarding the arrest which proves that the peace process is directly influenced by the
The aftermath of the arrest of Wilma and Benito Tiamzon showed the consistency
of the NDF in reviving the peace talks because of their willingness to reconstitute a new
verification tool in JASIG which protects the participants in the peace negotiations. Aside
from the violations of agreements such as JASIG, there are also other factors that could
affect the progress of the peace process such as the sincerity of both parties, willingness
of the GRP and NDF as reflected in the numbers of recess, suspension and termination of
the peace talks and the support of peace advocate groups. The previous violations of
JASIG generated different effects on the progress of the peace talks. There were cases
wherein the peace talks were suspended by the NDF to protest the release of an NDF
consultant that is covered by JASIG. However, other cases showed very minimal effects
on the negotiations.
B. Conclusion
The research shows the consistency of the NDF in the peace ngotiations with the
GRP by following the National Democratic line constituted in their 12 point program.
There are very minimal changes in their principles and political strategy in peace
57 | P a g e
negotiation with the Government of the Philippines since it formally started entering into
the talks with the government in 1992. However, the Government of the Philippines have
a dunamic political strategy in dealing with the peace talks. The study shows that each
administration has its own approach in dealing with the peae negotiatons with the NDF.
The frequent alteration of GRP peace panel also contributes to the inconsistency on the
strategy for peace by the Government of the Philippines. In the case of the current
administrations scheme in dealing with the peace talks, the Aquino Administration
addressing the root causes of the armed conflict and the advancement of just and lasting
The arrest of the Benito Tiamzon and Wilma Austria has NO substantial effect on
the progress of the Peace Talks but has marginal upshot on the trust of the National
Democratic Front towards the Government of the Philippines considerint the previous
violations of Joint Agreement on Safety and Immunity Guarantees and other mutually
It is apparent that the events transpired prior and after the arrest and detention of
Benito Tiamzon and Wilma Austria shows the strong political will of the National
Democratic Front of the Philippines to go back to the negotiating table and talk about
how to address the root cause of the armed conflict between the GRP and CPP-NPA. The
diminution of trust of the National Democratic Front toward the Government of the
Philippines could result to the stall of the peace talks, however this diminution of trust is
trounced by the strong political will of the NDF to attain a just and lasting peace thru
58 | P a g e
C. Recommendation
The researchers, after an obscure assessment on the substantial effect of the arrest
of Benito Tiamzon and Wilma Austria to the progress of the peace talks, now lead to
Democratic Front (NDF) and the Government of the Philippines (GRP). The assessment
and all the processes of the study involved have drawn the researcher to make general
A. For the use of the both parties involved in the negotiations (NDF and GRP)
the peace negotiations namely the National Democratic Front (NDF) and the
Benito Tiamzon and Wilma Austria as NDF Consultants is a big letdown on the
part of the Government of the Philippines and the minute effect of this event on
the trust of the NDF towards the GRP should become a lesson learned on the part
of the GRP. In line with this, the following are the recommendations of the
researchers:
59 | P a g e
some of its prisoners of war (POW) as a sign of goodwill and willingness
the peace talks with the GRP. Moreover, it is also hightime for the NDF to
finally submit to the Joint Monitoring Committee and the third party
involved the clear list of the individuals involved in the peace talks with
their assumed names and real identity to clear the doubts and reservations
Philippines that they conform and respect the Hague Joint Declaration and
all mutually signed Joint Agreements between the GRP and the NDF. It is
government body of the land to lead and take the initiative in resolving the
armed conflict and show strong political will in advancing the peace
Philippines release all Political Prisoners detained in any of the jails under
60 | P a g e
Joint Agreements and the Hague Joint Declaration. The researchers also
negotiations for it may jeopardize the peace negotiation that may result to
the diminution of the trust of the NDF. It is also hightime for the GRP to
showing strong political spirit towards the peace negotiations. The GRP
signed agreements with the NDF and become resilient in their approach
the root causes of the armed revolution which includes but not limited to
poverty, social justice, social equality and better justice system thru socio-
economic reforms in order to attain just and lasting peace in our land.
conflicts like the one we have between the GRP and the NDF. This study can
61 | P a g e
be utilized as a helpful literature and source of data in assessing deeper
the Philippines in dealing with the peace talks with NDF, identify
62 | P a g e
Appendix A
JANUARY 2, 2015
MAKATI CITY
Luis Jalandoni: oo dumating na kami the ano. For that birthday celebration.
So yung wife ko, si connie, member din siya ng negotiating
panel (NDFP) *laughs* at siya yung kuwan, spokesperson
ng MAKIBAKA, yung revolutionary womens organization na
member ng NDF. Yung gabriela, yung open. Ang
makibaka *laughs* pero aktibista rin yung puso ng kapatid
ko. Palagi yoon nag aapply ng mga demonstration kaya
welcome na welcome ditto ang mga activists. Youth,
students, known activist, sina Ka Raullo, Vic Ladlad.. Okay
pwede umpisahan niyo ng first question niyo.. ano..
63 | P a g e
participants sa peace negotiations, part ng peace
constituency, are covered by safety and immunity. Yung iba
sa knila, yung iba sa 85, kagaya ko, JOMA, Agcaoili, Connie
Ledesma, we use our real names. Pero karamihan, they
have or use assumed names for their safety at safety ng
families nila. So assumed names. Agreed yun ng both sides
eh. Nagkaagree kami ni ambassador Howard Dee. Who
was, at that time, the chairman of the GRP panel. So nung
nahuli si Reynante Gamara, nagprotest kami and dinemand
naming na irelease siya. Actually trumped up charge yung
sa kanya eh. Yung sa warrant of arrest, *ADJONTO*,
idinagdag yung pangalan niya doon sa warrant of arrest.
Pero madalas nilang gawin yan, trumped up charges ang
ginagawa. Ako nilagyan din ng trumped up charge. Accused
of multiple murder ako. *laughs* kasama nila Joma sison, si
vic ladlad, Raphael baylosis, si Satur Ocampo, ngayon si
Benny Tiamzon, si Wilma Austria, eto marami kami na
inaccuse.
64 | P a g e
Satur after 9 years in prison, nakaescape from prison under
marcos nung April 1985. So sinabi yun nga, nakapunta siya
dun at nakapirma. Eh pano si JOMA Sison? in isolation
*laughs* pero the prosecutor, public prosecutor doon sa
Leyte sabi niya, pinasa niya ito sa judge, judge abando,
judge doon sa leyte ang sabi oh, there is probable cause,
so lahat ito sila, akusado, warrant of arrest kaya hinuli si Ka
Satur. I dont know if you remember that time, it was 2007
nung hinuli si Ka Satur, hinuli siya, nilagay sa bilangguan
doon sa United Nations Avenue. Sa Pulis. Pagkatapos,
hinila siya forcibly at dadalhin sa helicopter para dalhin sa
ilonggos leyte.. doon sa court. Kung saan yung mga
militarmeron nang mga placards SATUR OCAMPO
MURDERER mga ganun. Dahil doon sa danger na yan si
Romy Capulong, yung lawyer ng Public interest law center
nagfile ng motion sa Supreme Court, madalian, at ang sabi
dapat di dalhin si satud doon, sa ilonggos leyte. Mabuti
nagdecide yung supreme court immediately that the
evidence is weak and so Satur was given bail tapos naibalik
siya. Di pa siya nakabalik sa Ilonggos, naglanding in another
place eh. Pabalik. So ngayon si Satur, out on bail,
nakakaikot ikot.
Luis Jalandoni: out on bail siya. Pero there is a strange twist to this. Siguro
mabuti na makita yung one specific case no? after almost 7
years, 2007 noon no? nung February 2014, yung supreme
court nagdecide 15-0, unanimous, na there is a probable
cause in this case and then instructs the RTC here in Manila,
to proceed with this case. So problema na naman. Si Satur,
Si Raffy Baylosis, si Randall Echanis,si Vic Ladlad yung
tatlo: Vic Ladlad, Raffy Baylosis at Randall Echanis NDF
consultants kasi nagparticipate sila sa talks. They are.. raffy
baylosis and others are members ng NDFP reciprocal
working committee on social and economic reforms.
Nakapunta na yan sa Norway, nakapunta nay an sa Holland.
Si Vic Ladlad, political consultant ng NDF, nakapunta na din
yan so they have bail also. Tas ngayon, ang decision ng
supreme court, after almost 7years, nagchange. Sabi kwan,
may probable cause, at ang sabi, these four are at
65 | P a g e
temporary liberty because they are on bail. So di ma-carry
out yung warrant of arrest. Tapos si vic ladlad, si Raphael
baylosis, randall echanis, are participating in the peace talks
as consultants. So while the peace talks are going on, di rin
sila mahuli. Pero either matapos na yung case or if the three
no longer participates In the peace talks, pag nagdeclare
yung Aquino government na wala nang peace talks, pwede
na din silang hulihin. Kasi whichever comes sooner, pwede
silang hulihin. Ngayon, ako, nakalgay din diyan sa case na
yan. Kasama na din diyan ngayon sa case nay an si Benny..
Benito Tiamzon, Wilma Austria. Si Joma palaging sinasali
nila pero walang warrant of arrest sa akin but pwede rin na
the authorities ask the court for the warrant of arrest. Kaya
nung pumasok ako ng July, hininto ako diyan sa
immigrations.. sa airport.. kasi merong ganitong case. So
ang sabi ng lawyer mag-appear si Alex Padilla, chair ng
GPH negotiating panel at kontakin si Laila De Lima, yung
secretary of Justice at sabihin na payagan ako na pumasok
at umalis kasi nakalagay ako sa watch list. Tawag nila dun
watchlist? At resolution ng immigration doon sa NAIA, si Mr.
Misol, sabi niya ay pag nasa watchlist, deny departure pero
apparently because of the possibility of peace talks atsaka
yung ganun, tinanggal ako sa watchlist kaya nakakapasok
ako.
66 | P a g e
Luis Jalandoni: ayan, pinoprotest naming yan at dinedemand na kung
magkakaroon ng resumption ng peace talks, dapat igalang..
di lang yung JASIG pati yung CAHRIHL, yung agreement on
Human rights. Parang ganon. Ang problema dito sa kanila
ay marami silang trump up charges na fina-file. Pero
mukahng yung kay Reynante Gamara may possibility yata
na, meron yata yung iba nab aka nadismiss na eh. May
possibility na amgkaroon ng resolution. Either through the
peace negotiations or through.. yung pagpush ng lawyer na
madismiss yung case against him. Pero yung iba, like si
Tirso Alcantara, 35 ata o kwan.. madaming criminal charges
ang fina-file. Kaya Alan jasminez madami din. Pero ang
kwan namin.. lahat ito ay violations ng JASIG. Which has to
be respected if the peace negotiations is.. will push forward.
Kahit na siguro hindi lahat.. labinglimang (15) NDF
consultants ngayon ang nasa prison eh. Reynante Gamara,
Benny Tiamzon, Wilma Austria, Alan Jasminez, Tirso
Alcantara, andyan pa si Jayme Soledad na na-release na
pero na-rearrest. Merong may sakit.. taga midnanao.. si
Kodaste. Meron si Alfredo Mapalo na nag agree na si
Senator Guingona na ipa-release na at siya yung mag-
gaguarantee at yun marami pang iba. Yung isa ay si
Kennedy Bangibang.. ewan ko kung narinig niyo yung Lacub
martyrs? Yung sa abra? Yung pinatay yung pitong NPA
atsaka dalawang sibilyan. Ang isa dun ay si Recca Monte na
32 years old na very popular na student.. pinatay.. walang
bullet wound pero wasak yung mukha. So anyway, sa
JASIG, necessary na kwan yan. Parang standing obligation
yan ng Aquino government na respetuhin at iimplement yung
jasig. Ngayon, sinasabi nila secretary Delez atsaka nila alex
padilla at iba sa military na precondition daw ng NDF yan. Di
daw dapat may precondition ang pag resume ng peace
talks. Ang sinasabi namin.. di yan precondition. Yan ay
standing obligation based on an agreement that was signed
by both sides. Sabi nga ni Secretary Bello.. Silvestre H. Bello
III, yung dating chair ng GRP panel, sabi niya.. the
agreements have to be respected and complied with sabi
pa niya.. who will trust a government that does not respect
and comply with agreements and contracts it has entered
into diba? Sino ba naming rerespeto kung pirma ng pirma,
67 | P a g e
di naman tinutupad. Kaya hindi yan propaganda on the other
side na ayaw nila ng peace talks dahil sinasabi nila na NDF
ay may precondition. Hindi, hindi yan precondition.
Obligasyon yan arising from an agreement signed and
approved by both sides.
68 | P a g e
karamihan dun assumed names, tapos merong letter of
acknowledgement na binibigay ang chair ng GRP panel
noon na si Howard Dee, later si Silvestre Bello tapos ang
sabi ito at ito magkasabay, pagka may nahuli ay ipapakita
lang.. dapat irespect yon at hindi hulihin. Ngayon sinsabi, so
ngayon valid na yan, for further verification, kung may
question ang isang party, pwedeng sabihin o buksan natin
ang safety deposit box para matignan kung yun nga talaga
ang true document of identification corresponding, further
verification lang yan. So ginawa na y an.. Ang ginawa ng
ndf, to protect the security, encrypted yung gma photos kasi
mahirap naman pagtransfer from the province to the center
to the abroad, sa Holland. Eh mahirap kung it falls in to
enemy hands or baka mabuksan ng CIA o ano yan, kaya
encrypted. Ngayon, nangyari ganito, it becomes a long story,
noong 2007, nagpush ang Philippines, especially under
GMA yan at si Norberto Gonzalez, na Rabid Anti-
Communist, nakasuhan si JOMA nang murder, murder to
yung naging ahente ng military. Ngayon, ang ginawa, with
the cooperation of US and the dutch government, hinuli si
JOMA tas ni-raid yung offices namin at residences. So yung
limang diskettes, kasi in-encrypt yung mga photos no,
limang diskettes needed to decrypt the encrypted photos,
kinonfiscate yan ng dutch police at pagkatapos yung apat
corrupted na nang sinoli nila at yung isa ay di na sinoli.
Ngayon, nung 2011 nung mag attempt na buksan, di na
mabuksan. Corrupted na yung apat at di na sinoli yung isa.
Ngayon, sinasabi ni Alex Padilla, hindi na daw operative
yung JASIG at yung gamit ng mga underground names o
assumed names. Oo sabi nila di na daw ma-verify, ang sabi
naming, di na ma-verify dahil sa actions ng dutch police,
instigated din by Norberto Gonzalez. So ang kwan namin,
re-constitute, bago, madali lang, sabi naming in two months
pwede. Ngayon ready na. ire-constitute at ipagpatuloy. Kasi
yung gma encrypted photos are legitimate photos. Sabi nga
ni Rommel Capulong pati yung sa diplomacy, sa business,
ginagamit yung encrypted photos atsaka agreed upon in all
courts na legitimate photos. So another issue yan ni nirere-
raise. So ang sabi namin ngayon, kung gusto magkaroon ng
peace talks ulit, kelangan igalang yung jasig, dapat
69 | P a g e
marelease itong mga ndf consultants, hindi to precondition
kundi obligasyon based on the agreement signed. Tapos
yung JASIG list, yung listahan, madali, ireconstitute,
encrypted photos tapos ilagay sa safety deposit box by a
third party depository accepted. It is not an obstacle that
cannot be solved or overcome, this can be solved easily
within a few weeks tapos nay an, ready na nga yung samin
eh. Reconstituted na eh. So yun sa JASIG, isa yon, of
course meron din silang obligasyon according to the
CAHRIHL, diba yung agreement on human rights,
international humanitarian law, which was signed in 1998,
during the time of Ramos pa yan, but the approval from the
NDF, kase ang kwan dyan, pag nagne-negotiatie yung two
panels, pag angsing sila ng agreement gaya ng CAHRIHL,
kailangan yung principals of both sides, yung presidente ng
GRP atsaka yung chairperson ng NDF ay dapat mag
approve, written approval. Kapag nag approve na yan,
binding and effective na yung agreement. So, ang
procedure, nagnenegotiate yung panel o yung committee,
panel, pag nagkapirmahan na yung panel, iaakyat sa
principals. The principals have to approve. Pagka-
naapprove, magiging binding na yung agreement, so yung
CAHRIHL, napirmahan yan ng March 16, 1998. Yung NDF
chair, si kasamang Mariano Orosa, pumirma na yan ng
April.. April 10 ata. Pero si Ramos, did not approve it. Under
ERAP parang surprisingly under ERAP pa, noong August 7,
1998, elected president na siya, siya ang nag-approve.
Parang nakakatawa pa to kasi ininterview si ERAP noong
August 10 kung kayo daw ay pumirma at nagapprove nitong
kwan.. di ko na maalala ala eh *laughs* actually meron
siyang signed approval kaya starting August 10, 1998,
binding and effective na yung CAHRIHL.
70 | P a g e
sila ay may social consciousness at objectives. So dapat di
sila papatungan ng common crimes like murder, multiple
murder, robbery mga ganun. So yun ang nakalagay sa
political offense doctrine, Hernandez political offense
doctrine. Na desisyon ng GRP Supreme Court ng 1956.
Ngayon, sinabi sa CAHRIHL na lahat ng mga political
prisoners that have been charged, detained and convicted
for common crimes in violation of the political offense
doctrine should be released kasi mali yung pagcharge sa
kanila.
71 | P a g e
daw historic event pag si joma at noynoy ay magmeet sa
Vietnam. Pwede daw sa Vietnam, pwedeng sometime in
February or January 2014. Eh di natuloy yon. Ngayon
cinriticize ni trillanes si joma. Ang sabi self-invite daw yon. Di
daw mahusay na ideya yan at dapat sa protocol eh si
noynoy ang magiinvite kay joma. Sabi ko.. mali si trillanes,
first of all, dahil negative siya sa pagresume ng peace talks.
kagustuhan na din ng taumbayan at mga peace advocates.
Second, mali din siya na self invite dahil ang unang
nagpropose nung idea niya ay si Ronald llamas na emissary
at political adviser ni noynoy noong kwan.. nandoon ako
nung sinabi yan ni Ronald Llamas sa meeting.. andun si
joma, Ronald llamas, ako at si fidel. Pwede daw, historic
event daw yan.. it will push..h istoric event daw yan. Kagaya
ng pagmeet ni noynoy kay muhrad ng MILF. Tapos sabi pa
niya, by that time, kung magmeet si joma with noynoy, eh
andyan na din si Alan Jasminez.. yung political prisoner na
economist yun na member na at naappoint na naming sa
ndfp reciprocal working committee on social and economic
reforms dahil magaling siya na economist eh pero nasa
bilangguan siya.. nasa bicutan.. so yun.. dapat may positive
movement na magkaroon ng peace negotiations on the
principle na to address the roots of the armed conflict for the
benefit of the people like land reform for the peasants.
00:00-53:05 Part 2
00:35-9:54
72 | P a g e
and effective yung JASIG dahil na postpone ung peace talks
ng mga 4 weeks pero ang sabi namin according to the
agreement valid na so after mga more than 1 year bago na
arrange na they would comply so from June 27, 1995 up to
June of 1996 narelease si Sutero Llamas
73 | P a g e
hinuli rin naman so continuing yan kasi ang claim ng military
pinaghirapan naming itong hulihan tapos irerelease lang sabi
namin part yan ng peace constituency tapos papatungan nila
like Tirso Alcanatra. NPA commander si Tirso Alcantara edi
hinuli pinatungan ng 35 common crimes sabi naming
kailangan irelease so ngayon sinasabi naming gusto nyo
ituloy ang talks dapat irelease nyo yan si Benny Tiamzon, si
Allan Jasmines, si Wilma Austria, si Reynante Gamara yan.
Kahit hindi marelease all in one day pwedeng within short
periods. So right now kasama sa 15 NDF consultants na in
prison yan si Reynante Gamara, Benito Tiamzon, Wilma
Austria, Allan Jasmines, Tirso Alcantara yung pati husband
ni ka Recca si Kennedy Bangibang NDFP Consultant nasa
korte sya NDFP Consultant for Cordillera and Indigenous
Affairs so may sa Mindanao meron sa karamihan nandyan
sa Bicutan at Camp Crame. Binisita namin sila nitong
December itong less than 2 weeks ago. So nameet namin
yon si Benito Tiamzon, Wilma Austria si Reynante Gamara
at si Eduardo Soriano nandyan sila sa Camp Crame.
9:54-28:22
74 | P a g e
principally kay Noynoy kung matutuloy man baka sakali in
February magkaroon ng panel to panel talks pero ang
Norwegian Government na siyang 3rd party facilitator very
eager, very enthusiastic na ipagpatuloy ang peace talks so
inooffer na nila na kung magkaroon ng resumption doon sa
Norway sa Oslo. Karamihan ng past talk doon sa Oslo kasi
yung Norway ang nagbabayad ng plane tickets, saka hotel
accommodation tapos tumutulong na sila sa pagkuha ng
visa. 3rd party facilitator sila. Hindi sila mediator or arbitrator
na makapagdecide above the two hindi, sila tutulong sila sa
good offices pero hindi sila nagdedecide ang nagdedecide
yung dalawang magkatunggali na nag-away GPH Aquino
saka NDFP representing CPP/NPA at iba pang
organizations. So yun maraming violations lahat. Ang isa
pang violation ay pinatay si Sotero Llamas. Pinatay siya ng
military ng May 2006 tapos mayroon pang mga NDF
Consultants na dinisappear. Leo Velasco
75 | P a g e
defend those who are accused of extra judicial killings and
disappearances and other violations. Yun ang function
nitong IALAT na ang policy that time ang tawag nila legal
offensive. Legal offensive meant maraming cases na file
against us. So si Philip Alston naging special rapporteur ng
United Nations for extra judicial killings nung pumunta rito
ang isang recommendation was to abolish the IALAT. Finally
inabolish din yun kasi ung team na yun was under Norberto
Gonzales na cabinet minister under GMA later became
secretary of defense pero ito ay rabid anti-communist ito.
Sinasabi niya na si Satur Ocampo ay nagbibigay ng pera
from the nakukuha sa congress binigay daw sa NPA na
accused tapos sinasabi niya ni Norberto Gonzales itong mga
aktibista ng BAYAN, BAYAN-MUNA, KMU ito sila ay to be
considered semi-combatants ibig sabihin legitimate targets
ng military so pero itong IALAT because of the
recommendation of UN was abolished pero may itinayo na
kagaya rin nyan pero ibang pangalan so under Noynoy
meron ding the same with a different name so marami ring
maraming ginagawa ung different name pwede kong hingin
kay Edry Oralla ang alam niya nakalimutan ko.
76 | P a g e
Rosal, si Miradel Torre. Itong may sakit na NDF Consultant
sa Mindanao si Codaste.
Researcher: May tanong lang po ako ung nametion niyo po kanina ung
niraid ung mga bahay niyo. Bakit po nandun ang Dutch
Police akala ko parang independent sila pagdating sa mga
ganun?
77 | P a g e
Luis Jalandoni: Dapat independent sila pero malaki ung influence ng US sa
Dutch Government kaya nung nilagay si Ka Joma at
CPP/NPA sa US list of Terrorist nung August 2002. Si Colin
Powell siya ung Secretary of State bumisita dito ng August 2
and 3 ata tapos ang dinig naming na sinasabi na noon ni
GMA na ilagay sa listahan ung CPP/NPA at saka si Joma
nung bumalik si Colin Powell, August 9 dineclare nya ang
CPP/NPA as foreign terrorist organization. August 12 nilista
ng US Department of Treasury Office of Foreign Asset
Control CPP/NPA at si Joma na sa listahan at i-freeze ung
mga bank accounts. August 13 one day later nilagay ng
Dutch Government CPP/NPA at si Joma sa terrorist list at
nag-announce pa na they will push na ilagay din sa
European Union list. Nauna pa ung Dutch Government 2
days pa ung UK si Tony Blair was very close also tapos
sumunod na rin ung Canada 2 weeks later tapos sumunod
ung European Union nung October 28 ata at saka Australia
kasi ang lakas ng influence ng US so nung nagpush ngayon
ung GMA Norberto Gonzales na akusahan si Joma para
hulihin for murder daw ng dalawang naging taksil sa kilusan
si Romulo Kintanar at si Arturo Tabara. So ang claim ng
Dutch na on Dutch soil si Ka Joma ay nagbigay ng order na
patayin itong dalawa so may criminal case sila kay Ka Joma
so inaresto si Ka Joma exactly on the same hour same day
niraid ung NDF Office at 6 pa na lugar. Bahay din naming
ung apartment naming niraid yan lahat tapos kinuha mga
gamit, materials so yun ang case na yun so nakita na di
naman ganun ka independent ang Dutch Government.
Malakas ung influence ng US.
78 | P a g e
Connie Ledesma: Malapit sa Immaculate Concepcion Church building ng
Diocese 6th floor
28:38-30:52
Luis Jalandoni: Anyway doon nadoon yun, pwede kayong dumalaw mga
peace agreements lahat mga documentation nandoon. So
yung Dutch Government under heavy influence ng US kasi
nung nagkaroon na nag case sa European Court chinallege
ni Joma ung paglagay sa kanya sa terrorist list ng European
Union, Council of the European Union na nagkaroon ng
hearings doon sa European Court of Justice sa Luxembourg
ung anak naming abogado nakita niya sa website ng Foreign
Ministry ng Dutch Government na nakalagay doon sa
website the relations between the Philippines and the
Netherlands are very good there are more than 30
companies doing good business in the Philippines and
relations are very good except that the resistance against
the Philippine Government is based in Utrecht kung saan
kami nakatira and the Chief Person in that resistance Jose
Maria Sison resides in Utrecht so nilagay doon at the
instance of the US among others ung nilagay sa terrorist list
at frineeze ung accounts ni Joma Sison so nakalagay un sa
website so nacite ung ng lawyer ni Joma sa court ang
ginawa ng Foreign Ministry after that winithdraw nila ung
winithdraw nila pero meron na kasing written
Part 2 30:52-53:05
32:03-53:05
79 | P a g e
Why? What are your reasons <wherein> just one day after
the US has, why do you put the Communist Party, New
Peoples Army and Joma Sison on the terrorist list when they
are peace negotiators.
Luis Jalandoni: Napatanggal sya sa European Union list dahil after 6years of
hearings, he and his lawyers, they have been able to prove
that there were no basis for putting him on the terrorist list.
Researcher: Sa US po?
80 | P a g e
humanitarian grond. Pero si Joma, wala. Sabi naman na
thats kind of compromise, sabi ng Dutch official, si Julie, has
residence permit, so she has the right to invite anybody she
wants kaya pwede si Ka Joma *laughs*. Pero yung
allowance ni Julie, dahil residence sya, meron syang
allowance na 500 euro which is much lower than the
minimum eh sabi ng Dutch Official, pwede na rin si Joma
mabuhay dyan *laughs*. Tapos yung insurance nya, wala,
ayaw syang bigyan eh. Pati yung pension, actually,
yungpension office siguro without the knowledge of other ***,
was giving him pension. Konti lang naman siguro, mga
250euros a month for several years. But later, siguro
nalaman ng other offices specially yung Ministry of Justice,
inistop yung pension, at inorder pa sya na bayaran nya yung
several years na nakuha nya. Pero of course, meron ding
mga solidarity with the other countries na nagraise ng
donations para matulungan si Joma maging I think yung
medical insurance, hindi na yung galling from the
government. Private na lang. Kumuha si Julie ng insurance
kasi for several times, na-hospitalized na si Joma.
Nagkasakit ng pneumonia, yun. So ganun. Talagang ginigipit
sya. , si Joma dun.
Luis Jalandoni: Di, ni-raid din yung apartment namin. Lahat ng files ko sa
peace talks, daming nawala, kinuha lahat. Atsaka
computers, laptops, USB sticks, lahat ata kinuha nila.
Kinonfiscate. Pero parang may pagka-joke lang *laughs*
yung pagkaplanning, yung door, pagpasok nila doon sa
amin, they use a cutting kwan, winasak. Si Julie lang yung
nandon eh, tapos nung sumigaw sya, ginanon pa sya ditto,
nagkaroon pa sya ng bruises. Tapos ilang hours ba sila?
Mga six hours sila. Lahat kononfiscate nila. Tapos yung
door, yung kay Ruth, na staff, nung nag-raid sila, pababa pa
lang sya, winasak na yung door. Two more apartments na
tingin nila ay sa staff namin, winasak. Yung sa amin, wala
ako roon kasi kasama ko si Joma noong inaresto. Si Conie
lang ang nandoon. Nagbuzzer tapos, tapos ng umakyat,
pagbukas, pasok na sila. Tatlo sila. Pero ang kwan doon,
yung mga winasak nila na mga doors, meron silang
81 | P a g e
company for repair. Private company for repair. Tapos
pagrepair, sabi nuung company, kami kailangang bumayad
pa. Sabi, If you want, you can ask the insurance. Sabi
namin, sobra naman itong Dutch State, winasak na yung
ano ng mga pulis, ikaw parin ang pababayarin no? *laughs*.
Ang tagal, siguro mahigit isang taon bago sinoli yung mga
kinuha nila. Pero yung iba din a nagsoli eh. Merong camera
na hindi na naisoli, yung isang file ko, din a ako sure eh. Like
yung kay velasco, parang may kwan doon, police blotter,
hindi ko na makita. *laughs*. Yung pagsoli, di naman ano eh,
by boxes lang eh.
Luis Jalandoni: Oo. Pero kami, matagal na kaming nagfile, tapos, naging
resident at naging Dutch citizen, nanga kami eh. Kasi noon,
yung rule nila, nung pumunta kami noon, after five years na
residence ka doon, pwede ka nang mag-apply ng, after you
get political asylum, pwede ka nang mag Dutch Citizenship.
Mas medaling bumyahe to go to other countries for political
activities. So si Joma, hindi sya makaalis sa Holland,
makapunta lang sya sa Norway pag may Peace talks kasi
Political Consultant sya. So kapag may talks, susulatan ko
sya, imbitado kayo, tapos it applies sa Foreign Ministry ng
parang lisee pass Yung pwedeng magamit yan for travel
for one purpose like for the peace talks. Tapos from from
there, you used to go also to the Department of Immigration
to get what you call return liseaux. Kasi, kung one week
yung talks, bibigyan sya ng permit. Doon, noong may
hearing sa court hearing sa Luxemburg, which is about four
hours ride, binibigyan din sya ng ganon. Pero kung
imbitahin sya sa England, sa Greece, sa Hong Kong, sa
India for conferences, hindi sya pinapayagan. Itong peace
talks lang. Atsaka kung may court hearings. Pero ngayon
wala nang mga court hearings eh. Oo, meron pa rin syang
mga court hearings pero ginagawa sa Holland kasi, merong
European Law dated 2004, na nagsasabi na someone who
is a political refugees in a hould be given a refugee passport
and residence, e sabi ng lawyer nya, there is still, according
to that European Law, he should be, in effect sa Dutch
82 | P a g e
territory, eh ayaw pa rin ng Judge na ibigay. May claim kasi
kasi yung Dutch Government na they have the freedom of
policy. Diba nga sa ating kung meron kang, declared kang
political refugee, dapat may status ka at residence, sabi nya,
they have the freedom of policy because of their credibility
with other foreign states ang nasa isip talaga bila US eh na
hindi talaga dapat ibigay itong status atsaka residence kay
Joma. So talagang clear yung pressure ng US nandyan.
Luis Jalandoni: Actally, parang in limbo sya eh. Kasi, he applied for political
asylum dahil he was persecuted by the Philippine
Authorities. Tapos nirecognize sya ng highest administrative
court na political refugee sya. His has reason to feel
persecution. So, dapat bigyan na sya ng status sa Holland
kaso ayaw talagang ibigay. Pero nung nagkaroon ng peace
talks noong 1998, si Jose De Venecia who is a candidate
for president, gusto nyang pumunta ditto sa Philippines si
Joma at magkaroon ng malaking gathering to approve the
CAHRHIHL. Iniisip nila noon 1million people sa Luneta eh.
Tapos, nakakuha din si Joma noon ng Philippine Passport in
accord with the peace negotiations parang without declaring
its adherence to the Philippine Government. But because of
the peace negotiations, nabigyan sya ng passport. Tapos
parang they initiated, uhm political yung kwan eh. Akala ni
Jose De Venecia, that time, sabi nya, I can win 25% of the
votes , with your support, kala nya susupport ang NDF, you
can get 8%, with that 33% daw, presidente na sya. So that
has been arranged. Pero, that did not push through. Dahil
hindi alam ni Joe De Venecia na yung Executive Secretary
at Foreign Secretary under Ramos, na tutulong sa pagpunta
ditto ni Joma ay bumaligtad nap ala at pumunta na doon sa
side ni erap *laughs*. So dinelay nila yung arrangements for
Jomas return. Pero yung pagpunta ni Joma ditto, is also
controversial kasi merong mga nagsasabi na its too risky for
him. Although he was thinking, na kung maraming political
prisoners na irerelease on that occasion, he will risk his short
stay dito. May dalawang NPA Commander na nagvolunteer
na sila yung magpoprovide ng security. Tapos ang plano ni
83 | P a g e
Joma noon, eh sa UP Guest House sya titira. But anyway, it
did not push through naman e *laughs*. Although for a while,
Joma had a Philippine Passport which he could never use.
Ganonm pa rin. But of course, Joma is very active in
statements, interviews, yung portfolio ng kanyang latest
series lumabas na. Merong earlier series, ngayon, series of
yung nagkaroon ng book launch sa UP.
Luis Jalandoni: Uh, right now, parang wala nang ganoong pressure lalo nat
nanalo si Joma ng kanyang case sa European Court.
Actually the Dutch Government ay napahiya doon. They
were thinking of appealing within the period of two months
and ten days, pero napakapowerful nung decision ng Court.
Second, lumabas na walang ibang European country na
willing to join the DutchGovernment in making an appeal.
Tapos nung huli, sabi ng Dutch Government, parang useless
naman tong appeal. Pero meron kaming nakuhang balita
which is unconfirmed no> Balita na the Dutch Government
asked the US to pressure the German Government and to
make the appeal para may sumama sa kanila no?*laughs*
pero walang sumama. So after 2months and 10days, naging
final and executor yung decision na to take off Joma from
the European list. So within a few weeks, tinanggal na si
Joma dun sa dun sa European Union list. Pero nandon pa
rin yung CPP tsaka NPA. Yung pressure, I think yung
surveillance nila, hindi yung sinusundan ka. Pero,
mamomonitor nila yung telephone calls, plane trips, pero
mahihirapan sila sa mga train trips. Tsaka siguro kung
merong mga important government official from the other
country, we are sure that the NDF international office is,
yung residence ni Joma, yung amin, are all under
surveillance. Surveillance in the sense that namomonitor nila
yung mga telephone calls at email. Kasi yung inexpose ni
Snowden? Lmabas sa news na in one month, the NSA, got
1.8million in Holland lang, telephone calls, emails, and the
likes sa Holland. At sigurado kasama dun yung kay Joma, sa
akin, sa office. Usually sa office, pagka lets say nagmemeet,
84 | P a g e
okay lang, sinasabi. Pero pag mayroong sensitive na
information, sulat na lang yan.
53: 05 End
Appendix B
MARCH 9, 2015
KARAPATAN OFFICE
0:00 54:35
85 | P a g e
patunayan na involved siya kasi narelease na nga siya
noong time pa ni ramos dahil nasa peace negotiations siya.
Si Benito Tiamzon naman, si Ka Benny, ay holder din ng
document of identification. Kung di ako nagkakamali parang
Crising Banaag
86 | P a g e
Nagkaroon naman ng resumption noong February 2011.
Yung sa resumption ng 2011, nagkaroon ng tinatawag ng
Oslo statement of declaration na nailabas after nung mga
ano, may mga ilan kasing mga usapin don na dapat
magreresume talaga yung peace negotiations like tatapusin
yung negotiations sa Comprehensive Agreement on Social
and Economic Reforms (CASER) within 6months tapos
mabubuo na din yung Working group para sa political and
constitutional reforms para magtuloy tuloy na. actually,
nakaplano na yan na magtuloy tuloy yung resumption.
87 | P a g e
Kasi nung ni-raid yung NDF office, hindi din nila ibinalik.
Actually yung mga files kasi na yan ay nakadeposit sa
Utrecht, sa isang third party na pwede lang magbukas nyan
ay GPH at NDF representative na may nakaharap na bishop
na third party. Eh ang problema nang binuksan yun, di na
talaga maretrieve kasi naman yung mga password na mga
susi ay nacorrupt nung ni-raid ng Netherlands police yung
office ng NDF.
88 | P a g e
1998. Yan ang kauna-unahang agenda na nabuo yung
agreement.
89 | P a g e
inoperative na, ayaw nang ituloy yung CASER, actually hindi
sila nakahanda sa CASER, wala silang matibay na plano at
draft dyan eh. Ang NDF merong ginawang draft dyan.
Pinresent na natin sa kanila. Ngayon, nagpropose ang NDF
ng special track, parang special na pag uusap para lang
umusad (ang peace talks). Ang special track na yan ay
pwedeng makapunta sa pagkakaroon ng truce and
cooperation bastat mami-meet yung ilang mga reforms and
conditions din. Di naman pu-pwedeng magkakaroon ng truce
at cooperation ng walang basis. Tulad ng land reform,
kelangan pag usapan, national industrialization, human
rights hanggang sa national sovereignity. Mga madali
namang pagusapan para umusad. Pagkatapos
magkakaroon nga ng truce. Siguro nagkaroon ng mga
dalawa o tatlong pag uusap dyan. Nagkaroon ng special
team ang gobyerno para dyan pero kadulu-duluhan, wala
ding nangyari. Wala, di rin nagmove yung ano. Di rin
umaaksyon ang gobyerno, lalo na si Aquino, para
aprubahan yung ganung pag uusap sana saka conditions sa
special track. Ngayon, ngayong 2015, bumubukas na naman
yung ano, pero mas special track ulit. Nagkakaroon ulit ng
opening. Kasi nung unang special track, si Ronald Llamas
yung parang head ng special team nila. Dito ngayon, late
2013, almost 2014, si Nanny Braganza. Si Nanny Braganza
dating member yan ng gph panel ng peace negotiations. Si
bebot bello ang head noon. Siya ngayon ang naglelead ng
special team na nakikipag usap. Nagkakaroon naman ng
pag uusap para maresume ulit yung special track batay din
dun sa parang December 2013 na conditions.
18:15
90 | P a g e
naman tayo na baka umusad din ngayong 2015. Pero di
tayo tumitigal dyan para tuloy tuloy kasi kung tutuusin
kailangan na kailangan din siguro kahit san ano dapat
magbukas na para mapagusapan lalo na nasasalang
ngayon ung peace negotiation sa MILF. Kung talagang
interested and sincere sila walang dahilan para hindi ituloy
ang special track. Special track dahil hindi nga maituloy ung
regular track pero hindi ibigsabihin ito na ung papalit. Pag
nagtuloy tuloy ung special track para ung regular track
maibalik para dun sa regular agenda. Para ano lang to
umusad kesa wala edi kung uusad ng konti ito pag uusapan
na natin ung regular track. Meron pa naman syang natitirang
isang taon pero syempre umiikli na rin ang panahon nya.
Ang ndfp naman pwede pagkatapos ni Aquino kung sino
papalit at magiging bukas naman edi ituloy tuloy ang pag
uusap nun di naman nagsasarado actually ilang president na
nga mula kay ramos, Estrada napirmahan ung carihl, gma
nagkaron pero nagstall pero nagkaron din ng simula kay
abnoy nagpulido naman nung 2011 e kung sakaling hindi na
pero ang prospect naman ay nandyan lagi na magresume
lalo nag uusap naman kaugnay nung special track. At least
kung magtutuloy tuloy baka by 2015 pagdating ng 2016
mahirap ng pag usapan yan, kung talagang decided sila
ngayong 2015 meron pang time para atleast kahit ung
comprehensive agreement sa social and economic reforms
na napaka importante. So may prospect malinaw linaw pero
wala pang definite saka plano pero hindi ibig sabihin na
wala.
22:35 25:55
Randall Echanis: medyo mahaba haba lang talaga ung kailangan natin itong
peace negotiation ilang years na rin to wag lang tayong sige
tuloy lang total kahit di nag uusap tuloy tuloy naman ung
kilusan di naman pagwala ng peace talk e wala na tayo.
Randall Echanis: actually ung sa hague joint declaration ung end of hostilities
nasa panghuli yan nasa pang apat na agenda yan meaning
91 | P a g e
ireresolve muna sa isang comprehensive agreement un
ikalawa social economic reform tapos ung ikatlo. Syempre
ung implementation pag uusapan pa yan bago mapunta dito.
Ung pagkakaron ng ceasefire sa ibat ibang panahon
halimbawa kung meron malalaking calamities like Yolanda,
Pablo at ung mga affected areas nagdedeclare naman ng
ceasefire ang npa at ndfp pagnagrerelease ng prisoner of
war okaya pag panahon ng pasko hanggang bagong taon
ung pagbisita nga ng papa nag declare din nyan. May mga
declaration ng ceasefire kaugnay ng mga okasyon hindi
ceasefire para talaga makapag usap hindi tulad ng milf at
gph parang truce 4 years na ung kanila ceasefire tuloy tuloy.
Ito kakaiba naman kasi ung talagang mahabang ceasefire o
end of hostilities na nga un e nasa dulo kasi pag pina una
mo na yan na hindi naman nareresolve ung basic problems
e ano lang yan wala ring magiging effective na ano yan kasi
di mo nareresolve ung ugat ng armed struggle so iresolve
mo ung basis para mas lasting at just ung ceasefire pero
hindi tayo nasasara sa short ceasefire na nadedeclare wag
lang ung uunahin mo ng hindi nareresolve e may problema
dun kasi parang in effect nag surrender ka na nyan pero
hindi pa nga nareresolve. Actually un ang gusto ng gobyerno
un ang lagi nila pipilit habang nag uusap mag ceasefire tayo
ang problema pag ginagawa nga un hindi na makikipag usap
yan mag ceceasefire na lang yan.
25:55 30:35
30:35 36:04
Randall Echanis: Sa kaso ko nga lang violation na un kasi arrested ako nung
2007 samantalang alam na alam nila na nasa peace
negotiations ako naka ilang attend na ako ng peace
negotations alam ng military yan alam ng peace panel pero
inaresto pa rin nila ako nung 2007 kasi bago ako inaresto
kasama ako sa kaso sa leyte ung mass grave biro mo yan
ay mga pinatay daw ng NPA sa isang conflict o purge nung
1985 pinatay daw sa leyte mahigit 30 na suspected NPA
deep penetration agents pero nahukay lang daw nila ung
mga bangkay nung 2007 pinakita sa media ung mass grave
dun na ako sinama sa kaso kasama sila Benito and Wilma.
Samantalang nung 1985 nakakulong ako sa Camp Agoro sa
Region 2 from 1983 to 1986 nakadetain ako paano ako
masasam dun anyway di nag issue ng warrant ung judge ng
leyte sa sinamang palad nahuli nila ako nung 2007. Dapat
hindi nila ako kinasuhan kasi protected ako ng JASIG
nakalagay dun e detention at NDF consultant ako dahil alam
naman nila ang nangyari for 1 year and 7 months pa ako
dinetain. Narelease lang ako nung 2009 sa isang kaso na
talagang politically debated. Isa dun sa tatlong kaso ni
Benito at Tiamzon na hearing sa Manila RTC isa sa kaso
93 | P a g e
nila ung sa leyte. Ung sa Quezon city kidnapping sa cebu
ung illegal possession. Yung manila RTC yan ung leyte
obligado kami umattend kasi naka bail lang ako ngayon si
Satur nakabail pero ung kaso naming tuloy tuloy di pa tapos
so violation din un so anumang hulihin nila kasi pwede pang
manghuli sila ngayon pag tuloy tuloy yan bastat NDF
consultant violation pa rin un sa JASIG at marami silang
violation.
94 | P a g e
nila. Samantalang sa same period in 13years and 7months,
the NDF has delared a postponement of the formal talks only
once. This lasted for four months and five days para
magcomply sila sa condition. So kung makikita mo kung sino
talaga yung dahilan ng hindi pagtutuloy, sinong dahilan ng
pagsususpend, sinong dahilan ng ayaw mag usad usad, eto
klarong estado ito sa timeline eh. Biruin mo sa 13 years eh
halos kalahati nun e hindi nila inano pero sa loob ng 13
years once lang nagsuspend (ang NDF). Hindi pa yan
kasama dun sa ang ano eh, hindi magrelease kundi sa
ompliance sa kung ano ba talaga yung dapat nilang gawin.
Like dun sa terrorist listings noon, yung list ng mga political
prisoners noon na almost 300 na. Mga ganon na ompliane
nila. Kaya napakahalaga kung inaano dun sa pagtatanong
ng pagrerelease. Kagaya ngayon yung sa regular track, isa
lang naman yung releases ng NDF consultants dun sa
mismong ano eh, yung compliance nila sa JASIG. Na yung
pag arrest sa kanila, yung pagrerelease, dapat talaga
magrelease sila. Mga ganyan. So malinaw eh. Na kahit dun
sa study na for 13years and six months, walang usad yung
peace talks. Hanggang 2006 yun nga yung kay GMA
nagkaroon lang nung 2011pero the same period once lang
nagdeclare ng postponedment yung NDF. So actually nasa
benefit ng mamamayan na magtuloy yung peace talks peace
negotiations at umabot sa umabot talaga sa mga sa mga
comprehensive agreement na macaroon ng sabihin na
nating makabuluhang reform/reporma na magbebenipisyo
ng mamamayan kasi nasa interes naman yan ng
mamamayan eh kaya yan naman yung tuntunin ng ano dun
at tsaka syempre ang mga ano nyan ay bahagi ng buong
national democratic line ng NDF na isulong ito para sa
complete national liberation at tsaka yung democratic
interest nung mamamayan so ganun kahalaga yung
pagtutuloy ng peace talks na sa part ng NDF ano yan eh ano
mang day na makukuha natin yan eh makakatulong sa
advancement ng ibat ibang masses ng mamamayan at
advancement ng buong struggle syempre sa ano naman ng
gobyernoang tingin nila sa peace negotiation kasi
magcapitulate kayo, ibaba nyo armas nyo. Magcease fire
muna tayo bago tayo mag usap. Ang daming mga ano na
95 | P a g e
hindi talaga yung resolbahin yung problema ng mamamayan
so talagang eh asahan naman natin yan.
Magkaiba/magconflict talaga yung interes na diladala pero
kung pwede naman talaga sanang magkaroon ng pag uusap
kung talagang sincerity ng gobyerno no eh kadalasan
syempre mix service talaga pero anumang peace
negotiation ano mang pag uusap tulad halimbawa nabuo
yung baril possible naman magfit ng mamamayan yun yung
labanan eh mahuhumanize kung baga hindi pwedeng
violations ng international human cahril laws o kaya sa mga
local military law na malaking bagay sa mamayanan yun na
sinusubjet nila sa force evauation o mass arrest etc kasi
binabawal lahat sa cahril yun eh so malaking bagay yan
kung maimplement ganon din sana yung ibang agreements
ang buong peace negotiation na makatulong sa
mamamayan. Yun nga lang yung effort mo na so wala nang
ibang nagnanais na umusad yan at tuloy tuloy kundi yung
interes ng mamayanan at sa kanilay maraming suspension
bad relation
Randall Echanis: Syempre may epekto rin yun kasi part naman sila dun sa
mga naviolate dun sa ginaguaranty nung Jasig kaya
kailangan talagang irelease sila pero syempre hindi naman
yung isang condition na pagka pre condition na pag di sila
nirelease eh hindi magkakaroon ng peace talks. Yung
release nila ay pagcomply, pagsunod . Compliance,
pagpapatupad ng gds dun sa jasig na agreement na
pinirmahan nila. Ngayon syempre dahil mga peace
consultant naman sila eh ang hirap naman na part sila ng
peace negotiations na nakakulong. Paano sila
makakapagparticipate? So kinakailangang marelease din
sila so in a way may epekto rin kasi nalilimit din yung
kanilang participation habang nakakulong. Kaya dapat
talaga na marelease sila kasi important matter rin naman sila
eh. Kung baga eh mahalaga din naman yung kanilang papel
sa peace negotiations. Yun lang masasabi ko.
96 | P a g e
Researcher: So hindi ba nabawasan yung trust nung NDF dun sa GRP
dahil sa pagkakahuli ng mga to?
Randall Echanis: Palagay ko hindi naman. Hindi naman palagay ko kasi ang
ano naman natin sa peace negotiations sa pagharap sa
negosasyon sa gobyerno. Nakaano pa rin naman yan sa
buong NB line natin. Dun pa rin nakapaloob yan. So kung
ano man yung pagpasok ng special tract kung ang ibig
sabihin. Actually yung speial track hindi naman nya iniiba
ung buong framework parang special ano lang sya para
umusad. Magbibigay ito ng magandang daan para umusad
naman itong regular track kasi kinakailangan na bumalik ka
pa rin dito para sa basic agreements ng agenda. Syempre
yung arrest ng dalawa dahil crucial din naman ung part nila
kailangan din na idemand ung compliance ng gobyereno
para irelease sila pero definitely di malaki ang nabago sa
framework.
97 | P a g e
Researcher: yung special track po ba bunga ito ng pagkakahuli kila
Benito and Wilma Tiamzon?
Randall Echanis: Hindi kasi ung special track bago pa maarrest meron na
nyan. Ang special track ano pa yan mga 2013 o late 2012
hindi na nga umuusad ang regular track since 2011 tapos
ang demand ng gobyerno ceasefire muna. Ito na nga kung
itong special track e maayos ang usapin pwedeng magkaron
kaagad ng truce at para umusad na agad ang regular track
so hindi pa connected ito sa arrest nung dalawa kasi earlier
pa sya. Ito nga ung ilan sa special track accord national
independence, democracy and human rights, agrarian
reform and national industrialization. Magkaisa lang tayo
dyan tapos pwedeng mabuo ung committee of national unity,
peace and development at saka tayo magkakaroon ng truce
and cooperation. Before arrest pa nila yan ibigsabihin late
2012 pa nga yan hanggang 2013 yan nag uusap sa special
track. Hindi special track para sa arrest nila. Para tumuloy
ang talks kahit ayaw nila sa regular track kasi kumbaga
napave nya ung way pero kahit nga dito nagkakahirapan pa
rin so yan pa rin ung nakasalang ngayon. So yan pa rin ung
nakasalang ngayon ung special track. Kung magkakaron by
2015 malamang ung special track ang paguusap kung hindi
man edi sa susunod na presidente.
Randall Echanis: meron possibility dahil nag eeffort tayo saka optimistic tayo
pero kung umabot nga ng 2016 wala na yan next president
na yan pero kung uusad pa yan this early 2015 para may
time ka pa kasi kung negotiation naman yan mahina ang 5-6
months dyan pagdulo ng 2015 pagdating ng 2016 wala ano
na yan election na kung hindi man sya napatalsik o
napagresign so kung magresume yan early part ng 2015.
Kaya wala talagang ano na wala na kung sakasakali nga
itong early part na to pag lumagpas na yan wala ka na ring
time saka di nagseseryoso.
54:35 End
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Appendix C
HOUSE OF REPRESENTATIVES
0:00 21:32
Silvestre Bello: ah well, unang una, id natin masabi kung may violation or
not, kasi under the JASIG, merong kasunduan na uanng
una, yung mga member ng panel nila, mga consultants nila,
yung mga security officers nila, yung mga messengers nila,
who were given yung tinatawag natin na document of
identification, which is in the common parlans call, safe
conduct pass, di dapat hulihin, they should be given
unhindered passes to other country. Ngayon, nahuli si Wilma
Tiamzon at Benito Tiamzon, they were claiming that these
two are consultants of NDF panel. Ang problema kasi dyan
is there is no way of verifying if they are consultants because
under the JASIG, they were supposed to submit to us names
of the consultants nila, yung mga security officers, lahat ng
ano nila who are involved in the peace process, bigay niyo
sa amin ang pangalan nila para mabigyan sila ng document
of identification o safe conduct pass. However, it was very
clear that among those that they submitted, may mga real
names. Just like for example yung pangalan nung chairman,
si Luis Jalandoni, si Connie Ledesma, si Joma Sison, Fidel
Agcaoili, si Ruth De Leon tsaka si Osterlio Palima, eto mga
real names. Kilala sila eh. Pero meron silang mga tinatawag
99 | P a g e
na assumed names o aliases. Now, when they gave us this
list of assumed names, our agreement was that they should
also provide with the real identification nitong mga aliases.
For that purpose of they were supposed to submit to us yung
mga real identity nila na inilagay sa loob ng envelope with
their pictures and everything para kung mahuli halimbawa,
kunwari nahuli ka at nilagay mo juan dela cruz, pero ang
inilagay mo iakw pala si Kumander pusa, so pagka-nahuli
ka, sasabihin mo uy covered ako eh. andun yung pangalan
ko. Tingnan niyo Juan Dela Cruz so you were supposed to
look for that ano. Yung notebook nila, dineposit naming sa
isang bangko sa Amsterdam, ang may hawak ng susi ay
yung kanilang representative, si Luis Jalandoni. Yung isa,
yung ating consul sa Netherlands at yung isa ay yung
Obispo ng Nehterlands. So sila lang ang may hawak ng susi
para kung bubuksan yon, yung safety deposit, sila lang ang
makakapagbukas. And that is the way of verifying. Ang
problema, hindi nasunod yung usapan na dapat sa envelope
eh, ang nilagay pala nila, diskette. And then mukhang yung
diskette because sa tagal ng panahon ay nasira. So yung
validation process ay nawala. Anyway, the NDF is claiming
na these two are consultants so they should be covered by
JASIG. Yan ang problema, sabi ng gobyerno eh wala
naman process of verifying kung sila talaga ay consultant
niyo kasi di niyo naman sinunod yung usapan. So yun ang
nagiging problema. Pero on my part, kung tatanungin ako ni
Pnoy which he will not (laughs), I would recommend that one
of them should be released. Especially the wif, Wilma,
because under the International Humanitarian Law, di mo
pwede ikulong yung mag asawa. That happened during
Corys time when I was the secretary of justice, nahuli si
Satur Ocampo, nahuli yung asawa niyang si Boby Malay. So
they came to me and asked kung pwede mapalaya si Boby
Malay and I recommended the President Aquino, Cory, na i-
release in compliance sa International humanitarian Law na
pag mag asawa ang nakulong, ang isa, palabasin. Sinunod
naman ni cory. Ewan ko lang kung kaya din yan ni president
noynoy and besides he will not ask for my recommendation.
100 | P a g e
Silvestre Bello: yung ang di natin malaman na eh kasi di natin inano yung
ano. Pero alam ko na nakasulat sila noon.
Silvestre Bello: kaya dapat di lang on that basis but also in the basis of
Humanitarian consideration. Eh mag asawa eh, pano yung
mga anak although siguro matatanda na din ang mga anak
nila.
Silvestre Bello: yun nga, para sa akin ay di pwede. I do not agree with the
government position that the JASIG is inoperative because
as long as the peace talks is ongoing, the JASIG is in effect.
Kasi we have to honor our signature kundi sino ba naman
ang makikipagkasundo sa atin? Anything that we sign in, we
must honor. Alam mo naman na pag nahuli ka na eh wala na
rin eh. (laughs)
Researcher: nung time niyo po ban a chief negotiatior ng GRP, meron din
po bang ganitong cases na hinuli.
7:00 11:10
101 | P a g e
andali nyang gawin yan minsan kasi pag ang president hindi
nya hawak ang military alanganin.
Silvestre Bello: ung tungkol sa JASIG wala masyadong violations nun kasi
pagsinabi nila covered yan e si FVR sige what I remember
during my time ang chairman nun si Howard Dee. Pagsinabi
naming na palayain sinusunod ni president Ramos kasi sa
kanya kailangan hindi mahinto ang talks. That is why it was
during Ramos time we were able to sign 10 documents. 1 is
the document on substantive issue which is the
comprehensive agreement on human rights and international
humanitarian law. Yan ang number 1 substantive issue.
Kaya apat lang yan nakakuha na kami ng tatlo wala kasi
short live ung term ni FVR 6 years lang pero tapos na sana
yan. Biro 10 agreements including JASIG, it was JASIG that
pave the way for the return of the talks.
Silvestre Bello: Alam mo minsan nakakabuti kasi itong dalawa ito ung anti-
talks. Ito ung mga hardcore ayaw nila ng peace talks gusto
nila tuloy ang guerilla warfare. Alam mo kasi dyan sa loob ng
CPP yan ang mga ayaw ng peace talks ung grupo nila JoMa
sila ung sa peace talks so nung nahuli sila may upperhand
na sila JoMa
102 | P a g e
11:10 14:00
14:00
103 | P a g e
Silvestre Bello: Eh wala. E diba kasi tinanggal ako? (laughs)
Silvestre Bello: Actually wala akong valid basis e. Unang una di pa naman
sila nag uusap pa. Di pa sila umuusad. Pero, I want to give
the President the benefit of the doubt kung gusto nyang
magkaroon talaga ng kapayapaan. Pero the way he handles
it, ibang klase eh. Kailangan nandyan yung will mo eh.
Naalala ko si Ramos nun, kontra ng kontra si Secretary De
Villa ng Defense, sabi nya You already told so much, let us
now listen to the panel. Ewan ko lang kung magawa ni Pnoy
yan (laughs).
Silvestre Bello: Ah malayo sya. Malayo sya kay Ramos. Pero hindi naman
hopeless si Pnoy. Only if he gets the right decision from the
right advices from the right people. Kasi wala naming
mawawala e. Kasi we need to consider I dont know if I
already told you the tactical and the stratregic value of the
talks?
Researcher: Hindi pa po
Silvestre Bello: Kasi yung tactical value of the talks, sa isip ni Ramos nun,
while you are talking, yung putukan nababawasan. Less
talks, more shooting. More talks, less shooting. Tactical
value yan. Habang nag uusap tayo, aba! Yung level of
battle, should go down. Yan yung tactical value. And the
more important value is the strategic value. Yun ang while
you are talking, you are actually addressing the root causes
of the armed conflict. Yun yung pinag uusapan nyo, bakit ba
tayo nag-aaway? Oo. Di ko alam kung naabutan nyo si the
late Heidi Yorac. She used to be the chair of the Comelec.
104 | P a g e
Comelec Chairman yun si Heidi Yorac eh. Ngayon ,
kinomisyon ni GMA, no no no, si Corry pala. Kinumisyon ni
Cory si Heidi Yorac to come up with an in depth study kung
bakit tayo may armed conflict. Yun. So inidentify ni Heidi
Yorac. Number one is the extreme poverty of the people.
Number two is the conception of the people that government
is not capable of giving justice and number three is poor
governance. Yun yung inidentify ni Heidi Yorac noong
panahong iyon. So inaadress naming. Habang nag-uusap
kami, yung sa socio-economic reforms, inaaddress namin.
Bakit mahirap yung taong bahay? Bakit sila walang pambili
ng lupa? Pambayad ng tuition? Pambili ng gamut? Pambili
ng gatas sa bata? Yan yung pinag uusapan sa talks eh.
Pinag uusapan doon kung bakit yung isang tao sa
probinsya, pag ninakawan ng kalabaw, hindi pupunta yan sa
pulis. Kasi pag nagsumbong yan sa pulis, madadagdagan
pa yung nanakaw sa kanyang kalabaw. Diba? (laughs).
Yung mga kwan doon, pupunta sila sa NPA, overnight
ibabalik yung kalabaw. Yan ang perception ng mahihirap.
Which is true. That justice system is just for the rich and the
powerful. That is the sad reality of our justice system. Yan
ang madalas ko sinasabi sa mga committee hearing. Kayo,
mga nasa Sumpreme Court, you are the number one
recruiter of the NPA. Ah, nagalit sila sa akin eh. E totoo e.
Kung walang katarungan, sasama ka pa ba sa gobyerno
mo? Kung alang katarungan? E wala eh. May mga kaso
dyan nakapending ng 15years, 20 years. E yung mahirap,
tingnan mo ha? May limang ektaryang lupa. Inagaw ng isang
mayaman. Syempre magrereklamo ka. Pupunta ka ng
husgado,malayong manalo ka dun. Tingnan natin
halimbawa, tsumamba ka. Nanalo ka sa RTC, puupunta yan
sa Court of Appeals, ilang taon yun, tapos minsan, sa
Supreme court pa. By the time nananalo ka na, wala na.
Yung lupa mo wala na. Ganon yung ano e. The people is
dissatisfied with the government. Kaya lumalaban.
Lumalaban sila. Sabi nga ni Gov. Adaza non, pag nagutom
yang pagkain, magnanakaw yan ng pagkain o pera pambili
ng pagkain. Pero pag nagutom ng katarungan yan,
mamumundok yan. Di na magnanakaw yan. Mamumundok
na yan. That is why very important yung strategic value of
105 | P a g e
the talks. Kasi hindi mo naman maaachieve yung peace
talks kahit ilang agreements pa yang pirmahan mo eh. Kahit
ilang agreements pa yan, kung nandyan pa rin yung root
causes, mananatili yangkaguluhan. So you remove the root
causes. Kung wala nang gutom sa pagkain, kung wala nang
gutom sa katarungan, magkakaroon tayo ng kapayapaan.
Kapag wala nang nangungurakot na congressman. (laughs)
21:32 End
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