Wednesday, November 17, 2021

Hi, My Name is...18

There's more people to meet in the Philippines. Come say hi to all the Riff-raff.

Hi, we are the Callanta family. One night when our son Jomil came home on his motorcycle another motorcycle pulls dup behind him and started firing. My wife Marvic and I ran out to rescue him and we got caught up in the hail of bullets. You know what they say, The Family That Gets Shot Together Stays Together.

https://newsinfo.inquirer.net/1499568/family-survives-shooting-incident-in-urdaneta-city

Three members of a family — husband and wife and their son — were injured after surviving a shooting incident early morning Saturday in this city.

Police report said victims Armando Callanta, 62; his wife Marivic, 60; and their son Jomil, 30, were attacked by a gunman at around 4 a.m. in front of their house in Catablan village.

Investigation showed that Jomil had just arrived from work and was about to park his motorcycle in front of their house when the suspect, who was riding on a motorcycle with a partner, shot him.

His parents went out of the house to rescue him when the suspect also shot them several times.

The victims sustained bullet wounds in their legs and hands and were taken to the Urdaneta District Hospital for medical treatment.

Hola, me llamo Franco Sanchez. I am from Spain but I have been living in the Philippines for a while now. Long enough to have met a young girl online and go on some dates with her. We also took drugs and had sex at my place. Fun times. But, what a coincidence, this same girl was also the girl a senior US diplomat is accused of sexually abusing. What a small world!

https://www.philstar.com/headlines/2021/10/14/2134114/arraignment-spanish-man-charged-child-abuse-child-pornography-set

A Spanish man accused of sexually abusing and taking videos of his acts with a 15-year-old Filipino girl, the same victim in the case against a former US diplomat, is set to be arraigned before a Taguig court on Friday.

Justice Undersecretary Emmeline Aglipay-Villar said Franco Sanchez is facing ten counts of child abuse charges and a case of alleged violation of anti-child pornography law for sexual abuse of a 15-year-old Filipino girl before a local court.

The DOJ earlier said that Sanchez and the minor victim met on different dates from December 2020 to February 2021. The two met online and he would fetch her and bring her to his residence in Taguig City where they allegedly used illegal drugs and had sexual intercourse.

In a separate incident, Sanchez allegedly filmed the victim’s sexual act with him and a certain “Gill.”

The victim in Sanchez’s case is also the same girl who was sexually abused by former US diplomat Dean Edward Cheves, who was indicted by a Virginia court for sexual acts with a minor and who faces a separate child abuse and child pornography charges before a Pasay court.

Hi, my name is Francisco Loreno Jr. I fled to the Philippines to avoid facing child molestation charges back in the USA but I was caught not long after I arrived.

https://www.pna.gov.ph/articles/1156677

An American citizen of Filipino descent, who has a standing arrest warrant in the United States for child molestation, has been arrested in a joint operation Thursday.

In its initial report, the Philippine Coast Guard (PCG), one of the agencies that carried out the operation, said 47-year-old Francisco Loreno Jr. was arrested at a hotel in Mandaluyong City after the US Embassy reported that has an arrest warrant.

(After his arrival from a Japan Airlines plane, the US Embassy immediately coordinated with the PCG to investigate the suspect in a hotel in Mandaluyong City where he checked-in since October 8, 2021),” the PCG said.

The investigation began on October 9 and was followed by the PCG’s coordination with the Bureau of Immigration for Loreno’s arrest.

“Dinala siya ng mga otoridad sa US Embassy para agad na maasikaso ang repatriation sa Amerika (he was brought by the authorities to the US Embassy for the immediate processing of his repatriation to the US),” the PCG said.

Hi, my name is Maria Elena Belos Peque. I was a contract worker for San Carlos City until I was assassinated by a gunman while riding to work. Strangely enough my husband was also assassinated a few months before me. Depending on who you ask this was either over a land dispute or a debt I owed. Well, I sure won't be remitting that debt now.

https://newsinfo.inquirer.net/1504337/worker-killed-months-after-husband-slain-in-san-carlos-city

A job order worker of San Carlos City was shot to death Monday, months after her husband was also killed.

Maria Elena Belos Peque, 40, was on board a tricycle on the way to the San Carlos City Hall when she was shot by a gunman on a motorcycle, the police said.

The victim suffered a gunshot wound on the head. She was rushed to the San Carlos City Hospital where she was declared dead on arrival by the attending physician.

“It is possible that she was killed over a land dispute that allegedly also was the motive for the killing of her husband early this year,” the police said.

Mayor Renato Gustilo said Peque was a job order worker assigned at the city government’s accounting office.

Gustilo said there were talks that she was killed because of an unpaid debt.

Hi, my name is Renalyn Maming. I was a prostitue in Bacolod City. Most of my clients were truck drivers whom I also stole from. I was walking my usual route when a motorcycle pulled up and both riders fired at me. One of them shot me in the eyebrow which is what killed me.

https://www.sunstar.com.ph/article/1912119/Bacolod/Local-News/Commercial-sex-worker-shot-dead

A COMMERCIAL sex worker was shot dead by an unidentified assailant on board a motorcycle at the Reclamation Area, Barangay 2, Bacolod City Wednesday, November 3, 2021.

Police Lieutenant Jonito Pastrana, deputy commander of Police Station 2, identified the fatality as Renalyn Maming, 23, of La Castellana town, Negros Occidental.  

Pastrana said the victim was walking along the reclamation area when the suspect along with his companion shot her around 1:20 p.m.

He said the victim succumbed to a lone gunshot wound on her left eyebrow.

An empty shell believed to be of a .45 caliber revolver was recovered from the crime scene.

Pastrana said the victim has several records for theft victimizing her clients, who are mostly truck drivers.

He said three days ago, an unidentified man was looking for her claiming that she stole his personal belongings.

Police Station 2 is still conducting further investigation to determine the motive and to identify the suspect.

Hi, my name is (has been withheld by the police.) I have been suffering mental problems for the past five years. One day my older sister was preparing breakfast and I jsut lost it. I took a bolo and hacked her to death and then I hacked my brother. He did not die but he was seriously wounded. I also wounded a man who came over to help. Thankfully I will not be facing criminal charges because I am mentally-ill.

https://dailyguardian.com.ph/mentally-ill-woman-kills-sister-injures-brother/

A senior citizen died while her younger brother was injured after they were hacked by their sibling at Sitio Cadiacap A, Barangay Tapi, Kabankalan City, Negros Occidental last Tuesday.

Police identified the fatality as Elisa Tabujara, 72 while the wounded victim was Herman Nabaja, 55.

Police Lieutenant Dennis Melgarejo, deputy police chief of Kabankalan City Police Station, said the 58-year-old suspect, whose name was withheld, entered Tabujara’s house early that day and suddenly attacked the latter with a bolo while she was preparing to cook rice.

Tabujara shouted for help, prompting Nabaja to respond, but he was also hacked by the suspect who resided near the victims, Melgarejo said.

Tabujara succumbed to hack wounds in her head, right shoulder, and back, while Nabaja is confined at a hospital after suffering hack wounds in the head and left arm.

Melgarejo said there was no commotion or argument that happened among the siblings that day.

The family told the police that the suspect was not able to sleep for about two days, and had not taken her medicine.

The suspect has been suffering from a mental illness for five years now but this was the first time she went violent, Melgarejo said.

Melgarejo said the suspect is now in the custody of her daughter, as no charges could be filed against her due to her medical condition.

Hi, my name is Charles Lee Frazier. I don't live in the Philippines at all. I live in Ohio. Between April and July 2019 I paid several Filipinas to send me lewd pictures of their children. I also talked to them about rape and infanticide. A court sentenced me to 27 years in prison.

https://www.cleveland.com/court-justice/2021/11/ohio-man-gets-27-years-in-prison-for-paying-poor-filipino-mothers-for-child-porn.html

A southwest Ohio man who already was a registered sex offender was sentenced to nearly 30 years in prison after he admitted he paid poor women in the Philippines to send him pornographic images of children.

Charles Lee Frazier, 42, of Sidney, pleaded guilty in March to attempting to produce child pornography. He was sentenced Friday to 27 years in prison. 

The U.S. Attorney’s Office for the Southern District of Ohio says court documents show Frazier used Filipino dating sites to connect with women in poverty. He then communicated with the women using Skype, asking them for sexually explicit pictures of their children in exchange for money, prosecutors say.

Frazier also sent child-pornography images to the women as examples of what he wanted them to create with their children. He also asked the women to show the images to their children in an attempt to convince them to engage in sexual behavior, court records show.

The documents say Frazier discussed committing violent acts against children, including killing infants during sexual assaults.

From April through July 2019, Frazier sent money to women in the Philippines in exchange for child pornography, documents show. Frazier sent about $800 to one individual for nude images of a 7-year-old girl. Authorities say that one of the women said she needed the money for food.

Frazier was a registered sex offender at the time of the offense, convicted in 2011 for receiving child pornography. He was sentenced to 84 months in prison for that conviction.

Tuesday, November 16, 2021

Insurgency: Court Voids Warrant

The PNP-AFP have done a bad thing. One of the baddest things they could have done. If you recall back in March a warrant was served on several suspected communists. Nine people ended up dead. Turns out one of the warrant was total rubbish.


https://www.gmanetwork.com/news/news/regions/809196/batangas-court-voids-bloody-sunday-search-warrant/story/

A Tanauan City court has voided a search warrant issued against an activist whose home was among those raided by policemen during the "Bloody Sunday" operations in March that left nine people dead.

In an eight-page decision, the court also declared as quashed the information against Erlindo Baez, a Bayan coordinator in Batangas, and the cases against him as dismissed.

“Under the Constitution, any evidence obtained in violation of a person’s right against unreasonable searches and seizure shall be inadmissible for any purpose or proceeding,” the court's decision read.

The court also ordered the Tanauan City Police to release Baez from custody.

According to the decision, requisites for the issuance of a search warrant include specific description of the place that must be searched, among others.

The court said the search warrant issued by Presiding Judge Jason Zapanta of Manila Regional Trial Court Branch 74 only commanded officers to make an immediate search at “Brgy. San Vincente, Sto. Tomas City, Batangas.”

It further said that no pictures or documents were attached that would aid the officers in their search.

“It is therefore clear that the subject search warrants failed to specifically and sufficiently describe the place to be searched,” the court said.

If there was anything in that house incriminating Baez it is now worthless. But remember when then PNP Chief Sinas insisted that all the warrants were completely valid?


https://www.pna.gov.ph/articles/113287

“It's a legitimate operation because they are covered by search warrants. Kung alam niyo kung gaano kahirap kumuha ng search warrants then naintindihan niyo you have to justify the charge, witnesses (If you know how difficult it is to get search warrants, then you understand that). Those are legitimate operations covered properly by the documents issued by the court,” Sinas told reporters when sought for comment on Monday.

Search warrants are difficult to get? Apparently not in this instance nor in a previous instance in Bacolod.


https://www.philstar.com/headlines/2021/03/09/2083107/search-warrant-qc-led-arrest-bayan-activists-bacolod-quashed

A Bacolod City court has quashed the search warrant issued by Quezon City Judge Cecilyn Burgos-Villavert that led to the arrest of several activists in Bacolod in 2019.

In a statement, NUPL Panay Chapter said the Bacolod City Regional Trial Court Branch 42 granted the Motions to Quash Search Warrant and Suppress Evidence filed by Karina Mae De La Cerna, Cherryl Catalogo and John Milton Lozande.

It added that similar motions were granted in the cases against Proseso Quiatchon, Albert De La Cerna and Noli Rosales.

NUPL Panay said the accused were arrested following the police’s implementation of search warrants issued by Villavert in the office of Bagong Alyansang Makabayan (BAYAN) in Bacolod City. They were charged with violation of Comprehensive Firearm and Ammunition Regulation Act — one of the common cases filed against activists that have kept them in jail.

In resolving their motion, Acting Presiding Judge Ana Celeste Bernad ordered the quashal of the search warrant over “non-conformity with established constitutional rules and the evidence.”

This is the second reported nullification of search warrant issued by Villavert. The Mandaluyong court in February declared as void the search warrant that was implemented and led to the arrest of Manila Today editor Lady Ann Salem and trade unionist Rodrigo Esparago.

In the case against the Bacolod activists, the court said the search warrant failed to “describe the place with particularity,” as it noted that it only identified one place but upon their ocular inspection, there are three structures in the compound.

The court stressed that the validity of search warrant does not only rest on probable cause as determined by judge upon application. “[I]t is essential too, that it particularly describe the place to be searched, the manifest intention being that the search be confined strictly to the place so described,” it said.

These activists were jailed for two years all because of a warrant that should never have been issued in the first place. Along with declaring the CPP-NPA soon to be irrelevant the issuing of faulty warrants is a huge problem for the PNP. It leads to cases being tossed and only serves to tarnish their reputation and the reputation of the courts who issue them. Sadly this problem is not going away anytime soon.


Activism may be a front for the communists but it is not in and of itself illegal. Neutralizing activists certainly has not stopped the 53 year insurgency.  Likewise banning books won't stop the insurgency either.


https://newsinfo.inquirer.net/1512755/book-industry-group-joins-protest-vs-library-purge

According to the Book Development Association of the Philippines (BDAP), the removal of books with sensitive or challenging content is a violation of freedom in publishing and freedom of thought, and impedes critical thinking and empathy.

“When we ban certain books, we teach our young to retreat to silence when they need to speak. We push them to close their ears from fear when they need to listen, and we let them grow blind to what they should see,” it said in a recent statement.

It commended UP Visayas Chancellor Clement Camposano for refusing to follow the lead of Kalinga State University, Isabela State University, and Aklan State University in purging their libraries of books and documents deemed subversive.

“If we are afraid of books, then we have a problem,” he said.

That could not have been said better. If books are to be feared then there is a problem. But why is the PNP-AFP concentrating on so-called subversive material in college libraries now? According to Philippine Army Commander Lt. Gen. Andres Centino the NTF-ELCAC has allowed troops to focus more on combat ops.


https://www.pna.gov.ph/articles/1158720

Philippine Army (PA) commander Lt. Gen. Andres Centino said the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) has allowed troops to focus more on combat missions and security operations.

"The NTF-ELCAC, which relies on the comprehensive whole-of-nation approach in solving the insurgency problem, allowed our troops to focus on combat missions and security operations," Centino said in a statement posted at the PA's Facebook page on Thursday.

Communist insurgents suffered a massive blow with the death of top New People's Army (NPA) commander Jorge "Ka Oris" Madlos. He died in an encounter in the hinterlands of Impasug-ong, Bukidnon last October 30.

What is being said here is that because of the NTF-ELCAC enough active NPA fighters have surrendered that the AFP does not have to worry about fighting them or coercing them to come out of hiding. Now the government's bribery program is lucrative enough that one would have to be a fool to not surrender and avail of all the offered benefits. That means the government can focus on the big fish like Ka Oris. But they are also pressuring college libraries to remove subversive material even if it can be proved no one have ever checked out those books. Why? In one instance there was no evidence that the books had ever been checked out.


Lt. Gen. Andres Centino is the newly appointed AFP Chief and in his inauguration speech he told his troops that the final blow versus the Reds must be dealt soon in order to meet Duterte's deadline of defeating the insurgency before his term expires.


https://newsinfo.inquirer.net/1514194/centino-tells-troops-deal-final-blow-vs-reds-to-meet-duterte-deadline

“Our commander-in-chief has entrusted to us a crucial responsibility—to end the local armed conflict before the end of his presidential term on 30 June 2022,” he said in his assumption speech on Friday (Nov. 12).

“We must unleash our full force for the final blow that will ultimately destroy and defeat the enemies of the state,” he said.

The Philippines has one of the world’s longest-running insurgency, with the Communist Party of the Philippines-New People’s Army waging a guerrilla war for more than 50 years.

Centino said the military welcomes insurgents who want to return to the government fold, but warned rebels who would keep fighting that “the full wrath of the AFP will hit you hard to the brink of your extinction in the face of our society.”

Every President since Marcos has tasked the AFP with defeating the insurgency by the end of their term. It's a total PR move that, if actually done, would give all credit to the current President. This kind of deadline does not take into account realties on the ground and causes false hopes. It is one reason among many that the AFP cannot properly defeat the insurgency. They are too busy trying to rush things to appease the current President, whoever he may be.


In fact, Centino is so bold as to proclaim that the AFP is close to defeating every security threat.


https://www.pna.gov.ph/articles/1159614

In his assumption speech, Centino said the winning streak of the AFP can be attributed to the "firm conviction and full support of our Commander-in-Chief," a reference to President Rodrigo R. Duterte.

"The AFP also enjoys a plus 74 or excellent net satisfaction rating (among) Filipinos based on the most recent social weather station survey. These assurances fuel the dauntless spirit of the men and women of the organization in conquering the challenges of the day. From internal security to external defense, and the ramifications of the unseen enemy during this Covid-19 pandemic," he added.

Centino also said the AFP is more than motivated in carrying out its core purpose of protecting the people and securing the state.

"With the issuance of Executive Order 70 and the creation of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) in the country, we will continue to pursue a whole-of-government and whole-of-nation approach against all threats. Our relentless operations against the terrorists will ensure a physically and psychologically secured environment conducive for inclusive progress," he added.

Under his leadership as the 57th AFP chief, Centino said that there will be four priority thrusts that will serve as a "baseline and guiding mechanisms" in accomplishing missions in the organization.

These are operational efficiency, optimal use of resources, advancing professionalism and meritocracy in the AFP, and capability development.

This haughty assurance is all based on the NTF-ELCAC. Apparently without this program the AFP absolutely cannot defeat the communists. It just goes to show how weak the AFP is when the government has to resort to bribery to defeat the insurgency. Are we really to believe that the AFP could not bring the insurgency to an end until EO 70 established that program? That is inconceivable seeing as this is not the first communist rebellion in the Philippines. The Hukbalahap Rebellion lasted 12 years from 1942-1954. Military might put an end to it, not bribery.


Despite the operations of the NTF-ELCAC since 2018 the CPP-NPA has continued to amass billions of pesos.  In Northeast Mindanao alone they have collected 1 billion pesos since 2016.


https://www.pna.gov.ph/articles/1158365
The Army's 4th Infantry Division (4ID) on Sunday revealed that the Northeastern Mindanao Regional Committee (NEMRC) of the New People’s Army (NPA) has collected PHP1 billion in the last half decade – the biggest amount of communist extortion money in the Philippines.
 
Col. Edmund delos Santos, 4ID's civil-military operations officer, in a press conference Sunday, said based on their monitoring since 2016, the NEMRC has collected an average of PHP200 million yearly totaling to over PHP1 billion in the last five years.

"The collection from Caraga region comprised 60 percent of the overall extortion nationwide, some of the collections are also used to fund (NPA regional committees in) other regions," he said.
 
Maj. Gen. Romeo Brawner Jr., 4ID commander, said the NEMRC is where Myrna Sularte, alias Maria Malaya, operates collecting "revolutionary taxes" from private businesses such as mining and construction companies.

Sularte, the NEMRC secretary, is the wife of NPA spokesperson and national operations command (NOC) officer Jorge "Ka Oris" Madlos, who was killed during an encounter with the Army’s 403rd Brigade forces in Impasugong, Bukidnon on October 30.

This 1 billion pesos is only 60% of the total nationwide which means the total is about 1.6 billion pesos. That is whole a lot which is why the AFP is now going after Ka Oris's wife but that does not include the P5.8 billion collected from foreign donations.


https://www.philstar.com/nation/2021/08/03/2117131/cpp-npa-collected-p58-billion-foreign-donations

The Communist Party of the Philippines-New People’s Army-National Democratic Front (CPP-NPA-NDF) was allegedly able to collect P5.8 billion in foreign donations and revolutionary taxes from 2016 to 2018, officials said yesterday.

The money was allegedly used by the communists to finance their terrorist activities and support the lifestyles of their leaders.

The NICA said the communist group exploited the issues on human rights and indigenous peoples (IPs) to convince their donors to donate.

Monteagudo said that another source of the communists’ funding is the “revolutionary tax,” which NPA guerrillas impose and extort from businesses in rural and remote areas.

“Aside from terrorism, the funds were also used to support the lifestyle of their leaders allegedly like Bayan Muna party-list Rep. Carlos Zarate, who was supposedly using the money to finance his son’s education in Poland, as mentioned by President Duterte during his last State of the Nation Address,” Monteagudo said.

NICA director Monteagudo apparently has no idea if what he is saying is true. That is why he says Zarate allegedly and supposedly has used this money to finance his sons education in Poland. Why would a Filipino seek an education in Poland? This kind of non-committal statement coming from the director of the National Intelligence Coordinating Agency is outrageous. Either Zarate is or he is not utilizing CPP-NPA funds. It should be a straight forward process to determine the truth but instead the head of NICA is relying on unproven allegations. That is how the PNP ends up with warrants that ultimately end up being voided. It's one big cycle of faulty intel and spurious allegations and there seems to be no end to it.

Monday, November 15, 2021

The Philippine Referendum of 1599

The Philippine Referendum of 1599, in which Filipinos voluntarily submitted themselves to the Spanish crown thereby legitimizing King Philip II's rule, is an aspect of Philippine history which has been overlooked almost to the point of invisibility. There is a small blurb on the Wikipedia page regarding this event within the context of the timeline of the Sovereignty of the Philippines.

On February 8, 1597, King Philip II, near the end of his 42-year reign, issued a Royal Cedula instructing to Francisco de Tello de Guzmán, then Governor-General of the Philippines in severe terms to fulfill the laws of tributes and to provide for restitution of ill-gotten taxes imposed on the natives. The Cedula also decreed an undertaking by which the natives (referred to as Indians), "... freely render to me submission."

The decree was published in Manila on August 5, 1598. King Philip died on September 13, forty days after the publication of the decree. His death was not known in the Philippines until middle of 1599, by which time a referendum by which the natives would acknowledge Spanish rule was underway. With the completion of the Philippine referendum of 1599, Spain could be said to have established legitimate sovereignty over the Philippines.

https://en.wikipedia.org/wiki/Sovereignty_of_the_Philippines

These two paragraphs tell us only the bare fact that there was a referendum where the natives freely submitted to King Philip II. So, let's look between the lines here and fill in the blanks. That same Wikipedia article has a footnote referring to an article by Fidel Villarroel titled, "Philip II and the "Philippine Referendum" of 1599". This article will be based primarily on Viallarroel's article as he has neatly gathered the pertinent and diffused sources regarding the referendum in one convenient space. 

The Philippines and Monarchy

Background

The referendum of 1599 was the end result of reforms in the New World designed to eliminate abuses against the natives. The Dominican Fransisco de Vitoria championed the rights of the natives in the New World insisting that they had sovereignty in their own lands no matter how low their culture was. Three of his most important aphorisms are as follows:

1. The Indian communities are sovereign republics, and, thus, are not properly subordinate to Spain nor do they form part of Spain.

4. The Indian rulers, whether natural or elected, enjoy the same fundamental rights as any Christian or European prince.

5. The Indian peoples may freely change their political regime and subject themselves to a different sovereign in order to defend themselves from oppression and to rid themselves of a tyrant.

https://international-review.icrc.org/sites/default/files/S002086040007100Xa.pdf

The result of the Dominicans, especially Bartolomé de las Casas, speaking out in opposition to abuses directed toward the natives were the New Laws of 1542. These laws were designed to protect the natives from enslavement and other abuses.

A number of Spanish missionaries argued for stricter rules, including Bartolomé de las Casas and Francisco de Vitoria. Their goal was to protect the Indians against forced labor and expropriation, and to preserve their cultures. Some discussions challenged the very legitimacy of the conquest and colonization. Eventually, the reformists influenced the King and his court to pass reforms that came to be known as the New Laws.

https://en.wikipedia.org/wiki/New_Laws

The Valladoid debate of 1550-1551 between Bartolomé de Las Casas and Juan Ginés de Sepúlveda further discussed the issues of how to deal with the natives in the New World. Villarroel writes:

In those controversies Las Casas echoed faithfully the teachings of his brother Vitoria as he defended the principles of human rights, and discussed the morality of the conquests and colonization. Here are some answers with which Las Casas rebutted Sepulveda.

1. The powers given by Christ to Peter and his successors are purely spiritual and moral, not political and temporal, and therefore papal authorization in this case refers only to the evangelization of those peoples.

2. The lands belong to the original inhabitants who are therefore the rightful owners.

3. No nation can claim moral superiority over another.

4. (Argument of Sepulveda: Realizing the superiority of our culture, those peoples have spontaneously asked us to take them under our sovereignty.) Answer of Las Casas: Have they actually done so? Can you supply evidence for this claim?

The above quoted principles had serious implications in the practical order, that is, in reference to the exalted territorial conquests, to the expansion of the dominions of the King of Spain and to the annexation of peoples to his crown and empire. The big question was: All that, by what right? But the stark reality was that the Indians were human beings with right to be free, to own their lands, and to constitute political societies. Neither Pope nor emperor were lords of the universe. And so, by what right was Spain in the land of the Indians? 

Villarroel, pg 11

This question "by what right was Spain in the land of the Indians" would trouble the Dominicans and other missionaries who came to the islands to evangelize the natives.

The Philippines 1565-1586

The Philippines is unique in that they were claimed for Spain without the abuses of the conquistadors who rampaged the Americas. There, much blood was shed. Here, the case was entirely different. It's not that blood was not shed but that war was seen as a last resort. Legazpi was sent to the Philippines with specific instructions from King Philip II on how to treat the natives.

By the time the Spaniards took over the Philippines in 1565, Philip II had been king of Spain for ten years, Fortunately for the Islands, when the Adelantado Miguel López de Legazapi landed in Cebu, the Crown of Spain, had for more than twenty years, committed itself, clearly and unquestionably, to a kind colonization in like with the New Laws, enacted in 1542.

Besides, Legazpi brought with him specific instructions and norms on how to conduct explorations and conquests, which neither Hernán Cortéz nor Francisco Pizarro had had in Mexico and Peru. Gone were the days of arriving in new lands and taking possession of them in the name of the kings of Castile and León. Legazpi was bound to follow to the letter, the norms of requerimiento or the formalities established by law to deal at the encounter with newly discovered peoples.

Arriving in Cebu, Legazpi spent three days to fulfill the law of  the requerimiento, a notice to the Cebuano ruler that the Spaniard came only to establish friendly relations and to make commercial deals. It was only after the deadline of the requerimiento ended with a refusal by the local ruler to negotiate when Legazpi was forced to declare war on him, And so, the Spaniards landed by force to fight the hostility and resistance of the natives. Soon afterwards conversations were resumed which ended in a treaty of peace. 

Villarroel, pgs 12-13

Legazpi was required to send a notice of peace and submission to the native rulers. If they submitted  everything was fine but if they refused then he was to declare war on them.

Here are the conditions of peace, or rather submission concerted: 1) The natives placed themselves under the Royal Crown of Castile, promising to be faithful vassals and obey his commands. And they promised it for themselves and for their descendants...

Villarroel, pg 47, note 6, citing Jesus Gayo Aragon

As formal and humane as this process was compared to the brutal conquests of Mexico and South America it was still a conquest by the Spanish. Natives were abused and mistreated. The mistreatment of the natives by the Spaniards caused the Augustinians who accompanied them to "doubt the legitimacy of the conquest and, therefore, the legal presence of the Spaniards in the Islands."

https://en.wikipedia.org/wiki/Domingo_de_Salazar

In 1579 a Diocese was established in Manila. The first Bishop was a Dominican, Fr. Domingo de Salazar. He convened a Synod in 1581 which first met in 1582 and lasted until 1586. At this Synod the issue of the legitimacy of Spain's presence was discussed. Two solutions were given to this thorny problem. The legitimacy of the Spanish presence in the islands was the preaching of the Gospel and the low culture of the natives.

Some legitimate titles must be found for Spain to posses the Philippines. In fact, the Synod came out with only two possible legitimate reasons. One, the right to preach the Gospel anywhere, and therefore here, the other the low degree of culture of the natives which could be invoked as a reason for ruling over them and governing them. But the first title did not condone the use of arms, and the second was among those mentioned by Vitoria as "dubious and never certain titles."

Villarroel, pg. 18

What is meant by "the low degree of culture of the natives" is not made clear. Seeing as there was a system of writing, Babayin, which means many were literate and seeing, as evidenced from the Boxer Codex, that many Filipinos were dressed nobly, and seeing as Filipinos were able sailors and shipbuilders it would seem there was some degree of high culture when the Spaniards arrived. But the issue of low culture was declared by Francisco Vittoria to be dubious.

The problem of the legitimacy of the Spanish conquest was ultimately left uncertain and undecided even by the two proposed solutions. However those solutions were necessary to calm the sensibilities of the missionaries who were told afterwards to forget about political problems and focus on their spiritual ministry.

The Synod, therefore, advised that the missionaries would do better by stopping to talk about these problems. It would be better for them to devote themselves to her spiritual ministry than to engage themselves in matters that did not pertain to their mission and could only serve to stir criticism, division, and scandal. and would be little advantageous to the natives and to the new Christians.

Villarroel, pg. 19

The Arrival of the Dominicans 1587-1597

This advice to remain silent may have served to quite the consciences of the Augustinians, Jesuits, and Franciscans who attended the Synod and were working amongst the natives but the arrival of the Dominicans in 1587 stirred up the question of the legitimacy of Spain's rule once more. These men were trained in the school of Fransisco de Vitoria, the champion of human rights, and were determined to keep his principles to the letter. That meant securing beyond any reasonable doubt the legitimacy of Spain's rule.

In this regard, let it be more that even the Dominicans themselves were desirous that Philip II were to be acknowledged as temporal ruler of the Islands. "All of us," Father Benavides wrote, "seek that the pagan Filipinos give obedience not only to God and to the Pope but also to the King of Castile." But first, he and his fellow Dominicans wanted the legitimate dominion to be established beyond doubt and as soon as possible. It was fundamental to attract the pagan Filipinos to freely choose their submission to his Majesty even before they became Christians.

Villarroel, pgs. 20-21

But it was not simply a matter of having the natives, who were already conquered, freely acquiesce and submit to the King of Spain. In order for the King and his council to accept this free submission they would have to acknowledge that everything about the conquest was illegal. This bold proposal, having the King admit he was in the wrong, seemed impossible but Benavides claimed he knew a way "it could be done without losing face."

"If we," he wrote, "have the ability to do it, let us impress upon the pagan Filipinos so that their leaders and vassals will freely and very voluntarily decide to wish, have, choose, and swear allegiance to his Majesty and to his successors as their legitimate king and lords, and to pay them tribute."

Villarroel, pg. 21

It was therefore necessary to make the long and arduous journey to Spain for an audience with King Philip II himself. To that end Bishop Salzar and Fr. Benavides left Manila for Spain in 1591. Sailing East to Mexico they arrived in Spain in 1593. Salazar, an old man of 82, died soon afterwards in December 1594. This left Fr. Miguel Benavides in charge of the mission to King Philip who nominated him as Bishop of Manila.

https://en.wikipedia.org/wiki/Miguel_de_Benavides

Benavides was granted an audience with King Philip II in which he handed him two treatises one of which dealt with the requirements for levying tributes and for preaching the Gospel. There is no record of the details of this audience but the result is that Philip convoked a special Junta to deal with the issues raised by Benavides one of which was the legitimacy of Spanish rule and the necessity for the natives to freely submit. 

To that end Philip issued the following Royal Cedula on February 8, 1597 to the Governor of the Philippines Don Francisco Tello. It ends with this instruction:

Likewise you will confer with the said superiors and religious, and bring it about that they shall undertake to remedy by love all which shall be found to have been done through force and fear; for, according to what the bishop tells me of these Indians, they are well disposed (not only in spiritual but in temporal matters), freely to render me submission. Done at Madrid, on the eighth day of the month of February in the year one thousand five hundred and ninety-seven.

The Plebiscite 1598-1599

Bishop Benavides did not arrive in Manila until May 1598. The Royal Cedula was handed to the Governor who read it in a meeting with all the ecclesiastical authorities in the Islands. The next day the decree of the Governor was read aloud by the public crier on August 5th. Part of the Acts of that meeting is as follows:

For the future they understand that our Lord's service demands that, by peaceful means of love, all the Indians should render voluntary and free submission to his Majesty the king of Castilla, our lord; and they offered that by themselves and the religious, and the other ministers under their control, all efforts should be made that this might be accomplished in a short time.

Villaorel, pg. 27
Shortly thereafter on September 13th, 1598 King Philip II died. The Islands would not receive this news until the middle of 1599 and by then the plebiscite was in full swing. Communication within the Islands was also slow going and it took months before Governor Tello's orders were received in the provinces. Likewise there was no infrastructure of any kind to take a vote as we would know it with ballots. 
There was only one thing to do, and it was done: to ask verbally the representatives of the native population whether they wanted the King of Spain or not. This and nothing more. The important thing is that we know what happened. The results can be known through various reports sent from the Philippines to the Court of Madrid.

Villarroel, pg. 28 
The Results of the Referendum

Results of the referendum are not known from every province but what is known is as follows.

Mangaldan, Pangisan

The referendum in Mangaladan, Pangisan was held on March 21, 1599 and was presided over by Bishop Benavides. From the Acts of this session we read as follows:
(All the men assembled) of their free will, without any coercion, rather much to their satisfaction, were giving and actually gave voluntarily and freely, in the name of all the pueblos and barnagays, for the present as well as for the future, obedience to the Catholic King of Castile and León, whom they were taking and actually took for their King and lord, and they placed themselves under his royal protection, and being their vassals they would be defended and protected, living in peace and with security their lives, honor and properties. And above all they asked his Majesty that he provide them with Bishops and religious [missionaries] and all that pertains to the good of the soul. About all this, they said that they were not moved by said religious or other persons, but by what they saw by experience; and they gave many thanks to God who had deigned to send such king and lord to them.

They added more, saying that if upon entrance in these islands, the Spaniards had explained to the people by word of mouth and any actions in a manner understandable to them the good that derived from being vassals of the king, they [the natives] would have given obedience as voluntarily and as freely as they do now.

Villarroel, pgs, 34-35

Cagayan

Diego Siriban was an early convert to Catholicism and a leader of the people. He was "an open support of the new way of life taught by the missionaries" and when the Royal Cédula of 1597 arrived in Cagayan he "led his people into accepting enthusiastically the sovereignty of the King of Spain."
"Hence, within a few years, when the voluntary offer of their allegiance was asked from them on the part of his Majesty King Felipe II, to satisfy a scruple which he had felt with regard to the conquest of that province, one of the leading chiefs of the province, Don Diego Siriban, responded for himself and for his subjects that he gave his allegiance to the king our Lord with a very good will, because of the great blessing which he had given them by sending religious to them."

He went on to say: "If we had known earlier the good that was coming to us with them, we would have gone to their countries to seek for it, even if we had been sure that half of us were certain to perish in the quest." The same thing was said by the whole town.

Villaroel pgs. 36-37
Another town in the same area also gave its allegiance freely to the King of Spain.

The bishop of Nueva Segovia, Don Fray Pedro de Soria, collected those Indians together, by order of his Majesty, and told them of the advantages of the Spanish monarchy, and how beneficial it would be for them to have Don Felipe, the king of the Spaniards, as their king, who would protect them peacefully and with justice. The chiefs answered not a word to this. Thereupon, the bishop spoke again and asked them whether they had understood the words he had spoken to them, and if they would answer. Thereupon a clownish Indian arose and said: “We answer that we wish the king of España to be our king and sovereign, for he has sent Castilians to us, who are freeing us from the tyranny and domination of our chiefs, as well as fathers who aid us against the same Castilians and protect us from them.

The Philippine Islands, 1493-1898, Volume XXIII, 1629-30, pg. 253

La Laguna 

The plebiscite took place in Lumban on June 13th, 1599. 143 Barangay captains, chieftains, and other leaders of the people showed up but they were hesitant to give an answer right away instead asking for a year long moratorium to decide upon something so monumental as submitting to the King of Spain.

“Therefore, in answer to what was asked them, as it was of so great importance they sought for a delay, as the time is so short, and they had not conferred and communicated with all the chiefs, nor informed those of their villages of the resolution; and so they separated, saying that there would be enough time from now until the departure of the ships in the coming year, one thousand six hundred, and that information about this negotiation could be sent then to his Majesty. “ 

Governor Fransisco Tello reported on the results in a letter dated July 1599.

This is what has been done since then, in virtue of their decision. Instructions and directions have been sent to the alcaldes-mayor and to the religious in all the provinces, that by the gracious methods which your Majesty directs, submission shall be rendered to your Majesty. In the province of Ylocos, in the diocese of the bishop of Nueva Segovia, this was very well done; and submission was rendered to your Majesty. Likewise the whole district of Manila, a mission of the Augustinian fathers, has rendered submission. La Laguna, in charge of the Franciscan fathers, has not so easily yielded; for the natives there have asked a year's time in which to answer; and I have left La Laguna in this state, until I should give an account of it to your Majesty, as you direct me. The same thing will be done in the other provinces which ask delays. Thus far I am not informed of what has been done. 

They are in no wise oppressed by the collection of the tribute; and if the effect of this royal decree must continue and be in operation as provided therein, there will be many difficulties, such as have already commenced with the seeking of delay. Your Majesty will hold nothing securely, and for the same reason will have no justification for possessing this land. I am sending your Majesty a copy of the instruction and directions which are ordered for the execution of these measures, and one of the answers by the natives of La Laguna; so that, seeing these difficulties, your Majesty may be pleased to order a review of this affair and a determination of what is most expedient for the service of your Majesty. In the meantime I shall put matters into the best state possible.

In this letter Governor Tello not only reports the results of the referendum thus far but also warns King Philip that many difficulties would arise were it to continue. Specifically he notes the hesitation of the inhabitants of La Laguna who asked for a year's delay before giving an answer. Unfortunately their answer, if there was one, is not recorded. By that time it was a futile exercise because news of the death of King Philip had reached the Islands.
It is quite possible that matters remained where they were left in June of 1599, Firstly, becasue by June or July of 1599, the news about Philip II's death must have arrived in Manila and now his son Philip III sat on the throne of Spain. Secondly, Governor Francisco Tello de Guzman had shown little enthusiasm for the plebiscite as he explicitly manifested it to the King in his report of July 12, 1599. He went as far as to advise the king to "revise the whole affair" because the referendum would cause more difficulties than solve problems. The king's death liberated the Governor from displeasure of proceeding with the plebiscite further. 

Villaroel, pg. 44
It appears that with the death of King Philip II the referendum came to an end and the results were deemed inconsequential. What little details we do have of the referendum are scattered, almost buried, in the The Philippine Islands, 1493-1898 series as well as other dusty and neglected volumes. The Wikipedia article says:
With the completion of the Philippine referendum of 1599, Spain could be said to have established legitimate sovereignty over the Philippines.
Other websites have parroted this line but it's simply not true. First of all the Referendum was never completed. Secondly, while the results we do have are positive they are not comprehensive. One cannot say that Spain "established legitimate sovereignty over the Philippines" because a few provinces gave verbal assent to their rule. 

Conclusion

What can one say about this referendum? When in the history of the world has an already conquered people been asked whether or not they will give allegiance to their conquerors? The past tells us that there is only submission or death when it comes to a conquering army. What would have happened had the natives decided they did not wish to become vassals to Spain? Would the Spaniards have packed up and left? Did not the natives already freely submit themselves and their posterity to the Spanish Crown when Legazpi arrived? 

Here are the conditions of peace, or rather submission concerted: 1) The natives placed themselves under the Royal Crown of Castile, promising to be faithful vassals and obey his commands. And they promised it for themselves and for their descendants...

There are two ways to look at the referendum of 1599. One is through the eyes of the natives. At least four regions gave their allegiance freely. Two of them said they would have done it sooner had they been asked because of the blessings brought by the religion of the Catholic Church. One thanks the Spaniards for freeing them from the tyranny of their own countrymen. But what about the abuses committed by the Spaniards which vexed the missionaries? Why do the natives not mention any such abuses? 

The second way to look at the referendum is through the eyes of the missionaries. This referendum was the culmination of years of reform in the way Spain dealt with the natives in her colonies begun by the Dominican Fransisco de Vitoria. But what did it matter to have the permission of the natives when the Spaniards were already entrenched and had no intention of pulling out? Was this not all an empty show of which the real purpose was ultimately to soothe the consciences of a few men? Surely the referendum says more about the missionaries and their scruples than it does about the natives' willingness to submit. And what about King Philip II? Why would he agree to such a thing except to ease his conscience as well? 
Philip II's decision to order the holding of a referendum among his subjects may surprise many historians, especially the more critical of his policies and character. A monarch who ruled over almost one half of the known world often painted as tyrannical and despotic, insensitive and heartless, was in fact a deeply religious person, principled and magnanimous, pious and conscientious, ready to lend an ear to theologians, moralists, and jurists, to his private confessor and to the entreaties of missionaries, just as he heard the advises of his ministers and his Council of the Indies. His interests were not only Europe, England, France or Italy, but also in the right of his most simple and uncultured subjects in the New World and the Far East. It is a pity that the Philippine Referendum has been bypassed by all historians of Spain and the biographers of the King.

He was above all a man with a social conscience and a Christian conscience. He had the scrupulosity of the righteous man, of the prudent statesman and of the man of God.

Villaroel pg. 46
Just as the referendum of 1935 where Filipinos voted to approve a constitution and independence, the referendum of 1599 has been largely forgotten. Perhaps the endeavor did not amount to much but the motivations behind the missionaries who advocated the plebiscite, of King Philip II who allowed it, and the natives who willingly submitted to the King ought to change our perspective of the nature of the conquest of these islands. It's not as black and white, (evil and greedy Europeans came here to rape these islands of all their resources), as many people make it out to be. 

Friday, November 12, 2021

Retards in the Government 232

It's your weekly compendium of foolishness and corruption in the Philippine government.



https://newsinfo.inquirer.net/1510894/village-head-slain-while-resting-in-hammock-in-samar

A village chief in Pinabacdao town, Samar, was shot dead Thursday by still unidentified assailants while resting in a hammock.

Carlito Pacayra, 37, chairman of Barangay Canlobo, suffered a gunshot wound on his head.

His 17-year-old nephew James Ryan, who was with him at that time, was hit on his left foot and is now recuperating at the town health center.

Police Sergeant Ricardo Lucero said investigators have yet to establish the motive and identity of the perpetrators.

“The victim [and] his nephew were resting on a hammock near a window when three gunshots were fired at them. One shot hit the head of the barangay chairman,” said Lucero in a phone interview.

Pacayra was in his father’s house in Barangay Parasanon, resting after visiting the cemetery with his wife in Basey, Samar.

A village chief was assassinated by unknown me for unknown reasons after returning home from visiting a cemetery.

https://newsinfo.inquirer.net/1511270/cop-cohort-arrested-for-alleged-kidnapping-in-manila

A policeman and his cohort were arrested in Manila on Friday for allegedly kidnapping a man accused of possessing shabu.

A report from the Manila Police District’s (MPD) Ermita Police Station (PS-5) released on Saturday identified the suspects as Patrolman Wilfredo Mindanao, currently assigned at the Police Security Protection Group, and a certain Romeo Aday.

Initial investigation showed that at about 6:30 a.m. on Friday, Aday approached the victim Jovito Abejo who was then under the Trece De Agosto Bridge, introduced himself as a member of the National Bureau of Investigation, and said that he saw Abejo holding a sachet of suspected shabu.

“Thereafter, victim was brought by the suspects to their abode (residence) and extorted money in exchange of his liberty,” the police report read.

According to Ermita police, a vendor reported the alleged kidnapping to the Paz Police Community Precinct (PCP) at about 8 a.m. and said the suspects were demanding P50,000 for Abejo’s liberty. Her relationship with the victim was not immediately identified.

A cop has been accused of extorting a man in exchange for his liberty.

https://www.pna.gov.ph/articles/1158885

Former Presidential Anti-Corruption Commission (PACC) chairperson Greco Belgica on Friday emphasized the need to introduce legal reforms to strengthen institutional arrangements for the effective investigation and prosecution of corruption, as well as the aggressive enforcement of anti-corruption laws. 

In a virtual media forum. Belgica said this includes the creation of a specialized anti-corruption police that would be responsible for enforcing anti-corruption laws. 

"(We need to have an anti-corruption police solely focused on implementing the anti-corruption law because the country's major problem is corruption. That's why we are suffering, deteriorating, and progressing slowly)," said Belgica, who is running for senator under the ruling party Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban). 

He added that the government's fight against corruption can further be strengthened by hiring more prosecutors, hiring more lawyers, and building more investigative and prosecutorial offices for the successful deterrence of corrupt practices. 

"We need to hire more prosecutors, more lawyers, build more offices para mapabilis ang imbestigasyon (to speed up the investigation)," Belgica said. "Palakasin po natin ang batas para ang ating prino-prosecute ay siguradong nakukulong (We need to strengthen the [anti-corruption] laws so that those that we prosecute would be put to jail)." 

Belgica noted that there are layers of processes that need to be done to investigate and prosecute corrupt officials, highlighting the need to simplify the system in the pursuit of corrupt officials and put them behind bars.

The former President of the Presidential Anti-Corruption Commission says corruption in the Philippines is so great that it is the number one problem and is what is keeping the country back from progress. Furthermore he says there needs to be a police forced focused solely on implementing anti-corruption laws. Then he says the nation needs to hire more lawyers. As if more lawyers will solve anything. Check out this next story.

https://www.pna.gov.ph/articles/1158883

The Sandiganbayan anti-graft court has acquitted a government bank auditor on charges of malversation of public funds and graft in connection with anomalous transactions in 1999.

The graft court’s Seventh Division said the prosecution “was not even able to introduce basic evidence” against Development Bank of the Philippines (DBP) Lucena’s Maria Prima Abrigo, who appealed the 14-year imprisonment imposed by the Lucena City Regional Trial Court.

The 25-page decision dated October 21, written by Associate Justice Ma. Theresa Dolores Gomez-Estoesta, however, found Abrigo civilly liable and directed her to pay the amount of PHP891,000 to DBP-Lucena.

The anti-graft court said the criminal liability “should have been based not on her admissions alone, but on separate and independent proof to establish the crimes”, noting that only Abrigo’s admissions of her part in the irregularities were used.

“To reiterate, an extrajudicial confession will not support a conviction where it is uncorroborated. There must be such corroboration that when considered in connection with the extrajudicial confession, would show the guilt of accused beyond a reasonable doubt,” the Sandiganbayan ruled.

Abrigo admitted to her part during a COA probe and executed a sworn statement without counsel.

The Sandiganbayan said there is no question that it is admissible as evidence considering that the confession was made voluntarily, but it does “not automatically spell a conviction” since “much has to be proven by the prosecution but which, haplessly, it failed to do at this instance”.

For one, the court noted none of the checks involved in the case was presented in evidence.

“Ostensibly, there is confusion in the facts laid out by the prosecution which cannot sustain a solid judgment of conviction no matter how easy it became for the accused-appellate to come forward with her wrongdoing,” the court said

The Sandiganbayan has acquitted a former government employee for malversation of funds because the government prosecutors could not even produce a single piece of evidence. All they had was the woman's confession but nothing corroborate that confession. Clearly the problem here is not the lack of alwyers but the lack of competency.

https://www.pna.gov.ph/articles/1159427

Police have launched extensive pursuit operations against a rookie policeman who killed a female college student and wounded two others using a high-powered service firearm in a boarding house in Koronadal City early Thursday.

Lt. Col. Maria Joyce Birrey, the spokesperson of the Police Regional Office in Soccsksargen (PRO-12), said police teams have been dispatched in parts of the region to locate and arrest suspect Patrolman Roland Roquero Lopez of the South Cotabato Police Mobile Force Company (PMFC).

A police report said Lopez, 29, reportedly opened fire at the victims around 2:50 a.m. using an M16 Armalite rifle through a window of a rented room at the Oca boarding house in Gatuslao Street, Barangay Zone 3 in Koronadal City.

Charmaine Rose Canlas, 21, a graduating student of the Notre Dame of Marbel University, died on-the-spot as a result of the shooting.

Her two companions, Joana Saptula and Debie John Franco, both 21 years old, were wounded and currently undergoing treatment at the South Cotabato Provincial Hospital in Koronadal City.

Witnesses said the victims were inside the room and already preparing to sleep when the incident happened.

Lt. Col. Joedy Lito Guisinga, Koronadal City police chief, confirmed that the three initially came to the city police station past 11 p.m. Wednesday to file a report after allegedly being harassed by Lopez.

He said it stemmed from a quarrel between the suspect and his reported girlfriend Saptula, a roommate of Canlas.

The suspect was allegedly jealous of the perennial presence of Franco, who is a boyfriend of Canlas, at the boarding house, he said.

Guisinga said Lopez, who was reportedly drunk, later returned to the area, proceeded to the room situated on the second floor of the boarding house, and fired at the victims using a Philippine National Police-issued firearm.

“That’s the initial information that we received. We’re still validating this and we will get a clearer picture once the two other victims (Saptula and Franco) become stable,” he told reporters.

A drunk rookie cop jealous that a man was always at the boarding house where his girlfriend was living used his PNP-issued firearm to shoot at his girlfriend and her roommates killing one and wounding two others.