Panic buying for guns, bullets in Mindanao

By EDWIN G. ESPEJO in General Santos City

With civilians arming themselves after their villages were attacked—some, threatened to be attacked—by Muslim rebels, there is now reportedly a shortage of firearms and bullets in Mindanao, sources said.

This has led to a bullish arms black market, where an M14 rifle is reportedly sold at P90,000, and an M16 Armalite rifle, between P50,000 and P70,000.

The .30 caliber ammunitions for Garand rifles, the standard issue to government militiamen, are in demand, too.

Members of the Moro Islamic Liberation Front (MILF) have attacked four provinces so far where local officials are against the inclusion of their towns or villages in the proposed Bangsamoro Juridical Entity to be led by the MILF.

The attacks started after the Supreme Court stopped at the last minute the signing of a memorandum of agreement between the national government and the MILF defining the BJE. The MOA was drafted in secrecy, and affected localities are asking the tribunal to compel the government to make its contents public.

Philippine National Police chief Avelino Razon has said that civilians may now be allowed to defend themselves with available arms in their possession. Licensed owners starting taking out their guns, especially during organized night watches. Cities and municipalities who are threatened by MILF attacks have put up check points and blockades.

This week, civilians who introduced themselves as members of the Ilaga said that they have resurrected the vigilante group, a 1970s anti-Muslim organization created by the so-called group of seven headed by Feliciano Luces alias "Kumander Toothpick."

Luces’s face was splashed on the front pages of national dailies in the 1970’s after he met with then President Ferdinand Marcos during the height of Moro war in Mindanao. The tale that went around after the meeting was that Kumander Toothpick gave Marcos an amulet that would protect the bearer against bullets coming from assassins.

When Kumander Toothpick died, Norberto Manero took over the reins of the Ilaga and gained notoriety for killing Italian missionary Fr. Tulio Favali in 1985. Manero served time for the crime, but is now free after he was given parole by President Joseph Estrada.

World War II vintage rifles, such as the M1 Garand rifles, Carbine, bolt-action Springfields, 12-gauge shotguns, and Thompson sub machine guns are now being polished clean as villagers gear to defend their properties and lives.

In General Santos City, gun stores have reportedly ran out of shotgun cartridges. A politician known to maintain a private army has reportedly sent word that he is willing to buy an M14 rifle for up to P90,000. The military would not confirm that it’s running out .30 caliber ammunitions.

Local politicians are no longer coy about residents arming themselves to ward off possible attacks by the MILF.

Sarangani Gov. Miguel Dominguez said residents have the right to bear arms and urged them to be on guard. Iligan City Mayor Lawrence Cruz has defended the decision of civilians to bear arms, saying they have the "right to self preservation."

North Cotabato Gov. Emmanuel Piñol has locked horns with presidential peace adviser Hermogenes Esperon Jr. over requests for more arms and ammunition. ARMM Gov. Zaldy Ampatuan has reportedly beefed up his already strong security force.

One lawyer said he fears the violence may escalate and Mindanao could revert back to the religious war that killed thousands and displaced more than a million residents in the 1970s.

http://www.abs-cbnnews.com/storypage.aspx?StoryId=129319

Panic buying for guns, bullets in Mindanao

Written by Edwin G. Espejo in General Santos City ,Newsbreak
Tuesday, 26 August 2008

With civilians arming themselves after their villages were attacked—some, threatened to be attacked—by Muslim rebels, there is now reportedly a shortage of firearms and bullets in Mindanao, sources said.

This has led to a bullish arms black market, where an M14 rifle is reportedly sold at P90,000, and an M16 Armalite rifle, between P50,000 and P70,000.

The .30 caliber ammunitions for Garand rifles, the standard issue to government militiamen, are in demand, too.

Members of the Moro Islamic Liberation Front (MILF) have attacked four provinces so far where local officials are against the inclusion of their towns or villages in the proposed Bangsamoro Juridical Entity to be led by the MILF.

The attacks started after the Supreme Court stopped at the last minute the signing of a memorandum of agreement between the national government and the MILF defining the BJE. The MOA was drafted in secrecy, and affected localities are asking the tribunal to compel the government to make its contents public.

Philippine National Police chief Avelino Razon has said that civilians may now be allowed to defend themselves with available arms in their possession. Licensed owners starting taking out their guns, especially during organized night watches. Cities and municipalities who are threatened by MILF attacks have put up check points and blockades.

This week, civilians who introduced themselves as members of the Ilaga said that they have resurrected the vigilante group, a 1970s anti-Muslim organization created by the so-called group of seven headed by Feliciano Luces alias “Kumander Toothpick.”

Luces’s face was splashed on the front pages of national dailies in the 1970’s after he met with then President Ferdinand Marcos during the height of Moro war in Mindanao. The tale that went around after the meeting was that Kumander Toothpick gave Marcos an amulet that would protect the bearer against bullets coming from assassins.

When Kumander Toothpick died, Norberto Manero took over the reins of the Ilaga and gained notoriety for killing Italian missionary Fr. Tulio Favali in 1985. Manero served time for the crime, but is now free after he was given parole by President Joseph Estrada.

World War II vintage rifles, such as the M1 Garand rifles, Carbine, bolt-action Springfields, 12-gauge shotguns, and Thompson sub machine guns are now being polished clean as villagers gear to defend their properties and lives.

In General Santos City, gun stores have reportedly ran out of shotgun cartridges. A politician known to maintain a private army has reportedly sent word that he is willing to buy an M14 rifle for up to P90,000. The military would not confirm that it’s running o .30 caliber ammunitions.

Local politicians are no longer coy about residents arming themselves to ward off possible attacks by the MILF.

Sarangani Gov. Miguel Dominguez said residents have the right to bear arms and urged them to be on guard. Iligan City Mayor Lawrence Cruz has defended the decision of civilians to bear arms, saying they have the “right to self preservation.”

North Cotabato Gov. Emmanuel Piñol has locked horns with presidential peace adviser Hermogenes Esperon Jr. over requests for more arms and ammunition. ARMM Gov. Zaldy Ampatuan has reportedly beefed up his already strong security force.

One lawyer said he fears the violence may escalate and Mindanao could revert back to the religious war that killed thousands and displaced more than a million residents in the 1970s.

Many are hoping he is wrong.

If the right to bear arms is given to the entire population of the troubled areas, it shows that the government is no longer in the advantage point of defending the people against the atrocities of the lawless MILF. It is extremely embarrassing for an armed forces of a country to lost credibility and capability to fight against internal terrorists like the MILF. These group are undoubtedly terrorists because the hold the government into ransom through bullish demands by killing innocent citizens.

To continue pushing the agreement is a brain-dead idea to sort out the existence of these terrorists. Instead, there should be an all out war to be waged to bring them to their knees until they will learn to respect the Philippine sovereignty rather than putting the population in the front line.

Every right has an equal responsibility. I just hope that those given the right to bear arms, know the responsibility in having one.

exactly, if the citizen is law abiding , there is nothing to fear. in fact, a government that does not allow law abiding citizens to bear arms is the one to be feared because why would a government be afraid of law abiding citizens who bears arms? unless such a government is totalitarian and abuses her citizens(abusadong gobyerno) then of course such govt does not want armed law-abiding citizens.

armed citizens who do bad things(bandidos or bandits, kidnappers, teroristas) are obviously not law abiding and are punished all over the world including in the U.S.

If the cops dont keep a tab on these loose firearms, these will haunt them back in the form of increased criminality once this MILF brouhaha is over.

The Filipino people have no right to bear arms. It is not in our Bill of Rights. It was deliberately omitted in the rights "granted" (and I use the term rather loosely) to us by the US colonial government, along with the right to a trial by jury. During this period the Philippine-American War was still very fresh in the minds of the colonizers and the right to bear arms was not in consonance with the "pacificiation" stance of the US. However that right was never deemed a necessary one and hence remains outside of our Constitution.

The right (to bear arms) is, however, in the US Constitution as a result of the Revolution of 1776 because it was considered necessary in the conscription of states' militia. It appears that this is the "right" that the local government officials are claiming. Mistakenly.

'Armed civilian group forming in Zambo City'

By JEWEL REYES
ABS-CBN Zamboanga

A Zamboanga City councilor said Thursday some 3,000 civilians are slowly gathering and forming as an armed group to offer their services as the "internal defense force" of communities in the city.

Until now, local authorities claim Zamboanga City still receives threats from the Moro Islamic Liberation Front (MILF). Text messages of alleged attacks are still being circulated among residents.

Zamboanga City 2nd district councilor Jaime Cabatao, who said he was contacted by the group, said the members of the group, which is still nameless, do not intend to kill or serve as vigilantes, like the Ilaga group in central Mindanao.

He said the group would like to remain anonymous since they are still in the process of contacting their old members and recruiting more.

Cabato said the members mostly come from well-off families, and some are even licensed gun holders.

He said some also carry unlicensed firearms, but they said this would only be a problem if emergency situations arise.

The group also told him said they are committed to defend Zamboanga City from the attacks, and will act only if the community is under siege.

Meanwhile, the Commission on Human Rights (CHR) expressed alarm over this report, saying the rise of such groups will result in "anarchy" in a community.

CHR regional director Atty. Jose Manuel Mamauag said arming civilians, no matter how they claim to be different from any vigilante group, will only fuel the fire.

He said it will be hard to prevent fighting and rise of violence if the local government tolerates such act. He said tension between the local government and the MILF is enough to send some local residents in panic.

http://www.abs-cbnnews.com/storypage.aspx?StoryId=129579

I always shake my head in frustration when I see comments like civilians bearing arms will result in anarchy, etc its like they have this automatic imagery of civilians engaging in a frenzied rampage.
Some of these people like that human rights head probably have this idea that civilians from the province are stupid or crazy and cannot be trusted to bear arms.

It is true that there have been incidents like that manero killing and the killings at the mosque in the 70s, but if you consider that are thousands of CVOs and other armed civilians, the big picture is not bad at all. They would look like saints compared to the atrocities of the MILF.

in the 80s when NPAs were in misamis oriental in the claveria gingoog area, my grandfather asked for assistance from a local army detachment, but they refused saying they need more men. my grandfather who was a world war 2 guerilla just like my dad and other uncles could only shake his head. Had that army detachment only mingled with the locals and built good rapport to collect intelligence, they would have found out that they could have received advance warning of NPA movements. anyway, it was each to his own and as I have posted back, my grandfather and his encargador single-handedly ambushed and killed 3 NPAs. his nephews including me were his back-ups and he just told us that if we did not hear the firing of his thompson submachinegun, that means he is in trouble, and thats when he wants us to rush and reinforce him. He also once mentioned that the commander of guerilla forces in world war 2 in mindanao, Colonel Fertig was 'talawan' or scared and was always hiding from the japanese in the most remote parts of bukidnon hehehe. bistado ano?

Anyway, if the Government continues this bad habit of giving the AFP one of the smallest defense budgets in Asia, then it is not surprising that some of the AFP units was not able to respond optimally to the rebel depredations.


The Philstar cartoon below summarizes how I feel:

EDITORIAL - Self-defense

Friday, August 29, 2008 Philstar

Government officials are expressing alarm over the resurgence of civilian vigilante groups amid attacks launched by the separatist Moro Islamic Liberation Front. Yesterday Malacañang warned members of the so-called Reformed Ilaga Movement against committing illegal acts.

One problem here is that the government has failed to enforce the law in the conflict areas of Mindanao for such a long time that what constitutes an illegal act has become a gray area. Another problem is that the vigilantes are regrouping because they believe their government has failed to protect them from lawless elements.

What do law-abiding citizens do when bandits raid their villages, burn down their houses, steal their carabao and take their women and children hostage? What do normally peace-loving citizens do when all the bandits including the children are armed to the hilt, ready to blackmail a weak government into acceding to a lopsided land deal ostensibly in the name of peace?

It has been weeks since MILF raiders pillaged villages in several provinces in Mindanao after the Supreme Court stopped the signing of a controversial land deal between the government and the separatist group. Scores of villagers were killed in the raids. Yet only a few of the perpetrators have been apprehended, and it is doubtful whether they would be brought to justice. Worse, the principal perpetrators continue to threaten other villages with more attacks.

The resurgence of Christian vigilantes is an indication of the state’s failure to protect its citizens from grievous harm. In the face of that failure, citizens have a right to defend themselves in any way they can. Threatened villagers cannot be told that when rape is inevitable, they should just sit back and enjoy it. If the help that threatened communities are seeking is not forthcoming, they will fight back.

It is a recipe for protracted violence in Mindanao, and it is something that the government must prevent at all costs. By doing its job of keeping law-abiding citizens safe from the bad guys, the government will render civilian vigilantes irrelevant.

And if the Government continues this bad habit of giving the AFP one of the smallest defense budgets in Asia, then it is not surprising that the AFP was not able to respond optimally to the rebel depredations.

Isn't it strange that the government is concerned about "civilians" bearing arms, and not concerned at all that the MILF does exactly that? The members of the MILF are as much in violation of illegal possession of firearms as the civilians are. And yet only the "targets" are being warned against bearing arms.

The government deals with the MILF and promises it independence and massive resources, but it only has warnings for the civilians whose lives are upended everytime there is an outbreak of hostilities.

The MILF is not a state. Its members are not militia. They too have no right to bear arms.

here's something for you maam spell, under the circumstances described in the article below, are the Tboli tribesmen liable for murder and illegal possession of FAs ?

T’boli kill 5 MILF men, say police

Philippine Daily Inquirer
First Posted 01:50:00 08/31/2008


KORONADAL CITY, Philippines—Armed T’boli natives killed five Moro Islamic Liberation Front (MILF) rebels, including a field commander, during a clash in Lake Sebu, South Cotabato, police said yesterday.

Senior Supt. Robert Kiunisala, South Cotabato police chief, told the Inquirer the T’boli were guarding Sitio Kitae in Barangay Ned when they noticed an approaching group of MILF rebels around 5 p.m. on Friday.

Kiunisala said no policemen or soldiers were assigned to the village. He denied the military had armed the native tribesmen.

“The inhabitants there armed themselves to protect their village from attacks,” he said.

There were no reported casualties on the side of the T’boli during the 30-minute clash, he said.

Kiunisala identified the slain MILF leader as Commander Lumontod, reportedly under the MILF 107th Base Command based in Palimbang, in neighboring Sultan Kudarat.

http://newsinfo.inquirer.net/inquirerheadl...-men-say-police

Both parties would be liable for illegal possession of firearms (unless the firearms are licensed). Thats the sad and inescapable fact. That is, unless our penal laws have been suspended in Mindanao -- and that appearently has not happened yet.

The difference between the two groups is that the MILF would also be liable for rebellion, whereas the T'boli have the exempting circumstance of self-defense that will keep them from being held liable for homicide or murder.

If we have not heard of any person being charged with illegal possession in the aforementioned incident, it may be because none of the parties were charged (that is, no one filed a complaint) for it.

Perhaps the Govt. should allow the formation of pro-Govt. militias and maybe place them under the command of a military official.
That way the militias can group to protect their properties when necessary and the military can focus on its advances against the rebels.

Another interesting thing about our penal laws. There is a rule that states that one cannot commit homicide or murder in the protection of property.

A life for a life is acceptable, thus the doctrine of self-defense, defense of strangers, defense of family members. Defense of honor is also acceptable, and excuses the killing of a rapist. But our laws also demand reasonable means in defending ones' self. So defense of property will not excuse homicide.

Until we rationalize these rules to include the situation in Mindanao, citizens and militia protecting property will not be protected under our penal laws, in the event that a killing occurs.

thats the problem with law enforcement, if a person carries a gun openly in Manila, he gets accosted by the cops immediately and could get lenghty prison terms. but in mindanao, people openly carry illegal weapons and the authorities just look away.

now this selective justice is haunting manila even now ( not later sir tormentor), the recent shootout with bank robbers from mindanao in makati armed with M203 grenade launchers indicate so.

The only reason we can think of why the law is adamant to excuse homicide committed in defense of property is because a property is not a living being that when attacked it would result to loss of life or dignity that needs an immediate and instantaneous defense to bring down or neutralize the aggressor.

When a property is being breached or intruded, there are still remedial measures and ample time to resolve it by seeking assistance or police protection without involving loss of lives to protect it.

interesting read on "illegal possession of firearms" and how it is enforced:

http://www.negroschronicle.com/?p=261

The law on illegal possession of firearms comes to light in the wake of the brief arrest-and-release of Noreco II General Manager Ephraim Taclob when the vehicle he was was driving was flagged down by Philippine Army personnel.

The Army, purportedly acting on reports that rebels were in the area, held checkpoint and uncovered heavy firearms in the vehicle driven by Engr. Taclob. According to the local Philippine National Police, charges of illegal possession of firearms are going to be filed. Not very long ago, the law on illegal possession of firearms was very harsh. This was a product of those Marcos decrees designed to fight the so-called enemies of the state. For Marcos to ensure that those who ever try to mount an insurrection, or rebellion against the state received the full force of the law, he enacted Presidential Decree No. 1866. Those found guilty under this decree were meted a penalty of up to forty years in prison. That was the law then.

Robin Padilla episode
Then came Robin Padilla. If you recall, Robin Padilla was then the poster boy of the Ramos administration, and was once even regarded as a “role model” for the youth. But Robin had brushes with the law. Once, he figured in a hit-and-run while driving his Pajero.

He was pursued by police, and eventually flagged down. He was found to have in his possession various firearms. To cut a long story short, he was convicted of illegal possession of firearms under the harsh P.D. 1866. If you want to read this colorful episode of Robin Padilla, I refer you to the Supreme Court decision in Robin Carino Padilla versus Court of Appeals, G.R. No. 121917 March 12,1997. Robin was sentenced and spent jail term in the national penitentiary in Muntinlupa.

Ramon Revilla rescue
Then enter Senator Ramon Revilla, a fellow actor of Robin, who perhaps took pity on the sad state of a young promising colleague. Thinking that the law is just too harsh, Senator Ramon Revilla authored what is now Republic Act 8294, the current law against illegal possession of firearms. This law took effect July 6, 1997. I always regard R.A. 8294 as the “Robin Padilla law” because I cannot help but think—rightly or wrongly—that this law was for Robin Padilla. Or at least he was the law’s principal beneficiary. Because of this law, Robin Padilla is now a free man. And I think Robin has redeemed himself (so far) , as he has since shown himself to be a “responsible member of society.”

The penalty
The penalty for illegal possession of firearms had been drastically reduced. It is bailable. The penalty for simple possession of a .38 caliber, 9 millimeter, or similarly (low) powered gun is from four to six years, with a fine of P15,000. For possessing a higher powered firearms like a .45 caliber, .357 magnum, .22 center-fire magnum, and firearms with automatic firing capability, the penalty under the new law ranges between six to eight years, with a fine of P30,000.

Supreme Court rules
According to the Supreme Court there are mainly two elements needed to convict one of illegal possession of firearms.

First, the prosecution needs to establish the existence of the subject firearm. Second the prosecution should prove the fact that the accused who owned or possessed it does not have the corresponding license or permit to possess the same. To prove the second element, a certification by the PNP firearms and explosives division is needed. But if the firearm involved is one that cannot be issued to civilians, like an M-16, this certification may be dispensed with.

Another rule laid down by the Supreme Court is that ownership is not an essential element of illegal possession of firearms and ammunition. What the law requires is merely possession. “Possession” includes, not only actual physical possession, but also constructive possession.

“Constructive possession” means the subjection of the thing to one’s control and management. Defenses Essentially, it is not that difficult to prove the elements of illegal possession of firearms. If one is in possession of a firearm, and he does not have the license to possess, then there is a strong case against him ahead. But the new law on illegal possession of firearms, R.A. 8294 strikingly provides the accused a wide latitude of “creative” ways to raise a defense. That is what makes this law controversial, some say non-sensical.

The controversial proviso
Under the law on illegal possession of firearms, one caught unlawfully possessing firearms can be charged with the law, “PROVIDED NO OTHER CRIME WAS COMMITTED.” I do not know the rationale of this last phrase in the law.

This is the “escape clause” of the law on illegal possession of firearms. One can be charged with illegal possession of firearms. But if, at the time he was caught, another crime was committed, then he cannot be charged with illegal possession of firearms? This provision challenges the creative minds of defense lawyers.

Example
Let me give an example. Suppose, a person is caught by a policeman possessing a .38 caliber gun. While being arrested, the suspect gives another identity to conceal his true name. The‘minor’ crime of concealment carries a lighter penalty. Can the state lawfully charge the suspect of illegal possession of firearms? Or can he be charged with concealment of name? Remember, under the law on illegal possession of firearms, there is a proviso which states: “Provided no other crime was committed.”

Outrage in Cebu I am reminded of that outrageous story I read that happened in Cebu not long ago. A group of people suspected to be high profile notorious kidnappers were caught with firearms. At the time of the arrest they used faked military id’s The notorious gang was charged, not with illegal possession of firearms but usurpation of authority. The latter carried a lighter penalty. This sparked outrage among members of the legal community in Cebu, who called for an amendment of the law.

Conclusion
So the law on illegal possession of firearms in its present form sparks the imaginative, creative adrenalin of defense lawyers. This is one of those laws that makes lawyering much more interesting.

It is quite shocking for laws left to be amended by muppets. This amendments seems to be an indirect abolition of the crime of illegal possession of firearms which make me naive of this law. This is the prize for being away from the homeland for considerable number of years to find out in the media that good laws were amended by amendments authored by legislators who have good experience in "Sesame Street".

RP has 1.1M illegal firearms, officials say
05/18/2009 | 06:30 PM

MANILA, Philippines— The Philippines needs tougher laws to deal with the more than 1 million illegal firearms in the country, some of which may have been smuggled in from Afghanistan for use by Moro guerrillas, officials said Monday.

The firearms — many of which are in the volatile southern Mindanao region — have stoked the country's Moro and communist rebellions, crime and violence in a country with deep political divisions. About a tenth of the illegal firearms are on southern Jolo Island, where al-Qaeda-linked militants are active officials said.

Police Chief Superintendent Reynaldo Rafal told a firearms summit that the country has about 1.1 million illegal firearms, mostly unlicensed guns owned by civilians and those whose licenses have not been renewed. Nearly 16,000 are in the hands of communist and Moro guerrillas, he added.

The estimate was the highest ever.

Jolo, which has been grappling with Abu Sayyaf extremist militants, banditry and violent political and clan confrontations, could have as many as 100,000 illegal firearms, Casabar said.

Jolo Gov. Sakur Tan has launched a crackdown in the predominantly Muslim province, where gunfire usually greets family milestones like a baby's birth, weddings or even rare natural events like an eclipse.

Most illegal guns in Mindanao, scene of a decades-old rebellion, came from illegal gunsmiths or were smuggled in. The Moro Islamic Liberation Front, the country's largest Moro rebel group, is believed to have obtained some firearms from Afghanistan and Lebanon, Casabar said.

Rebel spokesman Eid Kabalu denied that, saying his group now manufactures all of its weapons. The 11,000-strong rebel group initially bought some firearms from other countries to copy their features, Kabalu said.

"We're now producing our own. We're self-reliant," Kabalu told The Associated Press.

He declined to say how many guns his group has, saying recent monthslong clashes with government troops may have caused a considerable decline in rebel firepower.

"The proliferation of firearms reinforces a climate of fear and culture of violence in Mindanao," military deputy chief of staff Maj. Gen. Daniel Casabar Jr. said, adding that "guns have almost become a fashion accessory to display power and authority" in some communities.

National police chief Jesus Versoza said several proposals to strengthen the national gun control law will be discussed.

From 2006 to last year, about 14,500 crimes like killings and robberies were committed using more than 16,000 firearms, almost all illegal, Rafal said.

In 2007 nationwide elections, at least 25 people were killed, mostly with guns, officials said.

The summit in Manila was organized by police partly to help ensure order in next year's presidential election. - AP

http://www.gmanews.tv/story/161777/RP-has-...s-officials-say