(Editor’s note: The so-called free zone in Mindanao is part of the National Territory which is not subject to temporary occupation by MILF. One document in a graft case has delayed sentencing for 12 years and more years on appeal, as noted by the author.)

MANILA, Philippines — Are communities/places like the provinces of Basilan, Sulu, Lanao del Norte, their towns and barangays still part of our Republic as defined in the Constitution? To most of us who are familiar with Article I – National Territory – there’s no effective amendment yet ceding or setting aside even a square meter of land for the benefit of MILF and its various factions.  Even Congress lacks the power to do so.

Not a foreign land

Let’s not accept the argument that the 19 AFP soldiers who died in ambush last week were trespassers or forest poachers who accidentally strayed into a “foreign territory” or land reservation under a valid claim of ownership by lawless elements.

More deaths

More deaths/banditry and treacherous acts were recently recorded in Basilan, Zamboanga Sibugay and Lanao del Norte. There were no reports of a firefight, only an ambush within the lawless groups’ PAR (Philippine Area of Responsibility).

No peace panel from the Manila government is clothed with the power to stop AFP soldiers from defending themselves and pursuing enemies of the state who claim immunity from hot pursuit.

Last count

As of last count (October 23), the fatalities stood at:  27 soldiers, three policemen, one CAFGU, four civilians, and nine outlaws. There’s no indication that the rampages by the MILF were staged to weaken the position of the government panel. From whatever angle we view the situation there’s such a term as leverage – to exert power/influence and win the argument.

Our AFP probably has the smallest number of soldiers – about 120,000. We have no accurate statistics on the number of the enemies and their supporters – like the NPA, MILF, and other unnamed lawless factions nationwide.

How our soldiers feel

Let us not be misled by high-ranking officers – lieutenant colonels up to four-star generals – who nod in full agreement with the government’s policy of NO all-out war against the MILF.

There are more soldiers – from private to sergeant and lieutenants – who can hide their feelings for now.  But for how long?   If our soldiers number some 115,000 against 5,000 officers, the soldiers’ mere silence needs an honest poll by both SWS and Pulse Asia to know about their true feelings, not to say instincts.

After 12 years but...

The ex-mayor of one Mindanao town signed a certificate “accepting the delivery” of six units of heavy equipment in good running condition in December, 1999, to get a bank loan. The dump trucks were delivered in February, 2000.

There was only one document involved and the cause of action occurred in December 1999.  But it took the anti-graft court years to convict the ex-mayor and sentence him to six years in jail and a fine of P5,000 only – last week.

Subject to more appeals

This shows that one document containing a few false statements can really obstruct the natural course of justice.  This decision is not final but subject to layers of appeal.  If it reaches the Supreme Court, it may take a few years more, say five years, before a final decision can be executed for a total of 17 years from the start.

For so simple a case involving a few false statements signed by the ex-mayor the government could still spend a few thousand more added to a long list of expenses in the past 12 years.

Case study

If we apply this case study to graft/corruption cases requiring boxes of documents and dozens of witnesses, prosecutors/judges may need 200  years to decide these cases – to quote Senator Joker Arroyo based on his experience.

If justice is rendered after 12 to 20 Years from filing unwelcome events may intervene like: 1) death of the accused while on bail, 2) witnesses, who are old and sickly, will not testify, 3) judges/prosecutors may retire before writing the decision of conviction/acquittal, and 4) new prosecutors/judges will face more problems. (Comments are welcome at roming@pefianco.com).