Martial law in Poro Point?

A sad weekend for La Union and Northern Luzon.

This was how our friends from Baguio and La Union described the attempt by armed elements reportedly fielded by the Bases Conversion Development Authority (BCDA), its subsidiary the Poro Point Management Corporation (PPMC) and the Philippine Ports Authority (PPA) at a forcible takeover of the Poro Point seaport.

The incident, marred by a tense stand off, was foreseen by the local communities of La Union. It was not isolated. But as foretold by our item last Sunday, it could be part of a "conspiracy" to circumvent a court order to BCDA and PPMC to lay off the port and leave things the way they are.

If our Baguio and La Union sources are correct (and I hope they are wrong), the BCDA and PPMC may have found a way of going around an injunction issued by the San Fernando City Court. The ploy, we were told, was to get the Department of Environment and Natural Resources to write a letter to the Poro Point seaport operator questioning the alleged absence of an environment clearance certificate.

Armed with the DENR letter, BCDA went to retired General Leandro Mendoza, transportation secretary, requesting the latter to order the Philippine Ports Authority (PPA) to immediately take-over the port. It appears General Mendoza obliged. Thus was precipitated the stand off at Poro Point.

Some of my friends in media disagree with me on the conspiracy theory. They pointed out that General Mendoza may not have been fully aware of the legal issues concerning Poro Point when he lent armed PPA guards for the forcible take over.

We tend to agree. General Mendoza, who has been low profile, would not be the kind who would be drawn into a needless conflict. Further, our sources say it was clear in the order of Secretary Mendoza that he was merely acting upon the request of the BCDA?

As to why General Mendoza had obliged the request, our Baguio and La Union friends have an answer: it was a plea from one general to another, the other being BCDA president Narciso Abaya.

We heard that a temporary restraining order (TRO) was issued by the San Fernando City Regional Trial Court last Monday stopping the BCDA and PPMC from forcibly taking over the Poro Point seaport. However, reports said that the BCDA-PPMC leadership does not want to honor the TRO. They should be reminded that President Arroyo herself emphasized the importance of the rule of law as a matter of policy. There is no respect for the rule of law in Poro Point if armed elements can blatantly disregard an existing injunction and forcibly takeover a facility from a legitimate operator.

The armed forcible takeover of the seaport is certainly a grim reminder of the martial law years where brute force and not the rule of law prevailed. Is it martial law again in Poro Point?

I was told by media friends that General Abaya’s underlings are checking the background of their boss’ critics. Editors of newspapers which publish the outcry of the La Union community also reportedly received stern advice from General Abaya’s operatives about the sustained media reporting on the Poro Point issues.

I am inclined to dismiss the warning as simply the handiwork of Abaya’s over-eager-to-please cohorts. The former AFP boss knows media has a job to do. And unless and until the public gets satisfactory answers to the questions on the BCDA-PPMC take over of Poro Point, the media has to keep the issue alive. It is best that Abaya advise his operatives that when media is threatened, the more it stands firm on its conviction.

Back to the issues that need Abaya’s answers.

First, why has it come to this - the armed intrusion of PPMC and PPA elements in an attempt at a forcible take over of a facility being operated on the basis of a valid contract? Has the General given up on the legal processes? Has the General become impatient with court hearings and litigations? Is the use of guns the final answer? Didn’t the General himself say that only the court can declare the contract on Poro Point null and void? Has he junked that stand?

Second, why has the General done to Poro Point what he failed to do with Bob Sobrepena’s billion-peso John Hay arrears? Why has the General given his blessing to a virtual armed raid on a facility that owes the government nothing and in fact pours in a solid P50 million yearly into the General’s coffers? Bob Sobrepena owes Abaya P3 billion, but why has the General backed off on John Hay? We should know, we supported Abaya on his saber-rattling expedition against Bob Sobrepena and the CAP group, believing that the General has what it takes to get Bob to pay up.

Third, is this whole Poro Point mess that now threatens to become a bloody gunfight really designed by General Abaya? Does the General know that PPMC president Felix Singson-Racadio was seen directing the armed elements at Poro Point during the aborted take over? Is the General directing the whole plot or is he a mere kibitzer in this unfolding drama? Has he relinquished his agency to Singson-Rojas and Singson-Racadio?

Is the General still in control? Can he still prevent the possible bloodshed?

Fourth, was General Leandro Mendoza fully apprised by General Abaya about the legal implications of engaging the PPA armed guards in the attempt to take-over? Did General Abaya inform General Mendoza that the latter could be dragged into a messy legal battle? Did General Abaya tell General Mendoza that there is a court injunction on Poro Point?

Lastly, does General Abaya and his colleagues at the BCDA and PPMC understand how the international press would view the armed intrusion at Poro Point? Have they counted the cost of kicking out a legitimate investor at gunpoint? Have they assessed the damage to President Arroyo‚s international credibility resulting from the blatant disregard for legal processes and the wanton resort to the use of guns?

General, the public needs answers.

The superb intelligence operations of BCDA against its critics and the efficient deployment of armed elements at Poro Point do not constitute answers.

They merely raise more questions.

And the saddest of all these questions is on the leadership of the General.

For comments, e-mail at [email protected]