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GMA creates commission to dismantle private armies

- Marvin Sy -

MANILA, Philippines - President Arroyo has created an independent commission to spearhead the national effort to dismantle private armies ahead of next year’s elections.

While the names of the members of the commission have not yet been revealed, Malacañang announced that Mrs. Arroyo had signed Administrative Order 275 creating the body that will go after private armies of politicians.

According to the AO, the commission’s mandate is to “address the alleged existence of private armies in the country by investigating the existence of private armed groups with a view of dismantling them permanently.”

Palace officials announced the creation of the commission earlier this month and said a former Supreme Court magistrate would head the body.

But officials could not provide the names of the members of the body in the weeks that followed because the personalities they had in mind have not yet agreed to this.

In AO 275, there was no mention of who would head the commission, just the composition of the body in general.

The AO stated that the commission would be composed of representatives from the Catholic Bishops’ Conference of the Philippines (CBCP), the Ulama League of the Philippines, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and the media.

It will be the government’s sole voice on the issue of private armies and would make a report to the President, outlining its action and policy recommendations including appropriate prosecution and legislative proposals.

“The law enforcement agencies of the government shall prioritize the dismantling of private armies in accordance with the instructions of the commission, with the aim to eliminate them prior to the May 2010 elections,” the AO stated.

The Department of Justice (DOJ) was also tasked to prioritize the prosecution of the leaders and members of private armed groups and secure a conviction at the soonest possible time.

In order to effectively carry out its mandate, the commission was given all the powers of an investigative body under Section 37, Chapter 9, Book I of the Administrative Code of 1987.

This includes the power to summon witnesses, administer oaths, and take testimony or evidence relevant to the investigation and to issue compulsory processes to produce documents, books, and records.

It also has the power to call upon any agency of the government to help it carry out its functions as well the authority to engage the services of members of the private sector.

The commission also has the power to deputize the AFP, PNP, DOJ and other law enforcement agency personnel to assist it in the performance of its functions.

The funding for the commission would come from the budget of the Office of the President.

The creation of the anti-private army commission was prompted by last month’s massacre of 57 people in Maguindanao, described as the worst election-related violent incident in the country’s history.

The carnage was blamed on Datu Unsay Mayor Andal Ampatuan Jr., who allegedly led his armed supporters that included policemen and civilian militia to ambush the convoy and eliminate his gubernatorial rival, Buluan Vice Mayor Esmael Mangudadatu.

ADMINISTRATIVE ORDER

ARMED FORCES OF THE PHILIPPINES

BOOK I OF THE ADMINISTRATIVE CODE

BULUAN VICE MAYOR ESMAEL MANGUDADATU

CATHOLIC BISHOPS

COMMISSION

CONFERENCE OF THE PHILIPPINES

DATU UNSAY MAYOR ANDAL AMPATUAN JR.

DEPARTMENT OF JUSTICE

MRS. ARROYO

PRIVATE

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