'Government not acting on some recommendations of Zeñarosa Commission'

MANILA, Philippines - A year after the Maguindanao massacre, a member of the Zeñarosa Commission, which was formed to probe the proliferation of private armies in the country, said the government has not acted on some of their recommendations to prevent abusive practices of powerful clans.

Herman Basbao, who served as spokesman for the seven-member panel, said the government should start intensifying the campaign against loose firearms and private armies as these would take time to be implemented.

“They (government) haven’t acted on many of our recommendations yet. I think they are already studying the recommendations. We hope they will act on it,” Basbao, who represented the media in the commission, told The STAR in a phone interview.

Basbao, also national president of the Kapisanan ng mga Brodkaster ng Pilipinas, cited the need to impose stricter measures against illegal firearms, the enactment of laws against private armies and political dynasties, and tighter control on civilian militias.

“We also have to ensure that the local politicians would not influence the appointment of police officials,” he said.

Basbao said their recommendations were forwarded to then President Gloria Macapagal-Arroyo, who created the commission.

“The Aquino administration should also take these (proposals) into consideration. Everyone, not just Malacañang, should act on them. Politicians should also act since some of our recommendations would require new laws,” he said.

“We understand that it will take time. We understand the processes. We know the issues about private armies. It’s not that easy to address. But we should start now.”

Basbao expressed confidence that their recommendations would not be ignored just because these stemmed from an order of Arroyo, who is not a political ally of Aquino.

The Armed Forces of the Philippines (AFP), on the other hand, gave assurance that the findings of the Zeñarosa Commission are being taken seriously.

“The recommendations submitted by the Zeñarosa Commission that required the AFP’s response were acted upon immediately by the leadership of the armed forces,” AFP spokesman Brig. Gen. Jose Mabanta Jr. said in a text message to The STAR.

“The AFP, in close coordination with the PNP (Philippine National Police), continues to intensify its efforts in dismantling private armed groups and putting behind bars lawless elements,” he added.

Mabanta said the redeployment of forces was carefully planned to address security threats in areas deemed sensitive by the commission.

“Conducts of the checkpoints were intensified particularly during the election periods that resulted in many apprehensions and confiscation of firearms and explosives,” he said.  

Deficiencies in law cited

The Zeñarosa Commission was created last December in the wake of the Maguindanao massacre, said to be the bloodiest poll-related violence in the country.

In a report submitted to Malacañang last May 5, the commission outlined the measures that could address the problem posed by private armies.

The commission, led by retired Court of Appeals justice Monina Arevalo-Zeñarosa, said there are deficiencies in laws and policies on the use and possession of firearms. 

The proliferation of private armies was also linked to the problematic guidelines in the monitoring of civilian volunteer organizations, the vulnerability of the PNP and AFP to local officials who supervise them, and the abuse of the internal revenue allotment, which is being used to support the security personnel of politicians. 

To address these, the commission called for the passage of an Anti-Private Armies Act, which will create courts that will hear and try the cases of partisan armed groups; a law that would create an agency or unit that will monitor the approval of firearms; a bill that would provide stiffer penalties for firearms-related crimes; a law that would give the PNP the sole authority to transfer its personnel and recommend appointees to prevent partisan loyalty; and an Anti-Political Dynasty Law.

The commission also recommended the issuance of an executive order that would institutionalize command responsibility among law enforcement agencies, repeal the authority to possess and license unlimited number of firearms, ban the issuance of firearms to civilian volunteer organizations and provincial security force during elections, and impose stiffer but graduated penalty against anyone who will lose his firearm without any reasonable explanation. 

It also favored the issuance of an administrative order that would suspend the control of local officials who maintain private armies over police units. 

DND still at a loss

Meanwhile, the Department of National Defense (DND) still cannot say who is responsible for giving the Ampatuans state-owned firearms.

Defense department spokesman Eduardo Batac said some of the firearms were issued to Civilian Armed Forces Geographic Units in various areas. He said local governments can request for militias, who will then be given the necessary equipment. 

Batac, however, could not say specifically who allowed the giving of firearms to the Ampatuans, saying this is still being investigated. 

“There are no official reports on that... so we’d rather not speculate on these things,” he said in an interview with radio station dzMM.

“The details of that...we’ll have to look into. Then I’m sure investigation is ongoing with regards any violation, if they uncover any violation.”

The military unearthed over a thousand firearms and over a million ammunitions within the properties of the Ampatuans in Maguindanao after the government declared martial law in the province last year.

Some of the boxes containing the ammunition were marked “DND Arsenal.”

Batac gave assurances that those involved in the pilferage of government weapons would be punished. – Alexis Romero