Gov’t to move for NDF leaders to be arrested again after back channel talks end

July 20, 2017

The government will ask the court to order arrest and detention of leaders and members of the National Democratic Front (NDF) after back channel talks were ended following recent attacks of its armed wing, the New People's Army on soldiers. "OSG (Office of the Solicitor General) will ask the courts to cancel all bail bonds of NDF consultants, order their arrest and recommit them to their detention facilities," Solicitor General Jose Calida said. Calida said his office will ask the Supreme Court and several regional trial courts handling  cases against the communist leaders, including Benito and Wilma Tiamzon, to recall the bail grant given as they served as NDF consultants in the peace talks in Norway last year. Last February, the Department of Justice (DOJ) has issued immigration lookout bulletin order against the 20 NDF leaders. Apart from the Tiamzon couple, covered by the order are Tirso Alcantara, Ma. Concepcion Bocala, Pedro Codaste, Renante Gamara, Alan Jazmines, Ernesto Lorenzo, Ma. Loida Magpatoc, Alfredo Mapano, Ruben Saluta, Adelberto Silva, Ariel Arbitrario, Renato Baleros Sr., Kennedy Bangibang, Jaime Soledad, Rafael Baylosis, Alex Birondo, Winona Birondo and Porferio Tuna. Calida said they will ask the RTCs to re-issue commitment orders on communist leaders who are standing trial for various criminal cases. Last May, President Rodrigo Duterte suspended formal peace talks after both sides failed to resolve a dispute over the Communist Party of the Philippines' order for the NPA to step up attacks against the government. Calida said when the Supreme Court granted bail to them in its resolution in August last year, which was adopted by the RTCs, the SC had set specific conditions. "One of the conditions is that once their participation ceases or the peace negotiations are terminated, their respective bonds shall be deemed automatically canceled," he said. "Since the government has already canceled the backchannel talks, the NDF consultants' provisional liberty automatically ceased hence, they can now be arrested and recommitted to their respective detention facilities," Calida stressed. Edre Olalia, lawyer of the NDF consultants, lamented the development. He said the move of the OSG is "another unfortunate knee-jerk hardball reaction that does not solve but aggravates the situation." Tina Palabay of militant group Karapatan also assailed the government's move. "OSG will be blatantly violating JASIG (Joint Agreement on Safety and Immunity Guarantee) as among the agreements reaffirmed by government if it pushes thru with rearrest of NDF consultants. It is among the ways by which the peace process is continuously undermined by the government," she said in a statement. Calida said NDF leaders cannot invoke the 1995 JASIG, which provided for their immunity from arrest. "Supreme Court decisions form part of the law of the land. Hence, the Resolution dated August 2, 2016 supersedes the defunct 1995 JASIG agreement between the parties, which has become moot and academic," he explained. DMS