RESTORING AND STRENGTHENING CIVILIAN CONTROL: BEST PRACTICES IN CIVIL-MILITARY RELATIONS IN THE PHILIPPINES

    Carolina G. Hernandez, Ph.D
    Maria Cecilia T. Ubarra

    ISDS

    31 December 1999


    Table of Contents


    Executive Summary

    Part One: Civil-Military Relations in the Philippines
      State of Civil-Military Relations
        - Pre-Marcos Administration 1940 - 1964
        - The Rise of Communist Insurgency in the Philippines1965 - 1985
      Civil-Military Relations
        - Marcos Administration 1965-1985
        - Problems at the Military Front
      Collapse of the Marcos Authoritarian Regime

    Part Two: Challenges to Civil-Military Relations in the Transition Period
      Rebuilding and Strengthening Civilian Control Institutions and Mechanisms
        - Instituting Freedom of the Press
        - Judicial Reform
        - Civil Society Empowerment
        - New Constitution
        - Post-Edsa Elections
      Redefining the Military Role: Institutional Separation of the Police from the AFP
      Coups d'Etat: Challenging Political Leadership
      Pervasive Graft and Corruption
        - Graft and Corruption in the Military

    Part Three: Trekking the Path to Peace and Reconciliation
      Davide Fact-Finding Commission
      Confidence-Building Measures and its Outcome
      Concluding Comments
    Part Four: Institutional Programs of the AFP on Military Reform, Reconciliation and Nation-Building
      Profile 1: Redefining the Core Values of the AFP
      Profile 2: The AFP and its Agenda on Human Rights
      Profile 3: Co-ed Military Education and Recruitment at the Philippine Military Academy
      Profile 4: Civil-Military Operations with- Special Focus on unlad-bayan

    Part Five: Best Practices in Civil-Military Relations in the Philippines
      Summary of Best Practices
      Conclusion

    Bibliography


    Executive Summary

    The paper examines the programs, policies and initiatives that had been implemented during the critical transition period from 1986 to 1998 that sought to strengthen civilian control and to effect democratic consolidation. These programs include those formulated and implemented by the national government, the top brass of the AFP, and civilian groups.


    Reform Measures

    Ravaged by coups d'etat and insurgency, the Aquino administration focused on professionalizing the military through institutional change, redefinition of the military's role, enhanced training, and value formation. The paper discusses the investigation of the failed coup of December 1989, the administration's initiative to separate the police and constabulary from the Armed Forces of the Philippines (AFP) and place the former under the control of the Department of Interior and Local Government. This policy resulted in a clearer delineation of roles and responsibilities, separation of command, control, and supervisory mechanisms, and separation of budget allocations between the military and the police.

    Moreover, the paper describes the process by which the military together with civilian organizations redefined the core values of the military. This process resulted in the formulation of the Military Values Education (MILVED) program, the attendance in human rights courses and clearance from the Philippine Commission on Human Rights as a requirement for military promotions and the establishment of the Office of Ethical Standards and Public Accountability. In addition, a legislative initiative requiring all government personnel including those in the military to file a Statement of Assets and Liabilities as an anti-corruption instrument in government is also discussed.

    When the Ramos administration succeeded the Aquino administration, most of the country's democratic institutions have been re-established, reformed or reinvented. The main challenge to the Ramos administration was how to sustain the existence of these institutions in the face armed challenges to the government, of the gargantuan debt problem, the negative growth of the economy, and continuous calamities that ravaged the country. He pursued critically important macro-economic restructuring measures to open up various sectors in the economy, destroy monopolies, and restore investor confidence.

    The Ramos administration also tapped the military as a partner in progress. The paper discusses the role of the Philippine Air Force and Navy in Relief and Disaster Coordination programs and environmental activities, and the implications of the policy of removing the gender bias in military science through the admission of women into the officer corps.


    Best Practices

    Numerous initiatives are being implemented to improve civil-military relations in the Philippines. Between civilian organizations and the military, the latter is more proactive in formulating and implementing confidence-building measures (CBMs).

    Confidence-building measures can be classified into two broad categories: informal and formal. Civilian organizations lean more on informal CBMS that are related to their particular advocacy.

    Meanwhile, the AFP's initiatives can be classified into three categories each having its own target audience. Under the first category are activities that aim to increase public awareness of the AFP's goals and activities. The target audience is the public-at-large.

    The second category is focused on providing direct services to communities. Particular attention is given to communities that were once strongholds of communist insurgents.

    The third category is composed of activities that enhance inter-agency cooperation and coordination. The target audience are other government agencies or institutions.


    Profile of Best Practices

    Profile 1: Redefining the Core Values of the AFP
    Profile 2: The AFP and its Agenda on Human Rights
    Profile 3: Co-ed military education and recruitment at the Philippine Military Academy
    Profile 4: Civil-military operations with special focus on the Unlad-Bayan Program


    Part One: Civil-Military Relations in the Philippines

    In a country trying to achieve democratic consolidation, a careful study of its institutions, which have deliberately breached the principle of civilian supremacy in the past, must be conscientiously attended to. In the case of the Philippines, the military's previous implementations martial rule and other subsequent attempts to usurp civilian political authority is well documented and can serve as a useful case study in democratizing civil-military relations.

    In light of the role played by the Armed Forces of the Philippines (AFP) in the last thirty years of Philippine political history, important considerations must be raised regarding civil-military relations in the Philippines especially as the country strives to strengthen its claim to democratic ideals and institutions. For example, how is the AFP adjusting to the re-democratization of Philippine institutions? What roles does the military seek to play in the building of a democratic and globally-competitive society? How has the government and civil society responded to the legitimate concerns of the military?

    This paper examines the programs, policies and initiatives which were implemented during the critical transition years from 1986 to 1998 in order to strengthen civilian control and to achieve democratic consolidation. These programs include those formulated by the national government, the top brass of the AFP, and civilian groups. In addition, the paper documents the best practices in restoring confidence between government and civil society on the one hand, and the military, on the other.


    I. State of Civil-Military Relations: 1940 - 1964

    Pre-Marcos Administration

    From its inception in 1936 to the 1940s the task of the AFP was confined to defending the country from external threats, providing for internal defense, and promoting peace and order. US military presence in the bases in the Philippines as well as the Mutual Defense Treaty between the United States and the Philippines tended to de-emphasize the task of external defense in the mission of the AFP. The rise of the communist insurgency placed the responsibility for internal defense at the top of AFP's mission. Certain sociopolitical factors led to the military's assumption of socioeconomic functions beginning in the early 1950s. These duties expanded into other roles, especially political ones by the time of the imposition of martial law in 1972.

    During the whole pre-Marcos era, the AFP was subordinated to the civilian political authority because the Commander-in-Chief of the military was also the elected President of the Republic. Control powers over the military by the executive branch were shared with the legislature through power over the budget, appointments and promotion of ranking military officers, and investigation of cases including those involving military and defense matters.

    Political parties, an independent judiciary, a free and vibrant press, and an active civil society helped ensure civilian oversight, together with the emphasis on civilian supremacy over the military in civilian and military educational institutions. Socialization in this ethos among military officers was also attained through military schooling in US military academies and colleges, in addition to other training schools.


    The Rise of Communist Insurgency in the Philippines

    The main factor that catalyzed the role expansion of the military is the rise of the Hukbalahap (Huks), an agrarian-based and Soviet-influenced insurgency, which threatened to destabilize the government and hinder development in the countryside. Having lost faith in the government and the electoral process, the Huks escalated their armed struggle under the slogan of "bullets not ballots".
    1

    The AFP was tasked to implement the government's counterinsurgency strategy which was not only confined to armed combat but extended through a combination of political, socioeconomic, and military activities that initiated an expanded role for the military beyond its traditional functions of external and internal defense, and the maintenance of peace and order. The appointment of active duty military officers to civilian positions dealing with counterinsurgency operations began with the appointment of with Ramon Magsaysay as Defense Secretary, and later as President.

    For more than two decades, from 1950 to 1971, various Commanders-in-Chief with the exception of President Diosdado Macapagal, utilized similar strategies to neutralize the peoples' support and sympathy for the Huks. Programs conducted using these strategies include the counter-insurgency program (COIN) under Magsaysay and the Socio-Economic Military Program (SEMP) under President Carlos Garcia.2

    Under the COIN Program, the AFP performed an array of socioeconomic activities to win the hearts and minds of the local population. These activities include the construction of roads, bridges, irrigation systems, ditches, and school buildings. The AFP also provided free dental, medical, and legal services to residents in the rural areas. In addition, the program included the Economic Development Corps (EDCOR) project which resettled and provided land for communist rebels who surrendered to the government in public lands located in various parts of the country.

    On the other hand, the SEMP utilized military personnel for land resettlement, rural development, food production, and public works construction. A number of SEMP settlements were established in Mindanao, Luzon, and Panay islands.

    Unlike Magsaysay and Garcia, Diosdado Macapagal strongly believed that the military should not be involved in civic programs because this practice encouraged officers to engage in politics. He sent the military back to the barracks and relegated their role to external defense. Macapagal was fortunate because the communist insurgency abated from the early 1950s through his term of office (1960-1964) that lasted until the insurgency's resurgence after the imposition of martial law in 1972.

    Throughout these changes in leadership, the AFP was completely subordinated to the civilian political institutions and it conformed to the principle of civilian supremacy. Since the President was the Commander-in-Chief, he enjoyed considerable control powers over the military. Congress continued to exercise effective control over the military through its constitutional powers over the defense budget and the promotion and assignment of senior officers.


    II. Civil-Military Relations: 1965 - 1985

    Marcos Administration

    After President Ferdinand Marcos assumed office on December 31, 1965, he made the AFP an integral component of his economic development program.
    3 He rationalized his decision to utilize military resources for development projects, stating that economic development was the permanent solution to internal security threats. With Marcos's backing, the AFP was recalled from the barracks and sent to the countryside to embark on a socioeconomic program of unprecedented scale under the banner of "civic action".

    Meanwhile, the Huk movement had collapsed by 1954 with only small groups remaining, some of which turned to criminal activities for survival. In the late 1960s, however, a faction of the remaining Huks committed to the political goals of the movement linked up with a faction of the old Philippine Communist Party members composed mostly of young professors and students of the University of the Philippines. This alliance gave rise to the Communist Party of the Philippines and its armed wing, the New People's Army (CPP/NPA). This new communist movement soon engaged the AFP and became the only remaining communist insurgency in Southeast Asia until the end of the 20th century.

    In the Southern Philippines, the Mindanao Independence Movement that originally straddled ethno-linguistic and religious lines and stemmed from grievances of social inequity against Manila gave rise to a distinct Moro-based armed separatist movement with the imposition of martial law. The Moro National Liberation Front (MNLF) became the focal point of this movement led, like the new CPP, by a professor at the University of the Philippines (Nur Misuari).

    On September 21, 1972, Marcos placed the country under martial law, a decision he reached in consultation with his "Twelve Disciples", eleven of whom were high ranking military and defense officials.4 During this period, military ascendance grew at an unprecedented pace and scale. Soon after the declaration of martial law, Congress was abolished, mass activities were prohibited, political parties were disbanded and outlawed, and civil and political rights were suspended.

    The judiciary was stocked with judges loyal to Marcos while the Supreme Court Justices were required to hand in undated letters of resignation. Marcos's control effectively ended judicial independence made possible in the past partly through security of tenure. Local government units were placed under the control of local executives who were loyal to the President. Moreover, newspaper publications were ordered closed and curfew was strictly implemented.

    With other political and government institutions decimated or constrained, the military was the only institution left to assist the President " to save the Republic and protect the democratic traditions cherished by Filipinos". The military became a partner of the government in implementing martial law and managing the authoritarian regime that followed it.

    During the years of martial law, active military men were appointed to civilian positions and performed many civil functions. These functions include: trying cases involving both military and civilians, manning elections, sitting as directors in private and public business corporations, managing media communications and public utilities, and acting as governors in places known to be strongholds of the insurgents. Military personnel were designated either as representatives of Marcos or military supervisors of certain offices such as the Board of Transportation, Land Transportation Commission, the Philippine Coconut Authority and the Philippine Sugar Commission.5 Military officials were appointed to the diplomatic service in increasing numbers.

    Aside from performing these civilian functions, the AFP continued its internal security functions and civic action outside the capital. This practice resulted in an enhancement of AFP's political clout and the perpetration of their power over most aspects of civilian life from 1972 to 1986. Civilian control through political institutions was replaced in this period with Presidential control, a development that would not facilitate the transition to democratic civilian control until 1986.

    The NPA insurgency grew substantially during the Marcos regime. Although the size of the military increased through mass enlistment, its role was also expanded to the point that the consequences of spreading themselves thinly took its toll on its fight against the communist movement and armed Muslim secessionism. Aside from mass enlistment, men were transferred from desk jobs to armed combat. These moves were made worse by the soldier's lack of adequate training, equipment, and technical support. Disastrous results occurred because troops fought against insurgents seasoned in guerilla warfare. With the breakdown of discipline, human rights violations increased, and demoralization set in as the military failed to secure mass support and suppress the insurgency despite its size.


    Problems at the Military Front

    During martial law, Marcos coddled his favorites in the military. Promotions continued to be his sole prerogative and loyalty became the primary criterion. Well-connected officers were able to place their people in important and lucrative positions. Consequently, some officers were retired at a fairly young age and at fairly lower ranks. A number of officers were promoted over more senior and qualified candidates. These promotions include that of an officer who was personally loyal to Marcos but widely perceived as inferior in professional qualifications to the other candidate, General Fidel V. Ramos, to the position of Chief of Staff of the AFP. A breakdown in the merit system and demoralization among the officer corps became inevitable. This situation generated momentum for subsequent military plots against the government.

    This situation was further aggravated by government mismanagement of the economy and the rise of "crony" capitalism. Graft and corruption exacerbated the poverty problem, especially in the rural areas. Unable to achieve genuine development in the countryside, NPA recruitment intensified and its cause gained popular support.


    III. The Collapse of the Marcos Authoritarian Regime

    The events that brought the collapse of Marcos' authoritarian regime came in swift succession although triggered by the assassination in August 1983 of Benigno "Ninoy" Aquino, Jr., Marcos' staunchest critic and the most popular of the opposition figures. Aquino's assassination marked the turning point for those disenchanted with the Marcos authoritarian regime. The upper and middle classes joined the underclass in the opposition to the regime.

    In 1986, the snap presidential elections called by Marcos to generate a fresh mandate and shore up his regime ended in the collapse of the regime and the ouster of Marcos. Aquino's widow, Corazon or Cory as she is popularly known, led the opposition in contesting the elections which Marcos tried to steal through fraud and violence. While millions of Filipinos stood their ground, a military conspiracy to oust Marcos and arrest the opposition was uncovered by the government. In order to save themselves from certain arrest and detention, the military rebels led by Col. Gregorio (Gringo) Honasan and the Defense Secretary, with General Ramos (then the Vice Chief of Staff) as a late and rather hesitant recruit, defected from the government and declared their support for Cory.

    Millions of Filipinos poured into the streets to protest the officially declared results of the presidential snap elections that declared Marcos the winner and to lend support to the breakaway military faction. The people power revolt on EDSA in February 1986 is said to have inspired the ouster of authoritarian governments and the advent of democratization in the rest of the world, including in Poland, South Korea, Taiwan, and Pakistan in the late 1980s. With the ouster of Marcos, Corazon Aquino was installed as the new president.


    Part Two: Challenges to Civil-Military Relations in the Transition Period

    As the newly installed president, Corazon Aquino was fully aware of the "colossal mandate" that she inherited.
    6 In her first State of the Nation address, she described her situation "as the president of a country that had lost everything but honor".7 Production had contracted by 11%, twelve percent of the labor force was unemployed, 5 million families lived below the poverty line, growth rate was negative 5%, foreign debt had ballooned to $28 billion, many financial institutions were bankrupt, the civil service was weak and corrupted, the military was wary and divided. In addition, Aquino had to contend with a volatile communist insurgency and the Moro movement.

    Included in her colossal mandate was the urgent task of overhauling or rebuilding institutions that were either destroyed or weakened by the authoritarian regime such as the Congress, the judiciary, political parties, civic organizations, and the media.


    I. Rebuilding and Strengthening Civilian Control Institutions and Mechanisms

    Instituting Freedom of the Press

    The first civil rights that were restored by the Aquino administration included press freedom in particular, and the right to free expression. During 14 years of dictatorial rule, Filipinos were deprived of their right to free expression. The military raided newspapers critical of the Marcos regime. Broadcast stations were also seized and controlled by the Office of the President. Furthermore, journalists were jailed, forced to resign, or killed under mysterious circumstances. Private homes were not safe from intrusion either. Marcos used hundreds of his loyalists to spy on homes and monitor conversations of people critical of his administration.

    Aquino changed all of this by instituting openness and transparency in government information, lifting the constraints on media including censorship, and pursuing the privatization of media facilities.

    The main challenge to the administration was how to re-tool and streamline the bloated government media structure whose activities were anomalous to if not anathema to a democracy. The government addressed this problem by abolishing the principal media offices run by government, namely the Office of Media Affairs and the National Media Production Center.
    8 In their place, the Office of the Press Secretary (OPS) was established. The primary task of the OPS is to promote the free flow of accurate, timely and relevant information to and from the people. Beyond this task, the OPS sought to increase the people's understanding of government policies and programs in order to obtain public support.

    The work of the OPS was important because it served as an example of the administration's commitment to the free and unhampered flow of information. The administration demonstrated its commitment by providing facilities for reporters in Malacañang Palace, making open and available the schedule and activities of the President, facilitating the coverage of the President and her cabinet's activities, and actively building a relationship based on respect with the press.

    Furthermore, the remaining government news bureaus were merged or made independent.


    Judicial Reform

    Aquino also sought to revive the judiciary's integrity and independence. She called for the resignation of Marcos appointees from the Supreme Court, the Intermediate Appellate Courts, and the local Courts of First Instance. She appointed Justice Claudio Teehankee, the most senior justice and who by tradition should have been Chief Justice under Marcos but was bypassed, and who was also well-respected by his peers, to become the new chief justice and to lead the reorganization and transformation of the judiciary.
    9

    A select committee was formed to assess the qualifications and fitness of the members of the lower courts and of the applicants and recommendees for the vacated positions. The Committee formulated guidelines for the conduct of the sessions and for the screening of incumbent justices and judges, applicants, and recommendees for positions in the bench.

    These guidelines established uniform criteria that seek to ensure objectivity and fair play in the evaluation of qualifications and performance. As in the case of non-judicial personnel, judicial reorganization was pursued with the same standard of impartiality and fairness. This reorganization enabled for the unprecedented appointment of a large group of qualified individuals to the judiciary.

    The Department of Justice and its agencies were also reorganized. Its personnel were assessed based on educational qualifications, experience, ethical conduct, and integrity.10 The process was conducted by a task force headed by the Justice Secretary and lawyers from human rights groups such as the MABINI and BONIFACIO. In addition, members of the Philippine Bar Association served as resource persons.


    Civil Society Empowerment

    Social organizations engaged in development work constitute most of civil society in the Philippines. Tracing their roots from volunteer groups working alongside American welfare agencies during the American colonial period, the civil society movement in the Philippines was forced to go underground during the martial law period. On the eve of the debates on whether to participate or not in the February 1986 snap elections, non-government organizations (NGOs) and peoples organizations (POs), except those identified with the CPP/NPA, threw their support behind Aquino's candidacy. These organizations played a crucial role in organizing and mobilizing the popular forces before and during the popular revolt following the elections.

    As a consequence of civil society's role in bringing down the authoritarian regime, various socially progressive laws were enacted in Congress to establish provisions in the Constitution affirming the role of civil society in nation building. The enactment of the Local Government Code, the Urban Development and Housing Act, and the Women in Development and Nation Building Act are just some examples of laws that empowered these organizations.

    Moreover, Aquino formed the KABISIG movement, a partnership between non-government organizations and the government, to address the issue of poverty and empowerment of communities through joint efforts of government and NGOs. KABISIG is an acronym for kapit-bisig which is a Filipino term for " arms linked together". KABISIG was more than just a program; Aquino utilized the movement to bring about national unity and solidarity and in particular, to provide a venue for confidence building between the military and civilian groups in and out of government.

    Through KABISIG projects, soldiers and civil society groups, which used to face each other across the barricades set up by the military to secure the Marcos government, came to know each other and work together in nation building efforts. Official development assistance (ODA) funds - which increased dramatically due to the international community's goodwill to Aquino - were channeled to the NGO sector to fund projects that complemented the government's priorities. One particular project is the school building program that was funded by the government but implemented by the NGOs.
    11


    New Constitution

    Taking advantage of the power earned by the people's mandate, Aquino further set out to put the Philippine house in order by laying the groundwork for the drafting of a new constitution. She appointed a Constitutional Commission of 50 distinguished citizens to draft a new constitution that would be ratified through a national plebiscite. On February 2, 1987, an overwhelming 90% of the voting population participated in the nationwide plebiscite, 76.30% of whom voted for the ratification of the Constitution.
    12

    The 1987 Constitution continued the process of democratic institution-building. The constitution re-affirmed the Bill of Rights, set limits on the emergency powers of the president, prohibited political dynasties by setting rules on terms of office and re-election, reasserted and secured civilian supremacy over the military, recognized women's role in nation-building, guaranteed respect for human rights, and promoted political empowerment of the people.

    In addition to establishing these principles, the ratification of the Constitution validated Aquino's assumption of power that until then had been contested by the Marcos loyalists and the rebellious military faction that became sidelined soon after her installation in office. These opponents of Aquino equated the issue of the Constitution's ratification by declaring that within the framework of political legitimacy " a vote for the Constitution is a vote for Cory and a vote against it is a vote against Cory". Within this context, the overwhelming vote to ratify the Constitution served a legitimizing function for the Aquino presidency.


    Post-Edsa Elections

    With a widely supported constitution accompanied by sweeping judicial reforms, electing the Congress was the final step in institutionalizing the structures of formal democratic rule. The elections of the country's 8th Congress took place on May 11, 1987. Commission on Elections (COMELEC) Chair Hilario G. Davide,Jr. regarded the congressional elections as "an unqualified success and a triumph of the democratic system ingrained in the 1987 Constitution".
    13

    Since then, ten other elections had taken place. The most important election was the national election that allowed for the peaceful transfer of power from Aquino to her successor. Fidel V. Ramos, Aquino's preferred candidate, won in the 1992 elections thus, ensuring the continuation of Aquino's political and economic reform programs. The election was a crucial step in democratization that contributed much to lending political and economic stability to the country. In May 1998, another national election led to the second democratic transfer of power from Ramos to Joseph E. Estrada. Table 1 presents a tally of voter turn out per electoral exercise from 1986 to 1998.

    Table 1: Voter Turn-out by Date and Type of Electoral Exercise From 1988 to 1998

    ELECTORAL EXERCISES

    No. of Precincts

    Total Registered Voters

    No. of Voters who actually
    Voted

    Voter
    Turn-out

     

    DATE

    TYPE

    1

    Feb. 7, 1986

    Presidential and Vice-Presidential
    Special Elections

    85,688

    26,278,744

    20,716,075

    78.83%

    2

    May 11, 1987

    Congressional Elections

    101,410

    26,569,539

    22,739,995

    85.59%

    3

    Jan. 18, 1988

    Local Elections set-up the local government

    103,464

    27,625,062

    21,797,365

    78.90%

    4

    Mar. 28, 1989

    Barangay Polls established the village government

    104,415

    27,938,065

    18,855,929

    67.49%

    5

    May 11, 1992

    Synchronized National and Local Elections; elected the president/vice-president for the first time under the 1987 Charter. It also elected the 9th Congress and local government officials

    169,935

    32,141,079

    24,254,954

    75.46%

    6

    Dec. 4, 1992

    Sangguniang Kabataan (Youth Council) elections

    39,762

    4,180,479

    3,227,329

    77.20%

    7

    May 9, 1994

    Barangay Elections

    -

    35,004,502

    22,668,696

    64.76%

    8

    May 8, 1995

    Congressional polls elected the 10th Congress

    169,863

    36,415,154

    25,736,505

    70.68%

    9

    May 12, 1997

    Barangay Elections

    101,685

    37,736,792

    24,073,966

    63.79%

    10

    May 11, 1998

    Synchronized National and Local Elections; elected the president,vice-president,Congress, and local government officials

    173,077

    33,873,665

    29,285,775

    86.46%

    Source: Commission on Elections, Records and Statistics Division



    II. Redefining the Military Role

    In addition to the rebuilding of civilian political institutions, the Aquino administration looked into the reorganization of the widely polarized and unstable military institution. During the drafting of the Constitution, there was a very strong public outcry to redefine the military's role in a way that would prevent the repetition of events leading to martial law. In addition, civil society organizations called for a clear delineation of military and police functions. In the years following the ratification of the 1987 Philippine Constitution, these civil society organizations, with members representing the academe, human rights organizations, church-based organizations and peoples organizations, served as partners in reforming the military and as watch-dogs against military adventurism.

    Civil society organizations became the military's ally in terms of instituting value reformation within the different service units. These groups participated in consultation workshops which drafted new programs and procedures in order to increase the military's accountability. At the same time, human rights groups and church-based organizations ensured that the military follows the international conventions on rules of engagement and human rights accords. Section 4 of this report discusses this partnership in more detail.


    Constitutional Provisions on Military Reform

    A logical starting point for this reformation is the 1987 Philippine Constitution which establishes clear boundaries with regard to civilian supremacy over the military. Section 3 Article II of the Declaration of Principles and State Policies states that:

    Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the national territory.
    Another provision contained in Article VII, Section 18 ensures that a repetition of the martial law years will not be so easily implemented. This provision makes it hard for the President (Commander-in-Chief) to declare martial law indefinitely. Within forty-eight (48) hours of the declaration, the President is required to submit a report in person or in writing to the Congress. In turn, the Congress can revoke such a declaration that subsequently, cannot be overturned by the President. Furthermore, the Constitution rules that:

    ". . .a state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilian where civil courts are able to function, nor automatically suspend the privilege of the writ (of habeas corpus)".
    With the exception of voting, the military's participation is limited by constitutional provisions which prohibit the military from running for public office, campaigning for a particular candidate, permitting themselves to be used by politicians to obtain votes, or undertaking any activity for any other political purposes.

    In order to further define the role of the military, another constitutional provision called for the separation of the police, a civilian agency, from the military's administrative supervision and control. This provision provided a better balance of forces between the military and the civilian sectors of government and promoted efficiency in instilling peace and order.


    Institutional Separation of the Police from the AFP

    During the 15 plus years since its formation, elements of the Integrated National Police (INP) became "militarized", especially after they were formally merged with the Philippine Constabulary (PC) in 1976.14 The PC at that time was one of the major service commands of the AFP. Prior to the merger, local chief executives in the cities, municipalities, and provinces exercised control and supervision over the police forces. Under his control as Commander-In-Chief, Marcos sought to centralize all armed units of the government by integrating the police forces and putting them under the control of the chief of the PC.

    This merger resulted in the INP losing its "civilian" character and mindset in addressing peace and order issues. Being under the command of a Director-General who was also the Chief of the PC put the INP under the administrative supervision and control of the Department of National Defense (DND), together with the four major commands of the AFP (army, navy, air force, and constabulary). The INP became identified with military operations and was lumped with the AFP in allegations of human rights abuses during the Marcos years.

    The public's preference to separate the police from military jurisdiction was addressed with the inclusion of Article XVI, Section 6 in the 1987 Constitution:

    " The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of local executives over the police units in their jurisdiction shall be provided by law."
    The government operationalized this constitutional provision with the enactment of Republic Act 6975, otherwise known as the Department of the Interior and Local Government Act in 1990. President Aquino regarded this measure as "the last step in eliminating the remaining vestiges of the past authoritarian regime." 15

    Republic Act 6975 provides for the reorganization of the Department of Local Government (DLG) into the new Department of the Interior and Local Government (DILG). Under the new set-up, the DILG is to be composed of the following bureaus: Local Government, Local Government Academy, National Police Commission (NAPOLCOM), Philippine National Police, Bureau of Fire Protection, Bureau of Jail Management and Penology, and the Philippine Public Safety College.16

    The same law outlines the process by which the Philippine Constabulary and the Integrated National Police were to become members of the new Philippine National Police.

    With the separation of the national police from the military, the roles and jurisdiction of both forces were redefined. Under Republic Act 6975, the PNP would absorb the functions of the PC, the INP, and the Narcotics Command, including the police functions of the Coast Guard under the administrative control of the NAPOLCOM. The PNP assumed from the AFP the primary role of preserving internal security including the suppression of insurgency (after a period of transition), leaving to the AFP its primary role of preserving external security. However, the AFP, upon the recommendation of the Peace and Order Council, assumed the primary role in situations of serious threats to internal security and the PNP playing a supportive role in the area of concern.

    Due to the serious nature of the communist insurgency and Moro separatist movement, the AFP remained in charge of fighting these two groups. They continue to be heavily armed and in the case of Moro separatism under the Moro Islamic Liberation Front (MILF), to receive foreign assistance, especially from Islamic fundamentalist groups. This situation warranted the continuing front- line function of the military in counter-insurgency operations.


    III. Coups d'Etat: Challenging Political Leadership

    Ironically, the same phenomenon that catapulted Aquino to her position also sought to topple her. With the usual three-month honeymoon period just barely over, Aquino faced one of the toughest tests of her leadership in July 1986, when a group of armed military men and supporters of the ousted Marcos occupied the Manila Hotel and declared it the temporary seat of government. Some 490 military personnel and 5,000 Marcos loyalists witnessed Marcos' vice-presidential running mate, Arturo Tolentino, take his "oath of office" as acting president on behalf of Marcos who had been exiled in Hawaii.
    17

    This attempt was only the first of seven coup attempts that the Aquino regime survived over a three-year period. These coup attempts were launched either by the Marcos loyalist forces (or ALTAS), or by the military break-away faction led by Honasan and a new group of nationalist young officers called the YOU (Young Officers Union).

    In the report of the Fact-Finding Commission tasked to investigate the last (December 1989) coup attempt against the Aquino government, the investigation determined that military dissatisfaction stemmed from several factors. Some problems were internal to military operation such as inadequate pay and benefits, insufficient logistical services and supplies to soldiers in the field, favoritism in promotions and assignments, and discriminatory treatment in the case of Marcos loyalists. On the other hand, the grievances against the government focused on many issues including of graft and corruption, failure of the government to deliver basic services to the people, bureaucratic inefficiency, absence of genuine reconciliation, uneven treatment of human rights violations among soldiers and insurgents, and the dissimilar strategy (of the civilian government and the military) in solving the insurgency problem. While non-government organizations labeled the military's policies in fighting the insurgents as too tough, some groups in the military believed that these policies were too soft. The military attributed the perceived "soft-approach" of Aquino to the presence of so-called left-leaning officials in her Cabinet and their alleged anti-military biases.

    As already noted, there were at least three military rebel groups that tried to wrest power away from Aquino. These groups were:

    • The Rebolusyonaryong Alyansang Makabayan or RAM (the break away faction in February 1986) had about 500 active members. A majority of them were trained in the country's only military academy whose alumni had inordinate high self-esteem. They belonged to the Classes of 1971 to 1973, and 1981 to 1988. These individuals belong to the young elite faction in the AFP that had long grown disenchanted with what they claimed as patronage and unprofessionalism in the military particularly during the Marcos period.18

    • The Alyansang Tapat sa Sambayanan (ALTAS) was a group formed to represent members of the military and civilian rebels loyal to Marcos. Leading ALTAS members were, at one time or another, linked with the Presidential Security Command of Marcos and/or the National Intelligence and Security Agency (NISA) under Gen. Fabian Ver.19

    • The Young Officers Union (YOU), which was formally launched on August 8, 1988 by some AFP/INP lieutenants and captains who met at Camp Aguinaldo to explore common problem areas and grievances besetting the defense and law enforcement agencies in relation to the overall national situation. The Fact-Finding Commission concluded that YOU could be a splinter group from RAM, and was "an attempt to distance young generation of officers from their elders, many of whom have been tainted by close association with powerful politicians in the previous regime".20

    There are indications that the plots by RAM against the Aquino government were supported by leading opposition politicians, particularly Enrile, but the refusal of high ranking military and defense officials to give formal testimony prevented the agencies of the government in charge of prosecuting these cases from pursuing them in court. At any rate, none of these plots succeeded due to the support for the Constitution and for Aquino of the AFP's key officers and units. The coup plotters also did not enjoy public support even as Aquino's popular support declined.


    IV. Pervasive Graft and Corruption

    In some of the most critical junctures during her leadership, Aquino's legitimacy and hold on power remained steadfast due to popular perception of her sincerity and integrity. In fact, her moral ascendancy was a major deciding factor for the opposition to field her as its sole challenger to Ferdinand Marcos in the 1986 snap presidential elections. Aquino was well aware of the people's goodwill and used this as a linchpin to re-establish democratic institutions and reinvigorate democratic processes in the country.

    In spite of Aquino's unquestioned moral ascendancy and leadership by example, graft and corruption remained unabated. In 1988, the Philippines ranked third after China and Indonesia in graft and corruption according to a comparative country risk survey conducted by the Political and Economic Risk Consultancy, Ltd.
    21 For the next few years, the Philippines stayed in that list and reaped its negative consequences, especially in terms of foreign investments and economic growth.


    Graft and Corruption in the Military

    The military was not exempt from graft and corruption. As an institution, graft and corruption had long taken roots in the military. Corruption was nurtured by the long years of political patronage that slowly eroded the moral foundation of the organization.

    Graft and corruption in the military exists in different degrees. This corruption may be as negligible as siphoning petroleum from military vehicles for private consumption to illegal logging or gun-smuggling activities. Military officers involved in the coups d'etat testified to its prevalence.
    22 Corruption exists in the form of over-pricing of military uniforms and supplies, "conversion deals", and lending money at usurious rates. Conversion deals are those involving the creation of artificial allocations in the budget for the purpose of circumventing the rules and regulations of the Commission on Audit.23 Soldiers themselves were affected by lack of transparency in the administration of soldiers' benefits.

    Consequently, the claims of rebel soldiers against graft and corruption in the civilian government could not carry much moral authority because of the involvement of their own officers in these practices. The Fact-Finding Commission in fact, not only documented the involvement of key military rebel officers in the above-cited graft and corrupt practices, but also in illegal mining, illegal logging, and in operating illegal numbers games. Some of the proceeds of these illegal activities were most likely used to fund the plots against the Aquino government.

    Many analysts believe that military and police officers may be involved in the operations of crime syndicates either as principals or protectors. Thus, public perceptions of both the military and the police leave much to be desired. These perceptions could have worked in favor of civilian supremacy in the sense that the poor public perception of the military has facilitated the lack of popular support for military plots against the civilian government.

    The acknowledgment of the prevalence of graft and corruption within the different services of the Armed Forces of the Philippines resulted in major discussions within the different branches and consultation with civil society organizations regarding methods of instituting reform in the military. As a result of these discussions, processes were overhauled, additional military offices to act as watchdogs and instill value reformation were created, investigations were conducted and proper sanctions were meted on court-martialed military personnel and officers. Section 4 of this report discusses, in more detail, the other strategies that were adopted to combat graft and corruption in the military.


    Part Three: Trekking the Path to Peace and Reconciliation

    "A society becomes great not by the victories of its factions over each other but by its reconciliations."24
    In recognition of the valid issues of concern brought to the table during the peace negotiations by the different military rebel groups, as well as those articulated by civilian organizations, military reform remained high in the agenda of both the Aquino and Ramos administrations.

    During her administration, Aquino initiated specific policy initiatives which enhanced military privileges, including increases in pay; the removal from the cabinet of officials perceived as left-leaning or hostile to the military; the careful management of the issue of prosecuting military officers and personnel accused of human rights violations; and a military-preferred approach in fighting the communist insurgents and Moro separatists.25

    Likewise, she directed the AFP to initiate its own internal consultations and discussion on how the AFP ought to be reformed. The inputs to these consultations and corresponding responses of the government and the AFP will be discussed more extensively in subsequent sections of this paper.

    While governance and military reforms were being conducted, Aquino christened the military as the "New Armed Forces of the Philippines". The renaming of the military wiped the slate clean and disassociated it from its role and image under Marcos.

    Performance and merit systems and uniform standard criteria for promotions and assignments were strictly implemented. Senior AFP officials being considered for key assignments and promotion to flag rank were made to undergo a stringent process that included a personal interview of the officer and his wife by the Commander-in-Chief.

    In recognition of his heroism in the EDSA revolt, General Ramos became Chief of Staff of the AFP under Aquino. As Chief of Staff and subsequently, Secretary of National Defense, he led loyal forces of the AFP in putting down succeeding coup attempts of the RAM and its Marcos loyalist allies. In addition to Ramos, more than 1,500 AFP officers were promoted to various ranks in the course of Aquino's term in office.26

    One of the most serious complaints against Marcos by military officers was the extension of the term of office of loyal officers. This practice known as "overstaying" clogged the military promotion channel, depriving deserving officers from ascending the military ladder. In 1990, 19 overstaying generals were retired. Their retirement by Aquino cleared the way for the promotion of younger officers whose rise up the ranks had been previously blocked in the top-heavy military organization. In the process of retiring these generals, the AFP dropped the old policy of retiring its officers upon reaching the age of 58 or the completion of 30 years of service, whichever came later. Under the new policy, any officer who reaches the age of 58 will be retired even if he had not yet served the full 30 years.27 One senior AFP officer jokingly remarked that the move to base promotions on merit was much better than the Marcos "point system" where somebody merely pointed to someone and said "You're now a general" and the person became a general.

    In addition, the commanding officer's disciplinary powers were broadened, and stiffer penalties were introduced to deter violations. More important than punitive measures, however, was the teaching of desirable attributes of soldiery through intensified value formation and training programs. These programs reinforced in the soldier love of country and a sense of patriotism, respect for the Constitution and the rule of law, and loyalty to the chain of command.

    The morale and welfare of the soldier were boosted with the pay increase under Republic Act 6638 in 1989, placing the soldiers' pay at par with those of other public servants. Previously, Aquino approved an average 114% military pay increase in December 1987. Ordinary soldiers received the biggest raise and master sergeants received nearly a 200% increase on their P805 monthly salary.28

    Other enhancement benefits included better health care, especially for battle casualties, and improved housing for enlisted personnel.


    I. Davide Fact-Finding Commission

    One of the most sincere indications of Aquino's commitment to peace and reconciliation was her creation of the Presidential Fact-Finding Commission that was later reorganized as an independent commission by a law enacted in Congress.

    On December 6, 1989, the sixth day of the failed December coup, Aquino issued Administrative Order no. 146 creating a Presidential Fact-Finding Commission.
    29 Early on, the Commission faced several constraints and issues. The Commission's powers were insufficient to enable it to satisfactorily perform its tasks. Moreover, the validity of its creation was questioned by some officer-witnesses who refused to testify before the Commission's members. To resolve these issues, the President certified a priority bill to Congress granting the Commission a statutory basis and investing it with additional powers.

    Due to its urgent nature, the bill was passed by Congress in a special session. Republic Act 6832 strengthened the Presidential Commission by changing its status to an independent Fact-Finding Commission. The bill directed the Commission to investigate all the facts and circumstances of the failed coup d'etat of December 1989, and to recommend measures to prevent the occurrence in the future of similar attempts at a violent seizure of power.

    The final report of the Commission was serialized in major newspapers and published in book form. This report is regarded as one of the most authoritative and comprehensive references in understanding the military as an institution and the challenges of democratic transition in the Philippines. Members of the Commission appeared in public affairs programs both on radio and TV to publicize its work and its findings on a regular basis. Serializing the commission's findings was another strategy used by the government to promote transparency and achieve genuine reconciliation. Once the people were provided objective information, they were able to decide better on the issue. At the same time, immoderate and unwarranted public empathy raised by the military rebel groups was neutralized.

    The Commission made three sets of recommendations to prevent the occurrence of future coups. These recommendations are (1) "Damage Control" and Short-Term Prescriptions to address the Immediate Problem of Preventing Another Coup Attempt; (2) An Agenda for the Remaining Twenty-One Months of the Aquino Administration; and (3) Recommendations over the Long-Term.30 The Commission's recommendations allocated tasks for relevant sectors of the government, the military and the citizenry. The Commission believes that the subordination of the military to civilian authority is a function of an effective government that performs well and treats its military in an appropriate manner. The subordination of the military to civilian authority also serves as a function of a professional military organization and a patriotic citizenry.

    Table 2: Recommendation of the Fact-Finding Commission that Investigated the Failed Coup of December 1989

    Damage Control and Short-Term Prescriptions

    Agenda for the Remaining twenty-one Months of the Aquino Administration

    Long-Term

    Justice and Rehabilitation program

    On the part of the Executive Department, a review of key policies and programs in the light results, an acceptance of shortcomings where these exist, and a performance review of appointive officials.

    Love of country as the Highest value.

    Strengthening of security measures for those under detention, especially where there may be sympathetic guards.

    On the part of the President, a categorical declaration of her position with respect to the issue of re-election.

    Social Justice

    Intensification of efforts to capture key renegade soldiers with a special unit of trusted officers directly responsible to the CSAFP.

    On the part of the President, the immediate convening of the National Security Council and an initiative to invite all political parties to enter into a compact, to which peoples organization and citizen groups would also subscribe, to defend and preserve our democracy, abiure the use of force and violence to effect change, commit to the holding of free, orderly, honest, peaceful, and credible elections in 1992, and arrive at solutions to our national problems through an honest and open debate of issues and programs;

    Citizen Army

    Reinvestigation of the "God Save the Queen" plot and prosecution of all those implicated in it.

    On the part of the political opposition, a positive response to call for a united front against unconstitutional means to change the government and for upholding democratic processes

    Decentralization.

    A review of the subsequent actions of those involved in the Manila Hotel incident, both military and civilian, who pledged never to engage in similar adventurism again, if spared from prosecution.

    On the part of the Legislative Department and the President, the establishment of a special full-time commission to implement a post-insurgency program for the military that will modernize, professionalize, and bring it within the mainstream of national life

    The Constitution.

    An intensive follow-up investigation by government police agencies and the Justice Department of civilians implicated in the December 1989 attempt

    On the part of the legislative Department, the immediate enactment of laws to ensure the democratization of the electoral process and the validity and public acceptance of its results, with particular reference to the critical 1992 synchronized election.

    Choosing Democracy

    Speedy action on appeals regarding decisions of AFP courts-martial.

    The supremacy of the civilian authority over the military should be established by the appointment, as soon as practicable, of civilian with the capability, integrity, and leadership to head the Department of National Defense, the National Security Council (NSC), and the National Intelligence Coordinating Agency (NICA). The NICA should have its own intelligence capability that can complement as well as validate military intelligence information.

     

    The early passage of a comprehensive law on the establishment of the National Police.

    The President and the Commission on Appointment must work out a system by which recommendations for promotions can be categorized in practice to avoid the exploitation of the confirmation process for political purpose.

     

    The immediate implementation of a comprehensive program to provide timely rescue and medical assistance to troops wounded in combat.

    The budget of the Judiciary and the Department of Justice must be increased in order to upgrade the physical facilities recording, investigative and prosecution, and staffing of the system.

     

    A review by the military of its decision to disband the Scout Ranger Regiment.

    The business sector, as the engine of growth for the economy, is the key sector, in addition to the government, in avoiding a severe economic crisis that could invite military adventurism. The business sector should stake its resources for democracy as the only political system under which it can survive and thrive, and thereby help others overcome their poverty.

     

    An immediate audit of the value formation program of the military and, with the help of civilian experts, the formulation of an intensive program.

    The non-governmental organizations and civil society groups are intermediating institutions which can help unify a factionalized society. By mobilizing communities and resources to improve the lives of the poor, they help the people at the grassroots create a stake in democracy.

     

    The immediate removal or reassignment of officers who are less than 100 percent loyal to civilians from sensitive positions in the military hierarchy, i.e., intelligence, operations, logistics, and training functions.

    The church occupies a unique position in Philippine Society, acting as an arbiter on moral issues even in the realm of politics, i.e., the condemnation of the election fraud committed by the Marcos administration in February 1986, although inhibited by the constitutional mandate of separation of church and state, the boundaries of which may shift from time to time.

     

    The immediate disbandment of GCFI and all other organizations which are unauthorized by the military

    The resolution of the dilemma faced by media in crisis reporting lies more in the media itself rather than government.

     

    Enforcing the practice of a systematic selection process for the new Chief of Staff that generates the least controversy about the choice.

       

    As in the civilian government, a crackdown is needed by the military on some "big fish" corrupt officers.

       

    An immediate stop to unfair and/or humiliating treatment and criticism of military officers by Congress and other public officials, especially those before the Commission on Appointments.

       

    Speedy and firm disciplinary action and/or prosecution against military officials involved in human rights violations a well as of civilian law enforcement personnel involved in victimizing military personnel.

       

    The purchase or charter by Congress of its own transportation facilities and a prohibition on their use of military equipment and aircraft.

       

    The expansion of the government's public information program which has considerably improved since December 1989, with more participation by local government officials.

       

    The provision of sufficient resources and support to the Deputy Ombudsman for the Military.

       


    II. Confidence-Building Measures and their Outcome

    In her personal capacity, Aquino employed several measures to improve the confidence level of the soldiers.
    31

    • In one of her pet programs, Bigay Puso (or Gift from the Heart), she brought together the wives of cabinet officials and the wives of military officers.

    • Aquino initiated joint programs between PMA cadets and their counterparts in civilian universities. She described the initial results as deplorable. In the end, however, she served as the principal sponsor in one of several weddings that resulted from these mixed gatherings.

    • In order to consistently build up a positive image for the AFP, she appointed the provincial commanders as second chairs of the local Peace and Order Councils which were previously led by provincial governors. This arrangement provided the institutional linkages for coordinating civil-military efforts in security and peace and order operations. Furthermore, this set-up enhanced the military's image as a protector rather than a tormentor of the people.

    • Moreover, she expanded the AFP's role in development. "We were changing the attitude that the country was theirs for the taking, to the attitude that they were an integral part of the country they were serving".32

    The initial reforms implemented by both the government and the military resulted in enhanced confidence in the military among the populace. Consequently, this confidence translated into positive gains in the battlefield. By the end of the Aquino administration, the counter-insurgency operations that resumed after the breakdown of the peace talks had taken their toll on the communist movement. The peak rebel strength of 25,800 in 1988 was reduced to 11,900 by 1992. Their peak firearm strength of 15,500 in 1987 was brought down to 8,700 by 1992.33

    This victory over the insurgents was propelled by the emergence of Civilian Volunteer Organizations or Bantay-Bayan (Guardians of the Countryside) in dissident-affected areas, where rural residents spoke openly against the insurgents and organized themselves to undertake their own community self-defense.34 Likewise, the cooperation of civilians with the military in pinpointing safehouses of the left and the right-wing radicals resulted in the capture of a significant number of high-ranking rebel leaders and followers.

    Aquino's offer of amnesty was based on her policy of "reconciliation based on justice" while Ramos opted for unconditional amnesty for military rebels. Both policies exhibited strengths and weaknesses that shaped the quality and length of the negotiations.

    At the end of Aquino's term, the government reported the following facts:35

    • Some 4,579 military rebels, consisting of 487 officers, 3,424 enlisted men, 93 members of the Integrated National Police, 70 trainees, and 475 CAFGU Active Auxiliaries (CAAs,) have been captured or have surrendered.

    • Of those who participated in the coup attempts, 117 were serving prison sentences; 785 remained in detention pending results of court martial action; and 326 were less severely punished through dismissal from the service, forfeiture of pay, demotion, administrative confinement, loss of seniority, and/or reprimand.

    During the debates regarding the government's amnesty program, a number of senior armed forces officials called for the reinstatement of younger military rebels. These senior officials believed that it was still possible for the young soldiers to be reformed and re-indoctrinated on the principles of civilian supremacy and respect for constitutional democratic ideals.

    For Ramos' part, two major peace agreements were signed with the military rebels in 1995: the GRP-ALTAS Agreement on the Disposition of ALTAS Forces signed on 29 May 1995, and the GRP-RAM/SFP/YOU General Agreement for Peace was signed on 13 October 1995. These agreements committed the negotiating parties to the complete and permanent cessation of hostilities, the return of weapons and materials, the grant of unconditional amnesty, and the disposition of ALTAS and RAM/SFP/YOU members.


    III. Concluding Comments

    In conclusion, two comments may be relevant in the Philippine approach to normalizing civil-military relations. One comment is with regard to the continuing involvement of the military in national development efforts. The experience during the Marcos years, when this role was expanded, indicated that the role of the military in national development could be a double-edged sword. One edge allows the military to remain busy and deprives it of idleness which can lead it to conspire against the government. The other edge allows them to build a political base, especially if the national development projects are of long duration in a single place. This act tends to facilitate the politicization of the military.

    The other comment concerns the policy adopted by Ramos regarding amnesty extended to the military rebels. Unconditional amnesty was deemed necessary to encourage the rebels to desist from undertaking plots against the government because a stable and peaceful political environment was seen as a requirement for economic recovery and growth. However, letting the rebel military off the hook so easily after having committed a serious crime against the Constitution they have sworn to protect and defend and against the government that enjoys supremacy over them could teach young officers a bad lesson. Allowing the rebels to go unpunished will have serious consequences for military subordination to civilian political authority in the future.


    Part Four: Institutional programs of the AFP on military reform, reconciliation, and nation-building

    Profile 1: Redefining the Core Values of the AFP

    " Do Good, Look Good, and Feel Good" AFP

    Billboards trumpeting "Do Good, Look Good, and Feel Good" are strategically displayed in most AFP bases. The same slogan is also always printed in major AFP publications. It captures, in very simple terms, the collective and shared aspirations of the entire AFP. Since 1986, the AFP has been implementing a number of programs and activities that are directed towards increasing excellence and professionalism in the AFP. Professionalism, in this sense, covers familiarity with the AFP's basic doctrines and tactics, an understanding of the significance of the military's noble mission, and an exemplification of discipline embedded in military culture.

    The different units of the AFP went through several processes in which the military's core values and functions were scrutinized and redefined. A concrete product of this assessment was the AFP Code of Ethics (AFPCOE). In the different workshops that were held to produce this document, it was agreed by the participants that the principle of solidarity be added to the AFP's core values of honor, loyalty, valor, and duty.
    36 This addition was in response to the factionalism prevalent in the AFP since the Marcos regime and subsequently, made worse by the coup attempts initiated by some senior AFP ranking officers in 1986-1989.

    In 1992, President Ramos, with the support of the Senate, instituted a national Moral Recovery Program. Presidential Proclamation No. 62, signed on September 20, 1992, called for the propagation of specific "virtues" in order to establish a solid moral backbone for genuine national development. These virtues, as enumerated below, were identified by a study group composed of various Filipino scholars headed by Patricia B. Licuanan of the Ateneo de Manila University with the sponsorship of the Senate Committee on Education, Arts and Culture and the Committee on Social Justice, Welfare and Development.

      1. Pride in being Filipino
      2. Caring and sharing
      3. Integrity and accountability
      4. Self-reliance
      5. Good manners and right conduct to include courtesy, discipline, respect for authority and institutions.
      6. People empowerment
      7. Self-reflection and analysis

    In response to the call of the national leadership for moral recovery, the AFP formulated its own program of professionalization as embodied in the Military Values Education (MILVED) Program. The main objective of MILVED is to reform and professionalize the AFP through the development, assimilation, and institutionalization of essential moral principles that eventually will produce a Filipino soldier who is Maka-Diyos (God-centered), Maka-Bayan (Nation-Oriented), and Maka-tao (People-Oriented). In 1995, these basic characteristics were amended to include Maka-kalikasan (Pro-Environmental Protection). This addition was in response to the growing belief that the continuous degradation of the natural environment has a huge impact on national security.

    Prior to the MILVED Program, the AFP already had a values formation program focused on the preaching and teaching of moral and spiritual values found in the Bible and the Quran. 37 This program was promoted by Brig. Gen. Jose T. Almonte, then the Deputy Chief of Staff for Civil-Military Operations (CMO,J7). In 1992-1998, he served as the National Security Adviser to President Ramos. He defined National Security as having six elements.

    Figure 1: The Six Elements of National Security
    As defined by Brig. Gen. Jose T. Almonte


    In a research study, entitled "Developing and Strengthening Moral and Spiritual Values Toward Enhancing National Security: The Metro Manila Experience", Lt. Col. Reuben Espartinez asserts that the values formation program of Gen. Almonte "gave the struggling Christian-Military Fellowship-Philippines and other religious groups propagating biblical moral and spiritual values in the military and police camps a big boost".38 He credits the program with having a positive effect in strengthening the moral values of the majority of the AFP personnel. Espartinez also claims that President Ramos, who is a Protestant, served as a good model for Filipinos when he refocused the attention of soldiers to the teachings of the Bible and the Quran.

    Three functional offices in the Armed Forces were given the task of undertaking effective implementation of the MILVED Program in their respective areas of responsibility. These offices are: 39

      a) The Chaplain Service - The office tasked to care for the spiritual and moral needs of the men and women in uniform.

      b) The Civil Military Operations Office - The office tasked to assist in the promotion of value education for AFP Personnel and the enhancement of public trust, respect, and pride in the Filipino soldier.

      c) The Office of Ethical Standard and Public Accountability - The office tasked to pursue the AFP's commitment to combat graft and corruption through professionalism, integrity and honesty promotion, and the inculcation of a strong sense of accountability among military and civilian personnel.


    The AFP Chaplain Service

    Even before the implementation of the national Moral Recovery Program, the Chaplain service of the AFP had been very active in its mission " to provide opportunities for religious expressions and moral growth of the AFP personnel and their families in order to assist effectively in the accomplishment of the overall mission of the AFP". The Chaplain Service Study Guide No. 01-1, "Ethics and the Soldiers", written by Colonel Joel V. Lofamia, discusses in great detail the different moral values espoused by the Roman Catholic Church, the Protestant Church, and the Islamic faith. In its accomplishment report for 1992-1997, the AFP Chaplain Service accounts for a total of 109,155 spiritual enlightenment activities that benefited 1,545,026 people. These activities are broken down as follows:

    Table 3: AFP Chaplain's Office Accomplishment Report 1992 to 1997

    Activities

    Total # of Occasions

    Total # of Beneficiaries

    Bible Study

    30,688

    266,348

    Prayer Meeting/Rally

    18,371

    161,246

    Catechism

    3,628

    67,693

    Baptism/Confirmation

    2,322

    6,200

    Mass Wedding

    735

    5,512

    Procession

    120

    43,777

    Fellowship (Sharing)

    5,843

    107,497

    Lenten Season Activities

    73

    3,143

    Retreat

    20

    543

    Procession

    52

    2,600

    Advent Activities

    353

    43,000

    Dawn Masses

    325

    30,000

    Christmas Eve Mass

    14

    6,500

    New Year's Eve Mass

    14

    6,500

    Holy Mass

    16,184

    332,334

    Novena

    2,323

    50,238

    Guidance Counseling

    12,301

    73,819

    Other value formation activities (unspecified)

    5,866

    1154,213

    Source: Civil-Military Office Accomplishment Report 1999, AFP



    The Office of Ethical Standards and Public Accountability (OESPA)

    The Office of Ethical Standards and Public Accountability (OESPA) was organized pursuant to Staff Memo No. 3 dated May 1, 1990, and is organizationally parallel to the Office of the Inspector General (OTIG). OESPA has exclusive jurisdiction over active AFP personnel involved in major graft cases. Its mission is "to enhance professionalism, promote honesty and integrity in the military service, instill ethical standards and inculcate a strong sense of public accountability among military and civilian personnel in the pursuit of a common commitment against graft and corruption in the AFP".40

    The OESPA is made up of six divisions: (1) command and control, (2) personnel and administrative division, (3) professional and graft prevention division, (4) statement of assets and liabilities division, (5) investigation and intelligence division, and (6) legal division. Chart 1 displays the organizational structure of OESPA while the list of functions and responsibilities of each division is included in the annexes.

    The strategy of the OESPA in achieving transformation within the AFP is not only accomplished through a careful design of its projects but also in their implementation.

    • Mission

    To enhance professionalism, promote honesty and integrity in the military service, instill ethical standards and inculcate a strong sense of public accountability among military and civilian personnel in the pursuit of a common commitment against graft and corruption in the AFP.

    • Functions

    1. To ensure the implementation of the AFP Code of Ethics especially its integration, internalization and institutionalization.

    2. To pursue a continuous organizational development process to suit AFP's ultimate vision to eradicate graft and corruption in the military establishment.

    3. To conduct continuous education and information dissimantion program towards the professionalization of the AFP

    4. To collect, analyze and compile all sworn statements of assets and liabilities of military personnel and permanent civilian employees of the AFP

    5. To receive complaints/reports, to inquire into the same and to conduct overt/covert investigation on violations by military and civilian personnel of the AFP of the following laws, rules and regulations:
      a. Republic Act (RA) 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and the implementing rules thereof
      b. RA 3019, as amended (Anti-Graft and Corrupt Practices Act)
      c. RA 1379, as amended (An Act Declaring Forfeiture in Favor of the State Any Propety Found to have been Unlawfully Acquired)
      d. Revised Penal Code, Title Seven , Crimes Committed by Public Officers in relation to AW 94 (Various Crimes) and AW 95 (Fraud Against the Government) with regards to active and retired military personnel;
      e. And such other allied laws, AFP regulations and existing policies;

    6. To evaluate prosecute and monitor civil, criminal and administrative cases related to acts that violate the laws mentioned in paragraph 2e, hereof;

    7. To integrate and synthesize for the CSAFP all policies and regulations,as well as, pertinent data gathered from field units that have direct bearing on OESPA's mission

    8. To process and issue appropriate clearances

    9. To exercise technical supervision over the Major Services OESPA

    10. To carry out such other functions as the CSAFP may deem it proper for OESPA to perform.

    • Organizational Structure

    • Organization

    1. Command and Control

      Divisions

      a. Office of the Chief ESPA, AFP
      b. Office of the Deputy Chief, ESPA
      c. Office of the Executive Officer

    2. Personnel and Administrative Division

      Divisions

      a. Office of the Chief, Administrative and Personnel Division
      b. Office of the Assistant Chief, Personnel and Administration Division
      c. Personnel Service Branch
      d. Budget and Fiscal Administration Branch
      e. Clearance and Records Branch
      f. Management and Support Branch

      Functions

      a. Provide efficient and effective manpower, logistical, financial and admnistrative support requirements in the accomplishment of OESPA's mission
      b. Ensures the enhancement of career development and overall morale and welfare of personnel
      c. Prepares and pursues personnel, budgetary and logistical requirements of the Office
      d. Maintains adequate and systematic record-keeping procedure
      e. Develops and provides expeditious processing and issuing of appropriate clearances
      f. Supervises the maintenance and upkeep of office facilities and properties
      g. Collates, processes and submits office accomplishments reports to Chief, ESPA AFP (thru: DESPA)
      h. Gathers, complies and disseminates and disseminates all directives, policies, memoranda and the like for the information and strict compliance of concerned personnel.
      i. Performs such other duties as Chief, ESPA AFP may direct

    3. Professional and Graft Prevention Division

      Divisions

      a. Office of the Chief, Professional and Graft Prevention Division
      b. Office of the Assistant Chief, Professional and Graft Prevention Division
      c. Professional Standards Branch
      d. Graft Prevention Branch

      Functions

      a. Plans, executes and manages OESPA projects and programs related to the professionalization of the AFP.
      b. Initiates projects and evolves appropriate training programs and doctrines to enhance military professionalism and instill ethical standards in accordance with the AFP Code of Ethics.
      c. Ensures the effective and efficient implementation, integration and institutionalization of the AFP Code of Ethics by facilitating researches on the following:
      * Systems Review and Improvement
      * Organizational Climate/Culture Building
      * Quality of Life Improvement/Self-Reliance
      * Organizational Development/Renewal Action
      d. Establishes and maintains a Secretariat chaired by C. ESPA, AFP that is representative of the major services OESPA and such cognizant AFP units to include civilian-based consultants
      e. Performs such other duties as the Chief, ESPA AFP may direct

    4. Statement of Assets and Liabilities (SAL) Division

      Divisions

      a. Office of the Chief, SAL Division
      b. Office of the Assistant Chief, SAL Division
      c. Financial Analysis Branch
      d. Records Branch

      Functions

      a. Collects and compiles SAL of all military and permanent civilian personnel of the AFP as required by law
      b. Ensures that SAL are filed on time, providing adequate filing system and procedure, maintaining a 10-year SAL record and transmitting to OTAG all SAL that are more than ten (10) years old
      c. Requires for the completeness of SAL for evaluation as basis for the issuance of appropriate clearances when warranted
      d. Conducts a cash flow analysis of SAL of all AFP personnel who are under investigation for graft-related offenses and pursuant to the CSAFP directive on periodic review of SAL
      e. Recommends the investigation of AFP personnel found initially liable for possible unexplainable wealth after a cash flow analysis and for prosecution against those who failed to file their SAL
      f. Educates AFP personnel on the correct filing of SAL
      g. Performs such other duties as C, ESPA AFP may direct

    5. Investigation and Intelligence Division

      Divisions

      a. Office of the Chief, Investigation and Intelligence Division
      b. Office of the Assistant Chief, Investigation and Intelligence Division
      c. Complaints and Investigation Branch
      d. Intelligence Branch

      Functions

      a. Receives complaints and investigates cases of unethical and corrupt practices including cases discovered during inspections and intelligence operations
      b. Prepares action plans for an effective investigation to include the technical review of financial analysis and sworn statements of assets and liabilities, the appraisal/evaluation of properties and the examination of documentary evidences
      c. Undertakes liaising activities with various government and non-government and intelligence agencies
      d. Conducts counter-intelligence operations
      e. Responsible for the preparation and/or service of all legal processes
      f. Gathers, collects and safeguards evidences
      g. Assigns intelligence operatives for the gathering of information and evidences related to unconfirmed reports of unethical and/or corrupt practices against AFP personnel
      h. Performs such other duties as Chief, ESPA AFP may direct

    6. Legal Division

      Divisions

      a. Office of the Chief, Legal Division
      b. Office of the Assistant Chief, Legal Division
      c. Legal Assistance Branch
      d. Evaluation and Prosecution Branch
      e. Legal Research Branch

      Functions

      a. Reviewes and evaluates evidence and, if warranted, files and prosecutes cases before appropriate bodies, monitoring them towards its conclusion
      b. Conducts legal research as well as prepares the necessary and competent legal opinion as basis for OESPA action
      c. Refers cases to proper cognizant offices/units of the AFP and other agencies
      d. Acts as Chief, legal counsel of Chief, ESPA AFP and provides legal assistance to organic OESPA personnel
      e. Maintain for the safekeeping of evidence on cases filed
      f. Establishes liaison linkages with various legal agencies and such other similar bodies
      g. Performs such other duties as the C, ESPA AFP may direct.

    • Functional Relationship with other AFP Offices

    Organization

    Functions

     

    Advise

    Prosecution

    Jurisdiction

    Office of Ethical Standards and Public Accountability (OESPA)

    Ethical Standards and Public Accountability

    Prosecute

    Violations of RA 3019 and 1379, pertinent provisions of RPC and major violations of AFP Policies

    Office of the Inspector General (OTIG)

    Unit Readiness and Unit Discipline

    Prosecute

    Violations of Policies and Breaches of Unit Discipline

    Office of the Probo-Marshall General (OTPMG)

    Order and Safety Inside Camp

    Prosecute

    Disturbance of Peace and Order, Crimes against person and property, vehicular accidents and breaches of individual soldiers discipline

    Office of the Judge Advocate General (OTJAG)

    Legal Matters

    -o-

    Prepares charges on complaints received from OESPA, OTIG and OTPMG


    Understanding that accountability can only be nurtured through transparency, OESPA makes use of consultative seminars to encourage involvement and support for its programs among military personnel.


    The Bible of Soldiery: The AFP Code of Ethics (AFPCOE)

    One of OESPA's very first projects was the formulation of the AFP's Code of Ethics (AFCOE). On July 31, 1990, the OESPA sponsored a consultative workshop attended by the Chiefs and Deputy Chiefs of the General Staff of the Major Services and the Joint Staff. These officials proposed the organization of a cross-sectoral delegation to formulate the AFPCOE. This proposal was supported by the CSAFP (Chief of Staff, AFP) and the Deputy Chiefs of Staff (DCSs).

    The project underwent three phases: (1) drafting, (2) validation, and (3) ratification.

    Drafting the AFPCOE took 23 working days from October 11 to November 13, 1990. Representing a cross-section of the AFP, the delegates were composed of 1 MNSA (Masters in National Security Administration), 14 GSC (General Staff College) graduates, 4 military lawyers, 3 engineers, 3 chaplains, 1 medical doctor, 1 nurse, 1 WAC, 14 Master Sergeants, and the rest hailed from line and technical fields.41 The oldest delegate was 57 years old with 33 years of service in the police force and the youngest was 27 years old with 5 years of commissioned active military service. The average age of the participants was 42 while the average length of service was 17 years.

    The validation phase was done on site where soldiers were consulted on their opinions regarding the newly drafted AFPCOE. In these consultations, OESPA personnel inhibited themselves from the seminars so as to encourage the soldiers to speak their minds openly.

    The entire AFP ratified the AFPCOE in June 1991. Chief of Staff Gen. Lisandro C. Abadia officially declared the ratification of the Code on August 19, 1991. On September 30, 1991, every officer and enlisted personnel simultaneously took the Oath of Allegiance to the Code of Ethics during flag raising ceremonies all over the country.

    The AFP, through the OESPA, incorporated into the AFP system several strategies to ensure the propagation, internalization, and institutionalization of the AFPCOE. The following strategies were incorporated:42

      1) Inclusion of the manual as part of the prescribed uniform;

      2) Adoption of the convening date of the Code of Ethics Convention, October 11, as the AFP Code of Ethics Day. This special day is commemorated simultaneously by all military camps, bases, and installations with brief programs and activities beginning with a flag raising ceremony, reaffirmation of allegiance to the AFPCOE, followed by lectures on the AFPCOE core values and professionalism;

      3) Incorporation of the Code in the POI/Curricula of Courses throughout the different levels (candidate soldier/basic/advance) for officers and enlisted personnel effective September 1991. The Code is also included in the curriculum of the Joint Command and Staff College;

      4) Translation of the Code in eight major Philippine languages: Tagalog, Ilocano, Cebuano, Ilonggo, Waray, Bicol, Tausug, and Pangasinense. The translation was made possible through coordination with the Sentro ng Wikang Pilipino (Center for the Study of the Philippine Language) of the University of the Philippines;

      5) Use of mass-based literature such as comic books to popularize the core values contained in the Code;

      6) Constant teaching of refresher courses in various AFP units;

      7) Periodic conduct of surveys and other evaluation tools to assess the effectiveness of the programs; and,

      8) Installation of suggestion boxes for evaluation of the AFPCOE at various units of the major services. A directive was issued to collate the suggestions and to submit these to OESPA in the form of periodical reports.


    OESPA's Strategy Against Graft and Corruption

    As a result of a series of Strategic Planning Conferences with selected senior officers of the AFP, the OESPA was able to formulate a three-pronged strategy to address graft and corruption in the AFP. A thorough analysis of the common incidences of graft and corruption produced an understanding of its basic causes.

    The participants in the series of workshops identified three main instances when military personnel become vulnerable to corrupt practices. These instances include attraction, opportunity, and rationalization. The combination of these three instances causes the desensitization of military personnel against immoral and illegal activities.

    To combat illegal activities, OESPA focused on stopping the persistence of these practices through (1) integrity promotion, (2) graft and corruption prevention, and (3) prosecution.

    Integrity Promotion centers on activities designed to develop the correct attitude and sound reasoning in soldiers so that they will stop rationalizing the commission of graft. To support these activities, the OESPA continually produces materials and undertakes activities aimed at the internalization of the AFP's five core values: honor, valor, duty, loyalty, and solidarity. The formulation of the AFPCOE is a concrete example.

    Graft and Corruption Prevention, the second strategy employed by OESPA, is designed to remove the opportunities to commit graft. Several rules have been implemented to support this strategy such as the designation of OESPA representatives in different military units and offices as well as in boards that screen personnel who will occupy sensitive positions; elimination of the "entourage syndrome" where newly designated unit commanders bring along selected or highly favored officers to replace the incumbents; and the filing of a Statement of Assets and Liabilities (SAL) annually.43

    A program, entitled OESPA-AFP Ombudsman Education and Enlightenment Program, was also formulated by OESPA in coordination with the AFP Ombudsman Office. The program consists of a one-day lecture conducted in military units by trained lecturers from three operational units: Civil-Military Operations, Office of the Deputy Ombudsman for Military Affairs, and OESPA. The modules included in the lecture are: AFP Code of Ethics and Military Professionalism, Proper Preparation of the Statement of Assets and Liabilities, Moral and Spiritual Values, Integrity Circle, and Laws on Public Service. Integrity Circles are composed of three to five middle management officials. The so-called integrity circles are intended to lay down the necessary foundation for a moral recovery crusade aimed at the infusion of the Filipino core values into culture, systems, and processes of the organization.

    The requirement to file a SAL was inspired by a law enacted by Congress to give substance to the constitutional provision that promotes accountability of public officials. Section 7 of Republic Act 3019 requires the filing of a detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of the individual's income; the amounts of the individual's personal and family expenses; and the amount of income taxes paid for during the immediate past calendar year. The OESPA reviews this document before issuing appropriate clearance, especially for officers and enlisted personnel occupying or about to be transferred to sensitive positions.

    The third strategy, prosecution, must be employed when the attempts at prevention are not successful. Towards this end, the OESPA assisted the AFP in the formulation of the Military Justice Handbook that contains a detailed outline of military offenses and their corresponding sanctions.

    Table 4 contains the OESPA's accomplishment report from 1994 to 1998 in terms of the number of participants in its Enlightenment Programs.

    Table 4: OESPA's Accomplishment Report 1994 to 1998

    YEAR

    Officers

    Enlisted Personnel

    CE

    OC

    Total

    1994

    791

    2,433

    0

    0

    3,224

    1995

    776

    3,207

    34

    0

    4,017

    1996

    342

    1,427

    124

    116

    2,009

    1997

    371

    2,243

    129

    0

    2,743

    1998

    363

    1,852

    32

    0

    2,247

    Total

    2,643

    11,162

    319

    116

    14,240



    Profile 2: The AFP and its Agenda on Human Rights

    Promotion and Adherence to Human Rights

    In a report prepared by the Task Force Detainees of the Philippines (TFDP), a leading Philippine human rights NGO, it was observed that from 1977 to 1985, the Marcos regime repeatedly committed five types of human rights violations against individuals, namely savaging, torture, arrest, detention, and disappearance. Table 5 summarizes the violations from 1980 until the downfall of the Marcos regime in February 1986. According to the report, the figure for the massacres could be largely understated and the number of victims killed and wounded could not be correctly estimated.

    Table 5: Comparative Statistics on Human Rights Violation by Type - January 1980 to February 1986

    Year

    Arrested Persons

    Salvaged Persons

    Disappeared Persons

    Massacre/ Near Massacre Cases

    Total

    1980

    962

    218

    19

    3

    1,202

    1981

    1,377

    321

    53

    10

    1,761

    1982

    1,911

    210

    42

    13

    2,176

    1983

    2,088

    368

    145

    25

    2,626

    1984

    4,168

    538

    158

    25

    4,889

    1985

    5,967

    429

    189

    54

    6,639

    1986 (Jan-Feb)

    478

    74

    28

    27

    607

    Total

    16,951

    2,158

    634

    157

    19,900

    Source: Miranda, Felipe B. The Philippine Military at the Crossroads of Democratization, p.21


    The Commission on Human Rights reports that the prime perpetrator of these violations was either the police or the military.
    44

    More than a decade of these violent practices, coupled with graft and corruption, resulted in a severe erosion of the trust and credibility of these law enforcement officers among the people. In a 1991 National Survey conducted by the Social Weather Stations, respondents who claimed that human rights violations happen frequently in their area, point to the military and the police as the top two human rights violators as indicated in Table 6.

    Table 6: Perceived Human Rights Violators - SWS November 1991 National Survey

    Q: Who do you regard as responsible for such Violations? Who else? (open-ended)

    [Base: respondents who say that human rights violations happen frequently/sometimes in their area)

    Military

    18 %

    Police

    16

    People(nobody in particular)

    11

    Barangay Chairman/Captain

    9

    Government

    7

    Mayor

    7

    People who are drunk

    3

    New Peoples Army

    3

    Barangay Officials

    2

    Drug Addicts

    2

    Source: Social Weather Bulletin 95-19/20, p.5


    At her inauguration as President, Aquino issued Proclamation No. 1 which laid down her commitment to human rights. In this Proclamation, she pledged "to do justice to numerous victims of human rights violations. Consistent with the demands of the sovereign people, we pledge a government dedicated to uphold truth and justice, morality and decency in Government, freedom and democracy".

    A few days afterwards, she issued Proclamation No. 2 which lifted the suspension of the privilege of the writ of habeas corpus throughout the Philippines. Aquino also issued Executive Order No. 8 which created the Presidential Committee on Human Rights. The primary task of the Committee was to assist the President in the discharge of her duty to respect and uphold human rights.

    Moreover, Aquino found it necessary to create a body under the Executive Department to assess and monitor the human rights situation in the country and to recommend proper plans of action to promote and protect human rights. This body was composed of representatives from the executive branch, Congress, the Commission on Human Rights, and non-government organizations such as the Free Legal Assistance Group (FLAG) and the Philippine Alliance of Human Rights Advocate (PAHRA), with the Secretary of Justice as Chairman.45

    In spite of the government's expressed commitment to human rights, violations did not abate during the Aquino administration especially at the height of the implementation of the total war policy against the insurgents. (See Table 7.) The Aquino administration pledged to conclude the insurgency in six years, a feat the Marcos regime failed to accomplish in 12 years.

    Table 7 : Comparative Statistics on Human Rights Violation by Type- March 1986 to December 1991

    Year

    Arrested Persons

    Salvaged Persons

    Disappeared Persons

    Massacre/ Near Massacre Cases

    Total

    1986 Mar-Dec

    1,234

    123

    62

    74

    1,493

    1987

    8,637

    267

    52

    98

    9,054

    1988

    3,082

    88

    142

    74

    3,386

    1989

    1765

    30

    77

    18

    1,890

    1990

    5,789

    122

    70

    48

    6,029

    1991

    1,360

    89

    45

    33

    1,527

    Total

    21,867

    719

    448

    345

    23,379

    Source: Miranda, Felipe B. The Philippine Military at the Crossroads of Democratization, p.21


    Aquino's total war policy had two objectives: complete annihilation of the CPP/NPA and eradication of the political infrastructure of the underground movement. This policy may have caused an increase of human rights violations because they usually occur during the military's search-and-destroy missions since these missions are specialized activities that do not require any build up of goodwill between the military forces and the community.

    Originating from the Marcos era, it was, however, under the Aquino administration that "paramilitary" or "vigilante" groups under the command of the AFP appear to have increased in number.46 Paramilitary groups are composed of armed civilians banded together for purposes of counter-insurgency. Fanatical groups as well as bandit groups took advantage of the absence of defined recruitment guidelines and easily gained access to firearms and ammunitions. The different groups supplemented these weapons with their own such as handguns, bolo, knives, spears, or sticks.

    Of these paramilitary organizations, the most organized were the Citizen Armed Forces Geographical Units (CAFGUs). Established on July 5, 1987 with Executive Order No. 264, the recruits increased the manpower of the AFP by 50%.47 In 1990, it was estimated that half of the casualties in military offensives were CAFGUs.48 In addition to the CAFGUs, there are at least 600 vigilante groups with membership numbering from a few individuals to hundreds according to the Ecumenical Movement for Justice and Peace (EMJP). The most well known of these vigilante groups are the Alsa Masa, Tadtads, Ilagas and various Lost Commands.

    The creation of the CAFGUs was a widely-debated issue, especially regarding their constitutionality. Some legislators and journalists claimed that the CAFGU was similar to the disbanded Civilian Home Defense Force (CHDF), a Marcos-era militia. 49 Nevertheless, the criticisms and the suspicions were quelled with the AFP's assurance that the CAFGU would be placed under strict military regulation and discipline.

    Although, at the beginning, the idea of utilizing armed community-based civilian groups to eject the NPA from populated communities seemed to work, the strategy later backfired when the same groups became abusive of their power. These groups became infamous for brutality that included beheading, dismembering, or eating the internal organs of suspected insurgents. In 1985, the group Tadtad murdered Italian priest Tullio Favali, ate his brains, and drank from his skull. This single act undermined, in the public eye, whatever positive gains paramilitary groups may have achieved in the past. This negative image also infected the military due to its creation of the armed community-based civilian groups.


    The Military and the Agenda of Human Rights

    Due to heavy criticism and aggressive lobbying from local and international human rights organizations, as well as the media, the executive, the military, the police, and the CHR passed various directives to improve the government's record on human rights. Below is a list of these directives.

      1) Presidential Memorandum Order No. 20 entitled "Education of Arresting and Investigating Personnel on Human Rights", dated 4 July 1986;

      2) AFP Memorandum Providing for the Protection and Rehabilitation of Innocent Civilians affected by AFP counter-insurgency operations, dated 15 July 1988;

      3) Secretary of National Defense Directive on Respect for Human Rights and Improvement of Discipline in the AFP, dated 1 December 1988;

      4) AFP Memorandum Providing for Guidelines on Human Rights and Improvement of Discipline in the AFP, dated 2 January 1989;

      5) Armed Forces of the Philippines GHQ Directive on Safety of Innocent Civilians and Treatment of the Wounded and the Dead, dated 6 September 1989;

      6) AFP GHQ Directive on Facilitating Delivery of Goods and Services to the Countryside, dated 22 September 1990;

      7) Presidential Human Rights Committee Resolution No. 91-001 Providing for Guidelines on Evacuation of Civilians, dated 16 March 1991;

      8) Office of the President Order No. 393 directing the AFP and the PNP to Reaffirm their Adherence to the Principles of Humanitarian Law and Human Rights in the Conduct of Security/Police Operations, dated 9 September 1991;

      9) Department of National Defense and Department of Interior and Local Government Joint Circular February 1991 providing for the Implementing Guidelines for Memorandum Order No. 393;

      10) Office of the President Memorandum Order No. 398 Providing for Policy Guidelines on the Delivery of Goods and Services in the Countryside, dated 26 September 1991;

      11) AFP Memorandum on the Protection of Children in Armed Conflict, dated 27 September 1991;

      12) Memorandum Circular 139 Prescribing Guidelines for Memorandum Order No. 398, dated 19 November 1991.

    At the same time, human rights cases were expedited to show the government's sincerity in bringing the perpetrators to justice. Appropriate disciplinary actions were taken against erring personnel. In 1990, a total of 1,328 AFP personnel were separated from the service, 312 were demoted, 264 were punished under the Articles of War and 922 had the cases against them dropped or resolved.50 In the same year, 102 police personnel were separated from the service while 28 had their cases dismissed or resolved.51


    Human Rights as an Integral Part of Military Education and Training

    Inasmuch as the military was second to the police as the foremost violator of human rights, the government issued Presidential Memorandum Order No. 20 which required military personnel, police, and other arresting officers, "especially those in charge of detention and convicted prisoners" to undertake the study of human rights "as an integral and indispensable part" of their education and training.

    The implementation of the memorandum's directives was vested with severe sanctions when continuity in office became dependent on the successful completion of the courses offered under the program.52 The CHR, in coordination with other government agencies, was tasked to establish a system of examination for military personnel and the police. The National Police Commission was directed to include basic knowledge on human rights in the qualifying examinations for police work. At the same time, it was ordered by law to develop a performance evaluation system that would promote the improvement of individual efficiency and behavioral discipline while promoting organizational effectiveness and respect for the constitutional and human rights of the citizens, democratic principles and ideals, and the supremacy of civilian authority over the military.53

    In March 1989, the PCHR, in coordination with the Department of National Defense (DND) and the International Committee of the Red Cross (ICRC), organized a "National Trainors' Training Program on Human Rights and International Humanitarian Law for the Military". In subsequent meetings, these three groups served as the core of the Inter-Agency Steering Committee, their respective heads of agencies as the Inter-Agency Body, with the CHR serving as secretariat.54

    To ensure smooth coordination and adequate logistical support, the members of the inter-agency committee are all high-level officials from the CHR, the PNP, and the AFP. The inter-agency committee includes the following officials:

      1) CHR Commissioner,
      2) CHR Public Information and Education Director,
      3) CHR Education and Training Implementation Division Chief,
      4) AFP Human Rights Desk Officer,
      5) AFP Deputy Director for Training,
      6) PNP Deputy Director for Police Relations, and
      7) PNP Education and Training Officer.

    Meanwhile, the Chief for Plans and Programs in the Office of the Deputy Chief of Staff for Education and Training, Air Force Col. Manuel Carranza. Jr, introduced the integration of human rights courses within the AFP. He moved for the creation of an inter-agency HR logo and for the fashioning of HR-IHL Advocacy pins to be awarded to any graduate of a three-day HR training seminar. Graduates wear these pins as part of their uniform. This practice serves as a constant reminder to the soldiers that they must uphold human rights. Furthermore, he included the HR-IHL Trainors' Training in the AFP's yearly funded training program. In 1990, the responsibility for HR matters was transferred to the Deputy Staff for Civil-Military Operations. Consequently, Brig. Gen. Emiliano Templo created a Human Rights Desk to oversee human rights matters in the AFP.55

    The Inter-Agency Committee formulated and approved the following courses for the military:56

      1) Multi-level HR-IHL Advocacy Courses for the Philippine Marines,
      2) Multi-level HR-IHL Advocacy Courses for the Philippine Army,
      3) Multi-level HR-IHL Advocacy Courses for the Philippine Air Force,
      4) Multi-level HR-IHL Advocacy Courses for the Phil. Navy/Coast Guard,
      5) HR-IHL Military Trainors Course, and
      6) On-site Seminars on HR.

    Representatives of national and region-based human rights NGOs were tapped as resource persons in the training programs. This strategy helped bridge the gap between the NGOs and the police/military sector in the area of human rights implementation and observance. These resource persons hailed from the Philippine Alliance of Human Rights Advocates (PAHRA), Kapisanan ng mga Kamag-Anak at Kaibigan ng mga Bilanggong Pulitikal sa Pilipinas (KAPATID, an association of relatives and friends of political detainees in the Philippines), Task Force Detainees of the Philippines (TFDP), Association of Major Religious Superiors of the Philippines (AMRSP), Ecumenical Movement for Justice and Peace (EMJP), and National Secretariat for Social Action (NASSA).57

    The AFP Memorandum Providing for the Protection and Rehabilitation of Innocent Civilians affected by AFP counter-insurgency operations, dated 15 July 1988, laid down the operational procedures for the proper handling of post-military operations. This memorandum states that:

    Coordination and liaison with national and local government agencies should be pursued in undertaking the following immediate tasks after the conduct of operations:

      1) rapid assessment of the damage,
      2) restoration of utilities,
      3) rescue, evacuation, and hospitalization,
      4) issue of food and essential supplies,
      5) emergency provision of prepared food and facilities for food preparation, and
      6) recovery and disposition of the dead.

    In order to protect troops from false charges of looting, abuse, and other forms of misbehavior, civil relations groups shall immediately conduct a survey of the residents after the operation and make proper documentation to include:

      1) photographs if possible,
      2) signed and witnessed affidavits of materials recovered from the target area,
      3) signed and witnessed statements of proper conduct and behavior of military personnel by local residents, particularly respected leaders of the locality, and
      4) signed and witnessed receipt of payment for damaged property.

    A documented report of the CMO aspect of the operation including the resident's testimonies shall be released for media publication to preempt adverse propaganda from other interested groups.

    Consistent with the AFP's initiative to expand and strengthen its linkages with the government and NGOs, and to encourage transparency and fair reporting from the media, the AFP issued Guidelines on Human Rights and Improvement of Discipline in the AFP, dated January 1989. The AFP called for coordinated action with corresponding offices of the CHR, DOJ, and active NGOs in the area including sectoral elements such as religious organizations and human rights advocates in responding to human rights complaints.


    The Military and the Philippine Human Rights Situation

    In its decade report for 1988 to 1998, the Commission on Human Rights claimed a substantial decrease in the incidence of human rights violations in the country. In addition, from 1995 to 1998, CHR reported that the military had improved its human rights record and had been dislodged by the police (1st), local officials/employees (2nd), and civilians (3rd) as the alleged leading HR perpetrators.58 (See Figure 2.)


    A study commissioned by the Development Academy of the Philippines and the CHR verified the effectiveness and impact of the CHR's training program on the military and the police. 59 The study reports that the CHR's human rights program has succeeded in instilling some degree of consciousness among the police and military respondents. The authors pronounced that:

    "even those who have not gone through any formal training with the CHR have been made aware of society's concern for these rights through the media. But prior through their training, some respondents saw human rights as a political instrument of insurgents or as a creation of the media".

    But on the whole, human rights education has succeeded in instilling some amount of consciousness and positive regard for human rights. This is particularly true among the military respondents who say they are now careful in observing human rights.

    The military... seems to be more aware of the importance of human rights advocacy. According to one respondent, the military is presently reorienting itself to become more respectful of human rights since it realized how human rights violations work against the military's counterinsurgency campaign. However, they continue to distinguish between the rights of the guerilla combatants and war prisoners and innocent civilians. While the military respondents maintain that the success of the mission is still the soldier's top priority, most of them see no conflict between this and proper observance of human rights in the field."

    Profile 3: Co-ed Military Education and Recruitment at the Philippine Military Academy

    Republic Act 7192, enacted on February 12, 1992, seeks to promote the integration of women as full and equal partners of men in development and nation-building. Specifically, Section 7, which pertains to women's admission to military schools, states that:

    Sec. 7: Any provision of the law contrary notwithstanding, consistent with the needs of the services, women shall be accorded equal opportunity for appointment, admission, training, graduation and commissioning in all military or similar schools of the Armed Forces of the Philippines and the Philippine National Police not later than the fourth academic year following the approval of this Act in accordance with the standards required for men except for those minimum essential adjustments required by physiological differences between sexes.
    The enactment of this law facilitated the entry of female cadets to the Philippine Military Academy in 1993. Of the thousands who applied, 500 were women. Of these 500, 200 passed the written examinations but only 16 qualified. Two of the 16 female applicants did not show up, five dropped out over the next succeeding months of grueling training and only seven made it to graduation. Of the seven female cadets that graduated, three were included in the Top 10.

    The admission of female cadets to the PMA raised some apprehensions. Many feared that the policy might lower the standards and quality of the corps of cadets. This fear coincides with the fact that 30% of the AFP's 12,000-strong officer corps is from the PMA. Moreover, a few alumnae expressed their concern about the incidence of sexual harassment or untimely pregnancies. "Considering the cold temperature and scenic environment at the PMA and the aggressiveness of Filipino men, pregnancy becomes an inevitable possibility that could certainly pose a serious problem for PMA authorities," warned Brig. Gen. Manuel Mariano, president of the influential PMA Alumni Association.
    60 The academy, however, has strict rules prohibiting fraternization among cadets that could serve as deterrence to this concern. In addition, vulnerability to hazing was another concern raised by some groups.61

    In reality, not only have these fears been unfounded but the three batches of female cadet graduates have exceeded the military's and public's expectations. Consistently, the female cadets have garnered places in the academy's honor roll. In the graduating class of 1998, a female cadet bested all of the other 215 cadets. Navy Midshipman Arlene De La Cruz, topped the PMA entrance exam and consistently led her batch throughout her years. In addition, De La Cruz received the Philippine Navy Saber for being the most senior cadet to join the Navy, as well as the Humanities Plaque for excelling in her humanities subjects.62 The first and second batch of female cadet graduates garnered three positions each in the honor roll. The table below summarizes the female cadets' performance.

    Table 8: Summary of Female Cadets' Performance - 1993 to 1998

    Year

    Total No. of Cadets

    Total No. of Female Cadets Accepted

    Position Garnered in Honor Roll

    Rank in Honor Roll

    1993

    123

    16

    3

    3rd, 7th, 10th

    1994

    162

    11

    3

    4th, 5th, 10th

    1995

    216

    13

    2

    1st,5th

    1996

    400

    20

    currently enrolled

    1997

    350

    18

    currently enrolled

    1998

    326

    21

    currently enrolled

    Source: Public Information Office, PMA


    There have been no reports of male cadets raising issues of double standard in light of the female cadets' achievements. These accomplishments do not only speak well of the female cadets' abilities but also of the ability of the PMA, an all-male institution for 92 years, to adjust to the changing environment.

    According to Commodore Domingo Salipsip, AFP Chief for Personnel, the different AFP frontline units, such as the Scout Rangers or the Marines, have been asked to identify the criteria for the entry of female officers in the field. "We will allow women to compete and find their places in the different line specialties," he said.63

    The important issue that confronts the military is whether female officers should be allowed to perform combat duty. In the past, the AFP recruited female soldiers for the Women's Auxiliary Corps whose members were confined to communications and deskwork. Different arguments have been presented for or against this issue. Victoria Blancaflor of Class 1997 said she believed the Army would provide good opportunities for women. "If we won't be given those combat assignments then we won't be promoted as aggressively as our male counterparts. We want to be given the chance to become generals."64

    Senator Rodolfo Biazon, a former AFP chief of staff, expressed his reservations about the issue. "I don't foresee the women performing combat jobs such as infantry work, or in the armor and artillery branch of the Philippine Army."65 He used the biological nature and differences between the sexes as the rationale for his views, although he said things might be different in the Navy or in the Air Force, where women can serve as pilots and or other combat duties that require not just physical strength.

    Senator Orlando Mercado, current Secretary of the Department of National Defense, believes that: "The issue of biological limitation is a figment of the imagination of some men who think they are much stronger than women. More than muscles, a lot of brain goes into fighting".66 He adds that some women might turn out to be more brilliant infantry generals and that he would like to see a woman from the infantry rising to become the AFP's chief of staff. Senator Mercado recommended that instead of a law specifying women's role in the military, commanders should be allowed to decide, case by case, if assigning a woman to combat duty would be detrimental to a mission or would endanger other soldiers in the process.

    Gen. Arnulfo Acedera, Jr, former AFP Chief of Staff remarked, "It would be better if we initially assign them to combat support units so that they would gain experience and further knowledge about combat situations," he states.67 Acedera believes that the question of whether the female officers would be allowed to do combat duty is a policy issue that may require action above the military.68

    "Life at the PMA is full of challenges and opportunities. I wanted to become a pilot, which is the main reason why I joined the PMA. I was not out to prove something like I can be at par with the men who had made it here. It was just in pursuit of a dream and a desire to fly the skies," states Amorelle Mackay of Class 2001.69

    Lt. Gen. Clemente Mariano, former Army Chief and AFP Vice Chief of Staff, states: "The men will have to prove themselves more, creating a higher level of competitiveness and subsequently improving the quality of our soldiers. Opportunities will greatly depend on their (women's) capabilities."70 Thus far, the AFP has only produced two female generals, both from the nursing corps.

    "We hope that there will be more women generals in the AFP in the near future",71 said Lt. Gen. Mariano in a statement that serves as a fitting welcome for the three batches of female graduates, who just like their male counterparts, would have to find their own places within the AFP hierarchy.

    The admission of female cadets at the PMA is certain to have an impact on traditional military views regarding women, and pave the way towards a more egalitarian and democratic military in the Philippines. As more and more women enter the Philippine Military Academy and successfully perform the rigorous four years of required training, the AFP is bound to re-examine the roles these female officers will perform within the military hierarchy. During the height of the Mindanao hostage saga, one of the pilots that bombed the strongholds of the Abu Sayyaf extremists was a Philippine Air Force (PAF) female pilot. This action can be taken as a positive sign that the AFP is open to assigning women other roles in the military beyond the confines of clerical jobs and medical missions. As of now, this program is in its early and experimental stages and its impact is yet to be fully demonstrated.


    Profile 4: Civil-Military Operations - Special Focus on Unlad-Bayan

    The mandate assigned to the AFP by the Philippine Constitution "to protect the people" comes in two dimensions: security and development. Evidently, one dimension will be meaningless without the other; development without security cannot be complete as espoused by the consecutive Commander-in Chiefs, Aquino and Ramos. The AFP has always believed that stability can only be attained through genuine socio-political and economic development.

    Due to a combination of external and internal events, the AFP was afforded the opportunity to actively participate in the development programs of the government. The external events included the cessation of the Cold War and the global collapse of communism, and the internal factors included an improved internal security situation, the conduct of peace negotiations with armed rebel groups, and the transfer of the primary responsibility of preserving internal security to the Philippine National Police from the AFP.

    Globally, more and more countries are actively debating the wisdom of utilizing the military for national development programs. In the context of less- developed countries such as the Philippines, however, the concept of security and development are so closely connected and inter-related that it is sometimes difficult to delineate which activities are strictly security-related and which are not. Moreover, due to limited resources, the military is a ready source for well-trained and organized professionals who have expertise in specific fields that are crucial for development. Military officers come from varied backgrounds such as engineering, medicine, agriculture and the academe. This specific expertise coupled with financial resources and the ability to be readily mobilized and dispatched to any area, makes the military a very potent force for development. With careful consideration, the military will remain loyal to its mandate and be a positive partner for development as long as it is not made to regularly or intensively interact with the civilian population. At the same time, the government must continue to strengthen its other institutions and promote better allocation of its resources so that there will be no need to utilize the military for non-defense matters.

    As a result of the military's abuse during the martial law years, and as a response to the military's adventurism in the political sphere with the series of coup d'etats during Aquino's term, oversight functions over the military have been put in place. These oversight functions include:

      1) The assignment of a civilian as head of the Department of National Defense which oversees military decisions and activities;

      2) The power of the Congress to increase, decrease or maintain the budget of the AFP; and

      3) The approval of the Committee on Appointments regarding certain positions such as the Chief-of-Staff and heads of the different service units.

    Presently, civilians have become vigilant in their oversight of the military and police appointments and activities. To their credit, the military and police exhibit much caution on overstepping their constitutional mandate. With regard to the question of whether President Estrada will be booted out of power by a military coup, AFP officials and the self-declared spokesman of the former rebel soldiers, Senator Gringo Honasan, have repeatedly issued the assurance that the military stands by the constitution and will not get involved in political matters.


    The AFP and its Contribution to National Development

    After a period of internal evaluation and organizational restructuring, the AFP launched an aggressive and comprehensive program to accomplish the findings and recommendations culled from successive internal validations.

    At the heart of these programs is the Civil-Military Operations Command of the AFP. Its broad objective is to maintain the support and the faith of the people in the security and developmental roles of the AFP. The Command has already has launched numerous initiatives to enhance confidence in the military and improve overall civil-military relations in the Philippines. The military is more aggressive than civilian organizations in formulating and implementing confidence-building measures.

    Confidence-building strategies (CBMS) can be classified into two broad categories: informal and formal.
    72 Civilian organizations depend more on informal CBMS that are related to their particular advocacy. Very few NGOs have actively engaged the military in a dialogue, even those that need to constantly interact with the military or whose advocacy is closely associated with military activities.

    Meanwhile, the AFP's initiatives can be classified into three categories each having its own target audience.73 Under the first category are activities that aim to increase public awareness of the AFP's goals and activities. The target audience is the public-at-large. The purpose of the activities under this category is to ensure that the citizenry is informed of changes being implemented to professionalize the military.

    The second category is focused on providing direct services to communities. Particular attention is given to communities that were once strongholds of communist insurgents. Activities under this category are undertaken to lessen the negative effects of previous strategic missions in the area. Community service is a way of proving that the AFP's commitment goes beyond the weeding-out of communist insurgents and that it extends to rebuilding destroyed infrastructures, among others. Moreover, it is an opportunity for the military to establish genuine interaction with the people, especially those in distant areas who are the last to receive support and assistance from the government. In a way, the military is the concrete manifestation of government in such areas and partly satisfies these communities' expectations of government response to their demands.

    The third category is composed of activities that enhance inter-agency cooperation and coordination. The target audience includes other government agencies or institutions. The activities under this category seek to address the AFP's commitment to reintegrate itself into the central government from which it once alienated itself. Military personnel sit as members of pertinent inter-agency committees such as the National Disaster Coordinating Council (NDCC) and Peace and Order Council in the different local government units.

    In support of the Ramos administration's vision for the country to attain NIC status by the year 2000, the AFP launched, during its 59th anniversary on 21 December 1994, the UNLAD BAYAN campaign program. The UNLAD BAYAN is based on seven pillars: (1) infrastructure development, (2) human resource development, (3) crisis management, (4) reserve force utilization, (5) humanitarian and social services, (6) environmental activities, and (7) livelihood opportunities and income generating projects. 74

    An examination of the CMO accomplishment reports for this program from 1994 to 1999 reveals aggressive work in the areas of infrastructure development, humanitarian and social services, and environmental activities.


    Selected Accomplishments of the AFP under UNLAD-BAYAN

    A. Infrastructure

    Using three Engineer Army Brigades and a Naval Construction Brigade, the AFP, under the Aquino administration, constructed a total of 634 kilometers of road, and 577 lineal meters of bridges to supplement the efforts of the Department of Public Works and Highways (DPWH). These projects were especially critical for the rehabilitation of rebel-infested areas where no private contractor dared to go. In addition, a total of 54 school buildings were built by AFP engineers under the auspices of the DPWH.75

    In 1998 alone, the AFP reported the construction of 237 kms. of roads, repair or rehabilitation of 129.85 kms. of roads, 187.60 linear meters of bridges, and 12 projects of well drilling in different areas in coordination with LGUs (local government units) and LGAs (local government agencies).76

    Among the AFP's notable contributions is the development of the 42-hectare resettlement center in Pampanga for the victims of Mt. Pinatubo, the volcano that erupted in 1991. The center is complete with housing units, hospitals, markets, water tanks, and access roads.

    B. Environment

    In support of the DENR's campaign towards a balanced ecology, the AFP has vigorously led a massive drive on the preservation and protection of the country's natural resources. Among these projects are:

    1. River Dredging Activities

    The AFP was one of the first agencies which responded to the "Clean and Green" project of the former First Lady Amelita M. Ramos, particularly in the cleaning of the Pasig River, Metro Manila's principal river system. Through the creation of Task Force "Pasig River", rehabilitation efforts were conducted. The Philippine Navy constructed and activated the Debris Skimmer and Debris Carrier Boat tagged as the Pasig River Rehabilitation Project to help clean and dredge the river.77

    2. Rainmaking Activities

    One activity that has proven to be beneficial, especially to the agricultural sector, is the rainmaking or weather moderation activities of which 285 sorties were flown, from 1991 to 1997 benefiting 5 provinces.78

    The Philippine Air Force (PAF) program tagged as OPLAN River in the Sky, in coordination with the National Weather Bureau and the Department of Agriculture, participated in the experiment using Chemical 101 to induce rain over agricultural areas that were hardest hit by El Niño. An OV-10 Attack aircraft was used for this mission resulting in success. Subsequent PAF rainmaking operations were undertaken to augment the Bureau of Soils rainmaking efforts.

    The rainmaking function of the PAF also proved to be invaluable in extinguishing forest fires that had razed the mountains of Palawan and Benguet.

    3. Bird Sanctuaries

    Since the Philippine Eagle is the symbol of the PAF, the Command actively participates in efforts to save the Philippine Eagle and other endangered species unique to the country.

    All Philippine Air Force Bases are declared NO HUNTING areas. All Base commanders are given strict orders to apprehend violators. Since this order was implemented, the bird population at all airbases have thrived and multiplied.

    4. Piracy and Other Illegal Economic Activities

    The Philippine Navy has been instructed by the Bureau of Customs to enforce the Tariff and Customs Code in maritime areas. The Navy conducts operations against illegal fishing, smuggling, and piracy as well as the transport of illegally cut trees through the waterways. It created the inter-agency Task Force Neptune that plans and conducts operations against local and foreign pirates operating in Southern Philippines.

    According to the International Marinelife Alliance of Canada, the Philippines loses more than P2 billion worth of sea products annually from cyanide fishing. Of this amount, P1 billion or about 600,000 metric tons of fish is lost.

    The devastation caused by illegal logging activities throughout the country has not only contributed to the denudation of forests but also to the proliferation of disasters and calamities that had already claimed hundreds of lives in the past years. It is in this regard that the government launched a massive national reforestation program that the AFP strongly supported. Simultaneously conducted with anti-illegal logging operations, this program aims to regenerate Philippine forests by planting fruit-bearing trees.

    C. Disaster and Rehabilitation Programs

    Through the AFP Disaster Response Task Force, the AFP renders support to the relief, rescue, and rehabilitation efforts of concerned government agencies in areas affected by natural calamities. In 1994, using its air, land and sea transport assets, the AFP transported 159,885 persons in various airlift missions. Likewise, the AFP rendered assistance to victims during the aftermath of the intensity seven earthquake that hit Oriental Mindoro province on November 15, 1994.79 It dispatched air and naval assets to conduct search, rescue and relief operations. Medical teams were also transported to the area to give medical assistance to the earthquake victims.

    From 1991 to 1998, the AFP conducted 7,678 disaster and relief operations that benefited a total of 725,571 individuals.80

    During super typhoons Loleng and Iliang, the AFP took part in the rescue and relief operations for victims in the affected areas. Military trucks and transport aircrafts were used to ferry relief goods and government personnel involved in relief operations.

    The efficacy of seeing military personnel in action, risking both life and limb, in terms of building goodwill for both parties, is immeasurable in building trust and confidence for the military among the affected civilian population and the wider public. The military's actions have helped to improve the image of the soldier among Filipinos as well as improve civil-military relations.


    Part Five: Best Practices in Civil-Military Relations in the Philippines

    A List of Best Practices in Democratizing Civil-Military Relations, Philippine-Style

    A careful evaluation of both the Aquino and Ramos administrations' policies, directives, and strategies yield best practices which are worth replicating. Though they can now be labeled as such, these decisions were, in most probability a complete "leap in faith" during those years. Some of the best practices include:

    (1) The reconstruction and rebuilding of democratic political institutions, beginning with a democratic constitution which provides for the basic principles of democratic civil-military relations and the civilian institutional control powers over the military, and the restoration of basic civil and political rights of citizens.

    (2) Confidence-building measures between the military and civilian groups in and out of government, especially during the initial phases of democratic transition, including the adoption of reforms to address the legitimate demands and grievances of the military, fine-tuning the government's approach to counter-insurgency, and the investigation and prosecution of human rights violations involving the military and the police.

    (3) The implementation of military structural and functional reforms in conformity with democratic civilian control such as the separation of the police from the military and the redefinition of the military's role.

    (4) Value re-orientation and formation programs undertaken by the military to educate its members on their new mandate and role under a re-democratized polity and to refurbish the military's tarnished image.

    (5) The appointment of officers committed and loyal to the Constitution to the highest ranks in the military as well as other critical units such as the Army's Scout Rangers, the Marines, and battalion commanders assigned to strategic locations.

    (6) The creation of an independent fact-finding commission vested with adequate powers to investigate the failed coup of December 1989 that produced a comprehensive study of the coup as a generic phenomenon, a historical background of Philippine civil-military relations since the AFP's inception, the socialization process and politicization of soldiers; a documentation of events covering all seven coup attempts, a database of civilian and military participants in these attempts, and a list of reform measures and agenda of action.

    (7) The undertaking of peace negotiations with military rebels by both the Aquino and Ramos governments including the offer of amnesty, although using different approaches.

    Aquino never wavered from her policy of "reconciliation with justice". Having established this policy, Aquino left the formulation of the steps to the negotiating panel. Well-chosen negotiators who enjoyed unquestioned integrity and credibility from both sides were appointed to conduct the process.

    All means were exhausted in order to reach an accord by during both public and private negotiations. With the clearance from the President, under a policy of reconciliation with justice, the Chief of Staff of the AFP took the bold initiative of direct negotiations with the leadership of military rebels with the intent of allowing the rebels to rejoin society. While the negotiations failed to make all of the rebel leaders appear, they partly succeeded with the return to the fold of the law of Colonel Eduardo Kapunan, a top RAM leader and 17 other officers. Colonel Kapunan later served as a consultant to a member of the Commission on Elections and an adviser to the National Unification Commission.

    (8) Formation of separate government bodies dedicated to oversee the whole peace process.

    National Unification Commission (NUC). Following consultations with concerned sectors of society, the designated function of the NUC is to formulate and recommend to the President a viable general amnesty program and peace process. In addition, the NUC reviewed and evaluated the existing National Reconciliation and Development programs. The NUC was also given the authority to call on any government agency or official for assistance.

    Office of the Presidential Adviser on the Peace Process (OPAPP). The OPAPP is the lead government agency supervising the comprehensive peace process. Created on 15 September 1993 by virtue of EO. No. 125, the OPPAPP also coordinates government bodies specifically created to implement peace programs. These bodies include the National Program for Unification and Development Council (NPUDC), the National Amnesty Commission (NAC), and the Government Peace Negotiating Panels for three major rebel groups - including those from the military.

    (9) Creation of a comprehensive and systematized analysis of the causes of the armed conflicts and probable solution to achieve peace between the two sides.

    Ramos made the pursuit of peace a top priority of his national agenda. Under the auspices of the NUC, public consultations at the local, regional and national levels were held in 71 provinces from October 1992 to July 1993. Private consultations were also held with various rebel groups.

    In July 1993, the NUC submitted its recommendations to the President dubbed as the "Six Paths to Peace". The report pinpointed the root causes of the armed conflicts as: massive and abject poverty and inequity; poor governance, including lack of basic social services, corruption and inefficiency, and poor implementation of laws; and a host of other factors. The responsibility to report on the implementation of NUC's recommendations fell on OPAPP.

    (10) Use of the "You win some, you lose some" strategy.

    Upon Ramos' assumption to office, most of the democratic institutions had been re-established. The President's task was to sustain and strengthen these institutions. Ramos understood that in order to preserve the democratic institutions, he had to insulate the economy from all kinds of instability, especially regarding problems stemming from political or social issues. Faced with a huge debt problem and a fledging economy, Ramos, a military strategist, opted to lose some battles in order to win the war. One of the major concessions made to the military rebels was unconditional amnesty. While the condition of amnesty probably contributed to the reduction of the appetite for rebellion among military rebels, it posed a serious challenge to the task of instilling discipline and obedience to the principles of democratic civilian control among younger officers, a problem whose full import is likely to arise when circumstances that facilitate a coup d'etat emerge.

    Many analysts criticized the agreement with the military rebels as a bad model. Members of Congress, the church, and civil society argued that the government panel capitulated on a number of issues in order to produce any kind of agreement. The same groups believed that as a consequence, the communist and secessionist rebels would demand concessions equal, if not superior to concessions secured by the military rebels. In response to the criticism, the government panel head, retired General Fortunato Abat said that the most important thing was the permanent cessation of hostilities. General Abat further remarked that the agreement did not prevent anybody from suing for damages since the amnesty only covered criminal activities and not civil liabilities.


    Conclusion

    An underlying question raised at the beginning of this research was whether the stages of democratization once properly identified and labeled could subsequently be skipped. Although much literature has been written to elaborate on this socio-political phenomenon, the authors acknowledge that at best, studies such as these can only be like road signs and lampposts.

    As much as scholars would like to assist democratizing countries sidestep some of the more painful and chaotic stages of the transition, they can only document past events and practices of countries that have gone through the phase whether successfully or unsuccessfully. The reality, as defined by Edward Friedman, is that democratization is a political project, one that he depicted as difficult, prolonged, and fragile in the short-run. The final decision of which path to take, which cliffs to jump, and which rivers to swim will be made by the groups that make up a polity.


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    Notes

    1. Final Report of the Fact-Finding Commission. (Makati: Bookmark Publishing Co.) p. 31
    2. Ibid, p. 3
    3. Ibid, p. 39
    4. Ibid, p.44
    5. Ibid, p. 47
    6. Corazon C. Aquino. "State of the Nation". Malacañang Journal Vol. 1 No. 9 (July-August 1987), p. 2
    7. Ibid
    8. Corazon C. Aquino and her Cabinet. The Aquino Administration: Record and legacy (1986 -1992) (Quezon City: University of the Philippines Press) p. 76
    9. Claude A. Buss. Cory Aquino and the People of the Philippines. (Stanford Alumni Association) p. 65
    10. Corazon C. Aquino and her Cabinet. The Aquino Administration: Record and legacy (1986 -1992) (Quezon City: University of the Philippines Press) p. 119
    11. Corazon C. Aquino and her Cabinet. The Aquino Administration: Record and legacy (1986 -1992) (Quezon City: University of the Philippines Press) p. 9
    12. Consortium on Electoral Reforms. The 1998 Voter's Guide. (p. 5)
    13. Ibid
    14. Albert C. Lim. " Police: National or Local?" Sanggunian: The Philippine Local Government Journal. December 1998, p. 13
    15. Gene A. Velosa. "Nazareno is PNP Chief, " The Constable and the INP. Nov-Dec. 1990, p. 8
    16. Rules and Regulations Implementing the Department of the Interior and Local Government Act of 1990. (pp. 4-6)
    17. Final Report of the Fact-Finding Commission. (Makati: BookmarkPublishing Co.) p. 137
    18. Miriam Colonel-Ferrer ed. Peace Matters: a Philippine Peace Compendium. (Quezon City: University of the Philippines Press) p. 219
    19. Ibid, p. 209
    20. Ibid, p. 220
    21. "RP, China, Indonesia top the list," Philippine Daily Inquirer. December 15, 1988, p.1
    22. Final Report of the Fact-Finding Commission. (Makati : Bookmark Publishing Co.) p. 532
    23. Ibid
    24. Corazon C. Aquino. "State of the Nation". Malacañang Journal Vol. 1 No. 9 (July-August 1987) p. 4
    25. Jose V. Abueva and Emerlinda R. Roman, Corazon C. Aquino: Early Assessments of Her Presidential Leadership and Administration and Her Place in History (Quezon City: University of the Philippines Press) p. 254
    26.
    27.
    28. Daily Globe, August 28, 1989, p.7
    29. Final Report of the Fact-Finding Commission. (Makati: Bookmark Publishing Co.) p. 584
    30. Ibid, 509-530
    31. Jose V. Abueva and Emerlinda R. Roman, Corazon C. Aquino: Early Assessments of Her Presidential Leadership and Administration and Her Place in History (Quezon City: University of the Philippines Press) p. 11
    32. Ibid
    33. Corazon C. Aquino and her Cabinet. The Aquino Administration: Record and legacy (1986 -1992) (Quezon City: University of the Philippines Press) p. 93
    34. Ibid, p.98
    35. Ibid, p. 94
    36. Unpublished reports of the Office of Ethical Standards and Public Accountability, AFP
    37. Lt. Col. Reuben V. Espartinez. " Developing and Strengthening Moral and Spiritual Values Towards Enhancing National Security: The Metro Manila Experience" . Policy Options Paper: National Defense College of the Philippines, 1998. (p. 12)
    38. Ibid, p.11
    39. Fidel B. Dacalos. "The AFP Military Values Education: An Analysis," Philippine Military Digest Vol. 2 No. 4 (October-December 1995) p. 67
    40. Unpublished reports of the Office of Ethical Standards and Public Accountability, AFP
    41. Ibid
    42. Interview with Lt. Col. Reblora. OESPA-AFP. GHQ, Camp Aguinaldo, Quezon City
    43. Culled from Various AFP Staff Memorandums, 1992-1994
    44. Commission on Human Rights. A Decade Report: 1987-1996. May 1997. (p. 18)
    45. Corazon C. Aquino and her Cabinet. The Aquino Administration: Record and legacy (1986 -1992) (Quezon City: University of the Philippines Press) p.128
    46. Santos Lamban. " The Anti-Militarization Campaign of 986-1994: Culling the Lessons, " Human Rights Forum. Vol. 16 No. 2, p.28
    47. Arnel de Guzman and Tito Craige. Handbook on Militarization. (Ecumenical Movement for Justice and Peace: 1985) p. 19
    48. Ibid
    49. Ibid
    50. Corazon C. Aquino. State of the Nation Address, 1991, p. 7
    51. Ibid
    52. "No promotion for officers in rights cases", Philippine Daily Inquirer, July 30, 1991, p. 1
    53. Rules and Regulations Implementing Republic Act 6975, p. 43
    54. Ofreneo, Ana Elzy E." Human Rights Education and Training for the Military and Police". Management Research Report: Asian Institute of Management, 1994. Sec.5, p. 8
    55. Ibid, Sec. 5, p. 11
    56. Ibid, Sec. 5, p. 5
    57. Ibid, Sec. 5, p. 16
    58. Commission on Human Rights. Summary of Statistical Information: 1988-1998. (p.1)
    59. June Pagaduan Lopez et. al. Human Rights Violations: What Perpetuates the Perpetrators? A Study of Military and Police Attitudes Towards Human Rights. (UP-CIDS Chronicle: January-June 1998)
    60. "PMA cadettes a hot issue," Times Journal, February 12, 1993, p. 5
    61. "Admission of Women into PMA raises apprehensions." Manila Chronicle, February 12, 1993, p. 3
    62. "3 Female PMA Cadets graduate in Top 10". Philippine Daily Inquirer, p. 20
    63. "PMA cadettes a hot issue," Times Journal, February 12, 1993, p. 5
    64. "Speedy Promotion of Women Vowed", Philippine Daily Inquirer, March 17, 1997, p. 6
    65. "Biazon says combat zone not for women," Philippine Daily Inquirer, March 15, 1997, p. 1
    66. Ibid, p.20
    67. "AFP Chief says women can fight," Philippine Daily Inquirer, March 16, 1997, p. 16
    68. "Will they let women fight," Philippine Daily Inquirer, August 27, 1996, p. 3
    69. Philippine Daily Inquirer, November 1, 1998, p. 13
    70. "Biazon says combat zone not for women," Philippine Daily Inquirer, March 15, 1997, p. 20
    71. Ibid
    72. Interview with Major General Felix V. Dueñas, Jr. Deputy Chief of Staff for Plans,J5. GHQ, Camp Aguinaldo, Quezon City
    73. Ibid
    74. Letters of Instruction No. 42/1994. "UNLAD-BAYAN: AFP Campaign Plan on Nation Building". (p. 12)
    75. Corazon C. Aquino and her Cabinet. The Aquino Administration: Record and legacy (1986 -1992) (Quezon City: University of the Philippines Press) p. 98
    76-80. Civil-Military Office: AFP Annual Accomplishment Reports from 1990-1998


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