#carromata

[phillipmedina]

ARTICLE 12  of the Civil Code of the Philippines

Student #12

Article 12

 A custom must be proved as a fact, according to the rules of evidence.

Customs Rules of conduct formed by repetition of acts uniformly observed as a social rule. They are legally binding and obligatory.

  General Rule: Customs must be proved as a fact according to the rules of evidence.

 Exception: If there is already a decision rendered by the same court recognizing the custom, it becomes an official act of the judicial department which court may take judicial notice ( Rules of Court, Rule 129, Sec. 2 )

Requisites to Make a Custom an Obligatory Rule

-  Plurality or repetition of acts

- The community accepts it as a proper way of acting, such that it is considered as obligatory

- Practiced by the great mass of the social group

- Continued practice for a long period of time

- Uniformity, or identity of acts or various solutions to the juridical question

-The practice must not be contrary to law, morals, or public order

ILLUSTRATION

G.R. No. L-5691 December 27, 1910 Martinez vs Van Buskirk

FACTS:

 On September 11, 1908, Martinez was riding a carromata in Ermita along the left side of the street when a delivery wagon belonging to the defendant to which a pair of horses was attached came along the street in the opposite direction at great speed. The horses ran into the carromata and wounded Martinez severely.The defendant presented evidence that the cochero was a good servant and a reliable and safe cochero.And that he was delivering stuff so he tied the driving lines of the horses to the front end of the delivery wagon and went inside the wagon to unload the stuff to be delivered.But while unloading, another vehicle drove by whose driver cracked a whip and made some noises which frightened the horses and which made it ran away.The cochero was thrown from the inside of the wagon and was unable to stop the horses. The horses collided with the carromata.

ISSUE:

- Whether or not the employer is liable for the negligence of his cochero.

Ruling:

-` No.The defendant is not liable. Cochero was not negligent. What happened was an accident.It has been a custom or a matter of common knowledge and universal practice of merchants to leave horses in the manner which the cochero left it during the accident. This is the custom in all cities.

[phoenix-ladycop]

PERSONS AND FAMILY RELATIONS (ARTICLE 11) Civil Code

MARY JANE T GARCIA

ARTICLE 11

Customs which are contrary to law,  public order or public policy shall   not be    countenanced.

 DEFINITION OF TERMS

CUSTOM - is a rule of human action established by Repeated acts and uniformly observed      or practiced as a rule of society, thru    the Implicit approval of the lawmakers, and   which is therefore generally obligatory     and legally binding.

CONTRARY – opposing, contradictory, conflicting

COUNTENANCE - to approve of or support something

 Requisites before the courts can consider customs:

 a.A custom must be proved as a fact,  according to   the    rules of evidence, otherwise the custom cannot   be considered as a source of right.

b. The custom must not be a contrary to      law, public order, or public policy.

c. There must be a number of repeated acts.

d. The repeated acts must have been uniformly performed.      

e. There must be a juridical intention. To make a rule of  social conduct that is,     there must be a conviction in the community that  is the proper way of                acting, and that there-fore a person who disregards the custom in fact also       disregards the law.

f. There must have been a sufficient lapse of time – this by itself is not a requisite of custom, but it gives    evidence of the fact that indeed it exists and is being duly observed.

 NOTE:

           An Igorot custom of adoption without legal formalities is contrary to law and can-not be countenanced or invoked.

LAW DISTINGUISED FROM CUSTOM

While ordinarily a law is written, consciously made, and enacted by congress, a custom is unwritten, spontaneous, and comes from society. Moreover, a law is superior to a      custom as a source of right. While the courts take cognizance of local laws, there can be no judicial notice of customs, even if local.

SOURCE:

Civil Code of the Philippines

Article 12

Page 53

Family Code of the Philippines

By: Albano

 S. D. MARTINEZ and his wife, CARMEN ONG DE MARTINEZ, plaintiffs-appellees,

vs. WILLIAM VAN BUSKIRK, defendant-appellant.

G.R. No. L-5691 December 27, 1910

MORELAND, J.:

 FACTS:

On the 11th day of September, 1908, Carmen Ong de Martinez, was riding a carromata in Ermita, Manila when a delivery wagon owned by the defendant (used for the transportation of fodder and to which two horses are attached), came from the opposite direction, while their carromata went close to the sidewalk in order to let the delivery wagon pass by.    However, instead of merely passing by, the horses ran into the carromata occupied by the plaintiff with her child and overturned it, causing a serious cut upon the plaintiff’s head.

The defendant contends that the cochero, who was driving his delivery wagon at the time of the accident, was actually a good servant and was considered a safe and reliable cochero. He also claims that the cochero was tasked to deliver some forage at Calle Herran, and for that purpose the defendant’s employee tied the driving lines of the horses to the front end of the delivery wagon for the purpose of unloading the forage to be delivered. However, a vehicle passed by the driver and made noises that frightened the horses causing them to run. The employee failed to stop the horses since he was thrown upon the ground.

From the stated facts, the court ruled that the defendant was guilty of negligence. The court specifically cited a paragraph of Article 1903 of the Civil Code. Hence, this is appeal to reverse such decision.

ISSUE:

Whether or not the employer, who has furnished a gentle and tractable team (of horses) and a trusty and capable driver, is liable for the negligence of such driver.

 RULING:

NO. The cochero of the defendant was not negligent in leaving the horses in the manner described by the evidence in this case. It is believed that acts or performances which, in a long time, have not been destructive and which are approved by the society are considered as custom. Hence, they cannot be considered as unreasonable or imprudent.

The reason why they have been permitted by the society is that they are beneficial rather that prejudicial. One could not easily hold someone negligent because of some act that led to an injury or accident. It would be unfair therefore to render the cochero negligent because of such circumstances.

The court further held that it is a universal practice of merchants during that time to deliver products through horse-drawn vehicles; and it is also considered universal practice to leave the horses in the manner in which they were left during the accident. It has been practiced for a long time and generally has not been the cause of accidents or injuries the judgment is therefore reversed.

CASE:

IN THE MATTER OF ADOPTION OF STEPHANY NATHY ASTORGA GARCIA

HONORATO B. CATINDIG, petitioner

G.R No. 148311 . March 31, 2005

SANDOVAL-GUTIERREZ, J.:

 FACTS:

—  Honorato B. Catindig, herein petitioner, filed a petition to adopt his minor illegitimate child Stephanie Nathy Astorga Garcia.

—  Stephanie was born on June 26, 1994; that her mother is Gemma Astorga Garcia; that Stephanie has been using her mother's middle name and surname; and that he is now a widower and qualified to be her adopting parent. He prayed that Stephanie's middle name Astorga be changed to "Garcia," her... mother's surname, and that her surname "Garcia" be changed to "Catindig," his surname.

—  Trial court rendered the assailed Decision granting the adoption, thus:

—  WHEREFORE, finding the petition to be meritorious, the same is GRANTED. Henceforth, Stephanie Nathy Astorga Garcia is hereby freed from all obligations of obedience and maintenance with respect to her natural mother, and for civil purposes, shall henceforth be the petitioner's legitimate child and legal heir. Pursuant to Article 189 of the Family Code of the Philippines, the minor shall be known as STEPHANIE NATHY CATINDIG.

—  On April 20, 2001, petitioner filed a motion for clarification and/or reconsideration praying that Stephanie should be allowed to use the surname of her natural mother (GARCIA) as her middle name.

—  On May 28, 2001, the trial court denied petitioner's motion for reconsideration holding that there is no law or jurisprudence allowing an adopted child to use the surname of his biological mother as his middle name.

ISSUE:

May an illegitimate child, upon adoption by her natural father, use the surname of her natural mother as her middle name?

RULING: YES

—  The name of an individual has two parts: (1) the given or proper name and (2) the surname or family name.

—  The given name may be freely selected by the parents for the child, but the surname to which the child is entitled is fixed by law.

—  Thus, Articles 364 to 380 of the Civil Code provides the substantive rules which regulate the use of surname of an individual whatever may be his status in life, i.e., whether he may be legitimate or illegitimate, an adopted child, a married woman or a previously married woman, or a widow, thus:

—  "Art. 364. Legitimate and legitimated children shall principally use the surname of the father.

—  Art. 365. An adopted child shall bear the surname of the adopter.

—  One of the effects of adoption is that the adopted is deemed to be a legitimate child of the adopter for all intents and purposes pursuant to Article 189 of the Family Code and Section 17 Article V of RA 8552.

—  Being a legitimate child by virtue of her adoption, it follows that Stephanie is entitled to all the rights provided by law to a legitimate child without discrimination of any kind, including the right to bear the surname of her father and her mother,

—  Stephanie's continued use of her mother's surname (Garcia) as her middle name will maintain her maternal lineage. It is to be noted that Article 189 of the Family Code and Section 18, Article V of RA 8552 (law on adoption) provide that the adoptee remains an intestate heir of his/her biological parent.  Hence, Stephanie can well assert or claim her hereditary rights from her natural mother in the future.

—  Hence, since there is no law prohibiting an illegitimate child adopted by her natural father, like Stephanie, to use, as middle name her mother's surname, the supreme court find no reason why she should not be allowed to do so.

—  WHEREFORE, the petition is GRANTED. The assailed Decision is partly MODIFIED in the sense that Stephanie should be allowed to use her mother's surname "GARCIA" as her middle name.

[gnyinthebottle]

ARTICLE 11

#11 GARCIA, JANE

Customs which are contrary to law, public order or public policy shall not be

countenanced.

DEFINITION OF TERMS

CUSTOM - is a rule of human action established by

Repeated acts and uniformly observed or practiced as a rule of society, thru the

Implicit approval of the lawmakers, and which is therefore generally obligatory

and legally binding.

CONTRARY – opposing, contradictory, conflicting

COUNTENANCE - to approve of or support something

Requisites before the courts can consider customs:

a.A custom must be proved as a fact, according to the

rules of evidence, otherwise the custom cannot be considered as a source of right.

b. The custom must not be a contrary to law, public order, or public policy.

c. There must be a number of repeated acts.

d. The repeated acts must have been uniformly performed.

e. There must be a juridical intention. To make a rule of social conduct that is,

there must be a conviction in the community that is the proper way of acting,

and that there-fore a person who disregards the custom in fact also

disregards the law.

f. There must have been a sufficient lapse of time – this by itself is not a requisite of cust

om, but it gives evidence of the fact that indeed it exists and is being duly observed.

NOTE:

An Igorot custom of adoption without legal formalities is contrary to law and can-

not be countenanced or invoked.

LAW DISTINGUISED FROM CUSTOM

While ordinarily a law is written, consciously

made, and enacted by congress, a custom is unwritten, spontaneous, and comes from

society. Moreover, a law is superior to a custom as a source of right. While the

courts take cognizance of local laws, there can be no judicial

notice of customs, even if local.

SOURCE:

Civil Code of the Philippines

Article 12

Page 53

Family Code of the Philippines

By: Albano

S. D. MARTINEZ and his wife, CARMEN ONG DE MARTINEZ, plaintiffs-appellees,

vs.

WILLIAM VAN BUSKIRK, defendant-appellant.

G.R. No. L-5691 December 27, 1910

MORELAND, J.:

FACTS:

On the 11th day of September, 1908, Carmen Ong de Martinez, was riding

a carromata in Ermita, Manila when a delivery wagon owned by the defendant (used for

the transportation of fodder and to which two horses are attached), came from the

opposite direction, while their carromata went close to the sidewalk in order to let the

delivery wagon pass by. However, instead of merely passing by, the horses ran into

the carromata occupied by the plaintiff with her child and overturned it, causing a

serious cut upon the plaintiff’s head.

The defendant contends that the cochero, who was driving his delivery wagon at the

time of the accident, was actually a good servant and was considered a safe and

reliable cochero. He also claims that the cochero was tasked to deliver some forage at

Calle Herran, and for that purpose the defendant’s employee tied the driving lines of the

horses to the front end of the delivery wagon for the purpose of unloading the forage to

be delivered. However, a vehicle passed by the driver and made noises that frightened

the horses causing them to run. The employee failed to stop the horses since he was

thrown upon the ground.

From the stated facts, the court ruled that the defendant was guilty of negligence. The

court specifically cited a paragraph of Article 1903 of the Civil Code. Hence, this is

appeal to reverse such decision.

ISSUE:

Whether or not the employer, who has furnished a gentle and tractable team (of horses)

and a trusty and capable driver, is liable for the negligence of such driver.

RULING:

NO. The cochero of the defendant was not negligent in leaving the horses in the

manner described by the evidence in this case. It is believed that acts or performances

which, in a long time, have not been destructive and which are approved by the society

are considered as custom. Hence, they cannot be considered as unreasonable or

imprudent.

The reason why they have been permitted by the society is that they are beneficial

rather that prejudicial. One could not easily hold someone negligent because of some

act that led to an injury or accident. It would be unfair therefore to render the cochero

negligent because of such circumstances.

The court further held that it is a universal practice of merchants during that time to

deliver products through horse-drawn vehicles; and it is also considered universal

practice to leave the horses in the manner in which they were left during the accident. It

has been practiced for a long time and generally has not been the cause of accidents or

injuries the judgment is therefore reversed.

CASE:

IN THE MATTER OF ADOPTION OF STEPHANY NATHY ASTORGA GARCIA

HONORATO B. CATINDIG, petitioner

G.R No. 148311 . March 31, 2005

SANDOVAL-GUTIERREZ, J.:

FACTS:

 Honorato B. Catindig, herein petitioner, filed a petition to adopt his minor

illegitimate child Stephanie Nathy Astorga Garcia.

 Stephanie was born on June 26, 1994; that her mother is Gemma Astorga

Garcia; that Stephanie has been using her mother's middle name and surname;

and that he is now a widower and qualified to be her adopting parent. He prayed

that Stephanie's middle name Astorga be changed to "Garcia," her... mother's

surname, and that her surname "Garcia" be changed to "Catindig," his surname.

 Trial court rendered the assailed Decision granting the adoption, thus:

 WHEREFORE, finding the petition to be meritorious, the same is GRANTED.

Henceforth, Stephanie Nathy Astorga Garcia is hereby freed from all obligations

of obedience and maintenance with respect to her natural mother, and for civil

purposes, shall henceforth be the petitioner's legitimate child and legal heir.

Pursuant to Article 189 of the Family Code of the Philippines, the minor shall be

known as STEPHANIE NATHY CATINDIG.

 On April 20, 2001, petitioner filed a motion for clarification and/or reconsideration

praying that Stephanie should be allowed to use the surname of her natural

mother (GARCIA) as her middle name.

 On May 28, 2001, the trial court denied petitioner's motion for reconsideration

holding that there is no law or jurisprudence allowing an adopted child to use the

surname of his biological mother as his middle name.

ISSUE:

May an illegitimate child, upon adoption by her natural father, use the surname of her

natural mother as her middle name?

RULING: YES

 The name of an individual has two parts: (1) the given or proper name and (2)

the surname or family name.

 The given name may be freely selected by the parents for the child, but the

surname to which the child is entitled is fixed by law.

 Thus, Articles 364 to 380 of the Civil Code provides the substantive rules which

regulate the use of surname of an individual whatever may be his status in life,

i.e., whether he may be legitimate or illegitimate, an adopted child, a married

woman or a previously married woman, or a widow, thus:

 "Art. 364. Legitimate and legitimated children shall principally use the surname of

the father.

 Art. 365. An adopted child shall bear the surname of the adopter.

 One of the effects of adoption is that the adopted is deemed to be a legitimate

child of the adopter for all intents and purposes pursuant to Article 189 of the

Family Code and Section 17 Article V of RA 8552.

 Being a legitimate child by virtue of her adoption, it follows that Stephanie is

entitled to all the rights provided by law to a legitimate child without discrimination

of any kind, including the right to bear the surname of her father and her mother,

 Stephanie's continued use of her mother's surname (Garcia) as her middle name

will maintain her maternal lineage. It is to be noted that Article 189 of the Family

Code and Section 18, Article V of RA 8552 (law on adoption) provide that the

adoptee remains an intestate heir of his/her biological parent. Hence, Stephanie

can well assert or claim her hereditary rights from her natural mother in the

future.

 Hence, since there is no law prohibiting an illegitimate child adopted by her

natural father, like Stephanie, to use, as middle name her mother's surname, the

supreme court find no reason why she should not be allowed to do so.

 WHEREFORE, the petition is GRANTED. The assailed Decision is partly

MODIFIED in the sense that Stephanie should be allowed to use her mother's

surname "GARCIA" as her middle name.

Article 12

#12 MEDINA, PHILLIP

-A custom must be proved as a fact, according to the rules of evidence.

Customs Rules of conduct formed by repetition of acts uniformly observed as a social rule. They are legally binding and obligatory.

General Rule: Customs must be proved as a fact according to the rules of evidence.

Exception: If there is already a decision rendered by the same court recognizing the custom, it becomes an official act of the judicial department which court may take judicial notice ( Rules of Court, Rule 129, Sec. 2 )

Requisites to Make a Custom an Obligatory Rule:

· Plurality or repetition of acts

· The community accepts it as a proper way of acting, such that it is considered as obligatory

· Practiced by the great mass of the social group

· Continued practice for a long period of time

· Uniformity, or identity of acts or various solutions to the juridical question

· The practice must not be contrary to law, morals, or public order

ILLUSTRATION G.R. No. L-5691 December 27, 1910 Martinez vs Van Buskirk

Facts

On September 11, 1908, Martinez was riding a carromata in Ermita along the left side of the street when a delivery wagon belonging to the defendant to which a pair of horses was attached came along the street in the opposite direction at great speed. The horses ran into the carromata and wounded Martinez severely.The defendant presented evidence that the cochero was a good servant and a reliable and safe cochero.And that he was delivering stuff so he tied the driving lines of the horses to the front end of the delivery wagon and went inside the wagon to unload the stuff to be delivered. But while unloading, another vehicle drove by whose driver cracked a whip and made some noises which frightened the horses and which made it ran away.The cochero was thrown from the inside of the wagon and was unable to stop the horses. The horses collided with the carromata.

ISSUE

Whether or not the employer is liable for the negligence of his cochero.

Ruling

No.The defendant is not liable. Cochero was not negligent. What happened was an accident.It has been a custom or a matter of common knowledge and universal practice of merchants to leave horses in the manner which the cochero left it during the accident. This is the custom in all cities.

Article 13

#13 ODEJAR, GINNY ROSARY A.

When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise

Case Digest

Gilbert Yap, Vice Chair of Primetown applied on March 11, 1999 for a refund or credit of income tax which Primetown paid in 1997. He claimed that they are entitled for a refund because they suffered losses that year due to increase of cost of labor and materials, etc.

However, despite the losses, they still paid their quarterly income tax and remitted creditable withholding tax from real estate sales to BIR. Hence, they were claiming for a refund. On May 13, 1999, revenue officer Elizabeth Santos required Primetown to submit additional documents to which Primetown complied with.

However, its claim was not acted upon which prompted it to file a petition for review in CTA on April 14, 2000. CTA dismissed the petition as it was filed beyond the 2-year prescriptive period for filing in judicial claim for tax refund according to Sec 229 of NIRC.

According to CTA, the two-year period is equivalent to 730 days pursuant to Article13 of NCC, Since the primetown filed its final adjustment return on April 14, 1998 and that year 2000 was a leap year, the petition was filed 731 days afte Primetown filed its final adjusted return. Hence, beyond the reglementary period. Primetown appealed to CA. CA reversed the decision of CTA. Hence, this appeal to the Supreme Court

As already quoted, Article 13 of the Civil Code provides that when the law speaks of the year, it is understood to be equivalent to 365 days. In National Marketing Corporation v. Tecson, we ruled that a year is equivalent to 365 days regardless of whether it is a regular year or a leap year.

However, in 1987, EO 292 or the Administrative Code 1987 was enacted.

Section 31, Chapter VIII, Book I thereof provides:

Sec. 31. Legal Periods. – “Year” shall be understood to be twelve calendar months; “month” of thirty days, unless it refers to a specific calendar month in which case it shall be computed according to the number of days the specific month contains; “day”, to a day of twenty-four hours and; “night” from sunrise to sunset.

Article 14

#14 PADEREZ, LUINI

“Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations. (8a)”

The law makes obligatory penal laws and those public safety and security upon all people who

live or sojourn on Philippine territory.

Definition:

Live - living in the Philippines

Sojourn – Temporary stay in the Philippines

Illustration:

Rudy is an American Citizen. He is having his vacation in Manila. He raped Jane inside a motel. He can be charged with rape and be made liable.

“Conflicting Theories on Territoriality and Exterritoriality”

EXTERRITORIALITY

- Is that fiction in international law by virtue of which certain foreign persons and their things are exempted from the jurisdiction of a state on the theory that they form an extension of the territory of their own state.

TERRITORIALITY

- The jurisdiction of a sovereign state over matters within the limits of its territoriality especially as exercisable apart from the minimum contacts standard for personal jurisdiction over non-residents.

CASE DIGEST:

The United States vs. Look Chaw @ “Luk-Chiu”

G.R. No. L-5887

December 16, 1920

Arellano, C.J

Facts:

Upon arrival of Erroll of English nationality, that it came from Hongkong, and that it was bound from Mexico, via call ports of Manila and Cebu 2 sacks of opium where found during the inspection and search of the cargo.

o Smaller sack of opium on the cabin near the salon

o larger sack in the hold

o Later on, there was also 4 cans of opium found on the part of the ship where the firemen habitually sleep.

the firemen and crew of foreign vessels, pursuant to the instructions he had from the Manila custom-house, were permitted to retain certain amounts of opium, always provided it should not be taken shore so it was returned

2 charges were filed against Look Chaw at the Court of First Instance of Cebu:

o unlawful possession of opium

o unlawful sale of opium

Look Chaw admitted that he had bought these sacks of opium, in Hongkong with the intention of selling them as contraband in Mexico or Vera Cruz, and that, as his hold had already been searched several times for opium, he ordered two other Chinamen to keep the sack.

The court ruled that it did not lack jurisdiction, in as much as the crime had been committed within its district, on the wharf of Cebu. The court sentenced him to 5 years imprisonment, to pay a fine of P10,000, with additional subsidiary imprisonment in case of insolvency. It further ordered the confiscation, in favor of the Insular Government.

Issues:

Whether or not the Philippines has jurisdiction.

Whether or not a foreign vessel in transit carrying items prohibited in this country, can be held liable for the said prohibited items.

Ruling:

The Court affirmed the conviction meted by the Court of First Instance with modifications. (Reducing the imprisonment and the fine imposed to six months and P1000).

The Court said that "mere possession of a thing of prohibited use in these Islands, aboard a foreign vessel in transit, in any of their ports does not as general rule constitute a crime triable by the courts of this country, an count of such vessel being considered as an extension of its own nationality".

The same rule does not apply when the article, whose use is prohibited within the Philippine Islands, in the present case a can of opium, is landed from the vessel upon Philippine soil thus committing an open violation of the laws of the land, with respect to which as it is violation of the penal law in force at the place of the commission of the crime only the court established in that said place itself had competent jurisdiction, in the absence of an agreement under an international treaty".

ARTICLE 15

#15 PEDRIGAL BENCH ASHLEY

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Article 15 of the Civil Code emphasizes the two things, the Nationality Principle and the perspective of the court in the Philippines with regards to Divorce. But before we tackle these two, let us first dissect article 15 to understand it more clearly.

First, what are the definition of family rights and duties?

Correlating Article 194 of the Family Code,

“Support comprises EVERYTHING indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade, or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place to work.”

This means that the family rights and duties comprise of how a parent should support his/her child or how an offspring should treat their parents.

Second, what is the meaning of Status?

Status is the sum total of a person’s rights, duties, and capacities.

Third, what is Legal capacity?

Legal capacity is what human beings can do within the framework of the Legal system.

Now, upon understanding the family rights, and duties, status, and legal capacity of a person that we can now understand how the article binds the Filipino wherever they may be. We can now apply Article 15 of the Civil Code in consideration of the Nationality Principle whether in support, duties of parent or child, and even in marriage.

But, what is the Nationality Principle?

It means that nationality or citizenship determines the personal laws of the individual.

That wherever a Filipino is, the law of the Philippines will always be there. It is like a binding force to Filipinos.

To understand more about the Nationality Principle, let’s have a look at the case of Norma Del Soccoro v. Ernst Johan Brinkman, G.R. No. 193707, December 10, 2014.

The Case of Del Soccoro vs Brinkman, tells us that the Nationality Principle shall have binding power upon its citizen.

Next, applying the Nationality Principle with regards to Divorce.

According to Judge Albano, Article 15 tackles also the standing of the court with regards to Divorce.

It states that, between Filipino and a Filipina who marry here in the Philippines, there can be NO DIVORCE.

A foreigner and a Filipina who marry in the Philippines but obtain the decree of divorce abroad, are divorced according to Philippine law, so long as the divorce decree is recognized.

In order for the Filipino spouse to remarry, the divorce decree must necessarily capacitate him/her to marry again.

The existence of the divorce in order for them to be given recognition in Philippines must be pleaded and proved in accordance to our rules of evidence.

We can understand this perspective in the case of Garcia vs Recio G.R. 138322, October 22, 2002.

[jofycreams]

KALESA also known as carromata, caritela, or karitela is a horse-drawn calash. It was one mode of transportation introduced to the islands in the 18th century by Spanish colonizers. It was the primary mode of transportation in Intramuros and nearby places. There are still few Kalesas left in the city of Manila but most of them are only available to ride inside the walled city. #TripneyJof #Manila #Philippines #ItsmorefuninthePhilippines #wakupinmanila #travel #travels #asia #Pinoy #kalesa #horses #city #cityvibe #mobile photo #mobilephotography (at General Luna Street Intramuros, Manila) https://www.instagram.com/p/CKf_aGSsqbM/?igshid=11neq0i9lrqk5

[mindanaodailynews17]

Communist NPA Terrorists’ IP killings caused IP leaders to call on military

Lianga, Surigao Del Sur (SDS) – With the recent Communist NPA Terrorists’ (CNTs’) brutal killings on Indigenous Peoples (IPs) in the hinter-sitios of San Miguel , Surigao Del Sur, the IP communities actively tipped off CNT sightings to pre-empt further CNT killings on targeted IP leaders who are opposing them in the far-flung communities and requested for the military’s immediate presence within their ancestral lands.

Last March 19, CNTs owned the brutal killings of Datu Bernandino “Bandi” Astudillo, and Zaldy “Domingo” Ybañez at Sitio Inadan, Brgy Magroyong, San Miguel town.On April 14, they also brutally murdered CAA Wilson Behing, another unarmed CAFGU Active Auxiliary (CAA) who is also a member of the IP in front of his family in Sitio Lamesa, Carromata, San Miguel violating their self-imposed Unilateral Ceasefire.

“We need the presence of the military in the conflict-affected areas because we need to protect the IP leaders and the community. Papatayin nila at babalikan ang mga IP communities na sumasalungat sa kanila kaya dapat matulungan kami ng mga sundalo na protektahan kami, “ Datu Jovito Silvoza, Sitio Sangay Chieftain in Libas-Sud, said.

38 households are forced last May 13 to temporarily leave their homes from Sitio Hayon and Sitio Sangay to the center of Brgy. Libas-Sud in San Miguel, while 7 families from Sitio Lagangan sought refuge in the houses of their relatives in Brgy. Caras-Anin the town of Tago but are back now in their homes with the help of the local government units. Prior to their temporary evacuation, IP leaders have coordinated with their respective Barangay Chairmen while the barangay have coordinated with the respective Municipal Disaster Risk Reduction Offices to provide for the basic needs of the evacuees and prevent CNT-linked front groups from aggravating the situation by exploiting IPs.

“We coordinated with the government regarding our evacuation because we don’t want to become victims of MAPASU and other front groups and who exploited us before and used us as a show of force against the government during the previous evacuations. The military and the government are not our enemies but the Communist NPA Terrorists. We evacuated because we want the military to go after them to put an end to their atrocities and we don’t want the CNTs to use us as human shields,” Datu Silvoza, said.

On May 16, the IP evacuees in Barangay Libas-Sud and Caras-an safely returned home as they were assisted and secured by the Army’s Community Support Teams. The Surigao Del Sur provincial government down to the barangays and IP councils declared the CNTs persona non-grata making the CNTs more isolated to the community and vulnerable to reports.

Meanwhile, LGUs and Tribal Council expressed strong support in the conduct of combat operations against Communist NPA Terrorists within their ancestral lands to put an end to the CNTs’ killings of IPs.Lianga

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NPAs hunt us like wild animals: Manobo tribesman

#PHnews: NPAs hunt us like wild animals: Manobo tribesman

BUTUAN CITY – The government militiaman killed by communist guerillas last week in the Surigao del Sur town of San Miguel was laid to rest Sunday morning (April 19). Wilson Esta Behing, a member of the Manobo tribe in Barangay Carromata, San Miguel, was killed by the New People’s Army (NPA) on Tuesday (April 14) while tending his farm and was unarmed. Reports said Behing’s killing was witnessed by his children. His brother, Nilo, turned emotional during the burial, as he lambasted the NPA in the area for the alleged killings of several civilians in the area, most of whom are indigenous peoples (IPs). “We were once considered by them (NPA) as their masses. But time went on that we could no longer comprehend what they are fighting for, so we decided to support the government for our own good,” Nilo said in a recorded statement sent to the Philippine News Agency Sunday. “In the mountains where the IPs reside, the NPA rebel now hunt us like wild animals. They completely disregarded the value of our lives,” he added. Nilo said the communist rebel movement should stop saying that the masses in the countryside are the "strength and hope of this country, for now, they are killing innocent civilians". The killing of Behing was condemned by the National Commission of Indigenous Peoples in Caraga Region (NCIP-13), the Philippine Army, and the Philippine National Police (PNP). On March 19, the NPA also killed Datu Bernandino Astudillo, 73, the Manobo tribal leader of Magroyong, San Miguel and a civilian identified as Zaldy Ibanez, 52. With the NPA killing of tribesmen who do not support the armed rebellion, Nilo said it was time for the government to consider providing round-the-clock security to IP communities as they now fear going back to their ancestral lands because the NPA rebels are "roaming around and hunting us". “This is my appeal to President Rodrigo Duterte. Help the IPs to have peaceful lives so that we could move on with our lives, produce food for our families,” Nilo said. Meanwhile, Behing’s widow, Amie, expressed sadness and fear with the loss of her husband, saying she is worried about the future of her five children. Her eldest is 10 and the youngest is three. “I don’t know how to survive with my children. They are still young. The NPA has stolen their future. They have no heart to our children,” Amie said in the local dialect. “Why did the NPA kill my husband? How grave was his sin that they decided to take his life?” she said. Amie recalled that the NPA killed her husband in front of their children "who were helpless to defend their father". “My children are really affected. Oftentimes, they cry when they recall that day when the NPA killed their father. I really pity them. This will not be lost in their memory until they grow up,” she said. Datu Rico Maca, the Indigenous People Mandatory Representative (IPMR) of San Miguel town, has appealed to the NPA to " stop the killing of civilians, especially the IPs". Maca is the older brother of Amie and the brother-in-law of Behing. “Life is very difficult for us now with the danger posed by Covid-19 (2019 coronavirus disease) and the continuing threats of the NPA," Maca said in an interview with the PNA on Sunday. “With the Covid-19, most of the IPs want to go back and concentrate in remote villages to be safe and to have a chance to farm for a living. But the NPA rebels are also there waiting and ready to kill us. Where will the IPs go?” he said. He appealed to the government to give justice to his brother-in-law, as well as for government agencies to help the widow of Behing and her children. “In the middle of this pandemic, my sister and the other widows whose husbands were killed by the NPA need immediate intervention by the government,” Maca said. The NPA is listed as a terrorist organization by the United States, European Union, the United Kingdom, Australia, Canada, and New Zealand. (PNA)

***

References:

* Philippine News Agency. "NPAs hunt us like wild animals: Manobo tribesman ." Philippine News Agency. https://www.pna.gov.ph/articles/1100373 (accessed April 21, 2020 at 01:04AM UTC+14).

* Philippine News Agency. "NPAs hunt us like wild animals: Manobo tribesman ." Archive Today. https://archive.ph/?run=1&url=https://www.pna.gov.ph/articles/1100373 (archived).

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NDFP twists lies vs. PH gov’t amid health crisis: NTF-ELCAC

#PHnews: NDFP twists lies vs. PH gov’t amid health crisis: NTF-ELCAC

MANILA – The National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) on Friday called out National Democratic Front of the Philippines (NDFP) executive committee member Luis Jalandoni for another attempt at spinning information that the Philippine government has violated the unilateral ceasefire amid the coronavirus pandemic.

“Patuloy ang paninira at pagbabaliktad ng CPP-NPA-NDF sa gobyerno ng Pilipinas sa iba't ibang bansa at mga internasyunal na organisasyon na nagdudulot ng negatibong epekto sa mata at pakikitungo ng mga dayuhan (The Communist Party of the Philippines-New People's Army-National Democratic Front continues to defame and discredit the Philippine Government to other nations as well as international organizations. It results in the negative perception and treatment of the Philippines by the global community),” the task force said on its Facebook account.

In an online news report, the NDFP claimed that the Philippine government has violated the ceasefire between the two parties, alleging that government troops launched 13 attacks from March 16 to April 19 affecting almost 200 villages and nearly 100 towns.

“The New People's Army has never complied with the global ceasefire appealed by the United Nations. The communist terrorist group continues to attack, kill, and harass indigenous peoples, indigenous communities, and military troops,” the NTF-ELCAC said.

The clashes between Army troops and the NPA only happen, it said, when the military defends and protects its people against the violence of the latter.

Timeline of attacks

On March 16, President Rodrigo Duterte announced a ceasefire between government troops and the communist NPA rebels as well as the suspension of military operations (SOMO).

The SOMO was ordered so soldiers can aid in the transport operations of medical supplies, food, and essential workforce as strict measures are imposed to address the Covid-19 pandemic.

Shortly after, the Philippine Army slammed the communist NPA for putting in danger the lives of villagers in Agusan del Sur by planting two improvised explosive devices (IEDs) near their community.

The Army's 3rd Special Forces Battalion (3SFBn) said on March 19 that the IEDs were retrieved after civilians in Barangay New Salem, Bayugan City, reported the presence of the bombs to a military detachment in the area.

A member of the explosive ordinance disposal team from the Army's 3rd Special Forces Battalion retrieves two pieces of 12-kilogram pressurized type of improvised anti-personnel mine on March 19, 2020. The IEDs were placed by the New People’s Army (NPA) less than 10 meters away from a residential area in Barangay New Salem, Bayugan City, Agusan del Sur. (Photo courtesy of 3SFBn)

 “Our explosive ordinance disposal (EOD) team was immediately dispatched in the area and recovered two pieces of 12-kilogram grapeshot pressurized type of improvised anti-personnel mine,” 3SFBn civil-military operations officer, 1st Lt. Krisjuper Andreo Punsalan said.

Only four days after the call for the ceasefire, on March 20, Indigenous People Mandatory Representative (IPMR) of San Miguel town in Surigao del Sur province, Councilor Rico Maca called for help after NPA rebels hacked to death Zaldy Ibañez, a farmer, and Datu Bernandino Montenegro Astudillo, the tribal chieftain of Magroyong.

Datu Bernandino Montenegro Astudillo, 73, the Manobo tribal chieftain of Barangay Magroyong, San Miguel, Surigao del Sur, who was killed by suspected New People’s Army rebels on March 19. 

“Barangay Magroyong was once considered an NPA lair. But efforts by the government through information drives won back the residents and declared their separation from the rebels,” Maca said.

He said the decision of the Manobos in the area to declare the NPA persona non grata had angered the communist rebels.

On March 30, the rebels who killed Magroyong’s tribal chieftain surfaced and admitted responsibility for his death.

However, the Army said the rebels came up with “another lie to justify their deed."

NPA's Guerrilla Front 30 (GF-30) spokesperson Imelda Rambuyod, alias “Sandara Sidlakan," admitted the group's killing of Astudillo and Ibañez.

Rambuyod accused Astudillo and Ibañez of being responsible for the rape of a certain Palay Astudillo.

Brig. Gen. Maurito Licudine, commander of the Army's 402nd Infantry Brigade, said local residents lambasted the rebels for "fabricating stories" to justify the killings.

Brig. Gen. Maurito L. Licudine, commander of the Army's 402nd Infantry Brigade based in Caraga Region, urges the people of Surigao del Sur to condemn the communist New People’s Army for the killing of a tribal chieftain and a civilian in the area. Licudine described the NPA as a 'virus that plagues communities.' (PNA file photo by Alexander Lopez)

 A day after the NPA's admission to the killing, Palay Astudillo, the granddaughter of Datu Bernandino Astudillo, came out in a video denying the accusation.

On April 7, the 301st Infantry Brigade was attacked while in the vicinity of Sitio Agilan, Panuran village to provide security to the people.

Pfc. Mark Nemis of Madalag, Aklan succumbed to a fatal gunshot wound in the head after a 20-minute firefight with the Baloy Platoon of the Central Front, Kilusang Rehiyon Panay.

Pfc. Mark Nemis of the 301st Infantry Battalion of the Philippine Army was killed in an encounter with the Communist Party of the Philippines-New People's Army on April 7, 2020 in Lambunao, Iloilo.

On April 8, the 20th Infantry Battalion reported that 15 members of the communist terrorist group forcefully collected food from residents of Lakandula village in Las Navas, Northern Samar.

On April 12, Davao Oriental Governor Nelson Dayanghirang condemned the violent attack of five NPA members who opened fire on soldiers belonging to the 67th Infantry Battalion while conducting security patrol at Barangay Mahan-ub on April 11.

He said this serves as another “[proof that] the government must no longer talk or make arrangements with CPP-NPA”.

On April 13, the local government of Balangiga, Eastern Samar issued a resolution declaring the NPA as ‘persona non grata’ after the rebels “confiscated” relief goods from poor families in one of its far-flung villages.

On April 14, the most recent, NPA rebels killed 34-year old Wilson Estar Behing, another member of the Manobo tribe and member of Civilian Armed Forces Geographical Unit (CAFGU).

He was attacked while clearing weeds on his farm to prepare for planting in Sitio Baroboan, Barangay Carromata, San Miguel in Butuan City.

Soldiers and villagers load onto a military vehicle the dead body of Estar Behing, 34, a government militiaman who was killed by armed men believed to be members of communist New People’s Army in San Miguel, Surigao del Sur, on April 14, 2020.

Presidential spokesperson Harry Roque appealed to the armed groups and the opposition to stop the attacks as the government is still occupied with the public health crisis.

“Nakikiusap kami, mga NPA (New People’s Army), lahat ng oposisyon, lahat ng kalaban ng gobyerno, isantabi niyo muna po ang politika ngayong meron tayong krisis na umiiral sa ating bayan (We appeal to the NPA, opposition, and the enemies of the government, set aside politics amid the health crisis in the country),” Roque said in a virtual presser.

Roque made the plea as he slammed the supposed move by communist insurgents to stall the government’s relentless efforts to combat Covid-19.

The NTF-ELCAC was created under Executive Order 70 to help push for a whole-of-nation approach in ending communist armed insurgency. (PNA)

***

References:

* Philippine News Agency. "NDFP twists lies vs. PH gov’t amid health crisis: NTF-ELCAC." Philippine News Agency. https://www.pna.gov.ph/articles/1100189 (accessed April 19, 2020 at 10:15PM UTC+14).

* Philippine News Agency. "NDFP twists lies vs. PH gov’t amid health crisis: NTF-ELCAC." Archive Today. https://archive.ph/?run=1&url=https://www.pna.gov.ph/articles/1100189 (archived).

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Army hits NPA for violating own ceasefire in Caraga

#PHnews: Army hits NPA for violating own ceasefire in Caraga

BUTUAN CITY – The communist New People’s Army (NPA) is "fooling the people of Caraga region" by defying the ceasefire it declared last month, the commander of the Army's 402nd Infantry Brigade said Thursday. Brig. Gen. Maurito L. Licudine issued the statement in reaction to the latest killing the communist rebels perpetrated against an unarmed militiaman in the Surigao del Sur town of San Miguel. “The CNTs (Communist NPA Terrorists) continue to deceive the people of the Caraga region. They carry on with the propagation of lies to agitate and win new recruits while doing terroristic acts, such as murder, abduction, and arson to sow fear and forcibly gain support from the people,” Licudine said. He noted that the NPA has already transformed into a group of "notorious bandits with the end view of amassing wealth through extortion and intimidation." On Tuesday, rebels belonging to the NPA's North Eastern Mindanao Regional Committee shot and killed Wilson Behing, a member of the Citizens Armed Forces Geographical Unit (Cafgu), who was tending his farm in Sitio Lamesa, Barangay Carromata, San Miguel. Police said the five rebels who killed Behing were headed by a certain Arnel C. Banguis. “Behing was working on his farm and was unarmed when approached and shot to death by the NPA rebels. He was killed in front of his own children. He suffered gunshot wounds on his face and different parts of his body, including hack wounds, which led to his untimely death," Licudine said. "This gruesome death is a work of evil, a gross violation of their unilateral ceasefire and the international humanitarian law,” he added. He accused the NPA of launching a "killing spree in Surigao del Sur" as the Armed Forces of the Philippines and the Philippine National Police (PNP) were busy providing support to the front-liners working to contain the dreaded coronavirus disease 2019 (Covid-19). Last month, the rebels also killed a tribal chieftain and two civilians in San Miguel, Surigao del Sur. "These wanton killings by the NPA must be stopped. We must join hands in condemning these atrocious acts of the CNTs in the strongest terms and renounce their presence in our communities,” Licudine said, describing the rebels as "bandits and murderers who do not regard the stigma and impact of their evil deeds to the people of Surigao del Sur." “They are the true viruses in our communities,” he added. The murder of Behing was also condemned on Wednesday by lawyer Marlon P. Bosantog, acting director of the National Commission on Indigenous Peoples (NCIP) 13 (Caraga). Behing belonged to the Manobo tribe in San Miguel. The NPA is listed as a terrorist organization by the United States, the European Union, the United Kingdom, Australia, Canada, New Zealand, and the Philippines. (PNA)

***

References:

* Philippine News Agency. "Army hits NPA for violating own ceasefire in Caraga." Philippine News Agency. https://www.pna.gov.ph/articles/1100028 (accessed April 17, 2020 at 05:08AM UTC+14).

* Philippine News Agency. "Army hits NPA for violating own ceasefire in Caraga." Archive Today. https://archive.ph/?run=1&url=https://www.pna.gov.ph/articles/1100028 (archived).

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Authorities condemn killing of unarmed militiaman in Surigao Sur

#PHnews: Authorities condemn killing of unarmed militiaman in Surigao Sur

BUTUAN CITY – The National Commission on Indigenous People in Caraga Region (NCIP-13) has condemned the killing of an unarmed militiaman believed to be perpetrated by the communist New People’s Army (NPA) rebels in the Surigao del Sur town of San Miguel. In a statement Wednesday, acting NCIP-13 Director Marlon Bosantog, said Wilson Estar Behing, 34, was killed Tuesday while attending to his farm in Sitio Baroboan, Barangay Carromata, San Miguel. Bosantog said Behing, a Manobo, was a member of Civilian Armed Forces Geographical Unit (CAFGU). “As our world continues to plunge into the uncertainty brought about by the unrelenting assault of the Covid-19 pandemic, the CPP-NPA-NDF is also doing its best, as it has always done, to sow chaos and terror throughout our country,” Bosantog said. He was referring to the Communist Party of the Philippines, the NPA's mother organization, and the National Democratic Front, the rebel movement's political arm. The CPP-NPA-NDF is listed as a terrorist organization by the United States, the European Union, the United Kingdom, Australia, Canada, New Zealand, and the Philippines. “Our farmers are indispensable front-liners in the fight against this pandemic," Bantog said, referring to the 2019 coronavirus disease. "Our indigenous cultural communities are significant sources of our food supply. Let them plant and harvest, so that you (NPA) have something to steal." He added: "I understand you (NPA rebels) go hungry, too.  Stop killing them and we will not speak of how a self-styled anti-government organization is living on stolen relief goods from the same government." Police and military officials also roundly condemned the killing. Col. James Goforth, chief of the Surigao Del Sur Provincial Police Office (SDSPPO), said Behing was working on his farm when five heavily-armed men believed to be NPA members arrived and shot the victim using high-powered firearms. “We condemn this act of the NPA considering that the victim was attending to his farm for a living. He only has in his hand's farm tools,” Goforth said. Goforth said the victim died on the spot while the perpetrators immediately fled the scene towards the mountainous portions of Barangay Carromata. The relatives of the victim were not able to immediately report the incident to authorities due to fear as they believed some NPA members were still in the area, he said. In a statement on Wednesday, the Army's 36th Infantry Battalion said Behing was killed by rebels believed to be members of Platoon 2, Sub-Region Sentro de Grabidad 2130 of the NPA's North Eastern Mindanao Regional Committee. “It is very clear that the CNTs (Communist NPA Terrorists) showed their true identities as murderers and butchers,” said Lt. Col. Jezreel Diagmel, 36IB commander. Diagmel also called on human rights advocates to investigate the NPA's apparent violation of the International Humanitarian Law. (PNA)

***

References:

* Philippine News Agency. "Authorities condemn killing of unarmed militiaman in Surigao Sur." Philippine News Agency. https://www.pna.gov.ph/articles/1099958 (accessed April 16, 2020 at 03:59AM UTC+14).

* Philippine News Agency. "Authorities condemn killing of unarmed militiaman in Surigao Sur." Archive Today. https://archive.ph/?run=1&url=https://www.pna.gov.ph/articles/1099958 (archived).

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123 CNT members, supporters surrender to Army in SurSur

#PHinfo: 123 CNT members, supporters surrender to Army in SurSur

TANDAG CITY, Surigao del Sur, Dec 26 -- A total of 123 Communist NPA Terrorist (CNT) members and their supporters voluntarily surrendered to the Community Support Program (CSP) teams of the Army’s 36th Infantry (Valor) Battalion (36IB) from the third and fourth quarters of the year 2019 in the province of Surigao del Sur.

                                           Of the 123 surrenderees, 10 of them are NPA regulars on lie-low status, 32 were Milisya ng Bayan, five Sanga sa Partido sa Localidad (SPL) and 76 Underground Mass Organization (UGMO) members.

Accordingly, they were from Sitio Banahao of Barangay Maitom in Tandag City; Sitio Cadlum of Barangay Cabangahan in Tago town; and Sitio Baroboan of Barangay Carromata, Sitio Kiskis of Barangay Siagao, and Sitio Inadan of Barangay Magroyong, all in San Miguel town.

The said locations were identified as conflict-affected areas and geographically isolated and disadvantaged areas where the communities are vulnerable to the recruitment of the CNTs through their lies and deceit to join their futile cause.

CSP teams deployed in Sitio Banahao, Barangay Maitom facilitated a total of 71 surrenderees; 11 surrenderees in Sitio Inadan, 24 in Sitio Kis-kis, eight in Sitio Cadlum, and nine surrenderees in Sitio Baroboan.

One of the regular NPA members expressed his resentment to the CNTs for the miserable life he suffered inside the organization. He realized that the NPA is fighting a lost cause, while their leaders are enjoying a better life through extortion and revolutionary taxes.

“Life there is so difficult, every day we roam in the mountains looking and seeking for an answer on our cause. I voluntarily surrendered because I was afraid that maybe one day my life will be in danger and a possibility that someday I cannot see my family anymore,” he said.

In a statement, Lt. Col. Jezreel Diagmel, 36IB Commanding Officer said, the mass surrender is the result of the military’s relentless combat operations against the CNTs and the deployment CSP teams in the identified conflict-affected areas with the help of the LGU and other stakeholders within the 36IB area of operation.

“The CNTs are weakening and have been losing mass base support which is their lifeblood in advancing their objectives. The growing numbers of surrenders and shifting of support of the masses to the government is a manifestation that they are already awakened on the deception strategy and the futile arm struggle of the CNT’s,” the army official added.

The 123 CNT members and supporters who surrendered will undergo the process of validation for them to qualify and avail for the enrollment of the Enhanced-Comprehensive Local Integration Program (E-CLIP), a government intervention program intended for the formal rebels. (Capt. Jonald Romorosa, 36IB-CMO/PIA-Surigao del Sur)

        ***

References:

* Philippine Information Agency. "123 CNT members, supporters surrender to Army in SurSur." Philippine Information Agency. https://pia.gov.ph/news/articles/1031832 (accessed December 26, 2019 at 02:35PM UTC+08).

* Philippine Infornation Agency. "123 CNT members, supporters surrender to Army in SurSur." Archive Today. https://archive.ph/?run=1&url=https://pia.gov.ph/news/articles/1031832 (archived).

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Army wins back 123 rebels in Surigao Sur

#PHnews: Army wins back 123 rebels in Surigao Sur

BUTUAN CITY -- Intensified military campaign and the implementation of the "whole-of-nation" approach convinced 123 members and supporters of the communist New People’s Army (NPA) to go back into the fold of the law and start a new life in Surigao del Sur province, the Army said. In a statement on Friday, the Army's 36th Infantry Battalion said the Army’s implementation of the Community Support Program (CSP) also helped the former rebels decide to return to their families and communities. Capt. Jonald D. Romorosa, 36IB civil-military operations officer, said most of the surrenders took place during the third and fourth quarters of the year. Of the 123 NPA rebels, 10 were regular members, 32 were Militia ng Bayan, five were members of the Sanga sa Partido sa Localidad (SPL), and 76 were mass organization members. Romorosa also cited the support of the local government units (LGUs) in the area and the government line agencies that made the surrender of the former rebels possible. In the same statement, Lt. Col. Jezreel Diagmel, 36IB acting commander, said the NPA in Surigao del Sur has weakened as it continues to lose support from the masses. “The growing numbers of surrenders and shifting of support of the masses to the government is a manifestation that they are already awakened on the deception strategy and the futile arm struggle of the CNTs,” he said, referring to the Communist New People’s Army Terrorists. Diagmel also hailed the success of CSP teams of the Army in Surigao del Sur and the help of the LGUs and other stakeholders in the area. The deployment of CSP teams in remote and conflict-affected villages in Surigao del Sur has paved the way for development interventions of the government that have benefited thousands of residents, who for years, had been affected by local communist conflicts. The CSP teams were concentrated in Surigao del Sur’s remote areas, particularly in Sitio Banahao, Barangay Maitom in Tandag City, Sitio Cadlum, Barangay Cabangahan, in the municipality of Tago, and in the town of San Miguel specifically in Sitio Baroboan, Barangay Carromata, Sitio Kiskis, Barangay Siagao, and Sitio Inadan, Baranga Magroyong. Romorosa said the rebel returnees were undergoing interviews, processing, and validation for enrolment in the government’s Enhanced Comprehensive Local Integration Program (E-Clip). (PNA)

***

References:

* Philippine News Agency. "Army wins back 123 rebels in Surigao Sur." Philippine News Agency. https://www.pna.gov.ph/articles/1089286 (accessed December 22, 2019 at 02:02AM UTC+14).

* Philippine News Agency. "Army wins back 123 rebels in Surigao Sur." Archive Today. https://archive.ph/?run=1&url=https://www.pna.gov.ph/articles/1089286 (archived).

[phgq]

CNT leadership crumbles in Surigao Sur

#PHinfo: CNT leadership crumbles in Surigao Sur

TAGO, Surigao del Sur, Oct. 17 -- The Communist New People’s Army (NPA) Terrorist (CNT) leadership is crumbling down in Surigao del Sur as CNT leaders and supporters surrendered to Army’s 36th Infantry (Valor) Battalion (36IB) at the battalion headquarters in Barangay Dayoan, Tago of this province.

A former mess officer of Sentro de Grabidad (SDG) Platoon, Guerilla Front (GF) 30 alias Justine and his wife, a mass supporter, voluntarily surrendered to 36IB on October 2, 2019. They brought along with them one KG9, an empty magazine, and a hand grenade.

On October 3, 2019, another two NPA leaders identified as alias Julian/Ronnie, a commanding officer of Platoon 8, Weakened Guerilla Front 19 (WFG 19), North Eastern Mindanao Regional Committee (NEMRC) and Libra/Marquez, team leader Abe, Squad 2, Sub-Region Sentro de Grabidad (SRSDG) Platoon 2, Sub-Regional Committee (SRC) 1419, NEMRC, and a civilian from Carromata, San Miguel and an active Milisya ng Bayan (MB) member voluntarily surrendered to 36IB commander Lt. Col. Xerxes Trinidad.

Alias Julian/Ronnie brought along with him one M16 rifle and a magazine with 13 ammunition. He revealed that he decided to surrender due to distrust in their organization's leadership and integrity, and that most of them are already surrendering to the government.

He said they have experienced hardship inside the communist movement and the lost struggle of his fellow "tribu" who were deceived by the CPP-NPA and were fighting for a lost cause.

It can be recalled that alias Hasan, a former squad leader of Squad Uno, Platoon 8, GF 19 NEMRC also surrendered to this unit last January 1, 2019 and has already received the assistance through the Enhanced Comprehensive Local Integration Program (E-CLIP) as the government’s intervention package for former rebels. The CNTs have learned the genuine offer of the government towards achieving peace in their communities.

Lt. Trinidad said that “the series of surrender among the communist terrorist group (CTG)  to the government is a clear manifestation that they are crumbling down and will soon become irrelevant to the peace-loving community of Surigao del Sur. The government’s thrust for genuine peace has awakened not just the community but also the regular members of the CNTs to include their ground leaders who were deceived by the CPP-NPA and were blinded by false ideologies."

The surrenderers will be processed and validated for enrollment to the E-CLIP, the government intervention package for former rebels. (1Lt Jonald Romorosa, CMO, 36IB/PIA-Surigao del Sur)

  ***

References:

* Philippine Information Agency. "CNT leadership crumbles in Surigao Sur." Philippine Information Agency. https://pia.gov.ph/news/articles/1028287 (accessed October 17, 2019 at 04:22PM UTC+08).

* Philippine Infornation Agency. "CNT leadership crumbles in Surigao Sur." Archive Today. https://archive.ph/?run=1&url=https://pia.gov.ph/news/articles/1028287 (archived).