SEN. Antonio Trillanes 4th may be the most vociferous critic of President Duterte, but his comrades-in-arms in the mutineer group “Magdalo”* control the government’s key revenue-generating agency, the Bureau of Customs, holding its top posts.
The head itself of the bureau is former Marine captain Nicanor Faeldon, who was really at the same level in the Magdalo leadership as Trillanes, their spokesman. Faeldon had been the most defiant of the Magdalo leaders, having escaped twice from detention and refusing an offer of pardon.
A day after he was appointed Customs chief, Faeldon himself said that 20 officers that had been with the Magdalo would join Customs, and that “they will be embedded in the different collection districts.”
The bureau has come under intense Senate scrutiny when it was discovered last month that a shipment it had cleared through its “express lane” had contained shabu worth P6.4 billion. The bureau had to scramble to raid the warehouse where the shipment was unloaded, after Chinese authorities in Xiamen tipped the bureau about it.
The Magdalo mutineers’ joining the Bureau of Customs, a notoriously corrupt agency, is in marked contrast to its older version, the Reform the Armed Forces Movement (RAM), that had played a crucial role in the EDSA uprising. Not a single RAM veteran went into government, except for Gringo Honasan, who was elected into office.
The Magdalo mutineers of about 200 tried to overthrow government by occupying by force first, the Oakwood Hotel (now Ascott Makati) in 2003 and then, The Manila Peninsula in 2007, expecting that others in the military and in the opposition would join them in the fashion of the EDSA 1986 uprising. Nobody did, and they surrendered to the police after about 18 hours, after hearing its armored personnel carriers approaching. The coup attempts dented the country’s image of stability, frightening off a significant amount of investments, what with terrified investors finding themselves trapped in the high-end Ascott and Peninsula hotels.
Key posts
Other than Trillanes and Faeldon, the other Magdalo leaders—classmates in the Philippine Military Academy Class of 1995—who now all occupy key posts at Customs are the following.
• Army Capt. Gerardo Gambala, who is Faeldon and Trillanes’ peer at Magdalo, is deputy commissioner, in charge both of the management information systems and technology group, and head of the bureau’s “Command Center”. The office that approved the shipment that was found later to contain P6.4 billion worth of shabu is under the Command Center.
• Army Capt. Milo Maestrecampo, who became a one-day sensation when he ranted like a mad dog, spewing expletives against government in a Magdalo press conference during the Oakwood mutiny, is director of the Import Assessment Services Office.
• Navy Lt. James Layug, who ran for Kalinga governor but lost in 2010, is director of the crucial Port Operations Services.
• Col. Alvin Ebreo is chief of the bureau’s legal services.
There’s more. Faeldon brought into the bureau several military men not publicly known to be Magdalo mutineers: Col. Neil Estrella, director of the CIIS; Col. Henry Torres, acting deputy commissioner in charge of the internal administration group; and Gen. Natalio Ecarma, deputy commissioner heading the revenue collection and monitoring group.
My sources at Customs claim that Faeldon had brought into the bureau nearly 200 other Magdalo officers and soldiers, employing them as “consultants”. While the Senate committee on dangerous drugs is investigating how the P6.4 billion worth of shabu was cleared by Customs, it might as well seek to find out how many Magdalos there are at Customs now.
In appointing Faeldon as Customs head, Duterte—it is not clear if he is aware that the Magdalo mutineer had brought his other comrades into the bureau—more likely thought that his leading coup attempts against government indicated he had the character of someone committed to reforming the country.
A Magdalo customs official boasted at a Senate hearing yesterday that under them, the bureau had apprehended so and so worth of illegal drugs being smuggled into the country and had banned over 65 brokers suspected of evading taxes due on their shipment.
Haven’t increased
However, customs revenues under the Magdalo-led bureau haven’t increased at all, with its tax effort (percentage of its revenues to GDP) remaining at 2.6 percent where it has been since the past decade. It would have risen to as high as 3.4 percent (the figure for 2008) if the Magdalos had really cracked down, as they claim, on smuggling and graft in the bureau.
This isn’t surprising. After all, how could a group of men whose expertise is war—and coup plotting—know how to run our Customs Bureau, which essentially requires, other than honesty, management skills as well as expertise in law and accounting?
Worse, brokers say that corruption in the bureau hasn’t changed, that there are only “new faces.” There are rumors in the bureau that a high-ranking official was getting P28 million monthly in grease money from unscrupulous brokers. There is even one rumor circulating wildly that it was Duterte himself who jested at how expensive a Customs official’s Rolex was.
Whether they are incompetent for the job or corrupt, the Magdalo’s control of the bureau poses a danger to Duterte. They could do what the New People’s Army did during the administration of Corazon Aquino, when she appointed a communist sympathizer to the bureau, who let communist cadres control the graft there, consequently raising hundreds of millions of pesos for their revolution.
Never has a government agency, and a money-making one at that, been under the control of a single gang.
As they demonstrated in their coups against President Arroyo’s administration, the Magdalos are such power-seeking megalomaniacs that they would go against Duterte at the drop of a hat, if ever he encounters a strong political storm. It is still their dream, inspired by the successful 2014 Thai coup, to establish authoritarian rule in the country under them.
Duterte should realize that Trillanes has demonstrated what a Magdalo mutineer really is. Trillanes, Faeldon, Gambala, Maestrecampo, and Layug are birds of the same feather. And it is certainly suspicious why the Magdalos in Customs — except Faeldon and only once during the elections — have never criticized Trillanes, nor he, them.
*The mutineers presumptuously called themselves “Bagong Katipuneros” (“New Katipuneros”), referring to the revolutionary organization “Kataastaasan, Kagalanggalang Katipunan ng mga Anak ng Bayan” that led the revolution against Spanish rule in 1896. They were instead dubbed “Magdalo” by the media, as the armbands they wore during their coup attempts was that of the Cavite-based Magdalo faction of the Katipunan.
The Armed Forces of the Philippines (AFP) and some lawmakers put their foot down on the proposal to prolong the implementation of martial law by five years, saying there is no basis for it.
AFP spokesman Brig. Gen. Restituto Padilla Jr. said a five-year extension may be “too long” based on the current security situation in Mindanao.
“The Armed Forces, before it makes its recommendation to the Commander-in-Chief, must have enough basis, an intelligent basis to make whatever recommendation there is for the extension or the lifting (of martial law),” Padilla said during the Mindanao Hour news conference in Malacañang.
“We are sticking to some mission profiles that we were provided at the very beginning of martial law. These are the operational considerations,” he added.
President Rodrigo Duterte had said that the decision to extend or lift martial law in Mindanao will be based on the recommendation of the military.
But Padilla clarified that the AFP can only make recommendations but the final decision rests on political leaders.
Speaker Pantaleon Alvarez earlier proposed that martial law be implemented until the end of Duterte’s term of office.
“Una, hindi ko alam kung ano ang nagiging batayan ng ating Speaker, kasi isang political decision ang martial law eh [First, we don’t know what was the basis of the Speaker for saying that, because martial law is a political decision],” Padilla said.
“Magrerekomenda lang ang ating Department of National Defense or Armed Forces, pero ang eventual decision ay kinakailangang manggaling sa political leadership na merong mas malawak na pinagbabatayan ng kanilang desisyon [The Department of National Defense or AFP will only recommend but the decision will come from the political leadership that has a wider range of basis for their decision],” he added.
Padilla said the military’s recommendation on the possible extension of martial law will be based on whether or not it has accomplished orders given to troops when martial law was proclaimed.
The military will submit its recommendation to Defense Secretary and martial law administrator Delfin Lorenzana in a “few days,” he added.
Lorenzana will then endorse the document to the President who will make the decision on whether to lift martial law or ask Congress to extend it.
Martial law will expire on July 22.
Alvarez had said that he would push for the extension of martial law in Mindanao until 2022.
Palace spokesman Ernesto Abella clarified that the extension of martial law in Mindanao would be the decision of the President.
“Speaker Alvarez has clarified that his remarks to extend martial law until 2022 is his personal opinion,” Abella said.
Bad for economy
Rep. Harry Roque of Kabayan party-list also on Monday said extending martial law in Mindanao would be bad for the country because it would scare away tourists and investors.
“The President is yet to ask for an extension…but while I was supportive of the initial declaration, I hope that if an extension is made, it will be just for the shortest time possible because declaring martial law is never good for the country. By extending it, it will be a continuing admission before the international community that we are yet to contain rebellion, invasion,” Roque, also the House deputy minority leader, said.
“Under martial law, the military rule is supreme. When the military is supreme and not the civilian authority, it means people without the [electoral]mandate are in charge,” he added.
The Constitution provides the President can only declare martial law and suspend the privilege of the writ of habeas corpus in cases of rebellion, invasion or when public safety requires it.
“I would be cautious [in extending martial law]. The international community may already conclude that we have long term problems as far as peace and order is concerned, but I can see that martial law is still badly needed in Marawi, in parts of Lanao del Sur and ARMM (Autonomous Region in Muslim Mindanao) where the extremist groups are based,” Roque said.
“An extended martial law is never good for business, never good for tourism, never good for our international reputation. I will be comfortable if it will be extended for just another 60 days,” he added.
Rep. Edcel Lagman of Albay, one of the lawmakers who questioned Duterte’s martial law declaration, echoed Roque’s sentiments.
“It stands to reason that any extension should not exceed the original maximum period of 60 days as a provided in the Constitution. The guiding constitutional safeguard is the limited duration of martial law and the suspension
of the privilege of the writ of habeas corpus,” Lagman said.
Roque admitted that Congress can extend martial law for as long as it wants to.
“The length [of the extended martial law], will have no more limitation…it’s up to congress to determine how long will it be,” he told reporters.
Representatives Antonio Tinio of Alliance of Concerned Teachers party-list and Gary Alejano of Magdao party-list said extending martial law would be “appalling.”
“It’s becoming more evident that the Marawi crisis was merely the pretext, but the Duterte administration’s plan all along is to place all of Mindanao under permanent martial rule. The Duterte administration seems to be ignoring the lesson of history that martial law will not bring peace but only further violence to the people of Mindanao,” Tinio said.
“Extending martial law to 2022, as some have recommended, will practically render the constitutional safeguards useless, which was envisioned by the framers of the 1987 Constitution to avoid the repeat of a Marcos-type martial law,” Alejano said.