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FELICIANO FACT FINDING COMMISION REPORT

(2) Failure on the part of the Government to enforce the law deprives the law of its power to deter, particularly among those who had engaged in previous coup plots against the Government but who were granted unconditional amnesty in 1995 without prior punishment. A number of former coup plotters who had been punished for their participation in the coup attempts of the 1980s and returned to the military after the 1995 grant of unconditional amnesty, have turned their back on military adventurism. Members of their units did not join the Magdalo group in Oakwood. But some of those who received unconditional amnesty without prior punishment were in the list of members of the NRP Council. This suggests that consistent enforcement of the law may be a critical factor in neutralizing the coup virus.

(3) The key role of the AFP in the campaigns against communist insurgency and Moro secessionism creates civilian Government dependence upon the military. In addition to the clearing of areas of insurgents and defending such cleared areas, soldiers are required to discharge the tasks of consolidation and development that properly belong to civilian authorities. (3) Not only is the military’ s political power enhanced, but their politicization is also thereby increased as they confront the problems of these communities on a prolonged basis.

(4) Enlistment by civilian persons, including politicians, of military support for their personal and political ambitions contributes to military politicization and adventurism. Former President Marcos (and not the AFP) initiated the enlargement of the role of the military during his incumbency, particularly during martial law. Civilian persons, including politicians, also sought and encouraged the military breakaway of February 1986 and January 2001, giving thereby the AFP great political leverage over the civilian leaders who appear to rely on the military for political survival. When adequately motivated, military adventurers could exploit this situation to destabilize and overthrow the Government.

(5) At the same time, officers and troops under diligent and respected commanding officers did not join in the 27 July mutiny, suggesting the critical role played by this breed of military leaders in dealing with the coup virus.

c. Provocations

(1) Grievances about graft and corruption in the military, such as the RSBS, the Modernization Fund, and the procurement system provide a fertile ground for the recruitment of officers and men for military intervention and even the overthrow of Government. The expression of grievances resonates to the wider polity who share these sentiments, even as they do not approve of the means used and the solution proffered by the Magdalo group.

(2) The Commission believes that the discovery or disclosure of the plot led the rebels prematurely to launch “Oplan Andres” , a plot larger than the Oakwood incident. Failure to attain the force requirements of Plans Alpha and Bravo compelled the rebels to launch Plan Charlie.

(3) Moreover, members of PMA ’ 94 and ’ 95 were “ frustrated” when the dialogue about their concerns they expected would take place during the dinner hosted by the President on 23 July, did not take place. PMA ’ 94 and ’ 95 had the opportunity to talk to Abaya at the “White House”. (4) They talked about their class being unjustly linked to a plot against the Government as well as about their commitment to fight graft and corruption ever since their graduation from the Academy. When the dinner with the President arranged for 23 July did not include a dialogue about their concerns, the invitees went down “ frustrated.”

(4) Finally, the order by the President aired on national television for the arrest of the coup leaders as “ rogue soldiers” was a precipitating factor behind the Oakwood incident. At the time of the President’ s order, the leaders of the plot were already missing from their respective units.

II. Recommendations of the Commission Concerning the Events of 27 July 2003 at Oakwood.

1. Due diligence by commanding officers - Commanding officers in the field need constantly to warn their men against recruitment for destabilization plots against the Government by adventurers in the military. Former military rebels who have turned their back on military adventurism could be used to conduct regular dialogues within the AFP for this purpose. The adoption of a program of this nature should go a long way towards neutralizing the coup virus.

2. Effectively address legitimate grievances - The Government and the AFP need to address the legitimate grievances of the military against corrupt officers, officials, bureaucrats, and practices. More specific recommendations on this matter are made in Part Two of this report.

3. A civilian Secretary of National Defense – This Commission reiterates the recommendation of the Davide Commission to have a civilian appointed to the position of Secretary of National Defense. (5) Beyond the need to institutionalize the supremacy of civilian authority over the military, the appointment of persons who have not had long and deep ties to the military, and who have not held positions in the military establishment that itself needs to be reformed, is essential if a reform program is to succeed. Although military officers acquire a civilian status upon retirement, they are likely to bring the rigidity of hierarchy, seniority, camaraderie, and other aspects of the military culture into the office of the SND that would obstruct reform.

4. Return NICA to its original mandate – Likewise, echoing the Davide Commission recommendation, this Commission recommends the appointment of a civilian head for the NICA. Moreover, NICA should be returned to its original mandate, that is, to coordinate all intelligence agencies, military and otherwise. The President must have a source of intelligence additional to the ISAFP. (6) This should provide the Commander-in-Chief (C-in-C) with a parallel intelligence source in the event that information gathered by ISAFP is not made fully available to the C-in-C, for any reason whatsoever.

3 Army Col. Noel Buan, at the Dialogue between the Commission and the First Scout Ranger Batallion, Isabela City, Basilan, 19 September 2003.

4 This is in reference to the residential quarters of the AFP chief of staff in Camp Aguinaldo

5 The Final Report of the Fact-Finding Commission (pursuant to R.A. No. 6832), recommendation C.2.f., pp. 524-525.

6 The Report of the Fact-Finding Commission (pursuant to R.A. No. 6832), recommendation C.2.f., pp. 524-525.

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The Feliciano Fact Finding Commission Report

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