Law still applies to MILF: De Lima

MANILA (UPDATE) – Justice Secretary Leila de Lima on Tuesday reiterated that the law still applies to the Moro Islamic Liberation Front (MILF) forces despite the ongoing peace process.

De Lima, in her presentation on the DOJ's legal framework on the Mamasapano clash, said there is nothing in the peace agreement between the government and MILF which guarantees members of the latter full immunity from arrest and prosecution.

''Criminal liability on the part of the MILF on this case might not be different from ordinary situations where a crime was committed and perpetrators identified are criminally liable, unless they are successfully able to present either exempting or justifying circumstances,'' de Lima said.

The Justice secretary noted that the peace agreement instruments between the government and MILF only act as a ''contract'' between the two parties.

''Non-compliance with the terms of agreements is a matter between the government of the Philippines (GPH) and MILF as negotiating parties. So in case of violations in the agreement, I see no legal sanctions on the part of the government, but only political repercussions on the trust and goodwill between the two parties."

De Lima, nonetheless, said government may choose to act both as the enforcer of the laws of the state and as a party to the agreement with the MILF. She said the two are not mutually exclusive.

''Applied separately, there would of course be political repercussions, especially if the approach is from a purely law enforcement or criminal liability standpoint, for the mere reason the other party (MILF) relies on the government to honor its commitments to the peace agreement."

De Lima said while the law obviously trumps the peace agreement instruments, the two parties can refer to the GRP-MILF Agreement on the General Cessation of Hostilities signed in 1997, which states that:

''It shall be the responsibility of the GRP and MILF to take immediate and necessary actions to stop any violation and punish respective forces who violated these implementing guidelines."

De Lima, however, again stressed that ''no law prevents the GPH from exercising its power to arrest and prosecute criminal offenders regardless of an existing peace agreement that has no clear provision on the suspension of criminal action against political or common crimes committed by members of peace partner during the peace process or negotiations."

De Lima noted that the security guarantees so far given to the MILF only involve safe passage and immunity from searches and seizures, including arrest, but only to those directly involved in the peace negotiations.

Harboring Marwan

De Lima earlier said the DOJ was already working on the case build-up for the filing of the criminal charges against those who should be held responsible for the carnage, which left 44 Special Action Force troopers dead.

The MILF has blamed the lack of coordination of the SAF forces with the Moro group for the ''misencounter."

The elite police commandos were deployed to neutralize Malaysian bomb maker Zulkifli bin Hir alias Marwan, who was allegedly being coddled by the MILF.

De Lima said if the allegation that the MILF coddled Marwan, the MILF may be charged with harboring a criminal or obstruction of justice.

The MILF has denied coddling the Malaysian terrorist, who had a $5 million bounty on his head and was earlier pronounced by the Federal Bureau of Investigation, through a DNA test, to have been most likely killed during the January 25 operation.

War crime

De Lima said while the MILF members are not exempted from arrest and prosecution, the Revised Penal Code has justifying circumstances which may shield MILF fighters from criminal liability.

She, however, did not list those circumstances, ''because of the incomplete facts… lest I'd be accused of pre-empting the investigation or lawyering for any side."

De Lima added that the MILF, being a non-state actor in a non-international armed conflict, may also be criminally prosecuted for possible violations of humanitarian law as adopted from the Geneva Convetions, as integrated in Republic Act 9851 or the Philippine International Humanitarian Law.

''This does not mean, however, that the agreement on the cessation of hostilities has been terminated and the forces have reverted to a state of armed conflict once again,'' de Lima noted.

The Mamasapano carnage has put the fate of the Bangsamoro Basic Law in peril, as doubts have been cast over the sincerity of the MILF in the peace process.