'JASIG is a shield no longer valid'- NTF-ELCAC legal eagles

November 7, 2024

The Legal Cooperation Cluster (LCC) of the National Task Force to End Local Communist Armed Conflict (NTF-ELCAC) strongly asserts that the recent arrests and detention of Porferio Tuna, Simeon Naogsan, and Wigberto Villarico were fully justified, legal, and moral.

Justice Angelita V. Miranda of the Office of the Solicitor General, who chairs the LCC, stressed that the arrests were made in accordance with standing warrants issued by competent courts for heinous crimes such as kidnapping and murder, which are beyond the scope of any purported immunity under the now-defunct Joint Agreement on Safety and Immunity Guarantees (JASIG).

The JASIG, originally designed to facilitate peace talks, has long outlived its relevance. Its termination in 2017 by then-President Rodrigo Duterte was both a legal and necessary response to the NPA’s relentless acts of violence and betrayal of public trust. Provision III (5) of the JASIG clearly states that the agreement can be terminated by either party through written notice, which President Duterte exercised, effectively nullifying any claim of immunity by alleged NDFP negotiators.

Justice Miranda stressed that this termination was a critical move to prevent the JASIG from being weaponized as a tool for criminal impunity.

“The JASIG’s purpose was to foster dialogue, not to provide sanctuary for individuals committing heinous crimes,” she declared.

The arrests of Tuna, Naogsan, and Villarico were based on valid warrants issued by competent courts. These individuals face charges for crimes that shock the conscience—kidnapping, murder, and other atrocities. The LCC underscores that even under JASIG, immunity never extended to acts contrary to the peace process. Provision II (1) of JASIG is unequivocal: immunity does not cover crimes beyond the scope of peace negotiations.

“No agreement, no matter how noble its intent, can shield individuals from accountability for heinous acts. Justice must take precedence,” Miranda further stressed.

She added that the government’s actions are firmly grounded in its constitutional mandate to protect public welfare. Article II, Section 5 of the 1987 Philippine Constitution enshrines the government’s duty to maintain peace and order and protect life and property. The arrests of these high-ranking leaders are not only legal but also a moral imperative to uphold justice and protect the Filipino people.

The LCC reiterated that the JASIG, while aimed at fostering trust in the peace process, was never intended to undermine the criminal justice system.

“Law enforcement agencies acted lawfully and appropriately in executing these arrests. These individuals cannot hide behind a terminated agreement to evade accountability,” Miranda emphasized.

The recent arrests of these communist-terrorist leaders reaffirm the government’s resolve to bring perpetrators of heinous crimes to justice. The LCC called on the public to remain vigilant against misinformation that seeks to distort the purpose and limitations of the JASIG.

“Peace without justice is an illusion. The rule of law must stand firm against those who threaten the safety and security of our nation,” the LCC chair said.

NTF-ELCAC MEDIA BUREAU

Ref: Dr. Joel M. Sy Egco, MPSA

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